Examples of using Horizontal guidelines in English and their translations into Polish
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The new Horizontal Guidelines and Regulations can be found at.
The revised texts are intended to replace the expiring Regulations andthe current version of the Horizontal Guidelines.
The horizontal guidelines have, since 2000, provided for a positive assessment for this type of cooperation up to certain limits of market share.
Furthermore, as outlined below the Commission plans to address both these forms of cooperation in its Horizontal Guidelines.
Accordingly, the Commission is planning to expand its Horizontal Guidelines to also address SPCs for all sectors.
The Horizontal Guidelines will enter into force as soon as they have been published in the Official Journal of the EU, which should take place in the coming days.
These are currently under review andit is planned to publish a draft of the revised Horizontal Guidelines for stakeholder consultation in the first half of 2010.
The horizontal guidelines cover not only specialisation and R& D agreements but also other types of agreements such as production, commercialisation and joint purchasing agreements.
Under Option 3, the insurance sector will benefit from guidance from two legal instruments,i.e. the Commission's Horizontal Guidelines(currently under review) and the Commission's Guidelines on the application of Article 1013.
The new rules replace the previous Horizontal Guidelines and the two Block Exemption Regulations for RD and for specialisation and joint production agreements, which entered into force in 2001.
Under Option 3 insurers would benefit from guidance in terms of applicability orotherwise of Article 101 to their agreements on security devices, afforded by the general standardisation chapter in the Horizontal Guidelines.
This is already the case,as Point 6 of the Horizontal Guidelines provides guidance on the compliance of technical standards with Article 101 of the Treaty.
In the new BER, the Commission decided not to renew two of the four types of cooperation covered under the previous one, namely agreements concerning standard policy conditions and security devices,which are now addressed by the new Horizontal guidelines adopted in 2010.
Moreover, the Horizontal Guidelines are currently under review and it is planned to publish a draft of the revised Horizontal Guidelines for stakeholder consultation during the first half of 2010.
Regarding information exchange, by providing guidance on information exchange in a new chapter of the Horizontal Guidelines, Option 2 will encourage pro-competitive information exchanges and discourage the harmful ones.
The'Horizontal Guidelines' provide a framework for the analysis of the most common forms of horizontal co-operation such as agreements in the areas of RD, production, purchasing, commercialisation, standardisation, standard terms, and information exchange.
Although less legal certainty may be a result of Option 3, it is planned to expand the Commission's Horizontal Guidelines in order to address SPCs for all sectors which will provide additional guidance for insurers intending to enter into such cooperation.
The Horizontal Guidelines provide an analytical framework for the assessment of the most common types of horizontal co-operation agreements such as research and development agreements, production agreements, purchasing agreement, commercialisation agreements and standardisation agreements.
Not requiring a disclosure of IPR in order to benefit from a safe-harbour butinstead provide an effects based guidance(in the standards chapter of the Horizontal Guidelines) explaining how this factor is taken into account when assessing a particular case(Option 3);
The scores that each option receives will vary depending upon how well they ensure an adequate level of legal certainty, also taking into account the fact that in the absence of the BER there would be the same level of legal certainty as in other sectors which do not benefit from the safe harbour of a BER and in the context wherecooperation regarding SPCs and security devices will be covered by the Commission's Horizontal Guidelines currently under review.
The analytical framework set out in the Commission's Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements4(the Horizontal Guidelines) will assist businesses in assessing the compatibility of agreements with Article 101 of the Treaty.5.
This also provides an opportunity to update the accompanying Horizontal Guidelines, which together with the two BERs form what is referred to as the"Horizontals Regime", in light of new case-law and case experience, advancements in industrial economics, changes in the market, and experience in competition policy with a view to ensuring that companies enjoy maximum flexibility when entering into horizontal co-operation agreements while at the same time safeguarding competition.
As regards self-assessment under Article 101(3) of the Treaty for cooperation on SPCs and security devices, undertakings benefit from two legal instruments,namely the Horizontal Guidelines(currently being revised) and the Guidelines on the application of Article 81(3) of the Treaty15.
Guidance for the assessment of horizontal co-operation agreements under EU competition rules is currently given by three instruments, namely two'block exemption' Regulations(Commission Regulation(EC) No. 2659/2000 on research and development agreements(R& D BER) and Commission Regulation(EC) No. 2658/2000 on specialisation agreements(Specialisation BER)) andthe accompanying guidelines on the applicability of Article 81 of the Treaty to horizontal cooperation agreements"Horizontal Guidelines.
To facilitate multi-annualmine action coordination and programming, an Anti-personnel Landmine(APL) Strategy Paper comprising horizontal guidelines and priorities for Community mine action and the benchmarks for their achievement shall regularly be presented to a joint meeting of the Committees referred to in Article 7(1), for consideration in accordance with the procedures laid down in Article 72.
I voted in favour of this report as I believe that,given the significant legislative changes since the adoption of the regulations and horizontal guidelines, and the subsequent experience which the Commission has gained in the application of these rules, there is a need to codify a new set of rules issued by the Commission that takes account of European Court of Justice case-law in this area.
To facilitate multiannual mine action coordination and programming,an Anti-personnel Landmines(APL) Strategy Paper comprising horizontal guidelines and priorities for Community mine action and the benchmarks for their achievement, shall regularly be presented to a joint meeting of the Committees referred to in Article 6, for consideration in accordance with the procedures laid down in Article 62.
More generally, it believes that,when reviewing the guidelines on horizontal aid such as aid to research, innovation, the environment and human capital.
A merger working group was established anda review carried out of the block exemption regulations and accompanying guidelines regarding horizontal agreements and vertical restraints.
The draft Guidelines do not take sufficient account of the specifics of the tramp sector andappear to follow the non-sector specific Guidelines on Horizontal Cooperation.