ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 251/6

Final report of the Hearing Officer in Case COMP/M.3848 — Sea-Invest/EMO-EKOM

(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)

(2007/C 251/07)

On 24 February 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the Merger Regulation) by which the undertaking Sea-Invest N.V. acquires, by way of purchase of shares, joint control of the undertakings Europees Massagoed-Overslagsbedrijf B.V. and Erts- en Kolen Overslagsbedrijf B.V. (EMO-EKOM). Following the transaction EMO-EKOM will be jointly controlled by Sea-Invest N.V., Thyssen-Krupp Veerhaven B.V., H.E.S. Beheer N.V. and Manufrance B.V.

By decision dated 31 March 2006, the Commission found that the transaction raised serious doubts as to its compatibility with the common market and the functioning with the EEA Agreement. Accordingly, the Commission initiated proceedings in accordance with Article 6(1)(c) of the Merger Regulation. Subsequently, on 3 May 2006, the Commission decided to extend the procedure with 20 working days pursuant to Article 10(3)(2) of the Merger Regulation.

On 4 April 2006, Sea-Invest was upon request granted access to certain ‘key documents’ in the Commission's file in accordance with Chapter 7.2 of the Commission Note on ‘Best Practices on the conduct of EC Merger control proceedings’.

Following an in-depth market investigation the relevant Commission services considered that the serious doubts had been removed and that the proposed transaction would not significantly impede effective competition in the common market or a substantial part of it. Accordingly, no Statement of Objections was sent to the parties.

No queries or submission have been made to the Hearing Officer by the parties or any other third party. The case does not call for any particular comments as regards the right to be heard.
3.

The members of the Advisory Committee agree with the Commission that in the light of the commitments offered by General Motors Europe, there are no longer grounds for action by the Commission, without prejudice to the provisions of Article 9(2) of Regulation (EC) No 1/2003.
EN Official Journal of the European Union C 289/9

Final report of the Hearing Officer in Case COMP/M.4523 — Travelport/Worldspan

(Pursuant to Article 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)

(2007/C 289/09)

On 15 January 2007, the Commission received from Travelport LLC a request for referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (the Merger Regulation). No Member State competent to examine the concentration under its national competition law (Austria, Germany, Italy and Poland) objected to the referral. Accordingly, the concentration was deemed to have a Community dimension pursuant to Article 4(5) of the Merger Regulation and should therefore be notified to the Commission.

Subsequently, on 23 March 2007, the Commission received a notification of a proposed concentration by which Travelport LLC acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the undertaking Worldspan Technologies Inc. by way of purchase of shares.

After a preliminary examination of the notification, the Commission found that the transaction raised serious doubts as to its compatibility with the common market and the functioning of the EEA agreement. Accordingly, the Commission decided, on 3 May 2007, to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation.

Travelport LLC was, upon request, granted the opportunity to review, on 15 May 2007, a key document in the file in accordance with DG Competition's ‘Best Practices on the conduct of EC merger control proceedings’.

Following an in-depth market investigation the Commission concluded that the proposed transaction would not significantly impede effective competition in the common market or a substantial part of it and is therefore compatible with the common market and the EEA Agreement. Accordingly, no Statement of Objections was sent to the notifying party.

No queries or submissions have been made to me by the merging parties or any third party. The case does not call for any particular comments as regards the right to be heard.
3.

The members of the Advisory Committee unanimously agree with the Commission that the addressees of the draft decision have participated in a single and continuous infringement of Article 81(1) of the EC Treaty affecting, respectively, the markets of thread for industrial customers in the Benelux and the Nordic countries, the markets of thread for industrial customers in the United Kingdom and the markets of automotive thread in the EEA.
4.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as their object and/or effect the prevention, restriction or distortion of competition within the common market.
8.

The Advisory Committee agrees with the Commission on taking into account — by way of exceptional circumstances — that the Commission has already taken a position on the amount of the fine for Arbed SA, which the Court of First Instance reduced to EUR 10 million in its judgment in Case T-137/94.
EN Official Journal of the European Union C 214/13

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands on the basis of 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

(2008/C 214/06)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block F11 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 hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block F11 of the Dutch continental shelf.

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 abovementioned Directive are set out in the Mining Act (Mijnbouwwet) (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 A/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 from the following telephone number: (31) 70 379 77 62 (contact person: E.J. Hoppel).
EN Official Journal of the European Union C 326/28

Implementing provisions

(2008/C 326/12)

The European Ombudsman has revised the implementing provisions in force since 1 January 2003 and last amended on 5 April 2004. The revisions reflect the amendments that Parliament has made to the Ombudsman's Statute (1) and make certain other changes on the basis of experience gained since 2004. The revisions are in force from 1 January 2009.

The implementing provisions are available on the Ombudsman's website at:

http://www.ombudsman.europa.eu

Paper copies can be requested free of charge from the European Ombudsman's office:

1, avenue du Président Robert Schuman CS 30403 F-67001 Strasbourg Cedex Tel. (33-3) 88 17 23 13 Fax (33-3) 88 17 90 62 E-mail: eo@ombudsman.europa.eu

(1) Decision 2008/587/EC, Euratom of the European Parliament of 18 June 2008, amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman's duties (OJ L 189, 17.7.2008, p. 25).
5.

Bids will 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 Articles 24(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 President of the National Agency for Mineral Resources, after the signature of a confidentiality agreement and the payment of the legal fees for the acquisition of the set of data package and of the tariffs for consultation and use of information belonging to the National Geological Data Found.
4.

The Advisory Committee agrees with the Commission that, for the purpose of assessing the present operation, the definitions of the relevant geographic markets are: (a) national (the Netherlands) for all markets in procurement of raw milk; (b) national (the Netherlands) for all markets of fresh basic dairy products; (c) wider than national (including Belgium, Germany and the Netherlands) for long-life basic dairy products; (d) national (the Netherlands) for organic fresh basic dairy products; (e) national (the Netherlands) for all markets of Dutch type cheese (except rindless cheese); (f) EEA-wide for all markets of bulk butter and wider than national (including at least Belgium, Germany and the Netherlands) for all markets of packet butter; (g) national (the Netherlands) for value-added yoghurts and quarks sold to the OOH segment; (h) national (the Netherlands) for all markets of branded non-health fresh flavoured dairy drinks; (i) national (the Netherlands and Belgium) or alternatively wider than national (including Belgium, Germany and the Netherlands) for all markets of long life flavoured dairy drinks; (j) national (the Netherlands) for all markets of fresh custard and porridge; (k) wider than national (including at least Belgium, Germany and the Netherlands) for all markets of liquid cream; (l) wider than national (including at least Belgium, Germany and the Netherlands) for all markets of spray cream; (m) wider than national (including Belgium, Germany and the Netherlands) for all markets of coffee milk and coffee cream; (n) EEA-wide for all markets of spray dried emulsions; (o) EEA-wide or worldwide for food grade lactose; (p) EEA-wide or worldwide for all markets of Pharma grade lactose.
5.

The members of the Advisory Committee agree with the Commission on the decrease of the basic amount for Coats Holdings Ltd and its German subsidiary Coats Deutschland GmbH as well as YKK Corporation Japan and its European subsidiary YKK Holding Europe B.V. due to an attenuating circumstance in relation to the tripartite infringement in the sector of zip fasteners.
EN Official Journal of the European Union C 98/10

Update of the notification by Lithuania under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

The possibility for a Member State to provide by law for an obligation to hold or carry papers and documents pursuant to Article 21(c)

2009/C 98/05

LITHUANIA

Amendment to the information provided by Lithuania and published in the Official Journal of the European Union (OJ C 18 of 24 January 2008).

Lithuanian national legislation does not lay down an obligation to hold or carry papers and documents at all times.

However, pursuant to the Law on the Legal Status of Aliens (Article 3(4)), when requested to do so by a police officer or any other law enforcement official, foreign nationals must present a personal identification document (travel document, residence permit or the like), as well as other documents specifying the purpose and conditions of their presence in the Republic of Lithuania and attesting to the lawfulness of their stay there.

Furthermore, the Law on National Borders and their Protection (Article 17(5)) and other legislative acts lay down that persons not holding personal identification documents are prohibited from entering areas subject to border regulations. Persons aged 16 and over who are nationals of the Republic of Lithuania or another European Union Member State or who enjoy the Community right to free movement are prohibited from entering border areas without personal identification documents. Persons aged under 16 who are nationals of the Republic of Lithuania or another European Union Member State or who enjoy the Community right to free movement are prohibited from entering border areas without a birth certificate, or a child's travel document or other personal identification documents. Other persons are prohibited from entering border areas if they are not in possession of a valid third-country citizen's passport or equivalent travel documents, an alien's passport or other personal identification attesting to the lawfulness of their stay in the Republic of Lithuania.

Persons may enter guarded national border areas only when in possession of a single-use or permanent permit issued by the State Border Guard Service, together with the documents referred to above. Such permits are not required in the case of persons crossing the national border and entering a guarded national border area by land, water or air pursuant to procedures laid down in laws and other legislation of the Republic of Lithuania.
4.

The Advisory Committee agrees with the Commission that no increase of the basic amount to ensure a sufficient deterrent effect is required in this case.
2.

The Advisory Committee agrees with the Commission that the interpretation provided in the Decision of the three criteria contained in the WSPP Pricing Principles (i.e., Microsoft's own creation, innovation and comparison with similar technologies) reflects adequately the value of Microsoft's interoperability Information for its users, to the exclusion of the ‘strategic value’ stemming from Microsoft's market power in the client PC operating system market or in the work group server operating system market.
6.

The Advisory Committee agrees with the Commission’s conclusion that the removal of Jet Norway as an independent competitor would impede competition in a context of high barriers to entry and raises serious doubts about the notified operation's compatibility with the common market and the EEA agreement.
4.

The Advisory Committee agrees with the Commission’s assessment of the duration of the infringement, as being: I. For both GDF Suez and E.ON, jointly and severally with E.ON Ruhrgas: (a) as far as Germany is concerned: from 1 January 1980 until 30 September 2005, i.e. 25 years and 9 months; (b) as far as France is concerned: from 10 August 2000 until 30 September 2005, i.e. 5 years, 1 month and 20 days. II. For E.ON: from 1 January 2003 until 30 September 2005, i.e. 2 years and 9 months.
EN Official Journal of the European Union C 33/9

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 of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

2010/C 33/05

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block segment M4 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 hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block segment M4 of the Dutch continental shelf.

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:

De minister van Economische Zaken Drs. J.C. De Groot, directeur Energiemarkt ALP A/562 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 P.C. de Regt on the following telephone number: +31 703797088.
3.a

The majority of the Advisory Committee agrees with the Commission that the commitments offered by EDF are sufficient to meet the concerns identified by the Commission in its case relating to the foreclosure of the market for the supply to large industrial users. A minority abstain.
EN Official Journal of the European Union C 236/12

DECISION No 298

of 12 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 1-9 ‘Miziya’, located in the province of Vratsa

2010/C 236/11

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 underground natural resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-9 ‘Miziya’, situated in the province of Vratsa 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.
Statement by the European Parliament, the Council and the Commission



Official Journal L 055 , 28/02/2011 P. 019 - 019



Statement by the European Parliament, the Council and the Commission Article 5(2) of this Regulation requires the Commission to adopt a draft implementing act where the committee delivers a positive opinion. This provision does not preclude that Commission may, as is the current practice, in very exceptional cases, take into consideration new circumstances that have arisen after the vote and decide not to adopt a draft implementing act, after having duly informed the committee and the legislator. --------------------------------------------------
1.

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 81 of the EC Treaty and Article 53 of the EEA Agreement.
EN Official Journal of the European Union C 136/6

Article 107(1), (2) and (4) of Regulation (EEC) No 574/72

Reference period: April 2011

Application period: July, August and September 2011

04-2011 EUR BGN CZK DKK LVL LTL HUF PLN RON 1 EUR = 1 1,95580 24,3009 7,45741 0,709195 3,45280 265,287 3,96941 4,10039 1 BGN = 0,511300 1 12,4250 3,81297 0,362611 1,76542 135,641 2,02956 2,09653 1 CZK = 0,0411507 0,0804826 1 0,306878 0,0291839 0,142085 10,9168 0,163344 0,168734 1 DKK = 0,134095 0,262263 3,25863 1 0,095099 0,463003 35,5737 0,532278 0,549842 1 LVL = 1,41005 2,75778 34,2655 10,5153 1 4,86862 374,068 5,59707 5,78176 1 LTL = 0,289620 0,566439 7,03803 2,15981 0,205397 1 76,8325 1,14962 1,18756 1 HUF = 0,00376950 0,00737238 0,0916022 0,0281107 0,00267331 0,0130153 1 0,0149627 0,0154564 1 PLN = 0,251927 0,492718 6,12204 1,87872 0,178665 0,869852 66,8329 1 1,03300 1 RON = 0,243879 0,476978 5,92648 1,81870 0,172958 0,842065 64,6980 0,968056 1 1 SEK = 0,111481 0,218034 2,70908 0,831357 0,0790616 0,384921 29,5744 0,442513 0,457115 1 GBP = 1,13261 2,21517 27,5235 8,44636 0,803244 3,91069 300,468 4,49581 4,64417 1 NOK = 0,128098 0,250534 3,11290 0,955280 0,0908466 0,442297 33,9828 0,508474 0,525253 1 ISK = 0,00613150 0,0119920 0,149001 0,0457251 0,00434843 0,0211708 1,62661 0,0243384 0,0251416 1 CHF = 0,770572 1,50709 18,7256 5,74647 0,546486 2,66063 204,423 3,05872 3,15965





04-2011 SEK GBP NOK ISK CHF 1 EUR = 8,97016 0,882913 7,80651 163,092 1,29774 1 BGN = 4,58644 0,451433 3,99147 83,3890 0,663532 1 CZK = 0,369129 0,0363325 0,321244 6,71137 0,0534028 1 DKK = 1,20285 0,118394 1,04681 21,8698 0,174020 1 LVL = 12,6484 1,24495 11,0076 229,968 1,82987 1 LTL = 2,59794 0,255709 2,26092 47,2348 0,375851 1 HUF = 0,0338130 0,00332814 0,0294266 0,614776 0,00489182 1 PLN = 2,25982 0,222429 1,96667 41,0873 0,326934 1 RON = 2,18763 0,215324 1,90384 39,7748 0,316491 1 SEK = 1 0,0984278 0,870276 18,1816 0,144673 1 GBP = 10,1597 1 8,84176 184,721 1,46984 1 NOK = 1,14906 0,113100 1 20,8918 0,166238 1 ISK = 0,0550005 0,00541358 0,0478656 1 0,00795707 1 CHF = 6,91215 0,680348 6,01548 125,674 1

Note: all cross rates involving ISK are calculated using ISK/EUR rate data from the Central Bank of Iceland

reference: Apr-11 1 EUR in national currency 1 unit of N.C. in EUR BGN 1,95580 0,511300 CZK 24,3009 0,0411507 DKK 7,45741 0,134095 LVL 0,709195 1,41005 LTL 3,45280 0,289620 HUF 265,287 0,00376950 PLN 3,96941 0,251927 RON 4,10039 0,243879 SEK 8,97016 0,111481 GBP 0,882913 1,13261 NOK 7,80651 0,128098 ISK 163,092 0,00613150 CHF 1,29774 0,770572

Note: ISK/EUR rates based on data from the Central Bank of Iceland

1. Regulation (EEC) No 574/72 determines that the rate for the conversion into a currency of amounts denominated in another currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified in paragraph 2, of reference rates of exchange of currencies published by the European Central Bank.
1.

The Advisory Committee agrees with the Commission that the anti-competitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.
5.

The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.