ddrg/super_eurlex huggingface dataset:
Non-opposition to a notified concentration

(Case M.10713 – RWE / NEWCO EEMSHAVEN)

(Text with EEA relevance)

(2023/C 30/02)

On 21 December 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10713. EUR-Lex is the online point of access to European Union law.

(1) OJ L 24, 29.1.2004, p. 1.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 18 September 2017 regarding a draft decision relating to Case AT.39824 – Trucks

Rapporteur: Ireland

(2020/C 216/04)

1. The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes agreements and/or concerted practices between relevant undertakings within the meaning of Article 101 of the TFEU and Article 53 EEA.

2. The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreements and/or concerted practices contained in the draft decision.

3. The Advisory Committee agrees with the Commission that the undertaking concerned by the draft decision has, together with the addressees of the Commission’s settlement decision of 19 July 2016 in Case AT.39824, participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 EEA.

4. The Advisory Committee agrees with the Commission that the object of the agreements and/or concerted practices for the infringement described in the draft decision was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA.

5. The Advisory Committee agrees with the Commission that the agreements and/or concerted practices described in the draft decision have been capable of appreciably affecting trade between the Member States of the EU.

6. The Advisory Committee agrees with the Commission’s assessment as regards the duration for the infringement described in the draft decision.

7. The Advisory Committee agrees with the Commission as regards the addressees of the draft decision.
(14)

The Commission imposed a fine of EUR 30 000 000 on Teva. This fine was established as a fixed amount in application of point 37 of the Guidelines on fines, because Teva had agreed not to sell generic modafinil and therefore did not have any relevant sales. In establishing the fine, in particular, the Commission took into account that for both Teva and Cephalon the gravity and duration of the infringement are the same as well as the fact that the revenues and profits of an originator company (such as Cephalon) protected by an anticompetitive pay-for-delay agreement are typically higher than the revenues and the profits foregone by a potential generic entrant (such as Teva). The Commission also took into account Teva’s size and negotiating strength.
Final Report of the Hearing Officer (1)

Case AT.40394 – Aspen

(Text with EEA relevance)

(2021/C 435/03)

The present report relates to a draft commitments decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (2) (the ‘Draft Decision’) addressed to Aspen Pharmacare Holdings Ltd and ASPEN PHARMA IRELAND LIMITED (‘Aspen’).

On 15 May 2017, the Commission opened proceedings into Aspen’s pricing practices for certain cancer medicines with a view to adopting a decision under Chapter III of Regulation 1/2003.

On 24 November 2017, I admitted BEUC, the European Consumer Organisation, as an interested third person.

On 19 June 2020, the Commission adopted a preliminary assessment within the meaning of Article 9(1) of Regulation 1/2003, which set out the Commission’s competition concerns. This preliminary assessment was notified to Aspen on 22 June 2020. Aspen submitted a response to the Commission’s preliminary assessment on 6 July 2020.

On 9 July 2020, Aspen proposed commitments (the ‘Proposed Commitments’) in order to meet the concerns expressed in the Commission’s preliminary assessment.

On 15 July 2020, the Commission published a notice in accordance with Article 27(4) of Regulation No 1/2003, inviting comments from interested third parties on the Proposed Commitments.

On 9 December 2020, the Commission informed Aspen of the observations received.

On 28 January 2021, Aspen submitted revised commitments (the ‘Revised Commitments’).

The Draft Decision proposes that the Revised Commitments become binding upon Aspen for ten years and that there would no longer be grounds for action by the Commission in this case as regards the concerns as set out in the preliminary assessment.

Overall, I consider that the effective exercise of procedural rights has been respected in this case.

Brussels, 5 February 2021. Wouter WILS

(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) (‘Decision 2011/695/EU’).

(2) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) (‘Regulation 1/2003’).
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40420 Zenimax

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/05)

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.

2. The Advisory Committee (13 Member States) agrees with the Commission on the final amount of the fine, including its reduction based on paragraph 37 of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.
STATE AID – GERMANY

State aid SA.53625 (2021/C) – Lignite phase-out

Invitation to submit comments pursuant to Article 108(2) of the TFEU

(Text with EEA relevance)

(2022/C 199/08)

On 27 January 2022, the Commission adopted the EU Guidelines on State aid for climate, environmental protection and energy 2022 (‘CEEAG’) (1). According to point 466 of those guidelines, the Commission will apply CEEAG to assess the compatibility of all notifiable aid for climate, environmental protection and energy awarded or intended to be awarded from 27 January 2022.

On 2 March 2021, the Commission initiated the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union in case SA.53625 (2). In light of the above, the Commission invites comments, among other things, on the applicability and application of CEEAG and, where relevant, on the compatibility grounds set out in those guidelines, including in Section 3 and Section 4.12 thereof, in relation to the measure in respect of which the Commission has initiated the above-mentioned pending formal investigation. The Member State concerned and interested parties may submit their comments on that measure within 20 working days from the date of publication of this notice to:

European Commission Directorate General for Competition State aid Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

Fax +32 22961242

Email: stateaidgreffe@ec.europa.eu

Interested parties’ comments will be communicated to the Member State concerned in the above-mentioned pending formal investigation. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing when submitting the comments, stating the reasons for the request.

(1) OJ C 80, 18.2.2022, p. 1.

(2) OJ C 177, 7.5.2021, p. 50.
ARCHIVESHISTORIQUES
DELACOMMISSION
COLLECTION RELIEEDES
DOCUMENTS "COM"
COM(73)508
Vol.1973/0095

Disclaimer
Conformément aurèglement(CEE,Euratom)n°354/83duConseildu1erfévrier1983
concernantl'ouvertureaupublicdesarchiveshistoriquesdelaCommunauté économique
européenne etdelaCommunauté européenne del'énergieatomique(JOL43du15.2.1983,
p.1),telquemodifiéparlerèglement(CE,Euratom)n°1700/2003du22septembre2003
(JOL243du27.9.2003,p.1),cedossierestouvertaupublic.Lecaséchéant,lesdocuments
classifiésprésentsdanscedossierontétédéclassifiés conformément àl'article5dudit
règlement.
Inaccordance withCouncilRegulation(EEC,Euratom)No354/83of1February1983
concerningtheopeningtothepublicofthehistoricalarchivesoftheEuropeanEconomic
Community andtheEuropeanAtomicEnergyCommunity (OJL43,15.2.1983,p.1),as
amendedbyRegulation(EC,Euratom)No1700/2003of22September2003(OJL243,
27.9.2003,p.1),thisfileisopentothepublic.Wherenecessary,classifieddocuments inthis
filehavebeendeclassified inconformitywithArticle5oftheaforementioned regulation.
InÜbereinstimmung mitderVerordnung(EWG,Euratom)Nr.354/83desRatesvom1.
Februar1983überdieFreigabederhistorischen ArchivederEuropäischen
Wirtschaftsgemeinschaft undderEuropäischen Atomgemeinschaft (ABI.L43vom15.2.1983,
S.1),geändertdurchdieVerordnung (EG,Euratom)Nr.1700/2003vom22.September2003
(ABI.L243vom27.9.2003,S.1),istdieseDateiderÖffentlichkeit zugänglich.Soweit
erforderlich,wurdendieVerschlusssachen indieserDateiinÜbereinstimmung mitArtikel5
dergenanntenVerordnungfreigegeben.

COMMISSION OFTHEEUROPEANCOMMUNITIES
COM(73)508final
Brussels,4April1973
COMMISSION OPINION
of4April1973
tobeaddressedtotheGermanGovernmentconcerning
thedraftRegulationamendingtheimplementing
Regulationof22August1969*
COM(73 )508final

COMISSION OPINION
of4April1973
tobeaddressedtotheGermanGovernmentconcerningthedraft
Regulationamendingtheimplementing Regulationof22August1969*
1.Bylettersof8January1973and22February1973theGerman
GovernmentsenttotheCommissionthedrafttextofaRegulationamending
theimplementing Regulationof22August19^9»togetherwithan
explanatory memorandum.
2.TheGermandraftRegulationutilisesthepowerconferredby
CouncilRegulation(EEC)NO515/72of28February1972togrant
exemptionsandprovidesinparticularfor:
1.anexemptioninrespectofbreaksindriving?
2.exemptionsinrespectofthetransportofharvestproduce;
3.exemptionsinrespectofthetransportofmilk.
3.TheCommissionfindsthatthedraftRegulationisinaccordance
withRegulation(EEC)NO515/72.
4»TheCommissionaccordinglydeliversafavourableOpinion
concerningthedraftRegulation.
DoneatBrussels,4April1973
FortheCommission
ThePresident
Francois-Xavier ORTOLI
1
OJNoL67,20March1972.p.11»
No CI 16/2 Official Journal of the European Communities 29.4.83 
Commission communication concerning the publication of guidance prices for certain 
steel products 
The Commission published in Official Journal of the 
European Communities No L 370 of 29 December 
1982 guidance prices for the principal steel products 
in ordinary steel qualities. Certain of these prices 
were modified in Official Journal No C 92 of 7 April 
1983 in order to re-establish a better relationship 
between the prices of several of the products covered 
by the guidance prices. It is now necessary to modify 
the guidance prices once more, following the 
realignment of the currencies within the European 
Monetary System on 21 March 1983. The 
realignment created disparities between the price lists 
of the producers in the various Member States, with 
the attendant risk that prices within the Community 
might tend to decline to the lowest levels, thus 
undermining the improvement in prices that has 
occurred in recent months. It is also important that the uncertainty created in the market by this disparity 
in prices should be ended as quickly as possible in 
order to avoid any prejudice to the Commission's 
pricing policy. Accordingly it has been decided that 
the guidance prices should be increased, the increase 
varying between 2,6 °/o and 3,2 % depending upon 
the product, and producers are invited, with effect 
from 15 May 1983, to establish price lists (base 
prices) which are at least equal to the new guidance 
prices shown in the following table in ECU, 
converted at the exchange rates of 21 March 1983 for 
European Monetary System currencies, and for those 
currencies outside the EMS, the average rate for the 
months of January, February, and March 1983 should 
be used for the pound sterling (0,61914) and the 
drachma (78,34351). 
Products 
Hot rolled coils 
Hot rolled narrow strips 
Hot rolled sheets from coils 
Medium and heavy plates (from plate mill) 
Cold rolled sheets (coils) 
Wire rod for welding mesh (fence wire) 
Wire rod for drawing 
Ribbed reinforcing bars 
Merchant bars: 
— Category 1 
— Category 2 
— free cutting 
Beams, sections and joists: 
— Category 1 
— Category 2a 
— Category 2b 
— Category 2c 
— Category 3 
Galvanized sheet 
Electro-galvanized sheet Guidance prices 
in ECU (per tonne) 
380 0 
380 0 
380 (') 
397 O 
459 
287 
354 
256 
273 
331 
442 
326 
357 
398 
446 
459 
518 
495 
(') After deduction of all discounts published or notified, other than merchants discount and quantity allowances. 
This communication replaces that published in Official Journal No C 92 of 7 April 1983. 
The other considerations and provisions given in the communication of 29 December 
1983 remain valid.
20. 7. 85 Official Journal of the European Communities No C 182/3 
Communication of Decisions under sundry tendering procedures in agriculture (cereals) 
(See notice in OJ No L 360, 21. 12. 1982, p. 43) 
(85/C 182/04) 
Standing invitation to tender 
Commission Regulation (EEC) No 1391/85 of 28 May 1985 
opening an invitation to tender for the export of common 
wheat to countries of zones I, II a), III, IV a) and b), V, VI, 
VII and the German Democratic Republic 
(OJ No L 140, 29. 5. 1985, p. 10) 
Commission Regulation (EEC) No 1392/85 of 28 May 1985 
opening an invitation to tender for the refund for the export 
of barley to countries of zones I, II a), III, IV, V, VI, VII a), 
VII c) and the German Democratic Republic 
(OJ No L 140, 29. 5. 1985, p. 13) 
Commission Regulation (EEC) No 1393/85 of 28 May 1985 
opening an invitation to tender for the refund for the export 
of common wheat to countries of zone IV c) and d) 
(OJ No L 140, 29. 5. 1985, p. 16) Weekly invitation to tender 
Date of 
Commission 
Decision 
18.7. 1985 
18.7. 1985 Maximum refund 
Tenders rejected 
45,75 ECU/t 
No tender received 
Communication on the granting of financial support for pilot and/or demonstration projects in 
the iron and steel industry pursuant to Article 55 of the Treaty establishing the European Coal 
and Steel Community 
(85/C 182/05) 
The last paragraph of point 3 of the communication on the granting of financial support for 
pilot and/or demonstration projects in the iron and steel industry pursuant to Article 55 of the 
Treaty establishing the European Coal and Steel Community, published in Official Journal of 
the European Communities of 24 March 1983 should be replaced by the following text: 
'Request for aid in a given financial year must be submitted before 1 November of the 
preceding year*.
UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE

(Classification of goods)

(1999/C 119/06)

Explanatory notes in accordance with Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), as last amended by Regulation (EC) No ...(2)

The explanatory notes to the Combined Nomenclature of the European Communities(3) are amended as follows:

on page 378 the text under 8525 30 10 and 8525 30 90 is replaced by the following new text:

"8525 30 10 to 8525 40 19

These subheadings do not cover electronic reading devices for the visually handicapped (see the explanatory notes to subheading 8543 89 95).";

on page 380 under the following new fourth paragraph is inserted:

"This heading does not cover electronic reading devices for the visually handicapped (see the explanatory notes to subheading 8543 89 95).";

on page 394 under 8543 89 95 the following text is inserted:

"11. Electronic reading devices for the visually handicapped. These devices comprise, in a single housing, a camera, which scans the original text (e.g. newspaper or book) and a monitor which reproduces the text in magnified form."

(1) OJ L 256, 7.9.1987, p. 1.

(2) OJ ...

(3) OJ C 287, 15.9.1998, p. 1.
Notice of the impending expiry of certain anti-dumping measures

(2000/C 271/03)

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.
Corrigendum to the notice to Community importers of certain products originating in the People's Republic of China subject to quantitative quotas

(Official Journal of the European Communities C 103 of 3 April 2001)

(2001/C 105/09)

On page 3 in point 7:

for: "28 april 2001",

read: "30 April 2001".
Commission notice on the issuing of licences to railway undertakings

(2001/C 102/08)

Under Article 11(8) of Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings, the Commission has 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 Green Cargo AB , Box 1194 S - 111 91 Stockholm

2. Issuing office in the country in which the undertaking is established: Järnvägsinspektionen (Swedish Railway Inspectorate)

3. Date of the decision: 22 December 2000

Issued

>PIC FILE= "C_2001102EN.001102.EPS">

Suspended [square ]

Revoked [square ]

Amended [square ]

4. Licence No: J 00-1215/81

5. Terms and conditions: -

6. Observations regarding issue, suspension, revocation or amendment: -

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 ulrik.bergman@jarnvagsinsp.se www.jarnvagsinsp.se
Commission communication pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Modification by the United Kingdom of a public service obligation in respect of a scheduled air service between Stornoway and Benbecula

(2001/C 154/03)

(Text with EEA relevance)

1. The United Kingdom has decided to modify the public service obligation in respect of the scheduled air service between Stornoway, Benbecula and Barra as set out in the Notice published in the Official Journal of the European Communities C 53 of 4 March 1995 as modified in the Official Journal of the European Communities C 143 of 8 May 1998, p. 19, 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.

2. The existing public service obligation will be separated into a public service obligation for Stornoway/Benbecula and one for Benbecula/Barra.

3. The modified public service obligation for Stornaway/Benbecula is as follows:

Minimum frequencies

Two return trips per day except Saturdays and Sundays between Stornoway and Benbecula.

Capacity

The capacity offered should be not less than 18 seats each way.

Fares

The price of a single ticket must not exceed GBP 58.

The maximum fare on the route may be increased once every year in line with the United Kingdom's Retail Prices Index (all items) or any successor index to this.

No other changes may be made to the fare levels without the prior written consent of Comhairle nan Eilean Siar (the Council in the Western Isles of Scotland).

The new maximum fare on the route must be notified to the Civil Aviation Authority and will not enter into force prior to its notification to the European Commission and publication of the Official Journal of the European Communities.
Commission communication in the framework of the implementation of Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres

(2001/C 205/04)

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the Directive)

>TABLE>

Note 1:

Generally the date of cessation of presumption of conformity will be the date of withdrawal ("dow"), set by the European Standards Body, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

Note 3:

In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 4) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the Directive.

Example: For EN 50014:1997, the following applies:

Note:

- any information concerning the availability of the standards can be obtained either from the European standardisation organisations or from the national standardisation bodies of which the list is annexed to council Directive 98/34/EEC(1) amended by Directive 98/48/EC(2),

- publication of the references in the Official Journal of the European Communities does not imply that the standards are available in all the Community languages,

- the Commission ensures the updating of this list,

- this list replaces all the previous lists published in the Official Journal of the European Communities.

(1) OJ L 204, 21.7.1998.

(2) OJ L 217, 5.8.1998.