do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 377th meeting held on  12 July 2004  concerning a draft decision in case COMP/C.28.069 — Copper plumbing tubes
Date: 2004-07-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), competition law, control of restrictive practices, copper, fine, sanction (EU), tube

C 162/16

EN

Official Journal of the European Union

13.7.2006

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
377th meeting held on 12 July 2004 concerning a draft decision in case COMP/C.28.069 — Copper
plumbing tubes

(2006/C 162/08)

1. The Advisory Committee agrees with the description of the relevant products.

2. The Advisory Committee agrees that

the conduct

in question constitutes an infringement of

Article 81(1) of the Treaty and Article 53(1) of the EEA Agreement.

3. The Advisory Committee agrees that the infringement is a single, complex and many-sided infringe-

ment.

4. The Advisory Committee agrees with the duration of the infringement.

5. The Advisory Committee agrees as to the addressees of the Decision.

6. The Advisory Committee agrees as to the nature of the infringement: the infringement is very serious.

7. The Advisory Committee agrees with the aggravating circumstance identified by the Commission.

8. The Advisory Committee agrees with the mitigating circumstances allowed by the Commission.

9. The Advisory Committee agrees with the Commission's proposals regarding leniency.

10. The Advisory Committee agrees that no undertaking can claim a reduction in the fine on the basis of

its ability to pay or any other factor.

11. The Advisory Committee recommends the publication of its Opinion in the Official Journal of the Euro-

pean Union.

12. The Advisory Committee asks the Commission to take into account all the points raised during the

discussion.
2004/744/EC:Council Decision of 12 July 2004 appointing a Spanish alternate member of the Committee of the Regions
Date: 2004-07-12
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of staff

30.10.2004

EN

Official Journal of the European Union

L 328/99

COUNCIL DECISION

of 12 July 2004

appointing a Spanish alternate member of the Committee of the Regions

(2004/744/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Spanish Government,

Whereas:

(1)

(2)

On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and
alternate members of
the Regions for the period 26 January 2002 to 25
January 2006 (1).

the Committee of

A seat as an alternate member of the Committee of the Regions has become vacant following the
resignation of Mr Joaquin RIVAS RUBIALES, notified to the Council on 24 June 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr D. Pedro MOYA MILANES, Secretario General de Acción Exterior, Consejería de Presidencia, Gobierno de
la Comunidad Autónoma de Andalucía, is hereby appointed an alternate member of the Committee of the
Regions in place of Mr Joaquin RIVAS RUBIALES for the remainder of his term of office, which runs until 25
January 2006.

Done at Brussels, 12 July 2004.

For the Council
The President

B. R. BOT

(1) OJ L 24, 26.1.2002, p. 38.
Commission Regulation (EC) No 1273/2004 of 12 July 2004 deferring the final date for sowing certain arable crops in certain areas of the Community in the 2004/2005 marketing year
Date: 2004-07-12
Institutions: European Commission
Subjects: aid per hectare, aid system, arable land, producer organisation

13.7.2004

EN

Official Journal of the European Union

L 241/3

COMMISSION REGULATION (EC) No 1273/2004

of 12 July 2004

deferring the final date for sowing certain arable crops in certain areas of the Community in the
2004/2005 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1251/1999 of 17
May 1999 establishing a support system for producers of
certain arable crops (1), and in particular Article 9 thereof,

Whereas:

(1)

(2)

Article 8(2) of Regulation (EC) No 1251/1999 lays down
in order to qualify for area payments, producers
that,
than 31 May
must have sown the seed no later
preceding the relevant harvest.

As a result of the particular weather conditions this year,
it will not be possible, in the case of certain crops in Italy
and Spain and in certain regions of Finland, France,
Portugal and Sweden to comply with the final dates for
sowing.

(3)

(4)

In these circumstances, the deadline for sowing of certain
crops for
the 2004/2005 marketing year should be
deferred.

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

The final dates for sowing for the 2004/2005 marketing year
are fixed in the Annex for the crops and regions indicated.

Article 2

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

It shall apply to area payments for the 2004/2005 marketing
year.

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

Done at Brussels, 12 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

L 241/4

EN

Official Journal of the European Union

13.7.2004

ANNEX

Final dates for sowing for the 2004/2005 marketing year

Crop

Member State

Region

Final date

sunflower,

Soya,
linseed, flax

sorghum,

Italy

Maize

Italy

The entire country

15 June 2004

The entire country except
Lombardy: the municipalities
mentioned
Regional
in
Decree No 15969

Lombardy: the municipalities
mentioned
Regional
in
Decree No 15969

15 June 2004

30 June 2004

Maize,
sorghum, linseed, flax

soya,

sunflower,

Portugal

Entre-Douro e Minho, Beira
Litoral, Ribatejo e Oeste

15 June 2004

Maize, sunflower, sorghum

Spain

The entire country

15 June 2004

Maize

All crops

All crops

All crops

France

Sweden

Finland

Finland

Aquitaine, Midi-Pyrénées

15 June 2004

Västernorrland,
Västerbotten, Norrbotten

Jämtland,

28 June 2004

C2

C2P, C3, C4

21 June 2004

28 June 2004
2004/549/EC: Council Decision of 12 July 2004 appointing a new member of the Commission of the European Communities
Date: 2004-07-12
Institutions: Council of the European Union
Subjects: European Commission, European Commissioner, appointment of staff

L 244/50

EN

Official Journal of the European Union

16.7.2004

COUNCIL DECISION

of 12 July 2004

appointing a new member of the Commission of the European Communities

(2004/549/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph
of Article 215 thereof,

Whereas:

In a letter dated 6 July 2004, Mr Erkki LIIKANEN resigned, with effect from midnight on 11 July 2004, from
his post as a member of the Commission. He should be replaced for the remainder of his term of office,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Olli REHN is hereby appointed a member of the Commission for the period from 12 July 2004 to 31
October 2004.

This Decision shall take effect on 12 July 2004.

Article 2

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 12 July 2004.

For the Council
The President

B. BOT
Commission Regulation (EC) No 1281/2004 of 12 July 2004 amending the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty
Date: 2004-07-12
Institutions: European Commission
Subjects: export refund, white sugar

13.7.2004

EN

Official Journal of the European Union

L 241/19

COMMISSION REGULATION (EC) No 1281/2004

of 12 July 2004

amending the rates of refunds applicable to certain products from the sugar sector exported in the
form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1), and in particular Article 27(5)(a) and (15)
thereof,

Whereas:

(1)

The rates of the refunds applicable from 25 June 2004 to
the products listed in the Annex, exported in the form of
goods not covered by Annex I to the Treaty, were fixed
by Commission Regulation (EC) No 1167/2004 (2).

It follows from applying the rules and criteria contained
in Regulation (EC) No 1167/2004 to the information at
present available to the Commission that
the export
refunds at present applicable should be altered as
shown in the Annex hereto,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of refund fixed by Regulation (EC) No 1167/2004 are
hereby altered as shown in the Annex hereto.

Article 2

This Regulation shall enter into force on 13 July 2004.

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

Done at Brussels, 12 July 2004.

For the Commission

Erkki LIIKANEN
Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004,
p. 16).

(2) OJ L 224, 25.6.2004, p. 20.

L 241/20

EN

Official Journal of the European Union

13.7.2004

ANNEX

Rates of refunds applicable from 13 July 2004 to certain products from the sugar sector exported in the form of
goods not covered by Annex I to the Treaty

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of
refunds

1701 99 10

White sugar

43,07

Other

43,07
Final report of the Hearing Officer in case COMP/38.069 — Copper plumbing tubes  (pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of  23 May 2001  on the terms of reference of Hearing Officers in certain competition proceedings —  OJ L 162, 19.6.2001, p. 21 )
Date: 2004-07-12
Institutions: European Commission
Subjects: audit, competition law, control of restrictive practices, copper, infringement procedure (EU), report, tube

13.7.2006

EN

Official Journal of the European Union

C 162/17

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

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of
Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2006/C 162/09)

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

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

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

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

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

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

Brussels, 12 July 2004

Serge DURANDE
Commission Regulation (EC) No 1278/2004 of 12 July 2004 prohibiting fishing for haddock by vessels flying the flag of Belgium
Date: 2004-07-12
Institutions: European Commission
Subjects: Belgium, catch quota, fishing area, fishing rights, ship's flag

L 241/14

EN

Official Journal of the European Union

13.7.2004

COMMISSION REGULATION (EC) No 1278/2004

of 12 July 2004

prohibiting fishing for haddock by vessels flying the flag of Belgium

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy (1), and in particular Article 21(3)
thereof,

Whereas:

(1)

(2)

Council Regulation (EC) No 2287/2003 of 19 December
2003 fixing for 2004 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of
for
fish stocks, applicable in Community waters and,
Community vessels,
in
in waters where limitations
catch are required (2), lays down quotas for haddock for
2004.

In order
to ensure compliance with the provisions
relating to the quantity limits on catches of stocks
subject to quotas, the Commission must fix the date by
which catches made by vessels flying the flag of a
Member State are deemed to have exhausted the quota
allocated.

to

by

the

received

According
the
information
Commission, catches of haddock in the waters of ICES
zone VII, VIII and IX, CECAF 34.1.1 (EC waters) by
registered in
vessels
Belgium have exhausted the quota allocated for 2004.
Belgium has prohibited fishing for this stock from 15
May 2004. This date should be adopted in this Regu-
lation also,

flying the flag of Belgium or

HAS ADOPTED THIS REGULATION:

Article 1

Catches of haddock in the waters of ICES zone VII, VIII and IX,
CECAF 34.1.1 (EC waters) by vessels flying the flag of Belgium
or registered in Belgium are hereby deemed to have exhausted
the quota allocated to Belgium for 2004.

Fishing for haddock in the waters of ICES zone VII, VIII and IX,
CECAF 34.1.1 (EC waters) by vessels flying the flag of Belgium
or
registered in Belgium is hereby prohibited, as are the
retention on board, transhipment and landing of this stock
caught by the above vessels after the date of application of
this Regulation.

Article 2

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

It shall apply from 15 May 2004.

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

Done at Brussels, 12 July 2004.

For the Commission

Jörgen HOLMQUIST
Director-General for Fisheries

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(2) OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 867/2004 (OJ L 161, 30.4.2004, p. 144).
2004/745/EC:Council Decision of 12 July 2004 appointing a Spanish member of the Committee of the Regions
Date: 2004-07-12
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of staff

L 328/100

EN

Official Journal of the European Union

30.10.2004

COUNCIL DECISION

of 12 July 2004

appointing a Spanish member of the Committee of the Regions

(2004/745/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Spanish Government,

Whereas:

(1)

(2)

On 22 January 2002 (1) the Council adopted Decision 2002/60/EC appointing the members and
alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January
2006.

A seat as a member of the Committee of the Regions has become vacant following the resignation of
Mr José BONO MARTINEZ, notified to the Council on 24 June 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr José María BARREDA FONTES, Presidente – Gobierno de Castilla-La Mancha,
is hereby appointed a
member of the Committee of the Regions in place of Mr José BONO MARTINEZ for the remainder of his
term of office, which runs until 25 January 2006.

Done at Brussels, 12 July 2004.

For the Council
The President

B. R. BOT

(1) OJ L 24, 26.1.2002, p. 38.
Commission Regulation (EC) No 1272/2004 of 12 July 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-07-12
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit

13.7.2004

EN

Official Journal of the European Union

L 241/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1272/2004

of 12 July 2004

establishing the standard import values for determining the entry price of certain fruit and vege-
tables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

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
and in
import
fruit
arrangements
particular Article 4(1) thereof,

and vegetables (1),

for

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.

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 13 July 2004.

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

Done at Brussels, 12 July 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

L 241/2

EN

Official Journal of the European Union

13.7.2004

to the Commission Regulation of 12 July 2004 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

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

0809 10 00

0809 20 95

0809 30 10, 0809 30 90

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

052
096
999

052
999

052
999

382
388
508
524
528
999

388
400
404
508
512
528
720
804
999

052
388
512
528
999

052
624
999

052
068
400
999

052
624
999

388
512
624
999

52,9
46,2
49,6

88,5
88,5

81,8
81,8

134,1
63,2
63,6
48,1
41,7
70,1

79,1
117,3
116,8
70,6
77,1
79,9
50,9
96,9
86,1

95,0
106,3
91,9
67,4
90,2

208,8
203,1
206,0

325,8
222,3
352,1
300,1

158,5
75,4
117,0

108,3
91,6
170,8
123,6

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘999’ stands for

‘of other origin’.