ddrg/super_eurlex huggingface dataset:
Opinion of the Advisory Committee on Concentrations given at the 79th meeting on 22 June 2000 concerning a preliminary draft decision relating to case COMP/M.1741 - MCI Worldcom/Sprint

(2003/C 277/02)

(Text with EEA relevance)

1. The majority of the Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(a) of the EC Merger Regulation, and that the notified operation has a Community dimension. A minority does not agree.

2. The Advisory Committee agrees with the Commission that the relevant product markets are:

(a) the market for top-level or universal Internet connectivity;

(b) the market for the provision of packages of customised enhanced and value added corporate telecommunications services (GTS).

3. The Advisory Committee agrees with the Commission that the relevant geographic market

(a) for the market for top-level or universal Internet connectivity is worldwide;

(b) for the market for provision of GTS is worldwide.

4. The Advisory Committee agrees with the Commission that the concentration leads to the creation or the strengthening of a dominant position in the market for the provision of top-level or universal Internet connectivity.

5. The Advisory Committee agrees with the Commission's decision not to pursue further its objection to the market for the provision of GTS, as it could not be excluded that actual competitors could exercise enough competitive constraints on the two market leaders.

6. The Advisory Committee agrees with the Commission that the proposed undertakings are not appropriate to re-establish with enough certainty as to their effects immediate and effective competition on the relevant market for the provision of top-level Internet connectivity.

7. The majority of the Advisory Committee agrees with the Commission that the notified concentration consisting of the merger between MCI Worldcom and Sprint is declared incompatible with the common market and the functioning of the EEA Agreement. A minority does not agree.

8. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

9. The Advisory Committee asks the Commission to take account of all points raised during the discussion in particular concerning the collecitve dominance issue on the GTS market.
Final report of the Hearing Officer in case COMP/M.2947 - Verbund/Energie Allianz

(pursuant to Article 15 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))

(2004/C 69/06)

(Text with EEA relevance)

The draft decision gives rise to the following observations:

The proposed concentration was notified on 20 December 2002.

On 4 February 2003 the Commission initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation, and the parties were given access to the most important submissions on which the Commission based its serious doubts. This is an important feature of the transparency policy which the Commission is currently putting in place.

On 10 April 2003 the Commission sent out a statement of objections and the parties were given access to the file. No issues have been raised with me in this respect, either by the Commission services or by the parties. The parties replied to the statement of objections on 25 April and requested a formal hearing, which was held on 29 April.

On 7 May 2003 the parties submitted proposals for remedies, which were then market tested. The objectivity of the market test has not been questioned by the parties. They then presented modified commitments. This enabled a draft clearance decision to be proposed, subject to conditions. In fact, one objection was dropped by the Commission services after having received the reply to the statement of objections and following the hearing.

Neither the parties nor the third parties have raised objections as to the conduct of the proceedings.

The draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views. I therefore consider that the rights to be heard in this case have been respected.

Done in Brussels, 3 June 2003.

Serge Durande
Opinion of the Advisory Committee on Concentrations given at its 82nd meeting on 12 July 2000 concerning a preliminary draft decision relating to case COMP/M.1806 - Astra Zeneca/Novartis

(2004/C 102/12)

(Text with EEA relevance)

(Commission Decision 2004/310/EC - OJ L 110, 16.4.2004)

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Art 3(1)a of the Merger Regulation.

The Advisory Committee agrees with the Commission that the notified operation has a Community dimension as defined in Art 1(2) of the Merger Regulation.

The Advisory Committee agrees with the Commission's definition of the relevant product markets contained in the Draft Decision.

The Advisory Committee agrees with the Commission's definition of the relevant geographic markets contained in the Draft Decision.

The Advisory Committee shares the Commission's view that the concentration as initially notified would have created or strengthened a dominant position on the markets listed in the Draft Decision.

The Advisory Committee shares the Commission's view that the commitments submitted by the parties are sufficient to remove competition concerns.

The Advisory Committee therefore agrees that the operation should be declared compatible with the common market and the functioning of the EEA-Agreement.

1. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

2. The Commission takes into account the remarks and comments made by the Advisory Committee.
5.

The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's charter flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine.
3.

The Advisory Committee agrees with the Commission that the agreement between Heineken N.V./Heineken France and Danone/Brasseries Kronenbourg has as its object the restriction of competition within the meaning of Article 81(1) of the Treaty.
I.

The Advisory Committee agrees with the Commission on the following points: 1. the merger operation constitutes a concentration within the meaning of Article (1)(b) of Regulation (EEC) No 4064/89 on the control of concentrations having a Community dimension; 2. the merger has a Community dimension within the meaning of Article 1(3) of Regulation (EEC) No 4064/89 on the control of concentrations having a Community dimension; 3. the relevant product markets affected by the concentration may be defined as follows: (a) deep fryers; (b) mini ovens; (c) toasters; (d) sandwich and waffle makers; (e) appliances for informal meals; (f) electric barbecues and indoor grills; (g) rice cookers and steam cookers; (h) electric filter coffee makers; (i) kettles; (j) espresso coffee machines; (k) blenders and food preparation appliances; (l) irons and ironing stations; (m) personal care appliances; 4. the relevant geographic markets are national, with the exception of the United Kingdom and Ireland, which form a single market; 5. subject to the continued implementation of the commitments which were proposed under the Commission Decision of 8 January 2002, the merger does not create or strengthen a dominant position on the relevant geographic markets and is compatible with the common market and with the EEA Agreement.
EN Official Journal of the European Union C 251/6

Notification by the Republic of Latvia concerning visa reciprocity (1)

(2005/C 251/09)

The Permanent Representation of the Republic of Latvia to the EU presents its compliments to the Secretariat General of the Council of the European Union and has the honour to bring to their attention the following issue.

Becoming a Member State of the European Union, Latvia unilaterally introduced visa-free regime for the citizens of the State of Brunei Darussalam in accordance with EU Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.

Pursuant to Article 2 of EU Council Regulation (EC) No 851/2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism, Latvia would like to notify the Council and the Commission that the State of Brunei Darussalam continue to apply unilateral visa regime to the citizens of the Republic of Latvia.

Taking into consideration the abovementioned and in accordance with the solidarity mechanism provided by Regulation (EC) No 539/2001 and Regulation (EC) No 851/2005 amending Regulation (EC) No 539/2001 for achieving full reciprocity in respect to all Member States, Latvia believes that appropriate measures have to be taken in order to assure that all EU citizens may enter the territory of the State of Brunei Darussalam under equal conditions.

The Permanent Representation of the Republic of Latvia to the EU avails itself of this opportunity to renew to the Secretariat General of the Council of the European Union assurances of its highest consideration.

(1) This notification is published in conformity with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).
1.

The Advisory Committee agrees with the Commission that the addressees of the Draft Decision have participated in a continuing agreement or/and a concerted practice concerning the sale by auction of fine art sector contrary to Article 81(1) EC Treaty and 53(1) of the EEA Agreement.
EN Official Journal of the European Union C 277/2

Notification by the Republic of Austria concerning visa reciprocity (1)

(2005/C 277/03)

In accordance with Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism (OJ L 141 of 4.6.2005), the Republic of Austria hereby informs you that Austrian nationals are subject to a visa requirement in the following third countries:

— Australia,

— Brazil (visa waiver for tourism purposes only, visa requirement for business trips),

— Brunei (visa waiver for stays of up to 30 days only),

— Nicaragua (visa waiver for stays of up to one month only),

— Venezuela (visa waiver for stays of up to 60 days only).

(1) This notification is published in conformity with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).
EN Official Journal of the European Union C 251/4

Notification by the Republic of Latvia concerning visa reciprocity (1)

(2005/C 251/05)

The Permanent Representation of the Republic of Latvia to the EU presents its compliments to the Secretariat General of the Council of the European Union and has the honour to bring to their attention the following issue.

Becoming a Member State of the European Union, Latvia unilaterally introduced visa-free regime for the citizens of Republic of Bolivia in accordance with EU Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.

Latvia would like to notify the Council and the Commission that the Republic of Bolivia applies visa-free regime up to 30 days to the citizens of the Republic of Latvia. Taking into account recital 4 of the Preamble of Council Regulation (EC) No 851/2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism, this situation can not be admitted as full reciprocity.

Taking into consideration the abovementioned and in accordance with the solidarity mechanism provided by Regulation (EC) No 539/2001 and Regulation (EC) No 851/2005 amending Regulation (EC) No 539/2001 for achieving full reciprocity in respect to all Member States, Latvia believes that appropriate measures have to be taken in order to assure that all EU citizens may enter the territory of Republic of Bolivia under equal conditions.

The Permanent Representation of the Republic of Latvia to the EU avails itself of this opportunity to renew to the Secretariat General of the Council of the European Union assurances of its highest consideration.

(1) This notification is published in conformity with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).
EN Official Journal of the European Union C 327/1

Notification by the Slovak Republic concerning visa reciprocity (1)

(2005/C 327/01)

The Permanent Representation of the Slovak Republic to the European Union presents its compliments to the Council of the European Union and to the European Commission and has the honour of notifying that, pursuant to Article 1(4)(f) of Council Regulation (EC) No 539/2001 of 15 March 2001, as amended by Council Regulation (EC) No 851/2005 of 2 June 2005, the Panamian Republic, by a note of 22 August 2005, has given notification of the abolition of visa requirements for nationals of the Slovak Republic in respect of all types of passport.

The Permanent Representation of the Slovak Republic to the European Union avails itself of this opportunity to assure the Council of the European Union and the European Commission of its highest consideration and friendship.

(1) This notification is published in conformity with Article 1(4)(f) of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).
EN Official Journal of the European Union C 309/9

Communication from Ireland pursuant to 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

Announcement of 2006 Licensing Round — Slyne, Erris and Donegal Basins

(2005/C 309/04)

(Text with EEA relevance)

In accordance with Article 3(2)(a) of the abovementioned Directive, the Minister for Communications, Marine and Natural Resources hereby gives notice of a change in regard to areas available for licensing from the previous notice published in the Official Journal of the European Communities reference 94/C 299/04 dated 27 October 1994.

Hydrocarbon Exploration frontier Licensing Round in the Slyne, Erris and Donegal Basins

An area covering 73 full blocks and 31 part-blocks in the Slyne, Erris and Donegal Basins has been designated a Frontier Area and has been selected for inclusion in a Petroleum Exploration Licensing Round. Until 15 March 2006, the closing date of the Round, no Exploration Licence or Licensing Option will be issued in respect of any of the blocks in the Round.

List of blocks (73 Full Blocks and 31 Part Blocks)

Blocks 6/26, 6/27 (part), 6/28 (part), 6/29 (part)

Blocks 11/23 (part), 11/28 (part), 11/29, 11/30

Blocks 12/2 (part), 12/3 (part), 12/4, 12/5, 12/7 (part), 12/8 (part), 12/9, 12/10, 12/11 (part), 12/12 (part), 12/13, 12/14, 12/15, 12/16 (part), 12/17, 12/18, 12/19, 12/21, 12/22, 12/23, 12/24, 12/26, 12/27

Blocks 13/1, 13/2, 13/3, 13/4, 13/5, 13/6, 13/8, 13/9, 13/10, 13/11 (part), 13/12 (part), 13/13, 13/14, 13/15

Blocks 14/1, 14/2, 14/3, 14/4 (part), 14/6, 14/7, 14/8, 14/9, 14/10 (part)

Blocks 18/14 (part), 18/15 (part), 18/19 (part), 18/20 (part), 18/23, 18/24, 18/25 (part), 18/28, 18/29, 18/30 (part)

Blocks 19/2 (part), 19/3 (part), 19/4 (part), 19/5, 19/7 (part), 19/9, 19/11 (part), 19/12 (part), 19/13, 19/16 (part), 19/17 (part), 19/21 (part), 19/22, 19/26

Block 20/1

Blocks 27/2, 27/3, 27/4, 27/5, 27/6, 27/7, 27/8, 27/9, 27/10, 27/11, 27/12, 27/13, 27/14, 27/15, 27/16, 27/17, 27/18, 27/19, 27/21, 27/22, 27/23, 27/24, 27/26, 27/27, 27/28

Closing date: Wednesday, 15 March 2006

In accordance with Article 5(1)(a) and (b) of the abovementioned Directive, the Minister for Communications, Marine and Natural Resources hereby gives notice that the criteria under which authorisations will be awarded have been published on the website of the Petroleum Affairs Division (www.pad.ie).

Further information regarding details of the 2006 Licensing Round may be obtained from
EN Official Journal of the European Union C 52/5

Final report of the hearing officer in case COMP/M.3099 — Areva/Urenco

(pursuant to Article 15 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)

(2006/C 52/05)

On 8 and 26 April 2004, the Commission received a joint referral request from the authorities of France, Sweden and Germany, pursuant to Article 22 of Council Regulation (EEC) No 4064/89 (the ‘Merger Regulation’), to investigate a proposed concentration by which the undertaking Société de participations du Commissariat à l'Energie Atomique SA (‘Areva’), acquires within the meaning of Article 3 (1)(b) of the Merger Regulation joint control of the undertaking Enrichment Technology Company Limited (‘ETC’), formerly solely controlled by the undertaking Urenco Limited (‘Urenco’), by way of purchase of shares.

Upon examination of the evidence submitted by the referring Member States and the parties to the proposed concentration and after conducting a market investigation, the Commission concluded that the concentration raised serious doubts as to its compatibility with the common market and decided to initiate proceedings under Article 6 (1)(c) of the Merger Regulation on 22 June 2004.

Upon the parties' request of 22 June 2004, a review of key documents was provided in accordance with the best practices on the conduct of EC merger control proceedings on 14 July 2004.

On 20 August 2004 the parties offered commitments that modified the original concentration plan, some aspects of which were amended following the market test conducted by the Commission. Final commitments were submitted on 3 September 2004. On the basis of these undertakings the relevant Commission service considered that the serious doubts had been removed. Accordingly no statement of objections was sent to the parties. No queries were raised before the Hearing Officer by the parties or other companies as to the market test. The case does not call for any particular comments as regards the right to be heard.
EN Official Journal of the European Union C 27/1

Notification by the Republic of Estonia concerning visa reciprocity (1)

(2006/C 27/01)

The Permanent Representation of the Republic of Estonia to the European Union presents its compliments to the Council of the European Union and has the honour of notifying that, pursuant to Article 1(4)(f) of Council Regulation (EC) No 539/2001 of 15 March 2001, as amended by Council Regulation (EC) No 851/2005 of 2 June 2005, on 26 December 2005 the Government of Uruguay has decided to abolish the visa requirement for Estonian nationals for stays in Uruguay not exceeding three months.

The Permanent Representation of the Republic of Estonia to the European Union avails itself of this opportunity to assure to the Council of the European Union of its highest consideration.

(1) This notification is published in conformity with Article 1(4)(f) of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).
3.

The Advisory Committee agrees with the Commission that, as regards the dealer remuneration system put in place in the Netherlands by the addressees of the draft decision, the object and effect of the agreements at issue were to restrict competition within the meaning of Article 81(1) of the EC Treaty.
EN Official Journal of the European Union C 74/11

Communication from the French Government concerning 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 (1)

(Notice concerning an application for an exclusive licence to prospect for oil and gas, designated the ‘Ledeuix Licence ’)

(Text with EEA relevance)

(2007/C 74/08)

By request of 28 July 2006, Exceed Energy France SAS, a company with registered offices at 38, rue du Berry, F-75008 Paris, applied for a five-year exclusive licence, designated the ‘Ledeuix Licence’, to prospect for oil and gas in an area of around 1 440 km2 covering part of the departments of Pyrénées-Atlantiques and Landes.

The perimeter of the area covered by this licence is made up of the meridian and parallel arcs successively joining the vertices defined below by their geographical coordinates, the original meridian being that of Paris:

Vertices Longitude Latitude A 3,80° W 48,20° N B 3,50° W 48,20° N C 3,50° W 48,194° N D 3,28° W 48,15° N E 3,28° W 48,06° N F 3,14° W 48,06° N G 3,14° W 48,00° N H 3,90° W 48,00° N I 3,90° W 48,90° N J 3,80° W 48,90° N

Vertices C to D = south-western limit of the Lacq concession

Submission of applications

The initial applicant and competing applicants must prove that they comply with the requirements for obtaining the licence, as specified in Articles 4, 5 and 6 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights.

Interested companies may, within ninety days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France ’published in Official Journal of the European Communities C 374 of 30 December 1994, page 11, and established by Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (Journal officiel de la République française, 3 June 2006).

Competing applications must be sent to the Minister responsible for mines at the address below. Decisions on the initial application and competing applications will be taken by 28 September 2008 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Applicants are referred to Articles 79 and 79.1 of the Mining Code and to Decree No 2006-649 of 2 June 2006 on mining operations, underground storage and the regulations governing them (Journal officiel de la République française of 3 June 2006).

Further information can be obtained from the Ministry of Economic Affairs, Finance and Industry (Directorate-General for Energy and Raw Materials, Directorate for Energy and Mineral Resources, Bureau of Mining Legislation, 61, boulevard Vincent Auriol, Télédoc 133, F-75703 Paris Cedex 13 (telephone: (33) 144 97 23 02, fax: (33) 144 97 05 70).

The abovementioned laws and regulations can be consulted at:

http://www.legifrance.gouv.fr

(1) OJ L 164, 30.6.1994, p. 3.
12.

The Advisory Committee agrees with the Commission that, subject to full compliance with the undertakings offered by the parties, and considered all undertakings together, the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with Article 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement.