ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 101/54

Final report of the Hearing Officer in Case COMP/M.4647 — AEE/Lentjes

(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)

2009/C 101/07

On 29 June 2007, Austrian Energy & Environment AG (‘AEE’) sent a notification to the Commission of the intended acquisition of control over Lentjes GmbH (‘Lentjes’), following a referral under Article 4(5) of the Merger Regulation.

Upon examination of the notification, the Commission concluded that the notified operation raised serious doubts as to the compatibility of the notified acquisition with the common market with regard to the market for municipal waste incineration plants. On 3 August 2007, the Commission opened an in-depth investigation into this proposed merger of two suppliers of waste-to-energy plants.

Access to key documents was provided to the notifying party on 7 August 2007, in accordance with paragraph 45 of Competition DG's Best Practices on the conduct of EC merger control proceedings.

On the basis of the additional evidence gathered during the phase II investigation, the Commission services concluded that the proposed transaction would not significantly impede effective competition in the common market or a substantial part thereof and is therefore compatible with the common market and the EEA Agreement. Accordingly, no Statement of Objections was sent to the notifying party.

The Parties did not refer to me any concerns in terms of due process.

In the light of the above, I consider that the rights to be heard of all participants to the present proceeding have been respected.
7.

The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed transaction does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement.
The Advisory Committee agrees with the Commission that, subject to full compliance with the undertakings offered by the parties, the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with Articles 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement.
7.

The majority of the Advisory Committee agrees with the Commission's granting of a reduction, as well as on the amount of the reduction, to one undertaking on the basis of its inability to pay and other particular circumstances concerning its individual situation. A minority abstains.
The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments submitted by the parties, the proposed transaction does not significantly impede effective competition in the Common Market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation, and that the proposed concentration should therefore be declared compatible with the Common Market and with the EEA Agreement.

A minority abstains.
6.

The bids should include the data and information specified in Articles 32 to 35 of the Implementing Rules for Law No 238/2004 on petroleum, approved by Government Decision No 2075/2004. When drawing up their bids, interested legal persons can access the data and geological information made available by the National Agency for Mineral Resources in accordance with Article 26(3)(c) to (g) of the Implementing Rules for Law No 238/2004 on petroleum, approved by Government Decision No 2075/2004. The data and geological information can be accessed by sending a written request addressed to the Chairman of the National Agency for Mineral Resources, after signature of a confidentiality agreement and payment of the legal fees for acquisition of the data package and the fees for consultation and use of information belonging to the National Geological Data Fund.
EN Official Journal of the European Union C 73/40

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

2010/C 73/11

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in a segment of block D12 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245). The area in question is to be designated block segment D12b.

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block segment D12b of the Dutch continental shelf.

Block segment D12b is delimited by the parallel arcs between vertex pairs B-C and D-E and passing through vertex F, by the meridian arcs between vertex pairs C-D and E-F, by the great circle between vertex pairs A and B and by the boundary of the Dutch portion of the continental shelf between vertices A and G.

The coordinates of the vertices are as follows:

Vertex ° ′ ″ E ° ′ ″ N A 2 49 14,424 54 28 58,850 B 2 52 0,000 54 24 54,000 C 2 47 18,000 54 24 54,000 D 2 47 18,000 54 22 14,000 E 2 49 23,000 54 22 14,000 F 2 49 23,000 54 20 0,000 G the intersection of the meridian arc passing through vertex F and the boundary of the Dutch portion of the continental shelf

The above-mentioned vertices are defined by their geographical coordinates, calculated according to the European Terrestrial Reference System.

Block segment D12b covers an area of 40,5 km2.

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

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

De Minister van Economische Zaken ter attentie van J.C. De Groot, directeur Energiemarkt ALP/562 Bezuidenhoutseweg 30 Postbus 20101 2500 EC Den Haag NEDERLAND

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken no later than 12 months after this period has expired.

Further information can be obtained by calling Mr E.J. Hoppel on the following telephone +31 703797088.
EN Official Journal of the European Union C 236/10

DECISION No 292

of 11 May 2010

terminating the procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-7 ‘Tarnak’, located in the provinces of Vratsa and Pleven

2010/C 236/09

REPUBLIC OF BULGARIA

COUNCIL OF MINISTERS

Pursuant to Article 50(2), in conjunction with Articles 23(4) and 46(2)(2), of the Subsurface Resources Act and having regard to an infringement noted in the conduct of the procedure, resulting in a tenderer who does not meet the mandatory requirements laid down in the Subsurface Resources Act and the tender dossier being deemed eligible to take part in the procedure,

THE COUNCIL OF MINISTERS HAS DECIDED THAT:

1. The procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-7 ‘Tarnak’, located in the provinces of Vratsa and Pleven, shall be terminated.

2. The Minister for the Economy, Energy and Tourism shall take the necessary steps to return the deposits to the tenderers after this Decision has entered into force.

3. This Decision shall be subject to appeal before the Supreme Administrative Court within 14 days following its communication to the tenderers.
EN Official Journal of the European Union C 280/37

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

2010/C 280/11

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in a segment of block P18 as indicated on the map attached as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245). The area in question is to be designated block segment P18b.

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block segment P18b of the Dutch continental shelf.

Block segment P18b is delimited by the parallel arcs between vertex pairs A-B and H-I, the meridian arc between vertices B-C, G-H and A-I, by the great circles between vertices C-D and E-F, by arc 1 through points D and E and arc 2 through points F and G.

The coordinates of the vertices are as follows:

vertex ° ′ ″ O.L. ° ′ ″ N.B. A 3 40 0,000 52 10 0,000 B 3 47 0,000 52 10 0,000 C 3 47 0,000 52 4 21,072 D 3 47 16,385 52 4 16,801 E 3 51 32,620 52 6 15,485 F 3 51 40,829 52 6 37,449 G 4 0 0,000 52 4 48,172 H 4 0 0,000 52 0 0,000 I 3 40 0,000 52 0 0,000

Arc 1 has a centre with coordinates 3° 54′ 0,000″ O.L., 52° 1′ 30,000″ N.B. and a radius of 5 nautical miles.

Arc 2 has a centre with coordinates 3° 53′ 34,000″ O.L., 52° 1′ 46,000″ N.B. and a radius of 5 nautical miles.

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

Block segment P18b covers an area of 313,2 km2.

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

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

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

Applications received after the expiry of this period will not be considered.

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

Further information can be obtained by calling Mr E. J. Hoppel on the following telephone +31 703797088.
EN Official Journal of the European Union C 74/7

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

2011/C 74/05

The Minister for Economic Affairs, Agriculture and Innovation hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block E5 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs, Agriculture and Innovation hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block E5 of the Dutch continental shelf.

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

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

De minister van Economische Zaken, Landbouw en Innovatie ter attentie van dhr. P. Jongerius, directie Energiemarkt ALP/562 Bezuidenhoutseweg 30 Postbus 20101 2500 EC Den Haag NEDERLAND

Applications received after the expiry of this period will not be considered.

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

Further information can be obtained by calling Mr E. J. Hoppel on the following telephone number: +31 703797088.
4.

The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 65(1) of the ECSC Treaty.
EN Official Journal of the European Union C 295/10

Publication of the final accounts for the financial year 2010

2011/C 295/06

The complete version of the final accounts may be found at the following address:

http://www.eda.europa.eu/
5.

The Advisory Committee agrees with the Commission's assessment that the notified transaction, as originally proposed by the notifying parties, would lead to a significant impediment of effective competition in the following markets: — non-anatomic plating systems in Denmark, Norway, Slovenia, Sweden and the UK, — anatomic wrist plating systems in Norway, Portugal, Spain, Sweden and the UK, — anatomic shoulder plating systems in Portugal, Sweden and the UK, — anatomic ankle plating systems in France, Germany, Portugal and the UK, — anatomic knee plating systems in the Czech Republic, Portugal and Slovenia, — anatomic elbow plating systems in Portugal, and — cannulated screws (irrespective of whether cancellous cannulated screws are considered being a separate market or not) in Austria, Belgium, Estonia, France, Latvia, Luxembourg, the Netherlands, Slovenia, Spain and the UK.
EN Official Journal of the European Union C 66/4

Final report of the Hearing Officer (1)

COMP/M.6314 — Telefónica UK/Vodafone UK/Everything Everywhere/JV

2013/C 66/03

On 6 March 2012, the European Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation (2) by which Telefónica UK Limited, Vodafone Group plc, and Everything Everywhere Limited (jointly controlled by France Télécom and Deutsche Telekom), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created joint venture company, which will offer various mobile commerce services to businesses in the United Kingdom. The Commission adopted a decision to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation on 13 April 2012.

On 14 June and 10 July 2012, I accepted requests from, respectively, Hutchinson 3G UK Limited (Three UK) and Lloyds Banking Group to be heard as interested third persons pursuant to Article 18(4) of the Merger Regulation. Three UK and Lloyds Banking Group demonstrated sufficient interest in the proceedings. The notified concentration is likely to affect their competitive position with respect to the offer of mobile wallet services in the United Kingdom. Lloyds Banking Group is also a potential customer of the future joint venture. Moreover, both parties have made a number of contributions in the course of the procedure. Accordingly, I informed the notifying parties of my decision to recognise Three UK and Lloyds Banking Group as interested third persons.

On the basis of the additional evidence gathered during the in-depth phase of the investigation, the Commission services concluded that the proposed transaction would not significantly impede effective competition in the internal market, and is therefore compatible with the internal market and the functioning of the EEA Agreement. Consequently, no statement of objections was sent to the parties.

The draft decision provides for an unconditional clearance of the proposed concentration. I have not received any complaint about the effective exercise of procedural rights by the notifying parties or other parties. The draft decision does not contain any objections on which the parties have not had the opportunity to make known their views. In view thereof, I consider that all participants in the proceeding have been able to effectively exercise their procedural rights in this case.

Brussels, 8 August 2012. Michael ALBERS

(1) Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

(2) Council Regulation (EC) No 139/2004 on the control of concentration between undertakings (OJ L 24, 29.1.2004, p. 1).
3.

The Advisory Committee agrees with the Commission’s definitions of the relevant product markets in the draft decision. In particular, concerning the product market definition, the Advisory Committee agrees that the impact of the proposed transaction must be assessed on the following markets: (a) the market for mission critical enterprise HDDs; (b) the market for 3,5″ business critical HDDs; (c) the market for 3,5″ desktop HDDs; (d) the market for 3,5″ CE HDDs; (e) the market for 2,5″ mobile HDDs; (f) the market for 2,5″ CE HDDs; and (g) the XHDD market.
4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Thomson Reuters, there are no longer grounds for action by the Commission against Thomson Reuters, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.
EN Official Journal of the European Union C 10/7

Corrigendum to Advanced Research and Technology for Embedded Intelligence and Systems Joint Undertaking — Publication of the final accounts for the financial year 2013

( Official Journal of the European Union C 408 of 15 November 2014 )

(2015/C 10/07)

On page 36:

for:

‘http://www.acer.europa.eu/The_agency/Organisation/Administrative_Board/Pages/Opinions.aspx’,

read:
7.

The Advisory Committee agrees with the Commission’s analysis of efficiencies, in particular the netting off against the estimated price increase, and the conclusion that they are not of a nature to counteract the significant impediment to effective competition resulting from the notified transaction on the markets identified in the previous point.
EN Official Journal of the European Union C 38/11

Executive Summary of the Opinion of the European Data Protection Supervisor on the Commission Proposal for a Directive of the European Parliament and the Council on electronic invoicing in public procurement

(The full text of this Opinion can be found in English, French and German on the EDPS website http://www.edps.europa.eu)

(2014/C 38/05)

1. Introduction

1. On 26 June 2013, the Commission adopted a proposal for a Directive of the European Parliament and of the Council on electronic invoicing in public procurement (‘the Proposal’) (1). On 8 July 2013, the Proposal was sent to the EDPS for consultation.

2. The objective of the Proposal is to ‘diminish market access barriers in cross-border public procurement, generated by insufficient interoperability of e-invoicing standards’ (2). To achieve this, a ‘new, common European standard would be developed and made available for use by all market operators. Acceptance by all contracting authorities of e-invoices compliant with this standard would be required in public procurement, without replacing existing technical solutions’ (3).

3. Conclusions

28. The EDPS appreciates that certain data protection issues have been taken into account in the Proposal. In this Opinion he gives recommendations on how the Proposal could be further improved from a data protection perspective.

29. In particular, the EDPS recommends: — including a substantive provision to clarify that the Proposal is not meant to provide for general derogations from data protection principles and that relevant personal data protection legislation (i.e. national rules implementing Directive 95/46/EC) remain fully applicable in the context of e-invoicing; — amending Article 3(2) of the Proposal to ensure that the European standards to be adopted will follow a ‘privacy by design’ approach and ensure that data protection requirements are taken into account, and that the standards will respect, in particular, the principles of proportionality, data minimisation and purpose limitation; — should it be the intention of the legislator to provide for the publication of personal data for purposes of transparency and accountability, including explicit substantive provisions that would specify what kind of personal data may be made public and for what purpose(s); alternatively, including a reference to EU or national law, which should, in turn, provide appropriate safeguards.

Done at Brussels, 11 November 2013. Giovanni BUTTARELLI Assistant European Data Protection Supervisor

(1) COM(2013) 449 final.

(2) Executive Summary of the Impact Assessment (SWD(2013) 223 final), Section 3.1, page 4.

(3) Idem, Section 5.3.4, page 7.