# Official Journal C 21/26 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 21 |
| | |
| English edition | Information and Notices | Volume 4826 January 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 21

English edition

Information and Notices

Volume 4826 January 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 021/1 | Euro exchange rates | 1 |
| 2005/C 021/2 | Commission interpretative communication on the temporary nature of road cabotage in the movement of freight (
  1
  ) | 2 |
| 2005/C 021/3 | Prior notification of a concentration (Case COMP/M.3702 — CVC/CSM) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2005/C 021/4 | Prior notification of a concentration (Case COMP/M.3699 — EQT III Limited/Smurfit Munksjö) (
  1
  ) | 9 |
| 2005/C 021/5 | Information procedure — Technical rules (
  1
  ) | 10 |
| 2005/C 021/6 | Prior notification of a concentration (Case COMP/M.3705 — Kohlberg Kravis Roberts/Masonite International) — Candidate case for simplified procedure (
  1
  ) | 15 |
| 2005/C 021/7 | Prior notification of a concentration (Case COMP/M.3625 — BLACKSTONE/ACETEX) (
  1
  ) | 16 |

Notice No

Contents

page

I   Information

Commission

2005/C 021/1

Euro exchange rates

1

2005/C 021/2

Commission interpretative communication on the temporary nature of road cabotage in the movement of freight (
  1
  )

1

2

2005/C 021/3

Prior notification of a concentration (Case COMP/M.3702 — CVC/CSM) — Candidate case for simplified procedure (
  1
  )

1

8

2005/C 021/4

Prior notification of a concentration (Case COMP/M.3699 — EQT III Limited/Smurfit Munksjö) (
  1
  )

1

9

2005/C 021/5

Information procedure — Technical rules (
  1
  )

1

10

2005/C 021/6

Prior notification of a concentration (Case COMP/M.3705 — Kohlberg Kravis Roberts/Masonite International) — Candidate case for simplified procedure (
  1
  )

1

15

2005/C 021/7

Prior notification of a concentration (Case COMP/M.3625 — BLACKSTONE/ACETEX) (
  1
  )

1

16

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Information

Commission

| 26.1.2005 | EN | Official Journal of the European Union | C 21/1 |
| --- | --- | --- | --- |

26.1.2005

EN

Official Journal of the European Union

C 21/1

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Euro exchange rates (1)

25 January 2005

(2005/C 21/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3025 |
| JPY | Japanese yen | 134,85 |
| DKK | Danish krone | 7,4423 |
| GBP | Pound sterling | 0,6956 |
| SEK | Swedish krona | 9,0701 |
| CHF | Swiss franc | 1,546 |
| ISK | Iceland króna | 81,35 |
| NOK | Norwegian krone | 8,2065 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5825 |
| CZK | Czech koruna | 30,105 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,98 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4316 |
| PLN | Polish zloty | 4,072 |
| ROL | Romanian leu | 37 757 |
| SIT | Slovenian tolar | 239,75 |
| SKK | Slovak koruna | 38,613 |
| TRY | Turkish lira | 1,7357 |
| AUD | Australian dollar | 1,6988 |
| CAD | Canadian dollar | 1,5994 |
| HKD | Hong Kong dollar | 10,1585 |
| NZD | New Zealand dollar | 1,8314 |
| SGD | Singapore dollar | 2,1337 |
| KRW | South Korean won | 1 343,4 |
| ZAR | South African rand | 7,7314 |

Currency

Exchange rate

USD

US dollar

1,3025

JPY

Japanese yen

134,85

DKK

Danish krone

7,4423

GBP

Pound sterling

0,6956

SEK

Swedish krona

9,0701

CHF

Swiss franc

1,546

ISK

Iceland króna

81,35

NOK

Norwegian krone

8,2065

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5825

CZK

Czech koruna

30,105

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,98

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4316

PLN

Polish zloty

4,072

ROL

Romanian leu

37 757

SIT

Slovenian tolar

239,75

SKK

Slovak koruna

38,613

TRY

Turkish lira

1,7357

AUD

Australian dollar

1,6988

CAD

Canadian dollar

1,5994

HKD

Hong Kong dollar

10,1585

NZD

New Zealand dollar

1,8314

SGD

Singapore dollar

2,1337

KRW

South Korean won

1 343,4

ZAR

South African rand

7,7314

---

(1)

Source: reference exchange rate published by the ECB.

---

| 26.1.2005 | EN | Official Journal of the European Union | C 21/2 |
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26.1.2005

EN

Official Journal of the European Union

C 21/2

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COMMISSION INTERPRETATIVE COMMUNICATION

on the temporary nature of road cabotage in the movement of freight

(2005/C 21/02)

(Text with EEA relevance)

The main object of this interpretative communication is to examine and clarify the concept of ‘on a temporary basis’ featuring in the Community Regulations on cabotage operations. Whereas Regulation No 12/98 on passenger transport cabotage has not given rise to any problems of interpretation or application, the same cannot be said of Regulation No 3118/93 (1) on freight transport cabotage. Consequently, this communication will focus on freight cabotage.

Chapter 1 defines the concept of cabotage and describes the problem. Chapter 2 gives an overview of the current cabotage position in the Community based on a description of the economic and legal aspects of these transport operations as well as the problems encountered, particularly at the level of controls by the Member States. Chapter 3 provides legal guidelines drawn up on the basis of the case law of the Court of Justice, while taking account of the national regulations in this sector, as applied by the Member States. The conclusions follow in Chapter 4.

This Communication is without prejudice to the case law of the Court of Justice and the Court of First Instance as regards the interpretation of the Treaty concerning cabotage and of Regulation No 3118/93.

1.   INTRODUCTION

1.1.   Cabotage

Based on Article 71(1)(b) of the EC Treaty, the Community Regulations (2) give the following definition: Any non-resident carrier who is a holder of the Community authorisation is entitled to operate, on a temporary basis and without quantitative restrictions, national road haulage services in another Member State, without having a registered office or other establishment in that State.

One of the two essential characteristics of cabotage transport, therefore, is that this type of service can be performed only on a temporary basis.

1.2.   The issue

The reason why the Commission has focused on the problems posed by cabotage transport is in response to a request from the Member States of the European Union. Indeed, the lack of a definition of the concept of ‘on a temporary basis’ in the Community regulations has posed a problem for some time. It creates uncertainty among operators in the transport sector as to the exact scope of the cabotage operations. Also, despite the fact that the Treaty of Accession provides for transitional periods with regard to cabotage for the majority of the new Member States, the enlargement has triggered a reaction of fear among the road hauliers and this, in turn, has prompted the national authorities to react and to ask the Commission to interpret the concept of the temporary character of cabotage.

Lastly, a number of Member States have pointed to the difficulty of supervising cabotage operations and, more particularly, the reference period. Some of them have specified the periods beyond which hauliers must return to their country of origin. In some cases, they have also formalised criteria for determining whether the provision of a service or of a set of services by a haulier in a Member State other than that in which the haulier is established complies with the ‘temporary character’ criterion.

2.   THE LEGAL AND FINANCIAL ASPECTS OF CABOTAGE

2.1.   The economic aspects

Although cabotage services provided by hauliers registered throughout the Member States rose to almost 11 billion tonnes/kilometres in 2002, i.e. an impressive increase of 25.3 % compared to 2000, the share accounted for by cabotage out of all the road transport services provided nevertheless remains very low: in 2002, at EU-14 level (EU not including Greece), only 0.8 % of all transport activities (national and international) consisted of cabotage. It must be stressed, however, that even if this figure of 0.8 % does not appear very high in absolute terms, the problem of cabotage is being perceived on a growing scale and is becoming a matter of concern by virtue of the enlargement.

According to Eurostat, (3) for hauliers in the smaller Member States, which have limited home markets or nearby foreign transport markets, cabotage transport can, however, be of considerable importance: in 2002 it represented 22 % of the total road transport performance of Luxembourg hauliers, 4 % of that of Belgian and 3 % of that of Irish hauliers. In absolute terms, the Benelux hauliers continue to be the most active on the cabotage market, 55 % of the total cabotage performance in 2002 being to the account of these three countries alone. The German hauliers, with a market share of almost 15 %, are also very active.

France and Germany are the two preferred Member States in which to undertake cabotage transport, with each accounting for 31 % and 28 % of the total cabotage respectively. The United Kingdom, with 13 % of the total, is the third most ‘cabotaged’ country. The geographically peripheral countries of the EU have a share of well under 1 %.

2.2.   The legal aspects

2.2.1.   The legal framework — Regulation No 3118/93

Under Article 1 of Council Regulation (EEC) No 3118/93, any road haulage carrier operating for hire or reward who is a holder of the Community authorisation provided for in Regulation (EEC) No 881/92 is entitled, under the conditions laid down in this Regulation, to operate on a temporary basis national road haulage services for hire or reward in another Member State, without having a registered office or other establishment therein.

The concept of ‘on a temporary basis’ echoes the wording of Article 50(3) of the EC Treaty on freedom to provide services. Neither the Commission nor the Council considered it necessary to clarify this notion when adopting regulations. Obviously, a clear distinction needs to be drawn between an activity associated with the freedom to provide a service, because it is exercised on a temporary basis, and an activity associated with the right of establishment when it is exercised on a permanent basis. Under the provisions of the Treaty on freedom to provide services and on the right of establishment, economic operators must respect one of these two basic freedoms under Community law; one begins where the other leaves off. Consequently, national regulations which limit, in one way or another, the provision of a service oblige the operator to take up residence at the end of the limited period, thereby interfering with the basic right of freedom to provide services.

In practice, it has to be conceded that it is not easy to demonstrate exactly when an activity ceases to be temporary and becomes permanent. The need for clarity in this area, however, is essential on the grounds that economic operators have the right to know the real extent of their opportunities to carry out cabotage operations, and Member States have the right to protect their markets against service providers who, under the guise of temporary activity, actually engage in a permanent activity without submitting to the host State's rules on establishment.

2.2.2.   Court of Justice case law

To date, the Court of Justice of the European Union has not ruled on the interpretation of the ‘temporary’ nature of transport services. What it has done, however, is to define criteria on the temporary character of the provision of services.

Three judgments may provide food for thought.

The
  Gebhard
  judgment (4)

In the case in point, the Consiglio nazionale Forense (Italy) referred the matter to the Court of Justice for a preliminary ruling on the interpretation of Directive 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services. In particular, the Consiglio Nazionale Forense called on the Court to make known its views on the criteria — based on the duration or frequency of the services provided by the lawyer acting within the framework of the system set out under the abovementioned Directive — to be applied in order to assess the temporary character, or otherwise, of this activity.

According to the Court, the concept of establishment within the meaning of the Treaty is a very wide-ranging concept implying the possibility for a Community citizen to participate, in a continuous and stable manner, in the economic life of a Member State other than his country of origin and to derive benefits therefrom, thus promoting economic and social interpenetration within the Community in respect of activities of self-employed persons (cf., in this connection, judgment of 21 June 1974, Reyners, 2/74, ECR 631, point 21). On the other hand, where a service provider relocates to another Member State, the provisions of the chapter relating to services and, in particular, Article 60(3) of the Treaty stipulate that the service provider in question should exercise his activities on a temporary basis.

In answer to the questions referred to it, the Court ruled that:

| 1) | The temporary character of the services provided, as envisaged in Article 60(3) of the EC Treaty, should be assessed by reference to their duration, frequency, periodicity and continuity. |
| --- | --- |

1)

The temporary character of the services provided, as envisaged in Article 60(3) of the EC Treaty, should be assessed by reference to their duration, frequency, periodicity and continuity.

| 2) | The provider of services, within the meaning of the Treaty, may equip himself in the host Member State with the infrastructure necessary for the purposes of performing the services in question. |
| --- | --- |

2)

The provider of services, within the meaning of the Treaty, may equip himself in the host Member State with the infrastructure necessary for the purposes of performing the services in question.

| 3) | A national of a Member State who pursues a professional activity on a stable and continuous basis in another Member State where he holds himself out from an established professional base to, amongst others, nationals of that State comes under the chapter relating to the right of establishment and not the chapter relating to services. |
| --- | --- |

3)

A national of a Member State who pursues a professional activity on a stable and continuous basis in another Member State where he holds himself out from an established professional base to, amongst others, nationals of that State comes under the chapter relating to the right of establishment and not the chapter relating to services.

It should be stressed that the duration criterion alone is not enough to determine whether the provision of the service or services in a Member State is taking place on a temporary basis. As indicated in the Advocate-General's conclusions, the temporary character of the activities in question should be assessed not only in the light of their duration but also in the light of their frequency, periodicity and continuity.

The
  Schnitzer
  judgment (5)

In the case in point, where the provision of craftsman's plastering services was involved, the Court repeated the arguments set out in the Gebhard judgment and ruled that ‘no provision in the Treaty permits the determination, in abstract terms, of the duration or frequency starting from which the provision of a service or certain type of service in another Member State can no longer be regarded as provision of services within the meaning of the Treaty’.

The Court added that ‘the mere fact that an economic operator established in one Member State supplies identical or similar services in a repeated or more or less regular manner in a second Member State, without having an infrastructure there enabling it to pursue a professional activity there on a stable and continuous basis and, from the infrastructure, to hold itself out to, amongst others, nationals of the second Member State, cannot be sufficient for it to be regarded as established in the second Member State’.

This means that neither the periodicity and/or frequency nor the continuity of an activity can be used as the sole criterion for determining whether the activity derives from freedom to provide services or the right of establishment.

The
  Andreas Hoves
  judgment (6)

This case is supposed to determine whether a transport company having its head office in Luxembourg and carrying out cabotage operations in Germany is liable, in that country, to pay motor vehicle tax in respect of heavy goods vehicles registered in Luxembourg.

In his conclusions the Advocate-General made the point that cabotage, by definition, is temporary in character in that there is the requirement that the carrier does not have a seat or an establishment in the host State. Cabotage, by its very nature, is an activity limited in time, involving the provision of services lacking any degree of permanency associated with the possession of a seat.

The Court has made clear that the temporary character of the activities in question should be assessed not only in the light of their duration but also in the light of their frequency, periodicity and continuity.

The ‘temporary character’ criterion is thus closely linked to the criterion of absence of a seat or establishment in the host state.

2.2.3.   The national regulations

In December 2003 the Commission convened a meeting of national experts to examine the difficulties encountered over recent years regarding the application of the ‘temporary’ character inherent in cabotage operations. As a result, it has been possible to list the current national practices which demonstrate the need for a common approach.

On 1 December 2002 the United Kingdom adopted an interpretation of the concept of ‘temporary’ stipulating that the haulier must be able to prove that the vehicle has been leaving the country at least once a month.

By circular dated 8 December 1998, Greece adopted a time limit for cabotage operations by the other Member States which was set at a maximum of two months per year (based on the period of validity of the former cabotage authorisations). Following representations by the competent Commission departments, this circular was replaced by another dated 19 April 2000. This circular no longer sets a time limit but instead introduces an interpretation of the concept of ‘temporary’ for lorries registered in another EU Member State and operating on Greek territory:

| — | the activities of a transport company must be of an exclusively temporary nature and must, under no circumstances, take on a permanent, frequent, regular or continuous character, |
| --- | --- |

—

the activities of a transport company must be of an exclusively temporary nature and must, under no circumstances, take on a permanent, frequent, regular or continuous character,

| — | the fact that the vehicles belonging to a company engaged in cabotage never leave the territory of the host Member State constitutes an infringement of Regulation (EC) 3118/93, |
| --- | --- |

—

the fact that the vehicles belonging to a company engaged in cabotage never leave the territory of the host Member State constitutes an infringement of Regulation (EC) 3118/93,

| — | the activities must be carried out on an exclusively occasional basis, at significant and infrequent intervals, |
| --- | --- |

—

the activities must be carried out on an exclusively occasional basis, at significant and infrequent intervals,

| — | the haulier must be able to prove that the vehicle left the territory of the host Member State at a given point in time, and at a frequency of at least once a month. |
| --- | --- |

—

the haulier must be able to prove that the vehicle left the territory of the host Member State at a given point in time, and at a frequency of at least once a month.

These criteria will help to provide guidelines when carrying out inspections, on a case-by-case basis, with a view to assessing whether these activities are in line with Regulation (EC) 3118/93.

By circular of 22 January 2002, France introduced limits on cabotage stipulating that ‘any vehicle continuously engaged in cabotage operations for more than a week on the national territory must be considered to be in breach’. The French Conseil d'Etat (supreme administrative court), sitting in chambers, decided first to suspend, and then to annul, the execution of this circular, given that the circular in contention, which lays down binding provisions of a general nature, has drawn up new cabotage rules lying outside the remit of the Minister of Transport.

The Commission has made representations to the French authorities denouncing this unreasonable restriction which was subsequently removed by a judgment by the Conseil d'Etat.

By Ministerial Decree of 29 April 2004, Italy recently restricted cabotage operations by Community undertakings in Italy to 15 days per month, including not more than five consecutive days at any one time. Furthermore, the Ministerial Decree obliges hauliers to carry on board the vehicle a book of record sheets for national cabotage operations to be issued, according to the Director-General's Decree dated 31 May 2004, by the Italian Minister of Transport.

3.   CRITERIA FOR ASSESSING THE TEMPORARY CHARACTER OF CABOTAGE OPERATIONS

It is clear from the foregoing that before the temporary character of the cabotage operations can be defined account must be taken of all the elements and circumstances associated with a specific operation.

3.1.1.   The four criteria (duration, frequency, periodicity and continuity)

While not the only determining factors, the four criteria for assessing the temporary character of the cabotage operations, as drawn up by the Court of Justice, constitute a good basis of analysis. These criteria cannot be applied automatically. Rather, they should serve as a point of reference for the checks to be carried out, although not to the extent of exempting the national authorities from conducting an analysis of the particular circumstances associated with each situation.

Duration represents the space of time (weeks, months) during which an operator carries out one or more cabotage operations on the territory of a Member State other than the haulier's Member State of establishment. Duration is closely linked to frequency, which determines the number of cabotage operations carried out per month or per year. In reality, the temporary character of the service provision needs to be assessed differently when a haulier carries out cabotage operations over two periods (service frequency criterion) of 20 days (criterion for the duration of each service provided) during the same year, or when the haulier carries out cabotage operations over 12 periods of 20 days within the same year.

The Commission services reacted negatively to a circular adopted by the French authorities limiting cabotage operations to one week. Apart from the very short period set by France, it was the automatic character of the application of this temporary criterion that was specifically denounced by the Commission services.

Regulation No 3118/93 provided for a gradual liberalisation of the cabotage services up to 1 July 1998. Over a period of 4 Formula years each of the Member States had a quota of authorisations each valid for a period of two months. Such an authorisation could be transformed into two short term authorisations, each valid for one month. Each authorisation was valid only for one period of either one month or two months.

In order to cope with the difficulties described in section 2.1 the adoption of a period of one to two months, after which cabotage services on the same territory are no longer permitted, could be acceptable to the extent that Member States apply this measure on a case by case basis.

Though it will not be possible to apply the limit strictly, automatically and in isolation, such a limit will at least constitute a useful reference. Upon expiration of this time limit, the vehicle would normally be required to return to its country of registration. At any rate, the Commission will examine the measures taken by Member States according to the four criteria established by the Court of Justice.

The concept of periodicity must not be confused with frequency. Periodicity indicates the regularity of the cabotage operations, i.e. whether the cabotage is carried out occasionally or regularly. At this level, account needs to be taken, for instance, of the type of relations – regular — or occasional — with customers based in the country in which the cabotage operations are being carried out.

Lastly, continuity means that, in a given period, a haulier is engaged solely in cabotage operations. The essential element is the permanence or constancy of the operations.

3.1.2.   Other factors to be considered

It is also clear from the Gebhard judgment that steps should be taken to assess all the elements associated with service provision. Certainly, it is valuable to analyse the conditions governing the use of the vehicle, e.g. the number of days that the vehicle is present on the territory of a Member State. Other factors associated with the conduct of cabotage operations must also be taken into account, for instance the question as to who organises the transport operations and where the centre of operations is located. The number of lorries used by an operator also plays a role.

Thus, one might imagine a situation where a transport company has two lorries and just one driver. Lorry No 1 leaves the territory of the ‘cabotaged’ country after 20 days and does not come back to that territory until after a further 20 days have elapsed. Over the period during which lorry No 1 is no longer on the territory of the ‘cabotaged’ country, it is the company's lorry No 2 that carries out (with the same driver) cabotage operations for 20 days. The conclusion is self-evident: this one-man undertaking is clearly engaged in permanent activities on the territory of that State, whereas merely to have examined the use of the two lorries would have led to a different conclusion.

These considerations show that it is very difficult to lay down one or more criteria which, if applied automatically, would lead to the conclusion that an operation or set of operations are being carried on a temporary basis - or not, as the case may be - in a Member State. In the Gebhard judgment, the Court itself made a point of laying down criteria which would apply generally and automatically.

In this respect, it should be noted that a person or company could lodge a complaint with the European Commission if they considered that the legislation of a Member State limited freedom to provide services in a manner contrary to the Treaty or to Regulation No. 3118/93.

4.   CONCLUSION

Economic developments and legal analyses relating to road cabotage operations show that an interpretation of the temporary character of these operations is indispensable, particularly with a view to avoiding a proliferation of Member State rules and practices. Therefore, the Commission would like to propose the following interpretation:

The criteria for assessing a cabotage operation conducted on a temporary basis must comply with the definition adopted by the Court of Justice: duration, frequency, continuity and periodicity of service provision. At all events, each specific situation will need to be examined individually in the light of the foregoing considerations.

Accordingly, the Commission will assess specific cases in the light of the criteria set by the Court tolerating a time limit set on a national level of one to two months.

In any event, the following types of activity by a haulier who is not established in the host State on the territory of that State are considered not to be in line with Regulation (EC) 3118/93:

| — | any activity that is permanent, exercised continually and regularly, or |
| --- | --- |

—

any activity that is permanent, exercised continually and regularly, or

| — | any activity that is carried out systematically and not just on an ad hoc basis, or |
| --- | --- |

—

any activity that is carried out systematically and not just on an ad hoc basis, or

| — | any activity that involves a vehicle belonging to a non-resident haulier, where the vehicle in question never leaves the territory of the host State. |
| --- | --- |

—

any activity that involves a vehicle belonging to a non-resident haulier, where the vehicle in question never leaves the territory of the host State.

---

(1)  Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993, p. 1).

(2)  Regulation No 3118/93 concerns road cabotage in the movement of freight; passenger transport cabotage is governed by Regulation No 12/98

(3)  ‘Trends in road freight transport 1990-2002’, Eurostat, Luxembourg, 2004

(4)  Judgment of 30 November 1995, Gebhard, C-55/94, ECR I-4165

(5)  Judgment of 11 December 2003, Bruno Schnitzer, C-215/01

(6)  Judgment of 2 July 2002, Andreas Hoves Internationaler Transport Service Sarl, C-115/00

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| 26.1.2005 | EN | Official Journal of the European Union | C 21/8 |
| --- | --- | --- | --- |

26.1.2005

EN

Official Journal of the European Union

C 21/8

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Prior notification of a concentration

(Case COMP/M.3702 — CVC/CSM)

Candidate case for simplified procedure

(2005/C 21/03)

(Text with EEA relevance)

| 1. | On 17 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CVC European Equity Partners III LP (CVC EEP, Cayman) belonging to the group CVC Capital Partners Sarl (CVC, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking CSM Sugar Confectionary, (CSM SC, the Netherlands) by way of purchase of shares and assets. |
| --- | --- |

1.

On 17 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CVC European Equity Partners III LP (CVC EEP, Cayman) belonging to the group CVC Capital Partners Sarl (CVC, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking CSM Sugar Confectionary, (CSM SC, the Netherlands) by way of purchase of shares and assets.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking CVC EEP: investment fund, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking CVC EEP: investment fund,

| — | for CVC group: investment funds, |
| --- | --- |

—

for CVC group: investment funds,

| — | for undertaking CSM SC: production and distribution of candies, chewing gums and other sugar confectionary products. |
| --- | --- |

—

for undertaking CSM SC: production and distribution of candies, chewing gums and other sugar confectionary products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3702 — CVC/CSM, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3702 — CVC/CSM, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 26.1.2005 | EN | Official Journal of the European Union | C 21/9 |
| --- | --- | --- | --- |

26.1.2005

EN

Official Journal of the European Union

C 21/9

---

Prior notification of a concentration

(Case COMP/M.3699 — EQT III Limited/Smurfit Munksjö)

(2005/C 21/04)

(Text with EEA relevance)

| 1. | On 14 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking EQT III Limited (‘EQT III Limited’, Guernsey) controlled by the group Investor AB (‘Investor’, Sweden) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Smurfit Munksjö AB (‘Munksjö’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 14 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking EQT III Limited (‘EQT III Limited’, Guernsey) controlled by the group Investor AB (‘Investor’, Sweden) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Smurfit Munksjö AB (‘Munksjö’, Sweden) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for EQT III Limited: Manager of private equity fund, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EQT III Limited: Manager of private equity fund,

| — | for Investor: Investment company, |
| --- | --- |

—

for Investor: Investment company,

| — | for Munksjö: manufacture and sale of decor paper, specialty paper and pulp. |
| --- | --- |

—

for Munksjö: manufacture and sale of decor paper, specialty paper and pulp.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3699 — EQT III Limited/Smurfit Munksjö, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3699 — EQT III Limited/Smurfit Munksjö, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1

---

| 26.1.2005 | EN | Official Journal of the European Union | C 21/10 |
| --- | --- | --- | --- |

26.1.2005

EN

Official Journal of the European Union

C 21/10

---

Information procedure — Technical rules

(2005/C 21/05)

(Text with EEA relevance)

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services. (OJ L 204, 21.7.1998, p. 37; OJ L 217, 5.8.1998, p.18).

Notifications of draft national technical rules received by the Commission

| Reference (1) | Title | End of three-month standstill period (2) |
| --- | --- | --- |
| 2004/0548/D | Order on the technical and organisational implementation of measures for monitoring telecommunications | 23.3.2005 |
| 2004/0549/A | Draft Federal Act amending the Federal Act on the press and other journalistic media (Media Act) | 23.3.2005 |
| 2004/0550/E | Draft Royal Decree adopting the technical regulation for the distribution and use of gaseous fuels and supplementary technical instructions ICG 01 A 11 related thereto | 23.3.2005 |
| 2004/0551/F | Order approving provisions supplementing and amending the safety regulation to counter the risks of fire and panic in establishments open to the public | 24.3.2005 |
| 2004/0552/A | Order of the Federal Chancellor concerning the authorisation of electronic delivery services [German designation: Zustelldiensteverordnung - ZustDV] | 24.3.2005 |
| 2004/0553/S | Provisions for Civil Aviation, Operating provisions BCL-D 1.23 Emergency locator transmitters and electronic addressing | 29.3.2005 |
| 2004/0554/S | Provisions for civil aviation, operating provisions BCL-D 1.24 lights which are to be carried by aircraft | 29.3.2005 |

Reference (1)

Title

End of three-month standstill period (2)

2004/0548/D

Order on the technical and organisational implementation of measures for monitoring telecommunications

23.3.2005

2004/0549/A

Draft Federal Act amending the Federal Act on the press and other journalistic media (Media Act)

23.3.2005

2004/0550/E

Draft Royal Decree adopting the technical regulation for the distribution and use of gaseous fuels and supplementary technical instructions ICG 01 A 11 related thereto

23.3.2005

2004/0551/F

Order approving provisions supplementing and amending the safety regulation to counter the risks of fire and panic in establishments open to the public

24.3.2005

2004/0552/A

Order of the Federal Chancellor concerning the authorisation of electronic delivery services [German designation: Zustelldiensteverordnung - ZustDV]

24.3.2005

2004/0553/S

Provisions for Civil Aviation, Operating provisions BCL-D 1.23 Emergency locator transmitters and electronic addressing

29.3.2005

2004/0554/S

Provisions for civil aviation, operating provisions BCL-D 1.24 lights which are to be carried by aircraft

29.3.2005

The Commission draws attention to the judgement delivered on 30 April 1996 in the ‘CIA Security’ case (C-194/94 — ECR I, p. 2201), in which the Court of Justice ruled that Articles 8 and 9 of Directive 98/34/EC (formerly 83/189/EEC) are to be interpreted as meaning that individuals may rely on them before national courts which must decline to apply a national technical regulation which has not been notified in accordance with the Directive.

This judgement confirms the Commission's communication of 1 October 1986 (OJ C 245, 1.10.1986, p.4).

Accordingly, breach of the obligation to notify renders the technical regulations concerned inapplicable, and consequently unenforceable against individuals.

For more information on the notification procedure, please write to:

| European Commission |
| --- |
| DG Enterprise and Industry, Unit C3 |
| B–1049 Brussels |
| e-mail: Dir83-189-Central@cec.eu.int |

European Commission

DG Enterprise and Industry, Unit C3

B–1049 Brussels

e-mail: Dir83-189-Central@cec.eu.int

Also consult the website: http://europa.eu.int/comm/enterprise/tris/

If you require any further information on these notifications, please contact the national departments listed below:

LIST OF NATIONAL DEPARTMENTS RESPONSIBLE FOR THE MANAGEMENT OF DIRECTIVE 98/34/EC

BELGIUM

| BELNotif |
| --- |
| Qualité et Sécurité |
| SPF Economie, PME, Classes moyennes et Energie |
| NG III – 4ème étage |
| boulevard du Roi Albert II / 16 |
| B-1000 Bruxelles |
| Ms Pascaline Descamps |
| Tel.: (32) 2 206 46 89 |
| Fax: (32) 2 206 57 46 |
| E-mail: pascaline.descamps@mineco.fgov.be |
| paolo.caruso@mineco.fgov.be |
| General e-mail: belnotif@mineco.fgov.be |
| Website: http://www.mineco.fgov.be |

BELNotif

Qualité et Sécurité

SPF Economie, PME, Classes moyennes et Energie

NG III – 4ème étage

boulevard du Roi Albert II / 16

B-1000 Bruxelles

Ms Pascaline Descamps

Tel.: (32) 2 206 46 89

Fax: (32) 2 206 57 46

E-mail: pascaline.descamps@mineco.fgov.be

paolo.caruso@mineco.fgov.be

General e-mail: belnotif@mineco.fgov.be

Website: http://www.mineco.fgov.be

CZECH REPUBLIC

| Czech Office for Standards, Metrology and Testing |
| --- |
| Gorazdova 24 |
| P.O. BOX 49 |
| CZ-128 01 Praha 2 |
| Ms Helena Fofonková |
| Tel.: (420) 224 907 125 |
| Fax: (420) 224 907 122 |
| E-mail: fofonkova@unmz.cz |
| General e-mail: eu9834@unmz.cz |
| Website: http://www.unmz.cz |

Czech Office for Standards, Metrology and Testing

Gorazdova 24

P.O. BOX 49

CZ-128 01 Praha 2

Ms Helena Fofonková

Tel.: (420) 224 907 125

Fax: (420) 224 907 122

E-mail: fofonkova@unmz.cz

General e-mail: eu9834@unmz.cz

Website: http://www.unmz.cz

DENMARK

| Erhvervs- og Boligstyrelsen |
| --- |
| Dahlerups Pakhus |
| Langelinie Allé 17 |
| DK-2100 Copenhagen Ø (or DK-2100 Copenhagen OE) |
| Tel.: (45) 35 46 66 89 (direct) |
| Fax: (45) 35 46 62 03 |
| E-mail: Ms Birgitte Spühler Hansen - bsh@ebst.dk |
| Mutual mailbox for notification messages - noti@ebst.dk |
| Website: http://www.ebst.dk/Notifikationer |

Erhvervs- og Boligstyrelsen

Dahlerups Pakhus

Langelinie Allé 17

DK-2100 Copenhagen Ø (or DK-2100 Copenhagen OE)

Tel.: (45) 35 46 66 89 (direct)

Fax: (45) 35 46 62 03

E-mail: Ms Birgitte Spühler Hansen - bsh@ebst.dk

Mutual mailbox for notification messages - noti@ebst.dk

Website: http://www.ebst.dk/Notifikationer

GERMANY

| Bundesministerium für Wirtschaft und Arbeit |
| --- |
| Referat XA2 |
| Scharnhorststr. 34 - 37 |
| D-10115 Berlin |
| Ms Christina Jäckel |
| Tel.: (49) 30 2014 6353 |
| Fax: (49) 30 2014 5379 |
| E-mail: infonorm@bmwa.bund.de |
| Website: http://www.bmwa.bund.de |

Bundesministerium für Wirtschaft und Arbeit

Referat XA2

Scharnhorststr. 34 - 37

D-10115 Berlin

Ms Christina Jäckel

Tel.: (49) 30 2014 6353

Fax: (49) 30 2014 5379

E-mail: infonorm@bmwa.bund.de

Website: http://www.bmwa.bund.de

ESTONIA

| Ministry of Economic Affairs and Communications |
| --- |
| Harju str. 11 |
| EE-15072 Tallinn |
| Mr Margus Alver |
| Tel.: (372) 6 256 405 |
| Fax: (372) 6 313 660 |
| E-mail: margus.alver@mkm.ee |
| General e-mail: el.teavitamine@mkm.ee |

Ministry of Economic Affairs and Communications

Harju str. 11

EE-15072 Tallinn

Mr Margus Alver

Tel.: (372) 6 256 405

Fax: (372) 6 313 660

E-mail: margus.alver@mkm.ee

General e-mail: el.teavitamine@mkm.ee

GREECE

| Ministry of Development |
| --- |
| General Secretariat of Industry |
| Mesogeion 119 |
| GR-101 92 ATHENS |
| Tel.: (30) 210 696 98 63 |
| Fax: (30) 210 696 91 06 |

Ministry of Development

General Secretariat of Industry

Mesogeion 119

GR-101 92 ATHENS

Tel.: (30) 210 696 98 63

Fax: (30) 210 696 91 06

| ELOT |
| --- |
| Acharnon 313 |
| GR-111 45 ATHENS |
| Tel.: (30) 210 212 03 01 |
| Fax: (30) 210 228 62 19 |
| E-mail: 83189in@elot.gr |
| Website: http://www.elot.gr |

ELOT

Acharnon 313

GR-111 45 ATHENS

Tel.: (30) 210 212 03 01

Fax: (30) 210 228 62 19

E-mail: 83189in@elot.gr

Website: http://www.elot.gr

SPAIN

| Ministerio de Asuntos Exteriores |
| --- |
| Secretaría de Estado de Asuntos Europeos |
| Direccion General de Coordinacion del Mercado Interior y otras Políticas Comunitarias |
| Subdireccion General de Asuntos Industriales, Energéticos, de Transportes y Comunicaciones y de Medio Ambiente |
| C/Padilla, 46, Planta 2a, Despacho: 6218 |
| E-28006 MADRID |
| Mr Angel Silván Torregrosa |
| Tel.: (34) 91 379 83 32 |
| Ms Esther Pérez Peláez |
| Technical Advisor |
| E-mail: esther.perez@ue.mae.es |
| Tel.: (34) 91 379 84 64 |
| Fax: (34) 91 379 84 01 |
| E-mail: d83-189@ue.mae.es |

Ministerio de Asuntos Exteriores

Secretaría de Estado de Asuntos Europeos

Direccion General de Coordinacion del Mercado Interior y otras Políticas Comunitarias

Subdireccion General de Asuntos Industriales, Energéticos, de Transportes y Comunicaciones y de Medio Ambiente

C/Padilla, 46, Planta 2a, Despacho: 6218

E-28006 MADRID

Mr Angel Silván Torregrosa

Tel.: (34) 91 379 83 32

Ms Esther Pérez Peláez

Technical Advisor

E-mail: esther.perez@ue.mae.es

Tel.: (34) 91 379 84 64

Fax: (34) 91 379 84 01

E-mail: d83-189@ue.mae.es

FRANCE

| Délégation interministérielle aux normes |
| --- |
| Direction générale de l'Industrie, des Technologies de l'information et des Postes (DiGITIP) |
| Service des politiques d'innovation et de compétitivité (SPIC) |
| Sous-direction de la normalisation, de la qualité et de la propriété industrielle (SQUALPI) |
| DiGITIP 5 |
| 12, rue Villiot |
| F-75572 Paris Cedex 12 |
| Ms Suzanne Piau |
| Tel.: (33) 1 53 44 97 04 |
| Fax: (33) 1 53 44 98 88 |
| E-mail: suzanne.piau@industrie.gouv.fr |
| Ms Françoise Ouvrard |
| Tel.: (33) 1 53 44 97 05 |
| Fax: (33) 1 53 44 98 88 |
| E-mail: francoise.ouvrard@industrie.gouv.fr |

Délégation interministérielle aux normes

Direction générale de l'Industrie, des Technologies de l'information et des Postes (DiGITIP)

Service des politiques d'innovation et de compétitivité (SPIC)

Sous-direction de la normalisation, de la qualité et de la propriété industrielle (SQUALPI)

DiGITIP 5

12, rue Villiot

F-75572 Paris Cedex 12

Ms Suzanne Piau

Tel.: (33) 1 53 44 97 04

Fax: (33) 1 53 44 98 88

E-mail: suzanne.piau@industrie.gouv.fr

Ms Françoise Ouvrard

Tel.: (33) 1 53 44 97 05

Fax: (33) 1 53 44 98 88

E-mail: francoise.ouvrard@industrie.gouv.fr

IRELAND

| NSAI |
| --- |
| Glasnevin |
| Dublin 9 |
| Ireland |
| Mr Tony Losty |
| Tel.: (353) 1 807 38 80 |
| Fax: (353) 1 807 38 38 |
| E-mail: tony.losty@nsai.ie |
| Website: http://www.nsai.ie |

NSAI

Glasnevin

Dublin 9

Ireland

Mr Tony Losty

Tel.: (353) 1 807 38 80

Fax: (353) 1 807 38 38

E-mail: tony.losty@nsai.ie

Website: http://www.nsai.ie

ITALY

| Ministero delle attività produttive |
| --- |
| Dipartimento per le imprese |
| Direzione Generale per lo sviluppo produttivo e la competitività |
| Ufficio F1 - Ispettorato tecnico dell'industria |
| Via Molise 2 |
| I-00187 Roma |
| Mr Vincenzo Correggia |
| Tel.: (39) 06 47 05 22 05 |
| Fax: (39) 06 47 88 78 05 |
| E-mail: vincenzo.correggia@minindustria.it |
| Mr Enrico Castiglioni |
| Tel.: (39) 06 47 05 26 69 |
| Fax: (39) 06 47 88 77 48 |
| E-mail: enrico.castiglioni@minindustria.it |
| E-mail: ispettoratotecnico@minindustria.flexmail.it |
| Website: http://www.minindustria.it |

Ministero delle attività produttive

Dipartimento per le imprese

Direzione Generale per lo sviluppo produttivo e la competitività

Ufficio F1 - Ispettorato tecnico dell'industria

Via Molise 2

I-00187 Roma

Mr Vincenzo Correggia

Tel.: (39) 06 47 05 22 05

Fax: (39) 06 47 88 78 05

E-mail: vincenzo.correggia@minindustria.it

Mr Enrico Castiglioni

Tel.: (39) 06 47 05 26 69

Fax: (39) 06 47 88 77 48

E-mail: enrico.castiglioni@minindustria.it

E-mail: ispettoratotecnico@minindustria.flexmail.it

Website: http://www.minindustria.it

CYPRUS

| Cyprus Organization for the Promotion of Quality |
| --- |
| Ministry of Commerce, Industry and Tourism |
| 13, A. Araouzou street |
| CY-1421 Nicosia |
| Tel.: (357) 22 409 313 or (357) 22 375 053 |
| Fax: (357) 22 754 103 |
| Mr Antonis Ioannou |
| Tel.: (357) 22 409 409 |
| Fax: (357) 22 754 103 |
| E-mail: aioannou@cys.mcit.gov.cy |
| Ms Thea Andreou |
| Tel.: (357) 22 409 404 |
| Fax: (357) 22 754 103 |
| E-mail: tandreou@cys.mcit.gov.cy |
| General e-mail: dir9834@cys.mcit.gov.cy |
| Website: http://www.cys.mcit.gov.cy |

Cyprus Organization for the Promotion of Quality

Ministry of Commerce, Industry and Tourism

13, A. Araouzou street

CY-1421 Nicosia

Tel.: (357) 22 409 313 or (357) 22 375 053

Fax: (357) 22 754 103

Mr Antonis Ioannou

Tel.: (357) 22 409 409

Fax: (357) 22 754 103

E-mail: aioannou@cys.mcit.gov.cy

Ms Thea Andreou

Tel.: (357) 22 409 404

Fax: (357) 22 754 103

E-mail: tandreou@cys.mcit.gov.cy

General e-mail: dir9834@cys.mcit.gov.cy

Website: http://www.cys.mcit.gov.cy

LATVIA

| Division of the Commercial Normative, SOLVIT and Notification |
| --- |
| Internal Market Department of the |
| Ministry of Economics of the Republic of Latvia |
| 55, Brvibas str. |
| Riga |
| LV-1519 |
| Ms Agra Ločmele |
| Senior Officer of the Division of the Commercial Normative, SOLVIT and Notification |
| E-mail: agra.locmele@em.gov.lv |
| Tel.: (371) 7031236 |
| Fax: (371) 7280882 |
| E-mail: notification@em.gov.lv |

Division of the Commercial Normative, SOLVIT and Notification

Internal Market Department of the

Ministry of Economics of the Republic of Latvia

55, Brvibas str.

Riga

LV-1519

Ms Agra Ločmele

Senior Officer of the Division of the Commercial Normative, SOLVIT and Notification

E-mail: agra.locmele@em.gov.lv

Tel.: (371) 7031236

Fax: (371) 7280882

E-mail: notification@em.gov.lv

LITHUANIA

| Lithuanian Standards Board |
| --- |
| T. Kosciuskos g. 30 |
| LT-01100 Vilnius |
| Ms Daiva Lesickiene |
| Tel.: (370) 5 2709347 |
| Fax: (370) 5 2709367 |
| E-mail: dir9834@lsd.lt |
| Website: http://www.lsd.lt |

Lithuanian Standards Board

T. Kosciuskos g. 30

LT-01100 Vilnius

Ms Daiva Lesickiene

Tel.: (370) 5 2709347

Fax: (370) 5 2709367

E-mail: dir9834@lsd.lt

Website: http://www.lsd.lt

LUXEMBURG

| SEE - Service de l'Energie de l'Etat |
| --- |
| 34, avenue de la Porte-Neuve |
| B.P. 10 |
| L-2010 Luxembourg |
| Mr J.P. Hoffmann |
| Tel.: (352) 46 97 46 1 |
| Fax: (352) 22 25 24 |
| E-mail: see.direction@eg.etat.lu |
| Website: http://www.see.lu |

SEE - Service de l'Energie de l'Etat

34, avenue de la Porte-Neuve

B.P. 10

L-2010 Luxembourg

Mr J.P. Hoffmann

Tel.: (352) 46 97 46 1

Fax: (352) 22 25 24

E-mail: see.direction@eg.etat.lu

Website: http://www.see.lu

HUNGARY

| Hungarian Notification Centre – |
| --- |
| Ministry of Economy and Transport |
| Budapest |
| Honvéd u. 13-15. |
| H-1055 |
| Mr Zsolt Fazekas |
| E-mail: fazekaszs@gkm.hu |
| Tel.: (36) 1 374 2873 |
| Fax: (36) 1 473 1622 |
| E-mail: notification@gkm.hu |
| Website: http://www.gkm.hu/dokk/main/gkm |

Hungarian Notification Centre –

Ministry of Economy and Transport

Budapest

Honvéd u. 13-15.

H-1055

Mr Zsolt Fazekas

E-mail: fazekaszs@gkm.hu

Tel.: (36) 1 374 2873

Fax: (36) 1 473 1622

E-mail: notification@gkm.hu

Website: http://www.gkm.hu/dokk/main/gkm

MALTA

| Malta Standards Authority |
| --- |
| Level 2 |
| Evans Building |
| Merchants Street |
| VLT 03 |
| MT-Valletta |
| Tel.: (356) 2124 2420 |
| Fax: (356) 2124 2406 |
| Ms Lorna Cachia |
| E-mail: lorna.cachia@msa.org.mt |
| General e-mail: notification@msa.org.mt |
| Website: http://www.msa.org.mt |

Malta Standards Authority

Level 2

Evans Building

Merchants Street

VLT 03

MT-Valletta

Tel.: (356) 2124 2420

Fax: (356) 2124 2406

Ms Lorna Cachia

E-mail: lorna.cachia@msa.org.mt

General e-mail: notification@msa.org.mt

Website: http://www.msa.org.mt

NETHERLANDS

| Ministerie van Financiën |
| --- |
| Belastingsdienst/Douane Noord |
| Team bijzondere klantbehandeling |
| Centrale Dienst voor In-en uitvoer |
| Engelse Kamp 2 |
| Postbus 30003 |
| 9700 RD Groningen |
| Nederland |
| Mr Ebel van der Heide |
| Tel.: (31) 50 5 23 21 34 |
| Ms Hennie Boekema |
| Tel.: (31) 50 5 23 21 35 |
| Ms Tineke Elzer |
| Tel.: (31) 50 5 23 21 33 |
| Fax: (31) 50 5 23 21 59 |
| General e-mail: Enquiry.Point@tiscali-business.nl |
| Enquiry.Point2@tiscali-business.nl |

Ministerie van Financiën

Belastingsdienst/Douane Noord

Team bijzondere klantbehandeling

Centrale Dienst voor In-en uitvoer

Engelse Kamp 2

Postbus 30003

9700 RD Groningen

Nederland

Mr Ebel van der Heide

Tel.: (31) 50 5 23 21 34

Ms Hennie Boekema

Tel.: (31) 50 5 23 21 35

Ms Tineke Elzer

Tel.: (31) 50 5 23 21 33

Fax: (31) 50 5 23 21 59

General e-mail: Enquiry.Point@tiscali-business.nl

Enquiry.Point2@tiscali-business.nl

AUSTRIA

| Bundesministerium für Wirtschaft und Arbeit |
| --- |
| Abteilung C2/1 |
| Stubenring 1 |
| A-1010 Wien |
| Ms Brigitte Wikgolm |
| Tel.: (43) 1 711 00 58 96 |
| Fax: (43) 1 715 96 51 or (43) 1 712 06 80 |
| E-mail: not9834@bmwa.gv.at |
| Website: http://www.bmwa.gv.at |

Bundesministerium für Wirtschaft und Arbeit

Abteilung C2/1

Stubenring 1

A-1010 Wien

Ms Brigitte Wikgolm

Tel.: (43) 1 711 00 58 96

Fax: (43) 1 715 96 51 or (43) 1 712 06 80

E-mail: not9834@bmwa.gv.at

Website: http://www.bmwa.gv.at

POLAND

| Ministry of Economy and Labour |
| --- |
| Department for European and Multilateral Relations |
| Plac Trzech Krzyży 3/5 |
| PL-00-507 Warszawa |
| Ms Barbara Nieciak |
| Tel.: (48) 22 693 54 07 |
| Fax: (48) 22 693 40 28 |
| E-mail: barnie@mg.gov.pl |
| Ms Agata Gągor |
| Tel.: (48) 22 693 56 90 |
| General e-mail: notyfikacja@mg.gov.pl |

Ministry of Economy and Labour

Department for European and Multilateral Relations

Plac Trzech Krzyży 3/5

PL-00-507 Warszawa

Ms Barbara Nieciak

Tel.: (48) 22 693 54 07

Fax: (48) 22 693 40 28

E-mail: barnie@mg.gov.pl

Ms Agata Gągor

Tel.: (48) 22 693 56 90

General e-mail: notyfikacja@mg.gov.pl

PORTUGAL

| Instituto Portugês da Qualidade |
| --- |
| Rua Antonio Gião, 2 |
| P-2829-513 Caparica |
| Ms Cândida Pires |
| Tel.: (351) 21 294 82 36 or 81 00 |
| Fax: (351) 21 294 82 23 |
| E-mail: c.pires@mail.ipq.pt |
| General e-mail: not9834@mail.ipq.pt |
| Website: http://www.ipq.pt |

Instituto Portugês da Qualidade

Rua Antonio Gião, 2

P-2829-513 Caparica

Ms Cândida Pires

Tel.: (351) 21 294 82 36 or 81 00

Fax: (351) 21 294 82 23

E-mail: c.pires@mail.ipq.pt

General e-mail: not9834@mail.ipq.pt

Website: http://www.ipq.pt

SLOVENIA

| SIST – Slovenian Institute for Standardization |
| --- |
| Contact point for 98/34/EC and WTO-TBT Enquiry Point |
| Šmartinska 140 |
| SLO-1000 Ljubljana |
| Tel.: (386) 1 478 3041 |
| Fax: (386) 1 478 3098 |
| E-mail: contact@sist.si |
| Ms Vesna Stražišar |

SIST – Slovenian Institute for Standardization

Contact point for 98/34/EC and WTO-TBT Enquiry Point

Šmartinska 140

SLO-1000 Ljubljana

Tel.: (386) 1 478 3041

Fax: (386) 1 478 3098

E-mail: contact@sist.si

Ms Vesna Stražišar

SLOVAKIA

| Ms Kvetoslava Steinlova |
| --- |
| Director of the Department of European Integration, |
| Office of Standards, Metrology and Testing of the Slovak Republic |
| Stefanovicova 3 |
| SK-814 39 Bratislava |
| Tel.: (421) 2 5249 3521 |
| Fax: (421) 2 5249 1050 |
| E-mail: steinlova@normoff.gov.sk |

Ms Kvetoslava Steinlova

Director of the Department of European Integration,

Office of Standards, Metrology and Testing of the Slovak Republic

Stefanovicova 3

SK-814 39 Bratislava

Tel.: (421) 2 5249 3521

Fax: (421) 2 5249 1050

E-mail: steinlova@normoff.gov.sk

FINLAND

| Kauppa-ja teollisuusministeriö |
| --- |
| (Ministry of Trade and Industry) |
| Visitor address: |
| Aleksanterinkatu 4 |
| FIN-00171 Helsinki |
| and |
| Katakatu 3 |
| FIN-00120 Helsinki |
| Postal address: |
| PO Box 32 |
| FIN-00023 Government |
| Mr Henri Backman |
| Tel.: (358) 9 1606 36 27 |
| Fax: (358) 9 1606 46 22 |
| E-mail: henri.backman@ktm.fi |
| Ms Katri Amper |
| General e-mail: maaraykset.tekniset@ktm.fi |
| Website: http://www.ktm.fi |

Kauppa-ja teollisuusministeriö

(Ministry of Trade and Industry)

Visitor address:

Aleksanterinkatu 4

FIN-00171 Helsinki

and

Katakatu 3

FIN-00120 Helsinki

Postal address:

PO Box 32

FIN-00023 Government

Mr Henri Backman

Tel.: (358) 9 1606 36 27

Fax: (358) 9 1606 46 22

E-mail: henri.backman@ktm.fi

Ms Katri Amper

General e-mail: maaraykset.tekniset@ktm.fi

Website: http://www.ktm.fi

SWEDEN

| Kommerskollegium |
| --- |
| (National Board of Trade) |
| Box 6803 |
| Drottninggatan 89 |
| S – 113 86 Stockholm |
| Ms Kerstin Carlsson |
| Tel.: (46) 86 90 48 82 or (46) 86 90 48 00 |
| Fax: (46) 86 90 48 40 or (46) 83 06 759 |
| E-mail: kerstin.carlsson@kommers.se |
| General e-mail: 9834@kommers.se |
| Website: http://www.kommers.se |

Kommerskollegium

(National Board of Trade)

Box 6803

Drottninggatan 89

S – 113 86 Stockholm

Ms Kerstin Carlsson

Tel.: (46) 86 90 48 82 or (46) 86 90 48 00

Fax: (46) 86 90 48 40 or (46) 83 06 759

E-mail: kerstin.carlsson@kommers.se

General e-mail: 9834@kommers.se

Website: http://www.kommers.se

UNITED KINGDOM

| Department of Trade and Industry |
| --- |
| Standards and Technical Regulations Directorate 2 |
| 151 Buckingham Palace Road |
| London SW1 W 9SS |
| United Kingdom |
| Mr Philip Plumb |
| Tel.: (44) 2072151488 |
| Fax: (44) 2072151529 |
| E-mail: philip.plumb@dti.gsi.gov.uk |
| General e-mail: 9834@dti.gsi.gov.uk |
| Website: http://www.dti.gov.uk/strd |

Department of Trade and Industry

Standards and Technical Regulations Directorate 2

151 Buckingham Palace Road

London SW1 W 9SS

United Kingdom

Mr Philip Plumb

Tel.: (44) 2072151488

Fax: (44) 2072151529

E-mail: philip.plumb@dti.gsi.gov.uk

General e-mail: 9834@dti.gsi.gov.uk

Website: http://www.dti.gov.uk/strd

EFTA - ESA

| EFTA Surveillance Authority |
| --- |
| Rue Belliard 35 |
| B-1040 Bruxelles |
| Ms Adinda Batsleer |
| Tel.: (32) 2 286 18 61 |
| Fax: (32) 2 286 18 00 |
| E-mail: aba@eftasurv.int |
| Ms Tuija Ristiluoma |
| Tel.: (32) 2 286 18 71 |
| Fax: (32) 2 286 18 00 |
| E-mail: tri@eftasurv.int |
| General e-mail: DRAFTTECHREGESA@eftasurv.int |
| Website: http://www.eftasurv.int |

EFTA Surveillance Authority

Rue Belliard 35

B-1040 Bruxelles

Ms Adinda Batsleer

Tel.: (32) 2 286 18 61

Fax: (32) 2 286 18 00

E-mail: aba@eftasurv.int

Ms Tuija Ristiluoma

Tel.: (32) 2 286 18 71

Fax: (32) 2 286 18 00

E-mail: tri@eftasurv.int

General e-mail: DRAFTTECHREGESA@eftasurv.int

Website: http://www.eftasurv.int

| EFTA |
| --- |
| Goods Unit |
| EFTA Secretariat |
| Rue de Trêves 74 |
| B-1040 Bruxelles |
| Ms Kathleen Byrne |
| Tel.: (32) 2 286 17 34 |
| Fax: (32) 2 286 17 42 |
| E-mail: kathleen.byrne@efta.int |
| General e-mail: DRAFTTECHREGEFTA@efta.int |
| Website: http://www.efta.int |

EFTA

Goods Unit

EFTA Secretariat

Rue de Trêves 74

B-1040 Bruxelles

Ms Kathleen Byrne

Tel.: (32) 2 286 17 34

Fax: (32) 2 286 17 42

E-mail: kathleen.byrne@efta.int

General e-mail: DRAFTTECHREGEFTA@efta.int

Website: http://www.efta.int

TURKEY

| Undersecretariat of Foreign Trade |
| --- |
| General Directorate of Standardisation for Foreign Trade |
| Inönü Bulvari no 36 |
| 06510 |
| Emek - Ankara |
| Mr Saadettin Doğan |
| Tel.: (90) 312 212 58 99 |
| (90) 312 204 81 02 |
| Fax: (90) 312 212 87 68 |
| E-mail: dtsabbil@dtm.gov.tr |
| Website: http://www.dtm.gov.tr |

Undersecretariat of Foreign Trade

General Directorate of Standardisation for Foreign Trade

Inönü Bulvari no 36

06510

Emek - Ankara

Mr Saadettin Doğan

Tel.: (90) 312 212 58 99

(90) 312 204 81 02

Fax: (90) 312 212 87 68

E-mail: dtsabbil@dtm.gov.tr

Website: http://www.dtm.gov.tr

---

(1)  Year - registration number - Member State of origin.

(2)  Period during which the draft may not be adopted.

(3)  No standstill period since the Commission accepts the grounds of urgent adoption invoked by the notifying Member State.

(4)  No standstill period since the measure concerns technical specifications or other requirements or rules on services linked to fiscal or financial measures, pursuant to the third indent of the second paragraph of Article 1(11) of Directive 98/34/EC.

(5)  Information procedure closed.

---

| 26.1.2005 | EN | Official Journal of the European Union | C 21/15 |
| --- | --- | --- | --- |

26.1.2005

EN

Official Journal of the European Union

C 21/15

---

Prior notification of a concentration

(Case COMP/M.3705 — Kohlberg Kravis Roberts/Masonite International)

Candidate case for simplified procedure

(2005/C 21/06)

(Text with EEA relevance)

| 1. | On 14 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Stile Acquisition Corp (‘Stile Acquisition’, Canada), which is controlled by Kohlberg Kravis Roberts (‘KKR’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Masonite International Corporation (‘Masonite International’, Canada), by way of purchase of shares. |
| --- | --- |

1.

On 14 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Stile Acquisition Corp (‘Stile Acquisition’, Canada), which is controlled by Kohlberg Kravis Roberts (‘KKR’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Masonite International Corporation (‘Masonite International’, Canada), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Stile Acquisition: acquisition vehicle, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Stile Acquisition: acquisition vehicle,

| — | for KKR: private equity investment company, |
| --- | --- |

—

for KKR: private equity investment company,

| — | for Masonite International: manufacture of doors, door components and entry systems to residential and commercial use. |
| --- | --- |

—

for Masonite International: manufacture of doors, door components and entry systems to residential and commercial use.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3705 — Kohlberg Kravis Roberts/Masonite International to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3705 — Kohlberg Kravis Roberts/Masonite International to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 26.1.2005 | EN | Official Journal of the European Union | C 21/16 |
| --- | --- | --- | --- |

26.1.2005

EN

Official Journal of the European Union

C 21/16

---

Prior notification of a concentration

(Case COMP/M.3625 — BLACKSTONE/ACETEX)

(2005/C 21/07)

(Text with EEA relevance)

| 1. | On 20 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Celanese Corporation (‘Celanese’) controlled by Blackstone Crystal Holdings Capital Partners (‘Blackstone’, Cayman Islands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Acetex Corporation (‘Acetex’, Canada) by way of purchase of shares. |
| --- | --- |

1.

On 20 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Celanese Corporation (‘Celanese’) controlled by Blackstone Crystal Holdings Capital Partners (‘Blackstone’, Cayman Islands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Acetex Corporation (‘Acetex’, Canada) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Celanese: chemical products, acetate products, polymers, food ingredients, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Celanese: chemical products, acetate products, polymers, food ingredients,

| — | for undertaking Blackstone: private merchant bank, |
| --- | --- |

—

for undertaking Blackstone: private merchant bank,

| — | for undertaking Acetex: acetyls and plastics. |
| --- | --- |

—

for undertaking Acetex: acetyls and plastics.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3625 — BLACKSTONE/ACETEX, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3625 — BLACKSTONE/ACETEX, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

---