ddrg/super_eurlex huggingface dataset:
5.

Applications for Traditional and Frontier Licences (both for areas West of Scotland and elsewhere) will be judged on the basis of the following criteria: (a) the financial viability of the applicant and its financial capacity to carry out the activities that would be permitted under the licence during the initial term including the work programme submitted for evaluating the full potential of the area within the block or blocks applied for; (b) the technical capability of the applicant to carry out activities that would be permitted under the licence during the initial term including the identification of hydrocarbon prospects within the block or blocks applied for. The technical capability will be assessed in part upon the quality of analysis related to the block or blocks applied for; (c) the way in which the applicant proposes to carry out the activities that would be permitted under the licence including the quality of the work programme submitted for evaluating the full potential of the area applied for; (d) where the applicant holds or has held a licence granted under or treated as having been granted under the Petroleum Act 1998, any lack of efficiency and responsibility displayed by the applicant in operations under that licence.
3.

Authorisations for the prospection, exploration and production of hydrocarbons in Northern Ireland will normally be granted in accordance with the open door procedure under Article 3(3) of Directive 94/22/EC. This procedure is provided for in Regulation 3 of the Hydrocarbons Licensing Directive Regulations (Northern Ireland) 2010 which requires a notice to be published in the Official Journal. A notice inviting applications will be published on 28 June 2010.
EN Official Journal of the European Union C 290/10

Publication of the final accounts for the financial year 2009

2010/C 290/04

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

http://www.eda.europa.eu/finance.aspx
4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by British Airways, American Airlines and Iberia, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.
1.

The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 9 September 2010 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.
1.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.
4.

The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post abused its dominant position in the market by: — concluding and maintaining agreements with NorgesGruppen/Shell and agreements with individual outlets within these groups, providing group and outlet exclusivity in favour of Norway Post, — concluding and maintaining agreements with COOP and with individual outlets within COOP, providing outlet exclusivity in favour of Norway Post, — concluding and maintaining agreements with ICA and agreements with individual outlets within ICA, providing outlet exclusivity in favour of Norway Post, and — pursuing a renegotiation strategy which reduced COOP’s and ICA’s willingness to negotiate and conclude agreements for the provision of over-the-counter delivery of B-to-C parcels to competitors of Norway Post.
EN Official Journal of the European Union C 134/6

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

Reference period: April 2012

Application period: July, August and September 2012

04-2012 EUR BGN CZK DKK LVL LTL HUF PLN 1 EUR = 1 1,95580 24,8088 7,43928 0,699311 3,45280 294,806 4,17817 1 BGN = 0,511300 1 12,6848 3,80370 0,357557 1,76542 150,734 2,13630 1 CZK = 0,0403082 0,0788348 1 0,299864 0,0281880 0,139176 11,8831 0,168414 1 DKK = 0,134422 0,262902 3,33484 1 0,0940024 0,464131 39,6283 0,561636 1 LVL = 1,42998 2,79675 35,4761 10,6380 1 4,93743 421,567 5,97470 1 LTL = 0,289620 0,566439 7,18514 2,15457 0,202534 1 85,3818 1,21008 1 HUF = 0,00339206 0,00663419 0,0841530 0,0252345 0,00237210 0,0117121 1 0,0141726 1 PLN = 0,239339 0,468100 5,93773 1,78051 0,167373 0,826391 70,5587 1 1 RON = 0,228368 0,446642 5,66554 1,69889 0,159700 0,788509 67,3243 0,95416 1 SEK = 0,112803 0,220621 2,79852 0,839176 0,0788846 0,389487 33,2551 0,471311 1 GBP = 1,21672 2,37965 30,1853 9,05150 0,850863 4,20108 358,696 5,08365 1 NOK = 0,132104 0,258370 3,27736 0,982762 0,0923820 0,456130 38,9452 0,551954 1 ISK = 0,00598712 0,0117096 0,148533 0,0445399 0,00418685 0,0206723 1,76504 0,0250152 1 CHF = 0,831721 1,62668 20,6340 6,18741 0,581631 2,87177 245,197 3,47507





04-2012 RON SEK GBP NOK ISK CHF 1 EUR = 4,37890 8,86498 0,821884 7,56977 167,025 1,20233 1 BGN = 2,23893 4,53266 0,420229 3,87042 85,4000 0,614749 1 CZK = 0,176506 0,357332 0,0331287 0,305124 6,73249 0,0484636 1 DKK = 0,588618 1,19164 0,110479 1,01754 22,4518 0,161619 1 LVL = 6,26174 12,6767 1,17528 10,8246 238,843 1,71930 1 LTL = 1,26822 2,56748 0,238034 2,19236 48,3739 0,348218 1 HUF = 0,0148535 0,0300705 0,00278788 0,0256771 0,566559 0,00407836 1 PLN = 1,04804 2,12174 0,196709 1,81174 39,9757 0,287764 1 RON = 1 2,02448 0,187692 1,72869 38,1432 0,274573 1 SEK = 0,493955 1 0,0927113 0,853896 18,8410 0,135626 1 GBP = 5,32788 10,7862 1 9,21027 203,222 1,46289 1 NOK = 0,578472 1,17110 0,108574 1 22,0648 0,158833 1 ISK = 0,0262170 0,0530757 0,00492072 0,0453211 1 0,00719847 1 CHF = 3,64202 7,37319 0,683578 6,29594 138,918 1

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

reference: Apr-12 1 EUR in national currency 1 unit of N.C. in EUR BGN 1,95580 0,511300 CZK 24,8088 0,0403082 DKK 7,43928 0,134422 LVL 0,699311 1,42998 LTL 3,45280 0,289620 HUF 294,806 0,00339206 PLN 4,17817 0,239339 RON 4,37890 0,228368 SEK 8,86498 0,112803 GBP 0,821884 1,21672 NOK 7,56977 0,132104 ISK 167,025 0,00598712 CHF 1,20233 0,831721

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.
4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Siemens and Areva, there are no longer grounds for action by the Commission against Siemens and Areva, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.
EN Official Journal of the European Union C 369/8

Special report to the European Parliament made in accordance with Article 3(7) of the Statute of the European Ombudsman (1)

2012/C 369/07

The European Ombudsman addressed one special report to the European Parliament in 2012:

Special Report of 14 May 2012 following the European Ombudsman's inquiry into complaint 2591/2010/GG against the European Commission.

The text of the special report is available on the European 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 67001 Strasbourg Cedex FRANCE Tel. +33 388172313 Fax +33 388179062 E-mail: eo@ombudsman.europa.eu

(1) Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties, OJ L 113, 4.5.1994, p. 15.
EN Official Journal of the European Union C 140/10

Final Report of the Hearing Officer (1)

COMP/39.839 — Telefónica/Portugal Telecom

2013/C 140/06

(1) On 19 January 2011, the Commission decided to open proceedings within the meaning of Article 11(6) of Council Regulation (EC) No 1/2003 (2) and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) against Telefónica, SA and Portugal Telecom, SGPS, SA (‘PT’) in relation to a non-compete clause in the stock purchase agreement entered by the two companies with regard to the acquisition by Telefónica of sole control over a Brazilian mobile services operator, Vivo Participações, SA.

(2) The non-compete clause had originally been detected by the Spanish competition authority. After consultations between the Spanish and the Portuguese competition authorities and the European Commission, it was decided that the Commission should deal with the investigation. Therefore, pursuant to Article 12 of Council Regulation (EC) No 1/2003, the Spanish competition authority transferred all the documents of the case to the Commission.

(3) The Commission adopted a statement of objections (‘SO’) on 21 October 2011 and notified it to Telefónica and PT on 24 October 2011. Both parties were granted access to the file on 4 November 2011. The Commission had initially set 3 January 2012 as the deadline to reply to the SO. Upon request from the parties, this deadline was extended by eight working days.

(4) Both Telefónica and PT declined to exercise their right to request an oral hearing pursuant to Article 12(1) of Commission Regulation (EC) No 773/2004. Therefore, no oral hearing took place in this case.

(5) In the SO, the Commission reached the preliminary view that the non-compete clause in the stock purchase agreement between Telefónica and PT amounted to a market-sharing agreement with the object of restricting competition within the internal market in violation of Article 101 of the TFEU.

(6) In the decision, the Commission rebuts the arguments put forward by the parties in their replies and confirms the findings reached in the SO.

(7) I have not received any complaint about the effective exercise of procedural rights by the parties to the proceedings. 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 parties in the proceeding have been able to effectively exercise their procedural rights in this case.

Brussels, 21 January 2013. 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 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).

(3) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).
2.

The Advisory Committee agrees with the Commission that 2003 should be used as the reference year for the purpose of calculating the fine for the addressees of the draft decision.
EN Official Journal of the European Union C 140/8

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 November 2012 regarding a draft decision relating to Case COMP/39.839 (1) — Telefónica and Portugal Telecom

Rapporteur: Latvia

2013/C 140/04

For the purpose of the questions below, the ‘clause’ means clause ninth of the stock purchase agreement entered into by Telefónica SA and Portugal Telecom SGPS SA (the ‘parties’) on 28 July 2010 (the ‘agreement’).

1. The Advisory Committee agrees with the European Commission that the clause covers the Spanish and Portuguese markets for electronic communications and television services as identified in the draft decision.

2. The Advisory Committee agrees with the Commission that the clause provides for a non-compete obligation (instead of a mere self-assessment obligation as alleged by the parties) and amounts to a restriction of competition by object.

3. The Advisory Committee agrees with the Commission that the clause cannot be considered an ancillary restraint to the agreement.

4. The Advisory Committee agrees with the Commission that the clause may affect trade between Member States.

5. The Advisory Committee agrees with the Commission that the clause infringes Article 101(1) of the TFEU, that it does not fall under the exemption of Article 101(3) and that therefore the parties have infringed Article 101 of the TFEU.

6. The Advisory Committee agrees with the Commission that the duration of the parties' infringement is four months (from 27 September 2010 until 4 February 2011).

7. The Advisory Committee agrees with the Commission that a fine should be imposed on the parties.

8. The Advisory Committee asks the Commission to take into account any other points raised during the discussion.
58.

However, he recommends the following improvements: — to clarify in recitals 22 and 23 of the Proposal in which case Regulation (EC) No 45/2001 and in which case Directive 95/45/EC is applicable, and to delete or specify subparagraphs (6) to (8) of Article 25 of the Proposal since the present text merely repeats obligations under Directive 95/46/EC and Regulation (EC) No 45/2001, — to add the word ‘written’ to the text of recital 19 to align it with Article 24(2) and ensure consistency in the text of the Proposal, — to clarify the publication of names of contributors of more than EUR 1 000 per year under Article 24(1)(f) of the Proposal without their express written consent pursuant to Article 24(2) of the Proposal, — to explain in the recitals, in light of the Schecke ruling, whether other means to achieve transparency have been considered and to better justify the chosen threshold of EUR 1 000 per year for publishing the names of donors and contributors, — to specify that the obligation to provide information about the publication and processing of personal data, as provided in Article 24(3) of the Proposal for potential members and donors, also applies to potential (legal) representatives of the parties and foundation, — to state explicitly in Article 24(1)(g) that personal data shall be excluded from publication on the website: or at least to clarify the details and the form of publishing the penalties and whether it, directly or indirectly, also foresees publishing personal data of natural persons, — to clarify in a recital which provisions of Regulation (EC) No 45/2001 are particularly relevant in the given context, — as regards smaller parties, to state explicitly in Article 24(1)(g) that due account should be taken on the effect such publication may have on the members of the party or foundation concerned, — to justify in a recital the reason why the respective maximum time limit for storing personal data collected in Articles 25(3) and (5) has been chosen, — to add in Article 24 of the Proposal an obligation for the European Parliament to ensure that the information published on the Registry’s website that includes personal data will only be accessible through Internet search engines if necessary for the purposes of the Proposal, — to assess whether an annual update of the party’s and foundation’s members lists, as foreseen in Article 6(7) of the Proposal is sufficient to ensure the quality of the personal data, — to consider whether, at least in the case of members leaving the party or foundation, an immediate notification to the Registry would not benefit the aim of data quality better.
(10)

Having regard to the need for speed in merger cases, I reviewed the rules by applying the following principles. An addressee of the SO must be given full access to all adverse evidence. If the evidence is confidential, access must be given to the extent that it is indispensable for an addressee’s rights of defence. In terms of quantitative evidence, which was the subject matter of Universal’s requests, this means that an addressee must normally be able to carry out three processes. First, the addressee must be in a position to replicate the CET analysis (i.e. access must be given to the data and methodology used). Second, the addressee must be able to test the Commission’s analysis (i.e. access must be given to discarded data, alternative variables and information explaining outliers, etc.). Finally, the addressee must be allowed to verify the reliability of the data, at least, on the basis of random checks. On this latter point, if the addressee’s external advisers can point out concrete and specific mistakes arising from the random checks, further access could be granted depending on the scope of mistakes and the scope of the data that is actually contained in the file. In this context, and in view of the often confidential nature of the data, it would seem justifiable to impose restrictions, particularly in requiring (a) the addressee to explain to the Commission what its external advisers intend to do and (b) to carry out such computations under supervision of Commission officials.
EN Official Journal of the European Union C 152/24

Update of the notification by Lithuania under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council 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)

(2014/C 152/05)

LITHUANIA

Amendment to the information provided by Lithuania and published in the Official Journal of the European Union (OJ C 98 of 29 April 2009).

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. This prohibition does not apply to areas subject to border regulations situated at the internal borders, except where internal border controls are temporarily reinstated. Persons aged 16 and over who are nationals of the Republic of Lithuania or another European Union Member State or who enjoy the right to free movement within the Union are prohibited from entering border areas without a personal identification document. Persons aged under 16 who are nationals of the Republic of Lithuania or another European Union Member State or who enjoy the right to free movement within the Union are prohibited from entering border areas without a birth certificate, or a child’s travel document or other personal identification document. 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 document, 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 fixed-term 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.
7.

The Advisory Committee agrees with the Commission on the duration of the infringement to be taken into account for the calculation of the basic amount of the fine. A majority agrees and a minority disagrees.
4.

The Advisory Committee agrees with the European Commission as regards the amounts of reductions of the fines based on the 2002 Commission Notice on immunity from fines and reduction of fines in cartel cases. A minority of the Advisory Committee abstain.
1.

The Advisory Committee agrees with Commission’s assessment in the draft decision that in the exceptional circumstances of the case and in the absence of any objective justification, Motorola has infringed Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement by seeking and enforcing an injunction against Apple before the courts of the Federal Republic of Germany.
EN Official Journal of the European Union C 408/4

CLEAN SKY JOINT UNDERTAKING

Publication of the final accounts for the financial year 2013

2014/C 408/04

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

http://www.acer.europa.eu/The_agency/Organisation/Administrative_Board/Pages/Opinions.aspx
EN Official Journal of the European Union C 408/12

EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY

Publication of the final accounts for the financial year 2013

2014/C 408/12

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

http://eit.europa.eu/interact/bookshelf/final-accounts-2013
6.

The Advisory Committee agrees with the Commission’s assessment that the notified transaction is unlikely to give rise to vertical effects that would lead to a significant impediment of effective competition in the following affected markets: (i) propylene and allyl chloride, (ii) chlorine and EDC, (iii) chlorine and chlorine production technologies, (iv) chlorine and electrocoating, (v) salt and caustic soda, (vi) salt and sodium hypochlorite, (vii) chlorine production technologies and caustic soda, (viii) chlorine production technologies and sodium hypochlorite, (ix) electrocoating and caustic soda, (x) electrocoating and sodium hypochlorite, (xi) EDC and EDC/VCM technologies, (xii) EDC and VCM, (xiii) VCM and EDC/VCM technologies, (xiv) EDC catalysts and EDC, (xv) E-PVC and VCM, (xvi) S-PVC and S-PVC technologies, (xvii) S-PVC and PVC additives, (xviii) E-PVC and PVC additives, (xix) S-PVC and S-PVC compounds, (xx) carbon tetrachloride and perchloroethylene, (xxi) carbon tetrachloride and HFC-365mfc.
EN Official Journal of the European Union C 408/21

EUROPOL

Publication of the final accounts for the financial year 2013

2014/C 408/21

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

www.europol.europa.eu/content/page/finance-819
3.

The Advisory Committee agrees with the Commission on the further reduction of the basic amounts for all undertakings on the basis of Point 37 of the 2006 Commission Guidelines on the method of setting fines.
EN Official Journal of the European Union C 408/5

EXECUTIVE AGENCY FOR HEALTH AND CONSUMERS

Publication of the final accounts for the financial year 2013

2014/C 408/05

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

http://ec.europa.eu/chafea/documents/about/final-accounts-2013_en.pdf
4.

The Advisory Committee agrees with the Commission that the object of the agreements and/or concerted practices for the two infringements described in the two draft decisions was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA.
3.

The Advisory Committee agrees with the European Commission’s draft Decision as regards the conclusion that the agreements between the addressees were capable of having an appreciable effect upon trade between EU Member States and between Contracting Parties of the EEA-Agreement.
EN Official Journal of the European Union C 367/3

EUROPEAN AGENCY FOR THE OPERATIONAL MANAGEMENT OF LARGE-SCALE IT SYSTEMS IN THE AREA OF FREEDOM, SECURITY AND JUSTICE

Publication of the final accounts for the financial year 2014

(2015/C 367/10)

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

http://www.eulisa.europa.eu/AboutUs/Finance/Pages/default.aspx