do-me/EUR-LEX huggingface dataset:
Communication from the Commission concerning the calculation of the average Community share of electricity market opening, as defined in Directive 96/92/EC, concerning common rules for the internal market in electricity (Text with EEA relevance)
Date: 2002-10-29
Institutions: European Commission
Subjects: electrical energy, energy consumption, market-sharing agreement

29.10.2002

EN

Official Journal of the European Communities

C 262/13

Communication from the Commission concerning the calculation of the average Community share
of electricity market opening, as defined in Directive 96/92/EC (1), concerning common rules for
the internal market in electricity

(2002/C 262/06)

(Text with EEA relevance)

According to the calculations made by the Commission under Article 19(1) second and third paragraph of
Directive 96/92/EC, the average Community share of electricity market opening, as effective in
2003, is 34,53 %.

This figure has been calculated by adding, on the one hand electricity consumed by final consumers
consuming more than 9GWh in all the Member States and, on the other, total net consumption in all
the Member States, and then dividing the first figure by the second.

(1) OJ L 27, 30.1.1997, p. 20.

STATE AID — FRANCE

Commission notice to Member States and other interested parties

State aid measure C 27/2002 (ex N 1/2001) — Environmental aid for Sollac, ECSC steel

(2002/C 262/07)

(Text with EEA relevance)

By means of the letter dated 17 July 2002 and reproduced below, the Commission notified France of its
decision to close the abovementioned aid procedure.

‘By letter dated 21 December 2001, the French authorities notified the Commission of planned environ-
mental aid for the steel firm Sollac.

The project concerned by the notification consisted in the construction of an oxy-Claus unit for the
desulphurisation of ammoniacal vapours coming from the gas-treatment plant of the coking oven. The
proposed aid totalled EUR 2,79 million.

By letter dated 9 April 2002, the Commission informed France that it had decided to initiate the procedure
laid down in Article 6(5) of Commission Decision No 2496/96/ECSC of 18 December 1996 establishing
Community rules for State aid to the steel industry (1).

The Commission decision to initiate the procedure was published in the Official Journal of the European
Communities (2). The Commission invited interested parties to submit their comments on the aid.

By letter dated 7 June 2002, France withdrew the above notification.

As the French 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 L 338, 28.12.1996.
(2) OJ C 95, 19.4.2002, p. 9.
Final report of the Hearing Officer in Case COMP/37.784 — Fine Art Auction Houses (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)
Date: 2002-10-29
Institutions: European Commission
Subjects: administrative procedure, auction sale, audit, cartel, report, rights of the defence, work of art

C 187/16

EN

Official Journal of the European Union

30.7.2005

Final report of the Hearing Officer in Case COMP/37.784 — Fine Art Auction Houses

(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 187/12)

In connection with the draft decision, the following observations can be made on the right to be heard.

— The case began when Christie's told the Commission that a cartel existed between itself and Sotheby's.

The Commission sent a statement of objections to the two auction houses on 19 April 2002.

The two parties replied to the objections within the time allowed.

They were given access to the file. All information was sent on CD-ROM.

The parties waived their right to defend their case at an oral hearing.

— In view of the replies sent by the companies, various aspects of their trading policy, deemed to be
infringements of Article 81 EC in the statement of objections, are not addressed in the draft Commis-
sion decision. I have not found, in the draft of the decision sent to the Commission, any new objections
with respect to those stated in the Statement of Objections.

In the light of the above, it can be said that the rights of the defence have been fully respected.

Brussels, 29 October 2002.

Serge DURANDE
Commission Regulation (EC) No 1930/2002 of 29 October 2002 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2002-10-29
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, perennial vegetable, pip fruit

30.10.2002

EN

Official Journal of the European Communities

L 295/5

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1930/2002

of 29 October 2002

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(2)

In compliance with the above criteria,
the standard
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
import arrangements
last
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
standard values for imports from third countries,
in
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 30 October 2002.

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

Done at Brussels, 29 October 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

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

L 295/6

EN

Official Journal of the European Communities

30.10.2002

to the Commission Regulation of 29 October 2002 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 50 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
096
204
624
999
052
628
999
052
999
052
220
388
528
600
999
052
400
508
999
052
388
400
404
512
720
800
804
999
052
720
999

75,7
26,2
59,0
101,8
65,7
102,8
143,3
123,1
86,5
86,5
72,0
92,2
68,3
54,3
85,9
74,5
109,1
300,5
255,7
221,8
71,0
78,8
58,9
92,1
62,8
55,0
179,0
86,0
85,5
107,2
50,8
79,0

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2020/2001 (OJ L 273, 16.10.2001, p. 6). Code ‘999’ stands for ‘of

other origin’.
Commission Regulation (EC) No 1931/2002 of 29 October 2002 amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder
Date: 2002-10-29
Institutions: European Commission
Subjects: EU aid, intervention buying, market intervention, private stock, skimmed milk powder, storage

30.10.2002

EN

Official Journal of the European Communities

L 295/7

COMMISSION REGULATION (EC) No 1931/2002

of 29 October 2002

amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council
Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), in particular Article 10 thereof,

Whereas:

(1)

(2)

Article 21 of Commission Regulation (EC) No 214/
2001 (3), as last amended by Regulation (EC) No 1534/
2002 (4), limited the quantity of skimmed-milk powder
put up for sale by the Member States' intervention agen-
cies to that taken into storage before 1 September 1997.

Given the current market situation, which is charac-
terised by low seasonal production, more skimmed-milk
powder should be released to the market from public
storage.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

In Article 21 of Regulation (EC) No 214/2001, the phrase ‘1
September 1997’ shall be replaced by ‘1 April 2002’.

Article 2

This Regulation shall enter into force on the day of its publica-
tion 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, 29 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 2.3.2002, p. 15.
(3) OJ L 37, 7.2.2001, p. 100.
(4) OJ L 231, 29.8.2002, p. 35.
Commission communication in the framework of the implementation of Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (Text with EEA relevance)
Date: 2002-10-29
Institutions: European Commission
Subjects: European standard, approximation of laws, boiler, gas appliance, harmonisation of standards, heating, safety standard

C 262/14

EN

Official Journal of the European Communities

29.10.2002

Commission communication in the framework of the implementation of Council Directive
90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to
appliances burning gaseous fuels (1)

(2002/C 262/08)

(Text with EEA relevance)

(Publication of titles and references of European harmonised standards under the Directive)

OEN (1)

CEN

Reference

Title of the harmonised standards

EN 297:1994/A2:1996 Gas-fired central heating boilers — Type B11 and B11BS boilers,

atmospheric burners of nominal heat input not exceeding 70 kW

fitted with

(1) OEN: European standardisation body:

— CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be),
— Cenelec: rue de Stassart 35, B-1050 Brussels; Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org),
— ETSI: 650,

route des Lucioles, F-06921 Sophia Antipolis, Tel.

(33) 492 94 42 00,

fax (33) 493 65 47 16,

(website:

http://www.etsi.org).

NOTE:

— Any information concerning the availability of the standards can be obtained either from the European
standardisation organisations or from the national standardisation bodies (2) of which the list is
the Council (3) amended by
annexed to Directive 98/34/EC of
Directive 98/48/EC (4).

the European Parliament and of

— Publication of the references in the Official Journal of the European Communities does not imply that the

standards are available in all the Community languages.

— Furter harmonised standards relating to appliances burning gaseous fuels have been published in
previous editions of the OJEC. A complete updated list can be found on the Europa server on the
Internet at:

http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/reflist/appligas.html

(1) OJ L 196, 26.7.1990, p. 15.
(2) http://www.cenorm.be/aboutcen/whatis/membership/members.htm
(3) OJ L 204, 21.7.1998, p. 37.
(4) OJ L 217, 5.8.1998, p. 18.
Non-opposition to a notified concentration (Case COMP/M.2965 — Staples/Guilbert) (Text with EEA relevance)
Date: 2002-10-29
Institutions: European Commission
Subjects: distance selling, distributive trades, economic concentration, furniture industry, merger control, office supplies, restrictive-practice authorisation, service

29.10.2002

EN

Official Journal of the European Communities

C 262/17

Non-opposition to a notified concentration

(Case COMP/M.2965 — Staples/Guilbert)

(2002/C 262/12)

(Text with EEA relevance)

On 14 October 2002, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2965. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
Commission Regulation (EC) No 1935/2002 of 29 October 2002 amending for the seventh time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001
Date: 2002-10-29
Institutions: European Commission
Subjects: Afghanistan, common foreign and security policy, international affairs, international sanctions, terrorism

30.10.2002

EN

Official Journal of the European Communities

L 295/11

COMMISSION REGULATION (EC) No 1935/2002

of 29 October 2002

amending for the seventh time Council Regulation (EC) No 881/2002 imposing certain specific
restrictive measures directed against certain persons and entities associated with Usama bin Laden,
the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 881/2002 of 27
May 2002 imposing certain specific restrictive measures
directed against certain persons and entities associated with
Usama bin Laden, the Al-Qaida network and the Taliban, and
repealing Council Regulation (EC) No 467/2001 prohibiting
the export of certain goods and services to Afghanistan,
strengthening the flight ban and extending the freeze of funds
and other financial resources in respect of
the Taliban of
Afghanistan (1), as last amended by Regulation (EC) No 1893/
2002 (2), and in particular Article 7(1), first indent, thereof,

Whereas:

(2)

(3)

On 25 October 2002, the Sanctions Committee decided
to amend the list of persons, groups and entities to
whom the freezing of funds and economic resources
shall apply and, therefore, Annex I should be amended
accordingly.

In order to ensure that the measures provided for in this
Regulation are effective, this Regulation must enter into
force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is amended in accor-
dance with the Annex to this Regulation.

(1)

Annex I
to Regulation (EC) No 881/2002 lists the
persons, groups and entities covered by the freezing of
funds and economic resources under that Regulation.

Article 2

This Regulation shall enter into force on the day of its publica-
tion 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, 29 October 2002.

For the Commission

Christopher PATTEN

Member of the Commission

ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:

the following legal persons, groups or entities shall be added under the heading ‘Legal persons, groups and entities’:

Jemaah Islamiya (aka Jema'ah Islamiyah, Jemaah Islamiyah, Jemaah Islamiah, Jamaah Islamiyah, Jama'ah Islamiyah)

(1) OJ L 139, 29.5.2002, p. 9.
(2) OJ L 286, 24.10.2002, p. 19.
Non-opposition to a notified concentration (Case COMP/M.2940 — TPG Advisors III/Goldman Sachs/Bain Capital Investors/Burger King) (Text with EEA relevance)
Date: 2002-10-29
Institutions: European Commission
Subjects: catering industry, commercial bank, economic concentration, investment company, merger control, restrictive-practice authorisation

C 262/16

EN

Official Journal of the European Communities

29.10.2002

Non-opposition to a notified concentration

(Case COMP/M.2871 — Air Liquide/BOC/Japan Air Gases)

(2002/C 262/10)

(Text with EEA relevance)

On 10 October 2002, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2871. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.

Non-opposition to a notified concentration

(Case COMP/M.2940 — TPG Advisors III/Goldman Sachs/Bain Capital Investors/Burger King)

(2002/C 262/11)

(Text with EEA relevance)

On 11 October 2002, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2940. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
Commission Regulation (EC) No 1933/2002 of 29 October 2002 fixing the production refund for olive oil used in the manufacture of certain preserved foods
Date: 2002-10-29
Institutions: European Commission
Subjects: cannery, olive oil, preserved product, production refund

30.10.2002

EN

Official Journal of the European Communities

L 295/9

COMMISSION REGULATION (EC) No 1933/2002

of 29 October 2002

fixing the production refund for olive oil used in the manufacture of certain preserved foods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organisa-
tion of the market in oils and fats (1), as last amended by Regu-
lation (EC) No 1513/2001 (2), and in particular Article 20a
thereof,

Whereas:

(1)

(2)

Article 20a of Regulation No 136/66/EEC provides for
the granting of a production refund for olive oil used in
the preserving industry. Under paragraph 6 of
that
Article, and without prejudice to paragraph 3 thereof,
the Commission shall fix this refund every two months.

By virtue of Article 20a(2) of the abovementioned Regu-
lation, the production refund must be fixed on the basis
of the gap between prices on the world market and on
the Community market, taking account of the import
falling within CN
to olive oil
charge

applicable

subheading 1509 90 00 and the factors used for fixing
the export refunds for those olive oils during the refer-
ence period.
It is appropriate to take as a reference
period the two-month period preceding the beginning of
the term of validity of the production refund.

(3)

The application of the above criteria results in the refund
being fixed as shown below,

HAS ADOPTED THIS REGULATION:

Article 1

For the months of November and December 2002, the amount
of the production refund referred to in Article 20a(2) of Regu-
lation No 136/66/EEC shall be EUR 44,00/100 kg.

Article 2

This Regulation shall enter into force on 1 November 2002.

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

Done at Brussels, 29 October 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
State aid — France — Commission notice to Member States and other interested parties — State aid measure C 27/2002 (ex N 1/2001) — Environmental aid for Sollac, ECSC steel (Text with EEA relevance)
Date: 2002-10-29
Institutions: European Commission
Subjects: France, State aid, control of State aid, environmental protection, iron and steel industry

29.10.2002

EN

Official Journal of the European Communities

C 262/13

Communication from the Commission concerning the calculation of the average Community share
of electricity market opening, as defined in Directive 96/92/EC (1), concerning common rules for
the internal market in electricity

(2002/C 262/06)

(Text with EEA relevance)

According to the calculations made by the Commission under Article 19(1) second and third paragraph of
Directive 96/92/EC, the average Community share of electricity market opening, as effective in
2003, is 34,53 %.

This figure has been calculated by adding, on the one hand electricity consumed by final consumers
consuming more than 9GWh in all the Member States and, on the other, total net consumption in all
the Member States, and then dividing the first figure by the second.

(1) OJ L 27, 30.1.1997, p. 20.

STATE AID — FRANCE

Commission notice to Member States and other interested parties

State aid measure C 27/2002 (ex N 1/2001) — Environmental aid for Sollac, ECSC steel

(2002/C 262/07)

(Text with EEA relevance)

By means of the letter dated 17 July 2002 and reproduced below, the Commission notified France of its
decision to close the abovementioned aid procedure.

‘By letter dated 21 December 2001, the French authorities notified the Commission of planned environ-
mental aid for the steel firm Sollac.

The project concerned by the notification consisted in the construction of an oxy-Claus unit for the
desulphurisation of ammoniacal vapours coming from the gas-treatment plant of the coking oven. The
proposed aid totalled EUR 2,79 million.

By letter dated 9 April 2002, the Commission informed France that it had decided to initiate the procedure
laid down in Article 6(5) of Commission Decision No 2496/96/ECSC of 18 December 1996 establishing
Community rules for State aid to the steel industry (1).

The Commission decision to initiate the procedure was published in the Official Journal of the European
Communities (2). The Commission invited interested parties to submit their comments on the aid.

By letter dated 7 June 2002, France withdrew the above notification.

As the French 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 L 338, 28.12.1996.
(2) OJ C 95, 19.4.2002, p. 9.