ISSN 1977-091X |
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Official Journal of the European Union |
C 425 |
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English edition |
Information and Notices |
Volume 58 |
Notice No |
Contents |
page |
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I Resolutions, recommendations and opinions |
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RECOMMENDATIONS |
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European Central Bank |
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2015/C 425/01 |
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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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2015/C 425/02 |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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Council |
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2015/C 425/03 |
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2015/C 425/04 |
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European Commission |
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2015/C 425/05 |
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2015/C 425/06 |
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2015/C 425/07 |
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2015/C 425/08 |
Final Report of the Hearing Officer — Parking heaters (AT.40055) |
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2015/C 425/09 |
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2015/C 425/10 |
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2015/C 425/11 |
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NOTICES FROM MEMBER STATES |
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2015/C 425/12 |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2015/C 425/13 |
Notice of the impending expiry of certain anti-dumping measures |
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2015/C 425/14 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2015/C 425/15 |
Prior notification of a concentration (Case M.7855 — Ageas/AXA Portugal) — Candidate case for simplified procedure ( 1 ) |
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(1) Text with EEA relevance |
EN |
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I Resolutions, recommendations and opinions
RECOMMENDATIONS
European Central Bank
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/1 |
RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 10 December 2015
to the Council of the European Union on the external auditors of Národná banka Slovenska
(ECB/2015/45)
(2015/C 425/01)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:
(1) |
The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union. |
(2) |
The mandate of Národná banka Slovenska’s current external auditors, Ernst & Young Slovakia, spol. s r.o., ended following the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015. |
(3) |
Národná banka Slovenska has selected Ernst & Young Slovakia, spol. s r.o. as its external auditors for the financial years 2015 and 2016, |
HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Ernst & Young Slovakia, spol. s r.o. should be appointed as the external auditors of Národná banka Slovenska for the financial years 2015 and 2016.
Done at Frankfurt am Main, 10 December 2015.
The President of the ECB
Mario DRAGHI
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/2 |
Communication from the Commission pursuant to Article 11(5) of the Monetary Agreement between the European Union and the Principality of Monaco
(2015/C 425/02)
The Joint Committee, which is composed of representatives of the Principality of Monaco and of the European Union, has amended the list contained in Annex B to the Monetary Agreement in accordance with Article 11(5) of the Monetary Agreement between the European Union and the Principality of Monaco (1).
(1) OJ C 23, 28.1.2012, p. 13.
ANNEX
‘ANNEX B
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Legal provisions to be implemented |
Deadline for implementing |
Prevention of money laundering |
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1 |
Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15). |
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Amended by: |
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2 |
Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC, concerning the provisions of Titles I and II of Directive 2007/64/EC (OJ L 319, 5.12.2007, p. 1). |
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3 |
Directive 2008/20/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as regards the implementing powers conferred on the Commission (OJ L 76, 19.3.2008, p. 46). |
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4 |
Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). |
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5 |
Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120). |
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Supplemented and implemented by: |
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6 |
Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ L 309, 25.11.2005, p. 9). |
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7 |
Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis (OJ L 214, 4.8.2006, p. 29). |
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8 |
Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds (OJ L 345, 8.12.2006, p. 1). |
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9 |
Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1). |
30 June 2017 (2) |
10 |
Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73). |
30 June 2017 (2) |
Prevention of fraud and counterfeiting |
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11 |
Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ L 149, 2.6.2001, p. 1). |
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12 |
Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6). |
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Amended by: |
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13 |
Council Regulation (EC) No 44/2009 of 18 December 2008 amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 17, 22.1.2009, p. 1). |
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14 |
Council Decision 2001/887/JHA of 6 December 2001 on the protection of the euro against counterfeiting (OJ L 329, 14.12.2001, p. 1). |
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15 |
Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, p. 1). |
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Amended by: |
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16 |
Council Regulation (EC) No 46/2009 of 18 December 2008 amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins (OJ L 17, 22.1.2009, p. 5). |
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17 |
Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37). |
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18 |
Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ L 151, 21.5.2014, p. 1). |
30 June 2016 (1) |
Banking and financial legislation |
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19 |
Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investment-compensation schemes (OJ L 84, 26.3.1997, p. 22). |
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(1) The Joint Committee agreed on this deadline pursuant to Article 11(5) of the Monetary Agreement between the European Union and the Principality of Monaco.
(2) The Joint Committee agreed on this deadline pursuant to Article 11(5) of the Monetary Agreement between the European Union and the Principality of Monaco.’
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/5 |
Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2011/72/CFSP and Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
(2015/C 425/03)
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/72/CFSP (1), and in Annex I to Council Regulation (EU) No 101/2011 (2), concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia.
The Council intends to renew the restrictive measures provided for in Decision 2011/72/CFSP. The Council holds on its file new elements concerning all persons listed in the Annex to Decision 2011/72/CFSP and in Annex I to Regulation (EU) No 101/2011. The persons concerned are hereby informed that they may submit a request to the Council to obtain the information that relates to them, before 1 January 2016, to the following address:
Council of the European Union |
General Secretariat |
DG C 1C |
Rue de la Loi/Wetstraat 175 |
1048 Bruxelles/Brussel |
BELGIQUE/BELGIË |
E-mail: sanctions@consilium.europa.eu |
Any observations received will be taken into account for the purpose of the Council's periodic review, in accordance with Article 5 of Decision 2011/72/CFSP and Article 12(4) of Regulation (EU) No 101/2011.
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/6 |
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
(2015/C 425/04)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) No 101/2011 (2).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is Unit 1C of DG C that can be contacted at:
Council of the European Union |
General Secretariat |
DG C 1C |
Rue de la Loi/Wetstraat 175 |
1048 Bruxelles/Brussel |
BELGIQUE/BELGIË |
E-mail: sanctions@consilium.europa.eu |
The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 101/2011.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.
(3) OJ L 296, 21.9.2004, p. 16.
European Commission
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/7 |
Euro exchange rates (1)
17 December 2015
(2015/C 425/05)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,0841 |
JPY |
Japanese yen |
132,82 |
DKK |
Danish krone |
7,4612 |
GBP |
Pound sterling |
0,72660 |
SEK |
Swedish krona |
9,3022 |
CHF |
Swiss franc |
1,0807 |
ISK |
Iceland króna |
|
NOK |
Norwegian krone |
9,5110 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
27,031 |
HUF |
Hungarian forint |
315,96 |
PLN |
Polish zloty |
4,2959 |
RON |
Romanian leu |
4,5048 |
TRY |
Turkish lira |
3,1674 |
AUD |
Australian dollar |
1,5097 |
CAD |
Canadian dollar |
1,4995 |
HKD |
Hong Kong dollar |
8,4050 |
NZD |
New Zealand dollar |
1,6078 |
SGD |
Singapore dollar |
1,5351 |
KRW |
South Korean won |
1 285,85 |
ZAR |
South African rand |
16,2600 |
CNY |
Chinese yuan renminbi |
7,0330 |
HRK |
Croatian kuna |
7,6530 |
IDR |
Indonesian rupiah |
15 204,89 |
MYR |
Malaysian ringgit |
4,6780 |
PHP |
Philippine peso |
51,434 |
RUB |
Russian rouble |
76,5023 |
THB |
Thai baht |
39,125 |
BRL |
Brazilian real |
4,2031 |
MXN |
Mexican peso |
18,3649 |
INR |
Indian rupee |
71,8400 |
(1) Source: reference exchange rate published by the ECB.
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/8 |
COMMISSION DECISION
of 16 December 2015
Appointment of Members of the Stakeholder group of the REFIT Platform
(2015/C 425/06)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision C(2015) 3261 final of 19 May 2015 establishing the REFIT Platform,
Whereas:
(1) |
The Commission Decision (1) (hereinafter ‘the Decision’) establishing the REFIT platform (hereinafter ‘the Platform’) provides for the Platform to have the mandate to (i) invite and collect suggestions from all available sources on regulatory and administrative burden reduction, arising from Union legislation and its implementation in Member States; (ii) assess the merits of the collected suggestions in terms of their potential to reduce regulatory and administrative burden without endangering the achievement of the objectives of the legislation and, where appropriate, provide supplementary remarks on the suggestions; (iii) forward for comments those suggestions considered to merit most attention, as well as any supplementary remarks, to the Commission services concerned or, as the case may be, to the Member State concerned; and (iv) respond to each person making a suggestion and render public the suggestions it receives, the supplementary remarks and the comments received from the Commission services or Member State concerned. |
(2) |
The Decision provides that the Platform will comprise a Government group and a Stakeholder group and that the members of the ‘Stakeholder group’ shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders. |
(3) |
The Decision provides that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Members shall be appointed until 31 October 2019. |
(4) |
All applications received on the basis of the aforesaid criteria have been carefully examined. |
(5) |
Should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President should be empowered to nominate a replacement on the basis of the criteria set by the Decision creating the Platform in order to avoid delay in the replacement of any Members of the Stakeholder group, or imbalance in its membership, |
HAS DECIDED AS FOLLOWS:
Article 1
1. The Members of the Stakeholder group of the REFIT Platform are listed alphabetically in the Annex to this Decision.
2. Should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the Call for expressions of interest to become Member of the Stakeholder group.
Article 2
This Decision shall apply until 31 October 2019.
Done at Brussels, 16 December 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) C(2015) 3261 final.
ANNEX
Members appointed
The Members of the ‘Stakeholder group’ of the REFIT Platform, listed alphabetically with indication of whether they have been nominated in their personal capacity or to represent a common interest shared by a number of stakeholders.
Name |
Nationality |
Represent a common interest shared by stakeholders in a particular policy area |
Current employer |
Mr Alanko Risto |
FI |
YES |
The Federation of Finnish Technology Industries |
Mr Baussand Pierre |
FR |
YES |
Social Platform AISBL |
Ms Beekmans-Pols Fenna |
NL |
NO |
Europa Decentraal |
Mr Christensen Geert Laaier |
DK |
YES |
Dansk Erhverv – The Danish Chamber of Commerce |
Mr Clarke Mike |
UK |
YES |
Royal Society of Bird Protection (RSPB) |
Ms Hanula-Bobbitt Katarzyna |
PL |
YES |
Finance Watch |
Mr Hedström Jens |
SE |
YES |
BusinessEurope |
Ms Kavrakova Assya |
BG |
YES |
European Citizen Action Service (ECAS) |
Mr Krivošík Juraj |
SK |
NO |
SEVEn, the ‘Energy Efficiency Center’ |
Mr Lasiauskas Linas |
LT |
NO |
Lithuanian Apparel and Textile Industry Association |
Mr Loosen Peter |
DE |
YES |
Bund für Lebensmittelrecht und Lebensmittelkunde e.V. (national federation) |
Mr Naslin Jean |
FR |
YES |
European Banking Industry Committee (EBIC) |
Ms Pachl Ursula |
AT |
YES |
European consumer organisation (BEUC) |
Ms Roenne Moeller Heidi |
DK |
YES |
European Trade Union Confederation (ETUC) |
Ms Ronzitti Valeria |
IT |
YES |
European Centre of Employers and Enterprises providing public services (CEEP) |
Ms Santiago Cid María Elena |
ES |
YES |
European Committee for Standardization (CEN) and (European Committee for Electro technical Standardization) Cenelec |
Ms Stoczkiewicz Magdalena |
PL |
YES |
Friends of the Earth Europe |
Mr van Straalen Michaël Angelo |
NL |
YES |
Koninklijke Vereniging MKB |
Reserve list
Should any member of the Stakeholder Group cease to be a Member during the term of office of the Platform, the First Vice President may nominate a replacement from the initial list of candidates who responded to the Call for expressions of interest to become Member of the Stakeholder Group.
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/12 |
Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting on 15 June 2015 concerning a preliminary draft decision relating to the Case AT.40055 — Parking Heaters
Rapporteur: Bulgaria
(2015/C 425/07)
1. |
The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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. |
3. |
The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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. |
5. |
The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU and the EEA. |
6. |
The Advisory Committees agree with the Commission’s assessment as regards the duration of the infringement. |
7. |
The Advisory Committee agrees with the Commission’s draft decision as regards the addressees. |
8. |
The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
9. |
The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. |
10. |
The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
11. |
The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines. |
12. |
The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case. |
13. |
The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
14. |
The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
15. |
The Advisory Committee agrees with the Commission on the final amounts of the fines. |
16. |
The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/13 |
Final Report of the Hearing Officer (1)
Parking heaters
(AT.40055)
(2015/C 425/08)
On 24 July 2014, the European Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) against Webasto SE, Webasto Thermo & Comfort SE and Webasto Fahrzeugtechnik GmbH (collectively ‘Webasto’) and Eberspächer Gruppe GmbH & Co. KG, Eberspächer Climate Control Systems GmbH & Co. KG and Eberspächer GmbH (collectively ‘Eberspächer’) (together ‘the parties’).
Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004 (3), the European Commission adopted a Statement of Objections (‘SO’) on 6 May 2015 addressed to the parties, stating that the parties had participated in a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area.
According to the Commission's draft decision, the infringement consisted of the coordination of prices and the allocation of supplies of parking heaters in the European Economic Area from 13 September 2001 to 15 September 2011.
The parties' respective replies to the SO confirmed that the SO addressed to them reflected the contents of their settlement submissions.
Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views. I conclude that it does.
In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (4), I consider that the effective exercise of the procedural rights of all participants to the proceedings in this case has been respected.
Brussels, 15 June 2015.
Wouter WILS
(1) Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).
(2) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
(3) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18), as last amended by Commission Regulation (EU) No 519/2013 (OJ L 158, 10.6.2013, p. 74) (‘Regulation (EC) No 773/2004’).
(4) Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C-167/01 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).
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/14 |
Summary of Commission Decision
of 17 June 2015
relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement
(Case AT.40055 — Parking heaters)
(notified under document C(2015) 3981)
(Only the English text is authentic)
(2015/C 425/09)
On 17 June 2015, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1) , 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.
1. INTRODUCTION
(1) |
The Decision relates to a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement concerning the supply of fuel-operated parking heaters and fuel-operated auxiliary heaters for cars and trucks. |
(2) |
Fuel-operated parking heaters heat a parked car and truck and/or pre-warm its engine. Fuel-operated auxiliary heaters support the heating system of modern cars and trucks that do not produce enough waste heat to keep a running car and truck warm. Fuel-operated parking heaters and fuel-operated auxiliary heaters are referred to as ‘parking heaters’ in this summary. |
(3) |
The Decision is addressed to Webasto (2) and Eberspächer (3) (hereinafter jointly referred to as ‘parties’). |
2. CASE DESCRIPTION
2.1. Procedure
(4) |
Following the immunity application of Webasto, the Commission carried out a targeted inspection at the premises of Eberspächer in July 2013. In the immediate aftermath of the inspection, Eberspächer applied for leniency in August 2013. |
(5) |
On 24 July 2014, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the parties with a view to engaging in settlement discussions with them. Settlement meetings took place between 10 September 2014 and 10 March 2015. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (4). |
(6) |
The Commission adopted the Statement of Objections on 6 May 2015 and both parties unequivocally confirmed that it corresponded to the content of their settlement submissions and that they therefore remained committed to following the settlement procedure. |
(7) |
The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 15 June 2015. The Commission adopted the Decision on 17 June 2015. |
2.2. Addressees and duration
(8) |
The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anticompetitive practices in respect to the supply of parking heaters.
|
2.3. Summary of the infringement
(9) |
The parties coordinated prices and allocated customers with regard to Requests for Quotations (‘RFQs’) issued by OEM (5) and semi-OEM (6) customers that manufacture cars and trucks in the EEA. The parties further supplemented their price coordination and allocation activities by regular exchanges of sensitive market information, including information concerning prices that had been submitted in the framework of their replies to RFQs. |
(10) |
The conduct also extended to aftermarket sales to car and truck brand dealers and independent dealers in Germany and Austria and took the form, for example, of harmonising annual price lists and the amount of discounts. |
(11) |
The parties' anticompetitive practices formed a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. |
2.4. Remedies
(12) |
The Decision applies the 2006 Guidelines on Fines (7). |
2.4.1. Basic amount of the fine
(13) |
In setting the fines, the Commission took into account the sales of parking heaters supplied to car and truck manufacturers in the EEA (OEM and semi-OEM customers) and the sales of parking heaters in the aftermarket in Germany and Austria made by the parties during the last full business year of the infringement (2010). |
(14) |
The basic amount of the fine is set at 18 % of the value of sales as defined under point (13) above, multiplied by the number of years of participation in the infringement and by adding the additional amount of 18 % of the value of sales. |
2.4.2. Adjustments to the basic amount
(15) |
The Commission did not apply any aggravating or mitigating circumstances in this case. |
(16) |
The Commission did not increase the fines for deterrence either. |
2.4.3. Application of the 10 % turnover limit
(17) |
The basic amount of Webasto was capped at 10 % of its total turnover in the business year preceding the adoption of the Decision (2014). |
2.4.4. Application of the 2006 Leniency Notice: reduction of fines
(18) |
The Commission granted full immunity from the fine to Webasto and a 45 % reduction of the fine to Eberspächer. |
2.4.5. Application of the Settlement Notice
(19) |
As a result of the application of the Settlement Notice, the amount of the fine for Eberspächer was reduced by 10 %. The reduction was added to its leniency reward. |
3. CONCLUSION
(20) |
The following fine was imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:
|
(2) The relevant legal entities are Webasto SE, Webasto Thermo & Comfort SE and Webasto Fahrzeugtechnik GmbH.
(3) The relevant legal entities are Eberspächer Gruppe GmbH & Co. KG, Eberspächer Climate Control Systems GmbH & Co. KG and Eberspächer GmbH.
(4) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty, OJ L 123, 27.4.2004, p. 18.
(5) Original equipment manufacturer.
(6) For the purpose of the Decision, semi-OEM means that the parking heater is not included on the production line, where the car or truck is assembled but is built-in by the OEM upon the specific request of the customer, for example in a separate fabrication hall.
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/17 |
New national side of euro coins intended for circulation
(2015/C 425/10)
Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country : Spain
Subject of commemoration : Unesco’s World Cultural and and Natural Heritage Sites — Segovia
Description of the design : The design depicts in the foreground the aqueduct of Segovia. At the top of the inner circle and in circular sense is the name of the issuing country ‘ESPAÑA’ and underneath it the year of issuance ‘2016’. At the top right is the mint mark.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued : 8 million
Date of issue :
(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.
(2) See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/18 |
New national side of euro coins intended for circulation
(2015/C 425/11)
Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country : Estonia
Subject of commemoration : the 100th anniversary of the birth of the famous Estonian chess grandmaster Paul Keres
Description of the design : The coin features a portrait of the great Estonian chess player Paul Keres with some chess pieces. At the top left in semi-circle is the inscription ‘PAUL KERES’. At the left side is the name of the issuing country ‘EESTI’ and underneath is the year of issuance ‘2016’.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued :
Date of issue : January 2016
(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.
(2) See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
NOTICES FROM MEMBER STATES
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/19 |
Adoption of Commission Decision on the notification by the United Kingdom of Great Britain and Northern Ireland of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions
(2015/C 425/12)
On 17 December 2015, the Commission adopted Commission Decision C(2015) 9317 on the notification by the United Kingdom of Great Britain and Northern Ireland of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (1).
This document is available on the following internet site: https://circabc.europa.eu/w/browse/36205e98-8e7a-47d7-808d-931bc5baf6ee
(1) OJ L 334, 17.12.2010, p. 17.
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/20 |
Notice of the impending expiry of certain anti-dumping measures
(2015/C 425/13)
1. As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2. Procedure
Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3. Time limit
Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4. This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.
Product |
Country(ies) of origin or exportation |
Measures |
Reference |
Date of expiry (3) |
Ceramic tiles |
The People’s Republic of China |
Anti-dumping duty |
Council Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China (OJ L 238, 15.9.2011, p. 1). |
16.9.2016 |
(1) OJ L 343, 22.12.2009, p. 51.
(2) TRADE-Defence-Complaints@ec.europa.eu
(3) The measure expires at midnight of the day mentioned in this column
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/21 |
Notice concerning the expiry of Council Regulation (EC) No 1340/2008 on trade in certain steel products between the European Community and the Republic of Kazakhstan
(2015/C 425/14)
As provided for in Article 17 of Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in certain steel products between the European Community and the Republic of Kazakhstan (1), the European Commission gives notice that Council Regulation (EC) No 1340/2008 expired on 30 November 2015 following Kazakhstan’s accession to the World Trade Organisation on this date.
(1) OJ L 348, 24.12.2008, p. 1.
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
18.12.2015 |
EN |
Official Journal of the European Union |
C 425/22 |
Prior notification of a concentration
(Case M.7855 — Ageas/AXA Portugal)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 425/15)
1. |
On 11 December 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ageas Portugal Holdings SGPS, SA (‘Ageas Portugal’, Portugal) an indirect wholly owned subsidiary of Ageas SA/NV, (‘Ageas’, Belgium), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of: (i) AXA Portugal, Companhia de Seguros, SA; (ii) AXA Portugal, Companhia de Seguros de Vida, SA; and (iii) the unincorporated business of direct property and casualty insurance operated by AXA Global Direct Seguros y Reaseguros SAU through its Portuguese branch (together ‘AXA Portugal’, Portugal). |
2. |
The business activities of the undertakings concerned are: — for Ageas: provision of life and non-life insurance services to individuals, business and institutional customers in several EEA countries and in Asia, — for AXA Portugal: provision of insurance products and services, in both the non-life and life insurance in Portugal. |
3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this 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 M.7855 — Ageas/AXA Portugal, to the following address:
|
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.