9.2.2011   

EN

Official Journal of the European Union

C 40/1

9.2.2011   

EN

Official Journal of the European Union

C 40/5

9.2.2011   

EN

Official Journal of the European Union

C 40/9

9.2.2011   

EN

Official Journal of the European Union

C 40/11

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6107. EUR-Lex is the on-line access to the European law.

9.2.2011   

EN

Official Journal of the European Union

C 40/11

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6055. EUR-Lex is the on-line access to the European law.

9.2.2011   

EN

Official Journal of the European Union

C 40/12

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5986. EUR-Lex is the on-line access to the European law.

9.2.2011   

EN

Official Journal of the European Union

C 40/12

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6099. EUR-Lex is the on-line access to the European law.

9.2.2011   

EN

Official Journal of the European Union

C 40/13

0.1.1.

The conduct of members of staff shall neither hinder their independence and impartiality nor harm the ECB’s reputation. Members of staff shall:

0.1.2.

The privileges and immunities enjoyed by members of staff under the Protocol on the Privileges and Immunities of the European Union are accorded solely in the interests of the ECB. These privileges and immunities shall in no way exempt members of staff from fulfilling their private obligations or from complying with the laws and police regulations in force. Whenever privileges and immunities are in dispute, members of staff concerned shall immediately inform the ECB’s Executive Board.

0.1.3.

Members of staff who are seconded or on leave from another organisation or institution shall be integrated into the staff of the ECB, shall have the same obligations and rights as other members of staff, and shall perform their duties solely for the benefit of the ECB.

0.3.1.

Members of staff shall refrain from making unauthorised disclosure of any classified information that they have received in the context of their work at the ECB to any person outside the ECB, including their family members, and to colleagues inside the ECB who do not need the information to perform their duties, unless that information has already been made public or is accessible to the public.

0.3.2.

Authorisation to make disclosure of information within and outside the ECB shall be obtained in accordance with the rules on management and confidentiality of documents in the Business Practice Handbook.

0.3.3.

Authorisation to make disclosure shall be granted to a member of staff where they have to give evidence, whether as a witness in legal proceedings or otherwise, and where a refusal to give evidence could incur criminal liability. As an exception, authorisation to make disclosure shall not be necessary if a member of staff is summoned to give evidence before the Court of Justice of the European Union in a case between the ECB and a current or former member of staff.

0.4.1.

Members of staff shall comply with their superiors’ instructions and with applicable reporting lines.

0.4.2.

Members of staff shall not require other staff to perform private tasks for them or for others.

0.4.3.

Members of staff shall behave loyally towards their colleagues. In particular, members of staff shall neither withhold from other members of staff information that may affect the conduct of business, particularly to gain a personal advantage, nor provide false, inaccurate or exaggerated information. Moreover, they shall not obstruct or refuse to cooperate with colleagues.

0.7.1.

Without prejudice to the obligations of members of staff under Decision ECB/2004/11 of 3 June 2004 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption, and any other illegal activities detrimental to the European Communities’ financial interests and amending the Conditions of Employment for Staff of the European Central Bank (1), members of staff shall report to the ECB and/or to the Ethics Officer if they have knowledge of or a well-founded suspicion of money laundering, terrorist financing, insider trading, fraud or corruption in the conduct of their professional duties by another member of staff or by any supplier of goods or services to the ECB.

0.7.2.

In all other cases, members of staff may report to the ECB and/or to the Ethics Officer if they have knowledge of or a well-founded suspicion of a breach of professional duty by another member of staff or by any supplier of goods or services to the ECB.

0.7.3.

Members of staff shall in no way be subject to inequitable or discriminatory treatment, intimidation, retaliation or victimisation as a result of having reported their knowledge of or well-founded suspicion of a breach of professional duty.

0.7.4.

The identity of members of staff who so request shall be protected when reporting their knowledge of or well-founded suspicion of a breach of professional duty.

0.10.1.

A ‘gift’ is any benefit or advantage, whether financial or in kind, which is connected in any way with the member of staff’s employment with the ECB and which is not the agreed compensation for services delivered, whether given by or offered to the member of staff or to any member of their family or to their personal acquaintances or professional associates.

0.10.2.

Members of staff may neither solicit nor accept any gifts with the following exceptions:

Members of staff shall endeavour to return to its source any gift received against the applicable rules and inform such source of the ECB rules in this respect. If the return of a gift is not possible, members of staff shall hand it over to the ECB. Members of staff shall report any gift received or refused in the template provided on the Intranet, except gifts in (b) above and gifts of up to EUR 10.

0.10.3.

The acceptance of a gift shall not, in any event, impair or influence the objectivity and freedom of action of the member of staff and shall not create an inappropriate obligation or expectation on the part of the recipient or the provider.

0.10.4.

Members of staff shall neither solicit nor accept gifts from participants in a procurement procedure.

0.10.5.

The acceptance of frequent gifts from the same source is prohibited.

0.10.6.

Members of staff shall report any gifts received by family members from sources connected in any way with the member of staff’s employment with the ECB.

0.12.1.

Members of staff shall not engage in private activities which might, in any way, impair the performance of their duties towards the ECB and, in particular, might be a source of conflict of interest.

0.12.2.

Without prejudice to the preceding paragraph, members of staff may engage in unremunerated private activities such as the simple conservative management of family assets and activities in domains such as culture, science, education, sport, charity, religion, social or other benevolent work, which do not have a negative impact on the member of staff’s obligations to the ECB and/or are not a likely source of conflict of interest.

0.12.3.

Members of staff shall obtain the ECB’s authorisation for any other private activities. These include:

In deciding whether to grant authorisation to engage in these private activities, the ECB shall have regard for whether the activity has a negative impact on the member of staff’s duties towards the ECB and, in particular, whether it is a likely source of conflict of interest.

0.12.4.

Without prejudice to the preceding paragraphs, members of staff may engage in political activities. Members of staff shall refrain from making use of their function and capacity at the ECB when engaging in political activities and shall avoid allowing their personal views to be seen as reflecting the views of the ECB.

0.12.5.

Members of staff who intend to stand for public office shall notify the ECB, which shall decide, having regard to the interest of the service, whether the member of staff concerned:

0.12.6.

Members of staff who are elected or appointed to public office shall immediately inform the ECB, which, having regard to the interest of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out the duties of the office, shall take one of the decisions referred to in the preceding paragraph. If the member of staff is required to take leave on personal grounds or is authorised to discharge their duties on a part-time basis, the period of such leave or part-time work shall correspond to the member of staff’s term of office.

0.12.7.

Private activities shall be carried out outside working hours. On an exceptional basis, the ECB may approve derogations from this rule.

0.12.8.

The ECB may, at any time, require the termination of private activities that do not or no longer comply with the provisions of the preceding paragraphs.

0.16.1.

Members of staff shall be mindful of the ECB’s independence, reputation and the need to maintain professional secrecy in their relations with any external party. In the performance of their duties, members of staff shall neither seek nor take instructions from any government, authority, organisation or person outside the ECB. Members of staff shall inform their management of any inappropriate attempt by a third party to influence the ECB in the performance of its tasks.

0.16.2.

Members of staff shall comply with the ECB’s rules for public access to information and take due note of the European Code of Good Administrative Behaviour in their relations with the public.

0.16.3.

Members of staff shall conduct their relations with their colleagues at NCBs of the European System of Central Banks (ESCB) in a spirit of close mutual cooperation. Such cooperation shall be guided by the principles of non-discrimination, equal treatment and the avoidance of national bias. In any relationship with an NCB, members of staff shall bear in mind their obligations towards the ECB and the impartial role of the ECB within the ESCB.

0.16.4.

Members of staff shall maintain caution in their relations with interest groups and the media, in particular on issues related to their professional activities, and be mindful of the ECB's interests. Members of staff shall refer all requests for information related to their professional activities by representatives of the media to the Directorate Communications and comply with the relevant provisions in the Business Practice Handbook.

0.17.1.

Members of staff shall refrain from using or attempting to use information which pertains to the activities of the ECB, and which has not been made public or is not accessible to the public, to further their own or another’s private interests. Members of staff are specifically prohibited from taking advantage of such information in any financial transaction or in recommending or advising against such transactions. This obligation shall continue to apply after the termination of employment with the ECB.

0.17.2.

Members of staff may only engage in short-term trading in assets or rights provided that, prior to such transactions, the Ethics Officer is satisfied about the non-speculative nature and the justification for such transactions.

0.17.3.

Members of staff shall keep records for the previous and current calendar years of all of the following:

In order to monitor compliance with Article 0.17.1 and 0.17.2, at the request of the Directorate General HR, Budget and Organisation members of staff shall provide the documentation referred to above for a period of six consecutive months, as specified in the request.

The obligations of members of staff under this Article shall continue to apply for one year after the termination of their employment with the ECB.

0.17.4.

Members of staff who, by virtue of their duties, are deemed to have access to inside information about the ECB’s monetary policy, exchange rate issues, the ESCB’s financial operations, the ESCB’s financial stability analysis, pre-release statistics, activities of the ESRB or any other market sensitive information shall refrain from making financial investment transactions in any of the following:

Investments existing at a time when a member of staff falls under the scope of this provision may be maintained or changed if the member of staff:

The obligations of members of staff provided for in this Article shall continue to apply for one year after a member of staff has ceased to belong to the category of staff that is deemed to have access to inside information referred to in paragraph 1.

0.17.5.

Members of staff who, by virtue of their duties, are deemed to have access to inside information about the ECB’s monetary policy or exchange rate issues shall refrain from making any financial investment transaction during the period of seven days preceding the first Governing Council meeting of a calendar month.

9.2.2011   

EN

Official Journal of the European Union

C 40/18

9.2.2011   

EN

Official Journal of the European Union

C 40/19

1.

The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement.

2.

The Advisory Committee agrees with the European Commission's assessment of the product and the geographic area affected by the cartel.

3.

The Advisory Committee agrees with the European Commission's assessment that the cartel constitutes a single and continuous infringement.

4.

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

5.

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

6.

The Advisory Committee agrees with the European Commission's assessment of the applications made under the 2002 Leniency Notice.

7.

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

9.2.2011   

EN

Official Journal of the European Union

C 40/19

1.

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

2.

The Advisory Committee agrees with the Commission on the proposed decision as regards immunity and the rejection of any reduction of the fines, based on the 2002 Leniency Notice.

3.

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

4.

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

9.2.2011   

EN

Official Journal of the European Union

C 40/20

9.2.2011   

EN

Official Journal of the European Union

C 40/22

(1)

The addressees of the Decision are companies involved in the supply of aluminium fluoride who infringed Article 81 of the EC Treaty and Article 53 of the EEA Agreement whereas they agreed on a target price increase for aluminium fluoride and examined various regions world-wide, including Europe, to establish a general price level and, in some cases, a market division. They also exchanged commercially sensitive information. The geographic scope of the infringement was world-wide. The infringement lasted from 12 July 2000 to 31 December 2000.

(2)

In March 2005, Boliden informed the Commission of the cartel among producers of aluminium fluoride and applied for immunity pursuant to the 2002 Leniency Notice. In April 2007, Fluorsid filed an application under the Leniency Notice.

(3)

In May 2005, the Commission carried out unannounced inspections at the premises of European producers of aluminium fluoride. In August 2006, the Commission interviewed a former employee of the immunity applicant. Between September 2006 and February 2007, the Commission sent requests for information to the undertakings concerned. On 24 April 2007, the Commission initiated proceedings and adopted a Statement of Objection. An Oral Hearing was held on 13 September 2007. All parties exercised their right to be heard. On 11 and 14 April 2008, further requests for information were sent.

(4)

The Advisory Committee on Restrictive Practices and Dominant Positions issued its favourable opinions on 12 June 2008 and 20 June 2008. The Decision was adopted on 25 June 2008.

(5)

Aluminium fluoride is the chemical compound with the formula AlF3. Adding aluminium fluoride to the production process of primary aluminium lowers the consumption of electricity required in the smelting process and thereby considerably contributes to the reduction of production costs of aluminium. Energy is a major cost factor in aluminium production.

(6)

The aluminium fluoride producers to whom the Decision is addressed, met on 12 July 2000 in Milan. During this meeting, they agreed on a world-wide target price increase of aluminium fluoride and examined various regions world-wide (Europe, South America, North America, Australia and ‘other markets’, e.g. including Turkey) to establish a general price level and in some cases a market division. They also exchanged commercially sensitive information. In the second half of year 2000, the addressees of the Decision engaged in bilateral contacts during which the cartel arrangements were monitored in view of their implementation.

(7)

The Decision concludes that on 12 July 2000, addressees of the Decision reached an agreement or engaged in a concerted practice in violation of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. The infringement lasted from 12 July 2000 until 31 December 2000. All addressees are liable for the infringement for the entire infringement period. The geographic scope of the infringement is world-wide.

(8)

The Decision is addressed to Boliden Odda A/S (Norway), Fluorsid SpA (Italy), Minmet Financing Company SA (Switzerland), Société des Industries Chimiques du Fluor (Tunisia), Industrial Quimica de Mexico, SA de C.V. (Mexico) and QB Industrial, S.A.B de C.V. (Mexico).

(9)

The scope of the cartel was world-wide and the cartel members’ market shares on the world-wide market were not proportionally reflected in their sales of aluminium fluoride within the EEA. The Commission therefore applied point 18 of the 2006 Guidelines on fines so that the starting amounts would reflect the nature of the infringement, its actual impact on the market and the scope of the geographic market covered by the collusive behaviour of the parties and the economic capacity of the members of the cartel to harm competition within the EEA. Each addressee’s relative shares of the addressees’ total sales in the geographic area covered by the cartel (wider than the EEA) were used to determine a value of sales of aluminium fluoride within the EEA for each of the addressees of the Decision.

(10)

The Commission, having considered the circumstances of the case, in particular the nature of the infringement and its geographic scope, set the proportion of the value of sales to be used to establish the basic amount to 17 %.

(11)

The infringement lasted from 12 July 2000 until 31 December 2000, less than six months. As a result, the multiplying factor applied to the amount determined on the basis of the value of sales was 0,5. This applied to all addressees.

(12)

For the purpose of deterring undertakings from entering into horizontal price fixing agreements such as the one that was at issue, the basic amount of the fines to be imposed was increased by an additional amount. Having considered the circumstances of the case and, in particular, the nature of the infringement and its geographic scope, it is concluded that an additional amount of 17 % of the value of sales would be appropriate.

(13)

There are no aggravating circumstances to consider.

(14)

Parties have argued for the application of a series of mitigating circumstances such as a the lack of serious nature of the infringement, the non-implementation, lack of effect and limited duration of the cartel arrangements, the passive role in the cartel and the effective cooperation outside the Leniency Notice. These claims were rejected in the Decision.

(15)

The Commission did not consider it necessary, in order to ensure a sufficient deterrent effect, to apply a multiplying factor to the fines to be imposed.

(16)

The final individual amounts of the fines calculated prior to the application of the Leniency Notice were below 10 % of the worldwide turnover of the addressees of the Decision.

(17)

Boliden was the first to inform the Commission about a worldwide secret cartel for aluminium fluoride. Boliden cooperated fully with the Commission throughout the administrative procedure and fulfilled the other criteria in the 2002 Leniency Notice relevant to immunity. Boliden was therefore granted immunity from any fines that would otherwise have been imposed on it.

(18)

In April 2007, Fluorsid filed an application under the Leniency Notice. The Commission did not consider that the evidence submitted constituted significant added value within the meaning of the 2002 Leniency Notice. Fluorsid's application for a reduction of the fines was rejected.

(19)

The Decision concluded that the following undertakings have infringed Article 81 of the Treaty and Article 53 of the EEA Agreement by participating, from 12 July 2000 until 31 December 2000, in an agreement and/or concerted practice in the aluminium fluoride sector:

(20)

The following fines are imposed:

(21)

The undertakings listed in recital 19 were ordered to immediately bring to an end the infringements referred to in that recital in so far as they had not already done so and to refrain from repeating any act or conduct described in that recital, and from any act or conduct having the same or similar object or effect.

9.2.2011   

EN

Official Journal of the European Union

C 40/24

1.

On 2 February 2011, 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 Assa Abloy AB (Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Cardo AB (Sweden) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6117 — Assa Abloy/Cardo, to the following address:

9.2.2011   

EN

Official Journal of the European Union

C 40/25

1.

On 2 February 2011, 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 Citigroup Inc (‘Citi’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Maltby Acquisitions Limited (‘MAL’, UK), which holds all the share capital of EMI Group Ltd (‘EMI’, UK) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6137 — Citigroup Inc/Maltby Acquisitions Limited, to the following address: