do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration — (Case COMP/M.5525 — TUI Travel/Oscrivia/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-06-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, provision of services, travel








C_2009133EN.01001501.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/15





Prior notification of a concentration
(Case COMP/M.5525 — TUI Travel/Oscrivia/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 133/12






1.


On 4 June 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 undertakings TUI Travel Holdings (‘TUI Travel’, UK) and Oscrivia Limited (‘Oscrivia’, Cyprus) controlled by S-Group Direct Investment Limited (‘S Group’, Russia) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Voyage Kiev (‘Voyage Kiev’, Ukraine) and VKO Moscow (‘VKO’, Russia) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for TUI Travel: leisure travel products,










—


for Oscrivia: diversified asset holding,










—


for Voyage Kiev: leisure travel products,










—


for VKO: leisure travel products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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 2964301 or 2967244) or by post, under reference number COMP/M.5525 — TUI Travel/Oscrivia/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance)
Date: 2009-06-12
Institutions: European Commission
Subjects: Germany, air transport, airline, disclosure of information, transport regulations








C_2009133EN.01001301.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/13





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2009/C 133/10






Member State


Germany




Concerned route


Hof–Frankfurt




Period of validity of the contract


1 April 2010-31 March 2013




Deadline for submission of tenders


2 months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained







Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie




Prinzregentenstraße 28




80538 München




DEUTSCHLAND




Tel. +49 892162-2392 or +49 892162-2350




Fax +49 892162-2588




e-mail: oststelle@stmwivt.bayern.de




or




dieter.wedemeyer@stmwivt.bayern.de
Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
Date: 2009-06-12
Institutions: European Commission
Subjects: Combined Nomenclature, foreign trade, tariff nomenclature








C_2009133EN.01000101.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/1





Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
2009/C 133/01
Binding Tariff Information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:
Amendments to the Harmonised System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC1377) — report of the 42nd Session of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANISATION

(42nd SESSION OF THE HSC IN SEPTEMBER/OCTOBER 2008)
DOC. NC1377

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention







09.02


M/15




15.02


M/17




Chapter 29 List


M/5




Chapter 38 General Explanatory Note


M/14




38.24


M/14




84.28


M/9




84.51


M/3




84.79


M/3, M/9




85.09


M/3








Classification Opinions approved by the HS Committee







1212.99/1


M/6




2202.90/6


M/7




3824.90/17


M/8




8536.69/1


M/10




9018.90/1


M/11




9503.00/5 (Amendment of the legal basis)


M/12




9504.10/2


M/18




Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, B-1049 Brussels) or can be downloaded from the Internet site of this Directorate-General:
http://ec.europa.eu/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/index_en.htm
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance)
Date: 2009-06-12
Institutions: European Commission
Subjects: Spain, air transport, airline, disclosure of information, transport regulations








C_2009133EN.01001401.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/14





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2009/C 133/11






Member State


Spain




Concerned route


Almería–Sevilla




Period of validity of the contract


30.10.2009-29.10.2013




Deadline for submission of tenders


4 months and half after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained







Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo Area de Explotación




Tel. +34 915977505




Fax +34 915978643




E-mail: mmederos@fomento.es
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 March 2009 regarding a draft decision relating to Case COMP/C.39.402 — RWE Gas Foreclosure — Rapporteur: Sweden
Date: 2009-06-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Sweden, advisory committee (EU), economic concentration, energy production, gas supply, merger control, opinion (EU)








C_2009133EN.01000801.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/8





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 March 2009 regarding a draft decision relating to Case COMP/C.39.402 — RWE Gas Foreclosure
Rapporteur: Sweden
2009/C 133/06






1.


The Advisory Committee shares the Commission's concerns expressed in its draft Decision as communicated to the Advisory Committee on 19 February 2009 under Article 82 of the Treaty and Article 54 of the EEA Agreement.










2.


The majority of the Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. A minority disagrees.










3.


The majority of the Advisory Committee agrees with the Commission that the commitments offered by RWE AG are suitable, necessary and proportionate, in particular with regard to the impact of the current national regulatory regime. A minority disagrees and a minority abstains.










4.


The majority of the Advisory Committee agrees with the Commission that, in light of the commitments offered by RWE AG, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. A minority disagrees.










5.


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










6.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.
Final report of the Hearing Officer in Case COMP/39.402 — RWE Gas Foreclosure
Date: 2009-06-12
Institutions: European Commission
Subjects: Germany, competition law, energy production, gas supply, market-sharing agreement, restriction on competition








C_2009133EN.01000901.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/9





Final report of the Hearing Officer in Case COMP/39.402 — RWE Gas Foreclosure (1)

2009/C 133/07
The draft Decision presented to the Commission under Article 9 of Regulation (EC) No 1/2003 (2) relates to certain practices of RWE. The allegations concern (i) inefficient capacity management of RWE's network and hoarding/understatement of capacity on RWE's network and (ii) margin squeeze.
The Commission opened proceedings with a view to taking a decision under chapter III on 20 April 2007 and adopted a preliminary assessment as referred to in Article 9(1) on 15 October 2008. Ensuing discussions with the Commission services led RWE to submit commitments on 26 November 2008. The commitments essentially consist of the divestiture of RWE's current German gas transmission system business as well as auxiliary equipment and intangible assets necessary for the operation of the transmission network.
On 5 December 2008, the Commission published a notice in the Official Journal of the European Union, pursuant to Article 27(4), summarizing the concerns and the commitments and inviting interested third parties to transmit observations on this notification within one month of its publication. The market test confirmed the appropriateness and proportionality of the proposed commitments. Several comments suggested improvements of technical details. RWE submitted revised commitments on 2 February 2009 which took into account all the suggested improvements.
The Commission has now come to the conclusion that, in view of the commitments proposed by RWE, and without prejudice to Article 9(2), the proceedings should be brought to an end.
On 2 February 2009, RWE has submitted a declaration to the Commission that it has received sufficient access to the information it considered necessary to propose commitments in order to meet the concerns expressed by the Commission.
In the light of the above, I consider that the right to be heard has been respected in this case.

Brussels, 6 March 2009.

Michael ALBERS





(1)  Pursuant to Articles 15 and 16 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.

(2)  In the following, all Articles and chapters referred to are those of Regulation (EC) No 1/2003.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 426th meeting on 13 April 2007 concerning a draft decision relating to Case COMP/C.37.766 — Dutch Beer Market
Date: 2009-06-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Netherlands, advisory committee (EU), alcoholic beverage, beer, economic concentration, merger control, opinion (EU)








C_2009133EN.01000501.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/5











1.


The Advisory Committee agrees with the Commission on the basic amounts of the fines as regards the infringement on the beer market in the Netherlands.










2.


The Advisory Committee agrees with the Commission, as regards the infringement on the beer market in the Netherlands, on the amount of reduction of the fines based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases.










3.


The Advisory Committee agrees with the Commission, as regards the infringement on the beer market in the Netherlands, on the exceptional reduction of the amount of the fines in view of the length of the procedure.










4.


The Advisory Committee agrees with the Commission on the final amounts of the fines for the infringement on the beer market in the Netherlands.










5.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
2009/461/EC: Commission Decision of 12 June 2009 appointing a Commission representative to the Management Board of the European Medicines Agency
Date: 2009-06-12
Institutions: European Commission
Subjects: European Commission, European Medicines Agency, appointment of members








L_2009150EN.01002001.xml










13.6.2009   


EN


Official Journal of the European Union


L 150/20








            COMMISSION DECISION
         
of 12 June 2009
         
appointing a Commission representative to the Management Board of the European Medicines Agency
(2009/461/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 65 thereof,

Whereas:







(1)


Pursuant to Article 65 of Regulation (EC) No 726/2004, the Management Board of the European Medicine Agency (hereinafter ‘the Agency’) is to include two representatives of the Commission.












(2)


Due to the expiry on 2 June 2009 of the current mandate of the Commission representative and alternate from the Directorate-General for Enterprise and Industry, it is necessary to appoint a member of the Management Board of the Agency from the Directorate-General for Enterprise and Industry and an alternate who will replace the member in his/her absence and vote on his/her behalf,





HAS DECIDED AS FOLLOWS:



Article 1
The representative of the Commission to the Management Board of the European Medicines Agency shall be the person occupying the following position and exercising the following functions:






(a)


Director-General of the Directorate-General for Enterprise and Industry.




The alternate representative shall be the person occupying the following position and exercising the following functions:






(b)


Director heading the Directorate which is responsible for the authorisation of medicinal products on the basis of the work program of the Directorate-General for Enterprise and Industry.






Article 2
This Decision shall apply to the persons occupying, including on a temporary basis, the positions referred to in Article 1 at the date of adoption of this Decision, or to any successor of those persons in those positions.


Article 3
The Director-General of the Directorate-General for Enterprise and Industry shall inform the Executive Director of the European Medicines Agency of the names of the persons occupying the positions referred to in Article 1, and any changes thereof.




Done at Brussels, 12 June 2009.


For the Commission

Günter VERHEUGEN
            

Vice-President






(1)  
            OJ L 136, 30.4.2004, p. 1.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 425th meeting on 23 March 2007 concerning a draft decision relating to case COMP/C.37.766 — Dutch Beer Market
Date: 2009-06-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Netherlands, advisory committee (EU), alcoholic beverage, beer, economic concentration, merger control, opinion (EU)








C_2009133EN.01000401.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/4





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 425th meeting on 23 March 2007 concerning a draft decision relating to case COMP/C.37.766 — Dutch Beer Market
2009/C 133/03






1.


The Advisory Committee agrees with the European Commission assessment of the facts as agreements and/or concerted practices within the meaning of Article 81 of the Treaty.










2.


The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous infringement for the time frame in which it existed.










3.


The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have as object a restriction of competition.










4.


The Advisory Committee agrees with the European Commission assessment on the duration of the infringement, as being from 27 February 1996 until 3 November 1999.










5.


The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and concerted practices between the brewers were liable to affect trade between Member States.










6.


The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.










7.


The Advisory Committee agrees with the Commission as regards the lack of evidence of an infringement of the rights of defence that would prevent the finding of an infringement.










8.


The Advisory Committee agrees with the assessment on the nature of the infringement, classifying it as ‘very serious’ by nature.










9.


The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.










10.


The Advisory Committee agrees with the Commission’s reasoning on the basic amount of the fines.










11.


The Advisory Committee agrees with the Commission assessment of the mitigating and aggravating circumstances.










12.


The Advisory Committee agrees with the Commission on the application of the Commission Notice on the non-imposition or reduction of fines in cartel cases.










13.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-06-12
Institutions: European Commission
Subjects: Germany, air transport, airline, disclosure of information, transport regulations








C_2009133EN.01001201.xml










12.6.2009   


EN


Official Journal of the European Union


C 133/12





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2009/C 133/09






Member State


Germany




Concerned route


Hof–Frankfurt




Date of entry into force of the public service obligations


Date of publication of this notice




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained







Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie




Prinzregentenstraße 28




80538 München




DEUTSCHLAND




Tel. +49 892162-2392 or +49 892162-2350




Fax +49 892162-2588




e-mail: oststelle@stmwivt.bayern.de




or




dieter.wedemeyer@stmwivt.bayern.de