do-me/EUR-LEX huggingface dataset:
Final Report of the Hearing Officer in Cases COMP/35587 PO Video Games — COMP/35706 PO Nintendo Distribution — COMP/36321 Omega Nintendo (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) (Text with EEA relevance)
Date: 2003-10-08
Institutions: European Commission
Subjects: automatic game, competition law, infringement of EU law, report, restrictive trade practice

8.10.2003

EN

Official Journal of the European Union

C 241/5

Final Report of the Hearing Officer in Cases COMP/35587 PO Video Games — COMP/35706 PO
Nintendo Distribution — COMP/36321 Omega Nintendo

(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)

(2003/C 241/03)

(Text with EEA relevance)

The draft decision in the abovementioned case gives rise to the following observations.

A statement of objections was addressed to Nintendo Corporation Ltd (copied to Nintendo of Europe
GmbH), John Menzies plc (copied to THE Games Ltd), Soc. Rep. Concentra LDA, Linea GIG Spa, Nortec
SA, Bergsala AB, Itochu Corporation (copied to Itochu Hellas SA) and CD-Contact Data GmbH (copied to
Contact-Data Belgium NV) on 25 April 2000. The statement set out the Commissions preliminary view
that infringements of Article 81(1) had been committed by Nintendo and the other addressees in relation
to the distribution of Nintendo manufactured products. The Commission had opened an ex officio
procedure in this case on 11 September 1995 (Case IV/35.706).

The statement of objections also incorporated issues raised in a complaint by Omega Electro BV registered
with the Commission on 3 December 1996 (IV/36.321). In accordance with its rights as a complainant,
Omega Electro BV was sent a non-confidential version of the statement of objections on 8 June 2000.
Omega Electro BV did not submit any comments in response.

The proceedings in this case also rely on documents from an earlier and broader case opened by the
Commission in relation to video games in general on 23 May 1995 (Case IV.35.587). Documents from this
case were also used in earlier separate proceedings against Nintendo (and others) concerning its licensing
practices with regard to independent developers of games for its respective game consoles. A statement of
objections was sent
In response to the Commissions
competition concerns Nintendo amended its EEA NES, SNES and Game Boy licensing agreements. On
18 July 1997 the Commission informed Nintendo that these earlier proceedings against it were closed.

to Nintendo in this case on 15 May 1996.

The parties responded to the statement of objections in the present case on individually agreed dates in
June and July 2000. They did not request an oral hearing.

The rights to be heard have been respected in the present case.

The draft decision deals only with objections in relation to which the parties have had the opportunity to
be heard.

Done at Brussels, 7 October 2002.

Karen WILLIAMS
Conclusion of the Memorandum of Understanding with Bulgaria on its participation in the Fiscalis 2003-2007 Community programme
Date: 2003-10-08
Institutions: European Commission
Subjects: Bulgaria, EU programme, protocol to an agreement, tax system

C 241/10

EN

Official Journal of the European Union

8.10.2003

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate B
KJ-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877

8. Noncooperation

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within

the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 28 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.

If an interested party does not cooperate, or cooperates only
partially, the result may be less favorable to the party than if it
had cooperated.

Conclusion of the Memorandum of Understanding with Bulgaria on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/06)

On 18 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Bulgaria on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with the Czech Republic on its participation in
the Fiscalis 2003-2007 Community programme

(2003/C 241/07)

On 24 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of the Czech Republic on its participation in the Fiscalis
2003-2007 Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Estonia on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/08)

On 29 May 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Estonia on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm
Conclusion of Memorandum of Understanding with Romania on its participation in the Fiscalis 2003-2007 Community programme
Date: 2003-10-08
Institutions: European Commission
Subjects: EU programme, Romania, protocol to an agreement, tax system

C 241/12

EN

Official Journal of the European Union

8.10.2003

Conclusion of the Memorandum of Understanding with Malta on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/13)

On 15 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Malta on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Poland on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/14)

On 29 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Poland on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of Memorandum of Understanding with Romania on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/15)

On 29 August 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Romania on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Slovenia on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/16)

On 24 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Slovenia on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm
Conclusion of the Memorandum of Understanding with Malta on its participation in the Fiscalis 2003-2007 Community programme
Date: 2003-10-08
Institutions: European Commission
Subjects: EU programme, Malta, protocol to an agreement, tax system

C 241/12

EN

Official Journal of the European Union

8.10.2003

Conclusion of the Memorandum of Understanding with Malta on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/13)

On 15 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Malta on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Poland on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/14)

On 29 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Poland on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of Memorandum of Understanding with Romania on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/15)

On 29 August 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Romania on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Slovenia on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/16)

On 24 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Slovenia on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2003-10-08
Institutions: European Commission
Subjects: Netherlands, State aid, cheese factory, control of State aid

C 241/14

EN

Official Journal of the European Union

8.10.2003

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2003/C 241/20)

Date of adoption of the decision:

2.9.2003

Member State:

Aid No:

Title:

Objective:

Legal basis:

Budget:

Aid intensity or amount:

Duration:

The Netherlands

N 499/02

Subsidy for a cheese factory

The construction of a cheese factory

Besluit subsidies regionale investeringsprojecten 2000 van
22.8.2000

EUR 6 806 703

9,1 %

One-off

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Non-opposition to a notified concentration

(Case COMP/M.3161 — CVRD/CAEMI)

(2003/C 241/21)

(Text with EEA relevance)

On 18 July 2003 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(2) 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 303M3161. 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.
Conclusion of the Memorandum of Understanding with Estonia on its participation in the Fiscalis 2003-2007 Community programme
Date: 2003-10-08
Institutions: European Commission
Subjects: EU programme, Estonia, protocol to an agreement, tax system

C 241/10

EN

Official Journal of the European Union

8.10.2003

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate B
KJ-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877

8. Noncooperation

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within

the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 28 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.

If an interested party does not cooperate, or cooperates only
partially, the result may be less favorable to the party than if it
had cooperated.

Conclusion of the Memorandum of Understanding with Bulgaria on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/06)

On 18 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Bulgaria on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with the Czech Republic on its participation in
the Fiscalis 2003-2007 Community programme

(2003/C 241/07)

On 24 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of the Czech Republic on its participation in the Fiscalis
2003-2007 Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Estonia on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/08)

On 29 May 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Estonia on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) in Part I of Protocol 3 to the Surveillance and Court Agreement — The EFTA Surveillance Authority has decided that the notified measure is compatible with the EEA Agreement
Date: 2003-10-08
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, Norway, State aid, control of State aid, restriction on competition

C 308/34

EN

Official Journal of the European Union

18.12.2003

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) in Part I
of Protocol 3 to the Surveillance and Court Agreement

The EFTA Surveillance Authority has decided that the notified measure is compatible with the
EEA Agreement

(2003/C 308/11)

Date of adoption:

8 October 2003

EFTA State:

Norway

Aid No:

SAM 030.03.002

Title:

A new temporary grant scheme for the shipbuilding industry

Objective:

Legal basis:

To offset the adverse effects caused by the unfair competitive practices of the
Republic of Korea

Act relating to State aid (‘Lov om offentlig støtte av 27 november 1992’) and
Regulation amending Regulation on State Aid to Shipbuilding (‘Forskrift om
endring av forskrift 19. mars 1999 nr. 246 om gjennomføring av EØS-avtalens
implementing
bestemmelser om offentlig
Council Regulation No 1177/2002 of 27 June 2002 concerning a temporary
defensive mechanism to shipbuilding, as adopted by the EEA Joint Committee
decision No 170/2002

skipsbyggingsindustrien’)

støtte

til

Budget:

NOK 300 million (some EUR 37 million)

Duration:

From 15 March 2003 until 31 March 2004
Commission Regulation (EC) No 1766/2003 of 8 October 2003 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2003-10-08
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

9.10.2003

EN

Official Journal of the European Union

L 256/3

COMMISSION REGULATION (EC) No 1766/2003

of 8 October 2003

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 1947/2002 (2), and in parti-
cular 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 9 October 2003.

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

Done at Brussels, 8 October 2003.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66.
(2) OJ L 299, 1.11.2002, p. 17.

L 256/4

EN

Official Journal of the European Union

9.10.2003

to the Commission Regulation of 8 October 2003 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
060
064
068
096
999

052
999

052
999

052
382
388
524
528
999

052
064
508
999

060
388
400
508
512
720
800
804
999

052
064
388
999

84,7
93,8
110,4
67,7
72,9
85,9

101,8
101,8

92,6
92,6

88,6
58,3
70,3
77,8
52,3
69,5

100,8
114,9
301,7
172,5

46,3
78,8
55,7
103,4
110,4
40,0
191,5
109,4
91,9

104,5
53,0
170,0
109,2

(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’.
Conclusion of the Memorandum of Understanding with Poland on its participation in the Fiscalis 2003-2007 Community programme
Date: 2003-10-08
Institutions: European Commission
Subjects: EU programme, Poland, protocol to an agreement, tax system

C 241/12

EN

Official Journal of the European Union

8.10.2003

Conclusion of the Memorandum of Understanding with Malta on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/13)

On 15 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Malta on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Poland on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/14)

On 29 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Poland on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of Memorandum of Understanding with Romania on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/15)

On 29 August 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Romania on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm

Conclusion of the Memorandum of Understanding with Slovenia on its participation in the Fiscalis
2003-2007 Community programme

(2003/C 241/16)

On 24 April 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Slovenia on its participation in the Fiscalis 2003-2007
Community programme was signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/enlargement/pas/ocp/index.htm