do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5433 — Sanacorp/V.D. Linde) Text with EEA relevance
Date: 2009-03-19
Institutions: European Commission
Subjects: Germany, economic concentration, exchange of information, merger control, pharmaceutical product, provision of services

19.3.2009

EN

Official Journal of the European Union

C 64/13

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5433 — Sanacorp/V.D. Linde)

(Text with EEA relevance)

(2009/C 64/03)

On 4 March 2009, 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 German 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 32009M5433. EUR-Lex is the

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

(Case COMP/M.5438 — NBC Universal/De Agostini Communications/IMI Investimenti/Cattleya)

Non-opposition to a notified concentration

(Text with EEA relevance)

(2009/C 64/04)

On 2 March 2009, 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 32009M5438. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Commission Regulation (EC) No 225/2009 of 19 March 2009 on the issue of import licences for applications lodged during the first seven days of March 2009 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2009-03-19
Institutions: European Commission
Subjects: import licence, import policy, originating product, poultrymeat, tariff quota

20.3.2009

EN

Official Journal of the European Union

L 74/3

COMMISSION REGULATION (EC) No 225/2009

of 19 March 2009

on the issue of import licences for applications lodged during the first seven days of March 2009
under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat

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 admin­
istration of
for agricultural products
managed by a system of import licences (2), and in particular
Article 7(2) thereof,

tariff quotas

import

(1)

(2)

Regulation (EC) No 533/2007 opened tariff quotas for
imports of poultrymeat products.

The applications for import licences lodged during the
first seven days of March 2009 for the subperiod from
1 April to 30 June 2009 relate, for some quotas, to
quantities
to
exceeding those available. The
which import licences may be issued should therefore
be determined by establishing the allocation coefficient
to be applied to the quantities requested,

extent

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications have been
lodged under Regulation (EC) No 533/2007 for the subperiod
from 1 April to 30 June 2009 shall be multiplied by the allo­
cation coefficients set out in the Annex to this Regulation.

Having regard to Commission Regulation (EC) No 533/2007 of
14 May 2007 opening and providing for the administration of
tariff quotas in the poultrymeat sector (3), and in particular
Article 5(6) thereof,

This Regulation shall enter into force on 20 March 2009.

Article 2

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

Done at Brussels, 19 March 2009.

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 125, 15.5.2007, p. 9.

L 74/4

EN

Official Journal of the European Union

20.3.2009

ANNEX

Group No

Order No

Allocation coefficient for import licence applications lodged for the subperiod from
1.4.2009-30.6.2009
(%)

P1

P2

P3

P4

09.4067

09.4068

09.4069

09.4070

2,196645

5,952116

0,838911

(1)

(1) Not applied: the applications do not cover the total quantity available.
Euro exchange rates
Date: 2009-03-19
Institutions: European Commission
Subjects: euro, exchange rate

C 64/14

EN

Official Journal of the European Union

19.3.2009

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

18 March 2009

(2009/C 64/05)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

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

Turkish lira

1,3130

AUD Australian dollar

128,94

7,4508

0,93910

10,9630

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9840

1,6563

10,1787

2,4753

2,0004

1,5332

KRW South Korean won

1 859,60

8,8090

1,9558

26,988

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

301,70

3,4528

0,7075

4,5427

4,2965

2,2459

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,9205

8,9740

7,4395

15 677,22

4,8351

63,480

45,1795

47,025

2,9982

18,5133

67,3440

(1) Source: reference exchange rate published by the ECB.
Case C-275/07: Judgment of the Court (First Chamber) of 19 March 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — External Community transit — TIR Carnets — Customs duties — Own resources of the Communities — Making available — Time-limits — Default interest — Accounting rules)
Date: 2009-03-19
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, extra-EU trade, limitation of legal proceedings, marketing, own resources, transport policy








C_2009113EN.01000601.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/6





Judgment of the Court (First Chamber) of 19 March 2009 — Commission of the European Communities v Italian Republic
(Case C-275/07) (1)

(Failure of a Member State to fulfil obligations - External Community transit - TIR Carnets - Customs duties - Own resources of the Communities - Making available - Time-limits - Default interest - Accounting rules)
2009/C 113/10
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: G. Wilms, M. Velardo and D. Recchia, acting as Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia and G. Albenzio, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 8 and 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources (OJ 1989 L 155, p. 1) and Article 6(2)(a) thereof, replaced as from 30 May 2000 by Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources (OJ 2000 L 130, p.1) — Accounting rules — Default interest due for late payment of own resources

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders the Commission of the European Communities to pay the costs.






(1)  OJ C 199, 25.8.2007.
Order of the Court of First Instance of 19 March 2009 — Telecom Italia Media v Commission Case T-96/07 (State aid — Subsidies for the purchase of digital decoders — Telecommunications — Commission decision finding aid to be incompatible with the common market — Decision of the Member State, adopted during the proceedings, not to recover the aid from the undertaking which brought the action for annulment against the Commission decision — No longer any legal interest in bringing proceedings — No need to adjudicate)
Date: 2009-03-19
Institutions: Court of First Instance
Subjects: State aid, action for annulment (EU), audiovisual equipment, broadcasting, financing, high-definition television








C_2009113EN.01003502.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/35





Order of the Court of First Instance of 19 March 2009 — Telecom Italia Media v Commission
Case T-96/07 (1)

(State aid - Subsidies for the purchase of digital decoders - Telecommunications - Commission decision finding aid to be incompatible with the common market - Decision of the Member State, adopted during the proceedings, not to recover the aid from the undertaking which brought the action for annulment against the Commission decision - No longer any legal interest in bringing proceedings - No need to adjudicate)
2009/C 113/72
Language of the case: Italian.

Parties


Applicant: Telecom Italia Media (TI Media) SpA (Rome, Italy) (represented by: F. Bassam and S. Venturini, lawyers)

Defendant: Commission of the European Communities (represented by: E. Righini, G. Conte and B. Martenczuk, Agents)

Intervener in support of the defendant: Sky Italia Srl (Rome, Italy) (represented by: F. González Díaz and D. Gerard, lawyers)

Re:

Action for the annulment of Commission Decision 2007/374/EC of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (OJ 2007 L 147, p. 1)

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


Each party shall bear its own costs.






(1)  OJ C 117, 29.5.2007
Update of model cards issued by the Ministries of Foreign Affairs of Member States to accredited members of diplomatic missions and consular representations and members of their families, as referred to in Article 19(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 247, 13.10.2006, p. 85 ; OJ C 153, 6.7.2007, p. 15 )
Date: 2009-03-19
Institutions: European Commission
Subjects: EU Member State, Schengen Agreement, administrative formalities, diplomatic representation, external border of the EU, identity document, internal border of the EU

C 64/18

EN

Official Journal of the European Union

19.3.2009

Update of model cards issued by the Ministries of Foreign Affairs of Member States to accredited
members of diplomatic missions and consular representations and members of their families, as
referred to in Article 19(2) of Regulation (EC) No 562/2006 of the European Parliament and of the
Council establishing a Community Code on the rules governing the movement of persons across
borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 85; OJ C 153, 6.7.2007, p. 15)

(2009/C 64/07)

The publication of Model cards issued by the Ministries of Foreign Affairs of Member States to accredited
members of diplomatic missions and consular representations and members of their families, as referred to
in Article 19(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of
15 March 2006 establishing a Community Code on the rules governing the movement of persons across
borders (Schengen Borders Code) is based on the information communicated by the Member States to the
commission in conformity with Article 34 of the Schengen Borders Code.

In addition to the publication in the Official Journal, a monthly update is available on the website of Direc-
torate-General for Justice, Freedom and Security.

MALTA

1.

Issued to heads of mission, members of the mission having diplomatic rank and their spouses and their chil-
dren aged between 18 and 21 forming part of their respective households

2.

Issued to administrative and technical staff members of the mission as well as to their spouses and their chil-
dren aged between 18 and 21 forming part of their respective households

19.3.2009

EN

Official Journal of the European Union

C 64/19

3.

Issued to members of international organisations approved by the Government of Malta as well as to their
spouses as well as their children between 18 and 21 forming part of their respective households

4.

Issued to Honorary Consular Officers of foreign countries in Malta

5.

Issued to Maltese Honorary Consuls
Case C-143/08: Judgment of the Court (Eighth Chamber) of 19 March 2009 — Commission of the European Communities v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 2006/73/EC — Failure to transpose within the period prescribed)
Date: 2009-03-19
Institutions: Court of Justice
Subjects: Poland, action for failure to fulfil an obligation, financial instrument, financial legislation, financial market, financial transaction, investment company, national implementing measure, provision of services








C_2009113EN.01001101.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/11





Judgment of the Court (Eighth Chamber) of 19 March 2009 — Commission of the European Communities v Republic of Poland
(Case C-143/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/73/EC - Failure to transpose within the period prescribed)
2009/C 113/20
Language of the case: Polish

Parties


Applicant: Commission of the European Communities (represented by: P. Dejmek and M. Kaduczak, acting as Agents)

Defendant: Republic of Poland (represented by: M. Dowgielewicz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to give effect to Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that directive (OJ 2006 L 241, p. 26)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that directive, the Republic of Poland has failed to fulfil its obligations under that directive;










2.


orders the Republic of Poland to pay the costs.






(1)  OJ C 142, 7.6.2008.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 f of Annex XV of the EEA Agreement (Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises)
Date: 2009-03-19
Institutions: EFTA Surveillance Authority
Subjects: EFTA countries, Norway, State aid, bioenergy, control of State aid, exchange of information, provision of services, small and medium-sized enterprises

C 64/38

EN

Official Journal of the European Union

19.3.2009

Information communicated by the EFTA States regarding State aid granted under the Act referred
to in point 1 f of Annex XV of the EEA Agreement (Commission Regulation (EC) No 70/2001 on
the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized
enterprises)

Aid No

EFTA State

Region

(2009/C 64/11)

Aid to SMEs 1/08

Norway

All regions

Title of aid scheme or name of
company receiving individual aid

The Bioenergy Scheme

Legal basis

Annual Agricultural Agreement, State Budget, Annual Letter of allocation from
The Royal Ministry of Food and Agriculture

Annual expenditure planned under
the scheme or overall amount of indi-
vidual aid granted to the company

Aid scheme

Annual overall amount

Around 15 % of the total
annual budget of
EUR 4,3 million

—

—

—

Yes

Yes

Yes

Yes

Loans guaranteed

Individual aid aid

Overall aid amount

Loans guaranteec

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the
Regulation

Date of implementation

1 January 2008

Duration of scheme or individual aid
award

Until 31 December 2014

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Limited to specific sectors

— Coalmining

All manufacturing

or

Steel

Shipbuilding

Synthetic fibres

Motor vehicles

Other manufacturing

All services

or

Transport services

Financial services

Other services

Name and address of
authority

the granting

Ministry of Agriculture and Food
Postbox 8007
0030 Oslo
NORWAY

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes
Commission Regulation (EC) No 229/2009 of 19 March 2009 on the issue of import licences for applications lodged during the first seven days of March 2009 under the tariff quota opened by Regulation (EC) No 1383/2007 for poultrymeat originating in Turkey
Date: 2009-03-19
Institutions: European Commission
Subjects: Türkiye, import licence, import policy, originating product, poultrymeat, tariff quota

20.3.2009

EN

Official Journal of the European Union

L 74/11

COMMISSION REGULATION (EC) No 229/2009

of 19 March 2009

on the issue of import licences for applications lodged during the first seven days of March 2009
under the tariff quota opened by Regulation (EC) No 1383/2007 for poultrymeat originating in
Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 1383/2007
of 26 November 2007 laying down detailed rules for the appli­
cation of Council Regulation (EC) No 779/98 as
regards
opening and providing for
the administration of certain
into the Community of poultrymeat
quotas
particular
products
Article 5(5) thereof,

imports
originating

Turkey (2),

and

for

in

in

The applications for import licences lodged during the
first seven days of March 2009 for the subperiod from
1 April to 30 June 2009 do not cover the quantities
available. The quantities for which applications have
not been lodged should therefore be determined and
these should be added to the quantity fixed for the
following quota subperiod,

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications pursuant to
Regulation (EC) No 1383/2007 under the quota with order
number 09.4103 have not been lodged, to be added to the
subperiod from 1 July to 30 September 2009,
shall be
500 000 kg.

Whereas:

(1)

Regulation (EC) No 1383/2007 opened tariff quotas for
imports of poultrymeat products.

This Regulation shall enter into force on 20 March 2009.

Article 2

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

Done at Brussels, 19 March 2009.

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 309, 27.11.2007, p. 34.
Prior notification of a concentration (Case COMP/M.5477 — Votorantim/Aracruz) Text with EEA relevance
Date: 2009-03-19
Institutions: European Commission
Subjects: building materials, chemistry, economic concentration, energy production, exchange of information, financial services, merger control, metalworking, mining operation, pulp and paper industry

19.3.2009

EN

Official Journal of the European Union

C 64/41

Prior notification of a concentration

(Case COMP/M.5477 — Votorantim/Aracruz)

(Text with EEA relevance)

(2009/C 64/14)

1.
On 12 March 2009, 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 Votorantim Group
(‘Votorantim’, Brazil) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control
of the whole of the undertaking Aracruz Celulose S.A. (‘Aracruz’, Brazil) currently jointly controlled by the
Votorantim Group, Arapar and Arainvest, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for the Votorantim Group: cement and concrete, mining and metallurgy (aluminum, steel, nickel and
zinc), pulp and paper, concentrated orange juice, chemical specialty markets, generation of electric power
and the financial sector activities,

— for Aracruz: production of pulp and paper.

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 22964301 or 2967244) or by post, under refer-
ence number COMP/M.5477 — Votorantim/Aracruz, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
1049 Brussels
BELGIQUE/BELGIË

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