ddrg/super_eurlex huggingface dataset:
Opinion of the Advisory Committee on Concentrations given at the 109th meeting on 27 May 2002 concerning a draft decision relating to Case COMP/M.2624 - BP/Erdölchemie

(2004/C 84/08)

(Text with EEA relevance)

(See Commission Decision 2004/285/EC - OJ L 91, 30.3.2004, p. 40)

1. The Advisory Committee agres with the Commission that Deutsche BP AG has supplied the incorrect and misleading information in the notification pursuant to Article 4 of the MR in case M.2345 - BP/Erdölchemie identified in the draft decision.

2. The Advisory Committee agrees with the Commission that Deutsche BP AG negligently, not intentionally, supplied the incorrect and misleading information in question.

3. The Advisory Committee agrees with the Commission as to the nature of the infringement.

4. The Adisory Committee agrees with the Commission's assessment of the gravity of the infringement.

5. The Advisory Committee agrees with the Commission that fines should be imposed on Deutsche BP AG in accordance with Article 14(1)(b) of the Merger Regulation.

6. The Advisory Committee agrees on the amount of the fine proposed by the Commission.

7. The Advisory Committee agrees that the opinion of the Advisory Committee shall be published.

8. The Advisory Committee asks the Commission to take account of all other points raised during its discussion of the case and recommends the publication of its opinion in the Official Journal of the European Union.
Opinion of the Advisory Committe on Concentrations given at its 92nd meeting on 6 March 2001 concerning a preliminary draft decision relating to case COMP/M.1915 - The Post Office/TPG/SPPL

(2004/C 69/02)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation and that it has a Community dimension.

2. The Advisory Committee agrees with the Commission that the relevant product markets are: the market for outbound cross border business mail and the outbound cross border parcels.

3. The Advisory Committee agrees with the Commission with the geographic market definition given in the draft decision.

4. The Advisory Committee agrees with the Commission that the proposed operation does not create or strengthen a dominant position as a result of which effective competition would be significantly impeded within the common market or in a substantial part of it on a market for outbound cross border parcels.

5. The Advisory Committee agrees with the Commission that the proposed operation does not create or strengthen a dominant position as a result of which effective competition would be significantly impeded within the common market or in a substantial part of it on a market for outbound cross border business mail in the United Kingdom.

6. The Advisory Committee agrees with the Commission that the proposed operation strengthens a dominant position as a result of which effective competition would be significantly impeded within the common market or in a substantial part of it on a market for outbound cross border business mail in The Netherlands.

7. A majority of the Advisory Committee agrees with the Commission that the commitments proposed by the notifying party will remove the competitive concerns raised by the notified operation.

A minority considers that the commitments dated on 27 February and the commitments dated on 2 March will not remove the competitive concerns raised by the notified operation.

A minority considers that the late commitments dated on 2 March cannot be taken into account.

8. A majority of the Advisory Committee agrees with the Commission that, subject to full compliance with the commitments, the notified operation should be declared compatible with the common market and the functioning of the EEA Agreement. A minority disagrees.

9. The Advisory Committee recommends the Commission to take account of all the matters raised in the discussion.

10. The Advisory Committee agrees with the publication of its opinion in the Official Journal of the European Union.
Final report of the Hearing Officer in case COMP/E.1/36.212 - Carbonless Paper

(prepared under Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of referene of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

(2004/C 96/05)

(Text with EEA relevance)

The right of the undertakings to be heard has been respected. The procedure has progressed in due form for both written and oral phases, during which parties have been heard in the hearing of 28 March 2001.

On this occasion, it appeared that evidence of the infringements as described in the statement of objections was insufficient for the last part of the period 1992-1997.

In these circumstances, in calculating the fine, the Directorate General for Competition draw the necessary conclusions regardig the duration of the infringements as suggested by the Hearing Officer. As a result, the fine has been calculated on the basis of elements showing clear evidence, i.e. until September 1995.

Done at Brussels, 5 December 2001.

Serge Durande
EN Official Journal of the European Union C 92/31

Final report of the hearing officer in Case COMP/M.3255 — Tetra Laval/Sidel

(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)

(2005/C 92/08)

(Text with EEA relevance)

The draft decision based on Article 14 of Council Regulation (EC) No 4064/89 in the present case does not give rise to particular comments on the proceedings.

On 1 August 2003 the Commission sent a statement of objections to Tetra Laval B.V. (‘Tetra Laval’). Access to file was made available by way of CD-Rom. This CD-Rom was transmitted on 12 September 2003.

Tetra Laval submitted a written response to the Statement of Objections on 31 October 2003, but waived their right to be heard orally.

On 5 March 2004 the Commission addressed a letter to the parties setting out certain additional elements of fact that it intended to rely upon and gave the parties the opportunity to supply any comments. Tetra Laval responded on 12 March 2004.

Accordingly, I conclude that the rights to be heard have been respected in the present case.
EN Official Journal of the European Union C 175/4

Final report of the Hearing Officer in Case COMP/37.750 — Brasseries Kronenbourg, Brasseries Heineken

(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)

(2005/C 175/04)

(Text with EEA relevance)

The draft decision in the present case does not give rise to particular comments on the proceedings.

On 5 February 2004 the Commission sent a Statement of Objections to Groupe Danone, Brasserie Kronenbourg S.A, Heineken N.V and Heineken France S.A. Access to file was granted on 10 and 11 February 2004 for Groupe Danone and Brasserie Kronenbourg S.A. and on 12 February 2004 for Heineken N.V and Heineken S.A.

The parties responded in writing between 2 and 6 April 2004. All parties waived their right to an oral hearing.

In the light of responses to the Statement of Objections, the Commission limited the scope of the objections against the parties.

I conclude that the rights to be heard have been respected in the present case. The draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views.
EN Official Journal of the European Union C 144/9

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 to prospect for, exploit and extract hydrocarbons (1)

(Notice regarding applications for exclusive licences to prospect for liquid and gaseous hydrocarbons, designated the ‘Aquila’ and ‘Arcachon Maritime’ licences)

(2005/C 144/04)

(Text with EEA relevance)

By request of 18 December 2004, Vermilion Rep SAS and Vermilion Exploration SAS, with registered offices on Route de Pontenx, Parentis-en-Born, 40161 (France), applied for an exclusive five-year licence, designated the ‘Aquila’ licence, to prospect for liquid and gaseous hydrocarbons in an area of approximately 709 km2 covering part of the department of Gironde and the seabed off this department.

By request of 4 March 2005, Island Oil and Gas plc, with registered offices at ‘Curdarragh’, Annamult, Bennettsbridge, County Kilkenny (Ireland), applied for an exclusive five-year licence, designated the ‘Arcachon Maritime’ licence, to prospect for liquid and gaseous hydrocarbons in an area of approximately 638 km2 covering part of the seabed off the department of Gironde, in partial competition with the application for the Aquila licence.

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 (Greenwich coordinates):

VERTICES LONGITUDE LATITUDE A 4.30° W (1°31'56'' W) 49.90° N (44°54'40'' N) B 3.90° W (1°10'20'' W) 49.90° N (44°54'40'' N) C 3.90° W (1°10'20'' W) 49.80° N (44°49'16'' N) D 4.00° W (1°15'44'' W) 49.80° N (44°49'16'' N) E 4.00° W (1°15'44'' W) 49.59° N (44°37'55'' N) F 4.01° W (1°16'17'' W) 49.59° N (44°37'55'' N) G 4.01° W (1°16'17'' W) 49.56° N (44°36'18'' N) H 4.00° W (1°15'44'' W) 49.56° N (44°36'18'' N) I 4.00° W (1°15'44'' W) 49.50° N (44°33'04'' N) J 4.10° W (1°21'08'' W) 49.50° N (44°33'04'' N) K 4.10° W (1°21'08'' W) 49.60° N (44°38'28'' N) L 4.20° W (1°26'32'' W) 49.60° N (44°38'28'' N) M 4.20° W (1°26'32'' W) 49.70° N (44°43'52'' N) N 4.30° W (1°31'56'' W) 49.70° N (44°43'52'' N)

Interested companies may, within 90 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 95-427 of 19 April 1995 regarding mining rights (Journal officiel de la République française of 22 April 1995).

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, France (tel. (33) 144 97 23 02, fax (33) 144 97 05 70).

(1) OJ L 164, 30.6.1994, p. 3.
EN Official Journal of the European Union C 251/13

Notification by Malta concerning visa reciprocity (1)

(2005/C 251/21)

In accordance with Article 2 of Council Regulation (EC) No 851/2005/EC whereby Member States are requested to notify the Council and the Commission all cases of non-reciprocity existing on 24 June 2005, the following is a list of countries for which Maltese nationals still need a visa but, visa for citizens of the same countries have been lifted:

— Australia,

— Bolivia,

— Brazil,

— Brunei,

— Panama,

— United States of America.

(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 277/1

Notification by Sweden concerning visa reciprocity (1)

(2005/C 277/02)

In accordance with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001, I wish to inform you that as of today nationals of the Kingdom of Sweden are subject to a visa requirement in the following third countries listed in Annex II to Regulation (EC) No 539/2001:

— Australia,

— Brunei Darussalam (for a stay exceeding 14 days; in the case of a shorter stay, visa will be issued at entry point),

— Venezuela (tourist card, issued by Venezuelan consular representation abroad, is required and has a validity of 90 days).

(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 251/13

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

(2005/C 251/20)

Following the entry into force of Council Regulation (EC) No 851/2005 of 2 June 2005 amending Council Regulation (EC) No 539/2001 of 15 March 2001, I wish to hereby submit to the Council and the Commission of the European Union notification pursuant to Article 2 of Regulation (EC) No 851/2005, to the effect that the following third countries in Annex II to Regulation (EC) No 539/2001 continue to unilaterally impose a visa requirement on nationals of the Republic of Cyprus:

— Australia,

— Brazil,

— Brunei (Visa is required for a stay exceeding 14 days),

— United States of America.

(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 331/8

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 regarding an application to extend the exclusive licence to prospect for liquid and gaseous hydrocarbons designated the ‘Lavignolle licence’)

(2005/C 331/04)

(Text with EEA relevance)

By request of 2 August 2005, Marex Petroleum Corporation (dba Marex, Inc.), a company with registered offices at 11711 Memorial Drive, Suite 258, Texas 77024 Houston (United States), and Etablissements Maurel & Prom, a company with registered offices at 12, rue Volney, 75002 Paris (France), applied for an extension of the exclusive licence to prospect for liquid or gaseous hydrocarbons designated the ‘Lavignolle licence’ in an area of approximately 71 km2 covering part of the department of Gironde.

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 3.70° E 49.60° N B 3.60° E 49.60° N C 3.60° E 49.50° N D 3.70° E 49.50° N

Submission of applications

The initial applicants and competing applicants must prove that they comply with the requirements for obtaining the licence, defined in Articles 3, 4 and 5 of Decree 95-427 of 19 April 1995, as amended, concerning mining 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 95-427 of 19 April 1995, as amended, concerning mining rights (Journal officiel de la République française, 22 April 1995).

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 4 August 2007 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Interested companies are referred to Articles 79 and 79.1 of the mining code and Decree No 95-696 of 9 May 1995, as amended, on the start of mining operations and the mining regulations (Journal officiel de la République française, 11 May 1995).

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 (tel. (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 310/2

Notification by the Kingdom of Norway concerning visa reciprocity (1)

(2005/C 310/02)

In accordance with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001, I wish to inform you that as of today nationals of the Kingdom of Norway are subject to a visa requirement in the following third countries listed in Annex II to Regulation (EC) No 539/2001:

— Australia

— Brunei (visa required for stays exceeding 14 days)

— Panama (visa issued free of charge on arrival).

(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 56/8

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 regarding an application for an exclusive licence to prospect for oil and gas, designated ‘Permis de Joigny’)

(2006/C 56/06)

(Text with EEA relevance)

On 26 October 2005, Madison Energy France S.C.S., a company with its registered office at 13/15 boulevard de la Madeleine, F-75001 Paris, applied for an exclusive four-year licence, designated ‘Permis de Joigny’, to prospect for oil and gas in an area covering 134 km2 in the department of Yonne.

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

POINTS LONGITUDE LATITUDE A 1,20° E 53,50° N B 1,30° E 53,50° N C 1,30° E 53,30° N D 1,20° E 53,30° N

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 3, 4 and 5 of Decree No 95-427 of 19 April 1995, as amended, concerning mining 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 30.12.1994, p. 11, and established by Decree No 95-427 of 19 April 1995, as amended, concerning mining rights (Journal officiel de la République française, 22 April 1995).

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 28 October 2007 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 95-696 of 9 May 1995, as amended, on the start of mining operations and the mining regulations (Journal officiel de la République française, 11 May 1995).

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.
4a.

The aforementioned provisions transpose Articles 3, 4, 5(1) and (2) and 6(1) and (2) of Directive 94/22/EC: — Article 3 of Directive 94/22/EC is transposed by Articles 11, 26a and 26b of the Geological and Mining Law Act and by the Regulation of the Council of Ministers of 21 July 2005 concerning the tender procedure for the acquisition of mining usufruct rights; — Article 4 of Directive 94/22/EC is transposed by Articles 22, 23 and 102(1)(2) of the Geological and Mining Law Act and by the Regulations of the Minister for the Environment of 19 December 2001 concerning plans for geological studies (Rozporządzenie Ministra Środowiska w sprawie projektów prac geologicznych) (4) (Journal of Laws No 153, item 1777), and of 27 June 2005 laying down detailed requirements to be met by mineral deposit management plans (Rozporządzenie Ministra Środowiska w sprawie szczegółowych wymagań, jakim powinny odpowiadać projekty zagospodarowania złóż) (5) (Journal of Laws No 128, item 1075); — Article 5(1) of Directive 94/22/EC is transposed by Articles 18 and 20(1)(2) and (3) of the Geological and Mining Law Act, Article 49(1)(3) and (2) of the Act of 2 July 2004 on freedom of economic activity (Ustawa o swobodzie działalności gospodarczej) (6) (Journal of Laws No 173, item 1807) and the Regulation of the Council of Ministers of 21 July 2005 concerning the tender procedure for the acquisition of mining usufruct rights; — Article 5(2) of Directive 94/22/EC is transposed by Articles 15-100 of the Geological and Mining Law Act, Article 48 of the Act on freedom of economic activity and the Regulation of the Council of Ministers of 21 July 2005 concerning the tender procedure for the acquisition of mining usufruct rights; — Article 6(1) and (2) of Directive 94/22/EC is transposed mutatis mutandis by Articles 17 and 22 of the Geological and Mining Law Act.
The majority of the Advisory Committee shares the Commission's view that the commitments submitted by the Parties, to sell

a) the air spring production in Hungary;

b) the 50 % stake held by Phoenix in Vibracoustic and

c) a production line for wide steel cord belts,

are sufficient to remove the competition concerns mentioned above (question 5.).

The minority disagrees.
EN Official Journal of the European Union C 251/20

Member States notifications in accordance with Article 5 of Decision 895/2006 (1) of the European Parliament and of the Council of 14 June 2006 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories

and

Article 4 of Decision 896/2006 (2) of the European Parliament and of the Council of 14 June 2006 establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory

(2006/C 251/06)

The following Member States that acceded in 2004 have notified that they will fully implement Decision 895/2006 and Decision 896/2006 from the date indicated in the following table:

Date of implementation Decision 895/2006: Visas and residence permits issued by Schengen Member States and all Member States that acceded in 2004 Decision 896/2006: Residence permits issued by Switzerland and Liechtenstein Cyprus 10 July 2006 10 July 2006 Czech Republic 1 September 2006 1 September 2006 Hungary 1 September 2006 1 September 2006 Latvia 1 December 2006 1 December 2006 Malta 1 October 2006 1 October 2006 Poland 1 August 2006 1 August 2006 Slovenia 10 July 2006 10 July 2006 Slovakia 1 October 2006 1 October 2006

Estonia and Lithuania have notified that they will not implement both Decisions.

(1) OJ L 167, 20.6.2006, p. 1.

(2) OJ L 167, 20.6.2006, p. 8.