do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on Concentrations given at its meeting on 5 October 2000 concerning a preliminary draft decision relating to Case COMP/M.1845 — AOL/Time Warner (Text with EEA relevance)
Date: 2000-10-05
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Internet, dominant position, economic concentration, merger control, music, software

C 283/6

EN

Official Journal of the European Communities

9.10.2001

OPINION

of the Advisory Committee on Concentrations

given at its meeting on 5 October 2000 concerning a preliminary draft decision relating to Case
COMP/M.1845 (cid:151) AOL/Time Warner

(2001/C 283/05)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-

tration within the meaning of the Merger Regulation and that it has a Community dimension.

2. The Advisory Committee agrees with the Commission’s definition of the following relevant markets:

(a) the market for online music (narrow-band) content at least EEA dimension, whereby it is not

relevant to further distinguish between separate markets for downloading and streaming;

(b) the market for supply of player software, which market appears to be global;

(c)

the markets for internet dial-up access (narrow-band access) of national dimension.

3. A majority of the Advisory Committee agrees with the Commission that the new entity would become

dominant in:

(a) the market for online music;

(b) the market for music software;

and that it is not necessary to conclude on whether the transaction could lead to the creation of a
dominant position in the UK market for Internet dial-up access.

A minority disagrees.

4. The Advisory Committee agrees with the Commission that the new entity would not become dominant

for broad-band content nor for broad-band access.

5. A majority of the Advisory Committee agrees with the Commission that the remedies proposed by the
parties remove all the competitive concerns of the concentration identified in the draft decision.

A minority takes the position that remedies are not necessary in this case.

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

the

European Communities.

7. The Advisory Committee asks the Commission to take into account the remarks and comments made

by the delegations during the discussion.
Commission Regulation (EC) No 2116/2000 of 5 October 2000 concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 1701/2000
Date: 2000-10-05
Institutions: European Commission
Subjects: award of contract, common wheat, export refund, third country

L 252/8

EN

Official Journal of the European Communities

6.10.2000

COMMISSION REGULATION (EC) No 2116/2000

of 5 October 2000

concerning tenders notified in response to the invitation to tender for the export of common
wheat issued in Regulation (EC) No 1701/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2),

Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for the
application of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (3),
as last amended by Regulation (EC) No 2513/98 (4), and in
particular Article 4 thereof,

Whereas:

(1)

An invitation to tender for the refund for the export of
common wheat to all third countries, with the exclusion
of certain ACP States, was opened pursuant to Commis-
sion Regulation (EC) No 1701/2000 (5), as amended by
Regulation (EC) No 2019/2000 (6).

(2)

(3)

(4)

Article 7 of Regulation (EC) No 1501/95 allows the
Commission to decide, in accordance with the procedure
laid down in Article 23 of Regulation (EEC) No 1766/92
and on the basis of the tenders notified, to make no
award.

On the basis of the criteria laid down in Article 1 of
Regulation (EC) No 1501/95 a maximum refund should
not be fixed.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 29
September to 5 October 2000 in response to the invitation to
tender for the refund for the export of common wheat issued
in Regulation (EC) No 1701/2000.

This Regulation shall enter into force on 6 October 2000.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16.
(5) OJ L 195, 1.8.2000, p. 18.
(6) OJ L 241, 26.9.2000, p. 37.
Commission Regulation (EC) No 2114/2000 of 5 October 2000 amending Regulation (EC) No 174/1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products
Date: 2000-10-05
Institutions: European Commission
Subjects: export licence, export refund, milk, milk product

L 252/6

EN

Official Journal of the European Communities

6.10.2000

COMMISSION REGULATION (EC) No 2114/2000

of 5 October 2000

amending Regulation (EC) No 174/1999 laying down special detailed rules for the application of
Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of
milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Milk and Milk Products,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 26(3) thereof,

Whereas:

(1)

for

Commission Regulation (EC) No 174/1999 (3), as last
amended by Regulation (EC) No 1961/2000 (4),
lays
down special detailed rules
the application of
Council Regulation (EEC) No 804/68 (5), as last amended
by Regulation (EC) No 1587/96 (6), as regards export
licences and export refunds in the case of milk and milk
products. In order to ensure the smooth operation of the
export refund arrangements and reduce the risk of spec-
ulative applications and disturbances of
the arrange-
ments for certain milk products, given the market situa-
tion, the period of validity of export licences should be
reduced and the security laid down in that Regulation
should be increased.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 174/1999 is amended as follows:

1. Article 6(a) is replaced by the following:

‘(a) the end of the fourth month following issue in the case

of products falling within CN code 0402 10;’

2. Article 9(b) is replaced by the following:

‘(b) 30 % for products covered by CN code 0402 10;’

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 234, 16.9.2000, p. 10.
(5) OJ L 148, 28.6.1968, p. 13.
(6) OJ L 206, 16.8.1996, p. 21.
Commission Regulation (EC) No 2117/2000 of 5 October 2000 fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 2014/2000
Date: 2000-10-05
Institutions: European Commission
Subjects: ACP countries, award of contract, common wheat, export refund

6.10.2000

EN

Official Journal of the European Communities

L 252/9

COMMISSION REGULATION (EC) No 2117/2000

of 5 October 2000

fixing the maximum export refund on common wheat in connection with the invitation to tender
issued in Regulation (EC) No 2014/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2),

Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for the
application of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (3),
as last amended by Regulation (EC) No 2513/98 (4), and in
particular Article 7 thereof,

Whereas:

(1)

(2)

An invitation to tender for the refund for the export of
to certain ACP States was opened
common wheat
pursuant
to Commission Regulation (EC) No 2014/
2000 (5).

Article 7 of Regulation (EC) No 1501/95 provides that
the Commission may, on the basis of the tenders noti-
fied,
in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92, decide to fix

a maximum export refund taking account of the criteria
referred to in Article 1 of Regulation (EC) No 1501/95.
In that case a contract is awarded to any tenderer whose
bid is equal to or lower than the maximum refund.

The application of the abovementioned criteria to the
current market situation for the cereal in question results
the
in the maximum export refund being fixed at
amount specified in Article 1.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

(3)

(4)

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 29 September to 5 October 2000,
pursuant to the invitation to tender issued in Regulation (EC)
No 2014/2000,
the maximum refund on exportation of
common wheat shall be EUR 3,00/t.

This Regulation shall enter into force on 6 October 2000.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16.
(5) OJ L 241, 26.9.2000, p. 23.
2000/612/EC: Recommendation of the European Central Bank of 5 October 2000 on the external auditors of the national central banks (ECB/2000/10)
Date: 2000-10-05
Institutions: European Central Bank
Subjects: Greece, accountant, appointment of staff, central bank

13.10.2000

EN

Official Journal of the European Communities

L 259/65

EUROPEAN CENTRAL BANK

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 5 October 2000

on the external auditors of the national central banks

(ECB/2000/10)

(2000/612/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

(5)

Having regard to the Statute of the European System of Central
Banks and of the European Central Bank and in particular to
Article 27.1 thereof,

It is necessary to recommend an amendment to Council
Decision 1999/70/EC of 25 January 1999 concerning
the external auditors of the national central banks (4), as
amended by Decision 2000/223/EC (5)
to take into
account Member States whose derogation has been
abrogated thereafter,

Whereas:

(1)

(2)

(3)

(4)

The accounts of the European Central Bank (ECB) and of
the national central banks (NCBs) shall be audited by
independent external auditors recommended by the
Governing Council of the ECB and approved by the
Council of the European Union.

Pursuant to Council Decision 2000/427/EC of 19 June
2000 in accordance with Article 122(2) of the Treaty on
the adoption by Greece of the single currency on 1
January 2001 (1), Greece now fulfils the necessary condi-
tions for the adoption of the single currency, and the
derogation in favour of Greece laid down in recital 4 of
Council Decision 98/317/EC (2)
in accordance with
Article 109j(4) of the Treaty shall be abrogated with
effect from 1 January 2001.

The external auditors recommended in Recommendation
ECB/1998/5 of 12 November 1998 on the external
auditors of
the
current appointments made by each participating NCB.

the national central banks (3) reflect

An external auditor must be recommended for the Bank
of Greece for the annual accounts starting from the
financial year 2001.

HEREBY RECOMMENDS:

— Ernst & Young (Hellas) Certified Auditors SA and Mr Chara-
lambos Stathakis, who is a registered certified public
accountant, as the external auditors of the Bank of Greece
for the annual accounts starting from the financial year
2001,

— that the Council of the European Union amend its Decision

1999/70/EC accordingly.

This recommendation shall be published in the Official Journal
of the European Communities.

This recommendation is addressed to the Council of the Euro-
pean Union.

Done at Frankfurt am Main, 5 October 2000.

The President of the ECB

Willem F. DUISENBERG

(1) OJ L 167, 7.7.2000, p. 19.
(2) OJ L 139, 11.5.1998, p. 30.
(3) OJ C 411, 31.12.1998, p. 11.

(4) OJ L 22, 29.1.1999, p. 69.
(5) OJ L 71, 18.3.2000, p. 24.
European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6995/1/2000 - C5-0267/2000 - 1998/0134(COD))
Date: 2000-10-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: EU customs procedure, codification of EU law, common customs tariff, customs duties, customs formalities, customs regulations

C 178/220

Official Journal of the European Communities

EN

22.6.2001

Thursday 5 October 2000

TEXTS ADOPTED

1. Community customs code ***II

A5-0254/2000

European Parliament legislative resolution on the Council common position for adopting a Eur-
opean Parliament and Council regulation amending Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (6995/1/2000 / C5-0267/2000 / 1998/0134(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (6995/1/2000 (cid:17) C5-0267/2000),

(cid:17) having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1998) 226) (2),

(cid:17) having regard to the Commission’s amended proposal (COM(1999) 236) (3),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 78 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0254/2000),

1.

Approves the common position;

2.
Calls on the Commission to adopt the Community law implementation acts and to introduce the
incentive measures needed to improve the level of administrative cooperation, particularly in the field of
computerised data exchange, and to submit a legislative proposal requiring the general additional declara-
tion to be submitted at the place in which the customs debt was incurred (cid:17) this being a logical conse-
quence of the internal market;

3.

Notes that the act is adopted in accordance with the common position;

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of

4.
the EC Treaty;

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of

5.
the Council, to have it published in the Official Journal of the European Communities;

6.

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 175, 21.6.1999, p. 420.
(2) OJ C 228, 21.7.1998, p. 8.
(3) OJ C 248 E, 29.8.2000, p. 1.
Commission Regulation (EC) No 2115/2000 of 5 October 2000 on the issue of import licences for garlic originating in China
Date: 2000-10-05
Institutions: European Commission
Subjects: China, bulb vegetable, import licence, originating product

6.10.2000

EN

Official Journal of the European Communities

L 252/7

COMMISSION REGULATION (EC) No 2115/2000

of 5 October 2000

on the issue of import licences for garlic originating in China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), as last amended by Regulation (EC) No
1257/1999 (2),

Having regard to Commission Regulation (EC) No 1104/2000
of 25 May 2000 concerning a protective measure applicable to
imports of garlic from China (3), and in particular Article 1(3)
thereof,

Whereas:

(1)

(2)

(3)

Pursuant to Commission Regulation (EEC) No 1859/
93 (4), as amended by Regulation (EC) No 1662/94 (5),
the release for free circulation in the Community of
garlic imported from third countries is subject to presen-
tation of an import licence.

Article 1(1) of Regulation (EC) No 1104/2000, restricts
the issue of import licences for garlic originating in
China to a maximum monthly quantity in the case of
applications lodged from 29 May 2000 to 31 May
2001.

Given the criteria laid down in Article 1(2) of
that
Regulation and the import licences already issued, the
quantity applied for on 2 October 2000 is in excess of

the maximum quantity given in the Annex to that Regu-
lation for the month of October 2000. It is therefore
necessary to determine to what extent import licences
may be issued in response to these applications. The
issue of licences in response to applications lodged after
2 October 2000 and before 22 October 2000 should be
refused,

HAS ADOPTED THIS REGULATION:

Article 1

Import licences applied for on 2 October 2000 pursuant to
Article 1 of Regulation (EEC) No 1859/93 for garlic falling
within CN code 0703 20 00 originating in China shall be
issued for 0,484 % of the quantity applied for, having regard to
the information available to the Commission on 2 October
2000.

the abovementioned products applications for

For
import
licences lodged after 2 October 2000 and before 22 October
2000 shall be refused.

Article 2

This Regulation shall enter into force on 6 October 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 125, 26.5.2000, p. 21.
(4) OJ L 170, 13.7.1993, p. 10.
(5) OJ L 176, 9.7.1994, p. 1.
Commission Regulation (EC) No 2112/2000 of 5 October 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2000-10-05
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, grape, import price, perennial vegetable, pip fruit

6.10.2000

EN

Official Journal of the European Communities

L 252/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 2112/2000

of 5 October 2000

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

the standard
In compliance with the above criteria,
import values must be fixed at the levels set out in the
Annex to this Regulation,

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
last
import arrangements
amended by Regulation (EC) No 1498/98 (2), and in particular
Article 4(1) thereof,

fruit and vegetables (1), as

for

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade nego-
tiations, the criteria whereby the Commission fixes the
in
standard values for imports from third countries,
respect of the products and periods stipulated in the
Annex thereto.

The standard import values referred to in Article 4 of Regula-
tion (EC) No 3223/94 shall be fixed as indicated in the Annex
hereto.

Article 2

This Regulation shall enter into force on 6 October 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 337, 24.12.1994, p. 66.
(2) OJ L 198, 15.7.1998, p. 4.

L 252/2

EN

Official Journal of the European Communities

6.10.2000

to the Commission Regulation of 5 October 2000 establishing the standard import values for determining the
entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 30 10

0806 10 10

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

Third country
code (1)

Standard import
value

(EUR/100 kg)

052
064
999
628
999
052
999
052
388
524
528
999
052
064
400
999
388
400
800
804
999
052
064
999

90,2
69,3
79,8
132,0
132,0
75,9
75,9
72,3
53,6
55,6
65,9
61,9
82,4
58,3
221,4
120,7
209,3
57,7
183,6
68,5
129,8
91,7
63,4
77,5

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2543/1999 (OJ L 307, 2.12.1999, p. 46). Code ‘999’ stands for ‘of

other origin’.