do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 405th meeting on 20 March 2006 concerning a draft decision relating to Case COMP/E-1/38.113 — Prokent/Tomra
Date: 2006-03-20
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: beverage, dominant position, economic concentration, merger control, packaging product, restriction on competition, restrictive trade practice, waste recycling

28.8.2008

EN

Official Journal of the European Union

C 219/5

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
405th meeting on 20 March 2006 concerning a draft decision relating to Case COMP/E-1/38.113 —
Prokent/Tomra

(2008/C 219/07)

1. The Advisory Committee agrees with the Commission's conclusion on the relevant market:

(a) the product market;

(b) the geographical market.

2. The majority of the Advisory Committee agrees with the Commission's conclusion that Tomra enjoyed a
dominant position on the reverse vending machine market in the five countries concerned. A minority
abstains.

3. The majority of the Advisory Committee agrees with the Commission on the conclusion that Tomra's
practices had an object and effect to restrict competition within the meaning of Article 82 of the
EC Treaty and Article 54 of the EEA Agreement. A minority disagrees.

4. The majority of the Advisory Committee agrees with the Commission's conclusion that Tomra's practices
have been capable of appreciably affecting trade between Member States of the EU and Contracting
parties of the EEA Agreement. A minority disagrees.

5. The majority of the Advisory Committee agrees with the Commission's conclusion on the gravity of the

infringement. A minority disagrees.

6. The majority of the Advisory Committee agrees with the Commission's conclusion on the duration of

the infringement. A minority disagrees.

7. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European

Union.

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

discussion.
Commission Regulation (EC) No 636/2006 of  20 March 2006  establishing a prohibition of fishing for herring in ICES IV c, VII d by vessels flying the flag of France
Date: 2006-03-20
Institutions: European Commission
Subjects: France, fishing area, fishing regulations, fishing rights, sea fish, ship's flag

L 112/10

EN

Official Journal of the European Union

26.4.2006

COMMISSION REGULATION (EC) No 636/2006

of 20 March 2006

establishing a prohibition of fishing for herring in ICES IV c, VII d by vessels flying the flag
of France

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

It is therefore necessary to prohibit fishing for that stock
and its retention on board, transhipment and landing,

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS REGULATION:

Having regard to Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploi-
tation of
the Common Fisheries
Policy (1), and in particular Article 26(4) thereof,

resources under

fisheries

Having regard to Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to
common fisheries policy (2), and in particular Article 21(3)
thereof,

Whereas:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in
the Annex to this Regulation for the stock referred to therein
for 2006 shall be deemed to be exhausted from the date set out
in that Annex.

Article 2

Prohibitions

(1)

(2)

Council Regulation (EC) No 51/2006 of 22 December
2005 fixing for 2006 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of
fish stocks applicable in Community waters and for
Community vessels,
in waters where catch limitations
are required (3), lays down quotas for 2006.

Fishing for the stock referred to in the Annex to this Regulation
by vessels flying the flag of or registered in the Member State
referred to therein shall be prohibited from the date set out in
that Annex. It shall be prohibited to retain on board, tranship
or land such stock caught by those vessels after that date.

to

the

information

the
received
According
Commission, catches of
the stock referred to in the
Annex to this Regulation by vessels flying the flag of
or registered in the Member State referred to therein
have exhausted the quota allocated for 2006.

by

Article 3

Entry into force

This Regulation shall enter into force on the day following that
of its publication 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, 20 March 2006.

For the Commission

Jörgen HOLMQUIST
Director-General for Fisheries and Maritime Affairs

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(3) OJ L 16, 20.1.2006, p. 1.

26.4.2006

EN

Official Journal of the European Union

L 112/11

No

Member State

Stock

Species

Zone

Date

ANNEX

03

France

HER/4CXB7D

Herring (Clupea harengus)

IV c, VII d

1 March 2006
Commission Regulation (EC) No 460/2006 of  20 March 2006  on the issue of import licences for garlic imported under the autonomous tariff quota opened by Regulation (EC) No 393/2006
Date: 2006-03-20
Institutions: European Commission
Subjects: bulb vegetable, import, import licence, tariff quota

L 82/8

EN

Official Journal of the European Union

21.3.2006

COMMISSION REGULATION (EC) No 460/2006

of 20 March 2006

on the issue of import licences for garlic imported under the autonomous tariff quota opened by
Regulation (EC) No 393/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 393/2006 of
6 March 2006 opening and providing for the administration of
an autonomous tariff quota for garlic (1), and in particular
Article 6(3) thereof,

Whereas:

Licence applications submitted by traditional and new importers
to the competent authorities of the Member States pursuant to
Article 4(1) of Regulation (EC) No 393/2006, exceed the
available quantities. The extent
to which licences may be
issued should therefore be determined,

Article 1

for

import

Applications

licences made by traditional
1.
importers pursuant
to Article 4(1) of Regulation (EC) No
393/2006 and submitted to the Commission by the Member
States on 16 March 2006 shall be issued for 2,319 % of the
quantity applied for.

2.
Applications for import licences made by new importers
pursuant to Article 4(1) of Regulation (EC) No 393/2006 and
submitted to the Commission by the Member States on
16 March 2006 shall be issued for 0,857 % of the quantity
applied for.

Article 2

This Regulation shall enter into force on 21 March 2006.

It shall apply until 30 June 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 65, 7.3.2006, p. 18.
View of the representative of the EFTA States concerning a preliminary draft decision relating to Case COMP/E-1/38.113 — Prokent/Tomra — Meeting on 20 March 2006 of the EC Advisory Committee on restrictive practices and dominant positions
Date: 2006-03-20
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: beverage, dominant position, economic concentration, merger control, packaging product, restriction on competition, restrictive trade practice, waste recycling

C 219/6

EN

Official Journal of the European Union

28.8.2008

View of the representative of the EFTA States concerning a preliminary draft decision relating to
Case COMP/E-1/38.113 — Prokent/Tomra

Meeting on 20 March 2006 of the EC Advisory Committee on restrictive practices and dominant
positions

(2008/C 219/08)

1. The representative of the EFTA States agrees with the Commission's conclusion on the relevant market:

(a) the product market;

(b) the geographical market.

2. The representative of the EFTA States agrees with the Commission's conclusion that Tomra enjoyed a

dominant position on the reverse vending machine market in the five countries concerned.

3. The representative of the EFTA States agrees with the Commission on the conclusion that Tomra's prac-
tices had an object and effect to restrict competition within the meaning of Article 82 of the EC Treaty
and Article 54 of the EEA Agreement.

4. The representative of the EFTA States agrees with the Commission's conclusion that Tomra's practices
have been capable of appreciably affecting trade between Member States of the EU and Contracting
parties of the EEA Agreement.

5. The representative of the EFTA States agrees with the Commission's conclusion on the gravity of the

infringement.

6. The representative of the EFTA States agrees with the Commission's conclusion on the duration of the

infringement.

7. The representative of the EFTA States recommends the publication of its opinion in the Official Journal of

the European Union.

8. The representative of the EFTA States asks the Commission to take into account all the other points

raised during the discussion.
Commission Regulation (EC) No 461/2006 of  20 March 2006  on the issue of import licences for certain preserved mushrooms imported under the autonomous tariff quota opened by Regulation (EC) No 392/2006
Date: 2006-03-20
Institutions: European Commission
Subjects: import, import licence, mushroom-growing, preserved product, tariff quota

21.3.2006

EN

Official Journal of the European Union

L 82/9

COMMISSION REGULATION (EC) No 461/2006

of 20 March 2006

on the issue of import licences for certain preserved mushrooms imported under the autonomous
tariff quota opened by Regulation (EC) No 392/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 392/2006 of
6 March 2006 opening and providing for the administration of
an autonomous tariff quota for preserved mushrooms (1), and in
particular Article 6(3) thereof,

Whereas:

Licence applications submitted by traditional and new importers
to the competent authorities of the Member States under Article
4(1) of Regulation (EC) No 392/2006 exceed the available quan-
tities. The extent
to which licences may be issued should
therefore be determined,

Article 1

Import

licences applied for by traditional

1.
importers
pursuant to Article 4(1) of Regulation (EC) No 392/2006 and
submitted to the Commission on 16 March 2006 shall be
issued for 8,587 % of the quantity applied for.

2.
Import licences applied for by new importers pursuant to
Article 4(1) of Regulation (EC) No 392/2006 and submitted to
the Commission on 16 March 2006 shall be issued for
17,391 % of the quantity applied for.

Article 2

This Regulation shall enter into force on 21 March 2006.

It shall apply until 30 June 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 65, 7.3.2006, p. 14.
Commission Regulation (EC) No 457/2006 of  20 March 2006  establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2006-03-20
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit

21.3.2006

EN

Official Journal of the European Union

L 82/3

COMMISSION REGULATION (EC) No 457/2006

of 20 March 2006

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 21 March 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY
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 386/2005 (OJ L 62, 9.3.2005, p. 3).

L 82/4

EN

Official Journal of the European Union

21.3.2006

to Commission Regulation of 20 March 2006 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 10 20

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
212
624
999

052
999

052
204
999

052
204
212
220
400
448
624
999

052
624
999

388
400
404
508
512
524
528
720
999

388
512
528
720
999

110,3
54,2
102,0
101,8
92,1

139,2
139,2

131,7
50,4
91,1

68,9
43,6
53,1
45,2
60,8
37,8
61,8
53,0

65,0
67,8
66,4

101,4
114,1
102,5
82,7
79,2
78,8
77,8
92,1
91,1

81,5
73,2
73,4
48,1
69,1

(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 459/2006 of  20 March 2006  determining the world market price for unginned cotton
Date: 2006-03-20
Institutions: European Commission
Subjects: cotton, world market price

21.3.2006

EN

Official Journal of the European Union

L 82/7

COMMISSION REGULATION (EC) No 459/2006

of 20 March 2006

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 laying down detailed rules for applying the
cotton aid scheme (3). 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
for unginned
the world market price
1051/2001,

the

considered representative of

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
real
among those
market trend. To that end, an average is to be calculated
of offers and quotations recorded on one or more
European exchanges for a product delivered cif
to a
port in the Community and coming from the various
supplier countries considered the most representative in
terms of international 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 quotations 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 hereinafter,

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 21,897 EUR/100 kg.

Article 2

This Regulation shall enter into force on 21 March 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY
Director-General for Agriculture and
Rural Development

(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. Regulation as amended by Regulation

(EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).
Council Decision 2006/366/CFSP of  20 March 2006  concerning the conclusion of the Agreement between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team
Date: 2006-03-20
Institutions: Council of the European Union
Subjects: Caucasus countries, Georgia, agreement (EU), common foreign and security policy, diplomatic representation, ratification of an agreement, regulations for civil servants, the EU's international role

L 135/14

EN

Official Journal of the European Union

23.5.2006

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL DECISION 2006/366/CFSP

of 20 March 2006

concerning the conclusion of the Agreement between the European Union and the Government of
Georgia on the status in Georgia of the European Union Special Representative for the South
Caucasus and his/her support team

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Article 1

Having regard to the Treaty on European Union, and in
particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

The Agreement between the European Union and the
the
Government of Georgia on the status
European Union
South
for
Caucasus and his/her support
team is hereby approved on
behalf of the Union.

Special Representative

in Georgia of

the

Whereas:

The text of the Agreement is attached to this Decision.

Article 2

Further
to the decision to respond to the situation
following the closure of the OSCE border monitoring
mission in Georgia by strengthening the European
Union Special Representative (EUSR)
the South
Caucasus, the Council adopted, on 28 July 2005, Joint
Action 2005/582/CFSP amending and extending the
mandate of the European Union Special Representative
for the South Caucasus (1).

for

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the Union.

Article 3

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

(1)

(2)

Article 4

This Decision shall take effect on the day of its adoption.

Done at Brussels, 20 March 2006.

For the Council
The President

U. PLASSNIK

Further
to Council Decision of 3 October 2005
authorising the Presidency, assisted where necessary by
the Secretary-General/High Representative, to open nego-
tiations, the Presidency negotiated an agreement between
the European Union and the Government of Georgia on
the status in Georgia of the EUSR for the South Caucasus
and his/her support team.

(3)

The Agreement should be approved,

(1) OJ L 199, 29.7.2005, p. 92.

Joint Action as amended by Joint

Action 2006/121/CFSP (OJ L 49, 21.2.2006, p. 14).