ddrg/super_eurlex huggingface dataset:
Final Report of the Hearing Officer (1)

Case AT.40608 Broadcom – Commitments

(Text with EEA relevance)

(2021/C 81/08)

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 Broadcom Inc. (‘Broadcom’).

In the same Case AT.40608 the Commission already adopted, on 16 October 2019, a decision pursuant to Article 8 of Regulation (EC) No 1/2003 imposing interim measures on Broadcom (the ‘Interim Measures Decision’). (3) In my Final Report of 8 October 2019, I already concluded that the effective exercise of procedural rights had been respected in the interim measures procedure. (4)

On 1 April 2020, Broadcom proposed commitments (the ‘Initial Commitments’) in order to meet the concerns expressed in the Interim Measures Decision as well as some further concerns expressed in the statement of objections of 26 June 2019 preceding the Interim Measures Decision, the combination of which constitutes the preliminary assessment for the purposes of the Draft Decision.

On 30 April 2020, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No 1/2003, inviting comments from interested third parties on the Initial Commitments.

On 29 June 2020, the Commission informed Broadcom of the observations received.

On 31 July 2020, Broadcom submitted amended commitments in response to the comments received (the ‘Final Commitments’).

The Draft Decision makes the Final Commitments binding upon Broadcom for seven years and concludes that there are no longer grounds for action by the Commission in this case as regards the concerns as set out in the preliminary assessment.

I have not received any request or complaint with respect to the commitments procedure.

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

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’).

(3) Commission Decision of 16 October 2019 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union, Article 54 of the EEA Agreement and Article 8 of 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 (Case AT.40608 – Broadcom), C(2019) 7406 final.

(4) Final Report of the Hearing Officer – Broadcom – Interim Measures Procedure (AT.40608) of 8 October 2019.
Summary of Commission Decision

of 6 March 2020

relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union

(Case AT.40335 – Romanian gas interconnectors)

(notified under document C(2020) 1232)

(Only the English text is authentic)

(2021/C 16/04)

On 6 March 2020, the Commission adopted a decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

(1) The case concerns Societatea Națională de Transport Gaze Naturale Transgaz S.A. (‘Transgaz’), the sole manager and operator of the natural gas transmission network in Romania.

(2) The concern of the Commission was that Transgaz may have abused its dominant position on the market for natural gas transmission in Romania by creating or maintaining barriers to the cross-border flow of natural gas from Romania to other Member States, in particular Hungary and Bulgaria. Such conduct could lead to the partitioning of the internal market along national borders and discrimination between customers in Romania and customers in other Member States.

(3) The Commission considers that the commitments offered by Transgaz following the preliminary assessment and the observations submitted by interested third parties are sufficient to address the identified competition concerns. Firstly, the commitments provide that Transgaz will make available increased capacities for natural gas exports towards Hungary and Bulgaria. Secondly, the commitments provide that Transgaz will ensure that the tariff proposals it submits to the Romanian energy regulator will not discriminate against exports. Finally, the commitments provide that Transgaz will not prevent, hinder, or discriminate against, directly or indirectly, gas exports through any other means.

(4) The decision finds that, in light of the commitments, there are no longer grounds for action by the Commission. The decision will be binding until 31 December 2026.

(5) The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 19 February 2020.

(1) OJ L 1, 4.1.2003, p. 1.
1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision took place on the primary and secondary market of EGB in the EEA and constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 EEA Agreement.
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.40424 Capcom

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/17)

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.
OfficialJournaloftheEuropeanCommunities 13
2116/67 OFFICIALJOURNALOFTHEEUROPEANCOMMUNITIES 3.6.67
NOTICE
Amendmenttothelistofveterinaryexpertswhomaybecalledupontoformulate
opinionsinintra-Community tradeinbovineanimalsandswineandinfreshmeat
(67/356/EEC)
Theparticularsgiveninthe'Name','Address'and'TelephoneNo'columnsofentry
No8inthe'Bovineanimalsandswine'sectionofthelistofveterinaryexperts
publishedinOfficialJournaloftheEuropeanCommunitiesNo100of7June1966,
page1604/66arereplacedbythefollowing:
—name:Prof.Dr.ManfredMussgay
PräsidentderBundesforschungsanstalt fürViruskrankheiten derTiere
—address:74Tubingen,
WaldhäuserHöhe
Germany
—telephoneNo:Tubingen
4341
No C 129/2 Official  Journal  of the European  Communities 10. 6. 75 
Withdrawal  of certain  proposals  and  drafts  from  the Commission  to the  Council 
On 26 February  1975  the Commission  decided  to withdraw  some  of its proposals  and 
drafts  to the Council  which  were  no longer  topical. 
The titles  of the texts  published  in the Official  Journal  are given  in the following  list: 
Title Proposals  and  drafts Parliament's  opinion The opinion  of the 
Economic  and  Social 
Committee 
Proposal  for  a Council  Regulation  concerning  the 
abolition  of discrimination  in transport  rates  and 
conditions OJ No 66, 
7. 4. 1966, 
p. 964/66 OJ No C 10, 
14. 2. 1968, 
p. 11 OJ No 64, 
5. 4. 1967, 
p. 1012/67 
Proposal  for  a Council  Regulation  concerning  the 
introduction  of common  rules  in respect  of the 
regulation  of carrying  capacity  in domestic  road 
haulage OJ No 254, 
20. 10. 1967, 
p. 3 OJ No C 72, 
19. 7. 1968, 
p. 53 OJ No C 49, 
17. 5. 1968, 
p. 1 
Proposal  for  a Council  Regulation  on the  standard-
ization  of import  arrangements  applied  by  each 
Member  State  to third  countries  in respect  of products 
processed  from  fruit  and vegetables OJ No C 108, 
22. 8. 1969, 
p. 1 OJ No C 40, 
3. 4. 1970, 
p. 12 
Proposals  for Council  Regulations  on: 
I. health  standards  for fresh  meat  transported  from 
one Member  State  to another 
II. health  inspection  standards  concerning  bovine  ani-
mals  and  swine  transported  from  one  Member 
State  to another OJ No C 127, 
4. 10. 1969, 
p. 7 OJ No C 160, 
18. 12. 1969, 
p. 45 Opinion  of the ESC 
at its session  of 23 to 
24 September  1970 
(not published  in the 
Official  Journal) 
Draft  Council  resolution  on a programme  for  the 
reduction  of pollution  and  nuisances OJ No C 52, 
26. 5. 1972, 
p. 34 OJ No C 82, 
26. 7. 1972, 
p. 42 OJ No C 142, 
31. 12. 1972, 
p. 18 
Draft  recommendation  of the Council  to the signatory 
Member  States  of the Berne  convention  establishing  the 
International  Commission  for  the  Protection  df the 
Rhine  against  Pollution OJ No C 52, 
26. 5. 1972, 
p. 39 OJ No C 82, 
26. 7. 1972, 
p. 43 OJ No C 25, 
28. 4. 1973, 
p. 5 
Proposal  for a Council  Decision  concerning  the partici-
pation  of the  EEC  in the  negotiations  for  the con-
clusions  of a convention  for  the  prevention  of sea-
pollution  from  land-based  sources OJ No C 114, 
27. 12. 1973, 
p. 32 OJ No C 2, 
9. 1. 1974, 
p. 59
No C 233/2 Official Journal of the European Communities 7. 9. 82 
Fifth 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 Regu­
lation (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 of 11 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) 
Page 9: in connection with Australia the following laboratory is added to column 3: 
Seppeltsfield Laboratory 
B. Seppelt and Sons Ltd, 
Seppeltsfield, via Greenock, 
South Australia, 
Australia 5360.
29.1.85 OfficialJournaloftheEuropeanCommunities NoL24/21
Commissioncommunication concerningthedateofapplicationofRegulation
(EEC)No2807/83
TheissuetotheMemberStatesofthelogbookslaiddowninCommissionRegulation
(EEC)No2807/83of22September1983layingdowndetailedrulesforrecordinginfor­
mationonMemberStates'catchesoffish('),havingbeencompletedon31December
1984,thesaidRegulationbecomesapplicable,inaccordancewiththesecondparagraphof
Article6,on1April1985.
(')OJNoL276,10.10.1983,p.1.
Notice of the impending expiry of certain anti-dumping measures

(2000/C 349/03)

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 of 22 December 1995(1) on protection against dumped imports from countries not members of the European Community.

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 B-1), rue de la Loi/Wetstraat 200, B-1049 Brussels(2), 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, as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

(2) Telex COMEU B 21877; fax (32-2) 295 65 05.
Notice of the impending expiry of certain anti-dumping measures

(2000/C 52/03)

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 of 22 December 1995(1) 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; Telefax (32-2) 295 65 05.
Notice of the impending expiry of certain anti-dumping measures

(2000/C 193/04)

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 of 22 December 1995(1) 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 European Commission, 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.

>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.
Uniform application of the Combined Nomenclature

(Classification of goods)

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 2559/2000(2)

(2001/C 39/08)

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

On page 288 the following text is inserted: "Note 4 to Section XVI

Unless otherwise indicated, transmission can also be made by means of devices (whether or not built into the individual components) which use infrared rays, radio waves or laser beams etc. over short distances."

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

(2) OJ L 293, 22.11.2000, p. 1.

(3) OJ C 199, 13.7.2000, p. 1.
Communication in accordance with Article 12(5)(a) of Regulation (EEC) No 2913/92 of 12 October 1992, on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

(2001/C 78/14)

Binding tariff information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:

Amendments to the Harmonised System Explanatory Notes and the compendium of classification opinions approved by the Customs Cooperation Council (CCC documents NC0090 and NC0250: reports of the 23rd and 25th Sessions of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER AN ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANISATION

(23rd and 25th SESSIONS IN MAY 1999 AND IN MARCH 2000)

DOCUMENTS NC0090 AND NC0250

>TABLE>

Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, B-1049 Brussels) or can be downloaded from the internet site of this Directorate-General.

(http://europa.eu.int/comm/dgs/taxation_customs/index_en.htm).
Commission notice updating the list of parties under examination pursuant to Commission Regulation (EC) No 88/97 on the exemption from the extended anti-dumping duty on imports of certain bicycle parts originating in the People's Republic of China, and lifting the suspension of payment of the extended duty granted to certain parties

(2001/C 170/03)

Commission Regulation (EC) No 88/97(1) of 20 January 1997 authorises the exemption from the extended anti-dumping duty on imports of certain bicycle parts originating in the People's Republic of China. This duty resulted from the extension by Council Regulation (EC) No 71/97(2) of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93(3), and maintained by Council Regulation (EC) No 1524/2000(4). Annex I to Regulation (EC) No 88/97 comprises a list of parties whose requests for authorisation for exemption from the extended duty imposed by Regulation (EC) No 71/97 were under examination.

Interested parties are hereby informed of the receipt of further requests for exemption, pursuant to Article 3 of Regulation (EC) No 88/97, and of requests which are still under examination at this stage. The suspension from the extended duty, following these requests, took effect as shown in Annex I to this notice, which constitutes an updated list of parties under examination.

In addition, certain parties which had requested an exemption from the extended duty subsequently withdrew their requests. The parties concerned are listed in Annex II to this notice. The suspension should be lifted in their respect as from the date of effect given in that Annex.

(1) OJ L 17, 21.1.1997, p. 17.

(2) OJ L 16, 18.1.1997, p. 55.

(3) OJ L 228, 9.9.1993, p. 1.

(4) OJ L 175, 14.7.2000, p. 39.

ANNEX I

Parties under examination

>TABLE>

ANNEX II

Parties for which the suspension is lifted

>TABLE>
Commission notice on the issuing of licences to railway undertakings

(2001/C 202/11)

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: Svenska Tågkompaniet AB, Box 45, S - 971 02 Luleå

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

3. Date of the decision: 29 August 2000

First issued

>PIC FILE= "C_2001202EN.001902.TIF">

Suspended [square ]

Revoked [square ]

Amended [square ]

4. Licence No: J 00-1075/81

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 numbers, e-mail address)

Ulrik Bergman, (46-243) 44 60 16, Fax (46-243) 44 60 05, e-mail: ulrik.bergman@jarnvagsinsp.se
Reference numbers for the notification of the export of certain dangerous chemicals

(The following is published so as to comply with Article 4 of Council Regulation (EEC) No 2455/92(1))

(2001/C 229/02)

(Text with EEA relevance)

This Regulation introduced a notification procedure for the export of chemicals which are banned or severely restricted in the European Community. This requires that the first export of such a chemical, or a preparation containing it, to a particular country shall not occur until 30 days after a notification, that each notification be given a reference number, and that that number accompany subsequent exports of the same chemical from the Community to the same third country.

Current reference numbers

Article 4 of the Regulation specifies that the Commission shall periodically publish a list of these reference numbers in the Official Journal of the European Communities, stating the chemical concerned and the third country of destination.

Below is the list of current reference numbers for the banned or severely restricted chemicals that have been exported by 30 June 2001.

Yearly export notifications

A yearly export notification scheme was started on 1 April 2001. This scheme, in which certain requirements of the Rotterdam Convention are anticipated while Regulation (EEC) No 2455/92 is still binding, introduces a system of yearly export notifications to be made the first time in each calendar year that a chemical listed in the Annex I is exported from the Community to a third country.

Export reference numbers granted under this system are also listed below.

SUMMARY OF CURRENT EXPORT REFERENCE NUMBERS FOR CHEMICALS

(NOT PREPARATIONS)

>TABLE>

YEARLY EXPORT NOTIFICATIONS

>TABLE>

SUMMARY OF CURRENT EXPORT REFERENCE NUMBERS FOR PREPARATIONS

>TABLE>

REFERENCE NUMBERS NO LONGER RELEVANT

The following reference numbers are no longer relevant since the third countries to which the exports were made have subsequently reported an import decision under the prior informed consent (PIC) procedure(2) that prohibits the import of these substances.

SUMMARY OF NO LONGER RELEVANT EXPORT REFERENCE NUMBERS FOR CHEMICALS (NOT PREPARATIONS)

>TABLE>

(1) OJ L 251, 29.8.1992, p. 13.

(2) See PIC Circular IX, June 1999.