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ISSN 1725-2423 doi:10.3000/17252423.C_2011.180.eng |
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Official Journal of the European Union |
C 180 |
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English edition |
Information and Notices |
Volume 54 |
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Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2011/C 180/01 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections ( 1 ) |
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2011/C 180/02 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections ( 2 ) |
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2011/C 180/03 |
Non-opposition to a notified concentration (Case COMP/M.6227 — Caisse des Dépôts et Consignations/Predica/Scor/SCI BRP 1) ( 1 ) |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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European Commission |
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2011/C 180/15 |
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2011/C 180/16 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2011/C 180/17 |
Prior notification of a concentration (Case COMP/M.6264 — Rhône Capital/Triton/Evonik carbon black business) ( 1 ) |
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(1) Text with EEA relevance |
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(2) Text with EEA relevance, except for products falling under Annex I to the Treaty |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/1 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2011/C 180/01
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Date of adoption of the decision |
26.1.2011 |
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Reference number of State Aid |
N 240/10 |
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Member State |
Sweden |
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Region |
Västernorrlands Län |
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Title (and/or name of the beneficiary) |
Stöd för Domsjö-projektet |
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Legal basis |
Förordning (1988:764) om statligt stöd till näringslivet Förordning (2008:761) om statligt stöd till forskning, utveckling och innovation på energiområdet |
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Type of measure |
Individual aid |
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Objective |
Research and development |
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Form of aid |
Direct grant |
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Budget |
Overall budget: SEK 500 million |
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Intensity |
21 % |
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Duration (period) |
Until 2020 |
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Economic sectors |
Manufacturing industry |
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Name and address of the granting authority |
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Other information |
— |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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Date of adoption of the decision |
5.4.2011 |
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Reference number of State Aid |
N 405/10 |
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Member State |
Italy |
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Region |
Sicilia |
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Title (and/or name of the beneficiary) |
3 Sun Srl |
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Legal basis |
D.M. 24.1.2008 GURI n. 56 del 6 marzo 2008 |
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Type of measure |
Individual aid |
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Objective |
Regional development |
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Form of aid |
Direct grant |
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Budget |
Overall budget: EUR 49 million |
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Intensity |
13 % |
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Duration (period) |
Until 31.12.2012 |
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Economic sectors |
Electrical and optical equipment |
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Name and address of the granting authority |
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Other information |
— |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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Date of adoption of the decision |
9.3.2011 |
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Reference number of State Aid |
N 494/10 |
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Member State |
Italy |
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Region |
Veneto |
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Title (and/or name of the beneficiary) |
POR 2007-2013 FESR — Ob. «Competitività Regionale e Occupazione» Asse 2 «Energia» Az. 2.1.2. Finanziamento di reti di teleriscaldamento |
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Legal basis |
Deliberazione della Giunta Regionale del Veneto n. 3131 del 9 ottobre 2007 [presa d'atto della decisione della Commissione europea di adozione del POR FESR (2007-2013)]; Deliberazione della Giunta Regionale del Veneto n. 919 del 23 marzo 2010 (approvazione avviso pubblico per manifestazioni di interesse per il finanziamento di reti di teleriscaldamento) |
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Type of measure |
Aid scheme |
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Objective |
Environmental protection, Energy saving, Regional development |
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Form of aid |
Direct grant |
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Budget |
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Intensity |
50 % |
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Duration (period) |
Until 31.12.2015 |
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Economic sectors |
All sectors |
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Name and address of the granting authority |
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Other information |
— |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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Date of adoption of the decision |
23.2.2011 |
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Reference number of State Aid |
N 495/10 |
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Member State |
France |
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Region |
France |
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Title (and/or name of the beneficiary) |
Aide à la protection sociale complémentaire des agents de la fonction publique territoriale |
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Legal basis |
Article 39 de la loi no 2007-148, du 2 février 2007 de modernisation de la fonction publique — Article 22 bis de la loi no 83-634, du 13 juillet 1983 portant droits et obligations des fonctionnaires Projet de décret relatif à la participation des collectivités territoriales et de leurs établissements publics au financement de la protection sociale complémentaire de leurs agents |
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Type of measure |
Aid scheme |
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Objective |
Social support to individual consumers |
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Form of aid |
Direct grants |
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Budget |
Annual budget: EUR 56,7 million |
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Intensity |
— |
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Duration (period) |
6 years |
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Economic sectors |
Other services — Insurance |
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Name and address of the granting authority |
Collectivités territoriales et leurs établissements publics |
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Other information |
— |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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Date of adoption of the decision |
15.3.2011 |
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Reference number of State Aid |
SA.31107 (11/N) |
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Member State |
Finland |
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Region |
— |
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Title (and/or name of the beneficiary) |
Tuki tuulivoimaan ja biokaasuun perustuvalle energiantuotannolle/Driftstöd till elproduktion från vindkraft och biogas |
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Legal basis |
Laki uusiutuvilla energialähteillä tuotetun sähkön tuotantotuesta (1396/2010)/Lagen om stöd till produktion av el från förnybara energikällor (1396/2010) |
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Type of measure |
Aid scheme |
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Objective |
Environmental protection |
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Form of aid |
Direct grant |
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Budget |
Overall budget: EUR 1 363 million |
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Intensity |
— |
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Duration (period) |
Until 1.4.2021 |
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Economic sectors |
Energy |
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Name and address of the granting authority |
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Other information |
— |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/5 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2011/C 180/02
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Date of adoption of the decision |
13.5.2011 |
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Reference number of State aid |
SA.31863 (N 507/10) |
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Member State |
Italy |
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Region |
Friuli-Venezia Giulia |
Mixed |
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Title (and/or name of the beneficiary) |
Regolamento provinciale per la concessione di contributi per l'incremento della produzione legnosa, ai sensi dell'art. 12, comma 2, lettera e) della legge regionale 27 novembre 2006, n. 24 |
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Legal basis |
Articolo 12, comma 2, lettera e) della Legge regionale 27 novembre 2006, n. 24 «Conferimento di funzioni e compiti amministrativi agli Enti locali in materia di agricoltura, foreste, ambiente, energia, pianificazione territoriale e urbanistica, mobilita', trasporto pubblico locale, cultura, sport» Deliberazione del Consiglio provinciale n. 41 del 28 luglio 2010«Approvazione regolamento provinciale per la concessione di contributi per l'incremento della produzione legnosa» |
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Type of measure |
Scheme |
— |
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Objective |
Forestry |
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Form of aid |
Direct grant |
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Budget |
Overall budget: EUR 0,84 million |
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Intensity |
40 % |
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Duration (period) |
Until 31.12.2013 |
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Economic sectors |
Forestry and logging |
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Name and address of the granting authority |
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Other information |
— |
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The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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Date of adoption of the decision |
13.5.2011 |
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Reference number of State aid |
SA.32469 (11/N) |
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Member State |
Italy |
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Region |
— |
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Title (and/or name of the beneficiary) |
Metodo di calcolo dell'ESL connessa a prestiti agevolati erogati da ISMEA tramite il proprio Fondo di credito |
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Legal basis |
— |
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Type of measure |
Scheme |
— |
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Objective |
— |
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Form of aid |
Soft loan (including details of how the loan is secured) |
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Budget |
— |
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Intensity |
0 % |
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Duration (period) |
1.6.2011-1.6.2020 |
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Economic sectors |
Agriculture, forestry and fishing |
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Name and address of the granting authority |
Ministero delle Politiche Agricole Alimentari e Forestali |
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Other information |
— |
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The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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Date of adoption of the decision |
11.5.2011 |
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Reference number of State aid |
SA.32713 (11/N) |
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Member State |
Netherlands |
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Region |
Nederland |
— |
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Title (and/or name of the beneficiary) |
Staatssteunmelding Productschap Tuinbouw, sector Groenten en Fruit |
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Legal basis |
Verordening PT bijzondere heffing verduurzaamde groenten en fruit 2009 Verordening PT heffing eetbare paddenstoelen en uitgangsmateriaal van groenten 2009 Verordening PT heffing glasgroenten en fruit 2009 Verordening PT bijzondere heffing teelt glasgroenten 2009 Verordening PT bijzondere heffing handel groenten en fruit 2009, zoals gewijzigd d.d. 6 juli 2010 (bijlage) Verordening PT bijzondere heffing teelt groenten en fruit 2009 Wijziging III Verordening Div. heffingsverordeningen groenten en fruit 2009. |
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Type of measure |
Scheme |
— |
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Objective |
Advertising (AGRI) |
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Form of aid |
Subsidised services |
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Budget |
Annual budget: EUR 59 million |
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Intensity |
100 % |
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Duration (period) |
1.9.2011-1.9.2017 |
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Economic sectors |
Agriculture, forestry and fishing |
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Name and address of the granting authority |
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Other information |
— |
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The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/8 |
Non-opposition to a notified concentration
(Case COMP/M.6227 — Caisse des Dépôts et Consignations/Predica/Scor/SCI BRP 1)
(Text with EEA relevance)
2011/C 180/03
On 15 June 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:
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— |
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, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6227. EUR-Lex is the on-line access to the European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/9 |
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/639/CFSP, as amended by Decision 2011/357/CFSP, and in Council Regulation (EC) No 765/2006, as amended by Regulation (EU) No 588/2011 concerning restrictive measures against Belarus apply
2011/C 180/04
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of persons and entities that appear in Annex IIIA to Council Decision 2010/639/CFSP, as amended by Decision 2011/357/CFSP (1), and in Annex IA to Council Regulation (EC) No 765/2006, as amended by Regulation (EU) No 588/2011 (2) concerning restrictive measures against Belarus.
The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Decision 2010/639/CFSP and in Regulation (EC) No 765/2006 concerning restrictive measures against Belarus. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:
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Council of the European Union |
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General Secretariat |
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TEFS Coordination |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
The attention of the persons concerned is also drawn to the possibility of challenging the Council’s Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.
(1) OJ L 161, 21.6.2011, p 25.
European Commission
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/10 |
Euro exchange rates (1)
20 June 2011
2011/C 180/05
1 euro =
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Currency |
Exchange rate |
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USD |
US dollar |
1,4235 |
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JPY |
Japanese yen |
114,24 |
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DKK |
Danish krone |
7,4594 |
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GBP |
Pound sterling |
0,87950 |
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SEK |
Swedish krona |
9,1708 |
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CHF |
Swiss franc |
1,2039 |
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ISK |
Iceland króna |
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NOK |
Norwegian krone |
7,9265 |
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BGN |
Bulgarian lev |
1,9558 |
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CZK |
Czech koruna |
24,125 |
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HUF |
Hungarian forint |
269,00 |
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LTL |
Lithuanian litas |
3,4528 |
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LVL |
Latvian lats |
0,7090 |
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PLN |
Polish zloty |
3,9898 |
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RON |
Romanian leu |
4,2710 |
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TRY |
Turkish lira |
2,2940 |
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AUD |
Australian dollar |
1,3528 |
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CAD |
Canadian dollar |
1,4004 |
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HKD |
Hong Kong dollar |
11,0946 |
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NZD |
New Zealand dollar |
1,7662 |
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SGD |
Singapore dollar |
1,7617 |
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KRW |
South Korean won |
1 545,80 |
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ZAR |
South African rand |
9,6628 |
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CNY |
Chinese yuan renminbi |
9,2216 |
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HRK |
Croatian kuna |
7,3850 |
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IDR |
Indonesian rupiah |
12 267,45 |
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MYR |
Malaysian ringgit |
4,3267 |
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PHP |
Philippine peso |
62,193 |
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RUB |
Russian rouble |
40,1025 |
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THB |
Thai baht |
43,559 |
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BRL |
Brazilian real |
2,2869 |
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MXN |
Mexican peso |
16,9910 |
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INR |
Indian rupee |
64,0680 |
(1) Source: reference exchange rate published by the ECB.
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/11 |
COMMISSION DECISION
of 17 June 2011
amending the Commission Decision of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies
2011/C 180/06
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1),
Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (2),
Whereas:
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(1) |
The definition of authorising officer by delegation responsible for decision-making in Article 2 of the Commission Decision of 16 December 2008 on the Early Warning System (‘EWS’) for the use of authorising officers of the Commission and the executive agencies includes authorising officers by subdelegation within the meaning of Article 59 of the Financial Regulation exercising the function of director. |
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(2) |
Since the heads of Union delegations may act as authorising officers by subdelegation for the implementation of appropriations from the Commission Section entrusted to them by subdelegation, they must be included in the definition of authorising officer by delegation responsible for decision-making in the EWS as Commission authorising officers by subdelegation, |
HAS DECIDED AS FOLLOWS:
Article 1
The Commission Decision of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies is amended as follows:
The second indent of Article 2 is replaced by the following:
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‘— |
“AOD responsible” means authorising officer by delegation of the Commission within the meaning of Article 59 of the Financial Regulation responsible in accordance with the internal rules for the implementation of the general budget of the European Communities (hereinafter “the budget”), including directors of executive agencies, authorising officers by subdelegation within the meaning of Article 59 of the Financial Regulation exercising the function of director, and the heads of Union Delegations acting as Commission authorising officers by subdelegation in accordance with Article 59(2) of the Financial Regulation.’ |
Article 2
This Decision shall apply from the time of its adoption.
Article 3
This Decision shall be published for information purposes in the Official Journal of the European Union.
It shall be annexed to the Internal Rules for the implementation of the general budget of the European Communities.
Done at Brussels, 17 June 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 248, 16.9.2002, p. 1.
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/12 |
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 7 May 2010 concerning a preliminary draft decision relating to Case COMP/38.511 — DRAMs
Rapporteur: Czech Republic
2011/C 180/07
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1. |
The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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2. |
The Advisory Committee agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
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3. |
The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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4. |
The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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5. |
The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between Member States of the EU. |
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6. |
The Advisory Committee agrees with the Commission's assessment as regards the duration of the infringement. |
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7. |
The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable in this case. |
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8. |
The Advisory Committee agree with the Commission's assessment as regards the mitigating circumstances. |
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9. |
The Advisory Committee agrees with the Commission on the application of the 2002 Leniency Notice. |
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10. |
The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
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11. |
The Advisory Committee agrees with the Commission on the specific increase of the basic amount of the fines, for three of the addressees of the Decision, so as to ensure a sufficiently deterrent effect. |
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12. |
The Advisory Committee agrees with the Commission on the decrease of the basic amount of the fines, for three of the addressees of the Decision, on the basis of a mitigating circumstance. |
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13. |
The Advisory Committee agrees with the Commission as regards the amounts of reductions of the fines based on the 2002 Commission Notice on immunity from fines and reduction of fines in cartel cases. |
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14. |
The Advisory Committee agrees with the Commission on the final amounts of the fines. |
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15. |
The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
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21.6.2011 |
EN |
Official Journal of the European Union |
C 180/13 |
Final report of the Hearing Officer (1)
COMP/38.511 — DRAMs
2011/C 180/08
This case concerns a cartel between 10 undertakings producing memory chips (2). The undertakings are alleged to have coordinated and monitored prices for DRAMs (Dynamic Random Access Memory) and for R-DRAMs (Rambus Dynamic Random Access Memory) sold to major PC/server Original Equipment Manufacturers (OEMs). The overall cartel infringement started as from 1 July 1998 and lasted until 15 June 2002 (3).
It is the first case in which the Commission adopts an infringement decision pursuant to the settlement procedure (4).
Background
The case was triggered by an immunity application submitted in August 2002 by Micron Technology Inc., which was granted conditional immunity on 16 December 2002. Subsequently, between December 2003 and February 2006, Infineon, Hynix, Samsung, Elpida and NEC applied for leniency. No inspections were carried out.
The Commission initiated proceedings against Micron, Infineon, Hynix, Samsung, Elpida, NEC, Hitachi, Mitsubishi, Toshiba and Nanya on 10 February 2009 pursuant to Article 11(6) of Regulation (EC) No 1/2003 (5). Subsequently, on 13 February 2009, the parties were invited to indicate in writing whether they were prepared to engage in discussions with a view to introduce settlement submissions (6). All parties accepted the invitation and bilateral settlement discussions followed suit with the Directorate-General for Competition.
The settlement procedure
The settlement discussions were organised in three main phases between April and November 2009 during which period three rounds of formal bilateral meetings took place between the Commission and each of the parties. Generally, the Commission was represented at these meetings by the case team led by a senior official and a member of the Hearing Office as well as the Legal Service.
During the first round of meetings, the parties were orally informed of the objections that the Commission envisaged to raise against them as well as evidence supporting those objections. The parties were also informed of the identity of the other parties, whether or not those parties are leniency applicants, and the fact that they were also involved in settlement discussions. Following this first meeting, the parties were given access at the Directorate-General for Competition's premises to the relevant evidence and oral statements. Parties were also given access to the list of all documents in the Commission’s file in order to enable them to request further access should they so deem necessary to be able to ascertain, notably, their respective position regarding a time period or any other aspect of the cartel. Two parties requested further access to the Commission's file, which was considered justified and granted. However, at this stage no evidence could be taken away from the Commission premises.
A second round was then organised at which the envisaged objections were further discussed in light of the evidence to which access had been granted. The purpose of the second round of meetings was to reach a common understanding between the Commission and the parties with regard to, in particular, the scope and duration of the alleged cartel. By the end of this second round of meetings all parties concerned considered that there was sufficient common understanding with regard to the potential scope and duration of the cartel to continue the settlement discussions. The parties were hence provided with a CD-Rom containing the relevant evidence for review, as well as the list of all documents in the Commission's investigation file.
During the third round, the parties were informed of the range of likely fines to be imposed by the Commission within the framework of the settlement procedure. More particularly, each party was informed, in general terms, of the practical application of the Fining Guidelines in this case. In addition, the parties were given a deadline to introduce their settlement submissions.
Subsequently, all parties introduced formal settlement submissions in which they clearly and unequivocally acknowledged their respective liability for an infringement of Article 101 TFEU and Article 53 of the EEA Agreement. In the settlement submissions, the parties also confirmed (i) that they had been sufficiently informed of the objections the Commission envisaged raising against them and that they had been given sufficient opportunity make their views known thereupon, (ii) that they did not envisage requesting access to file or to be heard in an oral hearing, subject to the condition that the Statement of Objections and the final Decision would reflect their settlement submissions and (iii) that they agreed to receive the Statement of Objections (SO) and the final decision in English.
The Commission adopted, on 4 February 2010, an SO reflecting the parties’ settlement submissions, which was notified to the parties at the Directorate-General for Competition’s premises. Subsequently, and due to a clerical error, the parties were notified of a correction to the SO that had been adopted on 16 February 2010.
All parties confirmed in their reply that the SO corresponded to the content of their settlement submissions and that they remain committed to the settlement procedure. The Commission could therefore proceed directly to a decision pursuant to Articles 7 and 13 of Regulation (EC) No 1/2003.
The draft decision
The draft decision retains the objections raised in the Statement of Objections and reflects hence also the parties’ respective settlement submissions. Accordingly, the draft decision relates only to objections in respect of which the parties have been afforded the opportunity to make known their views.
In view of the above and taking into account that the parties have not addressed any issues concerning access to file or their rights of defence to me or to the member of the Hearing Office attending the settlement meetings, I consider that the right to be heard of all participants to the proceedings has been respected in this case.
Brussels, 10 May 2010.
Michael ALBERS
(1) Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).
(2) Elpida, Hitachi, Hynix, Infineon, Micron, Mitsubishi, Nanya, NEC, Samsung and Toshiba (each undertaking forms a group of company).
(3) With regard to R-DRAMs, the cartel started on 9 April 2001.
(4) Commission Regulation (EC) No 622/2008 amending Regulation (EC) No 773/2004 as regards the conduct of settlement procedures in cartel cases (OJ L 171, 1.7.2008, p. 3), and Commission Notice on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).
(5) Proceedings were also formally initiated against relevant subsidiaries of the undertakings concerned on 8 April 2009.
(6) Article 10(a)(1) of Regulation (EC) No 773/2004 (OJ L 123, 27.4.2004, p. 18).
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/15 |
Summary of Commission Decision
of 19 May 2010
relating to a proceeding under Article 101 of TFEU (1) and Article 53 of the EEA Agreement
(Case COMP/38.511 — DRAMs)
(notified under document C(2010) 3152 final)
(Only the English, German and French texts versions are authentic)
(Text with EEA relevance)
2011/C 180/09
On 19 May 2010, the Commission adopted a decision relating to a proceeding under Article 101 of the TFEU and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (2), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the decision is available on the Competition Directorate General website at the following address:
http://ec.europa.eu/competition/antitrust/cases/
INTRODUCTION
|
(1) |
The Decision is addressed to 10 undertakings and relates to a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
1. CASE DESCRIPTION
1.1. Procedure
|
(2) |
This case was triggered by an immunity application submitted on 29 August 2002 by Micron. Conditional immunity was granted to Micron in December 2002. Between December 2003 and February 2006, Infineon, Hynix, Samsung, Elpida and NEC applied for leniency to the Commission. The first request for information was sent in March 2003 and a series of requests for information were sent at later stages. |
|
(3) |
The settlement procedure allows the Commission to settle cases through a simplified procedure and was created in June 2008 (3). The settlement discussions in this case took place as from March 2009 after the companies indicated that they were prepared to engage in such discussions. Subsequently, in December 2009, they all introduced formal settlement submissions in which they clearly and unequivocally acknowledged their respective liability for the infringement. A Statement of Objections reflecting the parties’ submissions was notified to them on 8 February this year and the parties all confirmed that its content reflected their submissions and they remained interested in the settlement procedure. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 7 May 2010 and the Commission adopted the Decision on 19 May 2010. |
1.2. Summary of the infringement
|
(4) |
The Decision concerns a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement in the EEA. Parties to the infringement entered into a scheme and/or network of contacts and secret information sharing by which they coordinated their conduct on general pricing levels and quotations to major PC/server Original Equipment Manufacturers (‘OEMs’), ultimately amounting to price coordination vis-à-vis such clients. This was done with the aim of restricting competition in respect of major PC/server OEMs with regard to the sale of Dynamic Random Access Memory (all 10 undertakings) and also for the sale of Rambus DRAMs (only Toshiba, Samsung and Elpida), from 1 July 1998 until 15 June 2002 in respect of DRAMs and from 9 April 2001 until 15 June 2002 in respect of Rambus DRAMs. |
1.3. Addressees and duration in the infringements
|
(5) |
The following undertakings infringed Article 101 of the TFEU and Article 53 of the EEA Agreement by participating, during the periods indicated below, in anti-competitive courses of conduct amounting to price coordination in respect of major PC/server OEMs respectively for DRAM and Rambus DRAM products:
|
1.4. Remedies
|
(6) |
The Decision applies the 2006 Guidelines on Fines (4). With the exception of Micron Technology, Inc., Micron Europe Limited and Micron Semiconductor (Deutschland) GmbH, the Decision imposes fines on all companies listed under recital (5) above. However, the Decision does not take into account Samsung's Rambus DRAMs sales when setting the fine to be imposed on Samsung as set out in recital (13) below. |
1.4.1. Basic amount of the fine
|
(7) |
The basic amount of fine is set at 16 % of the undertakings’ sales of DRAMs (including Rambus DRAMs where applicable) (5) to major PC/server OEMs in the EEA. |
|
(8) |
The basic amount is multiplied by the number of years of participation in the infringement in order to take fully into account the duration of the participation for each undertaking in the infringement individually. |
1.4.2. Adjustments to the basic amount
1.4.2.1.
|
(9) |
There are no aggravating circumstances in this case. |
1.4.2.2.
|
(10) |
Due to mitigating circumstances, the fine for three (out of 10) undertakings were reduced. Hynix received a reduction of 5 % as a result of the very specific circumstances applicable to the undertaking during 2001 (6). Toshiba and Mitsubishi received a reduction of 10 % each as the involvement of both Toshiba and Mitsubishi was much lower than that of other suppliers throughout the relevant period. |
1.4.2.3.
|
(11) |
Based on the size of the undertakings concerned, it is appropriate to apply a multiplier factor to the fines imposed. On that basis, the fine for Hitachi is multiplied by 1.2 while the fine for Samsung and Toshiba is multiplied by 1.1. |
1.4.3. Application of the 10 % turnover limit
|
(12) |
It is not required to adjust the amounts in the light of the undertakings’ turnover in this case. |
1.4.4. Application of the 2002 Leniency Notice
|
(13) |
Micron is granted immunity from fines, Infineon is granted a 45 % reduction of fine, Hynix is granted a 27 % reduction of fine and Samsung, Elpida and NEC are each granted a 18 % reduction of fine. In addition, Samsung is granted a ‘de facto’ immunity in relation to Rambus DRAMs, on top of the reduction within its leniency band in relation to DRAMs. |
2. FINES IMPOSED BY THE DECISION
|
(14) |
For the single and continuous infringement dealt with in this Decision, the following fines are imposed:
|
(1) With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the TFEU. The two sets of provisions are in substance identical. For the purposes of this Decision references to Articles 81 and 82 of the EC Treaty should be now understood as references to Articles 101 and 102 of the TFEU when appropriate.
(2) OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1). With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the TFEU. The two sets of provisions are in substance identical. For the purposes of this Decision references to Articles 81 and 82 of the EC Treaty should be now understood as references to Articles 101 and 102 of the TFEU when appropriate.
(3) Commission Regulation (EC) No 622/2008 of 30 June 2008 amending Regulation (EC) No 773/2004, as regards the conduct of settlement procedures in cartel cases (OJ L 171, 1.7.2008, p. 3) and Commission Notice on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, pp. 1-6).
(5) For the calculation of the fine to be imposed on Micron, Hynix, Infineon, Mitsubishi and Nanya, account was taken only of the value of sales of DRAMs products to the exclusion of Rambus DRAMs products if any. As mentioned, Samsung's Rambus DRAMs sales were moreover not taken into account when calculating the fine to be imposed on Samsung.
(6) As established in earlier Commission proceedings on anti-subsidies in the EU, please refer to Commission Regulation (EC) No 708/2003 of 23.4.2003, para 148 and ff., confirmed by Commission Regulation (EC) No 1408/2003 of 11.8.2003.
NOTICES FROM MEMBER STATES
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/18 |
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
2011/C 180/10
Aid No: SA.33067 (11/XA)
Member State: Spain
Region: Comunidad Valenciana
Title of aid scheme or name of company receiving an individual aid: Prestación servicios a PYMES para la realización del Plan de control de calidad de producción láctea en la Comunitat Valenciana.
Legal basis: Resolución de 2011, de la Cosellera de Agricultura, Pesca y Alimentación, por lo que se concede una subvención nominativa al Centro de Apoyo Tecnológico Lácteo (CEATEL)
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,05 million
Maximum aid intensity: 100 %
Date of implementation: —
Duration of scheme or individual aid award: 1 June 2011-31 December 2011
Objective of aid: Livestock sector (Article 16 of Regulation (EC) No 1857/2006), Production of quality agricultural products (Article 14 of Regulation (EC) No 1857/2006), Technical support (Article 15 of Regulation (EC) No 1857/2006)
Sector(s) concerned: Raising of dairy cattle, Raising of sheep and goats
Name and address of the granting authority:
|
Dir. Gral. Prod. Agraria |
|
Conselleria Agricultura, Pesca y Alimentación |
|
C/ Amadeo de Saboya, 2 |
|
46010 Valencia |
|
ESPAÑA |
Website: http://www.agricultura.gva.es/web/c/document_library/get_file?uuid=adc20f42-0e6b-47b4-b0b6-9ba95ed27ce4&groupId=16
Other information: —
Aid No: SA.33086 (11/XA)
Member State: Netherlands
Region: Limburg (NL)
Title of aid scheme or name of company receiving an individual aid: Veldmakelaars groenblauwe diensten (paragraaf uit de subsidieverordening inrichting landelijk gebied Limburg)
Legal basis: Subsidieverordening inrichting landelijk gebied Limburg
http://portal.prvlimburg.nl/psonline/popups/document.jsp?document=62254
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,10 million
Maximum aid intensity: 100 %
Date of implementation: —
Duration of scheme or individual aid award: 2 June 2011-31 December 2013
Objective of aid: Technical support (Article 15 of Regulation (EC) No 1857/2006)
Sector(s) concerned: Crop and animal production, hunting and related service activities
Name and address of the granting authority:
|
Provincie Limburg |
|
Postbus 5700 |
|
6201 MA Maastricht |
|
NEDERLAND |
Website: http://www.limburg.nl/Beleid/Europa/Kennisgevingen_staatssteun
http://portal.prvlimburg.nl/psonline/popups/document.jsp?document=62254
Other information: —
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/20 |
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products
(Text with EEA relevance)
2011/C 180/11
Aid No: SA.32621 (11/XF)
Member State: Finland
Region/authority granting the aid: Regional fisheries authority (Centre for Economic Development, Transport and the Environment)
Title of aid scheme/name of company receiving ad hoc aid: Ammattikalastajan vesiympäristön hoito-ohjelma
Legal basis: Laki valtion talousarviosta (423/1988); tuki myönnetään eduskunnan maa- ja metsätalousministeriölle valtion talousarviossa kyseiseen tarkoitukseen osoittamasta määrärahasta.
Tuen myöntämisessä, valvonnassa ja takaisinperinnässä noudatetaan valtionavustuslakia (688/2001).
Annual expenditure planned under the scheme or amount of ad hoc aid granted: A maximum of EUR 1 900 000
Maximum aid intensity: 100 % (aid is paid in the form of wages to those taking part in conserving the aquatic environment)
Date of entry into force: No earlier than 1 April 2011
Duration of the scheme or individual aid award (not later than 30 June 2014):
|
— |
the expected date of the last instalment to be paid: Not later than 30 June 2014 |
Objective of the aid: Measures to manage fish stocks and the aquatic environment: To improve the conditions of the fisheries industry and the usability of water bodies by removing low-value fish; collecting data on fish stocks and water quality. To support the removal of as large a quantity of nutrients as possible (phosphorus and nitrogen) from waters affected by eutrophication and the elimination of by-catch discarding.
Indicate which of Article(s) 8 to 24 is used: Article 17 on collective actions (Article 37(a), (j) and (l) of and Annex II, Group 1 of Council Regulation (EC) No 1198/2006) and Article 20 on the development of new markets
Activity concerned: Fishing will remove low-value fish from the lakes and from Baltic coastal waters affected by eutrophication. The measures will remove nutrients (primarily phosphorus and nitrogen), thereby helping to improve water quality and meet the objectives of the HELCOM Baltic Sea Action Plan. The measures will restore balance to the ecosystem by freeing up living space for high-value fish stocks. Improving the living conditions of economically valuable fish will create better conditions for both professional and recreational fishing and will raise productivity. Once water quality is improved, it will be easier to use water bodies also for other purposes (e.g. swimming). The state of the aquatic environment and fish stocks will be observed and reported on.
Name and address of the granting authority: The granting authority may be one or more of the following Centres for Economic Development, Transport and the Environment listed below:
Etelä-Savon elinkeino-, liikenne- ja ympäristökeskus
PL 164
FI-50101 Mikkeli
SUOMI/FINLAND
Hämeen elinkeino-, liikenne- ja ympäristökeskus
PL 131
FI-13101 Hämeenlinna
SUOMI/FINLAND
Kaakkois-Suomen elinkeino-, liikenne- ja ympäristökeskus
PL 1041
FI-45101 Kouvola
SUOMI/FINLAND
Kainuun elinkeino-, liikenne- ja ympäristökeskus
PL 115
FI-87101 Kajaani
SUOMI/FINLAND
Keski-Suomen elinkeino-, liikenne- ja ympäristökeskus
PL 250
FI-40101 Jyväskylä
SUOMI/FINLAND
Lapin elinkeino-, liikenne- ja ympäristökeskus
PL 8060
FI-96101 Rovaniemi
SUOMI/FINLAND
Pohjanmaan elinkeino-, liikenne- ja ympäristökeskus
PL 131
FI-65101 Vaasa
SUOMI/FINLAND
Pohjois-Karjalan elinkeino-, liikenne- ja ympäristökeskus
PL 69
FI-80101 Joensuu
SUOMI/FINLAND
Pohjois-Savon elinkeino-, liikenne- ja ympäristökeskus
PL 2000
FI-70101 Kuopio
SUOMI/FINLAND
Uudenmaan elinkeino-, liikenne- ja ympäristökeskus
PL 36
FI-00521 Helsinki
SUOMI/FINLAND
Varsinais-Suomen elinkeino-, liikenne- ja ympäristökeskus
PL 236
FI-20101 Turku
SUOMI/FINLAND
Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.mmm.fi/fi/index/etusivu/kalastus_riista_porot/elinkeinokalatalous/ammattikalastus.html
http://www.mmm.fi/sv/index/amnesomraden/fiske_vilt_renar/Fiskerinaring/yrkesfiske.html
Motivation: It was decided at national level that Finland's operational programme, approved by Commission Decision C(2007) 3735 of 20 November 2007, could not use the financial support of the European Fisheries Fund for selective fishing projects aimed at managing stocks. Projects of this type can therefore only be financed wholly at national level through funds allocated specifically by the Finnish Parliament.
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/22 |
Information from Hungary concerning implementation of Directive 2008/68/EC of the European Parliament and of the Council
2011/C 180/12
Hungary has informed the Commission according to Article 1(4)(a) of Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (1) that:
|
— |
Hungarian Decree 7/2011 of 8 March 2011 of the Minister for National Development on the transport of agrochemicals and fuels by trailer towed by an agricultural tractor or slow vehicle regulates carriage of dangerous goods not covered by Directive 2008/68/EC, |
|
— |
the Decree applies to vehicles that do not travel at a speed exceeding 40 km/h when transporting dangerous goods, |
|
— |
the Decree establishes packing, operating, construction, marking and training requirements. |
An unofficial English translation of the Decree into English is available upon request from the Commission.
(1) OJ L 260, 30.9.2008, p. 13.
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/23 |
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2011/C 180/13
|
Member State |
France |
|||||||
|
Routes concerned |
Ajaccio–Marseille Bastia–Marseille Calvi–Marseille Figari–Marseille Ajaccio–Nice Bastia–Nice Calvi–Nice Figari–Nice |
|||||||
|
Date of entry into force of the public service obligations |
The day following its publication in the Official Journal of the European Union |
|||||||
|
Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained |
Deliberation No 11/061 AC of 1 April 2011 of the Corsican Assembly authorising the raising of free in and out tariffs on air crossings, published in the compendium of legal acts of the Corsican regional authorities For further information please contact:
|
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/24 |
Information communicated by Member States regarding closure of fisheries
2011/C 180/14
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:
|
Date and time of closure |
14.1.2011 |
|
Duration |
14.1.2011-31.12.2011 |
|
Member State |
Other Member States (AMS quota) (2), at the initiative of Spain |
|
Stock or Group of stocks |
PRA/N3L. |
|
Species |
Northern prawn (Pandalus borealis) |
|
Zone |
NAFO 3L |
|
Type(s) of fishing vessels |
— |
|
Reference number |
477973 |
Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm
(1) OJ L 343, 22.12.2009, p. 1.
(2) All Member States except Estonia, Latvia, Lithuania, Poland and with the exception of Member States which have obtained an individual quota by means of a transfer or an exchange.
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/25 |
CALL FOR PROPOSALS — EAC/13/11
European Policy Network on the Implementation of Key Competences in School Education
2011/C 180/15
1. Objectives and description
The overall aim of this call is to establish a Europe-wide network of relevant organisations in countries participating in the Lifelong Learning Programme. The aim of the network is to develop policy advice for the implementation of the 2006 Recommendation on key competences for lifelong learning in schools. It should address the issues raised by the November 2009 Communication ‘Key Competences for a Changing World’ (1) and stimulate high-level cooperation between Member States’ policymakers responsible for the essential areas of school development.
The network should therefore bring together those organisations, researchers and stakeholder groups whose area of interest and expertise is on school curriculum development, teacher education, assessment and evaluation, learning support and any other area that is seen as crucial for the development of a coherent policy for the promotion of key competences.
The network should examine and bring forward recommendations on what policies can help schools better ensure that all students develop the key competences as set out by the above mentioned Recommendation.
2. Eligible applicants
This call for proposal is open to ministries of education and other public bodies, such as those responsible for curricula, teacher education, assessment and evaluation, research centres and universities, foundations and associations with legal personality and a registered office in one of the countries taking part in the Lifelong Learning Programme (2).
3. Budget and duration
The framework agreement will last from 2012 until 2014.
The total budget earmarked for the co-financing of this network amounts to EUR 500 000 for 2012. Financial assistance from the Commission cannot exceed 75 % of the total eligible costs.
The maximum duration of projects is 36 months.
4. Deadline
Applications must be sent to the Commission no later than 30 September 2011.
5. Further information
The full text of this call for proposals and the application forms are available in English on the following website:
http://ec.europa.eu/dgs/education_culture/calls/index_en.html
Applications must comply with the requirements set out in the full text and be submitted using the form provided.
(1) COM(2009) 640 final.
(2) Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning.
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/26 |
Call for proposals — MOVE/SUB/01-2011 on Road Safety
2011/C 180/16
The European Commission is planning to grant subsidies totalling the indicative amount of EUR 1 000 000 to promote road safety as announced in the 2011 work programme adopted by the European Commission.
Information on this call for proposals is available on the Directorate-General for Mobility and Transport website at the following address:
http://ec.europa.eu/transport/grants/index_en.htm
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
|
21.6.2011 |
EN |
Official Journal of the European Union |
C 180/27 |
Prior notification of a concentration
(Case COMP/M.6264 — Rhône Capital/Triton/Evonik carbon black business)
(Text with EEA relevance)
2011/C 180/17
|
1. |
On 14 June 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 undertakings Rhône Capital (‘Rhône Capital’, USA) and Triton Managers III Limited and TFF III Limited (‘Triton’, Jersey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the carbon black business of Evonik Industries AG (‘Evonik carbon black business’, Germany) 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.6264 — Rhône Capital/Triton/Evonik carbon black business, to the following address:
|
(1) OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).