ddrg/super_eurlex huggingface dataset:
2.

The Advisory Committee agrees with the Commission that there is a relevant product market for: (a) recorded music, which might be subdivided into separate markets for different genres and for compilations, (b) online music divided into the wholesale market for licenses for online music and the retail market for distribution of online music, (c) music publishing, which might be subdivided into separate markets for mechanical rights, performance rights, synchronisation rights, printing rights and other rights.
3.

The members of the Advisory Committee ask the Commission to take into account all the other points raised during the discussion.
6.

The Advisory Committee agrees with the Commission that subject to full compliance with the undertakings offered by the parties, the notified concentration should be declared compatible with the Common Market and with the functioning of the EEA Agreement in accordance with Articles 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement.
EN Official Journal of the European Union C 251/8

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

(2005/C 251/12)

The Ministry of Foreign Affairs of the Republic of Lithuania presents its compliments to the Council of the European Union and to the European Commission and has the honour to notify that having regard to Article 2 of Council Regulation (EC) No 851/2005 from 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, the citizens of the Republic of Lithuania are subject to a visa requirement when entering the following countries, listed in Annex II of Regulation (EC) No 539/2001:

1. Australia;

2. Brunei;

3. Canada;

4. United States of America;

5. Brazil (The Republic of Lithuania has signed the bilateral agreement on the waiver of visa requirement with Brazil, which did not come into force (Diplomatic Note of the Republic of Lithuania No 4005/2003 from 19 August 2093) — no official notification from Brazil).

The Ministry of Foreign Affairs of the Republic of Lithuania avails itself of this opportunity to renew to the Council of the European Union and to the European Commission the assurance 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 251/2

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

(2005/C 251/03)

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 Republic of Nicaragua 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 although the Republic of Nicaragua applies visa-free regime to the citizens of Republic of the Latvia, it is required to buy a tourism card upon arrival in the Republic of Nicaragua. 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 the Republic of Nicaragua 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 322/17

Notice

(2005/C 322/11)

On 30 November 2005, Ms Waltraud Hakenberg, Registrar of the European Union Civil Service Tribunal (1), took the oath in accordance with Articles 4 and 20 of the Rules of Procedure of the Court of First Instance and Article 3(4) of Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal, and took up her duties for a term of six years expiring on 29 November 2011.

(1) OJ 2005 C 296, p. 39.
3.

The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are as follows: (a) the electricity wholesale market is Portuguese in scope and will remain so in the timeframe considered for the purposes of the decision, in particular in view of the different competitive conditions between both Iberian countries that currently exist and are likely to remain in the foreseeable future (b) the retail electricity markets are Portuguese in scope (c) the geographic market for electricity balancing power and ancillary services will remain national (d) with regard to the above gas product markets, that all markets except the market for supply of gas to small customers are national in scope whereas the exact geographic scope of the market for supply to small customers, which can be expected to become national within a short period of time after opening of the market to competition but which is no larger than national, can be left open.
EN Official Journal of the European Union C 40/1

Declaration by the Netherlands in accordance with Article 5 and Article 97 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

(2006/C 40/01)

The Netherlands Government wishes to inform you of the following:

In accordance with Article 5 and Article 97 of 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, Member States are required to specify the social security legislation to which this Regulation applies and to notify it to you.

The Netherlands Government wishes to amend one point of the declaration. This amendment relates to the entry into force of a new law.

On 1 January 2006 the Law on Invalidity Insurance for Employees was replaced by the Law on Work and Income in Accordance with Capacity for Work. The Law on Invalidity Insurance for Employees continues to apply only to persons who already receive benefits.

The above gives rise to the following amendment:

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

Invalidity benefits, including those for maintaining or improving earning capacity:
2.

The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as an agreement and/or concerted practice within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.
1.

The majority of the Advisory Committee agrees with the Commission that in this decision it is not necessary to define the relevant market. A minority of the Advisory Committee abstains.
4.

The majority of the Advisory Committee agrees with the Commission that the notified concentration should be declared compatible with the Common Market and with the functioning of the EEA Agreement in accordance with Articles 2(2) and 8(1) of the Merger Regulation and Article 57 of the EEA Agreement.
The Advisory Committee agrees with the Commission that the Final Remedies Package submitted on 23 April 2007 which comprises the following catalogues and contracts:

(a) BMG MP catalogues — Zomba Music Publishers Limited — 19 Music Limited — 19 Songs Limited — BBC music publishing catalogue — Zomba U.S. (EEA-wide licence)

(b) Universal catalogues — Rondor Music (London) Limited

is sufficient to remove the competition concerns on the market for publishing rights for online applications, both under an EEA-wide or national geographic market definition.
EN Official Journal of the European Union C 277/18

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 277/12)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block P3 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 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 P3 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: The Minister for Economic Affairs, For the attention of J.C. De Groot, Director for the Energy Market, ALP/562, P.O. Box 20101, 2500 EC Den Haag, the Netherlands.

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).
EN Official Journal of the European Union C 255/35

View of the representatives of the EFTA States concerning a preliminary draft decision relating to Case COMP/C.38.121 — Fittings

(Meeting on 11 September 2006 of the EC Advisory Committee on restrictive practices and dominant positions)

(2007/C 255/12)

1. The representative of the EFTA States agrees with the European Commission's assessment of the product and the geographic area affected by the cartel in the draft decision.

2. The representative of the EFTA States agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement.

3. The representative of the EFTA States agrees with the European Commission's view that the infringement referred to a single and continuous infringement, especially regarding the period after the inspections in March/April 2001.

4. The representative of the EFTA States agrees with the European Commission's draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

5. The representative of the EFTA States agrees with the European Commission as regards the assessment of the leniency applications and their ranking.

6. The representative of the EFTA States agrees to close the proceedings against FNAS.
11.

The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed concentration does not significantly impede effective competition in the common market or 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), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement.
EN Official Journal of the European Union C 19/1

Notification by Romania concerning visa reciprocity (1)

(2008/C 19/01)

Brussels, 7 November 2007

Ref. No 9752

The Permanent Representation of Romania to the European Union presents its compliments to the General Secretariat of the Council of the European Union and, further to the Permanent Representation's Verbal Note No 1629 of 21 February 2007 and on the basis of Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 amending Council Regulation (EC) No 539/2001 of 15 March 2001 as regards the reciprocity mechanism, has the honour to communicate that, following the entry into force of the Agreement between the Government of Romania and the Government of the Federative Republic of Brazil concerning the abolition of the visa system, as of 11 November 2007, Romanian citizens are exempt from the visa obligation for transit and journeys of short duration.

A similar notification has been sent to the European Commission.

The Permanent Representation of Romania takes this opportunity to once again assure the Council of the European Union of its highest consideration.

(1) This notification is published in conformity with Article 2 of the 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).
4.

The Advisory Committee agrees with the Commission on the reductions of the fines based on the 2002 Leniency Notice.
EN Official Journal of the European Union C 219/10

View of the representative of the EFTA States concerning a preliminary draft decision relating to Case COMP/E-1/38.113 — Prokent/Tomra

Meeting on 27 March 2006 of the EC Advisory Committee on restrictive practices and dominant positions

(2008/C 219/11)

1. The Advisory Committee agrees with Commission's conclusion as regards the gravity of the infringement.

2. The Advisory Committee agrees with the Commission's conclusion as regards the starting amount of the fine.

3. The Advisory Committee agrees with the Commission's conclusion as regards the duration of the infringement.

4. The Advisory Committee agrees with the Commission that there are no: 1. aggravating circumstances; 2. attenuating circumstances.

5. The Advisory Committee agrees with the Commission on the final amounts of the fines for the infringement of Article 82 of the EC Treaty.

6. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
4.

The Advisory Committee agrees with the European Commission assessment on the duration of the infringement, as being from 9 years for Bayer, DuPont, Denka, Enichem and Tosoh and 6 year and a month for Dow and DPE.
EN Official Journal of the European Union C 99/14

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 99/12

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block F12 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block F12 of the Dutch continental shelf.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (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 EJ Den Haag 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 by telephoning Mr P.C. de Regt: +31 703797382.
EN Official Journal of the European Union C 108/1

Declaration of the European Parliament, the Council and the Commission on the financing of projects in the field of energy and broadband Internet as well as the CAP Health Check in the framework of the European Economic Recovery Plan

2009/C 108/01

The European Parliament, the Council and the Commission have agreed on the financing, in the framework of the European Economic Recovery Plan for modernisation of infrastructures and energy solidarity, of projects in the field of energy and broadband Internet, as well as the CAP Health Check. The projects eligible for Community support are identified in the legislative acts concerned.

The package, which aims at providing additional stimulus to the economy and improving energy security, amounts to EUR 5 000 million in current prices:

— EUR 3 980 million will be made available for the financing of energy projects under heading 1a of the financial framework: EUR 2 000 million in 2009 and EUR 1 980 million in 2010,
EN Official Journal of the European Union C 147/13

Final report of the Hearing Officer in Case COMP/M.4956 — STX/Aker Yards

(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)

2009/C 147/10

On 16 November 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which STX Corporation (‘STX’) would acquire de facto control of the whole of Aker Yards A.S.A. (‘Aker’) by way of purchase of shares.

Competition concerns were raised during the first phase of the investigation into the proposed merger, which caused the Commission to decide, on 20 December 2007, to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation.

The notifying party did not request access to key documents in accordance with DG Competition's ‘Best Practices on the conduct of EC merger control proceedings’.

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

No queries or submissions have been made to me by the merging parties in the course of the procedure.

Derogation Decision

On 5 March 2008, STX requested a derogation from the suspension obligation pursuant to Article 7(3) of the Merger Regulation. On 10 March 2008, STX reiterated the request on the basis of new developments that had taken place since its first request. On 19 March 2008, the Commission granted the requested derogation from the obligations imposed by Article 7(1) of the Merger Regulation, subject to certain conditions.

Request for access to file by third party

On 1 April 2008, a third party, Fincantieri-Cantieri Navali S.p.A (‘Fincantieri’) wrote to the Deputy Director General in DG Competition repeating a request to grant it access to the investigation file. A similar request was sent to me on 9 April 2008 claiming that a refusal was a breach of Fincantieri's right to be heard. By letter of 14 April 2008, the Deputy Director General provided a detailed reasoned response to Fincantieri's letter of 1 April 2008, concluding that, as a third party, Fincantieri was not entitled to access to the investigation file in this case. I also wrote to Fincantieri on 15 April 2008, confirming that the analysis provided by DG Comp was correct. I also confirmed that, in my view, based on the written submissions to and oral contacts held with the Commission services in the course of the procedure, Fincantieri, as an interested third party, had been properly heard in this case.

The case does not call for any further comments as regards the right to be heard.
6.

The Advisory Committee agrees with the Commission’s assessment that the implementation of the commitments submitted on 31 July 2009 by the notifying party will lead to timely market entry by one or more airlines into, and thereby sufficiently resolve the competition concerns identified with respect to, the supply of passenger air transport services on the following routes: (a) Vienna-Stuttgart; (b) Vienna-Cologne; (c) Vienna-Munich; (d) Vienna-Frankfurt; and (e) Vienna-Brussels.
4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by E.ON AG, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.
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.
3.

The Advisory Committee agrees with the EFTA Surveillance Authority on the reduction of the amount of the fine because of the length of the procedure.