do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 1869/2002 of 18 October 2002 concerning the issue of licences for the import of garlic
Date: 2002-10-18
Institutions: European Commission
Subjects: China, bulb vegetable, import licence, originating product

19.10.2002

EN

Official Journal of the European Communities

L 281/5

COMMISSION REGULATION (EC) No 1869/2002

of 18 October 2002

concerning the issue of licences for the import of garlic

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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
545/2002 (2),

Having regard to Commission Regulation (EC) No 565/2002 of
2 April 2002 establishing the method for managing the tariff
quotas and introducing a system of certificates of origin for
garlic imported from third countries (3), and in particular Article
8(2) thereof,

Whereas:

(1)

(2)

Article 8(2) of Regulation (EC) No 565/2002 provides
that if quantities covered by applications for licences
exceed the quantities available, the Commission is to fix
a simple reduction percentage and suspend the issue of
such licences covered by subsequent applications.

Quantities applied for on 14 and 15 October 2002
under Article 5(2) of Regulation (EC) No 565/2002 for
products originating in China exceed the quantities avail-
able. The extent to which licences can be issued, and
whether the issue of those licences should be suspended
for any subsequent applications, should therefore be
determined,

Article 1

Import licences covered by applications under Article 3(1), of
Regulation (EC) No 565/2002 for products originating in China
on 14 and 15 October 2002 and forwarded to the Commission
on 17 October 2002 shall be issued at the rate of:

— 17,876 % of the quantity applied for, for traditional impor-

ters,

— 0,873 % of the quantity applied for, for new importers.

Article 2

The issue of import licences relating to the quarter running
from 1 December 2002 to 28 February 2003 covered by appli-
cations under Regulation (EC) No 565/2002 for products origi-
nating in China is hereby suspended for applications lodged
after 15 October 2002. Applications for the quarter running
from 1 March 2003 to 31 May 2003 may be lodged from 13
January 2003.

Article 3

This Regulation shall enter into force on 19 October 2002.

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

Done at Brussels, 18 October 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 84, 28.3.2002, p. 1.
(3) OJ L 86, 3.4.2002, p. 11.
State aid — Italy — Commission notice to Member States and other interested parties — State aid measure C 10/2001 (ex N 613/2000) — Lucchini SpA: research and development (Text with EEA relevance)
Date: 2002-10-18
Institutions: European Commission
Subjects: Italy, State aid, control of State aid, iron and steel industry, research and development, support policy

C 251/2

EN

Official Journal of the European Communities

18.10.2002

STATE AID — ITALY

Commission notice to Member States and other interested parties

State aid measure C 10/2001 (ex N 613/2000) — Lucchini SpA: research and development

(2002/C 251/02)

(Text with EEA relevance)

By means of the letter dated 30 January 2002, reproduced
below,
its decision to
terminate the proceedings initiated in respect of the abovemen-
tioned aid measure.

the Commission notified Italy of

‘1. By letter dated 11 September 2000,

received on 18
September, the Italian authorities notified the Commission
of aid that the Ministry of Industry intended to grant to
Lucchini SpA (“Lucchini”) for research and development. By
letter dated 19 October 2000 the Commission requested
additional
information. The Italian authorities replied to
this request by letter dated 12 December 2000, received
on 20 December.

2. The aid was to consist of soft loans covering 35 % of the
eligible costs, carrying an interest rate of 0,95 % for the
first five years and 3,95 % for the following 10 years. No
capital would be reimbursed during the first five years. The
loans would be granted out of the special revolving fund
for technological innovation set up under Law No 46/82
on measures
sectors of national
importance, which the Commission authorised on 17
June 1992 (letter SG(92) D/7985). The gross aid intensity
would be 13,29 %.

economic

to assist

— Project No 11205: Desulphurisation of iron in a ladle
using innovative high-productivity plant with low
reagent consumption.

— Project No 11204: Computerised dynamic system for

the control of the flow of steel.

4. By letter dated 13 February 2001,

the Commission
the
informed Italy that
procedure laid down in Article 6(5) of Commission
Decision No 2496/96/ECSC in respect of the aid.

it had decided to initiate

5. The Commission decision to initiate the procedure was
European

the Official

Journal

the

of

in
published
Communities (1).

6. The Commission received comments from the British auth-
orities. It forwarded the comments to Italy, giving Italy the
opportunity to react.

7. By letter dated 29 November 2001, the Italian authorities
informed the Commission that the company had decided to
forgo the aid, that the aid would not be granted, and that
Italy was accordingly withdrawing the notification.

3. The aid was to be granted towards three projects:

— Project No 11206: New technology for the production
of iron for special high-quality long steel products.

8. As the Italian authorities have withdrawn the notification
and do not
the
Commission has decided to terminate the proceedings
initiated under Article 6(5) of Decision No 2496/96/ECSC.’

intend to grant

aid notified,

the

(1) OJ C 166, 9.6.2001, p. 22.
Commission Regulation (EC) No 1867/2002 of 18 October 2002 suspending the buying-in of butter in certain Member States
Date: 2002-10-18
Institutions: European Commission
Subjects: award of contract, butter, intervention buying

19.10.2002

EN

Official Journal of the European Communities

L 281/3

COMMISSION REGULATION (EC) No 1867/2002

of 18 October 2002

suspending the buying-in of butter in certain Member States

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 Commission Regula-
tion (EC) No 509/2002 (2),

Having regard to Commission Regulation (EC) No 2771/1999
of 16 December 1999 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 1255/1999 as regards
intervention on the market in butter and cream (3), as last
amended by Regulation (EC) No 1614/2001 (4), and in parti-
cular Article 2 thereof,

Whereas:

Commission Regulation (EC) No 1676/2002 suspending
the buying-in of butter in certain Member States (5)
establishes the most recent
list of Member States in
which intervention is suspended. This list must be
adjusted as a result of the market prices communicated
by Finland under Article 8 of Regulation (EC) No 2771/
1999.
In the interests of clarity, the list in question
should be replaced and Regulation (EC) No 1676/2002
should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Buying-in of butter by invitation to tender as provided for in
Article 6(1) of Regulation (EC) No 1255/1999 is hereby
suspended in Belgium, Denmark, Germany, Greece, the Nether-
lands, Austria, Luxembourg and Finland.

(1)

Article 2 of Regulation (EC) No 2771/1999 lays down
that buying-in by invitation to tender is to be opened or
suspended by the Commission in a Member State, as
appropriate, once it is observed that, for two weeks in
succession, the market price in that Member State is
below or equal to or above 92 % of the intervention
price.

Regulation (EC) No 1676/2002 is hereby repealed.

Article 2

This Regulation shall enter into force on 19 October 2002.

Article 3

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

Done at Brussels, 18 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 333, 24.12.1999, p. 11.
(4) OJ L 214, 8.8.2001, p. 20.

(5) OJ L 253, 21.9.2002, p. 3.
Ministerial order revising the maximum fares on air routes subject to public service obligations between the Canary Islands
Date: 2002-10-18
Institutions: European Commission
Subjects: Canary Islands, airline, public service, tariff ceiling

C 251/10

EN

Official Journal of the European Communities

18.10.2002

MINISTERIAL ORDER REVISING THE MAXIMUM FARES ON AIR ROUTES SUBJECT TO PUBLIC SERVICE
OBLIGATIONS BETWEEN THE CANARY ISLANDS

(2002/C 251/06)

Costs increases since the events of 11 September 2001, particularly in the field of aviation insurance,
together with other cost items affected by the rise in the consumer price index, have prompted the airlines
to request an increase in the maximum fares stipulated in the Council of Ministers' Agreement of 10 July
1998 applying public service obligations to Canary Island air routes.

The annex to the said agreement provides for maximum fares to be revised on the basis of the annual
evolution of the national general index of the consumer price index system, and also at the proposal of the
airlines in the event of an abnormal, unforeseeable increase beyond the carrier's control of cost elements
affecting the operation of air services.

By virtue of and in accordance with the authorisation conferred by the said agreement, it is hereby ordered
that:

Sole Article

The maximum fare set in paragraph 1.2 of the Annex to the Council of Minister's Agreement of 10 July
1998 for each route, on the outward journey, shall be as follows:

(a) Gran Canaria–Tenerife North:

(b) Gran Canaria–Tenerife South:

(c) Gran Canaria–Fuerteventura:

(d) Gran Canaria–El Hierro:

(e) Gran Canaria–Lanzarote:

(f) Gran Canaria–La Palma:

(g) Tenerife North–Fuerteventura:

(h) Tenerife North–El Hierro:

(i) Tenerife North–Lanzarote:

(j) Tenerife North–La Palma:

(k) La Palma–Lanzarote:

(l) Gran Canaria–La Gomera:

(m) Tenerife North–La Gomera:

Final Provision

EUR 45

EUR 45

EUR 53

EUR 79

EUR 80

EUR 73

EUR 74

EUR 53

EUR 79

EUR 48

EUR 90

EUR 73

EUR 53

This Order shall enter into force on the day following its publication in the Boletin Oficial del Estado.
Judgment of the Court of 18 October 2002 in Case E-7/01: Request for an Advisory Opinion from Gulating lagmannsrett (Gulating Court of Appeal): Hegelstad Eiendomsselskap Arvid B. Hegelstad and Others v Hydro Texaco AS (Competition — Exclusive purchasing agreement — Service station agreement — Article 53 EEA — Commission Regulation (EEC) No 1984/83 — Nullity)
Date: 2002-10-18
Institutions: EFTA Court
Subjects: EFTA Court, contract, petrol, retail outlet, supplier

16.1.2003

EN

Official Journal of the European Communities

C 10/11

JUDGMENT OF THE COURT

of 18 October 2002

in Case E-7/01: Request for an Advisory Opinion from Gulating lagmannsrett (Gulating Court of
Appeal): Hegelstad Eiendomsselskap Arvid B. Hegelstad and Others v Hydro Texaco AS

(Competition — Exclusive purchasing agreement — Service station agreement — Article 53 EEA — Commission
Regulation (EEC) No 1984/83 — Nullity)

(2003/C 10/10)

In Case E-7/01: request to the Court under Article 34 of the Agreement between the EFTA States on the
Establishment of a Surveillance Authority and a Court of Justice by Gulating lagmannsrett (Gulating Court
of Appeal) for an Advisory Opinion in the case pending before it between Hegelstad Eiendomsselskap
Arvid B. Hegelstad and Others and Hydro Texaco AS on the interpretation of Article 53 of the EEA
Agreement, the Court, composed of Thór Vilhjálmsson, President, Carl Baudenbacher (Judge-Rapporteur)
and Per Tresselt, Judges, gave a judgment on 18 October 2002, the operative part of which declares as
follows:

1.
An agreement between a supplier of motor fuels and lubricants and an independent service
station operator that provides for an exclusive purchasing obligation that may not be terminated by
the service station operator for a period of 15 years, does not fall within the block exemption on
exclusive purchasing agreements in Regulation (EEC) No 1984/83.

2.
The prohibition laid down by Article 53(1) EEA does not apply to an exclusvie purchasing
agreement entered into between a supplier of motor fuels and lubricants and an independent service
station operator for a fixed period of 15 years, where that type of agreement makes only an
insignificant contribution to the cumulative closing-off effect produced by the totality of agreements
on the market.

3.
The automatic nullity provided for in Article 53(2) EEA applies only to those parts of the
agreement affected by the prohibition in Article 53(1) EEA. It is for the national court to determine,
in accordance with the relevant national law, whether the nullity affects the validity of other parts of
the agreement.
State aid — Italy — Commission notice to Member States and other interested parties — State aid measure C 12/2002 (ex N 847/2001) — Environmental aid to Acciaierie Valbruna SpA (Text with EEA relevance)
Date: 2002-10-18
Institutions: European Commission
Subjects: Italy, State aid, control of State aid, energy saving, environmental protection, exchange of information

18.10.2002

EN

Official Journal of the European Communities

C 251/9

The Commission decision to initiate the procedure was published in the Official Journal of the European
Communities (1)

By letter dated 5 April 2002, the Italian authorities informed the Commission that the company had
decided to forego the aid, that the aid would not be granted, and that Italy was accordingly withdrawing
the notification.

As the Italian authorities have withdrawn the notification and do not intend to grant the aid notified, the
Commission has decided to terminate the proceedings
initiated under Article 6(5) of Decision
No 2496/96/ECSC.’

(1) OJ C 71, 20.3.2002, p. 2.

STATE AID — ITALY

Commission notice to Member States and other interested parties

State aid measure C 12/2002 (ex N 847/2001) — Environmental aid to Acciaierie Valbruna SpA

(2002/C 251/05)

(Text with EEA relevance)

By means of the letter dated 2 July 2002, reproduced below, the Commission notified Italy of its decision
to terminate the proceedings initiated in respect of the abovementioned aid measure.

‘By letter dated 20 December 2001, received on 21 December 2001, Italy notified the Commission of a
plan to grant aid towards investment to be carried out by Acciaerie Valbruna SpA.

The aid was to amount to EUR 4 426 397. The investment consisted of nine projects, of which five were
considered to be energy-saving measures and four were considered to be aimed at environmental
protection.

By letter dated 27 February 2002, the Commission informed Italy that it had decided to initiate the
procedure laid down in Article 6(5) of Commission Decision No 2496/96/ECSC in respect of the aid.

The Commission decision to initiate the procedure was published in the Official Journal of the European
Communities (1)

By letter dated 12 April 2002, the Italian authorities informed the Commission that the company had
decided to forego the aid, that the aid would not be granted, and that Italy was accordingly withdrawing
the notification.

As the Italian authorities have withdrawn the notification and do not intend to grant the aid notified, the
Commission has decided to terminate the proceedings
initiated under Article 6(5) of Decision
No 2496/96/ECSC.’

(1) OJ C 81, 4.4.2002, p. 5.
Commission Regulation (EC) No 1868/2002 of 18 October 2002 concerning the issue of licences for the import of garlic
Date: 2002-10-18
Institutions: European Commission
Subjects: bulb vegetable, import licence, originating product, third country

L 281/4

EN

Official Journal of the European Communities

19.10.2002

COMMISSION REGULATION (EC) No 1868/2002

of 18 October 2002

concerning the issue of licences for the import of garlic

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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
545/2002 (2),

Having regard to Commission Regulation (EC) No 565/2002 of
2 April 2002 establishing the method for managing the tariff
quotas and introducing a system of certificates of origin for
garlic imported from third countries (3), and in particular Article
8(2) thereof,

Whereas:

(1)

(2)

Article 8(2) of Regulation (EC) No 565/2002 provides
that if quantities covered by applications for licences
exceed the quantities available, the Commission is to fix
a simple reduction percentage and suspend the issue of
such licences covered by subsequent applications.

Quantities applied for on 14 and 15 October 2002
under Article 5(2) of Regulation (EC) No 565/2002 for
products originating in all third countries other than
China and Argentina exceed the quantities available. The
extent to which licences can be issued, and whether the
issue of those licences should be suspended for any
subsequent applications, should therefore be determined,

Article 1

Import licences covered by applications under Article 3(1), of
Regulation (EC) No 565/2002 for products originating in all
third countries other than China and Argentina on 14 and 15
October 2002 and forwarded to the Commission on 17
October 2002 shall be issued at the rate of:

— 6,292 % of the quantity applied for, for new importers.

Article 2

The issue of import licences relating to the quarter running
from 1 December 2002 to 28 February 2003 covered by appli-
cations under Regulation (EC) No 565/2002 for new importers
for products originating in all third countries other than China
and Argentina is hereby suspended for applications lodged after
15 October 2002. Applications for the quarter running from 1
March 2003 to 31 May 2003 may be lodged from 13 January
2003.

Article 3

This Regulation shall enter into force on 19 October 2002.

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

Done at Brussels, 18 October 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 84, 28.3.2002, p. 1.
(3) OJ L 86, 3.4.2002, p. 11.
Commission Regulation (EC) No 1872/2002 of 18 October 2002 determining the world market price for unginned cotton
Date: 2002-10-18
Institutions: European Commission
Subjects: cotton, world market price

19.10.2002

EN

Official Journal of the European Communities

L 281/9

COMMISSION REGULATION (EC) No 1872/2002

of 18 October 2002

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Protocol 4 on cotton, annexed to the Act of
Accession of Greece, as last amended by Council Regulation
(EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22
May 2001 on production aid for cotton (2), and in particular
Article 4 thereof,

Whereas:

(1)

In accordance with Article 4 of Regulation (EC) No
1051/2001, a world market price for unginned cotton is
to be determined periodically from the price for ginned
cotton recorded on the world market and by reference to
the historical relationship between the price recorded for
ginned cotton and that calculated for unginned cotton.
That historical
relationship has been established in
Article 2(2) of Commission Regulation (EC) No 1591/
2001 of 2 August 2001 (3), as amended by Regulation
(EC) No 1486/2002 (4). Where the world market price
cannot be determined in this way, it is to be based on
the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No
1051/2001, the world market price for unginned cotton
is to be determined in respect of a product of specific
characteristics and by reference to the most favourable

offers and quotations on the world market among those
considered representative of the real market trend. To
that end, an average is to be calculated of offers and
European
recorded on one or more
quotations
exchanges for a product delivered cif to a port in the
Community and coming from the various supplier coun-
tries considered the most representative in terms of inter-
national trade. However, there is provision for adjusting
the criteria for determining the world market price for
ginned cotton to reflect differences justified by the
quality of the product delivered and the offers and quota-
tions concerned. Those adjustments are specified in
Article 3(2) of Regulation (EC) No 1591/2001.

(3)

The application of the above criteria gives the world
market price for unginned cotton determined herein-
after,

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4
of Regulation (EC) No 1051/2001 is hereby determined as
equalling EUR 24,417/100 kg.

This Regulation shall enter into force on 19 October 2002.

Article 2

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

Done at Brussels, 18 October 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 148, 1.6.2001, p. 1.
(2) OJ L 148, 1.6.2001, p. 3.
(3) OJ L 210, 3.8.2001, p. 10.
(4) OJ L 223, 20.8.2002, p. 3.
Prior notification of a concentration (Case COMP/M.2925 — Charterhouse/CDC/TDF) (Text with EEA relevance)
Date: 2002-10-18
Institutions: European Commission
Subjects: broadcasting, economic concentration, exchange of information, financial institution, investment company, merger control, telephone, television

18.10.2002

EN

Official Journal of the European Communities

C 251/11

Prior notification of a concentration

(Case COMP/M.2925 — Charterhouse/CDC/TDF)

(2002/C 251/07)

(Text with EEA relevance)

1.
On 11 October 2002, the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertakings Charterhouse Capital Limited (CCL, United Kingdom), Caisse des Depôts et
Consignations (CDC, France), controlled by the French State, and CDC Equity Capital, belonging to the
group CDC Ixis Private Equity, which is part of the CDC group, will acquire, within the meaning of Article
3(1)(b) of the Regulation,
joint control of the undertaking Télédiffusion de France SA (TDF, France),
currently wholly owned by France Telecom, by way of purchase of shares. France Telecom (FT, France)
will remain the largest single shareholder in TDF.

2.

The business activities of the undertakings concerned are:

— CCL: equity capital and fund management,

— CDC: public financing in inter alia the rollout of broadband networks in France,

— CDC Equity capital: equity capital and fund management,

— TDF: broadcasting and telephony infrastructure and service to broadcasters and telecom operators,

— FT:

incumbent telecommunications operator in France and involved in inter alia broadcasting of

television.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2925 — Charterhouse/CDC/TDF, to:

European Commission,
Directorate-General for Competition,
Directorate B — Merger Task Force,
J-70,
B-1049 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.