3.

Annex III is amended as follows: (a) Section A of the Introduction is replaced by the following: ‘A. The purpose of this Form This Form specifies the information that requesting parties should provide when making a reasoned submission for a pre-notification referral under Article 4(4) or (5) of Council Regulation (EC) No 139/2004 (hereinafter referred to as “the EC Merger Regulation”) (9). Your attention is drawn to the EC Merger Regulation and to Commission Regulation (EC) No 802/2004 (hereinafter referred to as “the EC Merger Implementing Regulation”), to which this Form RS is annexed. The text of these regulations, as well as other relevant documents, can be found on the Competition page of the Commission's Europa web site. Your attention is also drawn to the corresponding provisions of the Agreement on the European Economic Area (hereinafter referred to as “the EEA Agreement”) (10). Experience has shown that prior contacts are extremely valuable to both the parties and the relevant authorities in determining the precise amount and type of information required. Accordingly, parties are encouraged to consult the Commission and the relevant Member State/s or EFTA State/s regarding the adequacy of the scope and type of information on which they intend to base their reasoned submission. (b) In Section B of the Introduction, the last sentence of the third paragraph is replaced by the following: ‘Finally, parties should also be aware that, if a referral is made on the basis of incorrect, misleading or incomplete information included in Form RS, the Commission and/or the Member States and the EFTA States may consider making a post-notification referral rectifying any referral made at pre-notification.’ (c) In Section B of the Introduction, the first and the second sentences of point (a) are replaced by the following: ‘In accordance with Articles 4(4) and (5) of the EC Merger Regulation, the Commission is obliged to transmit reasoned submissions to the Member States and the EFTA States without delay. The time limits for considering a reasoned submission will begin upon receipt of the submission by the relevant Member State/s or EFTA State/s.’ (d) In Section B of the Introduction, the last sentence of point (d) is replaced by the following: ‘Where possible, indications as to where any of the requested information that is unavailable to you could be obtained by the Commission or the relevant Member State/s and EFTA State/s should also be provided.’ (e) In Section B of the Introduction, point (e) is replaced by the following: ‘(e) You may request that the Commission accept that the reasoned submission is complete notwithstanding the failure to provide information required by this Form, if you consider that any particular information requested by this Form may not be necessary for the Commission's or the relevant Member State/s' or EFTA State/s' examination of the case. The Commission will consider such a request, provided that you give adequate reasons why that information is not relevant and necessary to dealing with your request for a pre-notification referral. You should explain this during your prior contacts with the Commission and with the relevant Member State/s and EFTA State/s, and submit a written request for a waiver asking the Commission to dispense with the obligation to provide that information, pursuant to Article 4(2) of the EC Merger Implementing Regulation. The Commission may consult with the relevant Member State or EFTA State authority or authorities before deciding whether to accede to such a request.’ (f) In Section D of the Introduction, the second paragraph is replaced by the following: ‘In order to facilitate treatment of Form RS by Member State and EFTA State authorities, parties are strongly encouraged to provide the Commission with a translation of their reasoned submission in a language or languages which will be understood by all addressees of the information. As regards requests for referral to (a) Member State/s or (an) EFTA State/s, the requesting parties are strongly encouraged to include a copy of the request in the language/s of the Member State/s and EFTA State/s to which referral is being requested.’ (g) In Section E of the Introduction, the first paragraph is replaced by the following: ‘Article 287 of the Treaty and Article 17(2) of the EC Merger Regulation, as well as the corresponding provisions of the EEA Agreement (11) require the Commission, the Member States, the EFTA Surveillance Authority and the EFTA States, their officials and other servants not to disclose information they have acquired through the application of the Regulation of the kind covered by the obligation of professional secrecy. The same principle must also apply to protect confidentiality between notifying parties. (h) In Section 2, the following subsection 2.4.2 is added: ‘2.4.2. Provide a breakdown of the EFTA-wide turnover achieved by the undertakings concerned, indicating, where applicable, the EFTA State, if any, in which more than two-thirds of this turnover is achieved.’ (i) In Section 4, the introductory wording of Section III is replaced by the following: ‘For the purposes of the information required in this Form, affected markets consist of relevant product markets where, in the EEA territory, in the Community, in the territory of the EFTA States, in any Member State or in any EFTA State:’ (j) In Section 4, subsection 4.1 is replaced by the following: ‘4.1. Identify each affected market within the meaning of Section III: (a) at the EEA, Community or EFTA level; (b) in the case of a request for referral pursuant to Article 4(4) of the EC Merger Regulation, at the level of each individual Member State or EFTA State; (c) in the case of a request for referral pursuant to Article 4(5) of the EC Merger Regulation, at the level of each Member State or EFTA State identified at Section 6.3.1 of this Form as capable of reviewing the concentration.’ (k) In the first paragraph of Section 5, the introductory wording and points (a), (b) and (c) are replaced by the following: ‘For each affected relevant product market, for the last financial year, (a) for the EEA territory, for the Community as a whole and for the EFTA States as a whole; (b) in the case of a request for referral pursuant to Article 4(4) of the EC Merger Regulation, individually for each Member State/EFTA State where the parties to the concentration do business; and (c) in the case of a request for referral pursuant to Article 4(5) of the EC Merger Regulation, individually for each Member State/EFTA State identified at Section 6.3.1 of this Form as capable of reviewing the concentration where the parties to the concentration do business; and’ (l) In Section 6, subsection 6.2.1 is replaced by the following: ‘6.2.1. Identify the Member State/s and EFTA State/s which, pursuant to Article 4(4) of the EC Merger Regulation, you submit should examine the concentration, indicating whether or not you have made informal contact with this Member State/s and/or EFTA State/s.’ (m) In Section 6, the third paragraph of subsection 6.2.2 is replaced by the following: ‘If you are requesting referral of the whole of the case, you must confirm that there are no affected markets outside the territory of the Member State/s and EFTA State/s to which you request the referral to be made.’ (n) In Section 6, subsection 6.2.3 is replaced by the following: ‘6.2.3. Explain in what way each of the affected markets in the Member State/s and EFTA State/s to which referral is requested presents all the characteristics of a distinct market within the meaning of Article 4(4) of the EC Merger Regulation.’ (o) In Section 6, subsection 6.2.5 is replaced by the following: ‘6.2.5. In the event of a Member State/s and/or EFTA State/s becoming competent to review the whole or part of the case following a referral pursuant to Article 4(4) of the EC Merger Regulation, do you consent to the information contained in this Form being relied upon by the Member State/s and/or EFTA State/s in question for the purpose of its/their national proceedings relating to that case or part thereof? YES or NO’ (p) In Section 6, subsection 6.3.1 is replaced by the following: ‘6.3.1. For each Member State and/or EFTA State, specify whether the concentration is or is not capable of being reviewed under its national competition law. You must tick one box for each and every Member State and/or EFTA State. Is the concentration capable of being reviewed under the national competition law of each of the following Member States and/or EFTA States? You must reply for each Member State and/or EFTA State. Only indicate YES or NO for each Member State and/or EFTA State. Failure to indicate YES or NO for any Member State and/or EFTA State shall be deemed to constitute an indication of YES for that Member State and/or EFTA State. Belgium: YES NO Bulgaria: YES NO Czech Republic: YES NO Denmark: YES NO Germany: YES NO Estonia: YES NO Ireland: YES NO Greece: YES NO Spain: YES NO France: YES NO Italy: YES NO Cyprus: YES NO Latvia: YES NO Lithuania: YES NO Luxembourg: YES NO Hungary: YES NO Malta: YES NO Netherlands: YES NO Austria: YES NO Poland: YES NO Portugal: YES NO Romania: YES NO Slovenia: YES NO Slovakia: YES NO Finland: YES NO Sweden: YES NO United Kingdom: YES NO Iceland: YES NO Norway: YES NO Liechtenstein: YES NO’ (q) In Section 6, subsection 6.3.2 is replaced by the following: ‘6.3.2. For each Member State and/or EFTA State, provide sufficient financial or other data to show that the concentration meets or does not meet the relevant jurisdictional criteria under the applicable national law.’ (r) In Section 6, the following subsection 6.3.3 is added: ‘6.3.3. Explain why the case should be examined by the Commission. Explain in particular whether the concentration might affect competition beyond the territory of one Member State and/or EFTA State.’ (s) In Section 6, subsection 6.3.4 is deleted.