9.4.2011

Official Journal of the European Union

C 111/12

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 16 July 2010 regarding a draft decision relating to Case COMP/38.866 (2) — Animal Feed Phosphates

Rapporteur: Greece

2011/C 111/07

1.	The Advisory Committee agrees with the European Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

2.	The Advisory Committee agrees with the European Commission on the basic amounts of the fines for each addressee of the draft decisions.

3.	The Advisory Committee agrees with the European Commission that there are neither aggravating nor mitigating circumstances applicable in this case for any addressee of the draft decisions.

4.	The Advisory Committee agrees with the European Commission as regards the amounts of reductions of the fines based on the 2002 Commission Notice on immunity from fines and reduction of fines in cartel cases.

5.	The Advisory Committee agrees with the European Commission on the application of the pertinent reduction, under the Settlement Notice, of the amount of the fine of the settling parties.

6.	The Advisory Committee agrees with the European Commission’s assessment on inability to pay.

7.	The Advisory Committee agrees with the European Commission on the final amounts of the fines.

8.	The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.