ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 321/2

Final report of the Hearing Officer in case COMP/M.2139 — Bombardier/Adtranz

(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)

(2005/C 321/02)

(Text with EEA relevance)

On 3 April 2001 the European Commission declared a concentration by which Bombardier acquired within the meaning of Article 3(1)(b) of Council Regulation (EEC) No 4064/89 sole control of the undertaking DaimlerChrysler Rail Systems (Adtranz) compatible with the common market and with the functioning of the EEA Agreement. This declaration of compatibility was subject to compliance with several conditions and obligations.

One of the conditions concerned the Austrian undertaking Elin EBG Traction (‘ETR’), a subsidiary of VA Tech AG, which is a supplier of propulsion technology for, among others, regional trains and trams/light rail vehicles. After ETR's structural link with Bombardier was to be severed to render the proposed merger compatible with the common market, it became necessary to create workload for ETR which would allow the company to survive economically. Therefore, Bombardier was obliged to enter into a Joint Development Agreement with ETR for cooperation between these two companies until 2006 in relation to the tram CityRunner Type Linz, for which ETR supplies the electrical traction.

The justification for this obligation is likely to soon cease to exist: Siemens has proposed to acquire sole control of VA Tech and thereby also control of ETR. Therefore, a change in ETR's financial structure is imminent and ETR does not, in that case, need any longer secured orders from Bombardier for its economic survival. It is, consequently, no longer necessary to impose on Bombardier the condition to source the electrical traction for its CityRunner Type Linz from ETR should Siemens acquire sole control of ETR.

Subject to the clearance decision in case COMP/M.3653 — Siemens/VA Tech entering into force, and the proposed acquisition of sole control of VA Tech by Siemens as approved in that decision being implemented, the present draft decision proposes to revoke the aforementioned obligation imposed on Bombardier pursuant to Article 8(5) of Council Regulation (EEC) No 4064/89.

In view of the fact that the proposed draft decision merely relieves Bombardier of an obligation and given that Siemens, in their letter of 16 June 2005, explicitly dispense with any rights that might follow from this obligation, the case does not call for any particular comments as regards the right to be heard.
EN Official Journal of the European Union C 63/35

United Kingdom Government notice concerning European Parliament and Council Directive 94/22/EC of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2006/C 63/03)

(Text with EEA relevance)

ANNOUNCEMENT OF UNITED KINGDOM 24th OFFSHORE OIL AND GAS LICENSING ROUND

DEPARTMENT OF TRADE AND INDUSTRY

The Petroleum Act 1998

Offshore Licensing Round

The Secretary of State for Trade and Industry invites interested persons to apply for Seaward Production Licences in respect of certain acreage on the United Kingdom Continental Shelf.

This invitation is in respect of those blocks and parts of blocks that are not subject to an existing petroleum production licence on the date of this Notice in the areas shown on maps deposited at the Department of Trade and Industry, where they can be viewed by prior appointment (tel: (44) (0) 20 7215 5032) between 0915 and 1645, Monday to Friday during the period of this notice.

Full details of the offer, including lists and maps of the acreage on offer and guidance about licences, the terms which those licences will include, and how to apply, are available on the Energy Resources Development Unit (ERDU) website (see below).

All applications will be judged in accordance with the terms of the Hydrocarbons Licensing Directive Regulations 1995 (S.I. 1995 No. 1434) and against a background of the continuing need for expeditious, thorough, efficient and safe exploration to identify the United Kingdom's oil and gas resources with due regard to environmental considerations. The criteria are available in the Official Journal of the European Union (OJ C 56, 4.3.2004, p. 3) paragraphs 9 to 14 inclusive. Further guidance detailing the above which accompany this offer can be viewed on the Energy Resources Development Unit (ERDU) website: http://www.og.dti.gov.uk/

Licences

Where the Secretary of State offers a licence pursuant to this invitation, the offer will be made within twelve months of the date of this Notice.

The Secretary of State accepts no liability for any costs incurred by the applicant in considering or making its application.

Strategic Environmental Assessment

DTI has conducted a Strategic Environmental Assessment of all of the area to be offered to the standard required in Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment. The finding of the assessment can be found at the Energy Resources Development Unit (ERDU) website: http://www.og.dti.gov.uk/

Licence Administration: Energy Resources Development Unit (ERDU), Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET, United Kingdom (tel: (44) (0) 20 7215 5032, fax: (44) (0) 20 7215 5070).

Energy Resources Development Unit (ERDU) website: http://www.og.dti.gov.uk/
2.

The Advisory Committee agrees that the conduct in question constitutes an infringement of Article 81(1) of the Treaty and Article 53(1) of the EEA Agreement.
EN Official Journal of the European Union C 114/5

Opening to the public of documents and/or files covered by the obligation of professional or business secrecy held in the EIB's historical archives — Search for correspondents

(2006/C 114/07)

The Bank would like to notify the following organisations or their successors in title of its intention to make accessible to the public, in accordance with its ‘Rules on historical archives’ published in the Official Journal of the European Union C 289 of 22 November 2005, p. 12, documents concerning them that were originally covered by the obligation of professional or business secrecy. These organisations are therefore requested to contact the EIB at the following address within eight weeks of publication date of this notice. After this deadline, the Bank will use its best judgment to decide whether to authorise the disclosure of these documents pursuant to Article 2 of the abovementioned rules.

Address of the EIB: EIB, 100, boulevard Konrad Adenauer, L-2950 Luxembourg

For the attention of Mr Eric Van Der Elst, Head of Institutional Memory and Internal Communication Division, e-mail: e.vanderelst@eib.org.

Sector Correspondent Project title Country (1) Electricity production Ministero dell'Economia e delle Finanze, Dipartimento del Tesoro CM 001 Mercure CM 001 Sincat CM 001 Celene Italy Electricity production Ministero dell'Economia e delle Finanze, Dipartimento del Tesoro CM 002 Taloro Italy Transport equipment Ministero dell'Economia e delle Finanze, Dipartimento del Tesoro CM 003 Alfa Romeo Italy Basic metals and metal products Ministero dell'Economia e delle Finanze, Dipartimento del Tesoro CM 004 Tarente Italy Railways Ministero dell'Economia e delle Finanze, Dipartimento del Tesoro FS Genova Modane Italy Electricity production Ministère de l'Économie des finances et de l'industrie, direction du Trésor et de la politique économique Oraison France Water collection, treatment and supply and irrigation Ministère de l'Économie des finances et de l'industrie, direction du Trésor et de la politique économique Bas-Rhône-Languedoc France Railways Ministère de l'Économie des finances et de l'industrie, direction du Trésor et de la politique économique SNCF Modane Chambery France Electricity production Rheinisch-Westfälisches Elektrizitätswerk AG Société Électrique de l'Our Luxembourg Electricity production Société éléctrique de l'Our SA (SEO) Société Électrique de l'Our Luxembourg Chemicals and chemical products Compagnie Saint-Gobain Aquitainechimie France Electricity production Bundesministerium für Wirtschaft Bewag I Germany Chemicals and chemical products Farbenfabriken Bayer AG Progil Bayer Ugine France Railways Ministero delle Infrastutture e dei Trasporti, Dipartimento per i trasporti terrestri, Direzione generale del trasporto ferroviaro FS Genova Modane Italy

(1) Country in which the project was financed
5)

The Advisory Committee agrees with the European Commission's draft decision as regards the addressees of the decision, specifically with reference to the imputation of liability to the parent companies of the groups concerned.
EN Official Journal of the European Union C 122/30

Communication from the French Government concerning 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 (1)

(Notice regarding an application for an exclusive licence to prospect for oil or gas designated the ‘Sancerre licence’)

(Text with EEA relevance)

(2007/C 122/07)

By request of 31 October 2006, Thermopyles SAS, a company with registered offices at 190 rue de Fontenay, F-94300 Vincennes, applied for an exclusive five-year licence, designated the ‘Sancerre licence’, to prospect for oil or gas in an area of approximately 545 km2 covering part of the departments of Cher and Nièvre.

The perimeter of the area covered by this licence consists of the meridian and parallel arcs connecting in turn the points defined below by their geographical coordinates, the original meridian being that of Paris.

Points Longitude Latitude A 0,70° E 52,70° N B 0,50° E 52,70° N C 0,50° E 52,40° N D 0,80° E 52,40° N E 0,80° E 52,60° N F 0,70° E 52,60° N

Submission of applications

The initial applicant and competing applicants must prove that they meet the requirements for obtaining the licence, specified in Articles 4, 5 and 6 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (Journal officiel de la République française of 3 June 2006).

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 30.12.1994, p. 11, and established by Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights. 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 within two years of the date on which the French authorities received the initial application, i.e. by 7 November 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 and underground storage operations and the regulations governing mining and underground storage (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, Mining Legislation Office), 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.
EN Official Journal of the European Union C 204/8

Final report of the Hearing Officer in Case COMP/M.4404 — Universal/BMG Music Publishing

(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 204/04)

On 3 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Universal Music Group Inc. (‘Universal’) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of the undertaking BMG Music Publishing (‘BMG’) which currently forms part of the Bertelsmann group, by way of purchase of shares and assets.

Upon examination of the evidence submitted by 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 8 December 2006.

Access to key documents was provided to the notifying party on 21 December 2006 and again on 26 January 2007, in accordance with the best practices on the conduct of EC merger control proceedings.

On 15 March 2007 the parties offered commitments that modified the original concentration plan. These commitments were modified on 26 March and again on 30 March, and final commitments were submitted on 23 April 2007. 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 me 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 275/29

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

(2007/C 275/13)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block G11 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 94/22/EC 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 G11 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, ter attentie van J.C. De Groot, directeur Energiemarkt, ALP/562, Postbus 20101, 2500 EC Den Haag, Nederland.

Applications submitted after the expiry of this period will not be considered.

A decision on the applications will be taken not later than twelve 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).
3.

The members of the Advisory Committee agree with the Commission that in the light of the commitments offered by DaimlerChrysler, 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 234/9

Corrigendum to Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 412th meeting on 10 July 2006 concerning a draft decision relating to Case COMP/C-3/37.792 — Microsoft

( Official Journal of the European Union C 138 of 5 June 2008 )

2012/C 234/11

On page 9:

for:

‘1. The Advisory Committee agrees’,

read:
1.

The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.
EN Official Journal of the European Union C 85/7

Declaration by the Government of Malta pursuant to Article 5 of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

(2008/C 85/05)

Legislation and schemes as referred to in Article 4(1) and (2) of the Regulation

For the sole and specific purposes of the application of Article 43a and 51a of Regulation (EEC) No 1408/71, the pensions payable under the following legislation:

1. the Pensions Ordinance (Cap. 393);

2. the Police Act (Cap. 164);

3. the Prisons Act (Cap. 260);

4. the Malta Armed Forces Act (Cap. 220),

are to be considered as ‘special schemes for civil servants’ within the meaning of Article 1(ja) of the said Regulation.

The inclusion of the above-mentioned pensions within the scope of the Regulation is without prejudice to the definition of such schemes as ‘service pensions’ for the purposes of the application of the Social Security Act (Cap. 318).
4.

The Advisory Committee agrees with the Commission that the proposed transaction would significantly impede effective competition in the common market as a result of the creation of a dominant position of Ryanair and Aer Lingus on 35 routes from and to Dublin, Shannon and Cork.
4.

The Advisory Committee agrees with the Commission that the proposed concentration does not lead to non-coordinated effects in the world-wide market for copper scrap, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it.
3.

The majority of the Advisory Committee agrees with the Commission on the conclusion that Tomra's practices had an object and effect to restrict competition within the meaning of Article 82 of the EC Treaty and Article 54 of the EEA Agreement. A minority disagrees.
EN Official Journal of the European Union C 99/13

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

2009/C 99/11

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to extract hydrocarbons in an area in the province of Friesland, where the line between 3 and 4 coincides with the western boundary of the Gorredijk extraction authorisation.

The coordinates of the area in question are as follows:

X Y Point 1 174 450,00 559 650,00 Point 2 179 900,00 560 750,00 Point 3 183 450,00 561 231,79 Point 4 172 746,50 545 447,70 Point 5 167 525,00 550 570,00

The coordinates are expressed in accordance with the national triangulation system (Rijksdriehoeksmeting).

The area in respect of which the application is made has a surface area of 104,6 km2.

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 extract hydrocarbons in the area in question.

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 (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:

The Minister for Economic Affairs For the attention of: J.C. De Groot Director for the Energy Market ALP/562 Postbus 20101 2500 EC The Hague NEDERLAND

Applications received after 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 703797382 (contact person: P.C. de Regt).
3.

The Advisory Committee agrees with the Commission that the object and effect of the agreements and/or concerted practices were to restrict competition within the meaning of Article 81(1) of the EC Treaty.
EN Official Journal of the European Union C 133/9

Final report of the Hearing Officer in Case COMP/39.402 — RWE Gas Foreclosure (1)

2009/C 133/07

The draft Decision presented to the Commission under Article 9 of Regulation (EC) No 1/2003 (2) relates to certain practices of RWE. The allegations concern (i) inefficient capacity management of RWE's network and hoarding/understatement of capacity on RWE's network and (ii) margin squeeze.

The Commission opened proceedings with a view to taking a decision under chapter III on 20 April 2007 and adopted a preliminary assessment as referred to in Article 9(1) on 15 October 2008. Ensuing discussions with the Commission services led RWE to submit commitments on 26 November 2008. The commitments essentially consist of the divestiture of RWE's current German gas transmission system business as well as auxiliary equipment and intangible assets necessary for the operation of the transmission network.

On 5 December 2008, the Commission published a notice in the Official Journal of the European Union, pursuant to Article 27(4), summarizing the concerns and the commitments and inviting interested third parties to transmit observations on this notification within one month of its publication. The market test confirmed the appropriateness and proportionality of the proposed commitments. Several comments suggested improvements of technical details. RWE submitted revised commitments on 2 February 2009 which took into account all the suggested improvements.

The Commission has now come to the conclusion that, in view of the commitments proposed by RWE, and without prejudice to Article 9(2), the proceedings should be brought to an end.

On 2 February 2009, RWE has submitted a declaration to the Commission that it has received sufficient access to the information it considered necessary to propose commitments in order to meet the concerns expressed by the Commission.

In the light of the above, I consider that the right to be heard has been respected in this case.

Brussels, 6 March 2009. Michael ALBERS

(1) 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.

(2) In the following, all Articles and chapters referred to are those of Regulation (EC) No 1/2003.
9.

The Advisory Committee agrees with the Commission that the improved remedies submitted on 29 March 2007 for the OE market are sufficient to reduce the deterioration of the competitive structure to a level which is at least comparable to that of the liquidation scenario and therefore the commitments are suitable for remedying the significant impediments to effective competition in the EEA-wide OE markets resulting from the proposed transaction.