ddrg/super_eurlex huggingface dataset:
(50)

As regard the fourth assertion of the Czech authorities, the Commission would observe that, at the time of preparation of the valuation reports respectively ordered by INH and the State in the first quarter of 2004, INH's profit for the full year 2003 was not yet known but could be estimated on the basis of the figures of the first quarters which were already known. Accordingly, the forecast net profits for the full year 2003 included in both valuation reports are of similar magnitude. On the basis of the net profit they forecast for 2003, a price per share of CZK 550 gives a P/E equal to around 1,5. (The Czech authorities calculated the P/E ratio of 1,25 on the basis of the effective profit, which was not known at that time and which turned out to be better than forecast by both experts, hence the lower P/E ratio.) The latter figure is very low. A market economy investor will value a company at such a depressed price only if he has exceptionally negative expectations for the growth of the net income in the future. The Commission would observe that the expert hired by INH indeed considers that the net profit achieved in 2003 is very exceptional and anticipates that profits will decrease by two thirds over the coming years. In other words, this expert anticipates for the years after 2003 a nearly complete return to the 2002 profit level (CZK 0,9 billion), a period when INH was still suffering from weak management and a lack of investment following from State ownership. The expert forecasts low sales growth and limited cost reductions. The Commission would observe that the valuation report does not clearly explain why LNM, which took control of INH at the beginning of 2003, would be inefficient at restructuring the company, at reducing the operating and input costs, and at developing more profitable products and business relations. In comparison, the price of CZK 1 250 calculated by the expert hired by the State, KPMG, gives a P/E between 3 and 3,5. This is at the bottom of the P/E range observed on the financial markets at that time for steel producers. This low ratio reflects a prudent forecast for the growth of profit. KPMG indeed foresees a (limited) decline in profit after 2003. KPMG therefore acknowledges, like the expert hired by INH, the favourable situation on the steel market in 2003 and its cyclical nature. However, KPMG also anticipates that, under the control of LNM, the operational restructuring of the formerly State-owned company will continue, cheaper sources of inputs will be found thanks to the integration in a large steel group, and production will be reoriented towards higher-added-value products. In conclusion, the Commission agrees that a market economy investor would have considered the price of CZK 550 as underestimated given the fact that it corresponds to an exceptionally low P/E, which is difficult to justify on the basis of the expected improvement in the financial performance of the company which could reasonably be expected following its privatisation and the investment and restructuring programme launched by its new private shareholder.
EN Official Journal of the European Union L 196/48

POLITICAL AND SECURITY COMMITTEE DECISION DARFUR/6/2007

of 18 July 2007

appointing a Military Advisor to the European Union Special Representative for Sudan

(2007/537/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union missions in the Darfur region of Sudan (1), and in particular Article 4 thereof,

Whereas:

(1) On 19 April 2007, the Council adopted Decision 2007/238/CFSP (2) appointing Torben BRYLLE as the European Union Special Representative (EUSR) for Sudan.

(2) The EUSR for Sudan ensures, inter alia, the coordination and coherence of the Union’s contributions to the African Union mission in the Darfur region of Sudan (AMIS). In accordance with Article 5(2) of Joint Action 2005/557/CFSP, an EU Coordination Cell in Addis Ababa under the authority of the EUSR, comprised of a political advisor, a military advisor and a police advisor, manages day-to-day coordination with all relevant EU actors and with the Administrative Control and Management Centre within the chain of command of the African Union in Addis Ababa in order to ensure coherence and timely EU support to AMIS.

(3) By Article 4 of Joint Action 2005/557/CFSP the Council authorised the Political and Security Committee to appoint the military advisor to the EUSR upon a proposal from the Secretary-General/High Representative (SG/HR) based on a recommendation from the EUSR.

(4) The SG/HR, following the recommendation of the EUSR, has proposed that Colonel Michel BILLARD be appointed as the new Military Advisor to the EUSR.

(5) In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the elaboration and implementation of decisions and actions of the European Union which have defence implications,

HAS DECIDED AS FOLLOWS:

Article 1

Colonel Michel BILLARD is hereby appointed Military Advisor to the EUSR for Sudan.

Article 2

This Decision shall take effect on 24 July 2007.

Done at Brussels, 18 July 2007. For the Political and Security Committee The Chairperson C. DURRANT PAIS

(1) OJ L 188, 20.7.2005, p. 46. Joint Action as amended by Joint Action 2007/245/CFSP (OJ L 106, 24.4.2007, p. 65).

(2) OJ L 103, 20.4.2007, p. 52.
(10)

In respect of consumer letters (CtC and CtB addressed letter services, domestic and international), Finland Post has a market share of 100 %. For business letters, its estimated market share varies between 85 % (for BtB addressed letter services, domestic and international) and 95 % (for BtC addressed letter services, domestic and international), with none of its competitors having obtained an estimated market share exceeding 10 %. According to the available information, Finland Post's market shares for international addressed letter services (inbound and outbound letters) are the same as for purely domestic services. According to the Finnish authorities, those services are directly exposed to competition, first because of competitive pressure from the possibility to substitute ‘traditional’ paper-based letter services with electronic means of communication (such as e-mail or SMS) and, second, because the existing unrestricted access to the market exposes it to potential competition from possible newcomers. In respect of substitution, it should be noted that according to EC competition rules, substitutability should be analysed, inter alia, on the basis of product characteristics, price of the products and barriers associated with the switching of demand to potential substitutes. It appears that the characteristics of paper-based mail and of electronic communications differ significantly and that there is a significant barrier to switching between paper-based mail and electronic mail (3). This indicates that electronic communications belong to a different product market and therefore they cannot exercise a direct competitive restraint on Finland Post's addressed letter services. Furthermore, it would seem that the main effect of the increased use of electronic mail would substantially reduce the overall size of the paper-based mail market, rather than introduce competition within it. For example, according to the information supplied, the response by Finland Post to an increased marketing of e-invoicing by Finland's banks was to offer its own electronic services and not take any initiative concerning ‘traditional’, paper-based communications. Second, as to the potential competition, it is significant that the entire postal sector has been opened to competition since 1994 and that this has until now only resulted in competitors gaining an aggregate estimated market share of just 15 % even in the most readily competitive segment (BtB addressed letter services, domestic and international). As a result, there is no indication that the potential competition will play any significant role in the foreseeable future. Consistent with conclusions of the independent national authority, Kilpailuvirasto/Konkurrensverket (the Finnish Competition Authority), it should be concluded that the services examined in this recital are not directly exposed to competition in Finland. Therefore Article 30(1) of Directive 2004/17/EC does not apply to contracts intended to enable the pursuit of those activities in Finland.
EN Official Journal of the European Union L 335/59

COMMISSION DECISION

of 13 December 2007

on the continuation in the year 2008 of Community comparative trials and tests on seeds and propagating material of Asparagus officinalis under Council Directive 2002/55/EC started in 2005

(Text with EEA relevance)

(2007/853/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1),

Having regard to Commission Decision 2005/5/EC of 27 December 2004 setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009 (2), and in particular Article 3 thereof,

Whereas:

(1) Decision 2005/5/EC sets out the arrangements for the comparative trials and tests to be carried out under Council Directive 2002/55/EC as regards Asparagus officinalis from 2005 to 2009.

(2) Trials and tests carried out in 2005, 2006 and 2007 should be continued in 2008,

HAS DECIDED AS FOLLOWS:

Sole Article

Community comparative trials and tests which began in 2005 on seeds and propagating material of Asparagus officinalis shall be continued in 2008 in accordance with Decision 2005/5/EC.

Done at Brussels, 13 December 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 193, 20.7.2002, p. 33. Directive as last amended by Commission Directive 2006/124/EC (OJ L 339, 6.12.2006, p. 12).

(2) OJ L 2, 5.1.2005, p. 12.
EN Official Journal of the European Union L 163/53

Corrigendum to Commission Decision 2008/269/EC of 19 March 2008 amending Decision 2001/618/EC to include the departments of Côtes-d’Armor, Finistère, Ille-et-Vilaine, Morbihan and Nord, France, in the list of regions free of Aujeszky’s disease

( Official Journal of the European Union L 85 of 27 March 2008 )

The publication of Decision 2008/269/EC should be considered as null and void.
EN Official Journal of the European Union L 8/12

COUNCIL DECISION

of 6 December 2007

appointing a Finnish alternate member to the Committee of the Regions

(2008/34/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Finnish Government,

Whereas:

(1) On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) One alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Håkan NORDMAN,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Martina MALMBERG, chair of the municipal council of Inkoo, is hereby appointed alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 6 December 2007. For the Council The President A. COSTA

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union C 14/21

COUNCIL DECISION

of 15 October 2007

of appointing the United Kingdom member of the Governing Board of the European Centre for the Development of Vocational Training

(2008/C 14/07)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted by the United Kingdom Government,

Whereas:

(1) By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

(2) A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms Pauline CHARLES.

(3) The United Kingdom member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

I. GOVERNMENT REPRESENTATIVE

UNITED KINGDOM: Ms Nicola SAMS

Done at Luxembourg, 15 October 2007. For the Council The President L. AMADO

(1) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

(2) OJ C 240, 5.10.2006, p. 1.
EN Official Journal of the European Union L 36/5

COMMISSION DECISION

of 1 February 2008

adjusting the thresholds referred to in Article 157(b) and Article 158(1) of Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial Regulation

(2008/102/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Article 271 thereof,

Whereas:

(1) Article 271(2) of Regulation (EC, Euratom) No 2362/2002 stipulates that the thresholds applicable to public procurement contracts are to be adjusted every two years pursuant to the provisions of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2).

(2) The euro equivalents of the thresholds fixed in Directive 2004/18/EC which are to be applied from 1 January 2008 have been published in the Official Journal,

HAS DECIDED AS FOLLOWS:

Article 1

The euro equivalents of the thresholds applicable to public procurement contracts shall be adjusted as set out below, with effect from 1 January 2008:

(EUR) Two-yearly adjustment Threshold at 1.1.2006 Threshold at 1.1.2008 Article 157(b) 5 278 000 5 150 000 Article 158(1)(a) 137 000 133 000 Article 158(1)(b) 211 000 206 000 Article 158(1)(c) 5 278 000 5 150 000

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall be notified to the other institutions and bodies by the Commission.

Done at Brussels, 1 February 2008. For the Commission Dalia GRYBAUSKAITĖ Member of the Commission

(1) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

(2) OJ L 134, 30.4.2004, p. 114. Directive as last amended by Commission Regulation (EC) No 1422/2007 (OJ L 317, 5.12.2007, p. 34).
EN Official Journal of the European Union L 24/42

COUNCIL DECISION

of 20 December 2007

amending the Protocol on the Statute of the Court of Justice

(2008/79/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 245 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 160 thereof,

Having regard to the request of the Court of Justice of 11 July 2007,

Having regard to the opinion of the Commission of 20 November 2007,

Having regard to the opinion of the European Parliament of 29 November 2007,

Whereas:

Provision should be made to allow derogations from certain provisions of the Protocol on the Statute of the Court of Justice with regard to the procedure governing urgent references for a preliminary ruling concerning the area of freedom, security and justice, and it is appropriate, for the sake of good order, that the provision authorising such derogations should also refer to the expedited and accelerated procedures laid down in the Rules of Procedure of the Court of Justice,

HAS DECIDED AS FOLLOWS:

Article 1

The following Article shall be inserted after Article 23 of the Protocol on the Statute of the Court of Justice:

‘Article 23a The Rules of Procedure may provide for an expedited or accelerated procedure and, for references for a preliminary ruling relating to the area of freedom, security and justice, an urgent procedure. Those procedures may provide, in respect of the submission of statements of case or written observations, for a shorter period than that provided for by Article 23, and, in derogation from the fourth paragraph of Article 20, for the case to be determined without a submission from the Advocate General. In addition, the urgent procedure may provide for restriction of the parties and other interested persons mentioned in Article 23, authorised to submit statements of case or written observations and, in cases of extreme urgency, for the written stage of the procedure to be omitted.’

Article 2

This Decision shall enter into force on the first day of the second month following its publication in the Official Journal of the European Union.
EN Official Journal of the European Union L 56/63

POLITICAL AND SECURITY COMMITTEE DECISION EUSEC/1/2008

of 12 February 2008

on the appointment of the Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)

(2008/171/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2007/406/CFSP of 12 June 2007 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1), and in particular Article 8 thereof,

Whereas:

(1) Pursuant to Article 8 of Joint Action 2007/406/CFSP the Council authorised the Political and Security Committee (PSC) to take subsequent decisions regarding the appointment of the Head of Mission.

(2) By virtue of Article 5 of Joint Action 2007/406/CFSP, Pierre Michel JOANA was appointed Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo.

(3) On 19 December 2007 Pierre Michel JOANA presented his resignation as Head of Mission.

(4) The Secretary General/High Representative has proposed the appointment of Michel SIDO as the new Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo,

HAS DECIDED AS FOLLOWS:

Article 1

Michel SIDO is hereby appointed Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo.

Article 2

This Decision shall take effect on 1 March 2008.

Done at Brussels, 12 February 2008. For the Political and Security Committee The Chairperson M. IPAVIC

(1) OJ L 151, 13.6.2007, p. 52.
EN Official Journal of the European Union L 59/12

COUNCIL DECISION

of 25 February 2008

concerning the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt

(2008/180/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3),

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1) The Commission has negotiated, on behalf of the Community, an Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt (the Agreement).

(2) Subject to possible conclusion at a later date, the Agreement initialled on 4 March 2004 was signed on 21 June 2005, with a provisional application upon its signature.

(3) The Agreement is based on the principles of mutual benefit, reciprocal opportunities for access to each other’s programmes and activities relevant to the purpose of the Agreement, non-discrimination, the effective protection of intellectual property, and equitable sharing of intellectual property rights. Participation in indirect actions of legal entities established in the Arab Republic of Egypt shall be subject to the terms and conditions for legal entities in third countries established by a decision taken by the European Parliament and the Council according to Article 167 of the Treaty, Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and other applicable Community legislation.

(4) The Agreement should be concluded in such a way that the languages of all Member States are authentic. This will be done via an Exchange of Letters.

(5) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt (3) is hereby approved on behalf of the Community.

Article 2

The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 7 of the Agreement and shall be authorised to approve with the Arab Republic of Egypt, via an Exchange of Letters, that the text of the Agreement is authentic in all the languages of the Member States following the accessions of 2004 and 2007.

Done at Brussels, 25 February 2008. For the Council The President A. VIZJAK

(1) Opinion of 29 November 2007 (not yet published in the Official Journal).

(2) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(3) OJ L 182, 13.7.2005, p. 12.