C 251 Official Journal
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ISSN 1725-2423 Official Journal C 251 of the European Union Volume 54 English edition Information and Notices 27 August 2011 Notice No Contents Page IV Notices NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES European Commission 2011/C 251/01 Euro exchange rates . 1 2011/C 251/02 Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 2 May 2011 concerning a draft decision relating to Case COMP/39.796 — Suez Environnement — Breach of seal — Rapporteur: Czech Republic . 2 2011/C 251/03 Final Report of the Hearing Officer — Case COMP/39.796 — Suez Environnement — Breach of seal 3 2011/C 251/04 Summary of the Commission Decision of 24 May 2011 relating to a proceeding under Article 23 of Council Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Case COMP/39.796 — Suez Environnement — Breach of seal) (notified under document C(2011) 3640 final) . 4 Price: EN EUR 3 (Continued overleaf) Notice No Contents (continued) Page V Announcements OTHER ACTS European Commission 2011/C 251/05 Publication of an amendment application in accordance with Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed . 6 EN 27.8.2011 EN Official Journal of the European Union C 251/1 IV (Notices) NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN COMMISSION Euro exchange rates ( 1) 26 August 2011 (2011/C 251/01) 1 euro = Currency Exchange rate Currency Exchange rate USD US dollar 1,4402 AUD Australian dollar 1,3727 JPY Japanese yen 110,41 CAD Canadian dollar 1,4241 DKK Danish krone 7,4509 HKD Hong Kong dollar 11,2298 GBP Pound sterling 0,88565 NZD New Zealand dollar 1,7262 SEK Swedish krona 9,1082 SGD Singapore dollar 1,7379 KRW South Korean won 1 557,78 CHF Swiss franc 1,1458 ZAR South African rand 10,3676 ISK Iceland króna CNY Chinese yuan renminbi 9,1988 NOK Norwegian krone 7,7735 HRK Croatian kuna 7,4833 BGN Bulgarian lev 1,9558 IDR Indonesian rupiah 12 339,77 CZK Czech koruna 24,166 MYR Malaysian ringgit 4,3040 HUF Hungarian forint 272,66 PHP Philippine peso 61,045 LTL Lithuanian litas 3,4528 RUB Russian rouble 41,6500 LVL Latvian lats 0,7096 THB Thai baht 43,177 PLN Polish zloty 4,1751 BRL Brazilian real 2,3185 RON Romanian leu 4,2445 MXN Mexican peso 18,0543 TRY Turkish lira 2,5275 INR Indian rupee 66,4720 ( 1 ) Source: reference exchange rate published by the ECB. C 251/2 EN Official Journal of the European Union 27.8.2011 Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 2 May 2011 concerning a draft decision relating to Case COMP/39.796 — Suez Environnement — Breach of seal Rapporteur: Czech Republic (2011/C 251/02) 1. The Advisory Committee agrees with the Commission that Lyonnaise des Eaux France SA and Suez Environnement Company SA, at least by negligence, infringed Article 23(1)(e) of Regulation (EC) No 1/2003. 2. The Advisory Committee agrees with the factors taken into account by the Commission when calculating the level of the fine for Lyonnaise des Eaux France SA and Suez Environnement Company SA pursuant to Article 23(1)(e) of Regulation (EC) No 1/2003. 3. The Advisory Committee agrees with the actual level of the fine proposed by the Commission. 4. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. 27.8.2011 EN Official Journal of the European Union C 251/3 Final Report of the Hearing Officer ( 1) Case COMP/39.796 — Suez Environnement — Breach of seal (2011/C 251/03) This case concerns an infringement of procedural competition rules by the French group Suez Environ nement Company SA (‘Suez Environnement’) and its subsidiary Lyonnaise des eaux France SA (‘LDE’) as a result of a breach of a seal affixed during an inspection by the Commission of LDE's headquarters in April 2010. On 19 October 2010, the Commission adopted a Statement of Objections, which was notified to Suez Environnement and LDE on 21 October 2010. The Statement of Objections came to the preliminary conclusion that a seal affixed at LDE's headquarters during the inspection conducted by the Commission in April 2010 had been broken within the meaning of Article 23(1)(e) of Regulation (EC) No 1/2003 and that the Commission intended to impose a fine on LDE and Suez Environnement under that Article. The Statement of Objections also indicated that the Commission intended to hold Suez Environnement liable for the infringement committed by LDE. On 8 December 2010, the parties, having been granted access to the Commission's case file, submitted their comments in reply to the Statement of Objections. I have not been informed of any incident relating to access to the file. In their written comments, the parties did not contest that an infringement had taken place, but stated that the infringement had been committed as a result of negligence. They also argued, as a mitigating factor, that they had actively cooperated with the Commission once the breach of seal was discovered. The parties did not contest that liability for the infringement could be attributed to Suez Environnement. In their written comments, the parties also indicated that they did not wish to exercise their right to a formal oral hearing. After having examined the Commission's draft decision, I hereby confirm that the parties have been heard on all objections contained therein. In conclusion, I consider that the right to be heard has been respected in this case. Brussels, 3 May 2011. Wouter WILS ( 1 ) Pursuant to Article 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). C 251/4 EN Official Journal of the European Union 27.8.2011 Summary of the Commission Decision of 24 May 2011 relating to a proceeding under Article 23 of Council Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Case COMP/39.796 — Suez Environnement — Breach of seal) (notified under document C(2011) 3640 final) (Only the French text is authentic) (2011/C 251/04) On 24 May 2011, the Commission adopted a Decision relating to a proceeding under Article 23 of Council Regulation (EC) No 1/2003 ( 1 ) on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty ( 2 ). In accordance with Article 30 of Regulation (EC) No 1/2003, the Commission publishes herewith 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’s website at the following address: http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_39796 1. INTRODUCTION materiality nor the legal interpretation of the facts. They also did not contest the attribution of liability for the (1) The Decision is addressed to Lyonnaise des Eaux France infringement to Suez Environnement. SA (‘LDE’, France) and Suez Environnement Company SA (‘Suez Environnement’, France). It imposes a fine on them for the breach of a seal affixed by Commission officials (5) The Advisory Committee on Restrictive Practices and during an inspection of LDE's headquarters, an Dominant Positions was consulted on whether an infringement referred to in Article 23(1)(e) of Council infringement had been committed and the amount of Regulation (EC) No 1/2003. the proposed fine on 2 May 2011. The Advisory Committee unanimously issued a positive opinion on the Commission’s draft Decision, including the amount of the proposed fine. 2. PROCEDURE (2) On 21 May 2010 proceedings were initiated against Suez Environnement with a view to adopting a decision sanc (6) The Hearing Officer submitted his final report on 3 May tioning the breaking of a seal at the headquarters of LDE, a 2011. The report finds that the rights of the parties to be wholly-owned subsidiary of Suez Environnement. heard have been respected. 3. FACTS (3) On 21 October 2010 a statement of objections was sent (7) On 14 April 2010, during an inspection at the head to Suez Environnement and LDE. Based on the facts quarters of LDE conducted under Article 20(4) of Regu available, the statement of objections concludes that the lation (EC) No 1/2003 in the context of Case seal affixed at LDE's headquarters was broken within the COMP/39.756 (Water and waste water purification meaning of Article 23(1)(e) of Regulation (EC) No 1/2003 markets), a seal affixed by Commission officials was and that LDE and Suez Environnement bore responsibility broken. for that infringement. 4. ANALYSIS (4) On 8 December 2010 Suez Environnement and LDE (8) First, the Decision determines that the seal in question was submitted their comments in reply to the statement of affixed in line with the provisions of Article 20(2)(d) of objections. In their reply they contested neither the Regulation (EC) No 1/2003 and that it was intact when affixed. ( 1 ) OJ L 1, 4.1.2003, p. 1. ( 2 ) With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102 respectively of the TFEU.