Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 (1) on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(2007/C 66/01)

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006. Statements of objection must reach the Commission within six months from the date of this publication.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘TŘEBOŇSKÝ KAPR’

EC No: CZ/PGI/0377/18.10.2004

PDO ( ) PGI ( X )

This summary sets out the main elements of the product specification for information purposes.

1.   Responsible Department in the Member State:

2.   Group:

This application derogates from Article 5(1) of Council Regulation (EC) No 510/2006 on account of the fact that there is only one producer in the area. The requirements laid down in Article 1 of Commission Regulation (EEC) No 2037/93 (2) are fulfilled.

3.   Type of product:

Class 1.7 — Fresh fish and products derived therefrom.

4.   Specification:

(summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

4.1.   Name: ‘Třeboňský kapr’

4.2.   Description: ‘Třeboňský kapr ’is classified under the species ‘common carp’. No specific strain or crosses of this species are essential in order to achieve the final characteristics of the product.

‘Třeboňský kapr ’is reared in fishponds in the defined area, i.e. reproduction, rearing and farming must take place in this area. Processing need not be carried out in the defined area.

The back of the ‘Třeboňský kapr ’is dark green, grey or grey-blue, the sides are yellow-green to golden and the belly is yellow-white. The dorsal and caudal fins are grey, the caudal and anal fins have a reddish tinge, and the pectoral and pelvic fins are yellowish or reddish. The body of the ‘Třeboňský kapr ’is distinguished by its high back. ‘Třeboňský kapr ’grows to a size of up to 1 m and a weight of 20 kg or more. Its optimum slaughter weight is 1,20–1,80 kg at three years of age and 2,40–3,20 kg at four years of age.

Specification of ‘Třeboňský kapr ’meat: dry matter 23 %, protein 19,2 %, fat 2,6 %.

As regards its organoleptic properties, ‘Třeboňský kapr ’is distinguished by its high-quality meat with a very low fat content. The taste of the meat is delicate with the typical fish taste of Třeboňský kapr. The taste is distinctive and typical as a result of the high-quality, clean water in which the fish are reared in the defined area, the impact of natural and geographical conditions on the rearing of the carp, the influence of the specific subsoil of the Třeboň basin and, above all, the predominantly natural planktonic nutrients in the water in the specified area, combined with supplementary feed. The supplementary feed consists of cereals.

‘Třeboňský kapr ’is placed on the market either live or processed, i.e. frozen, chilled (fresh), smoked or marinaded in the following forms: whole gutted carp, carp divided into halves or portions, fillets and carp offal.

4.3.   Geographical area: The area defined for rearing ‘Třeboňský kapr ’comprises fishponds located in the Třeboň basin in the Třeboňsko Protected Landscape Area; the ponds form a system interconnected by the Zlatá stoka and associated watercourses.

4.4.   Proof of origin: The actual production of ‘Třeboňský kapr’, from stripping to rearing, farming and processing, takes place in the defined area, in accordance with the certified quality control system ISO 9001:2001 and is controlled by the HACCP (Hazard Analysis and Critical Control Point) system. Checks on the specification are carried out by the State Veterinary Administration.

Under this system, Regional Veterinary Administration staffs are present when the fish is harvested and sold from the tanks, where they check on the state of health, appearance and quality of the fish. In addition, under the monitoring plan established, at fixed intervals during the year, Regional Veterinary Administration staffs take samples of fish from individual holdings and carry out tests and analyses in accredited laboratories. The tests and analyses cover the state of health of the fish, the wholesomeness and the quality of the meat. Random checks are performed and samples are taken also at the time when the fish are stripped.

The breeder enters any movements of fish on the farm in the requisite records. The records show both the stocking stages and all movements and harvesting of fish. Accounting records of fish sales show the units of volume of the fish sold and identify customers. The customers are recorded in the accounting system.

4.5.   Method of production: Future brood fish for the breeding of ‘Třeboňský kapr ’are always reared from the progeny of known parents whose exterior (bodily proportions, type of scales and colour) corresponds to the required standard.

During the rearing of young brood fish in the defined area, a selection process is carried out, when attention is focused on the weight attained, the type of scaling and state of health. Young fish and brood fish are always handled as little as possible.

For reproduction of carp a method of stripping is used in a controlled environment at a fish hatchery in the defined area, where the quality of the environment and water is guaranteed.

Development of the embryo in the egg takes place in special apparatus. The carp yolk-sac larvae are stocked in special nursery ponds, again in the defined area. During this development, ‘Třeboňský kapr ’live off natural food (plankton and benthos) and they are partially fed with a supplement comprising a mixture of cereal meal containing no additives. The carp fry in these fishponds are left to grow for one to two years and are then transferred to larger fishponds, where they grow to market size in one to two years. In this phase the carp live off two-thirds natural food and one-third supplementary cereal feed. Feeding has a direct effect on the formation and quality of the meat and thus on the overall utility value of ‘Třeboňský kapr’. The supplementary feeding of stock is adjusted in accordance with the water temperature and the extent to which the water is saturated with oxygen. The intensity of the intake of the supplementary feed by the carp stock is naturally also monitored, as are the growth and state of health of the fish. These facts are established by means of a regular check on feeding points and test catches.

Handling ponds consisting of smaller water tanks through which water from the defined area flows are used to store market fish after they have been caught. In the storage ponds, the muddy taste of the fish is eliminated and the meat acquires more value and taste as a result of the clean running water. After harvesting and standard processing, the product undergoes further processing, such as chilling, freezing, smoking and marinading.

4.6.   Link: The defined area has a specific climate as a result of its position and geomorphology, a large part of which comprises water bodies; all of this favourably influences the weight growth of the fish. The geographical area is ecologically clean, without substantial industrial and municipal sources of pollution in the Třeboňsko Protected Landscape Area, which has a positive effect on the state of health of the fish. The system of fishponds interconnected by the Zlatá stoka is a unique water scheme dating back more than 300 years, the structure and role of which make it unrivalled not only in Europe but also in the world as a whole, and it comprises a specific biotope with established distinctive properties which influence the properties of the product. This area brings together excellent conditions for the creation of plankton and natural carp feed with a high nutrient content, towards which the specific climatic and geological conditions also contribute, as described below. All the above-mentioned facts create a causal link between the defined geographical area and the final characteristics of the product (see 4.2).

‘Třeboňský kapr ’is mentioned in the history of past centuries, when trade routes led to Passau and Vienna.

The tradition of rearing carp in the Czech lands goes back almost a thousand years. Separate carp rearing according to age and the first foundations of the selection of brood carp were mentioned by Dubravius in the 16th century, when fishpond management was more advanced in Třeboňsko than anywhere else. In 1506 Štěpánek Netolický drew up a proposal for a fishpond system in the Třeboň basin. Its fulcrum became the Zlatá stoka which, along its 48 km length, feeds a large number of fishponds between Chlum u Třeboně and Veselí nad Lužnicí with water from the River Lužnice. References to the breeding of ‘Třeboňský kapr ’appear in many publications, e.g. ‘Atlas kaprů chovaných v ČR ’(Atlas of carp bred in the CR) by J. Pokorný or ‘Pět století rybničního hospodářství v Třeboni ’(Five centuries of fish farming in Třebon) by J. Šusta.

The designation ‘Třeboňský kapr ’has been used continuously for over 100 years to designate fish with specific properties. It has been protected since 1974 as Czech designation of origin No 54 ‘Třeboňský kapr ’(Wittingauer Karpfen) and also as international designation of origin ‘Třeboňský kapr ’(Wittingauer Karpfen), protected by international records on the basis of the Lisbon Agreement (No 53 of 22 November 1967 and No 836 of 6 December 2000). In addition, protection of the designation ‘Třeboňský kapr ’is the subject of bilateral agreements concluded between the Czech Republic and Austria, Portugal and Switzerland on the protection of designations of origin.

The special character, quality and taste parameters of ‘Třeboňský kapr ’are determined predominantly by the rearing and nutrition of the fish in the defined geographical area, which has the following specifications:

Character, specific features and status of the region: The ingenious network of man-made channels and artificial fishponds, built in a number of stages between the Middle Ages and the present day, represents a perfect system of gradual, coordinated landscape changes, which use and exploit the local natural conditions in a sensitive manner.

The extensive valley bogs, with well-preserved plant communities and dependent invertebrate fauna, are among the most valuable biotopes, which are in many cases unique not only in Bohemia, but also in the whole of Europe. Other no less valuable elements are the extensive fishpond systems with secondarily formed littoral communities, which often replace the original wetland biotopes.

Geology: A significant part of Třeboňsko is formed by the geomorphological complex of the Třeboň basin and, in particular, in the western sedimentary part by the flat land of the Lomnický basin and in the eastern part on the crystalline subsoil by the Kardašořečická pahorkatina uplands. The Třeboň basin is slightly cambered from south to north.

Climate: In general, the climate of Třeboňsko, particularly in the basin areas, is to a certain extent specific and differs from the surrounding areas as a result of the position and geomorphology of the land and the fact that it largely consists of water bodies. The average annual temperature is higher than one would expect at such an altitude and the actual number of hours of sunshine is greater. Heavy showers often occur in the summer period. A characteristic feature of the Třeboň basin is the frequent occurrence of inversions with no wind, when there are, particularly in the colder part of the year, longer periods with stagnation of the air masses in the basin. There is also frequent fog in these situations. The adverse influence of these inversions along with inadequate ventilation fortunately does not have a strong impact on air pollution in Třeboňsko, as there are very few sources of emissions.

Protected countryside area: In Třeboňsko there are two areas (comprising a great number of sites) that are included in the list of Wetlands of International Importance protected by the Ramsar Convention.

Further proof of the specificity of the area's ecosystem lies in the fact that Třeboňsko has for a number of years been classified by Birdlife International as a European Important Bird Area (IBA). Třeboňsko has also been declared a NATURA 2000 protected site (SPA and SAC).

All those features make up the specific biome of the region, with its clean environment, water and air, so that the rearing of ‘Třeboňský kapr ’in the defined area has all the hallmarks of an ecologically pure process. On account of the above-mentioned natural parameters, the conditions in the area defined are particularly suited to the generation of natural carp food.

4.7.   Inspection body:

4.8.   Labelling: The designation ‘Třeboňský kapr ’is used for the purposes of marketing live fish, so that where wholesale supplies of fish are delivered in transport tanks and by motor vehicle, the name appears on the invoices, delivery notes and shipping documents and may appear on the tank or on the motor vehicle. In the case of retail supplies, i.e. sales of fish in shops and at stalls, the vendor is obliged to display at the point of sale a prominent notice bearing the words ‘Třeboňský kapr’.

In the case of processed fish, the designation ‘Třeboňský kapr ’is indicated prominently on the packaging.

(1)  OJ L 93, 31.3.2006, p. 12.

(2)  OJ L 185, 28.7.1993, p. 5.

Euro exchange rates (1)

21 March 2007

(2007/C 66/02)

1 euro=

(1)  

Source: reference exchange rate published by the ECB.

WITHDRAWAL OF OBSOLETE COMMISSION PROPOSALS

(2007/C 66/03)

List of proposals withdrawn

(1)  For certain proposals no data for OJ publication are available.

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1)  (2)

(Text with EEA relevance)

(2007/C 66/04)

FRANCE

Operating licences granted

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Operating licences revoked

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Change of name of license holder

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

(1)  OJ L 240, 24.8.1992, p. 1.

(2)  Communicated to the European Commission before 31.8.2005.

Information communicated by Member States regarding State aid granted under 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

(Text with EEA relevance)

(2007/C 66/05)

Notice of initiation of a partial interim review of the antidumping measures applicable to imports of certain iron or steel ropes and cables originating in Thailand

(2007/C 66/06)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1).

1.   Request for review

The request was lodged by Usha Siam Steel Industries Public Company Limited (‘the applicant’), an exporter from Thailand.

The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product

The product under review is iron or steel ropes and cables, including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, with fittings attached or not originating in Thailand (‘the product concerned’), currently classifiable within CN codes 7312 10 81, 7312 10 83, 7312 10 85 and 7312 10 89 and 7312 10 98. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1601/2001 (2) on imports of certain iron or steel ropes and cables originating in Thailand.

A notice of initiation of an expiry review of the anti-dumping measures applicable to imports of the product concerned originating, inter alia, in Thailand was published on 3 August 2006 (3). This review is still on-going.

4.   Grounds for the review

The request pursuant to Article 11(3) is based on the prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were established have changed and that these changes are of a lasting nature.

The applicant alleges and provides prima facie evidence that a comparison between its own costs and domestic prices and its export prices would lead to a reduction of dumping significantly below the level of the current measures. The applicant alleges that this has led to a reduction or elimination of dumping. Therefore the continued imposition of measures at the existing levels, which were based on the level of injury previously established is no longer necessary to offset dumping.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant.

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from other exporting producers of the product concerned as set out in Article 1 of Regulation (EC) No 1601/2001.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a).

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(b).

6.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-co-operation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17.).

(2)  OJ L 211, 4.8.2001, p. 1.

(3)  OJ C 181, 3.8.2006, p. 15.

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

Notice of initiation of a partial interim review of the antidumping measures applicable to imports of recordable compact disks originating in Taiwan and of a partial interim review of the countervailing measures applicable to imports of recordable compact disks originating in India

(2007/C 66/07)

The Commission has decided on its own initiative to initiate a partial interim review of the antidumping measures applicable to imports of recordable compact disks originating in Taiwan pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic anti-dumping Regulation’) (1) and a partial interim review of the countervailing measures applicable to imports of recordable compact disks originating in India pursuant to Article 19 of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Community (‘the basic anti-subsidy Regulation’) (2).

The reviews are limited to the examination of whether or not the continued imposition of the measures is not against the Community interest.

1.   Product

The product under review is recordable compact disks (CD-Rs) originating in Taiwan and India (‘the product concerned’), currently classifiable within CN code ex 8523 40 11. This CN code is given only for information.

2.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1050/2002 (3) on imports of recordable compact disks originating in Taiwan and a definitive countervailing duty imposed by Council Regulation (EC) No 960/2003 (4) on imports of recordable compact disks originating in India.

3.   Grounds for the review

The information at the Commission's disposal indicates that, due to changes in the Community market since the investigation periods used in the investigations that led to the imposition of the existing measures, the continued imposition of the measures may no longer be in the Community interest. In particular, the Commission concluded in its anti-dumping investigation concerning imports of CD-Rs from the People's Republic of China, Hong Kong and Malaysia, that it would not be in the Community interest to impose measures on imports from those countries (5). In these circumstances, it is appropriate to review the need for the continued imposition of the existing measures, with the decision thereon possibly having retroactive effect as of 4 November 2006, i.e. the date of publication of the Decision terminating the anti-dumping investigation on imports of CD-Rs from the People's Republic of China, Hong Kong and Malaysia.

4.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of partial interim reviews, the Commission hereby initiates a review of the anti-dumping measures applicable to imports of recordable compact disks originating in Taiwan in accordance with Article 11(3) of the basic anti-dumping Regulation and a review of the countervailing measures applicable to imports of recordable compact disks originating in India in accordance with Article 19 of the basic anti-subsidy Regulation, both limited in scope to the examination of the Community interest.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community producers, to the importers, and to the users. This information and supporting evidence should reach the Commission within the time limit set in point 5(a).

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 5(b).

5.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

6.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited  (6)’and, in accordance with Article 19(2) of the basic anti-dumping Regulation and Article 29(2) of the basic anti-subsidy Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

7.   Non-co-operation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

8.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic anti-dumping Regulation and Article 22 of the basic anti-subsidy Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17.).

(2)  OJ L 288, 21.10.97, p. 1, as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3)  OJ L 160, 18.6.2002, p. 2.

(4)  OJ L 138, 5.6.2003, p. 1.

(5)  See recital 116 of Commission Decision 2006/753/EC (OJ L 305, 4.11.2006, p. 15).

(6)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic anti-dumping Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement) or pursuant to Article 29 of the basic anti-subsidy Regulation and Article 12 of they WTO Agreement on Subsidies and Countervailing Measures.

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.140 — DaimlerChrysler

(2007/C 66/08)

1.   INTRODUCTION

According to Article 9 of Council Regulation (EC) No 1/2003 (1), in cases where the Commission intends to adopt a decision requiring that an infringement is brought to an end, and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment, the Commission may decide to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

The present case relates to DaimlerChrysler's provision of technical repair information for its Mercedes-Benz and Smart brands to independent repairers. The Commission's investigation showed that DaimlerChrysler might have failed to release certain categories of this technical repair information well after the end of the transitional period provided for in Council Regulation (EC) No 1400/2002 (2). Moreover, at the time that the Commission's investigation was launched, DaimlerChrysler had, in the Commission's preliminary assessment, still not put in place an effective system to allow independent repairers to have access to this technical repair information in an unbundled manner. Although DaimlerChrysler improved the accessibility of its technical information over the course of the Commission investigation, notably by setting up a website (‘the TI website’) in June 2005 designed for that purpose, the information made available to independent repairers seemed to be still incomplete.

In December 2006, the Commission opened proceedings, and addressed a preliminary assessment to DaimlerChrysler, which contained the preliminary view that DaimlerChrysler's agreements with its Mercedes-Benz and Smart after-sales service partners raised concerns as to their compatibility with Article 81(1) of the EC Treaty.

In essence, these agreements require the members of the authorised Mercedes-Benz and Smart networks to carry out a full range of brand-specific repair services, and foreclose firms who wish to offer a different and/ or more targeted service, as well as stand-alone spare parts wholesalers. The Commission was concerned that the possible negative effects stemming from such agreements could be strengthened by DaimlerChrysler's failure to provide independent repairers with appropriate access to technical information. On the basis of the Commission's preliminary analysis, such a practice might have contributed to a decline in the market position of independent repairers, which could have led to a shrinking market for independent spare parts wholesalers, and might have caused considerable consumer harm in terms of a significant reduction in choice of spare parts, higher prices for repair services, a reduction in choice of repair outlets, potential safety issues, and a lack of access to innovative repair shops.

Moreover, DaimlerChrysler's alleged failure to provide independent repairers with appropriate access to technical information appears to prevent the agreements with its after-sales service partners from benefiting from the exemption granted by Regulation (EC) No 1400/2002, since according to Article 4(2) of the regulation, the exemption granted therein does not apply where the supplier of motor vehicles refuses to give independent operators access to any technical information, diagnostic and other equipment, tools, including any relevant software, or training required for the repair and maintenance of these motor vehicles.

Finally, the Commission came to the preliminary view that in the context of lack of access to technical repair information, the agreements between DaimlerChrysler and its authorised repairers were unlikely to benefit from the provision of Article 81(3). In essence, the efficiency gains that might be expected to stem from the operation of a selected network of authorised repairers did not appear to offset the significant negative effects on competition resulting from the currently inadequate access to brand-specific technical repair information given to independent operators and the ensuing protection of DaimlerChrysler's authorised networks from competitive pressure exercised by the independent repair sector.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

DaimlerChrysler has offered commitments to the Commission in order to meet the competition concerns addressed in the preliminary assessment. It proposes that these commitments should remain in force until 31 May, 2010. The commitments are briefly summarised below and are published in English on the website of the Directorate-General for Competition: http://ec.europa.eu/comm/competition/index_en.html.

3.1   Technical information to be provided

The principle determining the scope of the information to be provided is that of non-discrimination between independent and authorised repairers. In this light, DaimlerChrysler will ensure that all Technical Information, tools, equipment, software and training required for the repair and maintenance of its vehicles which is provided to authorised repairers and /or independent importers of its Mercedes-Benz and Smart brands in any EU Member State by or on behalf of DaimlerChrysler is also made available to independent repairers.

‘Technical Information ’within the meaning of Article 4(2) of Regulation (EC) No 1400/2002 includes all information provided to authorised repairers for the repair or maintenance of Mercedes-Benz and Smart motor vehicles. Particular examples include software, fault codes and other parameters, together with updates, which are required to work on electronic control units (ECUs) with a view to introducing or restoring settings recommended by DaimlerChrysler, vehicle identification methods, parts catalogues, working solutions resulting from practical experience and relating to problems typically affecting a given model or batch, and recall notices as well as other notices identifying repairs that may be carried out without charge within the authorised repair network.

Access to tools includes access to electronic diagnostic and other repair tools, together with related software, including periodic updates thereof, and after-sales services for such tools.

The proposed commitments will bind DaimlerChrysler and its connected undertakings but will not be directly binding on independent importers of the Mercedes-Benz and Smart brands.

DaimlerChrysler has therefore agreed that in those Member States in which DaimlerChrysler distributes Mercedes-Benz and/ or Smart vehicles via independent importers, it will make its best efforts to contractually oblige these undertakings to make available to independent repairers free of charge and in a non-discriminatory way through their national commercial websites any given piece of Technical Information or language version of such information that the importer in question has provided to authorised repairers in the Member State for which it has been appointed and that is not available to independent repairers on the TI website.

According to recital 26 of the Regulation, DaimlerChrysler is not obliged to provide independent repairers with Technical Information that would enable a third party to bypass or disarm on-board anti-theft devices and/or recalibrate (3) electronic devices, or to tamper with devices which limit a vehicle's performance. As with any exception under EU law, recital 26 is to be interpreted narrowly, and if DaimlerChrysler were to invoke this exception as a reason for withholding any Technical Information from independent repairers, it has committed itself to ensure that the information withheld is limited to that necessary to provide the protection described in recital 26, and that the lack of the information in question does not prevent independent repairers from carrying out operations other than those listed in recital 26, including work on devices such as engine management ECUs, airbags, seatbelt pre-tensioners, or central locking elements.

3.2   Media

Article 4(2) of the Regulation provides that technical information must be made available in a way that is proportionate to independent repairers' needs. This implies both unbundling of information and pricing that takes account of the extent to which independent repairers use the information

DaimlerChrysler will include on the TI website all Technical Information relating to models launched after 1996, and will ensure that all updated Technical Information is on the TI website or on any successor site at all times. However, if certain items of Technical Information relating to models launched after 1996 or language versions thereof that DaimlerChrysler or its connected undertakings provides to authorised repairers in a given Member State are not available on the TI website, DaimlerChrysler shall be deemed to have complied with the commitments in this respect if it has made the items in question available without undue delay and free of charge to independent repairers on its commercial website in the Member State in question.

DaimlerChrysler will at all times ensure that the TI website may be easily located and provides an equivalent level of performance to the methods used for providing Technical Information to members of its authorised networks. When DaimlerChrysler or another undertaking acting on DaimlerChrysler's behalf makes a piece of Technical Information available to authorised repairers in a particular EU language, DaimlerChrysler will ensure that this language version of the information is placed on the TI website without undue delay.

DaimlerChrysler has set the yearly access fees for the TI website at EUR 1 254 (EUR 1 239 for access to the main section known as WIS net; the electronic parts catalogue net is free of charge except for a yearly contribution towards administrative expenses of EUR 15). However, in order to respect the proportionality requirement laid down in the Regulation, DaimlerChrysler agrees to provide for a pro rata breakdown for WIS net access into monthly, weekly, daily, and hourly time windows at a price of EUR 180, EUR 70, EUR 20, and EUR 4, respectively. DaimlerChrysler agrees to maintain this access fee structure, and not to increase fee levels above the average inflation rate within the EU.

3.3   Minimum standards principle

DaimlerChrysler's commitments are without prejudice to any current or future requirement established by Community or national law which might extend the scope of the technical information that DaimlerChrysler is to provide to independent operators and/or might set out more favourable ways for such information to be provided.

3.4   Dispute resolution

If an independent repairer or association of such repairers so requests, DaimlerChrysler commits itself to accept arbitration for settling disputes relating to the provision of Technical Information. This arbitration shall be governed by the national rules of arbitration and the substantive law that DaimlerChrysler has contractually agreed upon with its authorised repairers in the Member State where the requesting party is located. DaimlerChrysler commits itself to provide information on these rules upon request. The arbitral tribunal shall consist of three arbitrators appointed in accordance with these Rules. Arbitration will not prejudice any right to file an application with the competent national court.

4.   INVITATION TO MAKE COMMENTS

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet on the web-site of the Directorate-General for Competition (4) to be binding. In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Observations can be sent to the Commission by e-mail to comp-infotech@ec.europa.eu, by fax (No (32-2) 296 29 11) or by post, under reference number COMP/39.140 — DaimlerChrysler, to the following address:

In the subsequent course of the proceedings it may become necessary or appropriate to make available a summary of the comments following the publication of this notice to the parties offering the commitments. In this respect we kindly ask you to identify any confidential information or business secrets. Legitimate requests will be respected.

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  OJ L 203, 1.8.2002, p. 30.

(3)  I.e. to modify the original settings of an ECU in a way not recommended by DaimlerChrysler.

(4)  http://ec.europa.eu/comm/competition/index_en.html

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.141 — Fiat

(2007/C 66/09)

1.   INTRODUCTION

According to Article 9 of Council Regulation (EC) No 1/2003 (1), in cases where the Commission intends to adopt a decision requiring that an infringement is brought to an end, and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment, the Commission may decide to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

The present case relates to Fiat's provision of technical repair information to independent repairers. The Commission's investigation showed that Fiat might have failed to release certain categories of technical repair information well after the end of the transitional period provided for in Council Regulation (EC) No 1400/2002 (2). Moreover, at the time that the Commission's investigation was launched, Fiat had, in the Commission's preliminary assessment, still not put in place an effective system to allow independent repairers to have access to technical repair information in an unbundled manner. Although Fiat improved the accessibility of its technical information over the course of the Commission investigation, notably by setting up a website (‘the TI website’) in June 2005 designed for that purpose, the information made available to independent repairers seemed to be still incomplete.

In December 2006, the Commission opened proceedings, and addressed a preliminary assessment to Fiat, containing the preliminary view that Fiat's agreements with its after-sales service partners raised concerns as to their compatibility with Article 81(1) of the EC Treaty.

In essence, Fiat's service and parts distribution agreements require the members of its authorised networks to carry out a full range of brand-specific repair services, and foreclose firms who wish to offer a different and/ or more targeted service, as well as stand-alone spare parts wholesalers. The Commission was concerned that the possible negative effects stemming from such agreements could be strengthened by Fiat's failure to provide independent repairers with appropriate access to technical information. On the basis of the Commission's preliminary analysis, such a practice might have contributed to a decline in the market position of independent repairers, which could have led to a shrinking market for independent spare parts wholesalers, and might have caused considerable consumer harm in terms of a significant reduction in choice of spare parts, higher prices for repair services, a reduction in choice of repair outlets, potential safety issues, and a lack of access to innovative repair shops.

Moreover, Fiat's alleged failure to provide independent repairers with appropriate access to technical information appears to prevent the agreements with its after-sales service partners from benefiting from the exemption granted by Regulation (EC) No 1400/2002, since according to Article 4(2) of the regulation, the exemption granted therein does not apply where the supplier of motor vehicles refuses to give independent operators access to any technical information, diagnostic and other equipment, tools, including any relevant software, or training required for the repair and maintenance of these motor vehicles.

Finally, the Commission came to the preliminary view that in the context of lack of access to technical repair information, the agreements between Fiat and its authorised repairers are unlikely to benefit from the provision of Article 81(3). In essence, the efficiency gains that might be expected to stem from the operation of a selected network of authorised repairers do not appear to offset the significant negative effects on competition resulting from the currently inadequate access to brand-specific technical repair information given to independent operators and the ensuing protection of Fiat's authorised networks from competitive pressure exercised by the independent repair sector.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

Fiat has offered commitments to the Commission in order to meet the competition concerns addressed in the preliminary assessment. It proposes that these commitments should remain in force until 31 May, 2010. What follows describes their main elements.

3.1   Technical information to be provided

The principle determining the scope of the information to be provided is that of non-discrimination between independent and authorised repairers. In this light, Fiat will ensure that all Technical Information, tools, equipment, software and training required for the repair and maintenance of its vehicles which is provided to authorised repairers and /or independent importers in any EU Member State by or on behalf of Fiat is also made available to independent repairers.

‘Technical Information ’within the meaning of Article 4(2) of Regulation (EC) No 1400/2002 includes all information provided to authorised repairers for the repair or maintenance of Fiat, Alfa Romeo and Lancia motor vehicles. Particular examples include software, fault codes and other parameters, together with updates, which are required to work on electronic control units (ECUs) with a view to introducing or restoring settings recommended by Fiat, vehicle identification methods, parts catalogues, working solutions resulting from practical experience and relating to problems typically affecting a given model or batch, and recall notices as well as other notices identifying repairs that may be carried out without charge within the authorised repair network.

Access to tools includes access to electronic diagnostic and other repair tools, together with related software, including periodic updates thereof, and after-sales services for such tools.

The proposed commitments will bind Fiat and its connected undertakings but will not be directly binding on independent importers of Fiat's vehicle brands. In those Member States in which Fiat distributes Fiat, Alfa Romeo and/or Lancia vehicles via independent importers, Fiat has therefore agreed to make its best efforts to contractually oblige these undertakings to supply Fiat with any Technical Information or language versions of Technical Information that they have provided to authorised repairers in the Member State concerned. Fiat commits itself to place this Technical Information or language versions on its TI website without delay, in accordance with the principles set out in Section 3.2 of this Notice.

According to recital 26 of the Regulation, Fiat is not obliged to provide independent repairers with Technical Information that would enable a third party to bypass or disarm on-board anti-theft devices and/or recalibrate (3) electronic devices, or to tamper with devices which limit a vehicle's performance. As with any exception under EU law, recital 26 is to be interpreted narrowly, and if Fiat were to invoke this exception as a reason for withholding any Technical Information from independent repairers, it has committed itself to ensure that the information withheld is limited to that necessary to provide the protection described in recital 26, and that the lack of the information in question does not prevent independent repairers from carrying out operations other than those listed in recital 26, including work on devices such as engine management ECUs, airbags, seatbelt pre-tensioners, or central locking elements.

3.2   Media

Article 4(2) of the Regulation provides that technical information must be made available in a way that is proportionate to independent repairers' needs. This implies both unbundling of information and pricing that takes account of the extent to which independent repairers use the information

Fiat will include on the TI website all Technical Information relating to models launched after 1996, and will ensure that all updated Technical Information is on the TI website or on any successor site at all times. Moreover, Fiat will at all times ensure that the website may be easily located and provides an equivalent level of performance to the methods used for providing Technical Information to members of its authorised networks. When Fiat or another undertaking acting on Fiat's behalf makes a piece of Technical Information available to authorised repairers in a particular EU language, Fiat will ensure that this language version of the information is placed on the TI website without delay.

The following three categories of Technical Information are not yet on the TI website, but Fiat has committed itself to place them there by 31 December 2007:

Fiat's access fee structure for the site will be based on the cost of a yearly subscription to the full bundle of the CD-ROMs that it provides to its authorised repairers; namely EUR 3 356, plus EUR 65 for the parts catalogue and an additional monthly subscription fee of EUR 134 for updates. However, in order to respect the proportionality requirement laid down in the Regulation, Fiat agrees to provide for a pro rata breakdown into monthly, daily, and hourly time windows at a price for each brand of EUR 3 per hour, EUR 22 per day and EUR 350 per month. Fiat agrees to maintain this access fee structure, and not to increase fee levels above the average inflation rate within the EU.

3.3   Minimum standards principle

fiat's commitments are without prejudice to any current or future requirement established by Community or national law which might extend the scope of the technical information that Fiat is to provide to independent operators and/or might set out more favourable ways for such information to be provided.

3.4   Dispute resolution

If an independent repairer or association of such repairers so requests, Fiat commits itself to accept a mediation mechanism for settling disputes relating to the provision of Technical Information. The mediation will take place in the Member State where the requesting party's registered seat is located under the rules of a recognised local mediation centre. Mediation will not prejudice any right to file an application with the competent national court.

4.   INVITATION TO MAKE COMMENTS

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet on the web-site of the Directorate-General for Competition (4) to be binding. In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Observations can be sent to the Commission by e-mail to comp-infotech@ec.europa.eu, by fax (No (32-2) 296 29 11) or by post, under reference number COMP/39.141 — Fiat, to the following address:

In the subsequent course of the proceedings it may become necessary or appropriate to make available a summary of the comments following the publication of this notice to the parties offering the commitments. In this respect we kindly ask you to identify any confidential information or business secrets. Legitimate requests will be respected.

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  OJ L 203, 1.8.2002, p. 30.

(3)  I.e. to modify the original settings of an ECU in a way not recommended by Fiat.

(4)  http://ec.europa.eu/comm/competition/index_en.html

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.142 — Toyota

(2007/C 66/10)

1.   INTRODUCTION

According to Article 9 of Council Regulation (EC) No 1/2003 (1), in cases where the Commission intends to adopt a decision requiring that an infringement is brought to an end, and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment, the Commission may decide to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

The present case relates to Toyota Motor Eorope NV/SA's (‘Toyota’) provision of technical repair information to independent repairers. The Commission's investigation showed that Toyota might have failed to release certain categories of technical repair information well after the end of the transitional period provided for in Regulation (EC) No 1400/2002 (2). Moreover, at the time that the Commission's investigation was launched, Toyota had, in the Commission's preliminary assessment, still not put in place an effective system to allow independent repairers to have access to technical repair information in an unbundled manner. Although Toyota improved the accessibility of its technical information over the course of the Commission investigation, notably by increasing language coverage of the information available on its technical information website known as TechDoc website (‘the TI website’) and by increasing model range covered by this website, the information made available to independent repairers seemed to be still incomplete.

In December 2006, the Commission opened proceedings, and addressed a preliminary assessment to Toyota, containing the preliminary view that Toyota's agreements with its after-sales service partners raised concerns as to their compatibility with Article 81(1) of the EC Treaty.

In essence, Toyota's service and parts distribution agreements require the members of its authorised networks to carry out a full range of brand-specific repair services, and foreclose firms who wish to offer a different and/ or more targeted service, as well as stand-alone spare parts wholesalers. The Commission was concerned that the possible negative effects stemming from such agreements could be strengthened by Toyota's failure to provide independent repairers with appropriate access to technical information. On the basis of the Commission's preliminary analysis, such a practice might have contributed to a decline in the market position of independent repairers, which could have led to a shrinking market for independent spare parts wholesalers, and might have caused considerable consumer harm in terms of a significant reduction in choice of spare parts, higher prices for repair services, a reduction in choice of repair outlets, potential safety issues, and a lack of access to innovative repair shops.

Moreover, Toyota's alleged failure to provide independent repairers with appropriate access to technical information appears to prevent the agreements with its after-sales service partners from benefiting from the exemption granted by Regulation (EC) No 1400/2002, since according to Article 4(2) of the regulation, the exemption granted therein does not apply where the supplier of motor vehicles refuses to give independent operators access to any technical information, diagnostic and other equipment, tools, including any relevant software, or training required for the repair and maintenance of these motor vehicles.

Finally, the Commission came to the preliminary view that in the context of lack of access to technical repair information, the agreements between Toyota and its authorised repairers are unlikely to benefit from the provision of Article 81(3). In essence, the efficiency gains that might be expected to stem from the operation of a selected network of authorised repairers do not appear to offset the significant negative effects on competition resulting from the currently inadequate access to brand-specific technical repair information given to independent operators and the ensuing protection of Toyota's authorised networks from competitive pressure exercised by the independent repair sector.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

Toyota has offered commitments to the Commission in order to meet the competition concerns addressed in the preliminary assessment. It proposes that these commitments should remain in force until 31 May, 2010. The commitments are briefly summarised in what follows and published in English version on the website of the Directorate-General for Competition: http://ec.europa.eu/comm/competition/index_en.html.

3.1   Technical information to be provided

the principle determining the scope of the information to be provided is that of non-discrimination between independent and authorised repairers. In this light, Toyota will ensure that all Technical Information, tools, equipment, software and training required for the repair and maintenance of its vehicles which is provided to authorised repairers and /or independent importers in any EU Member State by or on behalf of Toyota is also made available to independent repairers.

‘Technical Information ’within the meaning of Article 4(2) of Regulation (EC) No 1400/2002 includes all information provided to authorised repairers for the repair or maintenance of Toyota vehicles. Particular examples include software, fault codes and other parameters, together with updates, which are required to work on electronic control units (ECUs) with a view to introducing or restoring settings recommended by Toyota, vehicle identification methods, parts catalogues, working solutions resulting from practical experience and relating to problems typically affecting a given model or batch, and recall notices as well as other notices identifying repairs that may be carried out without charge within the authorised repair network.

Access to tools includes access to electronic diagnostic and other repair tools, together with related software, including periodic updates thereof, and after-sales services for such tools.

The proposed commitments will bind Toyota and its connected undertakings but will not be directly binding on independent importers of Toyota's vehicle brands, known as ‘non-affiliated national marketing and sales companies ’(‘non affiliated NMSCs’). In those Member States in which Toyota distributes its vehicles via non affiliated NMSCs, Toyota has therefore agreed to make its best efforts to contractually oblige these undertakings to supply Toyota with any Technical Information or language versions of Technical Information that they have provided to authorised repairers in the Member State concerned. Toyota commits itself to place this Technical Information or language versions on its TI website without delay, in accordance with the principles set out in Section 3.2 of this Notice.

According to recital 26 of the Regulation, Toyota is not obliged to provide independent repairers with Technical Information that would enable a third party to bypass or disarm on-board anti-theft devices and/or recalibrate (3) electronic devices, or to tamper with devices which limit a vehicle's performance. As with any exception under EU law, recital 26 is to be interpreted narrowly, and if Toyota were to invoke this exception as a reason for withholding any Technical Information from independent repairers, it has committed itself to ensure that the information withheld is limited to that necessary to provide the protection described in recital 26, and that the lack of the information in question does not prevent independent repairers from carrying out operations other than those listed in recital 26, including work on devices such as engine management ECUs, airbags, seatbelt pre-tensioners, or central locking elements.

3.2   Media

Article 4(2) of the Regulation provides that technical information must be made available in a way that is proportionate to independent repairers' needs. This implies both unbundling of information and pricing that takes account of the extent to which independent repairers use the information

Toyota will include on the TI website all Technical Information relating to models launched as of 1 January 1997, and will ensure that all updated Technical Information is on the TI website or on any successor site at all times. Moreover, Toyota will at all times ensure that the website may be easily located and provides an equivalent level of performance to the methods used for providing Technical Information to members of its authorised networks. When Toyota or another undertaking acting on Toyota's behalf makes a piece of Technical Information available to authorised repairers in a particular EU language, Toyota will ensure that this language version of the information is placed on the TI website without delay.

As regards technical information concerning models launched by Toyota as of 1 January 1997 and prior to 1 January 2000, which is currently not available on the TI website, Toyota has committed itself to place it there by 31 December 2007.

Toyota's access fee structure for the site will be based on the cost that the authorised repairers incur for a yearly subscription to the Toyota intranet, namely EUR 2 400. However, in order to respect the proportionality requirement laid down in the Regulation, Toyota agrees to provide for a pro rata breakdown into monthly, weekly, daily, four-hourly, three-hourly, two-hourly and hourly time windows at a price of EUR 3 per hour, EUR 6 per two hours, EUR 9 per three hours, EUR 12 per four hours, EUR 16 per day, EUR 72 per week and EUR 240 per month. Toyota agrees to maintain this access fee structure, and not to increase fee levels above the average inflation rate within the EU.

3.3   Minimum standards principle

Toyota's commitments are without prejudice to any current or future requirement established by Community or national law which might extend the scope of the technical information that Toyota is to provide to independent operators and/or might set out more favourable ways for such information to be provided.

3.4   Dispute resolution

Toyota commits itself to implement the following complaint handling procedure, which may be applied to deal with any complaint issued by an independent repairer or association of independent repairers established in the European Union regarding access to Technical Information:

Following initial notification, the national marketing and sales company (‘NMSC’) will first handle any complaint at its level, by the appointment of a complaint handler. Such complaint handler will investigate the complaint, provide additional information or explanation and/or propose a solution to the complainant. If the complaint handler and the complainant fail to reach an agreement or settlement regarding then complaint, the complaint handler shall promptly refer the complaint to the helpdesk facility set up by Toyota, except if the absence of agreement or settlement is the result of a lack of responsiveness from the independent repairer or association of independent repairers. Toyota will then investigate the matter and either confirm the position of the complaint handler or propose an alternative solution. In the event that Toyota and the complainant fail to reach an agreement or settlement regarding the complaint, Toyota commits itself to accept arbitration. In any event, the complainant may request such arbitration 20 business days after the initial notification of its complaint to an NMSC.

This arbitration will be governed by the respective national rules of arbitration, and the arbitral tribunal will consist of three arbitrators appointed in accordance with these rules. The place of arbitration will be in the Member State where the complainant's registered seat is located. The language of the arbitral proceedings shall be the official language at the place of arbitration.

Arbitration will not prejudice any right to file an application with the competent national court.

4.   INVITATION TO MAKE COMMENTS

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet on the web-site of the Directorate-General for Competition (4) to be binding. In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Observations can be sent to the Commission by e-mail to comp-infotech@ec.europa.eu, by fax (No (32-2) 296 29 11) or by post, under reference number COMP/39.142 — Toyota, to the following address:

In the subsequent course of the proceedings it may become necessary or appropriate to make available a summary of the comments following the publication of this notice to the parties offering the commitments. In this respect we kindly ask you to identify any confidential information or business secrets. Legitimate requests will be respected.

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  OJ L 203, 1.8.2002, p. 30.

(3)  I.e. to modify the original settings of an ECU in a way not recommended by Toyota.

(4)  http://ec.europa.eu/comm/competition/index_en.html

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.143 — Opel

(2007/C 66/11)

1.   INTRODUCTION

According to Article 9 of Council Regulation (EC) No 1/2003 (1), in cases where the Commission intends to adopt a decision requiring that an infringement is brought to an end, and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment, the Commission may decide to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

The present case relates to General Motors Europe's (GME) provision of Opel/Vauxhall-specific technical repair information to independent repairers. The Commission's investigation showed that GME might have failed to release certain categories of technical repair information well after the end of the transitional period provided for in Council Regulation (EC) No 1400/2002 (2). Moreover, at the time that the Commission's investigation was launched, GME had, in the Commission's preliminary assessment, still not put in place an effective system to allow independent repairers to have access to Opel/Vauxhall-specific technical repair information in an unbundled manner. Although GME improved the accessibility of its technical information over the course of the Commission investigation, the information made available to independent repairers seemed to be still incomplete.

In December 2006, the Commission opened proceedings, and addressed a preliminary assessment to GME, containing the preliminary view that GME's agreements with its after-sales service partners raised concerns as to their compatibility with Article 81(1) of the EC Treaty.

In essence, GME's service and parts distribution agreements require the members of its authorised networks to carry out a full range of brand-specific repair services, and foreclose firms who wish to offer a different and/ or more targeted service, as well as stand-alone spare parts wholesalers. The Commission was concerned that the possible negative effects stemming from such agreements could be strengthened by GME's failure to provide independent repairers with appropriate access to technical information. On the basis of the Commission's preliminary analysis, such a practice might have contributed to a decline in the market position of independent repairers, which could have led to a shrinking market for independent spare parts wholesalers, and might have caused considerable consumer harm in terms of a significant reduction in choice of spare parts, higher prices for repair services, a reduction in choice of repair outlets, potential safety issues, and a lack of access to innovative repair shops.

Moreover, GME's alleged failure to provide independent repairers with appropriate access to technical information appears to prevent the agreements with its after-sales service partners from benefiting from the exemption granted by Regulation (EC) No 1400/2002, since according to Article 4(2) of the regulation, the exemption granted therein does not apply where the supplier of motor vehicles refuses to give independent operators access to any technical information, diagnostic and other equipment, tools, including any relevant software, or training required for the repair and maintenance of these motor vehicles.

Finally, the Commission came to the preliminary view that in the context of lack of access to technical repair information, the agreements between GME and Opel/Vauxhall authorised repairers are unlikely to benefit from the provision of Article 81(3). In essence, the efficiency gains that might be expected to stem from the operation of a selected network of authorised repairers do not appear to offset the significant negative effects on competition resulting from the currently inadequate access to brand-specific technical repair information given to independent operators and the ensuing protection of Opel/Vauxhall authorised networks from competitive pressure exercised by the independent repair sector.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

GME has offered commitments to the Commission in order to meet the competition concerns addressed in the preliminary assessment. It proposes that these commitments should remain in force until 31 May, 2010. The commitments are briefly summarised in what follows and published in English version on the website of the Directorate-General for Competition: http://ec.europa.eu/comm/competition/index_en.html.

3.1   Technical information to be provided

The principle determining the scope of the information to be provided is that of non-discrimination between independent and authorised repairers. In this light, GME will ensure that all Technical Information, tools, equipment, software and training required for the repair and maintenance of its Opel/Vauxhall vehicles which is provided to authorised repairers in any EU Member State by or on behalf of GME is also made available to independent repairers.

‘Technical Information ’within the meaning of Article 4(2) of Regulation (EC) 1400/2002 includes all information provided to Opel/Vauxhall authorised repairers for the repair or maintenance of Opel/Vauxhall motor vehicles. Particular examples include software, fault codes and other parameters, together with updates, which are required to work on electronic control units (ECUs) with a view to introducing or restoring settings recommended by GME, vehicle identification methods, parts catalogues, working solutions resulting from practical experience and relating to problems typically affecting a given model or batch, and recall notices as well as other notices identifying repairs that may be carried out without charge within the authorised repair network.

Access to tools includes access to electronic diagnostic and other repair tools, together with related software, including periodic updates thereof, and after-sales services for such tools.

Recital 26 of the Regulation makes it plain that Article 4(2) does not require GME to provide independent repairers with Technical Information that would enable a third party to bypass or disarm on-board anti-theft devices and/or recalibrate (3) electronic devices, or to tamper with devices which limit the speed or other performance-related parameters of a motor vehicle. Nevertheless, GME commits itself to allow independent repairers unrestricted access to information of these types, provided that they obtain the relevant GME Training Certification (4). Such certification will be issued to independent repairers without delay subject to the completion of training.

If, in the future, GME were to invoke the exception in recital 26 as a reason for withholding access to certain items of technical information to independent repairers, it would be incumbent upon it to ensure that the information so withheld was limited to that necessary to provide the protection described in recital 26, and that the lack of the information in question did not prevent independent repairers from carrying out operations other than those listed in recital 26, including work on devices such as engine management ECU, airbags, seatbelt pre-tensioners, or central locking elements.

3.2   Media

Article 4(2) of the Regulation provides that technical information must be made available in a way that is proportionate to independent repairers' needs. This implies both unbundling of information and pricing that takes account of the extent to which independent repairers use the information

GME will include on the TI website all Technical Information relating to models launched after 1996, and will ensure that all updated Technical Information is on the TI website or on any successor site at all times. Moreover, GME will at all times ensure that the website may be easily located and provides an equivalent level of performance to the methods used for providing Technical Information to members of Opel/Vauxhall authorised network. When GME or another undertaking acting on GME's behalf makes a piece of Technical Information available to authorised repairers in a particular EU language, GME will ensure that this language version of the information is placed on the TI website without delay.

As regards the Electronic Parts Catalogue, which is currently not available on the TI website GME will be deemed to comply with the commitments if it places this information on the TI website by 31 December 2007. As a short term solution, the Catalogue will be available through GME Call Centre Services, which will on demand and without delay provide independent repairers with the requested pages by fax in any of the languages in which the Catalogue is made available to authorised repairers. This service will be available for EUR 1 per page (+ 3,9 % handling fee), and local call tariffs will apply.

As regards wiring diagrams, GME will place on the TI website all such that have been generated in or converted into digital format for use by its Opel/Vauxhall Authorised Repairers in the EU. The remaining diagrams, which relate to certain models (5) launched after 1 January 1997 and which do not exist in digital format, shall be available to independent repairers through GME Call Centre Services. Such Call Centre Services will operate in all languages required to avoid direct or indirect discrimination between independent and Opel/Vauxhall authorised repairers, taking into account the conditions at which such authorised repairers obtain access to wiring diagrams. The wiring diagrams will be provided without delay by fax in the smallest packages that the average independent repairer would need to carry out a repair job and on the same conditions as they are provided to Opel/Vauxhall Authorised Repairers. GME commits itself to maintain, during the validity of the commitments, the conditions currently applicable for these non-digitalised wiring diagrams.

As regards access to the TI website, GME agrees to provide for a pro rata breakdown into hourly, daily, weekly, monthly and yearly time windows at a price of respectively EUR 4, EUR 30, EUR 100, EUR 300 and EUR 3 700. For initial access to the TI website, a one-time registration fee of EUR 15 will be charged + 3,9 % handling fee. Tech1/Tech2 SWDL (Diagnostic Tester Software Download) will be available through the annual subscription to the TI website, or by paying a stand-alone monthly subscription fee of EUR 100. GME will maintain this access fee structure, and will not increase fee levels above the average inflation rate within the EU.

3.3   Minimum standards principle

GME's commitments are without prejudice to any current or future requirement established by Community or national law which might extend the scope of the technical information that GME is to provide to independent operators and/or might set out more favourable ways for such information to be provided.

3.4   Dispute resolution

In order to address any complaint raised by an independent repairer concerning access to Technical Information, GME will put in place a GME ‘Ombudsman’. Upon receipt of an independent repairer's complaint the GME ‘Ombudsman ’shall, within a maximum of three weeks from receiving the complete file, provide the independent repairer with a GME Response. In case a complainant does not accept the GME Response, GME commits to accept an arbitration mechanism for resolving disputes relating to the provision of Technical Information whereby each party to such a dispute may nominate one expert, who may then jointly decide on the appointment of a third.

The arbitration shall take place in the Member State where the requesting party's registered seat is located. The language of the arbitration proceedings will be the official language at the place of arbitration. Arbitration will not prejudice any right to file an application with the competent national court.

4.   INVITATION TO MAKE COMMENTS

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet on the web-site of the Directorate-General for Competition (6) to be binding. In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Observations can be sent to the Commission by e-mail to comp-infotech@ec.europa.eu, by fax (No (32-2) 296 29 11) or by post, under reference number COMP/39.143 — Opel, to the following address:

In the subsequent course of the proceedings it may become necessary or appropriate to make available a summary of the comments following the publication of this notice to the parties offering the commitments. In this respect we kindly ask you to identify any confidential information or business secrets. Legitimate requests will be respected.

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  OJ L 203, 1.8.2002, p. 30.

(3)  I.e. to modify the original settings of an ECU in a way not recommended by GME.

(4)  Fees for the Training Certification will be equivalent for authorised and independent repairers and GME commits itself to keep them at the same level during the validity of the commitments. The training will comprise (i) two days instructor-based training (cost of between EUR 115 and EUR 230 per day depending upon the national market) and (ii) a one day Tech2 web-based training (cost of between EUR 30 and EUR 50 per day, again depending on the national market in question). The training will be provided by the GM Academy.

(5)  Of these models only two (Agila and Movano) are still in production and for both wiring diagrams relating to their variants launched from 2002 are available on the TI website. The only models for which the diagrams are available only through GME Call Centre Services (Arena and Sintra) stopped being produced in 1999 and 2001. For the remaining models, the TI website contains wiring diagrams for variants launched from 2002 (Astra-G, Frontera-B, Zafira-A) or from 2003 (Speedster).

(6)  http://ec.europa.eu/comm/competition/index_en.html

STATE AID — THE NETHERLANDS

State aid No C 4/07 (ex N 465/06) — Interest Group Box

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(Text with EEA relevance)

(2007/C 66/12)

By means of the letter dated 7 February 2007 reproduced in the authentic language on the pages following this summary, the Commission notified The Netherlands of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning part of the abovementioned measure.

The Commission decided not to raise any objections to certain other measure, as described in the letter following this summary.

Interested parties may submit their comments on the measure in respect of which the Commission is initiating the procedure within one month of the date of publication of this summary and the following letter, to:

These comments will be communicated to The Netherlands. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

TEXT OF SUMMARY

1.   PROCEDURE

2.   DESCRIPTION OF THE MEASURE

3.   ASSESSMENT OF THE MEASURE

In accordance with Article 14 of Council Regulation (EC) No 659/1999 (1), all unlawful aid can be subject to recovery from the recipient.

TEXT OF LETTER

(1)  OJ L 83, 27.3.1999, p. 1.

(2)  Zaak C-168/01, Jurispr. 2003, blz. I-9409.

(3)  PB C 384 van 10.12.1998.

(4)  Beschikking van de Commissie van 17.2.2003, PB L 180 van 18.7.2003, blz. 52.

(5)  Zaak 790/79, Jurispr. 1980, blz. 2671.

Prior notification of a concentration

(Case COMP/M.4613 — Eurazeo SA/Apcoa Parking Holdings GmbH)

(Text with EEA relevance)

(2007/C 66/13)

(1)  OJ L 24, 29.1.2004, p. 1.