Commission Decision of 13 November 2002 (concerning the cash advance granted by France to Bull) (notified under document number C(2002) 4366) (1)

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Commission Decision of 13 November 2002 (concerning the cash advance granted by France to Bull) (notified under document number C(2002) 4366) (1)

L 209/12 EN 19.8.2003Official Journal of the European Union COMMISSION DECISION of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 -- French beef) (notified under document number C(2003) 1065) (Only the French text is authentic) (2003/600/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by Regulation (EC) No 1/2003(2), and in particular Article 15(2) thereof,

Having regard to Council Regulation No 26 of 4 April 1962 applying certain rules of competition to production of and trade in agricultural products (3), as amended by Regulation No 49 (4), and in particular Article 2 thereof,

Having regard to the Commission decision of 24 June 2002 to initiate proceedings in this case,

Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordancewith Article 19(1)of Regulation No 17 and Article 2 of Commission Regulation (EC) No 2842/ 98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (5),

Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,

Having regard to the final report of the Hearing Officer in this case (6),

Whereas:

(1) OJ 13, 21.2.1962, p. 204/62.

(2) OJ L 1, 4.1.2003, p. 1.

(3) OJ 30, 20.4.1962, p. 993/62.

(4) OJ 53, 1.7.1962, p. 1571/62.

(5) OJ L 354, 30.12.1998, p. 18.

(6) OJ C 195, 19.8.2003.

1. THE FACTS 1.1. Subject of the case and procedure (1) This Decision relates to a written agreement, dated 24 October 2001, concluded between six French federations in order to set a minimum purchase price for certain categories of cattle and suspend imports of beef into France. Four of the federations which signed the agreement represent cattle farmers: the Fédération nationale des syndicats d'exploitants agricoles (FNSEA), the Fédération nationale bovine (FNB), the Fédération nationale des producteurs de lait (FNPL) and the Jeunes agriculteurs (JA, formerly the Centre national des jeunes agriculteurs or CNJA). The two other federations which signed the agreement represent cattle slaughterers: the Fédération nationale de l'industrie et des commerces en gros des viandes (FNICGV) and the Fédération nationale de la coopération bétail et viande (FNCBV). ThisDecision also relates to the verbal agreement concluded at the end of November and beginning of December 2001 between the same parties and having the same object, applicable following the expiry of the agreement concluded on 24 October 2001.

(2) On 30 October 2001, having learned of the signature of the agreement of 24 October 2001, the Commission wrote to the French Permanent Representative to the European Union requesting further information on the agreement and on the involvement of the French State.

A reply was received by letter dated 9 November 2001.

19.8.2003 EN L 209/13Official Journal of the European Union (3) On 9 November 2001, the Commission wrote to five of the federations which had signed the agreement requesting information pursuant to Article 11 of Regulation No 17; since the Commission was not at that time aware that the FNCBV had also signed the agreement, the request for information was not addressed to that federation. The five federations in question replied accordingly to the requests for information on 15 and 23 November 2001.

(4) On 26 November 2001, in the light of the information thus obtained, the Commission sent the six federations a letter of formal notice stating that the facts which had come to its knowledge indicated, at first sight, that the Community competition rules had been infringed. The addressees were asked to submit their comments by 28 November. Each of them replied that the agreement would end on 30 November 2001 and that it would not be extended.

(5) On 17 December 2001, having information indicating that the agreement was in fact continuing, the Commission carried out investigations on the premises of the FNSEA and the FNB in Paris pursuant to Article 14(3) of Regulation No 17, and on the premises of the FNICGV, also in Paris, on the basis of Article 14(2) of Regulation No 17.

(6) On 24 June 2002, the Commission adopted a statement of objections addressed to the six federations. The parties submitted their written comments between 23 September and 4 October 2002. They also made known their views at the hearing held on 31 October 2002.

1.2. The Parties (7) The FNICGV is the trade organisation representing undertakings of all sizes and types of activity operating in the meat industry and meat wholesaling (beef and veal, pigmeat, mutton and lamb, horsemeat and offal).

The FNICGV is a union (syndicat) established under French law and, on 1 January 2000, had more ...

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