ddrg/super_eurlex huggingface dataset:
Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 5 February 2021 at 10:30-12:30 (CET (1)) concerning a draft decision concerning Case AT.40394 – Aspen

Rapporteur: Greece

(Text with EEA relevance)

(2021/C 435/02)

1. The Advisory Committee (15 Member States - 14 votes in favour and one abstention) shares the Commission’s concerns expressed in its draft Decision under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement.

2. The Advisory Committee (15 Member States - 13 votes in favour and two abstentions) agrees with the Commission that these proceedings can be concluded by means of a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003, as described in the draft Decision.

3. The Advisory Committee (15 Member States - 13 votes in favour and two abstentions) agrees with the Commission that the offered commitments are suitable, necessary and proportionate and should be made legally binding, as set out in the draft Decision.

4. The Advisory Committee (15 Member States - 13 votes in favour and two abstentions) agrees with the Commission’s draft Decision that, in light of the offered commitments, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

5. The Advisory Committee (15 Member States - 14 votes in favour and one abstention) recommends the publication of its Opinion in the Official Journal of the European Union.

(1) Central European Summer Time (i.e., Brussels time).
1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.
No C 244/2 Official  Journal  of the  European  Communities 14.10.  78 
List of credit  establishments  in respect  of which  certain  Member  States  have  decided 
to defer  application  of the  First  Council  Directive  of 12  December  1977  on  the 
coordination  of  laws,  regulations  and  administrative  provisions  relating  to  the 
taking  up and  pursuit  of the  business  of credit  institutions  (77/780/EEC,  Article  2 (5) 
and (6) (') 
DENMARK 
Those  associations  and  other  institutions  which  accept  deposits  and  which  then  lend 
or invest  the  funds  thus  received  or invest  them  otherwise  than  in a savings  bank  or 
a bank  (see  Section  1 (1) of Law  No  156  of 2 May  1934  on certain  savings  and  credit 
institutions),  except  where  such  institutions  are  covered  by  Law  No  199  of 2 April 
1974  on banks  or savings  banks  or by other  specific  legislation,  including  the  Law  on 
mortgage  credit  establishments  (see  codified  Law  No  233  of 25 May  1977). 
The institutions  mainly  concerned  are: 
— 'Andelskasser1  (credit  cooperatives)  ; 
— 'Bankiersvirksomhed'  (establishments  generally  formed  by  natural  persons  or by 
partnerships). 
IRELAND 
— Building  Societies; 
— Trustee  Savings  Banks; 
— The  Agricultural  Credit  Corporation  Limited; 
— The  Industrial  Credit  Company  Limited; 
— Societies  registered  under  the  Friendly  Societies  Act,  1896-1977,  which  as their  main 
activity  operate  a loan  fund  under  Section  46 of the  Friendly  Societies  Act,  1896. 
LUXEMBOURG 
The 'Association  agricoles'  (agricultural  associations)  as defined  in the  Grand-Ducal 
Decree  of 17 September  1945  amending  the  law  of 27 March  1900  on the  organization 
of agricultural  associations  ('Caisse  Centrale  des  Associations  Agricoles  luxembour-
geoises'  and  'Caisses  rurales'). 
NETHERLANDS 
— The  'Riikspostspaarbank1; 
— Establishments  financed  from  resources  maturing  for  repayment  in not  less  than 
two years  and  which  are  not  credit  establishments  in the  meaning  of the  Law  on 
credit  control  (the  establishments  concerned  are  mostly  mortgage  funds); 
(') OJ  No  L .322,  17, 12. 1977,  p. 30. 
14.10.78 Official  Journal  of the European  Communities No C 244/3 
— the commercial  banks  mainly  engaged  in consumer  credit,  and  which,  for  this 
reason,  are covered  by the Law  on consumer  credit  and  not  by the Law  on credit 
control. 
UNITED  KINGDOM 
— Trustee  Savings  Banks; 
— Building  Societies.
27.8.81 Official Journal of the European Communities No C 217/3 
Amendment to the list of competent bodies and laboratories referred to in Articles 2, 3 
and 4 of Council Regulation (EEC) No 359/79 on direct cooperation between the bodies 
designated by the Member States to verify compliance with Community and national 
provisions in the wine sector 
(Official Journal of the European Communities No C 182, 24 July 1981) 
Page 8, E. France, point 1. Competent bodies: 
in place of: 
a) Ministere de l'agriculture 
Direction de la qualite, service de la repression des fraudes 
44, boulevard de la Grenelle, 75732 Paris Cedex 15, tel. 575 62 25, 
telex: 270 700; 
read: 
a) Ministere de la consommation 
Service de la repression des fraudes 
44, boulevard de la Grenelle, 75732 Paris Cedex 15, tel. 575 62 25, 
telex: 270 700. 
Page 8, E. France, point 2. Laboratories: 
in place of: 
a) Ministere de l'agriculture: 
— Laboratoire central de recherches et d'analyses du ministere de l'agriculture 
25, avenue de la Republique, 91305 Massy, tel. 920 62 80, 920 60 94; 
read: 
a) Ministere de la consommation: 
— Laboratoire central de recherches et d'analyses du ministere de la consommation 
25, avenue de la Republique, 91305 Massy, tel. 920 62 80, 920 60 94. 
Page 3, A. Belgium, point 2. Laboratories: 
The telephone number of the laboratories central du ministere des affaires economiques: 
in place of: 02/51177 59; 
read: 02/51177 69.
28.1.83 Official Journal of the European Communities No C 23/3 
Seventh amendment to the list of agencies and laboratories which third countries have 
made responsible for completing the documents which must accompany each consignment 
of wine imported into the Community (published under Article 4 (3) of Commission 
Regulation (EEC) No 2115/76 of 20 August 1976 laying down general rules for the 
import of wines, grape juice and grape must) 
(Official Journal of the European Communities No C 1 of 1 January 1981; first 
amendment: Official Journal of the European Communities No C 30 of11 February 1981; 
second amendment: Official Journal of the European Communities No C 7 of 13 January 
1982; third amendment: Official Journal of the European Communities No C 46 of 
20 February 1982, fourth amendment: Official Journal of the European Communities 
No C 122 of 13 May 1982; fifth amendment: Official Journal of the European Communities 
No C 233 of 7 September 1982; sixth amendment: Official Journal of the European 
Communities No C 343 of 31 December 1982) 
Page 11: in connection with Spain the following laboratory is added to column 3: 
'Estacion de Viticultura y Enologia de Requena (Valencia)'. 
Commission communication under Article 115 of the EEC Treaty 
By Decision dated 25 January 1983 the Commission has authorized Ireland not to apply 
Community treatment to jerseys, pullovers, slip-overs, twinsets, cardigans, bed-jackets 
and jumpers falling within subheadings 60.05 A I and ex A II of the Common Customs 
Tariff (category 5), originating in Hong Kong and in free circulation in the other 
Member States. 
The said Decision is applicable from 8 January to 30 September 1983.
EN Official Journal of the European Communities C 273/3

Commission notice on the method for setting the reference and discount rates

(97/C 273/03)

(Text with EEA relevance)

(This notice replaces the previous notices on the method for setting the reference and discount rates, and in particular the Commission notice (1) of10 August 1996)

For the purposes of Community monitoring of State aid as required by the EC Treaty, the Commission uses various parameters, including the reference and discount rates.

Those rates are used to measure the grant equivalent of aid that is disbursed in several instalments and to calculate the aid element resulting from interest subsidy schemes for loans. They are also used in implementing the de minimis rule (2) and for the repayment of illegal aid (3).

The reference rates are supposed to reflect the average level of interest rates charged, in the various Member States, on medium and long-term loans (five to ten years) backed by normal security.

The Commission has decided to replace the current system of setting the reference rates, and to use instead one based on the five-year interbank swap rates, plus a premium.

As from 1 August 1997, the reference rates will be set as follows:

— in the case of all Member States except Italy, Portugal and Greece, the indicative rate is defined as the five-year interbank swap rate, in the relevant currency, plus a premium of 0,75 point (75 basis points), In the case of Italy and Portugal, the indicative rate is defined as the five-year interbank swap rate, in the relevant currency, plus a premium of 200 basis points. In the case of Greece, the indicative rate is defined as the one-year interbank rate (Athibor), in drachmas, plus a premium of 300 basis points;

— the reference rate is deemed to be equal to the average of the indicative rates recorded in the preceding September, October and November,

— the reference rate is adjusted again in the course of the year if it differs by more than 15 % from the average of the indicative rates recorded over the last known three months.

It should also be noted that:

— the reference rate thus determined is a floor rate which may be increased in situations involving a particular risk (for example, an undertaking in difficulty, or where the security normally required by banks is not provided). In such cases, the premium may amount to 400 basis points or more if no private bank would have agreed to grant the relevant loan,

— the Commission reserves the right, if necessary for examining certain cases, to use a shorter base rate (for example, Libor one-year rate) or a longer base rate (for example, the rate on ten-year bonds) than the five-year interbank swap rate,

— in cases where the five-year interbank swap rate is not available, the base rate will be set at the level of the rate of yield on five-year State bonds, plus a premium of 25 basis points.

Reference rates will be made known by the Commission on Internet at the following address:

http://europa.eu.int/en/comm/dg04/aid/tauxref.htm

(1) OJ C 232, 10. 8. 1996, p. 10.

(2) OJ C 68, 6. 3. 1996, p. 9.

(3) OJ C 156, 22. 6. 1995, p. 5.
Notice of the impending expiry of certain anti-dumping measures

(2000/C 271/04)

1. The Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below, as provided in Article 11(2) of Council Regulation (EC) No 384/96(1) of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as last amended by Regulation (EC) No 905/98(2).

2. Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the removal of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3. Time limit

Community producers may submit a written request for a review on the above basis, to reach the Commission of the European Communities, Directorate-General for Trade (Division C-2), rue de la Loi/Wetstraat 200, B-1049 Brussels(3), at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4. This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96 of 22 December 1995.

>TABLE>

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 128, 30.4.1998, p. 18.

(3) Telex: COMEU B 21877; fax (32-2) 295 65 05.
Decisions by Norway to grant or revoke operating licences pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers

(2001/C 99/05)

Category B: Operating licences including the restriction of Articles 5(7)(a) of Regulation (EEC) No 2407/92

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

Ben Air AS

Postboks 28, N-2061 Gardemoen

Passengers, mail, cargo

16.11.2000

CHC Helicopter Service AS

Postboks 522, N-4055 Stavanger Lufthavn

Passengers, mail, cargo

1.2.2001
Commission communication

concerning the review of the Community framework for State aid for research and development

(2001/C 78/15)

(Text with EEA relevance)

The Community framework for State aid for research and development(1) states in paragraph 9 that "the Commission will review the framework in five years' time. It may also decide to amend it at any time, in cooperation with the Member States, should it prove necessary for reasons connected with competition policy or to take account of other Community policies and international commitments".

The Commission is currently reviewing the Community framework for State aid for research and development. In order to allow time to complete this review the Commission has decided to continue to apply the current framework until such time as new rules on State aid for research and development are published or, at the latest, until 30 June 2002.

The Commission invites any interested party to submit comments on the issues to be taken into consideration during this review. Such comments, to arrive within two months of the date of this communication, should be addressed to: European Commission Directorate-General for Competition

Directorate for General Policy and Coordination

Rue de la Loi/Wetstraat 200 B - 1049 Brussel Fax (32-2) 296 98 13.

(1) OJ C 45 of 17.2.1996, p. 5, as amended by the Commission communication amending the Community framework for State aid for research and development, OJ C 48 of 13.2.1998, p. 2.
Notice to importers of certain products originating in certain developing countries qualifying for generalised tariff preferences (rules of origin - replacement certificates of origin used between the Community, Norway and Switzerland)

(2001/C 104/05)

Importers of certain products originating in certain developing countries benefiting from generalised tariff preferences are advised that Article 67(4) of Commission Regulation (EEC) No 2454/93(1), as amended by Regulation (EC) No 1602/2000(2), will apply from 1 April 2001.

From that date, products originating in certain countries qualifying for generalised tariff preferences that contain components originating in Norway or Switzerland (cumulation of origin) will be able to use the procedure laid down in Article 87 of Regulation (EEC) No 2454/93, as amended, which provides for replacement certificates of origin to simplify the transit of goods between the Community, Norway and Switzerland.

(1) OJ L 253, 11.10.1993, p. 1.

(2) OJ L 188, 26.7.2000, p. 1.
Imposition of a public service obligation pursuant to Council Regulation (EEC) No 2408/92

(2001/C 151/02)

1. Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the German Government has decided to impose a public service obligation in respect of scheduled air services on the Saarbrücken-Frankfurt/Main route with effect from 1 November 2001.

2. The public service obligation is as follows:

2.1. Minimum frequency and flight times

A regular air service providing at least three round trips each day from Monday to Friday must be maintained. Arrival times at Frankfurt/Main should be approximately 7.00, 11.30 and 20.30; return flights to the point of origin (Saarbrücken) should leave Frankfurt/Main at approximately 9.00, 13.00 and 21.30. This requirement applies throughout the year. A limited air service is possible between Christmas and the New Year.

2.2. Seating capacity

Aircraft having at least 36 passenger seats must be used for the flights involved.

2.3. Aircraft types

The aircraft type used should have a turboprop engine and a pressurised cabin with adequate headroom.

2.4. Fares

The main basic fare for a single flight between the airport reference points concerned may not exceed DEM 380 (EUR 194,29). For at least 50 % of the scheduled services market from Frankfurt/Main, there must be interline agreements in accordance with IATA rules offering through fares.

2.5. Continuity of air services

The number of flights cancelled for reasons that can be directly attributed to the air carrier may not exceed 2 % of the estimated annual number of lights.

3. If on 1 October 2001 no air carrier has submitted written proof of commencement of scheduled air services as at 1 November 2001 in accordance with the public service obligations imposed and without requesting compensation, Germany will, in accordance with Article 4(1)(d) of the abovementioned Regulation, limit access to a single air carrier and put out the right to operate such services from 1 November 2001 to tender.

Further information can be obtained from: Ministerium für Wirtschaft des Saarlandes (Saarland Ministry of Economic Affairs) Am Stadtgraben 6-8 D - 66111 Saarbrücken Tel. (06 81) 501-46 59 Fax (06 81) 501-46 64.

Durchführung von Linienflugdiensten (/Operation of scheduled air serivces).
Commission notice on the issuing of licences to railway undertakings

(2001/C 130/08)

Under Article 11(8) of Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings, the Commission is obliged to inform the Member States of the situation regarding licences issued. The main aspects of the licence issued by the office indicated in point 2 are set out below.

1. Name and address of the railway undertaking: SJ AB , S - 105 50 Stockholm

2. Issuing office: Järnvägsinspektionen (Railway Inspectorate) , Box 858 , S - 781 28 Borlänge

3. Date of the decision: 19 March 2001

First issued

>PIC FILE= "C_2001130EN.000702.EPS">

Suspended [square ]

Revoked [square ]

Amended [square ]

4. Licence No: J 01-528/81

5. Terms and conditions: -

6. Observations regarding suspensions, revocations or amendments: -

7. Other observations: -

8. Person to contact at the issuing office: (Name, telephone and fax number, e-mail address)

Ulrik Bergman , Tel. (46-243) 44 60 16 , fax (46-243) 44 60 05 , e-mail: ulrik.bergman@jarnvagsinsp.se
52001XC0626(01)

Commission notice pursuant to Articles 2 and 3 of Commission Regulation (EEC) No 3769/92 of 21 December 1992 implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances



Official Journal C 180 , 26/06/2001 P. 0006 - 0008
Notice of the expiry of certain anti-dumping measures
(2001/C 191/06)
Further to the publication of a notice of impending expiry (1), following which no request for a review was
received, the Commission gives notice that the anti-dumping measures mentioned below will shortlyexpire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22
December 1995 (
2) on protection against dumped imports from countries not members of the European
Community.
ProductCountry(ies) of
origin or
exportationMeasures ReferenceDate of
expiry
Unwrought pure
magnesiumRussia
UkraineDuty Regulation (EC) No 1347/96
(OJ L 174, 12.7.1996)13.7.2001
Undertaking Decision 96/422/EC
(OJ L 174, 12.7.1996)
(1) OJ C 11, 13.1.2001, p. 4.
(2) OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 2238/2000 (OJ L 257 , 11.10.2000, p. 2).
Withdrawal of notification of a concentration
(Case COMP/M.2322  CRH/Addtek)
(2001/C 191/07)
(Text with EEA relevance)
On 9 March 2001 the Commission received notification of a proposed concentration, pursuant to Article 4
of Council Regulation (EEC) No 4064/89, between CRH plc and Addtek International Oy Ab. On 26 June2001, the notifying parties informed the Commission that they withdrew their notification.EN 7.7.2001 Official Journal of the European Communities C 191/19
Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Amendment of public service obligations imposed on certain scheduled air services within Portugal

(2001/C 261/02)

(Text with EEA relevance)

1. The Portuguese Government has decided to amend, as from 1 April 2001, the amended public service obligations published in the Official Journal of the European Communities C 267 of 26 August 1998 setting the fares imposed on scheduled air services operated on the following routes:

- Lisbon/Funchal/Lisbon

- Lisbon/Porto Santo/Lisbon

- Oporto/Funchal/Lisbon.

2. The amended public service obligations are as follows:

Fares

The fare structure must include a fully flexible economy fare and a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo, specific products, etc.).

Residents of the Autonomous Region of Madeira shall benefit from a discount of 40 % on the fully flexible economy fare or 33 % on the other applicable public fares. Students not over 26 years old whose place of residence is within the Autonomous Region of Madeira and who study elsewhere in Portugal or vice versa shall qualify for a 40 % discount on the applicable public fare.

The Portuguese Government will subsidise, in terms to be established by law, the abovementioned discount which shall not exceed PTE 22600 per round trip.

In 2001, notwithstanding the abovementioned basis for calculating the discount:

- passengers who are residents of the Autonomous Region of Madeira shall pay a net price of no more than PTE 28700 for a fully flexible economy class round trip,

- students shall pay a net price of no more than PTE 21500 for a round trip.
Publication of a request under Article 9 of Council Regulation (EEC) No 2081/92 to amend one or more parts of the specification of a name registered under Article 17 or Article 6 of that Regulation

(2001/C 296/09)

Publication confers the right to object within the meaning of Article 7 of the Regulation. Any objections to this request must be forwarded via the competent authority of a Member State within six months of the publication date. The amendment is not a minor one and it must therefore be published under Article 6(2) of the Regulation.

COUNCIL REGULATION (EEC) No 2081/92

APPLICATION FOR AMENDMENT OF A SPECIFICATION: ARTICLE 9

1. Registered name: Epoisses de Bourgogne

2. Responsible department in the Member State Institut national des appellations d'origine 138, Avenue des Champs-Élysées F - 75008 Paris Tel. (33-1) 53 89 80 00 Fax (33-1) 42 25 57 97

3. Amendment(s) requested - Specification heading:

>PIC FILE= "C_2001296EN.001602.TIF">

name

[square ] description

[square ] geographical area

[square ] proof of origin

[square ] method of production

[square ] link

>PIC FILE= "C_2001296EN.001603.TIF">

labelling

>PIC FILE= "C_2001296EN.001604.TIF">

national requirements

- Amendment(s):

Name and labelling:

for:"Epoisses de Bourgogne",

read:"Epoisses".

National requirement:

for:"Decree of 14 May 1991",

read:"Decree on the 'Epoisses' registered designation of origin".

4. Date of receipt of the full application: 20 April 2001.