ddrg/super_eurlex huggingface dataset:
Final report of the Hearing Officer in cases COMP/D-3/35.470 - ARA and COMP/D-3/35.473 - ARGEV, ARO

(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 64/03)

(Text with EEA relevance)

The draft decision in the above-mentioned case gives rise to the following observations:

On 30 June 1994 Altstoff Recycling Austria AG ("ARA") and ARGEV Verpackungsverwertungs-Gesellschaft m.b.H. ("ARGEV") notified various agreements to the EFTA Surveillance Authority seeking negative clearance or alternatively exemption from the ban on restrictive practices. In accordance with Article 172(3) of the Act of Accession, EFTA transferred responsibility for examining these notified agreements to the European Commission by letter dated 21 March 1995.

By letter dated 28 August 2001, ARA notified further agreements to the Commission with a view to obtaining negative clearance or exemption. ARA and ARGEV also sought to have their notifications joined. At the same time Altpapier-Recycling-Organisations GmbH ("ARO") indicated that it was becoming a party to the notification.

Following publication of a notice pursuant to Article 19(3) of Council Regulation No 17 and Article 3 of Protocol 21 to the EEA Agreement on 19 October 2002, a total of eight interested third parties submitted their comments to the Commission.

In the course of the proceedings the Commission has received several undertakings which alleviated some of its competition concerns. Furthermore, the Commission considered it necessary to impose certain obligations in connection with the present decision to satisfy the test of exemption in Article 81(3) of the EC Treaty. The parties and the complainants were given the opportunity to comment on the obligations envisaged. As the parties had raised doubts, asto whether one of the obligations proposed also concerned third parties, these were given the opportunity to comment on the envisaged obligations, too.

I therefore conclude, that the rights to be heard have been respected in the present case.

Done at Brussels, 23 September 2003.

Serge Durande
Opinion of the Advisory Committee on Concentrations given at its 99th meeting on 13 September 2001 concerning a preliminary draft decision relating to case COMP/M.2434 - Grupo Villar Mir/ENBW/Hidroeléctrica del Cantábrico

(2004/C 42/06)

(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 Merger Regulation, and that the notified operation has a Community dimension as defined by Article 1(2) of the Merger Regulation.

2. The Advisory Committee agrees with the Commission that the relevant product market in this case is the wholesale market for electricity (the pool and bilateral contracts between eligible customers and generators).

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

4. The Advisory Committee agrees with the Commission that the concentration leads to a strengthening of an existing oligopolistic dominant position on the wholesale market for electricity in Spain, as a result of which effective competition would be significantly impeded within the Common Market.

5. A majority of the Advisory Committee agrees with the Commission that the commitments submitted by EDF and EDF/RTE concerning an increase in interconnecting capacity between Spain and France will remove all the competitive concerns identified by the Commission. A minority disagrees.

6. A majority of the Advisory Committee agrees with the Commission that, subject to the full compliance of the submitted commitments, the notified concentration should be declared compatible with the Common Market. A minority disagrees.

7. The Advisory Committee asks the Commission to take into account all the comments made in the discussion, in particular with regard to the implementation and monitoring of the commitments.

8. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Final report of the Hearing Officer in case COMP/M.2972 - DSM/Roche Vitamins

(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 69/07)

(Text with EEA relevance)

On 31 March 2003 the Commission received notification pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (the "Merger Regulation") of an acquisition through which DSM NV ("DSM"), a Dutch undertaking, has agreed to acquire control of Roche Vitamins and Fine Chemicals Division ("RV & FC"). Undertakings were submitted by DSM on 25 April, as amended on 13 May, but were deemed insufficient to prevent formal proceedings from being initiated under Article 6(1)(c) of the Merger Regulation on 19 May 2003.

Further undertakings were submitted by DSM on 27 June which were market tested by the Commission. Following discussions with the relevant Commission service, a final set of undertakings was submitted on 9 July 2003.

On the basis of these undertakings the relevant Commission service considered that the competition concerns were fully resolved. Accordingly no statement of objections was sent to the parties.

The case does not call for any particular comments with regard to the right to be heard.

Done in Brussels, 22 July 2003.

Karen Williams
EN Official Journal of the European Union C 238/3

ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS

(2004/C 238/03)

The annual average costs do not take into account the reduction of 20 % provided for in Articles 94(2) and 95(2) of Council Regulation (EEC) No 574/72.

The net monthly average costs have been reduced by 20 %.

AVERAGE COSTS OF BENEFITS IN KIND — 2001 (1)

I. Application of Article 94 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to the benefits in kind provided in 2001 to members of the family as referred to in Article 19(2) of Council Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs:

Annual Net monthly United Kingdom GBP 1 525,84 GBP 101,72 Italy ITL 3 627 404 ITL 241 827 EUR 124,89

II. Application of Article 95 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to benefits in kind provided in 2001 under Articles 28 and 28a of Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs:

Annual Net monthly United Kingdom — per family GBP 2 726,65 GBP 181,78 — per capita GBP 2 154,70 GBP 143,65 Italy — per family ITL 6 639 111 ITL 442 607 EUR 228,59 — per capita ITL 4 311 111 ITL 287 407 EUR 148,43

AVERAGE COSTS OF BENEFITS IN KIND — 2002 (2)

I. Application of Article 94 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to the benefits in kind provided in 2002 to members of the family as referred to in Article 19(2) of Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs:

Annual Net monthly Spain EUR 497,15 EUR 33,14 Netherlands EUR 1 524,81 EUR 101,65

II. Application of Article 95 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to benefits in kind provided in 2002 under Articles 28 and 28a of Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs (only per capita from 2002):

Annual Net monthly Spain — per capita EUR 2 416,73 EUR 161,12 Netherlands — pensioners younger than 65 years of age EUR 1 524,81 EUR 101,65 — pensioners aged 65 and over EUR 7 930,36 EUR 528,69

(1) Average costs 2001:

Spain and Austria (OJ C 3, 8.1.2003);

Belgium, Germany, Greece, France, Luxembourg, the Netherlands and Portugal (OJ C 37, 11.2.2004).

(2) Average costs 2002:
Final report of the Hearing Officer in case COMP/38.359 - Electrical and mechanical carbon and graphite products

(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 102/06)

(Text with EEA relevance)

The draft decision gives rise to the following observations on the right to be heard:

Following the denunciation of the cartel by Morgan Crucible Company plc, the Commission initiated proceedings on 23 May 2003 and adopted a Statement of Objections against the following undertakings, C. Conradty Nürnberg GmbH, Hoffmann & Co. Elektrokohle AG, Le Carbone Lorraine SA, Morgan Crucible Company plc, Schunk GmbH and Schunk Kohlenstofftechnik GmbH, jointly and severally and SGL Carbon AG.

All parties submitted written replies to the objections within the time allowed. They did not substantially contest the facts.

The companies were given access to file by means of CD-ROMs.

An oral hearing took place on 18 September 2003 to which Morgan and Conradty did not attend.

In view of the replies given by the companies in writing and at the hearing, the duration of Hoffmann's participation in the infringement has been reduced.

This case has not given rise to procedural issues so far as the right to be heard is concerned. I also believe that the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making their views known.

Done at Brussels, 25 November 2003.

Serge Durande
2.

The Advisory Committee agrees with the Commission that absence of any information on the Tetra Fast technology in Tetra Laval's Article 11 Reply to questions 4 and 5 of the Request for Information of 13 July 2001 was incorrect within the meaning of Article 14(1)(c) of Council Regulation (EEC) No 4064/89.
EN Official Journal of the European Union C 142/43

Notice from the Government of the Italian Republic in accordance with the second paragraph of Article 14 of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons

(2005/C 142/06)

(Text with EEA relevance)

All related information may be obtained from:

ASSESSORATO INDUSTRIA Via U. La Malfa 87/89 — 90146 Palermo Dipartimento Industria Servizio II — Risorse Minerarie ed Energetiche Via U. La Malfa 87/89 — 90146 Palermo Tel. (091) 707 06 46; (091) 707 06 05; fax: (091) 707 06 99 — e-mail: f.marceno@regione.sicilia.it

which, with reference to Article 10 of Directive 94/22/EC, is the competent authority for issuing prospection, exploration, production, transport and storage licences for oil and gas in the Region of Sicily.
EN Official Journal of the European Union C 251/4

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

(2005/C 251/06)

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.

As a Member State of the European Union, Latvia unilaterally maintains visa-free regime for the citizens of the United States of America 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 United States of America 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 United States of America 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).
7.

The Advisory Committee agrees with the Commission that in the markets for high-function FMS and HR for large and complex enterprises, Oracle, PeopleSoft and SAP are the main players, but that it cannot be excluded that Lawson, Intentia, IFS, Qad and Microsoft are vendors in those markets.
EN Official Journal of the European Union C 287/6

Annual Report 2004

(2005/C 287/07)

The European Ombudsman has presented his Annual Report for the year 2004 to the European Parliament, in accordance with Article 195(1) of the Treaty establishing the European Community and Article 3(8) of the Decision of the European Parliament on the Regulations and General Conditions Governing the performance of the Ombudsman's Duties.

The Annual Report as well as a shorter version containing only the Executive Summary and the Statistics are available on the European Ombudsman's website in all 20 official languages at: http://www.euro-ombudsman.eu.int.

Paper copies of these publications can be requested free of charge from the European Ombudsman's office:
EN Official Journal of the European Union C 251/11

Notification by the Czech Republic concerning visa reciprocity (1)

(2005/C 251/16)

The Permanent Representation of the Czech Republic to the EU presents its compliments to the Council of the European Union and has the honour to express its appreciation for the Council of the European Union once again for its continued cooperation and support on various matters related to the everyday conduct of duties of the Permanent Representation. In view of the amicable and working atmosphere existing between the Council of the European Union and the Permanent Representation, the latter wishes to use this opportunity to bring to the attention of the Council of the European Union the following issue.

The Czech Republic officially notifies the countries which despite of the fact the Czech Republic being a Member State of the EU since 1 May 2004 still apply the unilateral visa regime to the Czech citizens.

By this note on the basis of Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visa when crossing the external borders and those whose nationals are exempt from that requirement, the Czech Republic notifies the United States of America as the country which unilaterally applies the visa regime to the nationals of the Czech Republic.

As the visa reciprocity issue is considered to be a very sensitive problem on political level the Czech Republic believes that the appropriate measures will be taken to assure that all EU citizens on one side and the citizens of the United States of America on the other side will enjoy the same equal and reciprocal regime when crossing the respective borders.

The Permanent Representation of the Czech Republic to the European Union avails itself of this opportunity to renew to the Council of the European Union the assurances of its highest consideration and friendship.

(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 undertaking given by Bombardier in case COMP/M.2139 — Bombardier/ADtranz of 4 April 2001 to only purchase electrical traction for trams of the type Cityrunner Linz from Elin EBG Traction, a subsidiary of VA Tech, for a period of 5 years, is no longer warranted as soon as the Commission clearance decision with conditions and obligations in case 3653 Siemens/VA Tech is adopted and in force, and, subsequently, VA Tech becomes part of Siemens.
EN Official Journal of the European Union C 56/1

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 56/01)

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

On 1 January 2005 the Childcare Act entered into force. The financing of childcare is borne by three parties: parents, government and employers. A precondition for a means-tested government contribution towards childcare costs is that both parents must be in employment or in receipt of benefit. The contribution paid by the government must be classified as a family allowance.

The above gives rise to the following amendment:

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

Family allowances:
EN Official Journal of the European Union C 27/5

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 liquid and gaseous hydrocarbons, designated the ‘Montargis Licence’)

(2006/C 27/04)

(Text with EEA relevance)

By request of 16 August 2005, Essence de Paris, a company with registered offices at 26bis, rue des Cornouillers, F-78480, Verneuil sur Seine, applied for an exclusive licence, designated the ‘Montargis Licence’, to prospect for liquid and gaseous hydrocarbons in an area of around 538 km2 covering part of the department of Loiret.

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 0,20 degrees E 53,40 degrees N B 0,60 degrees E 53,40 degrees N C 0,60 degrees E 53,20 degrees N D 0,20 degrees E 53,20 degrees N

Submission of applications

The initial applicant and competing applicants must prove that they comply with the requirements for obtaining the licence, 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 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, 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 16 August 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 police (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. (33-1) 44 97 02 30, fax (33-1) 44 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 162/17

Final report of the Hearing Officer in case COMP/38.069 — Copper plumbing tubes

(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 162/09)

The draft decision in this case gives rise to the following observations:

The Commission began proceedings in January 2001 when Mueller Industries Inc. provided information about the existence of a cartel in the copper tube market. The Commission carried out several inspections according to Article 14 of Regulation 17.

On 29 August 2003 the Commission adopted a Statement of Objections against twenty two parties. Access to the file was granted by means of two CD ROMs and an additional one with all documents except business secrets, confidential information and internal documents. The addressees were given eight weeks to reply to the Statement of Objections. The deadline to reply was extended taking account in particular that an additional CD-Rom had been sent out to the addressees.

All addressees replied within the time allowed. With exception of HME, they all requested an oral hearing pursuant to Article 5 of Commission Regulation (EC) No 2842/98 which took place on 28 November 2003. The facts of the cartel set out in the SO were not challenged by any parties with the exception of the Dutch company HME which did not attend the hearing and did not comment on the infringements.

In the light of the explanations supplied in the written reply to the Statement of Objections and at the hearing, it was decided not to continue the proceedings against Societá Metallurgica Italiana Spa, the Italian holding company of the KME-group, because not enough evidence had been found in its involvement in the infringements. Its role was limited to the acquisition of shareholdings and financial activities.

I consider that the right to be heard of the parties has been respected in this case. The draft decision only deals with arguments mentioned in the statement of objections.