# Official Journal C 94/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 94 |
| | |
| English edition | Information and Notices | Volume 5116 April 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 94

English edition

Information and Notices

Volume 5116 April 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 094/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2008/C 094/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 2 |
| 2008/C 094/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 6 |
| 2008/C 094/04 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 10 |
| 2008/C 094/05 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 12 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 094/01

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

1

1

2008/C 094/02

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

2

2008/C 094/03

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

6

2008/C 094/04

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

1

10

2008/C 094/05

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

12

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 094/06 | Euro exchange rates | 16 |
| 2008/C 094/07 | Opinion of the Advisory Committee on Mergers given at its meeting of 17 September 2007 relating a draft decision relating to Case COMP/M.3333 — Sony/BMG — Rapporteur: Denmark | 17 |
| 2008/C 094/08 | Final report of the Hearing Officer in Case COMP/M.3333 — Sony/BMG (Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21) | 18 |
| 2008/C 094/09 | Summary of Commission Decision of 3 October 2007 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3333 — Sony/BMG) (
  1
  ) | 19 |
| | NOTICES FROM MEMBER STATES |
| 2008/C 094/10 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid (
  1
  ) | 29 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 094/06

Euro exchange rates

16

2008/C 094/07

Opinion of the Advisory Committee on Mergers given at its meeting of 17 September 2007 relating a draft decision relating to Case COMP/M.3333 — Sony/BMG — Rapporteur: Denmark

17

2008/C 094/08

Final report of the Hearing Officer in Case COMP/M.3333 — Sony/BMG (Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

18

2008/C 094/09

Summary of Commission Decision of 3 October 2007 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3333 — Sony/BMG) (
  1
  )

1

19

NOTICES FROM MEMBER STATES

2008/C 094/10

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid (
  1
  )

1

29

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2008/C 094/11 | Prior notification of a concentration (Case COMP/M.5123 — Autogrill/World Duty Free) (
  1
  ) | 30 |
| 2008/C 094/12 | Prior notification of a concentration (Case COMP/M.5099 — Arrow Electronics/Logix) (
  1
  ) | 31 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2008/C 094/11

Prior notification of a concentration (Case COMP/M.5123 — Autogrill/World Duty Free) (
  1
  )

1

30

2008/C 094/12

Prior notification of a concentration (Case COMP/M.5099 — Arrow Electronics/Logix) (
  1
  )

1

31

| | |
| --- | --- |
| 2008/C 094/13 | Notice | s3 |

2008/C 094/13

Notice

Notice

s3

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 16.4.2008 | EN | Official Journal of the European Union | C 94/1 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/1

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 94/01)

| Date of adoption of the decision | 22.2.2008 |
| --- | --- |
| Reference number of the aid | N 778/07 |
| Member State | Spain |
| Region | País Vasco |
| Title (and/or name of the beneficiary) | Ayuda a actividades culturales de carácter supramunicipal |
| Legal basis | Orden de 19 de diciembre de 2007, de la Consejera de Cultura, por la que se regula la concesión de subvenciones para la realización, durante el ejercicio 2008, de programas o actividades culturales particulares de carácter supramunicipal. |
| Type of measure | Aid scheme |
| Objective | Culture |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 0,725 million
  Overall budget: EUR 0,725 million |
| Intensity | 70 % |
| Duration | Until 31.12.2008 |
| Economic sectors | Recreational, cultural sporting activities |
| Name and address of the granting authority | Departamento de Cultura del Gobierno Vasco |
| C/ Donostia, 1 |
| E-01010 Vitoria-Gasteiz |

Date of adoption of the decision

22.2.2008

Reference number of the aid

N 778/07

Member State

Spain

Region

País Vasco

Title (and/or name of the beneficiary)

Ayuda a actividades culturales de carácter supramunicipal

Legal basis

Orden de 19 de diciembre de 2007, de la Consejera de Cultura, por la que se regula la concesión de subvenciones para la realización, durante el ejercicio 2008, de programas o actividades culturales particulares de carácter supramunicipal.

Type of measure

Aid scheme

Objective

Culture

Form of aid

Direct grant

Budget

Annual budget: EUR 0,725 million

Overall budget: EUR 0,725 million

Intensity

70 %

Duration

Until 31.12.2008

Economic sectors

Recreational, cultural sporting activities

Name and address of the granting authority

Departamento de Cultura del Gobierno Vasco

C/ Donostia, 1

E-01010 Vitoria-Gasteiz

Other information

—

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

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

---

| 16.4.2008 | EN | Official Journal of the European Union | C 94/2 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/2

---

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

Cases where the Commission raises no objections

(2008/C 94/02)

| Date of adoption of the decision | 15.10.2007 |
| --- | --- |
| Reference number of the aid | NN 117/02 ex N 268/01 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Tijdelijke compensatie voor de kosten als gevolg van de verplichte BSE-test voor runderen |
| Legal basis | Artikel 73 van de Veewet en artikel 26a van de Vleeskeuringswet en de Regeling tarieven voor de inspectie van vlees en vleesproducten 1993 |
| Type of measure | Temporary compensation for the costs of testing on TSE |
| Objective | Prevention of TSE, in accordance with Regulation (EC) No 2777/2000, Decision 2000/773/EC, Decision 2000/674/EC and Decision 2001/8/EC. Temporary digressive contribution to the costs of the testing on TSE in 2001 (100 % to 30 %) And compensation for the sampling of carcasses of fallen stock in and after 2001. In 2002 the costs for the testing of bovines on BSE was no longer compensated |
| Form of aid | Compensation off the testing costs |
| Budget | 2001: approximately EUR 31 million
  2002 and onwards: maximum EUR 3,2 million per year |
| Intensity | 1 January 2001-31 March 2001: 100 %, 1 April 2001-31 December 2001: approximately 30 %
  2002 and onwards: 100 % for the sampling of carcases and transport of the samples |
| Duration | BSE testing: 1 January 2001-31 December 2001
  Sampling of carcases and transport of the samples: 2002 and onwards |
| Economic sectors | Agriculture — Bovine sector |
| Name and address of the granting authority | Ministerie van LNV |
| Postbus 20401 |
| 2500 EK Den Haag |
| Nederland |

Date of adoption of the decision

15.10.2007

Reference number of the aid

NN 117/02 ex N 268/01

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Tijdelijke compensatie voor de kosten als gevolg van de verplichte BSE-test voor runderen

Legal basis

Artikel 73 van de Veewet en artikel 26a van de Vleeskeuringswet en de Regeling tarieven voor de inspectie van vlees en vleesproducten 1993

Type of measure

Temporary compensation for the costs of testing on TSE

Objective

Prevention of TSE, in accordance with Regulation (EC) No 2777/2000, Decision 2000/773/EC, Decision 2000/674/EC and Decision 2001/8/EC. Temporary digressive contribution to the costs of the testing on TSE in 2001 (100 % to 30 %) And compensation for the sampling of carcasses of fallen stock in and after 2001. In 2002 the costs for the testing of bovines on BSE was no longer compensated

Form of aid

Compensation off the testing costs

Budget

2001: approximately EUR 31 million

2002 and onwards: maximum EUR 3,2 million per year

Intensity

1 January 2001-31 March 2001: 100 %, 1 April 2001-31 December 2001: approximately 30 %

2002 and onwards: 100 % for the sampling of carcases and transport of the samples

Duration

BSE testing: 1 January 2001-31 December 2001

Sampling of carcases and transport of the samples: 2002 and onwards

Economic sectors

Agriculture — Bovine sector

Name and address of the granting authority

Ministerie van LNV

Postbus 20401

2500 EK Den Haag

Nederland

Other information

—

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

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

| Date of adoption of the decision | 16.11.2007 |
| --- | --- |
| Reference number of the aid | N 18/07 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Wijziging van steunmaatregel N 429/03, aanpassing van de heffing van het productschap pluimvee en eieren ten behoeve van het veeziektenfonds, pluimvee sector |
| Legal basis | Wet op de bedrijfsorganisaties (artikel 126), Instellingsbesluit Productschap Pluimvee en Eieren (artikelen 6 en 8), Verordening bestemmingsheffingen veeziektenfonds (PPE) 2006, Verordening tot wijziging van de verordening bestemmingsheffingen veeziektenfonds (PPE) 2006 (2006-I) |
| Type of measure | Aid scheme, adjustment of a parafiscal levy approved under N 429/03, N 528/02 and N 700/2000 for the prevention and eradication of animal diseases |
| Objective | This aid measure changes the approved measures for the prevention and eradication of poultry diseases in accordance with a request from the poultry sector to change the basis of the levy for the research and development and the animal health care fund to obtain a more equal division of the levy throughout the poultry sector |
| Form of aid | Parafiscal levy, aid for the prevention and eradication of animal diseases |
| Budget | EUR 18 million. The maximum budget depends on the true made costs for prevention and eradication of animal diseases in the poultry sector. The parafiscal levy entails a maximum to be able to finance the necessary measures; the true expenditure and thus the levy that is enforced can be lower |
| Intensity | Maximum 100 % |
| Duration | The adjustment is applicable for the period 2007-2010. The duration of the aid schemes notified under N 429/03, N 528/02 and N 700/2000 remains the same |
| Economic sectors | Agriculture, poultry and egg sector |
| Name and address of the granting authority | Productschap voor Pluimvee en Eieren |
| Postbus 4600 |
| 2700 AL Zoetermeer |
| Nederland |

Date of adoption of the decision

16.11.2007

Reference number of the aid

N 18/07

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Wijziging van steunmaatregel N 429/03, aanpassing van de heffing van het productschap pluimvee en eieren ten behoeve van het veeziektenfonds, pluimvee sector

Legal basis

Wet op de bedrijfsorganisaties (artikel 126), Instellingsbesluit Productschap Pluimvee en Eieren (artikelen 6 en 8), Verordening bestemmingsheffingen veeziektenfonds (PPE) 2006, Verordening tot wijziging van de verordening bestemmingsheffingen veeziektenfonds (PPE) 2006 (2006-I)

Type of measure

Aid scheme, adjustment of a parafiscal levy approved under N 429/03, N 528/02 and N 700/2000 for the prevention and eradication of animal diseases

Objective

This aid measure changes the approved measures for the prevention and eradication of poultry diseases in accordance with a request from the poultry sector to change the basis of the levy for the research and development and the animal health care fund to obtain a more equal division of the levy throughout the poultry sector

Form of aid

Parafiscal levy, aid for the prevention and eradication of animal diseases

Budget

EUR 18 million. The maximum budget depends on the true made costs for prevention and eradication of animal diseases in the poultry sector. The parafiscal levy entails a maximum to be able to finance the necessary measures; the true expenditure and thus the levy that is enforced can be lower

Intensity

Maximum 100 %

Duration

The adjustment is applicable for the period 2007-2010. The duration of the aid schemes notified under N 429/03, N 528/02 and N 700/2000 remains the same

Economic sectors

Agriculture, poultry and egg sector

Name and address of the granting authority

Productschap voor Pluimvee en Eieren

Postbus 4600

2700 AL Zoetermeer

Nederland

Other information

—

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

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

| Date of adoption of the decision | 15.10.2007 |
| --- | --- |
| Reference number of the aid | N 162/07 |
| Member State | Ireland |
| Region | — |
| Title (and/or name of the beneficiary) | Forest Management Scheme |
| Legal basis | National Development Plan 2007-2013
  Ireland's National Rural Development Strategy 2007-2013 |
| Type of measure | Aid scheme |
| Objective | Aid to the forest sector |
| Form of aid | Direct grants |
| Budget | Total budget of EUR 44,68 million |
| Intensity | — |
| Duration | 31.12.2013 |
| Economic sectors | Forestry |
| Name and address of the granting authority | Department of Agriculture and Food |
| Agriculture House, Kildare Street |
| Dublin 2 |
| Ireland |

Date of adoption of the decision

15.10.2007

Reference number of the aid

N 162/07

Member State

Ireland

Region

—

Title (and/or name of the beneficiary)

Forest Management Scheme

Legal basis

National Development Plan 2007-2013

Ireland's National Rural Development Strategy 2007-2013

Type of measure

Aid scheme

Objective

Aid to the forest sector

Form of aid

Direct grants

Budget

Total budget of EUR 44,68 million

Intensity

—

Duration

31.12.2013

Economic sectors

Forestry

Name and address of the granting authority

Department of Agriculture and Food

Agriculture House, Kildare Street

Dublin 2

Ireland

Other information

—

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

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

| Date of adoption of the decision | 10.10.2007 |
| --- | --- |
| Reference number of the aid | N 338/07 |
| Member State | United Kingdom |
| Region | — |
| Title (and/or name of the beneficiary) | Agricultural and Horticultural Development Board — Quality Products |
| Legal basis | Sections 87, 88, 89, 90, 91, 93, 94, 96 and 97 of the Natural Environment & Rural Communities Act 2006
  (Proposal) The [Levy Board UK] Order 2007
  Part I, section 5 (2)(a) of the Regional Development Agencies Act 1998
  Chapter 35, Part I, section 4 of the Enterprise and New Towns (Scotland) Act 1990 |
| Type of measure | Scheme |
| Objective | Encouraging the development of quality products |
| Form of aid | Provision of services on preferential terms |
| Budget | GBP 132 million (EUR 195,4 million) |
| Intensity | Up to 100 % |
| Duration | 1 April 2008 until 31 March 2014 |
| Economic sectors | Agriculture |
| Name and address of the granting authority | Levy Board UK |
| c/o Department for Environment, Food and Rural Affairs |
| Area 5C |
| Millbank |
| c/o Nobel House |
| London SW1P 3JR |
| United Kingdom |

Date of adoption of the decision

10.10.2007

Reference number of the aid

N 338/07

Member State

United Kingdom

Region

—

Title (and/or name of the beneficiary)

Agricultural and Horticultural Development Board — Quality Products

Legal basis

Sections 87, 88, 89, 90, 91, 93, 94, 96 and 97 of the Natural Environment & Rural Communities Act 2006

(Proposal) The [Levy Board UK] Order 2007

Part I, section 5 (2)(a) of the Regional Development Agencies Act 1998

Chapter 35, Part I, section 4 of the Enterprise and New Towns (Scotland) Act 1990

Type of measure

Scheme

Objective

Encouraging the development of quality products

Form of aid

Provision of services on preferential terms

Budget

GBP 132 million (EUR 195,4 million)

Intensity

Up to 100 %

Duration

1 April 2008 until 31 March 2014

Economic sectors

Agriculture

Name and address of the granting authority

Levy Board UK

c/o Department for Environment, Food and Rural Affairs

Area 5C

Millbank

c/o Nobel House

London SW1P 3JR

United Kingdom

Other information

—

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

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

| Date of adoption of the decision | 19.12.2007 |
| --- | --- |
| Reference number of the aid | N 428/07 |
| Member State | Lithuania |
| Region | — |
| Title (and/or name of the beneficiary) | Valstybės pagalba gamintojų kooperacijai plėtoti |
| Legal basis | — | Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymas, 2002 m. birželio 25 d. Nr. IX – 987 (Žin., 2002, Nr. 72-3009) |

Date of adoption of the decision

19.12.2007

Reference number of the aid

N 428/07

Member State

Lithuania

Region

—

Title (and/or name of the beneficiary)

Valstybės pagalba gamintojų kooperacijai plėtoti

Legal basis

—

Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymas, 2002 m. birželio 25 d. Nr. IX – 987 (Žin., 2002, Nr. 72-3009)

| — | Lietuvos Respublikos kooperatinių bendrovių (kooperatyvų) įstatymas, 1993 m. birželio 1 d. Nr. I-164 (Žin., 1993, Nr. 20-488; 2002, Nr. 57-2296; 2004, Nr. 78-2709; 2007, Nr 64-2458) |
| --- | --- |

—

Lietuvos Respublikos kooperatinių bendrovių (kooperatyvų) įstatymas, 1993 m. birželio 1 d. Nr. I-164 (Žin., 1993, Nr. 20-488; 2002, Nr. 57-2296; 2004, Nr. 78-2709; 2007, Nr 64-2458)

Type of measure

Start-up aid for producer groups

Objective

Sectoral development

Form of aid

Direct grant

Budget

Total budget: LTL 22 000 000

Intensity

60 % of eligible costs

Duration

From the date of Commission approval until 30 June 2013

Economic sectors

Agricultural sector

Name and address of the granting authority

| Lietuvos Respublikos žemės ūkio ministerija |
| --- |
| Gedimino pr. 19 |
| LT-01103 Vilnius |

Lietuvos Respublikos žemės ūkio ministerija

Gedimino pr. 19

LT-01103 Vilnius

Other information

—

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

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

---

| 16.4.2008 | EN | Official Journal of the European Union | C 94/6 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/6

---

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

Cases where the Commission raises no objections

(2008/C 94/03)

| Date of adoption of the decision | 19.12.2007 |
| --- | --- |
| Reference number of the aid | N 123/07 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Aanpassing van de heffing ter financiering van onderzoek en ontwikkeling in de Pluimveesector en de preventie van Pluimveeziekten |
| Legal basis | Wet op de bedrijfsorganisaties (artikel 126), Instellingsbesluit Productschap Pluimvee en Eieren (artikelen 6 en 8), Verordening van het Productschap Pluimvee en Eieren betreffende algemene bepalingen voor heffingen 2006, Verordening van het Productschap Pluimvee en Eieren tot wijziging van de Verordening bestemmingsheffingen legsector 2006, Verordening van het Productschap Pluimvee en Eieren tot wijziging van de Verordening bestemmingsheffingen Pluimveevleessector (2006) (PPE-2006-I) |
| Type of measure | Adjustment of three specific parafiscal levies (earlier approved under N 451/98 and N 334/99) |
| Objective | The aid measure is changed in accordance with a request from the sector to change the basis of the levy for the research and development and the animal health care fund to obtain a more equal division of the levy throughout the poultry sector |
| Form of aid | Direct aid to research and development projects and compensation the prevention of animal diseases; Parafiscal levy |
| Budget | EUR 4 656 874 |
| Intensity | Maximum 100 % |
| Duration | 2007-2013 |
| Economic sectors | Agriculture: poultry and egg sector, research and development sector |
| Name and address of the granting authority | Productschap voor Pluimvee en Eieren |
| Postbus 4600 |
| 2700 AL Zoetermeer |
| Nederland |

Date of adoption of the decision

19.12.2007

Reference number of the aid

N 123/07

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Aanpassing van de heffing ter financiering van onderzoek en ontwikkeling in de Pluimveesector en de preventie van Pluimveeziekten

Legal basis

Wet op de bedrijfsorganisaties (artikel 126), Instellingsbesluit Productschap Pluimvee en Eieren (artikelen 6 en 8), Verordening van het Productschap Pluimvee en Eieren betreffende algemene bepalingen voor heffingen 2006, Verordening van het Productschap Pluimvee en Eieren tot wijziging van de Verordening bestemmingsheffingen legsector 2006, Verordening van het Productschap Pluimvee en Eieren tot wijziging van de Verordening bestemmingsheffingen Pluimveevleessector (2006) (PPE-2006-I)

Type of measure

Adjustment of three specific parafiscal levies (earlier approved under N 451/98 and N 334/99)

Objective

The aid measure is changed in accordance with a request from the sector to change the basis of the levy for the research and development and the animal health care fund to obtain a more equal division of the levy throughout the poultry sector

Form of aid

Direct aid to research and development projects and compensation the prevention of animal diseases; Parafiscal levy

Budget

EUR 4 656 874

Intensity

Maximum 100 %

Duration

2007-2013

Economic sectors

Agriculture: poultry and egg sector, research and development sector

Name and address of the granting authority

Productschap voor Pluimvee en Eieren

Postbus 4600

2700 AL Zoetermeer

Nederland

Other information

—

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

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

| Date of adoption of the decision | 14.11.2007 |
| --- | --- |
| Reference number of the aid | N 209/07 |
| Member State | Hungary |
| Region | — |
| Title (and/or name of the beneficiary) | Állatjóléti körülmények javítása — sertés ágazat |
| Legal basis | A földművelésügyi és vidékfejlesztési miniszter .../2007. ( ) FVM rendelet-tervezete a sertés ágazat támogatásáról |
| Type of measure | Aid scheme |
| Objective | Aid for animal welfare commitments in the pig sector |
| Form of aid | Direct grant |
| Budget | Annual expenditure: HUF 6 000 million
  Overall budget: HUF 39 000 million |
| Intensity | 100 % of eligible costs (additional costs and income foregone resulting from animal welfare commitments) |
| Duration | Until 31.12.2013 |
| Economic sectors | Agriculture |
| Name and address of the granting authority | Földművelésügyi és Vidékfejlesztési Minisztérium |
| Kossuth Lajos tér 11. |
| H-1055 Budapest |

Date of adoption of the decision

14.11.2007

Reference number of the aid

N 209/07

Member State

Hungary

Region

—

Title (and/or name of the beneficiary)

Állatjóléti körülmények javítása — sertés ágazat

Legal basis

A földművelésügyi és vidékfejlesztési miniszter .../2007. ( ) FVM rendelet-tervezete a sertés ágazat támogatásáról

Type of measure

Aid scheme

Objective

Aid for animal welfare commitments in the pig sector

Form of aid

Direct grant

Budget

Annual expenditure: HUF 6 000 million

Overall budget: HUF 39 000 million

Intensity

100 % of eligible costs (additional costs and income foregone resulting from animal welfare commitments)

Duration

Until 31.12.2013

Economic sectors

Agriculture

Name and address of the granting authority

Földművelésügyi és Vidékfejlesztési Minisztérium

Kossuth Lajos tér 11.

H-1055 Budapest

Other information

(in particular, commitments by the Member State and/or obligation to provide the Commission with a report on implementation)

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

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

| Date of adoption of the decision | 11.10.2007 |
| --- | --- |
| Reference number of the aid | N 488/07 |
| Member State | United Kingdom |
| Region | England, Scotland, Wales and Northern Ireland |
| Title (and/or name of the beneficiary) | TSE testing of sheep and goats fallen stock |
| Legal basis | Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as amended:






  — | The TSE (No 2) Regulations 2006 (SI 2006/1228). |

Date of adoption of the decision

11.10.2007

Reference number of the aid

N 488/07

Member State

United Kingdom

Region

England, Scotland, Wales and Northern Ireland

Title (and/or name of the beneficiary)

TSE testing of sheep and goats fallen stock

Legal basis

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as amended:

—

The TSE (No 2) Regulations 2006 (SI 2006/1228).

| — | The TSE (Scotland) Regulations 2006 (SSI 2006/530). |
| --- | --- |

—

The TSE (Scotland) Regulations 2006 (SSI 2006/530).

| — | The TSE (Wales) Regulations 2006 (SI 2006/1226) (W.117). |
| --- | --- |

—

The TSE (Wales) Regulations 2006 (SI 2006/1226) (W.117).

| — | TSE Regulations (Northern Ireland) 2006 (SI 2006/202) |
| --- | --- |

—

TSE Regulations (Northern Ireland) 2006 (SI 2006/202)

Type of measure

Aid scheme

Objective

Animal diseases

Form of aid

Subsidised service

Budget

Overall budget: GBP 22,4 million (approximately EUR 32,9 million)

Annual budget: GBP 3,2 million (approximately EUR 4,7 million)

Intensity

100 %

Duration

Extension from 1 March 2008 until 1 March 2014

Economic sectors

Agriculture

Name and address of the granting authority

| Defra |
| --- |
| 1A Page Street |
| Westminster |
| London SW1P 4PQ |
| United Kingdom |

Defra

1A Page Street

Westminster

London SW1P 4PQ

United Kingdom

Other information

—

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

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

| Date of adoption of the decision | 15.10.2007 |
| --- | --- |
| Reference number of the aid | N 489/07 |
| Member State | United Kingdom |
| Region | — |
| Title (and/or name of the beneficiary) | TSE testing of fallen cattle aged over 24 months |
| Legal basis | Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as amended:






  — | The TSE (No 2) Regulations 2006 (SI 2006/1228). |

Date of adoption of the decision

15.10.2007

Reference number of the aid

N 489/07

Member State

United Kingdom

Region

—

Title (and/or name of the beneficiary)

TSE testing of fallen cattle aged over 24 months

Legal basis

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as amended:

—

The TSE (No 2) Regulations 2006 (SI 2006/1228).

| — | The TSE (Scotland) Regulations 2006 (SSI 2006/530). |
| --- | --- |

—

The TSE (Scotland) Regulations 2006 (SSI 2006/530).

| — | The TSE (Wales) Regulations 2006 (SI 2006/1226) (W.117). |
| --- | --- |

—

The TSE (Wales) Regulations 2006 (SI 2006/1226) (W.117).

| — | TSE Regulations (Northern Ireland) 2006 (SI 2006/202) |
| --- | --- |

—

TSE Regulations (Northern Ireland) 2006 (SI 2006/202)

Type of measure

Aid scheme

Objective

Animal diseases

Form of aid

Grant

Budget

Annual budget: GBP 4,26 (EUR 6,28 million)

Intensity

Up to 100 %

Duration

Prolongation from 31 December 2008 until 1 March 2014

Economic sectors

Agriculture

Name and address of the granting authority

| Defra |
| --- |
| 1A Page Street |
| Westminster |
| London SW1P 4PQ |
| United Kingdom |

Defra

1A Page Street

Westminster

London SW1P 4PQ

United Kingdom

Other information

—

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

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

| Date of adoption of the decision | 4.12.2007 |
| --- | --- |
| Reference number of the aid | N 538/07 |
| Member State | Austria |
| Region | Niederösterreich |
| Title (and/or name of the beneficiary) | Beihilfen zur Behebung von Katastrophenschäden |
| Legal basis | Richtlinien für die Gewährung von Beihilfen zur Behebung von Katastrophenschäden des Landes Niederösterreich |
| Type of measure | Aid scheme |
| Objective | Compensation for damage due to natural disasters in 2007 |
| Form of aid | Subsidy |
| Budget | Estimated annual budget ca. EUR 70 000, as communicated in Case N 564a/04 |
| Intensity | 30 %, in particularly severe cases 50 %, of the eligible damage |
| Duration | One-off |
| Economic sectors | Annex I |
| Name and address of the granting authority | Amt der Niederösterreichischen Landesregierung |
| Gruppe Land- und Forstwirtschaft |
| Abteilung Landwirtschaftsförderung |
| Landhausplatz 1 |
| A-3109 St. Pölten |

Date of adoption of the decision

4.12.2007

Reference number of the aid

N 538/07

Member State

Austria

Region

Niederösterreich

Title (and/or name of the beneficiary)

Beihilfen zur Behebung von Katastrophenschäden

Legal basis

Richtlinien für die Gewährung von Beihilfen zur Behebung von Katastrophenschäden des Landes Niederösterreich

Type of measure

Aid scheme

Objective

Compensation for damage due to natural disasters in 2007

Form of aid

Subsidy

Budget

Estimated annual budget ca. EUR 70 000, as communicated in Case N 564a/04

Intensity

30 %, in particularly severe cases 50 %, of the eligible damage

Duration

One-off

Economic sectors

Annex I

Name and address of the granting authority

Amt der Niederösterreichischen Landesregierung

Gruppe Land- und Forstwirtschaft

Abteilung Landwirtschaftsförderung

Landhausplatz 1

A-3109 St. Pölten

Other information

—

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

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

---

| 16.4.2008 | EN | Official Journal of the European Union | C 94/10 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/10

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 94/04)

| Date of adoption of the decision | 5.3.2008 |
| --- | --- |
| Reference number of the aid | N 232/07 |
| Member State | Spain |
| Region | Valencia |
| Title (and/or name of the beneficiary) | Ayudas Públicas, Valencia, Proyecto de Régimen de Ayudas de la Generalitat de Valencia para el Fomento de los «Servicios» de I+D+i |
| Legal basis | — |
| Type of measure | Aid scheme |
| Objective | Research and development, Regional development |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 50 million
  Overall budget: EUR 350 million |
| Intensity | 100 % |
| Duration | 1.7.2007-31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | IMPIVA, Región Valencia |
| Other information | — |

Date of adoption of the decision

5.3.2008

Reference number of the aid

N 232/07

Member State

Spain

Region

Valencia

Title (and/or name of the beneficiary)

Ayudas Públicas, Valencia, Proyecto de Régimen de Ayudas de la Generalitat de Valencia para el Fomento de los «Servicios» de I+D+i

Legal basis

—

Type of measure

Aid scheme

Objective

Research and development, Regional development

Form of aid

Direct grant

Budget

Annual budget: EUR 50 million

Overall budget: EUR 350 million

Intensity

100 %

Duration

1.7.2007-31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

IMPIVA, Región Valencia

Other information

—

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

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

| Date of adoption of the decision | 8.1.2008 |
| --- | --- |
| Reference number of the aid | N 447/07 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Société Turbomeca |
| Legal basis | Décret 99-1060 du 16 décembre 1999 relatif aux subventions de l'État pour des projets d'investissement |
| Type of measure | Individual aid |
| Objective | Research and development |
| Form of aid | Reimbursable grant |
| Budget | Overall budget: EUR 30,5 million |
| Intensity | 40 % |
| Duration | 2007-2011 |
| Economic sectors | Manufacturing industry |
| Name and address of the granting authority | Direction des programmes aéronautiques et de la coopération (DPAC) |
| 50, rue Henry Farman |
| F-75720 Paris cedex 15 |

Date of adoption of the decision

8.1.2008

Reference number of the aid

N 447/07

Member State

France

Region

—

Title (and/or name of the beneficiary)

Société Turbomeca

Legal basis

Décret 99-1060 du 16 décembre 1999 relatif aux subventions de l'État pour des projets d'investissement

Type of measure

Individual aid

Objective

Research and development

Form of aid

Reimbursable grant

Budget

Overall budget: EUR 30,5 million

Intensity

40 %

Duration

2007-2011

Economic sectors

Manufacturing industry

Name and address of the granting authority

Direction des programmes aéronautiques et de la coopération (DPAC)

50, rue Henry Farman

F-75720 Paris cedex 15

Other information

—

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

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

| Date of adoption of the decision | 31.1.2008 |
| --- | --- |
| Reference number of the aid | N 474/07 |
| Member State | Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | GATE — Innovative Pilot Safety. Individuele O&O-steun aan THALES |
| Legal basis | Reglement van de Nederlandse Organisatie voor Wetenschappelijk Onderzoek; Regeling subsidieverlening NWO; Subsidieverleningbesluit in het kader van het Game Research for Training and Entertainment (GATE) project; — Subsidiebesluit van de Minister van OCW d.d. 30 november 2006, ref. BVH/BHO-2006/195243M |
| Type of measure | Individual aid |
| Objective | Research and development |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 0,1 million
  Overall budget: EUR 0,5 million |
| Intensity | 100 % |
| Duration | Until 31.12.2011 |
| Economic sectors | — |
| Name and address of the granting authority | NWO |
| Postbus 93138 |
| 2509 AC Den Haag |
| Nederland |

Date of adoption of the decision

31.1.2008

Reference number of the aid

N 474/07

Member State

Netherlands

Region

—

Title (and/or name of the beneficiary)

GATE — Innovative Pilot Safety. Individuele O&O-steun aan THALES

Legal basis

Reglement van de Nederlandse Organisatie voor Wetenschappelijk Onderzoek; Regeling subsidieverlening NWO; Subsidieverleningbesluit in het kader van het Game Research for Training and Entertainment (GATE) project; — Subsidiebesluit van de Minister van OCW d.d. 30 november 2006, ref. BVH/BHO-2006/195243M

Type of measure

Individual aid

Objective

Research and development

Form of aid

Direct grant

Budget

Annual budget: EUR 0,1 million

Overall budget: EUR 0,5 million

Intensity

100 %

Duration

Until 31.12.2011

Economic sectors

—

Name and address of the granting authority

NWO

Postbus 93138

2509 AC Den Haag

Nederland

Other information

—

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

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

---

| 16.4.2008 | EN | Official Journal of the European Union | C 94/12 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/12

---

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

Cases where the Commission raises no objections

(2008/C 94/05)

| Date of adoption of the decision | 24.1.2008 |
| --- | --- |
| Reference number of the aid | NN 105/02 ex N 579/01 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Tijdelijke bijdrage in de kosten van het vernietigen van risicomateriaal |
| Legal basis | Artikel 5, artikel 17 en artikel 21, lid 4, van de Destructiewet |
| Type of measure | Compensation: temporary and digressive aid for the costs of the transport, storage and destruction of animal products and slaughterhouse waste |
| Objective | Prevention of TSE, compensation was given for animal products — fallen stock and slaughterhouse waste — that had suddenly become valueless due to the BSE-crisis |
| Form of aid | Compensation off the destruction costs |
| Budget | 2001: EUR 97,4 million
  2002: EUR 26,9 million
  2003: EUR 15,4 million
  2004: EUR 18,58 million
  2005: EUR 17,5 million
  After 2005: maximum of EUR 20 million per year |
| Intensity | 2001 and 2002: 100 % for the transport and disposal of fallen stock and slaughterhouse waste
  2002 and 2003: maximum of 30 % for the transport of fallen stock, and a maximum of 80 % for the disposal of fallen stock
  2004 and onwards: maximum of 30 % for the transport of fallen stock, and a maximum of 75 % for the disposal of fallen stock |
| Duration | 2001 and onwards: with different compensations and intensities |
| Economic sectors | Agriculture — Bovine sector |
| Name and address of the granting authority | Ministerie van LNV |
| Postbus 20401 |
| 2500 EK Den Haag |
| Nederland |

Date of adoption of the decision

24.1.2008

Reference number of the aid

NN 105/02 ex N 579/01

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Tijdelijke bijdrage in de kosten van het vernietigen van risicomateriaal

Legal basis

Artikel 5, artikel 17 en artikel 21, lid 4, van de Destructiewet

Type of measure

Compensation: temporary and digressive aid for the costs of the transport, storage and destruction of animal products and slaughterhouse waste

Objective

Prevention of TSE, compensation was given for animal products — fallen stock and slaughterhouse waste — that had suddenly become valueless due to the BSE-crisis

Form of aid

Compensation off the destruction costs

Budget

2001: EUR 97,4 million

2002: EUR 26,9 million

2003: EUR 15,4 million

2004: EUR 18,58 million

2005: EUR 17,5 million

After 2005: maximum of EUR 20 million per year

Intensity

2001 and 2002: 100 % for the transport and disposal of fallen stock and slaughterhouse waste

2002 and 2003: maximum of 30 % for the transport of fallen stock, and a maximum of 80 % for the disposal of fallen stock

2004 and onwards: maximum of 30 % for the transport of fallen stock, and a maximum of 75 % for the disposal of fallen stock

Duration

2001 and onwards: with different compensations and intensities

Economic sectors

Agriculture — Bovine sector

Name and address of the granting authority

Ministerie van LNV

Postbus 20401

2500 EK Den Haag

Nederland

Other information

—

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

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

| Date of adoption of the decision | 29.10.2007 |
| --- | --- |
| Reference number of the aid | NN 46/07 ex N 391/07 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Boren naar aardwarmte in Zuid-Holland
  Glastuinbouwbedrijf A. en G. van den Bosch, in Bleiswijk |
| Legal basis | Provincie wet en de Subsidieverordening van de provincie Zuid-Holland; hoofdstuk 6 subsidieregeling ten behoeve van het milieu, paragraaf promotie van duurzame energie |
| Type of measure | One off measure, investment, environmental measure |
| Objective | Environmental measure, energy efficiency |
| Form of aid | One off measure |
| Budget | EUR 300 000 |
| Intensity | 5,9 % of the total investment costs. In total 34,6 % of the investment is paid through an aid measure |
| Duration | 1.6.2006-1.1.2009 |
| Economic sectors | Agriculture — Environment and Energy |
| Name and address of the granting authority | Province of South-Holland |
| Zuid-Hollandplein 1 |
| 2509 LP The Hague |
| Nederland |

Date of adoption of the decision

29.10.2007

Reference number of the aid

NN 46/07 ex N 391/07

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Boren naar aardwarmte in Zuid-Holland

Glastuinbouwbedrijf A. en G. van den Bosch, in Bleiswijk

Legal basis

Provincie wet en de Subsidieverordening van de provincie Zuid-Holland; hoofdstuk 6 subsidieregeling ten behoeve van het milieu, paragraaf promotie van duurzame energie

Type of measure

One off measure, investment, environmental measure

Objective

Environmental measure, energy efficiency

Form of aid

One off measure

Budget

EUR 300 000

Intensity

5,9 % of the total investment costs. In total 34,6 % of the investment is paid through an aid measure

Duration

1.6.2006-1.1.2009

Economic sectors

Agriculture — Environment and Energy

Name and address of the granting authority

Province of South-Holland

Zuid-Hollandplein 1

2509 LP The Hague

Nederland

Other information

Related to N 101/04 and N 246/05

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

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

| Date of adoption of the decision | 29.10.2007 |
| --- | --- |
| Reference number of the aid | N 535/07 |
| Member State | Italy |
| Region | Campania |
| Title (and/or name of the beneficiary) | Interventi di soccorso nelle aree agricole danneggiate — Decreto legislativo n. 102/04 — Grandinate del 21 marzo 2007 nella provincia di Salerno (Campania) |
| Legal basis | Decreto legislativo n. 102/2004 |
| Type of measure | Individual aid |
| Objective | To compensate for damage to crops and farming infrastructure as a result of bad weather |
| Form of aid | Direct grant |
| Budget | See the approved scheme (NN 54/A/04) |
| Intensity | Up to 100 % of the cost of the damage |
| Duration | Measure applying an aid scheme approved by the Commission |
| Economic sectors | Agriculture |
| Name and address of the granting authority | Ministero delle Politiche agricole e forestali |
| Via XX Settembre, 20 |
| I-00187 Roma |

Date of adoption of the decision

29.10.2007

Reference number of the aid

N 535/07

Member State

Italy

Region

Campania

Title (and/or name of the beneficiary)

Interventi di soccorso nelle aree agricole danneggiate — Decreto legislativo n. 102/04 — Grandinate del 21 marzo 2007 nella provincia di Salerno (Campania)

Legal basis

Decreto legislativo n. 102/2004

Type of measure

Individual aid

Objective

To compensate for damage to crops and farming infrastructure as a result of bad weather

Form of aid

Direct grant

Budget

See the approved scheme (NN 54/A/04)

Intensity

Up to 100 % of the cost of the damage

Duration

Measure applying an aid scheme approved by the Commission

Economic sectors

Agriculture

Name and address of the granting authority

Ministero delle Politiche agricole e forestali

Via XX Settembre, 20

I-00187 Roma

Other information

Measure applying the scheme approved by the Commission under State aid NN 54/A/04 (Commission letter C(2005) 1622 final, dated 7 June 2005)

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

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

| Date of adoption of the decision | 4.12.2008 |
| --- | --- |
| Reference number of the aid | N 620/07 |
| Member State | Italy |
| Region | Lombardia |
| Title (and/or name of the beneficiary) | Interventi nelle zone agricole colpite da calamità naturali (tromba d'aria del 9 luglio 2007 in alcuni comuni della Regione Lombardia, provincia di Mantova) |
| Legal basis | Decreto legislativo n. 102/2004 |
| Type of measure | Aid scheme |
| Objective | To offset the effects of adverse weather conditions |
| Form of aid | Grants |
| Budget | See Aid NN 54/A/04 |
| Intensity | Up to 100 % |
| Duration | Until the final payment is made |
| Economic sectors | Agriculture |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

4.12.2008

Reference number of the aid

N 620/07

Member State

Italy

Region

Lombardia

Title (and/or name of the beneficiary)

Interventi nelle zone agricole colpite da calamità naturali (tromba d'aria del 9 luglio 2007 in alcuni comuni della Regione Lombardia, provincia di Mantova)

Legal basis

Decreto legislativo n. 102/2004

Type of measure

Aid scheme

Objective

To offset the effects of adverse weather conditions

Form of aid

Grants

Budget

See Aid NN 54/A/04

Intensity

Up to 100 %

Duration

Until the final payment is made

Economic sectors

Agriculture

Name and address of the granting authority

—

Other information

—

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

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

| Date of adoption of the decision | 19.12.2007 |
| --- | --- |
| Reference number of the aid | N 689/07 |
| Member State | Italy |
| Region | Veneto |
| Title (and/or name of the beneficiary) | Interventi nelle zone agricole colpite da calamità naturali (grandinate del 14 e 27 maggio 2007 in alcuni comuni delle province di Verona e Vicenza) |
| Legal basis | Decreto legislativo n. 102/2004 |
| Type of measure | Aid scheme |
| Objective | To offset the effects of adverse weather conditions |
| Form of aid | Grant |
| Budget | See Aid NN 54/A/04 |
| Intensity | Up to 100 % |
| Duration | Until the final payment is made |
| Economic sectors | Agriculture |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

19.12.2007

Reference number of the aid

N 689/07

Member State

Italy

Region

Veneto

Title (and/or name of the beneficiary)

Interventi nelle zone agricole colpite da calamità naturali (grandinate del 14 e 27 maggio 2007 in alcuni comuni delle province di Verona e Vicenza)

Legal basis

Decreto legislativo n. 102/2004

Type of measure

Aid scheme

Objective

To offset the effects of adverse weather conditions

Form of aid

Grant

Budget

See Aid NN 54/A/04

Intensity

Up to 100 %

Duration

Until the final payment is made

Economic sectors

Agriculture

Name and address of the granting authority

—

Other information

—

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

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 16.4.2008 | EN | Official Journal of the European Union | C 94/16 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/16

---

Euro exchange rates (1)

15 April 2008

(2008/C 94/06)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,5828 |
| JPY | Japanese yen | 159,87 |
| DKK | Danish krone | 7,4594 |
| GBP | Pound sterling | 0,8049 |
| SEK | Swedish krona | 9,419 |
| CHF | Swiss franc | 1,5817 |
| ISK | Iceland króna | 117,6 |
| NOK | Norwegian krone | 7,9105 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,819 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 252,17 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6971 |
| PLN | Polish zloty | 3,4103 |
| RON | Romanian leu | 3,6213 |
| SKK | Slovak koruna | 32,334 |
| TRY | Turkish lira | 2,0828 |
| AUD | Australian dollar | 1,7121 |
| CAD | Canadian dollar | 1,6168 |
| HKD | Hong Kong dollar | 12,3355 |
| NZD | New Zealand dollar | 2,0184 |
| SGD | Singapore dollar | 2,1471 |
| KRW | South Korean won | 1 564,6 |
| ZAR | South African rand | 12,538 |
| CNY | Chinese yuan renminbi | 11,0677 |
| HRK | Croatian kuna | 7,262 |
| IDR | Indonesian rupiah | 14 553,85 |
| MYR | Malaysian ringgit | 5,0151 |
| PHP | Philippine peso | 66,003 |
| RUB | Russian rouble | 37,136 |
| THB | Thai baht | 50,009 |
| BRL | Brazilian real | 2,6635 |
| MXN | Mexican peso | 16,5545 |

Currency

Exchange rate

USD

US dollar

1,5828

JPY

Japanese yen

159,87

DKK

Danish krone

7,4594

GBP

Pound sterling

0,8049

SEK

Swedish krona

9,419

CHF

Swiss franc

1,5817

ISK

Iceland króna

117,6

NOK

Norwegian krone

7,9105

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,819

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

252,17

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6971

PLN

Polish zloty

3,4103

RON

Romanian leu

3,6213

SKK

Slovak koruna

32,334

TRY

Turkish lira

2,0828

AUD

Australian dollar

1,7121

CAD

Canadian dollar

1,6168

HKD

Hong Kong dollar

12,3355

NZD

New Zealand dollar

2,0184

SGD

Singapore dollar

2,1471

KRW

South Korean won

1 564,6

ZAR

South African rand

12,538

CNY

Chinese yuan renminbi

11,0677

HRK

Croatian kuna

7,262

IDR

Indonesian rupiah

14 553,85

MYR

Malaysian ringgit

5,0151

PHP

Philippine peso

66,003

RUB

Russian rouble

37,136

THB

Thai baht

50,009

BRL

Brazilian real

2,6635

MXN

Mexican peso

16,5545

---

(1)

Source: reference exchange rate published by the ECB.

---

| 16.4.2008 | EN | Official Journal of the European Union | C 94/17 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/17

---

Opinion of the Advisory Committee on Mergers given at its meeting of 17 September 2007 relating a draft decision relating to Case COMP/M.3333 — Sony/BMG

Rapporteur: Denmark

(2008/C 94/07)

| 1. | The members of the Advisory Committee agree with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 4064/89. |
| --- | --- |

1.

The members of the Advisory Committee agree with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 4064/89.

| 2. | The members of the Advisory Committee agree with the Commission that the notified operation has a Community dimension as defined by that Regulation. |
| --- | --- |

2.

The members of the Advisory Committee agree with the Commission that the notified operation has a Community dimension as defined by that Regulation.

| 3. | The majority of the members of the Advisory Committee agrees with the Commission that in the present case the relevant product markets are:






  (a) | the market for physical recorded music; |
| --- | --- | --- |

3.

The majority of the members of the Advisory Committee agrees with the Commission that in the present case the relevant product markets are:

(a)

the market for physical recorded music;

| (b) | the market for licensing of recorded music in digital format which might be further subdivided into markets for online and mobile digital music. |
| --- | --- |

(b)

the market for licensing of recorded music in digital format which might be further subdivided into markets for online and mobile digital music.

A minority of the members of the Advisory Committee disagrees with point 3(a).

| 4. | The members of the Advisory Committee agree with the Commission that the market for physical recorded music is national in scope. |
| --- | --- |

4.

The members of the Advisory Committee agree with the Commission that the market for physical recorded music is national in scope.

| 5. | The members of the Advisory Committee agree with the Commission that the market for recorded music in digital format is national in scope. |
| --- | --- |

5.

The members of the Advisory Committee agree with the Commission that the market for recorded music in digital format is national in scope.

| 6. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music. |
| --- | --- |

6.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music.

| 7. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format. |
| --- | --- |

7.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format.

| 8. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music. |
| --- | --- |

8.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music.

| 9. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format. |
| --- | --- |

9.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format.

| 10. | The members of the Advisory Committee agree with the Commission that the proposed concentration should be declared compatible with the Common Market and with the EEA Agreement. |
| --- | --- |

10.

The members of the Advisory Committee agree with the Commission that the proposed concentration should be declared compatible with the Common Market and with the EEA Agreement.

| 11. | The Advisory Committee is of the opinion that the Commission has taken due account of the findings of the Court of First Instance in the Impala Case. |
| --- | --- |

11.

The Advisory Committee is of the opinion that the Commission has taken due account of the findings of the Court of First Instance in the Impala Case.

| 12. | The members of the Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

12.

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

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| 16.4.2008 | EN | Official Journal of the European Union | C 94/18 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/18

---

Final report of the Hearing Officer in Case COMP/M.3333 — Sony/BMG

(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2008/C 94/08)

On 9 January 2004, the Commission received a notification of a proposed concentration by which the undertakings Bertelsmann AG and Sony Corporation of America acquired, within the meaning of Article 3(1)(b) of Council Regulation (EEC) No 4064/89 (Merger Regulation), joint control of the record music joint venture ‘Sony BMG’ by way of purchase of shares in a newly created company.

On 19 July 2004, the Commission declared the concentration compatible with the common market. On 13 July 2004, the Hearing Officer concluded in its final report that the right to be heard of all participants to the proceedings had been respected (1).

Subsequently, on 13 July 2006, further to an application for annulment submitted by Independent Music Publisher and Labels Association (IMPALA) the Court of First Instance of the European Communities annulled the Commission decision.

On 31 January 2007, the Commission received an updated version of the initial notification containing the necessary information and data to enable it to assess the notified transaction in the light of current market conditions. The updated notification comprised the creation of the recorded music joint venture ‘Sony BMG’, which has been completed following the Commission's clearance decision of 19 July 2004.

After examining the updated notification the Commission concluded that the notified transaction fell within the scope of the Merger Regulation and that it raised serious doubts as to its compatibility with the common market and the functioning with the EEA Agreement. Accordingly, on 1 March 2007, the Commission decided to initiate proceedings in accordance with Article 6(1)(c) of the Merger Regulation.

The procedure was suspended in accordance with Article 11(5) of the Merger Regulation from 22 March 2007 until 26 June 2007, as the parties had not fully responded to a request for information.

The Parties were, upon request, granted access on 15 March, 8 May and 3 August 2007 to key documents in the file provided by third parties in accordance with DG Competition's ‘Best Practices on the conduct of EC merger control proceedings’.

In addition, IMPALA, a third party representing independent record companies, received, on request, a non-confidential version of the Article 6(1)(c) decision and subsequent comments submitted by the Parties as well as other key documents submitted in this case by the Parties, notably their comments on IMPALA's submissions.

Following an in-depth market investigation carried out by the Commission services it was concluded that the proposed transaction would not significantly impede effective competition in the common market or a substantial part of it and is therefore compatible with the common market and the EEA Agreement. Accordingly, no Statement of Objections was sent to the Parties in this case.

No queries or submission have been made to the Hearing Officer by the Parties or any other third party. The case does not call for any particular comments as regards the right to be heard.

Brussels, 25 September 2007.

Karen WILLIAMS

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(1)  OJ C 52, 2.3.2005, p. 5.

1

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| 16.4.2008 | EN | Official Journal of the European Union | C 94/19 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/19

---

Summary of Commission Decision

of 3 October 2007

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

(Case COMP/M.3333 — Sony/BMG)

(Only the English version is authentic)

(Text with EEA relevance)

(2008/C 94/09)

On 3 October 2007, the Commission adopted a Decision in a merger case under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings
   (1)
  , and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address:

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

I.   THE PARTIES AND THE OPERATION

| 1. | Sony is globally active in music recording and publishing, industrial and consumer electronics, and entertainment. Bertelsmann is an international media company active in music recording, TV and radio production and broadcasting, publishing of books, magazines and newspapers, print and media services, as well as book and music clubs. |
| --- | --- |

1.

Sony is globally active in music recording and publishing, industrial and consumer electronics, and entertainment. Bertelsmann is an international media company active in music recording, TV and radio production and broadcasting, publishing of books, magazines and newspapers, print and media services, as well as book and music clubs.

| 2. | The re-notified concentration comprises the creation of the recorded music joint venture Sony BMG which has been completed following the Commission's clearance decision of 19 July 2004. Bertelsmann contributed the worldwide recorded music business of its wholly owned subsidiary Bertelsmann Media Group (‘BMG’); Sony contributed its worldwide — with the exception of Japan — recorded music business which had been operated by Sony Music Entertainment. |
| --- | --- |

2.

The re-notified concentration comprises the creation of the recorded music joint venture Sony BMG which has been completed following the Commission's clearance decision of 19 July 2004. Bertelsmann contributed the worldwide recorded music business of its wholly owned subsidiary Bertelsmann Media Group (‘BMG’); Sony contributed its worldwide — with the exception of Japan — recorded music business which had been operated by Sony Music Entertainment.

II.   PROCEDURE

| 3. | On 9 January 2004, the Commission received, pursuant to Article 4 of Regulation (EEC) No 4064/89, the notification of the proposed Sony BMG recorded music joint venture. On 19 July 2004, the Commission declared the concentration compatible with the common market. Bertelsmann and Sony now jointly control Sony BMG which operates as a full function joint venture. According to the notifying parties, implementation of the concentration was gradual and became fully completed in 2006. |
| --- | --- |

3.

On 9 January 2004, the Commission received, pursuant to Article 4 of Regulation (EEC) No 4064/89, the notification of the proposed Sony BMG recorded music joint venture. On 19 July 2004, the Commission declared the concentration compatible with the common market. Bertelsmann and Sony now jointly control Sony BMG which operates as a full function joint venture. According to the notifying parties, implementation of the concentration was gradual and became fully completed in 2006.

| 4. | On 13 July 2006, the Court of First Instance of the European Communities annulled the Commission's decision (2). On 31 January 2007, the Commission received an up-date of the initial notification. On 1 March 2007, after examination of the notification, the Commission concluded that the notified operation falls within the scope of the Regulation (EEC) No 4064/89 and raised serious doubts as to its compatibility with the Common Market and the functioning of the EEA Agreement. |
| --- | --- |

4.

On 13 July 2006, the Court of First Instance of the European Communities annulled the Commission's decision (2). On 31 January 2007, the Commission received an up-date of the initial notification. On 1 March 2007, after examination of the notification, the Commission concluded that the notified operation falls within the scope of the Regulation (EEC) No 4064/89 and raised serious doubts as to its compatibility with the Common Market and the functioning of the EEA Agreement.

| 5. | By decision of 22 March 2007 pursuant to Article 11(5) of Regulation (EEC) No 4064/89, complementary information were requested to the notifying parties. The parties provided the requested information on 26 June 2007, and such re-started the Phase II timetable. |
| --- | --- |

5.

By decision of 22 March 2007 pursuant to Article 11(5) of Regulation (EEC) No 4064/89, complementary information were requested to the notifying parties. The parties provided the requested information on 26 June 2007, and such re-started the Phase II timetable.

III.   THE RELEVANT PRODUCT MARKETS

| 6. | Both parties are active in the discovery and the development of artists (so-called A&R: artist and repertoire) and the subsequent marketing and sale of recorded music. Sony BMG has not engaged in related activities such as music publishing, manufacturing and distribution. Sony's and BMG's activities in these fields remained with the parent companies or have been divested. |
| --- | --- |

6.

Both parties are active in the discovery and the development of artists (so-called A&R: artist and repertoire) and the subsequent marketing and sale of recorded music. Sony BMG has not engaged in related activities such as music publishing, manufacturing and distribution. Sony's and BMG's activities in these fields remained with the parent companies or have been divested.

1.   Physical recorded music

| 7. | The notifying parties consider the relevant product market to be the market for recorded music (i.e. discovery and development of artists, and the promotion, sales and marketing of recorded music) for all types of music. No subdivision along categories (international pop, local pop, classical music and compilations) is considered meaningful. |
| --- | --- |

7.

The notifying parties consider the relevant product market to be the market for recorded music (i.e. discovery and development of artists, and the promotion, sales and marketing of recorded music) for all types of music. No subdivision along categories (international pop, local pop, classical music and compilations) is considered meaningful.

| 8. | From a demand side perspective, end-consumers make purchasing decisions based on a number of criteria, among which type of music (genre), international v national, new release v back catalogue, individual artist v compilation, single v album and whether the music is released subject to a promotional campaign. From the supply side, record companies may sign artists and sell records across a range of different genres. Some independent labels, however, specialise in certain specific genres. The market investigation shows that all styles and genres are collectively included in a broad market subject to different musical standards and influences. Most record stores sell a diverse range of music. Moreover, clear and consistent definitions of categories and genres are difficult to find as there are many similarities between all of them (producers, outlets, customers, contract mechanism) which illustrates that distinguishing between different markets is not relevant. As regards compilations, there is a general view that they form a separate market from a demand side perspective, but the suppliers (recording companies) are divided on this issue. Based on these considerations, the Commission concludes that the relevant product market for physical recorded music includes all physical CD albums, irrespectively of their genre or their compilation/single artist status. |
| --- | --- |

8.

From a demand side perspective, end-consumers make purchasing decisions based on a number of criteria, among which type of music (genre), international v national, new release v back catalogue, individual artist v compilation, single v album and whether the music is released subject to a promotional campaign. From the supply side, record companies may sign artists and sell records across a range of different genres. Some independent labels, however, specialise in certain specific genres. The market investigation shows that all styles and genres are collectively included in a broad market subject to different musical standards and influences. Most record stores sell a diverse range of music. Moreover, clear and consistent definitions of categories and genres are difficult to find as there are many similarities between all of them (producers, outlets, customers, contract mechanism) which illustrates that distinguishing between different markets is not relevant. As regards compilations, there is a general view that they form a separate market from a demand side perspective, but the suppliers (recording companies) are divided on this issue. Based on these considerations, the Commission concludes that the relevant product market for physical recorded music includes all physical CD albums, irrespectively of their genre or their compilation/single artist status.

2.   Recorded Music in digital formats

| 9. | Digital music is delivered either online over the Internet or via mobile networks to the consumer in various forms, including downloads (of tracks, albums and master tones), subscription services and streaming. As Sony BMG is mainly active on the wholesale level — licensing its catalogue to digital music providers — the relevant market is the wholesale market for digital licensing of music. |
| --- | --- |

9.

Digital music is delivered either online over the Internet or via mobile networks to the consumer in various forms, including downloads (of tracks, albums and master tones), subscription services and streaming. As Sony BMG is mainly active on the wholesale level — licensing its catalogue to digital music providers — the relevant market is the wholesale market for digital licensing of music.

| 10. | As in previous decisions, the Commission concludes that there is an emerging but separate market for the online delivery of music, including streaming and downloading of music. Whilst digital music services compete to a certain extent with physical sales of music, the market investigation indicated that the physical market is not likely to be more than partly substituted by digital sales. From the final user perspective, digital music can therefore to be considered as a complement to physical music, rather than a substitute. From the supply side point of view, the structure of digital music services is different from physical retail in terms of organisation, as separate divisions for physical and digital music exist at the major record companies in order to handle the distinct value chain of digital music compared to the physical market. Also, the technical and commercial conditions negotiated between digital music services are different from those prevailing in the physical market. Moreover, marketing and cost structure in the digital market differ significantly from the physical market. It can thus be concluded that, both from the demand- and supply side, the wholesale market for licensing of digital (online/mobile) music constitutes a separate market from the wholesale market for physical recorded music. The Commission left open whether mobile music might constitute a distinct product market from online music due to limited demand-substitutability, in particular on the level of end-consumers. |
| --- | --- |

10.

As in previous decisions, the Commission concludes that there is an emerging but separate market for the online delivery of music, including streaming and downloading of music. Whilst digital music services compete to a certain extent with physical sales of music, the market investigation indicated that the physical market is not likely to be more than partly substituted by digital sales. From the final user perspective, digital music can therefore to be considered as a complement to physical music, rather than a substitute. From the supply side point of view, the structure of digital music services is different from physical retail in terms of organisation, as separate divisions for physical and digital music exist at the major record companies in order to handle the distinct value chain of digital music compared to the physical market. Also, the technical and commercial conditions negotiated between digital music services are different from those prevailing in the physical market. Moreover, marketing and cost structure in the digital market differ significantly from the physical market. It can thus be concluded that, both from the demand- and supply side, the wholesale market for licensing of digital (online/mobile) music constitutes a separate market from the wholesale market for physical recorded music. The Commission left open whether mobile music might constitute a distinct product market from online music due to limited demand-substitutability, in particular on the level of end-consumers.

IV.   THE RELEVANT GEOGRAPHIC MARKETS

1.   Physical recorded music

| 11. | The notifying parties consider music recording to be national in scope, as pricing (including discounts) and the sale of recorded music are predominantly carried out on a national scale. Furthermore, there is a strong local artist demand in all Member States and the discovery and development of new artists is to some extent a local business. The Parties also point out that as only few major customers have an international presence, marketing mainly takes place nationally and the shares of different record companies vary among different Member States. In addition, many independents are only present in one or few Member States. |
| --- | --- |

11.

The notifying parties consider music recording to be national in scope, as pricing (including discounts) and the sale of recorded music are predominantly carried out on a national scale. Furthermore, there is a strong local artist demand in all Member States and the discovery and development of new artists is to some extent a local business. The Parties also point out that as only few major customers have an international presence, marketing mainly takes place nationally and the shares of different record companies vary among different Member States. In addition, many independents are only present in one or few Member States.

| 12. | As in previous decisions, the Commission found that the relevant geographic market has both national and international characteristics. The results from the market investigation still point in the direction of national markets. In particular, national repertoire (i.e. other than Anglo-American repertoire) is typically only attractive to a larger audience in the home country or the countries having the same language, the pricing, as also submitted by the notifying parties, is different from country to country, and the marketing is done on a national basis. Based on these considerations, the Commission concludes that the relevant product market for physical recorded music is national. |
| --- | --- |

12.

As in previous decisions, the Commission found that the relevant geographic market has both national and international characteristics. The results from the market investigation still point in the direction of national markets. In particular, national repertoire (i.e. other than Anglo-American repertoire) is typically only attractive to a larger audience in the home country or the countries having the same language, the pricing, as also submitted by the notifying parties, is different from country to country, and the marketing is done on a national basis. Based on these considerations, the Commission concludes that the relevant product market for physical recorded music is national.

2.   Recorded Music in digital formats

| 13. | The geographic scope of digital distribution of music could be considered larger than national as the internet does not recognise borders and allows music to be available to consumers ‘anytime, anyplace, and anywhere’. However, the market investigation has indicated — in line with the 2004 Decision — that the market is still national in scope. On the wholesale level, licences are mostly granted by the record companies to music online providers for exploitation in a certain (national) territory. On the retail level, the market investigation has indicated differences in the structure, demand, evolution and dynamics of the digital market between the relevant Member States that would support the finding of national markets. The market for licensing of digital music can therefore be considered as national in scope. |
| --- | --- |

13.

The geographic scope of digital distribution of music could be considered larger than national as the internet does not recognise borders and allows music to be available to consumers ‘anytime, anyplace, and anywhere’. However, the market investigation has indicated — in line with the 2004 Decision — that the market is still national in scope. On the wholesale level, licences are mostly granted by the record companies to music online providers for exploitation in a certain (national) territory. On the retail level, the market investigation has indicated differences in the structure, demand, evolution and dynamics of the digital market between the relevant Member States that would support the finding of national markets. The market for licensing of digital music can therefore be considered as national in scope.

V.   ASSESSMENT

1.   Market for Recorded Music in digital formats

1.1.   Absence of non-coordinated effects

| 14. | Whilst the recorded music industry was already concentrated prior to the merger in 2004, Sony BMG's market shares remain below a level that could generally be considered as constituting a single dominant position in any of the national markets. Also, the merger has not led to competitive issues with regard to market foreclosure of digital music retailers, portable music player manufacturers or independent record companies. Specifically with regard to the independents, the digital market can be considered as representing an opportunity for independents to reach demand without having to rely on distribution and traditional retailers. |
| --- | --- |

14.

Whilst the recorded music industry was already concentrated prior to the merger in 2004, Sony BMG's market shares remain below a level that could generally be considered as constituting a single dominant position in any of the national markets. Also, the merger has not led to competitive issues with regard to market foreclosure of digital music retailers, portable music player manufacturers or independent record companies. Specifically with regard to the independents, the digital market can be considered as representing an opportunity for independents to reach demand without having to rely on distribution and traditional retailers.

1.2.   No evidence of the creation or strengthening of a collective dominant position in the market for digital distribution of music

| 15. | The market investigation focussed on whether the concentration has led to a creation or strengthening of a collective dominant position on the wholesale market for licensing of music to digital music providers. As online/mobile music providers need to have licences with all majors in order to be able to offer a repertoire as complete as possible, the question investigated is whether the Sony BMG merger could, in an already concentrated market, be seen to have enabled or significantly facilitated the majors to collectively dominate the wholesale licensing in the digital music market. |
| --- | --- |

15.

The market investigation focussed on whether the concentration has led to a creation or strengthening of a collective dominant position on the wholesale market for licensing of music to digital music providers. As online/mobile music providers need to have licences with all majors in order to be able to offer a repertoire as complete as possible, the question investigated is whether the Sony BMG merger could, in an already concentrated market, be seen to have enabled or significantly facilitated the majors to collectively dominate the wholesale licensing in the digital music market.

Market characteristics

| 16. | Tacit collusion would generally be considered to be incompatible with the dynamic and unstable nature that characterises the digital market. The development of the digital market is uncertain as the business models are diverse and evolving. Whilst the digital market attracts frequent new entry, demand is highly concentrated as Apple's online music service iTunes is the leading digital music retailer in all national markets, and such provides iTunes with a certain degree of countervailing buyer power. The pricing strategy that iTunes has introduced in the digital market — and which has been replicated by most of the other music service providers — is to sell all music at a standard price per track and such significantly limits the ability of the majors to differentiate their pricing at the wholesale level. |
| --- | --- |

16.

Tacit collusion would generally be considered to be incompatible with the dynamic and unstable nature that characterises the digital market. The development of the digital market is uncertain as the business models are diverse and evolving. Whilst the digital market attracts frequent new entry, demand is highly concentrated as Apple's online music service iTunes is the leading digital music retailer in all national markets, and such provides iTunes with a certain degree of countervailing buyer power. The pricing strategy that iTunes has introduced in the digital market — and which has been replicated by most of the other music service providers — is to sell all music at a standard price per track and such significantly limits the ability of the majors to differentiate their pricing at the wholesale level.

Conditions for a finding of collective dominance

| 17. | The market investigation has verified whether the conditions for a finding of collective dominance are met in the digital music market. |
| --- | --- |

17.

The market investigation has verified whether the conditions for a finding of collective dominance are met in the digital music market.

Transparency

| 18. | The investigation has considered, in particular, if the predominant retail pricing model can be seen to provide a direct or indirect focal point for the majors to coordinate around. As to the ability for majors to monitor adherence to any such terms of coordination, it has been investigated to what extent the majors have aligned price levels in their contracts with digital music providers and, where a certain degree of wholesale price alignment could be observed, whether such was the likely result of coordination or rather of competitive factors such as the bargaining power of large digital retailers or of the nascent state of the digital markets. It appears from the Commission's investigation that the majors seek to individually maximise their returns on digital music. The majors apply different prices, different price structures and use different business models, and this differentiation is increasing. |
| --- | --- |

18.

The investigation has considered, in particular, if the predominant retail pricing model can be seen to provide a direct or indirect focal point for the majors to coordinate around. As to the ability for majors to monitor adherence to any such terms of coordination, it has been investigated to what extent the majors have aligned price levels in their contracts with digital music providers and, where a certain degree of wholesale price alignment could be observed, whether such was the likely result of coordination or rather of competitive factors such as the bargaining power of large digital retailers or of the nascent state of the digital markets. It appears from the Commission's investigation that the majors seek to individually maximise their returns on digital music. The majors apply different prices, different price structures and use different business models, and this differentiation is increasing.

| 19. | It appears from the investigation that wholesale pricing structures and agreements have increasingly gained in diversity and complexity over the past 36 months. This increased complexity follows from the dynamics of negotiation between the majors and the digital retailers, leading to more customised contracts that reflect the market position of the retailer and the valuation of the service it provides. These price structures are also more frequently reviewed and renegotiated. Furthermore, there is increasingly more sophisticated differentiation between categories of content. Also, there is an increased differentiation between the contracts concluded with digital retailers on the national level as the local management of the majors in a given Member State obtains more influence in negotiating the contracts. More precisely, the market investigation has pointed to a number of elements that would considerably limit the ability of the majors to identify deviation regarding any tacitly coordinated wholesale pricing on the basis of such observed retail prices. Overall, there is a tendency towards increased wholesale price sophistication such as (i) discounts and volume related prices; (ii) a two tier pricing system; (iii) advance payments; (iv) usage restriction variations; (v) bundled content. |
| --- | --- |

19.

It appears from the investigation that wholesale pricing structures and agreements have increasingly gained in diversity and complexity over the past 36 months. This increased complexity follows from the dynamics of negotiation between the majors and the digital retailers, leading to more customised contracts that reflect the market position of the retailer and the valuation of the service it provides. These price structures are also more frequently reviewed and renegotiated. Furthermore, there is increasingly more sophisticated differentiation between categories of content. Also, there is an increased differentiation between the contracts concluded with digital retailers on the national level as the local management of the majors in a given Member State obtains more influence in negotiating the contracts. More precisely, the market investigation has pointed to a number of elements that would considerably limit the ability of the majors to identify deviation regarding any tacitly coordinated wholesale pricing on the basis of such observed retail prices. Overall, there is a tendency towards increased wholesale price sophistication such as (i) discounts and volume related prices; (ii) a two tier pricing system; (iii) advance payments; (iv) usage restriction variations; (v) bundled content.

| 20. | Quite apart from these features, it was investigated whether the observed level of price alignment is in itself sufficient to consider the online market segment transparent. Through an analysis of the major's historic price data and contracts with digital music retailers, the Commission has assessed to what extent the majors apply aligned price levels in their contracts with digital music providers in the investigated 15 Member States. This investigation provides information on the level of transparency and the evolution of price structures, possible alignment between the majors in terms of price and other contractual conditions, and to what extent the merger has affected these contractual conditions. |
| --- | --- |

20.

Quite apart from these features, it was investigated whether the observed level of price alignment is in itself sufficient to consider the online market segment transparent. Through an analysis of the major's historic price data and contracts with digital music retailers, the Commission has assessed to what extent the majors apply aligned price levels in their contracts with digital music providers in the investigated 15 Member States. This investigation provides information on the level of transparency and the evolution of price structures, possible alignment between the majors in terms of price and other contractual conditions, and to what extent the merger has affected these contractual conditions.

| 21. | With regard to the different market segments, price variability is most pronounced for subscription services, streaming, tethered downloads and advertising based music services for which a wide variety of business models have developed. For these applications, wholesale pricing and other contractual conditions are not transparent and there is no alignment between the majors. There is also very significant price variability for mobile applications (master tones, mobile downloaded tracks and videos). There is no overall convergence of the major's pricing levels as most majors apply different rates to the different mobile music providers within the same country. Secondly, on the level of the individual mobile music provider, most majors apply considerably different prices. Thirdly, prices are increasingly differentiated on the basis of the volumes sold. |
| --- | --- |

21.

With regard to the different market segments, price variability is most pronounced for subscription services, streaming, tethered downloads and advertising based music services for which a wide variety of business models have developed. For these applications, wholesale pricing and other contractual conditions are not transparent and there is no alignment between the majors. There is also very significant price variability for mobile applications (master tones, mobile downloaded tracks and videos). There is no overall convergence of the major's pricing levels as most majors apply different rates to the different mobile music providers within the same country. Secondly, on the level of the individual mobile music provider, most majors apply considerably different prices. Thirdly, prices are increasingly differentiated on the basis of the volumes sold.

| 22. | For online downloads there is a high degree of price differentiation for premium/mid price single tracks and albums. For standard downloads (tracks and albums), three categories of retailers with varying levels of price variability were identified. For the majority of the digital music providers in all assessed Member States, there is a relatively wide divergence on wholesale prices applied to a given music service provider and these differences can fluctuate over time. For a second category of music service providers, there is a more pronounced level of price similarity, whereby the currently applied wholesale prices show divergence of between 10 % and 15 %. Also, for these music service providers, the ranges of price alignment vary considerably between the different providers in all assessed Member States. There is no consistency in the price level applied by the different majors for a given retailer; and these positions may vary over time, whereby the most expensive major for a given music service provider becomes the least expensive for that provider over a period of 24 months. Such findings are hardly compatible with a theory of tacit collusion. |
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22.

For online downloads there is a high degree of price differentiation for premium/mid price single tracks and albums. For standard downloads (tracks and albums), three categories of retailers with varying levels of price variability were identified. For the majority of the digital music providers in all assessed Member States, there is a relatively wide divergence on wholesale prices applied to a given music service provider and these differences can fluctuate over time. For a second category of music service providers, there is a more pronounced level of price similarity, whereby the currently applied wholesale prices show divergence of between 10 % and 15 %. Also, for these music service providers, the ranges of price alignment vary considerably between the different providers in all assessed Member States. There is no consistency in the price level applied by the different majors for a given retailer; and these positions may vary over time, whereby the most expensive major for a given music service provider becomes the least expensive for that provider over a period of 24 months. Such findings are hardly compatible with a theory of tacit collusion.

| 23. | Some price alignment can be observed for the iTunes music service. Whilst certain of the majors endeavoured to persuade Apple to accept differentiated prices (in order to increase prices for releases with high demand and vice versa) when launching iTunes in Europe, Apple has reportedly refused to abandon its ‘one price fits all’ pricing policy. In view of the very strong demand position iTunes has acquired (with, for example, more than 80 % of one of the major's 2006 online download revenues in the United Kingdom, Ireland, Austria and Belgium), the negotiation power of iTunes appears to have a strong influence on prices. In addition, in the United Kingdom, which is the most advanced digital market in the EEA, iTunes UK applies the same ‘one price fits all’ retail pricing structure (albeit at a higher price than in the euro zone), while certain of the majors apply wholesale prices that are significantly different from other majors. It cannot be explained under an agreed collusive scheme why some majors would accept to apply a lower wholesale price than the other majors, in particular seen that these price differences were maintained by those majors that have entered into new contracts with iTunes. |
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23.

Some price alignment can be observed for the iTunes music service. Whilst certain of the majors endeavoured to persuade Apple to accept differentiated prices (in order to increase prices for releases with high demand and vice versa) when launching iTunes in Europe, Apple has reportedly refused to abandon its ‘one price fits all’ pricing policy. In view of the very strong demand position iTunes has acquired (with, for example, more than 80 % of one of the major's 2006 online download revenues in the United Kingdom, Ireland, Austria and Belgium), the negotiation power of iTunes appears to have a strong influence on prices. In addition, in the United Kingdom, which is the most advanced digital market in the EEA, iTunes UK applies the same ‘one price fits all’ retail pricing structure (albeit at a higher price than in the euro zone), while certain of the majors apply wholesale prices that are significantly different from other majors. It cannot be explained under an agreed collusive scheme why some majors would accept to apply a lower wholesale price than the other majors, in particular seen that these price differences were maintained by those majors that have entered into new contracts with iTunes.

Retaliation

| 24. | The second condition for a finding of collective dominance requires that there is some form of deterrent mechanism in case of deviations. The market investigation has not pointed to the existence of a credible retaliation mechanism that would force the majors to remain within the boundaries of any agreed collusive scheme. The fact that the wholesale prices of the majors can vary considerably in opposite directions without any observable reaction of the other majors is not indicative of a transparent market where deviation is easily detected and retaliation can take place to reinstate adherence to the tacit collusion. In addition, the different majors have in the past 12 months, if anything, applied more divergent short and long term strategies than in the past. The investigation has not brought evidence that could explain how such unilateral actions from certain majors would be compatible with a collusive scheme, or why these actions, that affect an important part of the digital market, would be left without retaliation. |
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24.

The second condition for a finding of collective dominance requires that there is some form of deterrent mechanism in case of deviations. The market investigation has not pointed to the existence of a credible retaliation mechanism that would force the majors to remain within the boundaries of any agreed collusive scheme. The fact that the wholesale prices of the majors can vary considerably in opposite directions without any observable reaction of the other majors is not indicative of a transparent market where deviation is easily detected and retaliation can take place to reinstate adherence to the tacit collusion. In addition, the different majors have in the past 12 months, if anything, applied more divergent short and long term strategies than in the past. The investigation has not brought evidence that could explain how such unilateral actions from certain majors would be compatible with a collusive scheme, or why these actions, that affect an important part of the digital market, would be left without retaliation.

Countervailing abilities

| 25. | For coordination to be sustainable, the reaction of outsiders — such as current and future competitors not participating in the coordination, as well as customers — should not lead to jeopardising the results expected from the coordination. As for potential competitors, Independents exert only limited competitive pressure on the majors. As for customers, iTunes has acquired a relatively strong bargaining position vis-à-vis the majors as far as online downloads are concerned (and has successfully objected to any wholesale price differentiation for single track). On the other hand, the market investigation clearly indicates that a digital music provider must have access to the repertoire of all the majors in order to match the demand for chart hits. As there is no substitution for chart material, this dependency affects the countervailing buyer power of music service providers. |
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25.

For coordination to be sustainable, the reaction of outsiders — such as current and future competitors not participating in the coordination, as well as customers — should not lead to jeopardising the results expected from the coordination. As for potential competitors, Independents exert only limited competitive pressure on the majors. As for customers, iTunes has acquired a relatively strong bargaining position vis-à-vis the majors as far as online downloads are concerned (and has successfully objected to any wholesale price differentiation for single track). On the other hand, the market investigation clearly indicates that a digital music provider must have access to the repertoire of all the majors in order to match the demand for chart hits. As there is no substitution for chart material, this dependency affects the countervailing buyer power of music service providers.

| 26. | It can be concluded that there is a balance of power between the majors being able to leverage their indispensable content and iTunes (and increasingly a number of strong players such as telecom operators). Taking into account that the degree of buyer power is still significantly more important than what can be observed in the physical market the customers in the digital market could indeed jeopardise to a certain extent the benefits that any coordination could bring to the majors. |
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26.

It can be concluded that there is a balance of power between the majors being able to leverage their indispensable content and iTunes (and increasingly a number of strong players such as telecom operators). Taking into account that the degree of buyer power is still significantly more important than what can be observed in the physical market the customers in the digital market could indeed jeopardise to a certain extent the benefits that any coordination could bring to the majors.

1.3.   The effect of the merger

| 27. | Whilst the merger has reduced the number of competitive relationships, the market investigation has not provided evidence that the merger has enabled or facilitated tacit coordination. In addition, the contract and price data show that the merger has not led to an overall increase of wholesale prices for BMG or Sony content. |
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27.

Whilst the merger has reduced the number of competitive relationships, the market investigation has not provided evidence that the merger has enabled or facilitated tacit coordination. In addition, the contract and price data show that the merger has not led to an overall increase of wholesale prices for BMG or Sony content.

1.4.   Conclusion

| 28. | On the basis of all the above, the merger has neither led nor will lead to the creation or strengthening of a collective dominant position of the four remaining majors in the markets for licences for digital music in any of the EEA countries, as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it. |
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28.

On the basis of all the above, the merger has neither led nor will lead to the creation or strengthening of a collective dominant position of the four remaining majors in the markets for licences for digital music in any of the EEA countries, as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it.

2.   Market for Recorded Music in physical formats

2.1.   Absence of non-coordinated effects

| 29. | The markets for recorded music in all affected countries are characterised by the presence of four major record companies (Sony BMG, Universal Music Group, Warner Music Group, and EMI) which together hold 80 % of the market, and a large number of significantly smaller independent record companies. Universal leads before Sony BMG, EMI and Warner. The market share of Sony BMG does not allow the company to reach a single dominant position in any relevant market. |
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29.

The markets for recorded music in all affected countries are characterised by the presence of four major record companies (Sony BMG, Universal Music Group, Warner Music Group, and EMI) which together hold 80 % of the market, and a large number of significantly smaller independent record companies. Universal leads before Sony BMG, EMI and Warner. The market share of Sony BMG does not allow the company to reach a single dominant position in any relevant market.

2.2.   No evidence of the creation or strengthening of a collective dominant position in the market for physical distribution of music

Coordination at the level of non-price items

| 30. | The following theories of coordination that suggest that major record companies might restrict the access of independent record companies to retailers on non-price aspects of the market for recorded music have been analysed and rejected. Moreover, it is not obvious that these topics would restrict competition between majors themselves.
  —   Access to shelf-space: The market investigation confirmed that hits released by independent record companies benefit from similar conditions as hits from major companies. Shelf space is allocated independently by retailers, on the basis of their own evaluation of albums sales potential.
  —   Access to airplay: Most successful radios in Europe broadcast music on the basis of a playlist. All record companies compete to be registered on such playlists as regular airplay is one of the factors supporting sales. Most competitors reported that TV or radio stations, in their decisions on the allocation of air-time to music titles did not particularly favour recording companies belonging to their group. Finally, the percentage of combined airplay for independent record companies increased in 10 out of the 15 EEA countries analysed during the 2003-2005 period.
  —   Charts rules: Whereas the existence of charts can indeed increase transparency by providing regular information to all market observers on how CDs albums of competitors perform, the Commission investigation did not find any instances of majors using chart rules as an opportunity to deny the access of artists from independent record companies to the charts. In addition, the Commission notes that minimum prices do exist in 12 countries for CD albums to enter the charts, but consider that these prices are too low to hinder competition between record companies on setting different prices and/or constituting focal points for a coordinated approach by majors.
  —   Release dates: Sony BMG has recognised that decisions on its albums' release dates are influenced by release dates of competitors' albums. Release dates are also often publicised and therefore transparent or relate to specific events (e.g. Christmas sales). However, release dates are often postponed and in any event, the behaviour of majors in this regard can hardly be qualified as collusion and seems more based on competition, with each firm trying to optimise its release dates.
  —   Publishing and recording rights: All majors have a sister company active in music publishing, apart from Sony BMG, since Bertelsmann sold in 2007 its publishing division to Universal. Sony/ATV, a publishing joint venture between Sony and Michael Jackson, reaches a significantly lower market share than its competitors. Moreover, the Commission investigation concluded that because of the existence of collecting societies, publishing companies are not in a position to exercise market power in the market for recorded music.
  —   Cultural diversity: The market investigation showed that all record companies are engaged in intense competition for discovering and signing new artists. Major record companies have reduced the number of artists on their roster, but this decrease followed the drastic decline in demand and started before the merger of Sony and BMG. The share of local artists in record sales has significantly increased in the majority of Contracting Parties to the EEA Agreement in the past few years. The increased share of local artists is retailed through both traditional retail channels and the internet, with the latter acting as a forum for known and unknown artists increasingly to display and sell their music directly to end-customers without the use of traditional retail channels. It can thus be concluded that the merger of Sony and BMG had no negative impact on cultural diversity at the level of creation, recording, distribution and retail. |
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30.

The following theories of coordination that suggest that major record companies might restrict the access of independent record companies to retailers on non-price aspects of the market for recorded music have been analysed and rejected. Moreover, it is not obvious that these topics would restrict competition between majors themselves.

—   Access to shelf-space: The market investigation confirmed that hits released by independent record companies benefit from similar conditions as hits from major companies. Shelf space is allocated independently by retailers, on the basis of their own evaluation of albums sales potential.

—   Access to airplay: Most successful radios in Europe broadcast music on the basis of a playlist. All record companies compete to be registered on such playlists as regular airplay is one of the factors supporting sales. Most competitors reported that TV or radio stations, in their decisions on the allocation of air-time to music titles did not particularly favour recording companies belonging to their group. Finally, the percentage of combined airplay for independent record companies increased in 10 out of the 15 EEA countries analysed during the 2003-2005 period.

—   Charts rules: Whereas the existence of charts can indeed increase transparency by providing regular information to all market observers on how CDs albums of competitors perform, the Commission investigation did not find any instances of majors using chart rules as an opportunity to deny the access of artists from independent record companies to the charts. In addition, the Commission notes that minimum prices do exist in 12 countries for CD albums to enter the charts, but consider that these prices are too low to hinder competition between record companies on setting different prices and/or constituting focal points for a coordinated approach by majors.

—   Release dates: Sony BMG has recognised that decisions on its albums' release dates are influenced by release dates of competitors' albums. Release dates are also often publicised and therefore transparent or relate to specific events (e.g. Christmas sales). However, release dates are often postponed and in any event, the behaviour of majors in this regard can hardly be qualified as collusion and seems more based on competition, with each firm trying to optimise its release dates.

—   Publishing and recording rights: All majors have a sister company active in music publishing, apart from Sony BMG, since Bertelsmann sold in 2007 its publishing division to Universal. Sony/ATV, a publishing joint venture between Sony and Michael Jackson, reaches a significantly lower market share than its competitors. Moreover, the Commission investigation concluded that because of the existence of collecting societies, publishing companies are not in a position to exercise market power in the market for recorded music.

—   Cultural diversity: The market investigation showed that all record companies are engaged in intense competition for discovering and signing new artists. Major record companies have reduced the number of artists on their roster, but this decrease followed the drastic decline in demand and started before the merger of Sony and BMG. The share of local artists in record sales has significantly increased in the majority of Contracting Parties to the EEA Agreement in the past few years. The increased share of local artists is retailed through both traditional retail channels and the internet, with the latter acting as a forum for known and unknown artists increasingly to display and sell their music directly to end-customers without the use of traditional retail channels. It can thus be concluded that the merger of Sony and BMG had no negative impact on cultural diversity at the level of creation, recording, distribution and retail.

Coordination at the level of price items

| 31. | The following theories of coordination that, if applicable, would suggest that major record companies coordinate to stabilise the net wholesale prices of physical CD albums at supra-competitive prices have been analysed and rejected. |
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31.

The following theories of coordination that, if applicable, would suggest that major record companies coordinate to stabilise the net wholesale prices of physical CD albums at supra-competitive prices have been analysed and rejected.

Coordination at the level of budget

| 32. | It has been suggested to the Commission that the yearly budgets of majors would be used as focal points of coordination for them to control the average annual discounts of their competitors or as a signal to all retailers (and through them to all competitors) that the tacit coordination that was taking place for a given year, would be re-conducted for another subsequent year. |
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32.

It has been suggested to the Commission that the yearly budgets of majors would be used as focal points of coordination for them to control the average annual discounts of their competitors or as a signal to all retailers (and through them to all competitors) that the tacit coordination that was taking place for a given year, would be re-conducted for another subsequent year.

| 33. | The Commission found that budgets are not prepared for separate customers on a regular basis by record companies. Retailers notably reported that they are not informed of record companies' total discount budgets allocated to them. The Commission also found that the budgets prepared by record companies are confidential documents and the investigation did not provide any evidence that these budgets are disseminated between the majors or that they otherwise could be used as focal points for coordination. In addition, the Commission considers that whereas budgets are instruments to forecast sales and discounts, they are poorly appropriated for controlling discounts granted to customers on a regular (e.g. monthly, weekly) basis. Finally, due to uncertainty of e.g. sales forecast, monthly budgets are often ‘over-spent’ and the Commission did not find indications of either reduced availability of discounts towards the end of budget periods or retaliation following the observed and regular deviation from budgets, neither of which is consistent with a theory of tacit collusion. |
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33.

The Commission found that budgets are not prepared for separate customers on a regular basis by record companies. Retailers notably reported that they are not informed of record companies' total discount budgets allocated to them. The Commission also found that the budgets prepared by record companies are confidential documents and the investigation did not provide any evidence that these budgets are disseminated between the majors or that they otherwise could be used as focal points for coordination. In addition, the Commission considers that whereas budgets are instruments to forecast sales and discounts, they are poorly appropriated for controlling discounts granted to customers on a regular (e.g. monthly, weekly) basis. Finally, due to uncertainty of e.g. sales forecast, monthly budgets are often ‘over-spent’ and the Commission did not find indications of either reduced availability of discounts towards the end of budget periods or retaliation following the observed and regular deviation from budgets, neither of which is consistent with a theory of tacit collusion.

Coordination at the level of each title pricing

| 34. | Under the theory that collusion takes place at the level of each title, thousands of albums of competitors would need to be monitored by majors at any point in time. The market investigation found that whilst it may be feasible for majors to collect information on a few specific albums by focusing discussion with retailers, it seems very unlikely that record companies could obtain exhaustive and precise information on the pricing of all their competitors' albums, or even on all their chart albums. The market investigation has also not supported the finding that majors actually attempt to collect such information on anything close to a systematic basis. In addition, PPDs, campaign discounts and retail prices evolve constantly and would require a daily or at least weekly monitoring leading to a massive set of information elements to be gathered. Such a database would be highly cost-consuming, whilst remaining in all likelihood largely incomplete. |
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34.

Under the theory that collusion takes place at the level of each title, thousands of albums of competitors would need to be monitored by majors at any point in time. The market investigation found that whilst it may be feasible for majors to collect information on a few specific albums by focusing discussion with retailers, it seems very unlikely that record companies could obtain exhaustive and precise information on the pricing of all their competitors' albums, or even on all their chart albums. The market investigation has also not supported the finding that majors actually attempt to collect such information on anything close to a systematic basis. In addition, PPDs, campaign discounts and retail prices evolve constantly and would require a daily or at least weekly monitoring leading to a massive set of information elements to be gathered. Such a database would be highly cost-consuming, whilst remaining in all likelihood largely incomplete.

Coordination at the level of pricing policy (stabilisation of current business model)

| 35. | A theory of harm has been suggested to the Commission whereby all major record companies coordinate themselves at the level of their general pricing policy. This would notably imply that all majors follow the same pricing patterns, involving a level of flexibility necessary to adapt album prices to fluctuations in demand. Under this theory, majors would enjoy a stable and predictable business framework in the sense that pricing for comparable new releases or for comparable catalogue titles would be relatively similar. It would also be a guarantee that the evolution of prices of albums would follow similar rules. A deviation from the general pricing policy would be spotted by competitors as soon as it is systematic and applies to a large category of albums. |
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35.

A theory of harm has been suggested to the Commission whereby all major record companies coordinate themselves at the level of their general pricing policy. This would notably imply that all majors follow the same pricing patterns, involving a level of flexibility necessary to adapt album prices to fluctuations in demand. Under this theory, majors would enjoy a stable and predictable business framework in the sense that pricing for comparable new releases or for comparable catalogue titles would be relatively similar. It would also be a guarantee that the evolution of prices of albums would follow similar rules. A deviation from the general pricing policy would be spotted by competitors as soon as it is systematic and applies to a large category of albums.

| 36. | The Commission believes that it is inappropriate to qualify the above theory as one of coordinated effects on the market for recorded music, notably because such a theory would leave significant margin for different majors to develop many alternative pricing schemes and thus cannot be distinguished from competition. |
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36.

The Commission believes that it is inappropriate to qualify the above theory as one of coordinated effects on the market for recorded music, notably because such a theory would leave significant margin for different majors to develop many alternative pricing schemes and thus cannot be distinguished from competition.

Coordination on prices at and shortly after the release date

| 37. | The bulk of sales of majors are realized by chart albums during the first weeks after release. Hence, a coordination of majors covering chart album prices during the early post-release period would cover a significant part of majors' activity and revenue. The analysis first conducted at the general level, including all affected markets, has pointed to a number of weaknesses of this theory which would be hardly compatible with tacit collusion. The possible terms of coordination would notably have to address at least the following issues: |
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37.

The bulk of sales of majors are realized by chart albums during the first weeks after release. Hence, a coordination of majors covering chart album prices during the early post-release period would cover a significant part of majors' activity and revenue. The analysis first conducted at the general level, including all affected markets, has pointed to a number of weaknesses of this theory which would be hardly compatible with tacit collusion. The possible terms of coordination would notably have to address at least the following issues:

How are PPDs selected by the majors?

The investigation shows that not all the majors use the same PPDs and also that the number of ‘main PPD's’ each major uses varies over time. It further does not appear that there is a clear rule for exactly which of its main PPDs a major allocates to each new release. It is not clear that this level of ‘freedom’ could be explained as compatible with tacit collusion. In addition, it is unclear, if coordination was taking place, why the different majors would still use different main PPDs within a range of several euros, causing majors with lower main PPDs to make a loss for a significant portion of their sales when compared to the other majors.

For which period after release PPDs have to remain stable?

The investigation shows that the period after release during which an album PPD is stable varies from album to album. Again, in the absence of any apparent rule, it is not clear whether the liberty for each major to decrease PPD of an album ‘freely’ could be compatible with tacit collusion.

Which rule is applied to discounts during the above period?

The Commission's analysis highlighted that campaign discounts are only applied to some albums and that their level varies between albums and retailer, as well as during the life cycle of the album. These campaign discounts apply to a significant proportion of new releases and significantly impact net wholesale prices. Moreover, the investigation did not find relatively simple and recurrent patterns behind the application of these campaign discounts in the early life of albums to significant customers. The absence of such patterns is not consistent with a hypothesis that coordination among the majors has taken place.

| 38. | In addition, in order to prove a collective dominant position, the coordination would need to meet the Airtours criteria: sufficient transparency to spot deviations, existence of a credible retaliation mechanism and inability of customers or competitors to jeopardize collusion. |
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38.

In addition, in order to prove a collective dominant position, the coordination would need to meet the Airtours criteria: sufficient transparency to spot deviations, existence of a credible retaliation mechanism and inability of customers or competitors to jeopardize collusion.

Lack of transparency

| 39. | PPDs are only partially transparent and the Commission found that they are not systematically monitored by the majors. In most countries, PPDs are not publicly available anymore. They are printed in promotional material distributed to retailers. These retailers could in theory share such material with other record companies but the market investigation did not provide evidence of any systematic resort to such practices. In some countries, PPDs or PPD codes are also available via websites accessible by record companies and retailers. The parties, however, submitted that they do not use such websites. Nevertheless many retailers acknowledged that they partly use pricing information from one major to negotiate with other majors. As a result, although it seems possible for Sony BMG to collect PPD information through contacts with retailers, the information that could be gathered in this way would likely be incomplete and its reliability would be dubious. It cannot therefore be concluded that PPDs can be reliable focal point for a theory of coordination. |
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39.

PPDs are only partially transparent and the Commission found that they are not systematically monitored by the majors. In most countries, PPDs are not publicly available anymore. They are printed in promotional material distributed to retailers. These retailers could in theory share such material with other record companies but the market investigation did not provide evidence of any systematic resort to such practices. In some countries, PPDs or PPD codes are also available via websites accessible by record companies and retailers. The parties, however, submitted that they do not use such websites. Nevertheless many retailers acknowledged that they partly use pricing information from one major to negotiate with other majors. As a result, although it seems possible for Sony BMG to collect PPD information through contacts with retailers, the information that could be gathered in this way would likely be incomplete and its reliability would be dubious. It cannot therefore be concluded that PPDs can be reliable focal point for a theory of coordination.

| 40. | Discounts are even less transparent. They are negotiated directly by each major with each customer on a bilateral basis. Although retailers use commercial information from one major to negotiate with its competitors, the majority of retailers acknowledge that majors do not know each other's discounts. Contracts signed between the majors and retailers generally contain different clauses in terms of discount structure and discount rates. It could be argued that file discounts granted to customers are very stable year on year and might be more easily observable. Nevertheless the Commission investigation also found it was not possible to derive any recurrent predictable pattern for the way in which the different majors apply campaign discounts and campaign discount levels to different retailers (for new albums as well as for mature catalogue albums). In addition, these campaign discounts are only partly observable at the retail level as campaign discounts can aim at pushing retailers to build stock or to grant better visibility to albums. They are not systematically passed on to final consumers and as such are not systematically observable with regard to their application. They are even less observable with regard to their magnitude. It can be concluded that the limited transparency of discounts renders any monitoring of a tacit coordination very difficult. |
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40.

Discounts are even less transparent. They are negotiated directly by each major with each customer on a bilateral basis. Although retailers use commercial information from one major to negotiate with its competitors, the majority of retailers acknowledge that majors do not know each other's discounts. Contracts signed between the majors and retailers generally contain different clauses in terms of discount structure and discount rates. It could be argued that file discounts granted to customers are very stable year on year and might be more easily observable. Nevertheless the Commission investigation also found it was not possible to derive any recurrent predictable pattern for the way in which the different majors apply campaign discounts and campaign discount levels to different retailers (for new albums as well as for mature catalogue albums). In addition, these campaign discounts are only partly observable at the retail level as campaign discounts can aim at pushing retailers to build stock or to grant better visibility to albums. They are not systematically passed on to final consumers and as such are not systematically observable with regard to their application. They are even less observable with regard to their magnitude. It can be concluded that the limited transparency of discounts renders any monitoring of a tacit coordination very difficult.

| 41. | With regard to the possibility to reverse-engineer the net wholesale price of CD albums from their retail prices, the market investigation showed that after the release of a new album, the retailer mark-ups are impacted by a variety of factors and are therefore not regular. Even for new releases, where mark-ups applied by retailers are more stable, the investigation showed that the level of transparency would not allow deducing the net wholesale prices of competitors' albums with a sufficient precision. This implies that reverse-engineering is very difficult for albums in general, as confirmed by a majority of retailers. |
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41.

With regard to the possibility to reverse-engineer the net wholesale price of CD albums from their retail prices, the market investigation showed that after the release of a new album, the retailer mark-ups are impacted by a variety of factors and are therefore not regular. Even for new releases, where mark-ups applied by retailers are more stable, the investigation showed that the level of transparency would not allow deducing the net wholesale prices of competitors' albums with a sufficient precision. This implies that reverse-engineering is very difficult for albums in general, as confirmed by a majority of retailers.

| 42. | In conclusion, the investigation indicates that the level of transparency that characterises PPDs, discounts and mark-ups applied to retail prices does not allow verifying that the other majors are respecting any commonly agreed pricing policy for all albums, or even during the period after initial release. |
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42.

In conclusion, the investigation indicates that the level of transparency that characterises PPDs, discounts and mark-ups applied to retail prices does not allow verifying that the other majors are respecting any commonly agreed pricing policy for all albums, or even during the period after initial release.

Retaliation

| 43. | The only two forms of retaliation that have been proposed to the Commission are either the exclusion of the deviating company from compilation joint ventures or other joint activities, and second the termination of the tacitly coordinated behaviour with respect to prices and releases of albums. The Commission did not identify in any affected country any action that could be considered as retaliation via exclusion of compilation deals or as activities that were intended as retaliating returns to competitive behaviour. Although the threat to apply a credible retaliation mechanism can constitute a sufficient deterrent mechanism, the absence of such observations in circumstances where there has been no observable alignment consistent with terms of coordination confirms that such mechanisms would not constitute credible means of retaliation. |
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43.

The only two forms of retaliation that have been proposed to the Commission are either the exclusion of the deviating company from compilation joint ventures or other joint activities, and second the termination of the tacitly coordinated behaviour with respect to prices and releases of albums. The Commission did not identify in any affected country any action that could be considered as retaliation via exclusion of compilation deals or as activities that were intended as retaliating returns to competitive behaviour. Although the threat to apply a credible retaliation mechanism can constitute a sufficient deterrent mechanism, the absence of such observations in circumstances where there has been no observable alignment consistent with terms of coordination confirms that such mechanisms would not constitute credible means of retaliation.

Reaction of competitors and customers

| 44. | It appears that independent record companies are unlikely to be able to effectively react and jeopardise the expected outcome from any coordinated behaviour between majors. On the other hand, there seems to be enough, and increasing, scope for at least a sizeable proportion of customers to be able to destabilise coordination by majors by reducing purchases and advertising on their products. It is therefore unlikely that coordination (which the Commission found no indication of in the market investigation) could be sustained under such circumstances. |
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44.

It appears that independent record companies are unlikely to be able to effectively react and jeopardise the expected outcome from any coordinated behaviour between majors. On the other hand, there seems to be enough, and increasing, scope for at least a sizeable proportion of customers to be able to destabilise coordination by majors by reducing purchases and advertising on their products. It is therefore unlikely that coordination (which the Commission found no indication of in the market investigation) could be sustained under such circumstances.

Conclusion

| 45. | In conclusion, the market investigation did not find evidence regarding coordination at the level of the selection of PPDs. The analysis of the discount stability suggests, even under the assumption of full transparency of PPDs, that most of the time a significant number of sales transactions do not follow a simple and stable discount pattern that could be inferred by a knowledgeable market participant based on public information. PPDs are only partially transparent, and there are indications that it is not possible to reverse engineer net wholesale prices from retail prices with the necessary level of certainty. |
| --- | --- |

45.

In conclusion, the market investigation did not find evidence regarding coordination at the level of the selection of PPDs. The analysis of the discount stability suggests, even under the assumption of full transparency of PPDs, that most of the time a significant number of sales transactions do not follow a simple and stable discount pattern that could be inferred by a knowledgeable market participant based on public information. PPDs are only partially transparent, and there are indications that it is not possible to reverse engineer net wholesale prices from retail prices with the necessary level of certainty.

2.3.   Conclusion

| 46. | The Commission investigation established that the merger has neither led nor will lead to the creation or strengthening of a collective dominant position of the four remaining majors in the markets for the physical recording of music in any of the EEA countries, as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it. |
| --- | --- |

46.

The Commission investigation established that the merger has neither led nor will lead to the creation or strengthening of a collective dominant position of the four remaining majors in the markets for the physical recording of music in any of the EEA countries, as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it.

VI.   CONCLUSION

| 47. | The decision concludes that the proposed concentration will not significantly impede effective competition, by creating or strengthening a dominant position, in the Common Market or in a substantial part of it. Consequently, the concentration is declared compatible with the Common Market and the EEA Agreement, in accordance with Article 8(2) of the Regulation (EEC) No 4064/89 and Article 57 of the EEA Agreement. |
| --- | --- |

47.

The decision concludes that the proposed concentration will not significantly impede effective competition, by creating or strengthening a dominant position, in the Common Market or in a substantial part of it. Consequently, the concentration is declared compatible with the Common Market and the EEA Agreement, in accordance with Article 8(2) of the Regulation (EEC) No 4064/89 and Article 57 of the EEA Agreement.

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(1)  OJ L 395, 30.12.1989, p. 1.

(2)  T-464/04 (Impala/Commission). The notifying parties have lodged an appeal against the CFI judgment (C-413/06 P).

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NOTICES FROM MEMBER STATES

| 16.4.2008 | EN | Official Journal of the European Union | C 94/29 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/29

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid

(Text with EEA relevance)

(2008/C 94/10)

| Aid No | XR 16/08 |
| --- | --- |
| Member State | Poland |
| Region | Lubuskie |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Program pomocy regionalnej na wspieranie nowych inwestycji i na tworzenie nowych miejsc pracy związanych z nową inwestycją, przeznaczonych dla przedsiębiorców prowadzących działalność gospodarczą na terenie miasta Gorzowa Wlkp. oraz na terenie specjalnych stref ekonomicznych usytuowanych w obrębie miasta Gorzowa Wlkp. |
| Legal basis | Ustawa z dnia 12 stycznia 1991 roku o podatkach i opłatach lokalnych (tekst jedn. z 2006 r. Dz.U. nr 121, poz. 844 ze zm.).
  Uchwała nr XI/158/2007 Rady Miasta Gorzowa Wlkp. z dnia 23 maja 2007 r. w sprawie programu pomocy regionalnej na wspieranie nowych inwestycji i na tworzenie nowych miejsc pracy związanych z nową inwestycją, przeznaczonych dla przedsiębiorców prowadzących działalność gospodarczą na terenie miasta Gorzowa Wlkp. oraz na terenie specjalnych stref ekonomicznych usytuowanych w obrębie miasta Gorzowa Wlkp. |
| Type of measure | Aid scheme |
| Annual budget | PLN 1 million |
| Maximum aid intensity | 50 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 9.6.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Prezydent Miasta Gorzowa Wlkp. |
| ul. Sikorskiego 3-4 |
| PL-66-400 Gorzów Wlkp. |
| Tel. (48-95) 721 95 27 |
| wojnicka@um.gorzow.pl |

Aid No

XR 16/08

Member State

Poland

Region

Lubuskie

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

Program pomocy regionalnej na wspieranie nowych inwestycji i na tworzenie nowych miejsc pracy związanych z nową inwestycją, przeznaczonych dla przedsiębiorców prowadzących działalność gospodarczą na terenie miasta Gorzowa Wlkp. oraz na terenie specjalnych stref ekonomicznych usytuowanych w obrębie miasta Gorzowa Wlkp.

Legal basis

Ustawa z dnia 12 stycznia 1991 roku o podatkach i opłatach lokalnych (tekst jedn. z 2006 r. Dz.U. nr 121, poz. 844 ze zm.).

Uchwała nr XI/158/2007 Rady Miasta Gorzowa Wlkp. z dnia 23 maja 2007 r. w sprawie programu pomocy regionalnej na wspieranie nowych inwestycji i na tworzenie nowych miejsc pracy związanych z nową inwestycją, przeznaczonych dla przedsiębiorców prowadzących działalność gospodarczą na terenie miasta Gorzowa Wlkp. oraz na terenie specjalnych stref ekonomicznych usytuowanych w obrębie miasta Gorzowa Wlkp.

Type of measure

Aid scheme

Annual budget

PLN 1 million

Maximum aid intensity

50 %

In conformity with Article 4 of the Regulation

Date of implementation

9.6.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Prezydent Miasta Gorzowa Wlkp.

ul. Sikorskiego 3-4

PL-66-400 Gorzów Wlkp.

Tel. (48-95) 721 95 27

wojnicka@um.gorzow.pl

Internet address of the publication of the aid scheme

http://www.wojewodalubuski.pl/download.php?what=../dzienniki/2007/duwl52.pdf

Other information

—

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 16.4.2008 | EN | Official Journal of the European Union | C 94/30 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/30

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Prior notification of a concentration

(Case COMP/M.5123 — Autogrill/World Duty Free)

(Text with EEA relevance)

(2008/C 94/11)

| 1. | On 7 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Autogrill SpA (‘Autogrill’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of World Duty Free Limited (‘WDF’, United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 7 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Autogrill SpA (‘Autogrill’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of World Duty Free Limited (‘WDF’, United Kingdom) by way of purchase of shares.

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






  — | for Autogrill: food, beverage and retail travel services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Autogrill: food, beverage and retail travel services,

| — | for WDF: retail travel services. |
| --- | --- |

—

for WDF: retail travel services.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5123 — Autogrill/World Duty Free, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5123 — Autogrill/World Duty Free, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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| 16.4.2008 | EN | Official Journal of the European Union | C 94/31 |
| --- | --- | --- | --- |

16.4.2008

EN

Official Journal of the European Union

C 94/31

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Prior notification of a concentration

(Case COMP/M.5099 — Arrow Electronics/Logix)

(Text with EEA relevance)

(2008/C 94/12)

| 1. | On 8 April 2008, 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 Arrow Electronics, Inc. (‘Arrow’, United States of America) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Logix SA (‘Logix’, France) by way of purchase of shares. |
| --- | --- |

1.

On 8 April 2008, 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 Arrow Electronics, Inc. (‘Arrow’, United States of America) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Logix SA (‘Logix’, France) by way of purchase of shares.

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






  — | for Arrow Electronics: wholesale distribution of electronic components and IT products in the Americas, Europe and the Asia/Pacific region, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Arrow Electronics: wholesale distribution of electronic components and IT products in the Americas, Europe and the Asia/Pacific region,

| — | for Logix: wholesale distribution of IT products in France, Poland, the Benelux region, the Nordic region, Israel and Morocco. |
| --- | --- |

—

for Logix: wholesale distribution of IT products in France, Poland, the Benelux region, the Nordic region, Israel and Morocco.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5099 — Arrow Electronics/Logix — to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5099 — Arrow Electronics/Logix — to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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16.4.2008

| 16.4.2008 | EN | Official Journal of the European Union | C 94/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 94/s3

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NOTICE

On 16 April 2008, in Official Journal of the European Union C 94 A, the ‘Common catalogue of varieties of agricultural plant species — Third supplement to the 26th complete edition’ will be published.

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