do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 25 January 2008 regarding a draft decision relating to Case COMP/B-1/39.326 — E.ON: Breach of seals (2) — Rapporteur: Belgium
Date: 2008-09-19
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: competition law, confidentiality, dominant position, energy industry, fine, offence, restriction on competition

19.9.2008

EN

Official Journal of the European Union

C 240/3

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
meeting of 25 January 2008 regarding a draft decision relating to Case COMP/B-1/39.326 — E.ON:
Breach of seals (2)

Rapporteur: Belgium

(2008/C 240/04)

1. The Advisory Committee agrees with the factors that were taken into account when calculating the level

of the fine for E.ON Energie AG pursuant to Article 23(1)(e) of Regulation (EC) No 1/2003.

2. The Advisory Committee agrees with the actual level of the fine proposed by the Commission.

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

Union.
Prior notification of a concentration (Case COMP/M.5220 — Eni/Distrigaz) Text with EEA relevance
Date: 2008-09-19
Institutions: European Commission
Subjects: economic concentration, energy production, energy site, exchange of information, hydrocarbon, merger control, natural gas, sale

19.9.2008

EN

Official Journal of the European Union

C 240/25

Prior notification of a concentration

(Case COMP/M.5220 — Eni/Distrigaz)

(Text with EEA relevance)

(2008/C 240/11)

1.
On 10 September 2008, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Eni SpA (‘Eni’, Italy)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the under-
taking Distrigaz SA (‘Distrigaz’, Belgium), part of the Suez Group (‘Suez’, France) by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Eni: Italian company active in exploration and production of natural gas, natural gas

supply, transmission, storage, distribution and trade, exploration and production of oil,

— for undertaking Distrigaz: Belgium company active in the natural gas business, with activities in Belgium,

France, Germany, Luxembourg and the Netherlands.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5220 — Eni/Distrigaz, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Commission opinion of 19 September 2008 concerning the plan for the disposal of radioactive waste from the Flamanville EPR reactor (unit 3), located in France, in accordance with Article 37 of the Euratom Treaty
Date: 2008-09-19
Institutions: European Commission
Subjects: France, nuclear reactor, project evaluation, public health, radioactive effluent, radioactive pollution, radioactive waste, transfrontier pollution, waste management

20.9.2008

EN

Official Journal of the European Union

C 241/7

OPINIONS

COMMISSION

COMMISSION OPINION

of 19 September 2008

concerning the plan for the disposal of radioactive waste from the Flamanville EPR reactor (unit 3),
located in France, in accordance with Article 37 of the Euratom Treaty

(Only the French text is authentic)

(2008/C 241/02)

On 11 February 2008, the European Commission received from the Government of France, in accordance
with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste
from the Flamanville EPR reactor (unit 3).

On the basis of these data and the complementary information provided by French Government representa-
tives at the meeting of the Group of Experts on 28 and 29 May 2008, the Commission has drawn up the
following opinion:

1. the distance between the plant and the nearest point of a neighbouring country, in this case the Channel
Islands (British Crown Dependencies), is 30 km. The distance to the nearest Member States is 120 km for
the United Kingdom and 360 km for Belgium;

2. under normal operating conditions, the discharges of liquid and gaseous effluents are unlikely to cause
an exposure liable to affect the health of the population in another Member State or in a neighbouring
country;

3. solid radioactive waste will be temporarily stored on site before being transferred to disposal facilities
authorised by the French Government. Spent fuel elements will be temporarily stored on site before
being transported to the reprocessing plant at La Hague;

4.

in the event of unplanned releases of radioactive effluents, which may follow an accident of the type and
magnitude considered in the General Data, the doses received in another Member State or in a neigh-
bouring country will not be liable to affect the health of the population.

In conclusion, the Commission is of the opinion that, both in normal operation and in the event of an acci-
dent of the type and magnitude considered in the General Data, the implementation of the plan for the
disposal of radioactive waste from the EPR reactor on the site of the Flamanville nuclear power plant in
France is not liable to result in radioactive contamination of the water, soil or airspace of another Member
State or a neighbouring country.
Non-opposition to a notified concentration (Case COMP/M.5267 — Sun Capital/SCS Group) Text with EEA relevance
Date: 2008-09-19
Institutions: European Commission
Subjects: economic concentration, furniture industry, investment, merger control, restrictive-practice authorisation, retail selling

19.9.2008

EN

Official Journal of the European Union

C 240/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5267 — Sun Capital/SCS Group)

(Text with EEA relevance)

(2008/C 240/01)

On 8 August 2008, 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 (EC)
No 139/2004. The full text of the decision is available only in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32008M5267. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.5308 — Teck Cominco/Fording Canadian Coal Trust)

(Text with EEA relevance)

(2008/C 240/02)

On 12 September 2008, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32008M5308. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Euro exchange rates
Date: 2008-09-19
Institutions: European Commission
Subjects: euro, exchange rate

C 240/2

EN

Official Journal of the European Union

19.9.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

18 September 2008

(2008/C 240/03)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

1,4502

TRY

Turkish lira

151,96

AUD Australian dollar

7,4602

0,79440

9,5995

1,5838

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,8540

1,7961

1,5390

11,2836

2,1449

2,0718

134,64

KRW South Korean won

1 673,53

8,3340

1,9558

23,965

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

242,15

MYR Malaysian ringgit

3,4528

0,7077

3,3449

3,6685

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,275

MXN Mexican peso

11,8592

9,9107

7,1169

13 631,88

5,0315

68,200

36,6129

49,408

2,7169

15,6259

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 928/2008 of 19 September 2008 on the issue of import licences for applications lodged during the first seven days of September 2008 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat originating in Israel
Date: 2008-09-19
Institutions: European Commission
Subjects: Israel, import licence, originating product, poultrymeat, tariff quota

20.9.2008

EN

Official Journal of the European Union

L 252/15

COMMISSION REGULATION (EC) No 928/2008

of 19 September 2008

on the issue of import licences for applications lodged during the first seven days of September
2008 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat originating in
Israel

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1301/2006
of 31 August 2006 laying down common rules for the admi­
nistration of
tariff quotas for agricultural products
managed by a system of import licences (2), and in particular
Article 7(2) thereof,

import

Having regard to Commission Regulation (EC) No 1384/2007
of 26 November 2007 laying down detailed rules for the appli­
cation of Council Regulation (EC) No 2398/96 as regards
opening and providing for
the administration of certain
quotas
into the Community of poultrymeat
products originating in Israel (3), and in particular Article 5(5)
thereof,

imports

for

The applications for import licences lodged during the first
the subperiod from
seven days of September 2008 for
1 October
to quantities
to 31 December 2008 relate
exceeding those available for licences under the quota with
order number 09.4092. The extent to which import licences
may be issued should therefore be determined by establishing
the allocation coefficient
to be applied to the quantities
requested,

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications have been
lodged under Regulation (EC) No 1384/2007 for the subperiod
from 1 October to 31 December 2008 shall be multiplied by
the allocation coefficients set out in the Annex hereto.

This Regulation shall enter into force on 20 September 2008.

Article 2

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

Done at Brussels, 19 September 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 309, 27.11.2007, p. 40.

L 252/16

EN

Official Journal of the European Union

20.9.2008

ANNEX

Group No

Order No

Allocation coefficient for import licence applications lodged for the
subperiod from 1.10.2008-31.12.2008
(%)

IL1

IL2

09.4092

09.4091

10,916897

(1)

(1) Not applicable: no licence application has been sent to the Commission.
Non-opposition to a notified concentration (Case COMP/M.5308 — Teck Cominco/Fording Canadian Coal Trust) Text with EEA relevance
Date: 2008-09-19
Institutions: European Commission
Subjects: coal industry, economic concentration, investment, merger control, metallurgical industry, mining operation, restrictive-practice authorisation

19.9.2008

EN

Official Journal of the European Union

C 240/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5267 — Sun Capital/SCS Group)

(Text with EEA relevance)

(2008/C 240/01)

On 8 August 2008, 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 (EC)
No 139/2004. The full text of the decision is available only in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32008M5267. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.5308 — Teck Cominco/Fording Canadian Coal Trust)

(Text with EEA relevance)

(2008/C 240/02)

On 12 September 2008, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32008M5308. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Commission opinion of 19 September 2008 concerning the amended plan for the disposal of radioactive waste from the Flamanville nuclear power plant (units 1 and 2) in France, in accordance with Article 37 of the Euratom Treaty
Date: 2008-09-19
Institutions: European Commission
Subjects: France, nuclear power station, project evaluation, public health, radioactive effluent, radioactive pollution, radioactive waste, transfrontier pollution, waste management

C 241/8

EN

Official Journal of the European Union

20.9.2008

COMMISSION OPINION

of 19 September 2008

concerning the amended plan for the disposal of radioactive waste from the Flamanville nuclear
power plant (units 1 and 2) in France, in accordance with Article 37 of the Euratom Treaty

(Only the French text is authentic)

(2008/C 241/03)

On 11 February 2008, the European Commission received from the Government of France, in accordance
with Article 37 of the Euratom Treaty, General Data relating to the amended plan for the disposal of radio-
active waste from the Flamanville nuclear power plant (units 1 and 2).

On the basis of these data, and the additional information requested by the Commission and provided by
the French authorities on 9 April 2008, and following consultation with the Group of Experts, the Commis-
sion has drawn up the following opinion:

1. the distance between the plant and the nearest point of a neighbouring country is between 30 km and
45 km for the Channel Islands (British Crown Dependencies). For Member States the distance is 120 km
to the coast of England and 360 km to the Belgian border;

2. the planned changes will involve an overall reduction in the limits for gaseous and liquid discharges,

except for discharges of gaseous and liquid tritium, for which an increase is planned;

3. under normal operating conditions, the planned changes are not liable to cause an exposure liable to

affect the health of the population in other Member States;

4.

in the event of unplanned releases of radioactive effluents, which may follow an accident of the type and
magnitude considered in the original General Data, the planned changes to the fuel management system
will not give rise to doses in other Member States liable to affect the health of the population.

In conclusion, the Commission is of the opinion that, both in normal operating conditions and in the event
of an accident of the magnitude considered in the General Data, the implementation of the amended plan
for the disposal of radioactive waste from the Flamanville nuclear power plant (units 1 and 2) in France is
not liable to result in radioactive contamination of the water, soil or airspace of another Member State.
Commission Regulation (EC) No 922/2008 of 19 September 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-09-19
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

20.9.2008

EN

Official Journal of the European Union

L 252/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 922/2008

of 19 September 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu­
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 20 September 2008.

Article 2

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

Done at Brussels, 19 September 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 252/2

EN

Official Journal of the European Union

20.9.2008

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

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MK
TR
ZZ

EG
MK
TR
ZZ

TR
ZZ

AR
UY
ZA
ZZ

IL
TR
US
ZZ

AR
AU
BR
CL
CN
NZ
US
ZA
ZZ

AR
CN
TR
ZA
ZZ

TR
US
ZZ

IL
TR
XS
ZZ

31,4
68,0
49,7

162,5
43,3
72,1
92,6

95,9
95,9

64,1
71,0
86,3
73,8

248,7
137,9
196,0
194,2

92,1
195,4
74,2
83,7
73,9
122,7
91,3
78,4
101,5

68,9
66,7
131,7
74,4
85,4

122,4
160,3
141,4

131,8
78,6
58,0
89,5

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Prior notification of a concentration (Case COMP/M.5005 — Galp Energia/ExxonMobil Iberia) Text with EEA relevance
Date: 2008-09-19
Institutions: European Commission
Subjects: banking, economic concentration, energy industry, exchange of information, merger control, motor fuel, petroleum exploration

C 240/24

EN

Official Journal of the European Union

19.9.2008

Prior notification of a concentration

(Case COMP/M.5005 — Galp Energia/ExxonMobil Iberia)

(Text with EEA relevance)

(2008/C 240/10)

1.
On 12 September 2008, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Galp Energia, SGPS, SA
(‘Galp Energia’, Portugal) belonging to the Galp Energia group and controlled by Eni SpA (‘Eni’, Italy),
Amorim Energia BV (‘Amorim’, Portugal) and Caixa Geral de Depósitos SA (‘CGD’ Portugal), acquires within
the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings: Esso
Portuguesa Lda. (Portugal), Esso Española SL (Spain) and a part of ExxonMobil Petroleum & Chemical
(Belgium), together ‘Esso Iberia’, wholly owned subsidiaries of ExxonMobil Corporation (‘ExxonMobil’, USA),
by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Galp Energia: exploration and production of crude oil, refining and marketing of petroleum

products,

— for ENI: vertically integrated energy company,

— for Amorim: energy related services,

— for CGD: retail and corporate banking services, investment banking and asset management,

— for ExxonMobil: exploration production and sale of crude oil and natural gas, refining and marketing of

petroleum products and power generation,

— for Esso Iberia: retail and non-retail sales of automotive fuels, jet fuel, bitumen, lubricants and specialties

products in Portugal and Spain.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5005 — Galp Energia/ExxonMobil Iberia, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.