# Official Journal C 368/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.368.eng |
| --- | --- |
| Official Journal
  of the European Union | C 368 |
| | |
| English edition | Information and Notices | Volume 5617 December 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.368.eng

Official Journal

of the European Union

C 368

English edition

Information and Notices

Volume 5617 December 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | Council |
| 2013/C 368/01 | Council opinion of 10 December 2013 on the Economic Partnership Programme of Spain | 1 |
| 2013/C 368/02 | Council opinion of 10 December 2013 on the Economic Partnership Programme of France | 4 |
| 2013/C 368/03 | Council opinion of 10 December 2013 on the Economic Partnership Programme of Slovenia | 7 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

Council

2013/C 368/01

Council opinion of 10 December 2013 on the Economic Partnership Programme of Spain

1

2013/C 368/02

Council opinion of 10 December 2013 on the Economic Partnership Programme of France

4

2013/C 368/03

Council opinion of 10 December 2013 on the Economic Partnership Programme of Slovenia

7

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 368/04 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 9 |
| 2013/C 368/05 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 11 |
| 2013/C 368/06 | Non-opposition to a notified concentration (Case COMP/M.7016 — MHI/MH Power Systems) (
  1
  ) | 12 |
| 2013/C 368/07 | Non-opposition to a notified concentration (Case COMP/M.7073 — KKR/Arle Capital/Hilding Anders) (
  1
  ) | 12 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 368/04

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

1

9

2013/C 368/05

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

1

11

2013/C 368/06

Non-opposition to a notified concentration (Case COMP/M.7016 — MHI/MH Power Systems) (
  1
  )

1

12

2013/C 368/07

Non-opposition to a notified concentration (Case COMP/M.7073 — KKR/Arle Capital/Hilding Anders) (
  1
  )

1

12

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 368/08 | Euro exchange rates | 13 |
| | European Ombudsman |
| 2013/C 368/09 | Annual Report 2012 | 14 |
| 2013/C 368/10 | Special report to the European Parliament made in accordance with Article 3(7) of the Statute of the European Ombudsman | 15 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 368/11 | Information communicated by Member States regarding closure of fisheries | 16 |
| 2013/C 368/12 | Information communicated by Member States regarding closure of fisheries | 16 |
| 2013/C 368/13 | Information communicated by Member States regarding closure of fisheries | 17 |
| 2013/C 368/14 | Information communicated by Member States regarding closure of fisheries | 17 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 368/08

Euro exchange rates

13

European Ombudsman

2013/C 368/09

Annual Report 2012

14

2013/C 368/10

Special report to the European Parliament made in accordance with Article 3(7) of the Statute of the European Ombudsman

15

NOTICES FROM MEMBER STATES

2013/C 368/11

Information communicated by Member States regarding closure of fisheries

16

2013/C 368/12

Information communicated by Member States regarding closure of fisheries

16

2013/C 368/13

Information communicated by Member States regarding closure of fisheries

17

2013/C 368/14

Information communicated by Member States regarding closure of fisheries

17

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 368/15 | Prior notification of a concentration (Case COMP/M.7113 — PPF Group/Telefónica Czech Republic/Telefónica Slovakia) — Candidate case for simplified procedure (
  1
  ) | 18 |
| 2013/C 368/16 | Prior notification of a concentration (Case COMP/M.7006 — OAO Lukoil/Lubricant Business OMV) — Candidate case for simplified procedure (
  1
  ) | 19 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 368/15

Prior notification of a concentration (Case COMP/M.7113 — PPF Group/Telefónica Czech Republic/Telefónica Slovakia) — Candidate case for simplified procedure (
  1
  )

1

18

2013/C 368/16

Prior notification of a concentration (Case COMP/M.7006 — OAO Lukoil/Lubricant Business OMV) — Candidate case for simplified procedure (
  1
  )

1

19

| | |
| --- | --- |
| | (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

Council

| 17.12.2013 | EN | Official Journal of the European Union | C 368/1 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/1

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COUNCIL OPINION

of 10 December 2013

on the Economic Partnership Programme of Spain

2013/C 368/01

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (1), and in particular Article 9(4) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stability and Growth Pact (SGP) aims at securing budgetary discipline across the Union and sets out the framework for preventing and correcting excessive government deficits. It is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs. |
| --- | --- |

(1)

The Stability and Growth Pact (SGP) aims at securing budgetary discipline across the Union and sets out the framework for preventing and correcting excessive government deficits. It is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs.

| (2) | Regulation (EU) No 473/2013 sets out provisions for enhanced monitoring of budgetary policies in the euro area and for ensuring that national budgets are consistent with the economic policy guidance issued in the context of the SGP and the European Semester. Since purely budgetary measures might be insufficient to ensure a lasting correction of the excessive deficit, additional policy measures and structural reforms may be required. |
| --- | --- |

(2)

Regulation (EU) No 473/2013 sets out provisions for enhanced monitoring of budgetary policies in the euro area and for ensuring that national budgets are consistent with the economic policy guidance issued in the context of the SGP and the European Semester. Since purely budgetary measures might be insufficient to ensure a lasting correction of the excessive deficit, additional policy measures and structural reforms may be required.

| (3) | Article 9 of Regulation (EU) No 473/2013 sets out the detailed arrangements for economic partnership programmes, to be submitted by Member States whose currency is the euro under an excessive deficit procedure. Setting out a roadmap of measures to contribute to an effective and lasting correction of the excessive deficit, the economic partnership programme should specify in particular the main fiscal-structural reforms, especially those referring to taxation, pension and health systems and budgetary frameworks. |
| --- | --- |

(3)

Article 9 of Regulation (EU) No 473/2013 sets out the detailed arrangements for economic partnership programmes, to be submitted by Member States whose currency is the euro under an excessive deficit procedure. Setting out a roadmap of measures to contribute to an effective and lasting correction of the excessive deficit, the economic partnership programme should specify in particular the main fiscal-structural reforms, especially those referring to taxation, pension and health systems and budgetary frameworks.

| (4) | On 27 April 2009, the Council adopted Decision 2009/417/EC (2), whereby Spain was the subject of an excessive deficit procedure. On 21 June 2013, the Council adopted a revised recommendation under Article 126(7) of the Treaty on the Functioning of the European Union (TFEU) in the context of an excessive deficit which was opened before the entry into force of Regulation (EU) No 473/2013. |
| --- | --- |

(4)

On 27 April 2009, the Council adopted Decision 2009/417/EC (2), whereby Spain was the subject of an excessive deficit procedure. On 21 June 2013, the Council adopted a revised recommendation under Article 126(7) of the Treaty on the Functioning of the European Union (TFEU) in the context of an excessive deficit which was opened before the entry into force of Regulation (EU) No 473/2013.

| (5) | On 1 October 2013, and within the time frame established by Article 9(3), and 17(2) of Regulation (EU) No 473/2013, Spain presented to the Commission and to the Council its Economic Partnership Programme, setting out in particular fiscal-structural reforms that aim at ensuring an effective and lasting correction of the excessive deficit. The Economic Partnership Programme includes measures aimed at implementing the 2013 country-specific recommendations (CSRs) addressed to Spain by the Council Recommendation of 9 July (3)‘Council Recommendation of 9 July 2013’: (i) ensuring differentiated and growth-enhancing fiscal repair (CSR1 and 2); (ii) restoring lending to the economy (CSR 3); (iii) fighting against unemployment and the social consequences of the crisis (CSR 4, 5 and 6); (iv) fostering competitiveness and growth (CSR 7 and 8); and (v) modernising public administration (CSR 9). |
| --- | --- |

(5)

On 1 October 2013, and within the time frame established by Article 9(3), and 17(2) of Regulation (EU) No 473/2013, Spain presented to the Commission and to the Council its Economic Partnership Programme, setting out in particular fiscal-structural reforms that aim at ensuring an effective and lasting correction of the excessive deficit. The Economic Partnership Programme includes measures aimed at implementing the 2013 country-specific recommendations (CSRs) addressed to Spain by the Council Recommendation of 9 July (3)‘Council Recommendation of 9 July 2013’: (i) ensuring differentiated and growth-enhancing fiscal repair (CSR1 and 2); (ii) restoring lending to the economy (CSR 3); (iii) fighting against unemployment and the social consequences of the crisis (CSR 4, 5 and 6); (iv) fostering competitiveness and growth (CSR 7 and 8); and (v) modernising public administration (CSR 9).

| (6) | The fiscal-structural measures that Spain plans to implement are the following: (i) strict monitoring of budgetary developments at regional and local levels; (ii) the creation of an independent fiscal institution; (iii) the reduction in healthcare and public administration spending; (iv) the elimination of commercial arrears in the public sector; (v) the reduction of price inertia in public expenditures and revenues; (vi) pension sustainability; (vii) the simplification and strengthening of the efficiency of the tax system; (viii) the fight against the informal economy; and (ix) the increase in the efficiency of public administration. If effectively implemented, those measures can be expected to contribute to the lasting correction of Spain's excessive deficit situation. |
| --- | --- |

(6)

The fiscal-structural measures that Spain plans to implement are the following: (i) strict monitoring of budgetary developments at regional and local levels; (ii) the creation of an independent fiscal institution; (iii) the reduction in healthcare and public administration spending; (iv) the elimination of commercial arrears in the public sector; (v) the reduction of price inertia in public expenditures and revenues; (vi) pension sustainability; (vii) the simplification and strengthening of the efficiency of the tax system; (viii) the fight against the informal economy; and (ix) the increase in the efficiency of public administration. If effectively implemented, those measures can be expected to contribute to the lasting correction of Spain's excessive deficit situation.

| (7) | Spain's Economic Partnership Programme also takes stock of the progress made in improving the monitoring of regional finances in accordance with the Budgetary Stability Organic Law (BSOL), the Region's Liquidity Fund and the Suppliers' Payment Scheme. However, it does not consider additional steps to strengthen the strict and transparent enforcement of the preventive and corrective measures provided for in the BSOL, including for example, through timely publication of the quarterly assessment reports of region's economic and financial plans and the reasons for the activation or not of sanctions to non-compliant entities. |
| --- | --- |

(7)

Spain's Economic Partnership Programme also takes stock of the progress made in improving the monitoring of regional finances in accordance with the Budgetary Stability Organic Law (BSOL), the Region's Liquidity Fund and the Suppliers' Payment Scheme. However, it does not consider additional steps to strengthen the strict and transparent enforcement of the preventive and corrective measures provided for in the BSOL, including for example, through timely publication of the quarterly assessment reports of region's economic and financial plans and the reasons for the activation or not of sanctions to non-compliant entities.

| (8) | The creation of an independent fiscal institution in accordance with the requirements of Regulation (EU) No 473/2013 should contribute to an enhanced monitoring of Spain's public finances and to an early detection of deviations from budgetary targets. The independent fiscal institution will also advice on the activation of the preventive, corrective and enforcement measures provided for in the BSOL as well as on the definition of regions' fiscal targets. However, some institutional provisions to secure the functional and operational independence of the fiscal institution could have been made stronger. |
| --- | --- |

(8)

The creation of an independent fiscal institution in accordance with the requirements of Regulation (EU) No 473/2013 should contribute to an enhanced monitoring of Spain's public finances and to an early detection of deviations from budgetary targets. The independent fiscal institution will also advice on the activation of the preventive, corrective and enforcement measures provided for in the BSOL as well as on the definition of regions' fiscal targets. However, some institutional provisions to secure the functional and operational independence of the fiscal institution could have been made stronger.

| (9) | Even though the Economic Partnership Programme stops short of presenting plans for a comprehensive systematic review of major spending items, as set out in the 2013 country-specific recommendations by March 2014, measures to rationalise spending on health, employment policy and on public administration give information on some key expenditure items. Regarding health expenditure, the revision of the basket of benefits and of reference prices of pharmaceutical products and the introduction of a centralised purchasing platform for health supplies, could result in a more efficient use of public resources. Regarding public administration, reforms are expected to generate savings over a 3-year period from increasing overall efficiency, in particular by eliminating duplicated administrative structures, streamlining overheads, rationalising the so-called ‘institutional’ administration, as well as reforming local entities. Strict monitoring and enforcement of all those measures will be required to realise expected savings. Regional ownership of the public administration reform is also critical to securing efficiency gains over the medium term. |
| --- | --- |

(9)

Even though the Economic Partnership Programme stops short of presenting plans for a comprehensive systematic review of major spending items, as set out in the 2013 country-specific recommendations by March 2014, measures to rationalise spending on health, employment policy and on public administration give information on some key expenditure items. Regarding health expenditure, the revision of the basket of benefits and of reference prices of pharmaceutical products and the introduction of a centralised purchasing platform for health supplies, could result in a more efficient use of public resources. Regarding public administration, reforms are expected to generate savings over a 3-year period from increasing overall efficiency, in particular by eliminating duplicated administrative structures, streamlining overheads, rationalising the so-called ‘institutional’ administration, as well as reforming local entities. Strict monitoring and enforcement of all those measures will be required to realise expected savings. Regional ownership of the public administration reform is also critical to securing efficiency gains over the medium term.

| (10) | The ongoing revision of the BSOL aims at strengthening the Ministry of Finance's monitoring powers over the cash and arrears situation of the various general government levels. The goal is to eliminate public sector arrears in commercial debt, and to avoid the accumulation of commercial debt from creating risks to the financial sustainability of any given public administration. As such, the draft law strengthens fiscal discipline on all general government sub-sectors. |
| --- | --- |

(10)

The ongoing revision of the BSOL aims at strengthening the Ministry of Finance's monitoring powers over the cash and arrears situation of the various general government levels. The goal is to eliminate public sector arrears in commercial debt, and to avoid the accumulation of commercial debt from creating risks to the financial sustainability of any given public administration. As such, the draft law strengthens fiscal discipline on all general government sub-sectors.

| (11) | The dis-indexation draft law aims at discontinuing indexation schemes in administered prices and fees. Existing mechanisms on collective bargaining, financial sector instruments and on pensions are excluded from its scope, schemes on pensions being the object of a separate reform as referred to in recital 12. Following its entry into force, the law is likely to generate some fiscal savings, while at the same time, contribute to reducing second round effects on prices while supporting purchasing power and competitiveness. |
| --- | --- |

(11)

The dis-indexation draft law aims at discontinuing indexation schemes in administered prices and fees. Existing mechanisms on collective bargaining, financial sector instruments and on pensions are excluded from its scope, schemes on pensions being the object of a separate reform as referred to in recital 12. Following its entry into force, the law is likely to generate some fiscal savings, while at the same time, contribute to reducing second round effects on prices while supporting purchasing power and competitiveness.

| (12) | Recent and planned changes in the pension system are significant. The proposed regulation of the sustainability factor and the new pension indexation formula — together with the early retirement reform adopted in March 2013 — are important steps to improve the sustainability of public finances and to rein in fast-rising pension expenditure. |
| --- | --- |

(12)

Recent and planned changes in the pension system are significant. The proposed regulation of the sustainability factor and the new pension indexation formula — together with the early retirement reform adopted in March 2013 — are important steps to improve the sustainability of public finances and to rein in fast-rising pension expenditure.

| (13) | Regarding the systematic review of the tax system (CSR 2), the Economic Partnership Programme refers to the conclusions of a group of experts to be presented in February 2014, which will be evaluated by the Government at a later stage. That programme also presents measures, such as the new tax on fluoride gas, in response to the recommendation to take additional steps on environmental taxation. |
| --- | --- |

(13)

Regarding the systematic review of the tax system (CSR 2), the Economic Partnership Programme refers to the conclusions of a group of experts to be presented in February 2014, which will be evaluated by the Government at a later stage. That programme also presents measures, such as the new tax on fluoride gas, in response to the recommendation to take additional steps on environmental taxation.

| (14) | The Economic Partnership Programme also refers to measures to fight tax fraud and undeclared work, including among others, an annual plan on tax and customs controls to be adopted at the beginning of 2014, as well as the continued implementation of the plan against fraud in employment and in social security. Those efforts are expected to yield additional revenues, thus contributing to the fiscal consolidation effort. |
| --- | --- |

(14)

The Economic Partnership Programme also refers to measures to fight tax fraud and undeclared work, including among others, an annual plan on tax and customs controls to be adopted at the beginning of 2014, as well as the continued implementation of the plan against fraud in employment and in social security. Those efforts are expected to yield additional revenues, thus contributing to the fiscal consolidation effort.

| (15) | Significant attention is devoted in the Economic Partnership Programme to labour market issues, including the evaluation of the 2012 labour market reform, the ongoing reform of active labour market policies, the implementation of the Youth Entrepreneurship and Employment Strategy and the introduction of public-private partnerships in placement services. However, there are no concrete plans for the further modernisation of public employment services, beyond the cooperation with private employment agencies. Moreover, following the evaluation of the 2012 labour market reform, the Economic Partnership Programme does not foresee measures for a further strengthening of the reform. That said, that reform seems to have fostered firms' internal flexibility and wage moderation, hence limiting, ceteris paribus, employment losses. |
| --- | --- |

(15)

Significant attention is devoted in the Economic Partnership Programme to labour market issues, including the evaluation of the 2012 labour market reform, the ongoing reform of active labour market policies, the implementation of the Youth Entrepreneurship and Employment Strategy and the introduction of public-private partnerships in placement services. However, there are no concrete plans for the further modernisation of public employment services, beyond the cooperation with private employment agencies. Moreover, following the evaluation of the 2012 labour market reform, the Economic Partnership Programme does not foresee measures for a further strengthening of the reform. That said, that reform seems to have fostered firms' internal flexibility and wage moderation, hence limiting, ceteris paribus, employment losses.

| (16) | Reforms on product and services markets are also going in the right direction. The Economic Partnership Programme gives information on measures such as the draft law on the guarantee of market unity, the draft professional services law and the entrepreneurship law. In addition, the Economic Partnership Programme underlines the measures to reduce the electricity tariff deficit. Those measures, which are still to be completed, could help contain the accumulation of an electricity tariff debt and the associated contingent liability for public finances, |
| --- | --- |

(16)

Reforms on product and services markets are also going in the right direction. The Economic Partnership Programme gives information on measures such as the draft law on the guarantee of market unity, the draft professional services law and the entrepreneurship law. In addition, the Economic Partnership Programme underlines the measures to reduce the electricity tariff deficit. Those measures, which are still to be completed, could help contain the accumulation of an electricity tariff debt and the associated contingent liability for public finances,

HAS ADOPTED THIS OPINION:

The Economic Partnership Programme of Spain presented to the Commission and to the Council on 1 October 2013 includes a broadly adequate set of fiscal-structural reforms, which would support an effective and lasting correction of the excessive deficit. The Economic Partnership Programme confirms the reform agenda and timetable for fiscal and other structural reforms included in the 2013 National Reform Programme and the Stability Programme and gives in some cases more detail on the content of measures and their expected timeline. Some recommendations by the Council, however, are so far only partly backed by concrete measures. This is the case, for example, of the systematic review of major spending items with a view to improving the efficiency of public expenditure (CSR 1). Moreover, regarding the review of the tax system (CSR 2), the Economic Partnership Programme mainly refers to the conclusions of a group of tax experts scheduled for February 2014. In most cases, the reforms still remain to be adopted and/or fully implemented, swift and full implementation being key for the success of the Economic Partnership Programme. The Commission and the Council will monitor the execution of the reforms in the context of the European Semester.

Done at Brussels, 10 December 2013.

For the Council

The President

R. ŠADŽIUS

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(1)  OJ L 140, 27.5.2013, p. 11.

1

(2)  Council Decision 2009/417/EC of 27 April 2009 on the existence of an excessive deficit in Spain (OJ L 135, 30.5.2009, p. 25).

2

(3)  Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of Spain and delivering Council opinion on the Stability Programme of Spain, 2012-16 (OJ C 217, 30.7.2013, p. 81).

3

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| 17.12.2013 | EN | Official Journal of the European Union | C 368/4 |
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17.12.2013

EN

Official Journal of the European Union

C 368/4

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COUNCIL OPINION

of 10 December 2013

on the Economic Partnership Programme of France

2013/C 368/02

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (1), and in particular Article 9(4) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stability and Growth Pact (SGP) aims at securing budgetary discipline across the Union and sets out the framework for preventing and correcting excessive government deficits. It is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs. |
| --- | --- |

(1)

The Stability and Growth Pact (SGP) aims at securing budgetary discipline across the Union and sets out the framework for preventing and correcting excessive government deficits. It is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs.

| (2) | Regulation (EU) No 473/2013 sets out provisions for enhanced monitoring of budgetary policies in the euro area and for ensuring that national budgets are consistent with the economic policy guidance issued in the context of the SGP and the European Semester. Since purely budgetary measures might be insufficient to ensure a lasting correction of the excessive deficit, additional policy measures and structural reforms may be required. |
| --- | --- |

(2)

Regulation (EU) No 473/2013 sets out provisions for enhanced monitoring of budgetary policies in the euro area and for ensuring that national budgets are consistent with the economic policy guidance issued in the context of the SGP and the European Semester. Since purely budgetary measures might be insufficient to ensure a lasting correction of the excessive deficit, additional policy measures and structural reforms may be required.

| (3) | Article 9 of Regulation (EU) No 473/2013 sets out the detailed arrangements for economic partnership programmes, to be submitted by Member States whose currency is the euro under an excessive deficit procedure. Setting out a roadmap of measures to contribute to an effective and lasting correction of the excessive deficit, the economic partnership programme should specify in particular the main fiscal-structural reforms, especially those referring to taxation, pension and health systems and budgetary frameworks. |
| --- | --- |

(3)

Article 9 of Regulation (EU) No 473/2013 sets out the detailed arrangements for economic partnership programmes, to be submitted by Member States whose currency is the euro under an excessive deficit procedure. Setting out a roadmap of measures to contribute to an effective and lasting correction of the excessive deficit, the economic partnership programme should specify in particular the main fiscal-structural reforms, especially those referring to taxation, pension and health systems and budgetary frameworks.

| (4) | On 27 April 2009, the Council adopted Decision 2009/414/EC (2), whereby France was the subject of an excessive deficit procedure. On 21 June 2013, the Council adopted a revised recommendation under Article 126(7) of the Treaty on the Functioning of the European Union (TFEU) in the context of an excessive deficit (Council Recommendation of 21 June 2013) which was opened before the entry into force of Regulation (EU) No 473/2013. In this context, France was requested to present an economic partnership programme by 1 October 2013. |
| --- | --- |

(4)

On 27 April 2009, the Council adopted Decision 2009/414/EC (2), whereby France was the subject of an excessive deficit procedure. On 21 June 2013, the Council adopted a revised recommendation under Article 126(7) of the Treaty on the Functioning of the European Union (TFEU) in the context of an excessive deficit (Council Recommendation of 21 June 2013) which was opened before the entry into force of Regulation (EU) No 473/2013. In this context, France was requested to present an economic partnership programme by 1 October 2013.

| (5) | On 1 October 2013, and within the time frame established by Article 9(3) and 17(2) Regulation (EU) No 473/2013, France presented to the Commission and to the Council its Economic Partnership Programme, setting out in particular fiscal-structural reforms that aim at ensuring an effective and lasting correction of the excessive deficit. The Economic Partnership Programme includes measures aimed at implementing the 2013 country-specific recommendations (CSRs) addressed to France by the Council Recommendation of 9 July 2013 (3) (Council Recommendation of 9 July 2013): (i) ensuring the long-term sustainability of public finances (CSR 1) while simplifying the tax system (CSR 5); (ii) restoring competitiveness through measures to reduce production costs (CSR 2), improving the business environment (CSR 3) and increasing competition (CSR 4); as well as (iii) combating unemployment and inequality on the labour market (CSR 6). |
| --- | --- |

(5)

On 1 October 2013, and within the time frame established by Article 9(3) and 17(2) Regulation (EU) No 473/2013, France presented to the Commission and to the Council its Economic Partnership Programme, setting out in particular fiscal-structural reforms that aim at ensuring an effective and lasting correction of the excessive deficit. The Economic Partnership Programme includes measures aimed at implementing the 2013 country-specific recommendations (CSRs) addressed to France by the Council Recommendation of 9 July 2013 (3) (Council Recommendation of 9 July 2013): (i) ensuring the long-term sustainability of public finances (CSR 1) while simplifying the tax system (CSR 5); (ii) restoring competitiveness through measures to reduce production costs (CSR 2), improving the business environment (CSR 3) and increasing competition (CSR 4); as well as (iii) combating unemployment and inequality on the labour market (CSR 6).

| (6) | The Economic Partnership Programme focuses on measures which, with very few exceptions, either have already been implemented or are in the process of adoption. It provides limited information on the policy strategy of the Government for the period up to 2015, which is the deadline for correcting the excessive deficit. The fiscal-structural reforms taken or planned by France are the following: (i) measures to reduce the general government deficit, in particular through efforts to contain expenditure growth; (ii) creation of an independent fiscal council; (iii) reform of the pension system; (iv) simplification of the tax system; and (v) reduction in the cost of labour. Additional structural reforms with a bearing on growth and competitiveness, and hence an indirect impact on the deficit reduction include: (i) support to innovation and export capacity of firms; (ii) measures to enhance competition and efficiency in network industries and in some regulated sectors; (iii) reform of the labour market; and (iv) support to youth employment. |
| --- | --- |

(6)

The Economic Partnership Programme focuses on measures which, with very few exceptions, either have already been implemented or are in the process of adoption. It provides limited information on the policy strategy of the Government for the period up to 2015, which is the deadline for correcting the excessive deficit. The fiscal-structural reforms taken or planned by France are the following: (i) measures to reduce the general government deficit, in particular through efforts to contain expenditure growth; (ii) creation of an independent fiscal council; (iii) reform of the pension system; (iv) simplification of the tax system; and (v) reduction in the cost of labour. Additional structural reforms with a bearing on growth and competitiveness, and hence an indirect impact on the deficit reduction include: (i) support to innovation and export capacity of firms; (ii) measures to enhance competition and efficiency in network industries and in some regulated sectors; (iii) reform of the labour market; and (iv) support to youth employment.

| (7) | Regarding public finances, the measures taken seek to comply with the headline deficit targets set forth in the Council Recommendation of 21 June 2013, making specific efforts to contain expenditure growth, including on healthcare. In that regard, a number of public policy assessments have been carried out as part of the ongoing spending review and have been translated into specific proposals but the expected savings have not been systematically quantified. In addition, part of the measures announced so far consist in limiting and/or abolishing tax and social security exemptions, which will actually raise the tax burden rather than lower expenditure. More generally, it remains to be seen to what extent the spending review will indeed result in major reforms of government policies, coverage of activities by the public sector and delivery modes of public services. The Government has also initiated a decentralisation reform aimed at clarifying the responsibilities of local authorities and central government in order to increase the efficiency of local government expenditure. However, it is unclear at this stage whether this process will indeed contribute to rationalising local spending, and the expected savings have not been quantified. Apart from the significant amount of savings targeted for 2014, the Economic Partnership Programme provides little information on measures to improve the cost-effectiveness of healthcare spending in the medium to long run, including in the area of pharmaceuticals, in view of the projected increase in that spending. |
| --- | --- |

(7)

Regarding public finances, the measures taken seek to comply with the headline deficit targets set forth in the Council Recommendation of 21 June 2013, making specific efforts to contain expenditure growth, including on healthcare. In that regard, a number of public policy assessments have been carried out as part of the ongoing spending review and have been translated into specific proposals but the expected savings have not been systematically quantified. In addition, part of the measures announced so far consist in limiting and/or abolishing tax and social security exemptions, which will actually raise the tax burden rather than lower expenditure. More generally, it remains to be seen to what extent the spending review will indeed result in major reforms of government policies, coverage of activities by the public sector and delivery modes of public services. The Government has also initiated a decentralisation reform aimed at clarifying the responsibilities of local authorities and central government in order to increase the efficiency of local government expenditure. However, it is unclear at this stage whether this process will indeed contribute to rationalising local spending, and the expected savings have not been quantified. Apart from the significant amount of savings targeted for 2014, the Economic Partnership Programme provides little information on measures to improve the cost-effectiveness of healthcare spending in the medium to long run, including in the area of pharmaceuticals, in view of the projected increase in that spending.

| (8) | The governance of public finances has been strengthened in particular through the creation of a High Council for Public Finances. The High Council for Public Finances, whose independence is provided for by law, gives an opinion on the macroeconomic scenario underpinning draft budgets and stability programmes and on the consistency of annual fiscal targets with the multi-annual budgetary strategy. In light of its role, it has provided an opinion on the Stability Programme submitted by France on 30 April 2013 as well as on the Draft Budgetary Plan. |
| --- | --- |

(8)

The governance of public finances has been strengthened in particular through the creation of a High Council for Public Finances. The High Council for Public Finances, whose independence is provided for by law, gives an opinion on the macroeconomic scenario underpinning draft budgets and stability programmes and on the consistency of annual fiscal targets with the multi-annual budgetary strategy. In light of its role, it has provided an opinion on the Stability Programme submitted by France on 30 April 2013 as well as on the Draft Budgetary Plan.

| (9) | The planned pension reform can be expected to contribute to the long-term sustainability of the pension system. Measures taken up to 2020 mainly focus on the revenue side, in particular with an increase in social contributions for both employees and employers, a measure that the Council had warned against in Council Recommendation of 9 July 2013. The Government has committed itself to offsetting the impact of the planned pension reform on the cost of labour in 2014 through a reduction in family contributions. From 2020, the contribution period for a full pension will gradually increase to 43 years by 2035. The planned reform falls short of fully addressing the Council Recommendation of 9 July 2013 as the measures considered are expected to only halve the financing gap of the pension system by 2020. In this respect, the scope and specific rules of public sector worker schemes have not been reviewed. Moreover, the financial gap of the pension system by 2020 could be even higher than expected if the macroeconomic scenario underpinning the reform proves overly optimistic, which cannot be fully ruled out based on current economic developments. The budgetary cost of planned measures to better take strenuous activities into account is subject to significant uncertainty and is yet another risk to the financial outlook of the pension system. |
| --- | --- |

(9)

The planned pension reform can be expected to contribute to the long-term sustainability of the pension system. Measures taken up to 2020 mainly focus on the revenue side, in particular with an increase in social contributions for both employees and employers, a measure that the Council had warned against in Council Recommendation of 9 July 2013. The Government has committed itself to offsetting the impact of the planned pension reform on the cost of labour in 2014 through a reduction in family contributions. From 2020, the contribution period for a full pension will gradually increase to 43 years by 2035. The planned reform falls short of fully addressing the Council Recommendation of 9 July 2013 as the measures considered are expected to only halve the financing gap of the pension system by 2020. In this respect, the scope and specific rules of public sector worker schemes have not been reviewed. Moreover, the financial gap of the pension system by 2020 could be even higher than expected if the macroeconomic scenario underpinning the reform proves overly optimistic, which cannot be fully ruled out based on current economic developments. The budgetary cost of planned measures to better take strenuous activities into account is subject to significant uncertainty and is yet another risk to the financial outlook of the pension system.

| (10) | Further efforts have been made to simplify the tax system and increase its efficiency through a further cut in tax expenditures and proposals to increase environmental taxation. On the other hand, beside the measure already adopted in 2013, whose impact will increase in 2014, no measures are considered in the Draft Budgetary Plan to further reduce the debt bias in corporate taxation. Amendments to the Draft Budgetary Plan after it was submitted to the Commission and the Council will result in a de facto higher corporate income tax statutory rate for large companies, contrary to the Council Recommendation of 9 July 2013 to reduce statutory rates while broadening the tax base. Furthermore, while value-added tax rates will change from January 2014, as decided in December 2012, the Economic Partnership Programme does not include information on measures to further bring reduced rates closer to the standard rate as recommended by the Council. The suspension of a green tax on heavy goods vehicles announced by the Government on 29 October appears to be at odds with the efforts presented in the Economic Partnership Programme to increase environmental taxation. |
| --- | --- |

(10)

Further efforts have been made to simplify the tax system and increase its efficiency through a further cut in tax expenditures and proposals to increase environmental taxation. On the other hand, beside the measure already adopted in 2013, whose impact will increase in 2014, no measures are considered in the Draft Budgetary Plan to further reduce the debt bias in corporate taxation. Amendments to the Draft Budgetary Plan after it was submitted to the Commission and the Council will result in a de facto higher corporate income tax statutory rate for large companies, contrary to the Council Recommendation of 9 July 2013 to reduce statutory rates while broadening the tax base. Furthermore, while value-added tax rates will change from January 2014, as decided in December 2012, the Economic Partnership Programme does not include information on measures to further bring reduced rates closer to the standard rate as recommended by the Council. The suspension of a green tax on heavy goods vehicles announced by the Government on 29 October appears to be at odds with the efforts presented in the Economic Partnership Programme to increase environmental taxation.

| (11) | The measures taken by the Government to support cost-competitiveness can be expected to mitigate the increase in the cost of labour linked to the fiscal consolidation measures adopted since 2010. In particular, the tax rebate for competitiveness and employment adopted in December 2012 reduces significantly the cost of labour for wages below 2,5 times the minimum wage. In addition to the commitment to offset the impact of the planned pension reform in 2014, the Government has announced an upcoming reform of the social security financing in order to diversify receipts and reduce its impact on the labour cost. However, little information is available at this stage on the details of that reform. |
| --- | --- |

(11)

The measures taken by the Government to support cost-competitiveness can be expected to mitigate the increase in the cost of labour linked to the fiscal consolidation measures adopted since 2010. In particular, the tax rebate for competitiveness and employment adopted in December 2012 reduces significantly the cost of labour for wages below 2,5 times the minimum wage. In addition to the commitment to offset the impact of the planned pension reform in 2014, the Government has announced an upcoming reform of the social security financing in order to diversify receipts and reduce its impact on the labour cost. However, little information is available at this stage on the details of that reform.

| (12) | The Economic Partnership Programme puts forward a number of structural reforms taken to increase growth and competitiveness and to fight unemployment. To support competitiveness, the Government has taken measures to ease access to finance for innovative projects and support exporting firms. Initiatives to simplify the interactions between companies and the administration have been launched. In addition, the Economic Partnership Programme mentions targeted measures to increase competition in some regulated sectors (such as notaries and accountants) but those measures fall short of fully addressing the 2013 country-specific recommendations which called for an ambitious reform in the services sector. A reform of the railway system is also presented in the Economic Partnership Programme. While that reform seeks to improve the efficiency of the system, it does not provide for the opening of domestic passenger transportation to competition, as called for in the 2013 country-specific recommendations. The Economic Partnership Programme also presents significant measures adopted to fight unemployment although most of them were known at the time of the Council Recommendation of 9 July 2013. The law of 14 June 2013 on securing jobs, the specific measures to support the employment of young people and of older workers, as well as the forthcoming reform of vocational training and apprenticeship are positive steps to improve the functioning of the labour market and hence increase France's growth potential. By contrast, the negotiation on the unemployment benefit system has been postponed until 2014, |
| --- | --- |

(12)

The Economic Partnership Programme puts forward a number of structural reforms taken to increase growth and competitiveness and to fight unemployment. To support competitiveness, the Government has taken measures to ease access to finance for innovative projects and support exporting firms. Initiatives to simplify the interactions between companies and the administration have been launched. In addition, the Economic Partnership Programme mentions targeted measures to increase competition in some regulated sectors (such as notaries and accountants) but those measures fall short of fully addressing the 2013 country-specific recommendations which called for an ambitious reform in the services sector. A reform of the railway system is also presented in the Economic Partnership Programme. While that reform seeks to improve the efficiency of the system, it does not provide for the opening of domestic passenger transportation to competition, as called for in the 2013 country-specific recommendations. The Economic Partnership Programme also presents significant measures adopted to fight unemployment although most of them were known at the time of the Council Recommendation of 9 July 2013. The law of 14 June 2013 on securing jobs, the specific measures to support the employment of young people and of older workers, as well as the forthcoming reform of vocational training and apprenticeship are positive steps to improve the functioning of the labour market and hence increase France's growth potential. By contrast, the negotiation on the unemployment benefit system has been postponed until 2014,

HAS ADOPTED THIS OPINION:

The Economic Partnership Programme of France presented to the Commission and to the Council on 1 October 2013 includes a set of fiscal-structural reforms that are partly adequate to support an effective and lasting correction of the excessive deficit. The Economic Partnership Programme provides a comprehensive overview of the measures adopted prior to the Council Recommendation of 9 July 2013. It also includes information on the additional reforms launched by the time the Economic Partnership Programme was submitted. However, those measures will be insufficient to address fiscal and structural imbalances and little detail on planned reforms to further respond to the Council Recommendation of 9 July 2013 has been provided. The Government proposal for a pension reform will reduce the deficit of the pension system but will not suffice to eliminate it by 2020, in particular with schemes for state government officials and employees working in a number of state-controlled companies still expected to run significant deficits by that horizon and the underlying macroeconomic scenario appearing too optimistic. The ongoing spending review has delivered only limited outcomes so far and it remains to be seen to what extent it will translate into sizeable savings. Whether the planned decentralisation reform will improve coordination between local, regional and national levels and bring significant savings for the general government as a whole is also unclear. The Economic Partnership Programme provides little information on measures to tackle the projected medium to long-term increase in public expenditure on healthcare.

Moreover, recent decisions taken by the Government in the area of taxation do not seem to respect the Council Recommendation of 9 July 2013 and create uncertainty about the Government's strategy. Finally, the measures underpinning the Government's commitment to further reducing the cost of labour need to be specified. Overall, while the already legislated reforms are welcome steps, further efforts to address fiscal and structural imbalances are required to effectively support a durable correction of the excessive deficit and the long-term sustainability of public finances. Therefore, France is invited to submit additional information in the upcoming National Reform Programme and the Stability Programme on the reform efforts to increase the efficiency of public spending across all sub-sectors of general government and in particular to achieve better coordination and additional savings between central and local government levels. Measures to increase the cost-effectiveness of healthcare expenditure and to avoid that the projected deficits of public sector worker pension schemes weigh on the general government deficit necessitate further explanation. More information is also needed on the actions planned to further reduce the labour cost and more generally on the further structural reforms envisaged to increase the adjustment capacity of the economy and to boost potential growth. The Commission and the Council will monitor the implementation of the reforms in the context of the European Semester.

Done at Brussels, 10 December 2013.

For the Council

The President

R. ŠADŽIUS

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(1)  OJ L 140, 27.5.2013, p. 11.

1

(2)  Council Decision 2009/414/EC of 27 April 2009 on the existence of an excessive deficit in France (OJ L 135, 30.5.2009, p. 19).

2

(3)  Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of France and delivering Council opinion on the Stability Programme of France, 2012-17 (OJ C 217, 30.7.2013, p. 27).

3

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| 17.12.2013 | EN | Official Journal of the European Union | C 368/7 |
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17.12.2013

EN

Official Journal of the European Union

C 368/7

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COUNCIL OPINION

of 10 December 2013

on the Economic Partnership Programme of Slovenia

2013/C 368/03

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (1), and in particular Article 9(4) thereof,

Having regard to the proposal of the European Commission,

Whereas:

| (1) | The Stability and Growth Pact (SGP) aims at securing budgetary discipline across the Union and sets out the framework for preventing and correcting excessive government deficits. It is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs. |
| --- | --- |

(1)

The Stability and Growth Pact (SGP) aims at securing budgetary discipline across the Union and sets out the framework for preventing and correcting excessive government deficits. It is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs.

| (2) | Regulation (EU) No 473/2013 sets out provisions for enhanced monitoring of budgetary policies in the euro area and for ensuring that national budgets are consistent with the economic policy guidance issued in the context of the SGP and the European Semester. Since purely budgetary measures might be insufficient to ensure a lasting correction of the excessive deficit, additional policy measures and structural reforms may be required. |
| --- | --- |

(2)

Regulation (EU) No 473/2013 sets out provisions for enhanced monitoring of budgetary policies in the euro area and for ensuring that national budgets are consistent with the economic policy guidance issued in the context of the SGP and the European Semester. Since purely budgetary measures might be insufficient to ensure a lasting correction of the excessive deficit, additional policy measures and structural reforms may be required.

| (3) | Article 9 of Regulation (EU) No 473/2013 sets out the detailed arrangements for economic partnership programmes, to be submitted by Member States whose currency is the euro under an excessive deficit procedure. Setting out a roadmap of measures to contribute to an effective and lasting correction of the excessive deficit, the economic partnership programme should specify in particular the main fiscal-structural reforms, in particular those referring to taxation, pension and health systems and budgetary frameworks. |
| --- | --- |

(3)

Article 9 of Regulation (EU) No 473/2013 sets out the detailed arrangements for economic partnership programmes, to be submitted by Member States whose currency is the euro under an excessive deficit procedure. Setting out a roadmap of measures to contribute to an effective and lasting correction of the excessive deficit, the economic partnership programme should specify in particular the main fiscal-structural reforms, in particular those referring to taxation, pension and health systems and budgetary frameworks.

| (4) | On 2 December 2009, the Council adopted a decision according to Article 126(6) of the Treaty, whereby Slovenia was the subject of an excessive deficit procedure. The Council adopted on 21 June 2013 a revised recommendation under Article 126(7) of the Treaty in the context of an excessive deficit which was opened before the entry into force of Regulation (EU) No 473/2013. In this context, Slovenia was requested to present an economic partnership programme by 1 October 2013, setting out fiscal-structural reforms that aim at ensuring an effective and lasting correction of the excessive deficit. |
| --- | --- |

(4)

On 2 December 2009, the Council adopted a decision according to Article 126(6) of the Treaty, whereby Slovenia was the subject of an excessive deficit procedure. The Council adopted on 21 June 2013 a revised recommendation under Article 126(7) of the Treaty in the context of an excessive deficit which was opened before the entry into force of Regulation (EU) No 473/2013. In this context, Slovenia was requested to present an economic partnership programme by 1 October 2013, setting out fiscal-structural reforms that aim at ensuring an effective and lasting correction of the excessive deficit.

| (5) | The economic partnership programme submitted by Slovenia on 1 October includes measures aimed at reinforcing the budgetary strategy for a lasting correction of the excessive deficit [Council country-specific recommendation (‘CSR’) 1], supporting the long-term sustainability of the pension system and containing ageing costs (CSR2), reforming the labour market (CSR3), assessing the quality of assets in the banking system (CSR4), improving banks regulatory framework and supervisory capabilities (CSR5), reforming regulated professions (CSR6), shortening the length of judicial procedures (CSR7), strengthening corporate governance of SOEs and privatisation (CSR8) and restructuring companies and improving the business environment (CSR9). |
| --- | --- |

(5)

The economic partnership programme submitted by Slovenia on 1 October includes measures aimed at reinforcing the budgetary strategy for a lasting correction of the excessive deficit [Council country-specific recommendation (‘CSR’) 1], supporting the long-term sustainability of the pension system and containing ageing costs (CSR2), reforming the labour market (CSR3), assessing the quality of assets in the banking system (CSR4), improving banks regulatory framework and supervisory capabilities (CSR5), reforming regulated professions (CSR6), shortening the length of judicial procedures (CSR7), strengthening corporate governance of SOEs and privatisation (CSR8) and restructuring companies and improving the business environment (CSR9).

| (6) | The fiscal-structural measures and reforms that Slovenia plans to implement concern the following: (i) tax system and tax compliance; (ii) fiscal framework; (iii) pension system; and (iv) long-term care. The set of measures is partially adequate and could be expected to contribute to the effective and lasting correction of the excessive deficit situation. Nevertheless, further efforts and accelerated implementation in some areas are necessary. |
| --- | --- |

(6)

The fiscal-structural measures and reforms that Slovenia plans to implement concern the following: (i) tax system and tax compliance; (ii) fiscal framework; (iii) pension system; and (iv) long-term care. The set of measures is partially adequate and could be expected to contribute to the effective and lasting correction of the excessive deficit situation. Nevertheless, further efforts and accelerated implementation in some areas are necessary.

| (7) | Recent structural revenue-increasing measures, in particular higher VAT rates and new real estate tax, are projected to contribute considerably (around 1,3 % of GDP) to the consolidation of public finances. These actions are not complemented by structural expenditure side measures which are also essential to achieve the budget balance/surplus position. On current information, it is premature to assess several administrative measures to strengthen tax compliance, however if efficient, they would further strengthen the sustainability of public finances. |
| --- | --- |

(7)

Recent structural revenue-increasing measures, in particular higher VAT rates and new real estate tax, are projected to contribute considerably (around 1,3 % of GDP) to the consolidation of public finances. These actions are not complemented by structural expenditure side measures which are also essential to achieve the budget balance/surplus position. On current information, it is premature to assess several administrative measures to strengthen tax compliance, however if efficient, they would further strengthen the sustainability of public finances.

| (8) | The authorities are preparing an overhaul of the legislation underpinning the fiscal framework in compliance with the Treaty on Stability, Coordination and Governance in EMU (TSCG) and with other Union law. The approved constitutional budget balance/surplus rule and envisaged legal acts specifying its implementation, in particular the new Fiscal Rule Act and amended Public Finance Act, should help anchor fiscal discipline in national law. |
| --- | --- |

(8)

The authorities are preparing an overhaul of the legislation underpinning the fiscal framework in compliance with the Treaty on Stability, Coordination and Governance in EMU (TSCG) and with other Union law. The approved constitutional budget balance/surplus rule and envisaged legal acts specifying its implementation, in particular the new Fiscal Rule Act and amended Public Finance Act, should help anchor fiscal discipline in national law.

| (9) | As a result of the implementation of the December 2012 pension reform monthly numbers of new old-age pensioners indicate a moderation in their growth. However, the assessment of implementation of the second Council recommendation about strengthening the long-term sustainability of the pension system would be premature. A working group composed of members from academia and public administration is assessing the implications of the reform. Based on its findings, the Government intends to set out proposals for further adaptations of the pension system to ensure its sustainability beyond 2020. |
| --- | --- |

(9)

As a result of the implementation of the December 2012 pension reform monthly numbers of new old-age pensioners indicate a moderation in their growth. However, the assessment of implementation of the second Council recommendation about strengthening the long-term sustainability of the pension system would be premature. A working group composed of members from academia and public administration is assessing the implications of the reform. Based on its findings, the Government intends to set out proposals for further adaptations of the pension system to ensure its sustainability beyond 2020.

| (10) | To further tackle increasing ageing costs, the Government approved a blueprint for an act on long-term care and personal assistance introducing a new insurance-based system. The adoption of the new act is foreseen in the first half of 2014. The funding of the compulsory insurance-based system has to be clarified, but it will likely be based on compulsory contributions from the active and inactive population and should not increase the overall social security contributions rate. |
| --- | --- |

(10)

To further tackle increasing ageing costs, the Government approved a blueprint for an act on long-term care and personal assistance introducing a new insurance-based system. The adoption of the new act is foreseen in the first half of 2014. The funding of the compulsory insurance-based system has to be clarified, but it will likely be based on compulsory contributions from the active and inactive population and should not increase the overall social security contributions rate.

| (11) | Over the last months, Slovenia has stepped up the pace of non-fiscal structural reforms relevant for the adjustment of macroeconomic imbalances. Crucial progress is being achieved in the area of the banking sector. Nevertheless, the key reforms supporting adjustment and growth are still in preparation and substantially delayed, in particular out-of-court corporate restructuring and adoption of the classification of State-owned assets. |
| --- | --- |

(11)

Over the last months, Slovenia has stepped up the pace of non-fiscal structural reforms relevant for the adjustment of macroeconomic imbalances. Crucial progress is being achieved in the area of the banking sector. Nevertheless, the key reforms supporting adjustment and growth are still in preparation and substantially delayed, in particular out-of-court corporate restructuring and adoption of the classification of State-owned assets.

| (12) | Implementation of measures to stabilise the banking sector is ongoing, in particular a thorough asset quality review and stress tests covering almost 70 % of the banking sector are being conducted and due to be completed before end-2013. Such an assessment is expected to be followed by a comprehensive strategy of restructuring, consolidation and recapitalisation of the banking sector, which would also include plans for disinvestment of direct and indirect public sector participations in domestic banks. Such disinvestment would significantly reduce the risk of a reappearance of contingent liabilities in coming years. |
| --- | --- |

(12)

Implementation of measures to stabilise the banking sector is ongoing, in particular a thorough asset quality review and stress tests covering almost 70 % of the banking sector are being conducted and due to be completed before end-2013. Such an assessment is expected to be followed by a comprehensive strategy of restructuring, consolidation and recapitalisation of the banking sector, which would also include plans for disinvestment of direct and indirect public sector participations in domestic banks. Such disinvestment would significantly reduce the risk of a reappearance of contingent liabilities in coming years.

| (13) | The ongoing reform of the Slovenia Sovereign Holding Law, if well designed and thoroughly implemented, including swift progress with the privatisation of certain SOEs, could, on the one hand, generate revenues and reduce contingent liabilities of the general government and, on the other hand, contribute to an improved and more efficient strategic management of State-owned assets, in particular regarding the possibilities of attracting foreign investors, |
| --- | --- |

(13)

The ongoing reform of the Slovenia Sovereign Holding Law, if well designed and thoroughly implemented, including swift progress with the privatisation of certain SOEs, could, on the one hand, generate revenues and reduce contingent liabilities of the general government and, on the other hand, contribute to an improved and more efficient strategic management of State-owned assets, in particular regarding the possibilities of attracting foreign investors,

HAS ADOPTED THIS OPINION:

The Economic Partnership Programme of Slovenia presented to the Commission and to the Council on 1 October 2013 includes a set of fiscal structural reforms that is partly adequate to support an effective and lasting correction of the excessive deficit and needs to be properly and comprehensively implemented to deliver the expected results. Specifically, the economic partnership programme illustrates some progress in meeting the commitments from Slovenia's Stability Programme and National Reform Programme concerning tax reform, the strengthening of tax compliance and of fiscal governance as well as the repair of the banking sector. The restructuring of the banking and corporate sector and the consolidation strategy following the release of the asset quality review and stress tests for the banks are key in delivering confidence and attracting foreign investors in Slovenia, including in sovereign bonds. Work on possible further adaptations of the pension system has only recently started and information on envisaged concrete measures and timelines in this field is not available. In general, nearly all reforms are work in progress which makes their swift adoption and full implementation of key importance. Slovenia is therefore invited to give further details on the information provided and to provide additional information on the envisaged reforms in the upcoming National Reform Programme and Stability Programme, the full assessment of which will be conducted by the Commission and the Council in the context of the European Semester.

Done at Brussels, 10 December 2013.

For the Council

The President

R. ŠADŽIUS

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(1)  OJ L 140, 27.5.2013, p. 11.

1

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 17.12.2013 | EN | Official Journal of the European Union | C 368/9 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/9

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 368/04

| Date of adoption of the decision | 1.10.2013 |
| --- | --- |
| Reference number of State Aid | SA.37259 (13/N) |
| Member State | Germany |
| Region | Nordrhein-Westfalen | — |
| Title (and/or name of the beneficiary) | Richtlinie über die Gewährung von Zuwendungen für Forschung, Innovation und Technologie des Landes NRW |
| Legal basis | Richtlinie über die Gewährung von Zuwendungen für Forschung, Innovation und Technologie des Landes Nordrhein-Westfalen (FIT) |
| Type of measure | Scheme | — |
| Objective | Research and development |
| Form of aid | Direct grant |
| Budget | | Overall budget: EUR 1 080 million |

Date of adoption of the decision

1.10.2013

Reference number of State Aid

SA.37259 (13/N)

Member State

Germany

Region

Nordrhein-Westfalen

—

Title (and/or name of the beneficiary)

Richtlinie über die Gewährung von Zuwendungen für Forschung, Innovation und Technologie des Landes NRW

Legal basis

Richtlinie über die Gewährung von Zuwendungen für Forschung, Innovation und Technologie des Landes Nordrhein-Westfalen (FIT)

Type of measure

Scheme

—

Objective

Research and development

Form of aid

Direct grant

Budget

Overall budget: EUR 1 080 million

| | Annual budget: EUR 120 million |
| --- | --- |

Annual budget: EUR 120 million

Intensity

100 %

Duration (period)

Until 31.12.2016

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

| Projektträger Jülich |
| --- |
| Wihelm-Johnen-Strasse |
| 52425 Jülich |
| DEUTSCHLAND |

Projektträger Jülich

Wihelm-Johnen-Strasse

52425 Jülich

DEUTSCHLAND

| NRW.Bank |
| --- |
| Johanniterstrasse 3 |
| 48145 Münster |
| DEUTSCHLAND |

NRW.Bank

Johanniterstrasse 3

48145 Münster

DEUTSCHLAND

| Staatskanzlei NRW |
| --- |
| Stadttor 1 |
| 40219 Düsseldorf |
| DEUTSCHLAND |

Staatskanzlei NRW

Stadttor 1

40219 Düsseldorf

DEUTSCHLAND

Other information

—

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

http://ec.europa.eu/competition/elojade/isef/index.cfm

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| 17.12.2013 | EN | Official Journal of the European Union | C 368/11 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/11

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 368/05

| Date of adoption of the decision | 31.10.2013 |
| --- | --- |
| Reference number of State Aid | SA.37484 (13/N) |
| Member State | Poland |
| Region | Poland | Article 107(3)(a) |
| Title (and/or name of the beneficiary) | Przedłużenie mapy pomocy regionalnej na lata 2007–2013 do dnia 30 czerwca 2014 r. |
| Legal basis | Projekt rozporządzenia Rady Ministrów zmieniającego rozporządzenie w sprawie ustalenia mapy pomocy regionalnej |
| Type of measure | Scheme | — |
| Objective | Regional development |
| Form of aid | Other — The notification refers to the prolongation of the existing regional aid map. All forms of aid are possible. |
| Budget | — |
| Intensity | — |
| Duration (period) | 31.12.2013-30.6.2014 |
| Economic sectors | All economic sectors eligible to receive aid |
| Name and address of the granting authority | Polska/Poland |
| Other information | — |

Date of adoption of the decision

31.10.2013

Reference number of State Aid

SA.37484 (13/N)

Member State

Poland

Region

Poland

Article 107(3)(a)

Title (and/or name of the beneficiary)

Przedłużenie mapy pomocy regionalnej na lata 2007–2013 do dnia 30 czerwca 2014 r.

Legal basis

Projekt rozporządzenia Rady Ministrów zmieniającego rozporządzenie w sprawie ustalenia mapy pomocy regionalnej

Type of measure

Scheme

—

Objective

Regional development

Form of aid

Other — The notification refers to the prolongation of the existing regional aid map. All forms of aid are possible.

Budget

—

Intensity

—

Duration (period)

31.12.2013-30.6.2014

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

Polska/Poland

Other information

—

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

http://ec.europa.eu/competition/elojade/isef/index.cfm

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| 17.12.2013 | EN | Official Journal of the European Union | C 368/12 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/12

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Non-opposition to a notified concentration

(Case COMP/M.7016 — MHI/MH Power Systems)

(Text with EEA relevance)

2013/C 368/06

On 6 December 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7016. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7016. EUR-Lex is the online access to the European law.

---

| 17.12.2013 | EN | Official Journal of the European Union | C 368/12 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/12

---

Non-opposition to a notified concentration

(Case COMP/M.7073 — KKR/Arle Capital/Hilding Anders)

(Text with EEA relevance)

2013/C 368/07

On 11 December 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7073. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7073. EUR-Lex is the online access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 17.12.2013 | EN | Official Journal of the European Union | C 368/13 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/13

---

Euro exchange rates (1)

16 December 2013

2013/C 368/08

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3776 |
| JPY | Japanese yen | 141,87 |
| DKK | Danish krone | 7,4605 |
| GBP | Pound sterling | 0,84385 |
| SEK | Swedish krona | 9,0266 |
| CHF | Swiss franc | 1,2212 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,4345 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,600 |
| HUF | Hungarian forint | 299,77 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7029 |
| PLN | Polish zloty | 4,1758 |
| RON | Romanian leu | 4,4570 |
| TRY | Turkish lira | 2,7970 |
| AUD | Australian dollar | 1,5400 |
| CAD | Canadian dollar | 1,4579 |
| HKD | Hong Kong dollar | 10,6815 |
| NZD | New Zealand dollar | 1,6673 |
| SGD | Singapore dollar | 1,7293 |
| KRW | South Korean won | 1 450,66 |
| ZAR | South African rand | 14,2072 |
| CNY | Chinese yuan renminbi | 8,3651 |
| HRK | Croatian kuna | 7,6293 |
| IDR | Indonesian rupiah | 16 507,61 |
| MYR | Malaysian ringgit | 4,4626 |
| PHP | Philippine peso | 60,700 |
| RUB | Russian rouble | 45,2905 |
| THB | Thai baht | 44,125 |
| BRL | Brazilian real | 3,2091 |
| MXN | Mexican peso | 17,8013 |
| INR | Indian rupee | 85,0670 |

Currency

Exchange rate

USD

US dollar

1,3776

JPY

Japanese yen

141,87

DKK

Danish krone

7,4605

GBP

Pound sterling

0,84385

SEK

Swedish krona

9,0266

CHF

Swiss franc

1,2212

ISK

Iceland króna

NOK

Norwegian krone

8,4345

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,600

HUF

Hungarian forint

299,77

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7029

PLN

Polish zloty

4,1758

RON

Romanian leu

4,4570

TRY

Turkish lira

2,7970

AUD

Australian dollar

1,5400

CAD

Canadian dollar

1,4579

HKD

Hong Kong dollar

10,6815

NZD

New Zealand dollar

1,6673

SGD

Singapore dollar

1,7293

KRW

South Korean won

1 450,66

ZAR

South African rand

14,2072

CNY

Chinese yuan renminbi

8,3651

HRK

Croatian kuna

7,6293

IDR

Indonesian rupiah

16 507,61

MYR

Malaysian ringgit

4,4626

PHP

Philippine peso

60,700

RUB

Russian rouble

45,2905

THB

Thai baht

44,125

BRL

Brazilian real

3,2091

MXN

Mexican peso

17,8013

INR

Indian rupee

85,0670

---

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

---

European Ombudsman

| 17.12.2013 | EN | Official Journal of the European Union | C 368/14 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/14

---

Annual Report 2012

2013/C 368/09

On 12 September 2013, the European Ombudsman presented his Annual Report for the year 2012 to the European Parliament.

The Annual Report as well as a shorter version are available on the European Ombudsman's website in all 24 official languages (http://www.ombudsman.europa.eu).

Paper copies of these publications can be requested free of charge from the European Ombudsman's office:

| 1 avenue du Président Robert Schuman |
| --- |
| CS 30403 |
| 67001 Strasbourg Cedex |
| FRANCE |
| Tel. +33 388172313 |
| Fax +33 388179062 |
| E-mail: eo@ombudsman.europa.eu |

1 avenue du Président Robert Schuman

CS 30403

67001 Strasbourg Cedex

FRANCE

Tel. +33 388172313

Fax +33 388179062

E-mail: eo@ombudsman.europa.eu

---

| 17.12.2013 | EN | Official Journal of the European Union | C 368/15 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/15

---

Special report to the European Parliament made in accordance with Article 3(7) of the Statute of the European Ombudsman (1)

2013/C 368/10

The European Ombudsman addressed one special report to the European Parliament in 2013:

Special Report of 12 November 2013 following the European Ombudsman's own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex.

The text of the special report is available on the European Ombudsman's website (http://www.ombudsman.europa.eu).

Paper copies can be requested free of charge from the European Ombudsman's office:

| 1 avenue du Président Robert Schuman |
| --- |
| CS 30403 |
| 67001 Strasbourg Cedex |
| FRANCE |
| Tel. +33 388172313 |
| Fax +33 388179062 |
| E-mail: eo@ombudsman.europa.eu |

1 avenue du Président Robert Schuman

CS 30403

67001 Strasbourg Cedex

FRANCE

Tel. +33 388172313

Fax +33 388179062

E-mail: eo@ombudsman.europa.eu

---

(1)  Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (OJ L 113, 4.5.1994, p. 15).

---

NOTICES FROM MEMBER STATES

| 17.12.2013 | EN | Official Journal of the European Union | C 368/16 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/16

---

Information communicated by Member States regarding closure of fisheries

2013/C 368/11

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

| Date and time of closure | 21.11.2013 |
| --- | --- |
| Duration | 21.11.2013-31.12.2013 |
| Member State | Spain |
| Stock or group of stocks | BUM/ATLANT |
| Species | Blue marlin (Makaira nigricans) |
| Zone | Atlantic Ocean |
| Type(s) of fishing vessels | — |
| Reference number | 72/TQ40 |

Date and time of closure

21.11.2013

Duration

21.11.2013-31.12.2013

Member State

Spain

Stock or group of stocks

BUM/ATLANT

Species

Blue marlin (Makaira nigricans)

Zone

Atlantic Ocean

Type(s) of fishing vessels

—

Reference number

72/TQ40

---

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

---

| 17.12.2013 | EN | Official Journal of the European Union | C 368/16 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/16

---

Information communicated by Member States regarding closure of fisheries

2013/C 368/12

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

| Date and time of closure | 27.11.2013 |
| --- | --- |
| Duration | 27.11.2013-31.12.2013 |
| Member State | United Kingdom |
| Stock or group of stocks | MAC/*4A |
| Species | Mackerel (Scomber scombrus) |
| Zone | IVa |
| Type(s) of fishing vessels | — |
| Reference number | 73/TQ40 |

Date and time of closure

27.11.2013

Duration

27.11.2013-31.12.2013

Member State

United Kingdom

Stock or group of stocks

MAC/*4A

Species

Mackerel (Scomber scombrus)

Zone

IVa

Type(s) of fishing vessels

—

Reference number

73/TQ40

---

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

---

| 17.12.2013 | EN | Official Journal of the European Union | C 368/17 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/17

---

Information communicated by Member States regarding closure of fisheries

2013/C 368/13

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

| Date and time of closure | 27.11.2013 |
| --- | --- |
| Duration | 27.11.2013-31.12.2013 |
| Member State | United Kingdom |
| Stock or group of stocks | PLE/7FG. |
| Species | Plaice (Pleuronectes platessa) |
| Zone | VIIf and VIIg |
| Type(s) of fishing vessels | — |
| Reference number | 78/TQ39 |

Date and time of closure

27.11.2013

Duration

27.11.2013-31.12.2013

Member State

United Kingdom

Stock or group of stocks

PLE/7FG.

Species

Plaice (Pleuronectes platessa)

Zone

VIIf and VIIg

Type(s) of fishing vessels

—

Reference number

78/TQ39

---

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

---

| 17.12.2013 | EN | Official Journal of the European Union | C 368/17 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/17

---

Information communicated by Member States regarding closure of fisheries

2013/C 368/14

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

| Date and time of closure | 27.11.2013 |
| --- | --- |
| Duration | 27.11.2013-31.12.2013 |
| Member State | United Kingdom |
| Stock or group of stocks | MAC/*3A4BC |
| Species | Mackerel (Scomber scombrus) |
| Zone | IIIa and IVbc |
| Type(s) of fishing vessels | — |
| Reference number | 74/TQ40 |

Date and time of closure

27.11.2013

Duration

27.11.2013-31.12.2013

Member State

United Kingdom

Stock or group of stocks

MAC/*3A4BC

Species

Mackerel (Scomber scombrus)

Zone

IIIa and IVbc

Type(s) of fishing vessels

—

Reference number

74/TQ40

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 17.12.2013 | EN | Official Journal of the European Union | C 368/18 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/18

---

Prior notification of a concentration

(Case COMP/M.7113 — PPF Group/Telefónica Czech Republic/Telefónica Slovakia)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 368/15

| 1. | On 9 December 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking PPF Group N.V. (‘PPF’, the Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Telefónica Czech Republic a.s. (‘Telefónica CZ’, Czech Republic) and its fully-owned subsidiary Telefónica Slovakia s.r.o (‘Telefónica SK’, Slovakia), by way of purchase of shares. |
| --- | --- |

1.

On 9 December 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking PPF Group N.V. (‘PPF’, the Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Telefónica Czech Republic a.s. (‘Telefónica CZ’, Czech Republic) and its fully-owned subsidiary Telefónica Slovakia s.r.o (‘Telefónica SK’, Slovakia), by way of purchase of shares.

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






  — | for PPF: finance and investment group active in the sectors of banking and investments, consultancy, real estate, energy, mining and retail of consumer electronics with a focus on Central and Eastern Europe and Asia, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for PPF: finance and investment group active in the sectors of banking and investments, consultancy, real estate, energy, mining and retail of consumer electronics with a focus on Central and Eastern Europe and Asia,

| — | for Telefónica CZ: fixed and mobile telecommunication and related services in the Czech Republic, |
| --- | --- |

—

for Telefónica CZ: fixed and mobile telecommunication and related services in the Czech Republic,

| — | for Telefónica SK: mobile telecommunication and related services in Slovakia. |
| --- | --- |

—

for Telefónica SK: mobile telecommunication and related services in Slovakia.

| 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.7113 — PPF Group/Telefónica Czech Republic/Telefónica Slovakia, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7113 — PPF Group/Telefónica Czech Republic/Telefónica Slovakia, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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’).

---

| 17.12.2013 | EN | Official Journal of the European Union | C 368/19 |
| --- | --- | --- | --- |

17.12.2013

EN

Official Journal of the European Union

C 368/19

---

Prior notification of a concentration

(Case COMP/M.7006 — OAO Lukoil/Lubricant Business OMV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 368/16

| 1. | On 9 December 2013, the Commission received a notification of a proposed concentration pursuant to Article 4, following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1), by which the undertaking OAO Lukoil (Russian Federation) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control part(s) of the undertaking OMV Aktiengesellschaft (Austria) by way of purchase of assets. |
| --- | --- |

1.

On 9 December 2013, the Commission received a notification of a proposed concentration pursuant to Article 4, following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1), by which the undertaking OAO Lukoil (Russian Federation) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control part(s) of the undertaking OMV Aktiengesellschaft (Austria) by way of purchase of assets.

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






  — | for undertaking OAO Lukoil: exploration, development and production of oil and gas and the refining, production and marketing of crude oil and petroleum products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking OAO Lukoil: exploration, development and production of oil and gas and the refining, production and marketing of crude oil and petroleum products,

| — | for the transferred assets of OMV Aktiengesellschaft: the production and distribution of automotive and industrial lubricants to non retail customers. |
| --- | --- |

—

for the transferred assets of OMV Aktiengesellschaft: the production and distribution of automotive and industrial lubricants to non retail customers.

| 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.7006 — OAO Lukoil/Lubricant Business OMV, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7006 — OAO Lukoil/Lubricant Business OMV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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’).

---