do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 393rd meeting on 5 September 2005 concerning a draft decision in Case COMP/38.337 — PO/Thread
Date: 2005-09-05
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: commercial contract, dominant position, motor vehicle industry, restriction on competition, restrictive trade practice, textile fibre, textile industry

26.1.2008

EN

Official Journal of the European Union

C 21/5

Opinion of the Advisory Committee on restrictive practices and dominant positions given at
its 393rd meeting on 5 September 2005 concerning a draft decision in Case COMP/38.337 —
PO/Thread

(2008/C 21/04)

1. The members of the Advisory Committee unanimously agree with the Commission's conclusion on the

relevant market.

2. The members of the Advisory Committee unanimously agree with the Commission that the addressees
of the draft decision have participated in agreements and/or concerted practices within the meaning of
Article 81(1) of the EC Treaty.

3. The members of the Advisory Committee unanimously agree with the Commission that the addressees
of the draft decision have participated in a single and continuous infringement of Article 81(1) of the
EC Treaty affecting, respectively, the markets of thread for industrial customers in the Benelux and the
Nordic countries, the markets of thread for industrial customers in the United Kingdom and the
markets of automotive thread in the EEA.

4. The members of the Advisory Committee unanimously agree with the Commission that the object and
effect of the agreements and/or concerted practices were to restrict competition within the meaning of
Article 81(1) of the EC Treaty.

5. The members of the Advisory Committee unanimously agree with the Commission that the agreements
and/or concerted practices have been capable of appreciably affecting trade between Member States of
the EU.

6. The members of the Advisory Committee unanimously agree with the Commission on the gravity of

the infringements.

7. The members of the Advisory Committee unanimously agree with the Commission on the duration of

the infringement.

8. The members of the Advisory Committee unanimously agree with the Commission that there are no

aggravating circumstances applicable.

9. The members of the Advisory Committee unanimously agree with the Commission's conclusion on the
application of a mitigating circumstance for the infringement for industrial thread in the Benelux and
the Nordic countries, as well as with the conclusion that there are no mitigating circumstances applic-
able for the infringement concerning automotive thread in the EEA.

10. The members of the Advisory Committee unanimously agree with the Commission on the application

of the Leniency Notice.

11. The members of the Advisory Committee unanimously recommend the publication of its opinion in

the Official Journal of the European Union.

12. The members of the Advisory Committee unanimously ask the Commission to take into account all the

other points raised during the discussion.
Commission Regulation (EC) No 1446/2005 of 5 September 2005 adopting derogations from the provisions of Regulation (EC) No 2150/2002 of the European Parliament and of the Council on waste statistics as regards the United Kingdom and Austria   (Text with EEA relevance)
Date: 2005-09-05
Institutions: European Commission
Subjects: Austria, EU statistics, United Kingdom, derogation from EU law, waste management

6.9.2005

EN

Official Journal of the European Union

L 229/13

COMMISSION REGULATION (EC) No 1446/2005

of 5 September 2005

adopting derogations from the provisions of Regulation (EC) No 2150/2002 of the European
Parliament and of the Council on waste statistics as regards the United Kingdom and Austria

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

the
Having regard to Regulation (EC) No 2150/2002 of
European Parliament and of
the Council of 25 November
2002 on waste statistics (1), and in particular Article 4(1)
thereof,

Having regard to the request made by the United Kingdom on
20 December 2004,

Having regard to the request made by Austria on 16 November
2004,

Whereas:

(1)

(2)

(3)

In accordance with Article 4(1) of Regulation (EC) No
2150/2002, derogations
from certain provisions of
Annexes to that Regulation may be granted by the
Commission during a transitional period.

Such derogations should be granted, at their request, to
the United Kingdom and Austria.

The measures provided for in this Regulation are in
Statistical
accordance with
Programme Committee established by Council Decision
89/382/EEC, Euratom (2),

opinion

the

the

of

The following derogations from the provisions of Regu-

1.
lation (EC) No 2150/2002 are hereby granted:

(a) The United Kingdom is granted derogations
for
the
Items 1
production of results relating to Section 8(1.1),
(agriculture, hunting and forestry), 2 (fisheries) and 16
(services activities) of Annex I and those relating to
Section 8(2) of Annex II.

(b) Austria is granted derogations for the production of results
relating to Section 8(1.1), Items 2 (fisheries) and 16 (services
activities) of Annex I and those relating to Section 8(2) of
Annex II.

2.
The derogations provided for in paragraph 1 are granted
only in respect of data for the first reference year, namely 2004.

Article 2

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 5 September 2005.

For the Commission

Joaquín ALMUNIA
Member of the Commission

(1) OJ L 332, 9.12.2002, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 783/2005 (OJ L 131, 25.5.2005,
p. 38).

(2) OJ L 181, 28.6.1989, p. 47.
Commission Regulation (EC) No 1442/2005 of 5 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2005-09-05
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

6.9.2005

EN

Official Journal of the European Union

L 229/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1442/2005

of 5 September 2005

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
Community,

establishing the European

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

for

Whereas:

standard values for imports from third countries,
in
respect of the products and periods stipulated in the
Annex thereto.

(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,

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.

(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

Article 2

This Regulation shall enter into force on 6 September 2005.

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

Done at Brussels, 5 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ
Director-General for Agriculture and
Rural Development

(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 229/2

EN

Official Journal of the European Union

6.9.2005

to Commission Regulation of 5 September 2005 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 80

0808 20 50

0809 30 10, 0809 30 90

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

052
096
999

052
068
096
999

052
999

382
388
524
528
999

052
220
624
999

388
400
508
512
528
720
800
804
999

052
388
512
528
800
999

052
999

052
066
093
098
624
999

62,8
14,0
38,4

79,5
65,2
25,9
56,9

78,4
78,4

48,0
70,0
53,8
62,5
58,6

81,3
167,2
120,4
123,0

84,8
69,1
60,0
70,5
73,1
25,0
126,7
80,8
73,8

98,1
98,1
9,6
11,6
152,8
74,0

102,1
102,1

113,5
76,4
42,5
42,5
107,5
76,5

(1) Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of

other origin’.
Commission Regulation (EC) No 1443/2005 of 5 September 2005 amending Regulation (EC) No 1381/2005 as regards the quantity covered by the standing invitation to tender for the export of barley held by the French intervention agency
Date: 2005-09-05
Institutions: European Commission
Subjects: France, award of contract, barley, export, intervention agency

6.9.2005

EN

Official Journal of the European Union

L 229/3

COMMISSION REGULATION (EC) No 1443/2005

of 5 September 2005

amending Regulation (EC) No 1381/2005 as regards the quantity covered by the standing invitation
to tender for the export of barley held by the French intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of
29 September 2003 on the common organisation of
the
market in cereals (1), and in particular Article 6 thereof,

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

Article 2 of Regulation (EC) No 1381/2005 is replaced by the
following:

(1)

(2)

(3)

Commission Regulation (EEC) No 2131/93 (2), lays down
the procedure and conditions for the disposal of cereals
held by intervention agencies.

Commission Regulation (EC) No 1381/2005 (3), opened
a standing invitation to tender for the export of 216 086
tonnes of barley held by the French intervention agency.

France has informed the Commission of its intervention
agency’s intention to increase by 8 338 tonnes the
quantity put out to tender for export. In view of the
market situation, the request made by France should be
granted.

‘Article 2

The invitation to tender shall cover a maximum of 224 424
tonnes of barley for export
to third countries with the
exception of Albania, Bosnia and Herzegovina, Bulgaria,
of
Canada, Croatia,
Former Yugoslav Republic
and
Macedonia, Liechtenstein, Mexico, Romania, Serbia
Montenegro (*), Switzerland and the United States of
America.

the

___________
(*) Including Kosovo, as defined in UN Security Council

Resolution 1244 of 10 June 1999.’

Article 2

(4)

Regulation (EC) No 1381/2005 should therefore be
amended.

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Brussels, 5 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

amended by
Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005,
p. 11).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu-

lation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

(3) OJ L 220, 25.8.2005, p. 9.