Disclaimer of Liability and Competition

The Spanish Association for the Energy Valorization of Biomass (AVEBIOM) is a private, non-profit business association based in Valladolid. AVEBIOM's members represent all stages of the bioenergy value chain: national associations, biomass producers, biomass traders, boiler and stove manufacturers, energy service companies, technology providers, consultancies and service providers, researchers, and academic partners. 

AVEBIOM pursues legitimate objectives, including representing the common interests of its members before national, regional, and local institutions and administrative bodies, as well as the general public. AVEBIOM also aims to inform its members, government institutions, and the general public about market developments and statistics related to the bioenergy sector. These aspects of AVEBIOM's operations are consistent with competition laws and constitute a fundamental part of the mission of business associations.

Within the framework of its activities, AVEBIOM acts in full compliance with the applicable competition rules, including (but not exclusively) the Articles 101 and 102 of the Treaty on the Functioning of the European Union. This is especially important, since AVEBIOM includes several companies as members that may compete with each other. To this end, AVEBIOM has adopted the following Guidelines on Compliance with Competition Law Requirements. The rules apply to all activities organized by AVEBIOM, such as Working Group meetings, the General Assembly and Board of Directors meetings, conferences, webinars and any other type of social event.

  • Members must not share commercially sensitive information about their own business activities or those of their competitors. Such information includes, but is not limited to, prices, market share, raw material and production costs, sales, deliveries, and other relevant data.
  • Members should not discuss or agree on prices, price changes and trends, or pricing policies.
  • Members should also not discuss or agree on limits or allocation of sales territories, customers, and the supply of raw materials and parts.
  • Members should not discuss or agree to limit or control production levels, inventories, materials, investments, and other similar items.
  • The exchange of information and discussion of market statistics and trends is permitted, provided safeguards are in place. Current data may only be disclosed in aggregate figures relating to at least three operators. Disclosure of information from individual operators that is normally considered confidential (i.e., capacity utilization, prices, production levels, sales, market share, etc.) is not permitted unless at least 12 months have passed since the date of notification.
  • AVEBIOM is not responsible for infringements of competition law by its members and AVEBIOM undertakes not to support, assist or be involved in any such conduct by its members. 
  • AVEBIOM meetings require the presence of a representative from the association. Meetings must have a clearly defined agenda, communicated to members well in advance, and the minutes must accurately reflect the discussions. AVEBIOM will include a reminder regarding compliance with antitrust regulations at the beginning of each meeting and in the minutes. 
  • All AVEBIOM representatives, including chairpersons, members, and any external observers present at a meeting, are responsible for compliance with competition law requirements. The response to potentially inappropriate discussions must be immediate. In such cases, both the AVEBIOM representative and the chairperson must provide guidance (i.e., indicate that the discussion is inappropriate during AVEBIOM meetings) and bring the discussion to a close. If this is not possible, the AVEBIOM representative must leave the meeting, and the chairperson must adjourn it. These instances will be recorded in the meeting minutes.

It is important to note that the adoption of these Guidelines is not intended to discourage membership in AVEBIOM or participation in its activities. On the contrary, these Guidelines aim to ensure that AVEBIOM's activities take place in a regulated environment and that its members feel comfortable attending legally organized meetings. If a member, or a prospective member of AVEBIOM, has any questions about the current Guidelines or recommendations for their improvement, they are strongly encouraged to contact AVEBIOM.

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