7.2.2008

Official Journal of the European Union

C 33/2

Decision of the Management Board of the European Union Agency for Fundamental Rights

of 23 October 2007

concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests

(2008/C 33/03)

THE MANAGEMENT BOARD OF THE EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS,

Having regard to the Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights,

Whereas:

(1)

Regulation (EC) No 1073/1999 of the European Parliament and of the Council (1) and Council Regulation (Euratom) No 1074/1999 (2) concerning investigations conducted by the European Anti-fraud Office provide that the Office is to initiate and conduct administrative investigations within the institutions, bodies and offices and agencies established by or on the basis of the EC Treaty or the Euratom Treaty.

(2)

The responsibility of the European Anti-fraud Office as established by the Commission extends beyond the protection of financial interests to include all activities relating to the need to safeguard Community interests against irregular conduct liable to give rise to administrative or criminal proceedings.

(3)	The scope of the fight against fraud should be broadened and its effectiveness enhanced by exploiting existing expertise in the area of administrative investigations.

(4)

Therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and agencies should entrust to the Office the task of conducting internal administrative investigations with a view to bringing to light serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials and servants of the Communities, as referred to, in particular, in Articles 11, 11a, 12b, 13, 16 and 17 of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (hereafter referred to as ‘the Staff Regulations’), detrimental to the interests of the Communities and liable to result in disciplinary or, in appropriate cases, criminal proceedings, or serious misconduct/failure, as referred to, in particular, in Article 22 and 22a of the Staff Regulations, or a failure as referred to in Article 86 of the Staff Regulations or a failure to comply with the analogous obligations of the Members, managers or members of staff of the institutions, bodies and offices and agencies of the Communities not subject to the Staff Regulations.

(5)	Such investigations should be conducted in full compliance with the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, of the texts implementing them and the Staff Regulations.

(6)

Such investigations should be carried out under equivalent conditions in all the Community institutions, bodies and offices and agencies; assignment of this task to the Office should not affect the responsibilities of the institutions, bodies, offices or agencies themselves and should in no way reduce the legal protection of the persons concerned,

HAS ADOPTED THE FOLLOWING DECISION:

1. Duty to cooperate with the Office

The Director, the services and any manager, official or servant of the European Union Agency for Fundamental Rights, hereafter referred to as ‘the Agency’, as well as members of staff not subject to the Staff Regulations, shall be required to cooperate fully with the Office's agents and to lend any assistance required to the investigation. With that aim in view, they shall supply the Office's agents with all useful information and explanations.

Without prejudice to the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, and of the texts implementing them, members of the Agency's Management Board shall cooperate fully with the Office.

2. Duty to supply information

Any official or servant of the Agency who becomes aware of evidence which gives rise to a presumption of the existence of possible cases of fraud, corruption or any other illegal activity detrimental to the interests of the Communities, or of serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials or servants of the Communities liable to result in disciplinary or, in appropriate cases, criminal proceedings, or a failure to comply with the analogous obligations of the members, managers or members of staff not subject to the Staff Regulations, shall inform without delay his or her Head of Unit or the Agency's Director as the case may be or, if he or she considers it useful, the Office direct.

The Chair of the Management Board, the Director or managers of the Agency shall transmit without delay to the Office any evidence of which they are aware from which the existence of irregularities as referred to in the first paragraph may be presumed.

Managers, officials or servants of the Agency or members of staff not subject to the Staff Regulations must in no way suffer inequitable or discriminatory treatment as a result of having communicated the information referred to in the first and second paragraphs.

Members of the Management Board who acquire knowledge of facts as referred to in the first paragraph shall inform the Chair of the Management Board or, if they consider it useful, the Office direct.

3. Assistance from the security office/relevant official

At the request of the Director of the Office, the Agency's security office or relevant official shall assist the Office in the practical conduct of investigations.

4. Informing the interested party

Where the possible implication of a member of staff, manager, official or servant or members of staff not subject to the Staff Regulations emerges, the interested party shall be informed rapidly as long as this would not be harmful to the investigation. In any event, conclusions referring by name to a member of staff, manager, official or servant or member of staff not subject to the Staff Regulations of the Agency may not be drawn once the investigation has been completed without the interested party's having had the opportunity to express his or her views on all the facts which concern him or her. The conclusions shall make reference to these views.

In cases necessitating the maintenance of absolute secrecy for the purposes of the investigation and requiring the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite the member of staff, manager, official or servant of the Agency or member of staff not subject to the Staff Regulations to give his or her views may be deferred in agreement with the Chair of the Management Board or the Director of the Agency respectively. In such cases, no disciplinary proceedings may be opened before the interested party has been given a chance to comment.

5. Information on the closing of the investigation with no further action taken

If, following an internal investigation, no case can be made out against a member of staff, manager, official or servant of the Agency or member of staff not subject to the Staff Regulations against whom allegations have been made, the internal investigation concerning him or her shall be closed, with no further action taken, by decision of the Director of the Office, who shall inform the interested party in writing. The interested party may request that this decision be inserted in his or her personal file.

6. Waiver of immunity

Any request from a national police or judicial authority regarding the waiver of the immunity from judicial proceedings of a manager, official or servant of the Agency or member of staff not subject to the Staff Regulations concerning possible cases of fraud, corruption or any other illegal activity shall be transmitted to the Director of the Office for his or her opinion. If a request for waiver of immunity concerns a member of the Management Board of the Agency, the Office shall be informed.

7. Effective date

This Decision shall take effect on the date of its publication in the Official Journal of the European Union.

Vienna, 23 October 2007.

Anastasia CRICKLEY

Chairperson of the FRA Management Board

(1) OJ L 136, 31.5.1999, p. 1.

(2) OJ L 136, 31.5.1999, p. 8.

7.2.2008

Official Journal of the European Union

C 33/4

Euro exchange rates (1)

6 February 2008

(2008/C 33/04)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,4621
JPY	Japanese yen	155,58
DKK	Danish krone	7,4527
GBP	Pound sterling	0,747
SEK	Swedish krona	9,4288
CHF	Swiss franc	1,6061
ISK	Iceland króna	96,46
NOK	Norwegian krone	8,0555
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,635
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	260,8
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6963
PLN	Polish zloty	3,596
RON	Romanian leu	3,661
SKK	Slovak koruna	33,4
TRY	Turkish lira	1,7335
AUD	Australian dollar	1,6315
CAD	Canadian dollar	1,4705
HKD	Hong Kong dollar	11,4044
NZD	New Zealand dollar	1,8634
SGD	Singapore dollar	2,0696
KRW	South Korean won	1 379,64
ZAR	South African rand	11,1924
CNY	Chinese yuan renminbi	10,5037
HRK	Croatian kuna	7,265
IDR	Indonesian rupiah	13 512,73
MYR	Malaysian ringgit	4,7248
PHP	Philippine peso	59,361
RUB	Russian rouble	36,053
THB	Thai baht	45,303
BRL	Brazilian real	2,5737
MXN	Mexican peso	15,8383

(1)

Source: reference exchange rate published by the ECB.

7.2.2008

Official Journal of the European Union

C 33/5

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)

(2008/C 33/05)

Aid No

XS 317/07

Member State

Germany

Region

Hamburg

Title of aid scheme or name of company receiving individual aid

MTC Marine Training Center GmbH

Legal basis

Verordnung (EG) Nr. 70/2001 der Kommission vom 12. Januar 2001 über die Anwendung der Artikel 87 und 88 EG-Vertrag auf staatliche

Beihilfen an kleine und mittlere Unternehmen (Amtsblatt der Europäischen Gemeinschaften vom 13.1.2002 L 10/33)

Beschluss der Hamburger Bürgerschaft vom 19.9.2006 (Drs. 18/5012)

Type of measure

Individual aid

Budget

Overall budget: EUR 0,8815 million

Maximum aid intensity

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

Date of implementation

29.11.2007

Duration

31.12.2009

Objective

Small and medium-sized enterprises

Economic sectors

Other services

Name and address of the granting authority

Behörde für Wirtschaft und Arbeit

Alter Steinweg 4

D-20159 Hamburg

Aid No

XS 318/07

Member State

Spain

Region

Cataluña

Title of aid scheme or name of company receiving individual aid

Ayudas para la subcontratación de actividades de innovación

Legal basis

Resolución IUE/972/2007, de 28 de marzo, por la que se aprueban las bases reguladoras para la concesión de ayudas para la subcontratación de actividades de investigación, desarrollo e innovación y se abre la convocatoria para el año 2007 (DOGC núm. 4858 de 10.4.2007)

Type of measure

Aid scheme

Budget

Annual budget: EUR 1,5 million

Maximum aid intensity

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

Date of implementation

11.4.2007

Duration

31.12.2007

Objective

Small and medium-sized enterprises

Economic sectors

All sectors eligible for aid to SMEs

Name and address of the granting authority

Centro de Innovación y Desarrollo Empresarial (CIDEM)

Paseo de Grácia, 129

E-08008 Barcelona

Aid No

XS 319/07

Member State

Germany

Region

Bremen

Title of aid scheme or name of company receiving individual aid

Landesinvestitionsförderprogramm LIP 2008

Legal basis

§§ 23, 44 Haushaltsordnung der Freien Hansestadt Bremen

Type of measure

Aid scheme

Budget

Annual budget: EUR 63,5 million

Maximum aid intensity

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

Date of implementation

23.11.2007

Duration

31.12.2013

Objective

Small and medium-sized enterprises

Economic sectors

All sectors eligible for aid to SMEs

Name and address of the granting authority

Bremer Investitions-Gesellschaft mbH

Kontorhaus am Markt

Langenstr. 2-4

D-28195 Bremen

Tel.: (49 421) 96 00 10

E-mail: mail@big-bremen.de

Bremer Aufbau-Bank GmbH

Kontorhaus am Markt

Langenstr. 2-4

D-28195 Bremen

Tel.: (49 421) 96 00 40

E-mail: mail@bab-bremen.de

BIS Bremerhavener Gesellschaft für Investitionsförderung und Stadtentwicklung mbH

Am Alten Hafen 118

D-27568 Bremerhaven

Tel.: (49 471) 94 64 60

E-mail: wirtschaft@bis-bremerhaven.de

Aid No

XS 321/07

Member State

Czech Republic

Region

Celá ČR

Title of aid scheme or name of company receiving individual aid

Vzdělávání výrobců a obchodníků s biopotravinami a šíření informací o biopotravinách a subjektech trhu

Legal basis

Zákon č. 242/2000 Sb., o ekologickém zemědělství a o změně zákona

č. 368/1992 Sb., o správních poplatcích, ve znění pozdějších předpisů

Type of measure

Aid scheme

Budget

Annual budget: CZK 1,1 million

Maximum aid intensity

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

Date of implementation

1.1.2008

Duration

31.12.2013

Objective

Small and medium-sized enterprises

Economic sectors

Manufacture of food products and beverages, Retail sale of food, beverages and tobacco in specialized stores

Name and address of the granting authority

Ministerstvo zemědělství

Těšnov 17

CZ-117 05 Praha 1

Aid No

XS 323/07

Member State

Germany

Region

Niedersachsen

Title of aid scheme or name of company receiving individual aid

Förderung von Beratungsdienstleistungen im Rahmen der Richtlinie über die Gewährung von Zuwendungen zur Stärkung der regionalen Wirtschaftsstruktur und von Zuwendungen zur Förderung wirtschaftsnaher Infrastrukturmaßnahmen in den niedersächsischen Zielgebieten „Konvergenz“ und „Regionale Wettbewerbsfähigkeit und Beschäftigung — RWB“ aus dem Europäischen Fonds für Regionale Entwicklung (EFRE)

Legal basis

Operationelles Programm des Landes Niedersachsen für den Europäischen Fonds für Regionale Entwicklung (EFRE) in der Förderperiode 2007-2013;

§44 Landeshaushaltsordnung Niedersachsen

Type of measure

Aid scheme

Budget

Annual budget: EUR 7,6 million

Maximum aid intensity

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

Date of implementation

2.8.2008

Duration

31.12.2015

Objective

Small and medium-sized enterprises

Economic sectors

All sectors eligible for aid to SMEs

Name and address of the granting authority

Investitions- und Förderbank Niedersachsen GmbH Nbank

Günther-Wagner-Allee 12-14

D-30177 Hannover

7.2.2008

Official Journal of the European Union

C 33/8

Public holidays in 2008: EEA EFTA States and EEA institutions

(2008/C 33/06)

2008	Iceland	Liechtenstein	Norway	EFTA Surveillance Authority	EFTA Court
1 January	X	X	X	X	X
2 January		X
6 January		X
2 February		X
20 March	X		X
21 March	X	X	X	X
23 March		X	X
24 March	X	X	X	X	X
19 April	X
1 May	X	X	X	X	X
2 May				X
11 May		X	X
12 May	X	X	X	X	X
17 May			X
22 May		X
17 June	X
23 June					X
4 August	X
15 August		X			X
8 September		X
1 November		X			X
8 December		X
25 December	X	X	X	X	X
26 December	X	X	X	X	X
31 December		X

7.2.2008

Official Journal of the European Union

C 33/9

JUDGMENT OF THE COURT

of 30 October 2007

in Case E-2/07: EFTA Surveillance Authority v The Kingdom of Norway

(Widow's and widower's pension rights — Equal treatment of women and men — Article 69 EEA — Directive 79/7/EEC — Directive 86/378/EEC)

(2008/C 33/07)

In Case E-2/07, EFTA Surveillance Authority v The Kingdom of Norway — Application for a declaration that by maintaining in force rules in lov av 28. juli 1949 nr. 26 om Statens Pensjonskasse (Public Service Pension Act) relating to pension rights accrued on the basis of periods of employment after 1 January 1994 pursuant to which the survivor's pension of a widower whose spouse became a member of the Public Service Pension Fund prior to 1 October 1976 is curtailed in relation to his other income whereas a widow in the same circumstances receives her survivor's pension without curtailment, the Kingdom of Norway has failed to fulfil its obligations under Article 69(1) EEA and Article 5 of the Act referred to at point 20 in Annex XVIII to the EEA Agreement (Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Council Directive 96/97/EC of 20 December 1996), as adapted by Protocol 1 thereto., the Court, composed of: Carl Baudenbacher, President (Judge-Rapporteur), Henrik Bull, Judge, and Thorgeir Örlygsson, Judge, gave judgment on 14 March 2007, the operative part of which is as follows:

Declares that by maintaining in force rules in lov av 28. juli 1949 nr. 26 om Statens Pensjonskasse relating to pension rights accrued on the basis of periods of employment after 1 January 1994 pursuant to which the survivor's pension of a widower whose spouse became a member of the Public Service Pension Fund prior to 1 October 1976 is curtailed in relation to his other income whereas a widow in the same circumstances receives her survivor's pension without curtailment, the Kingdom of Norway has failed to fulfil its obligations under Article 69(1) EEA and Article 5 of the Act referred to at point 20 in Annex XVIII to the EEA Agreement (Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Council Directive 96/97/EC of 20 December 1996), as adapted by Protocol 1 thereto.

2.	Orders the Kingdom of Norway to pay the costs of the proceedings.

7.2.2008

Official Journal of the European Union

C 33/11

Prior notification of a concentration

(Case COMP/M.5033 — Philips/Respironics)

(Text with EEA relevance)

(2008/C 33/09)

On 30 January 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Koninklijke Philips Electronics NV (‘Philips’, the Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Respironics Inc. (‘Respironics’, USA) by way of public bid announced on 21 December 2007.

The business activities of the undertakings concerned are:

—	for undertaking Philips: a multinational company active in the research, development, manufacture and sale of a wide range of electronic products,

—	for undertaking Respironics: develops, manufactures and distributes medical devices used primarily for the treatment of patients suffering from sleep and respiratory disorders.

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.

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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5033 — Philips/Respironics, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

7.2.2008

Official Journal of the European Union

C 33/12

Prior notification of a concentration

(Case COMP/M.4799 — OMV/MOL)

(Text with EEA relevance)

(2008/C 33/10)

On 31 January 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the OMV Aktiengesellschaft (‘OMV’, Austria) intends to acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the MOL Magyar Olaj- és Gázipari Nyilvánosan Működő Részvénytársaság (‘MOL’ Hungary) within the meaning of Article 3(1)(b) of the Council Regulation, by way of public bid.

The business activities of the undertakings concerned are:

—	for OMV: exploration, production and refining of crude oil, distribution of refined oil products, petrochemicals and natural gas,

—	for MOL: exploration, production and refining of crude oil, distribution of refined oil products, petrochemicals and natural gas.

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.

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

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

7.2.2008

Official Journal of the European Union

C 33/13

Prior notification of a concentration

(Case COMP/M.4990 — Euler Hermes/OeKB/JV)

(Text with EEA relevance)

(2008/C 33/11)

On 30 January 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Euler Hermes Kreditversicherungs-AG (‘Euler Hermes’) which belongs to the Allianz group and the Oesterreichische Kontrollbank AG (‘OeKB’) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control by way of the purchase of shares of a newly created Management Holding which will hold the shares of the undertakings Prisma (‘Prisma’) and OeKB Versicherung AG (‘OeKB-V’). Prisma is already jointly controlled by Euler Hermes and OeKB while OeKB-V is currently solely controlled by OeKB.

The business activities of the undertakings concerned are:

—	Allianz: life and non-life insurance, banking,

—	OeKB: state financing of exports, capital market services,

—	Euler Hermes: credit insurance,

—	OeKB-V: credit insurance,

—	Prisma: credit insurance.

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.

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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4990 — Euler Hermes/OeKB/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

		ISSN 1725-2423
Official Journal of the European Union		C 33

English edition	Information and Notices	Volume 51 7 February 2008

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2008/C 033/01	Non-opposition to a notified concentration (Case COMP/M.3550 — MIDEWA/Stadtwerke Halle/Fernwasser Sachsen-Anhalt) ( 1 )	1

2008/C 033/02	Non-opposition to a notified concentration (Case COMP/M.4892 — Infineon/Siemens/JV) ( 1 )	1

	European Union Agency for Fundamental Rights
2008/C 033/03	Decision of the Management Board of the European Union Agency for Fundamental Rights of 23 October 2007 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests	2

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2008/C 033/04	Euro exchange rates	4

	NOTICES FROM MEMBER STATES
2008/C 033/05	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 ( 1 )	5

	NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
	EFTA Surveillance Authority
2008/C 033/06	Public holidays in 2008: EEA EFTA States and EEA institutions	8

	V Announcements
	COURT PROCEEDINGS
	European Economic Area EFTA Court
2008/C 033/07	Judgment of the Court of 30 October 2007 in Case E-2/07: EFTA Surveillance Authority v The Kingdom of Norway (Widow's and widower's pension rights — Equal treatment of women and men — Article 69 EEA — Directive 79/7/EEC — Directive 86/378/EEC)	9

2008/C 033/08	Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 14 September 2007 in the case of Celina Nguyen v The Norwegian State, represented by the Ministry of Justice and the Police (Case E-8/07)	10

	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY
	Commission
2008/C 033/09	Prior notification of a concentration (Case COMP/M.5033 — Philips/Respironics) ( 1 )	11

2008/C 033/10	Prior notification of a concentration (Case COMP/M.4799 — OMV/MOL) ( 1 )	12

2008/C 033/11	Prior notification of a concentration (Case COMP/M.4990 — Euler Hermes/OeKB/JV) ( 1 )	13