# Official Journal C 207/24 A

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 207 |
| | |
| English edition | Information and Notices | Volume 4824 August 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 207

English edition

Information and Notices

Volume 4824 August 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 207/1 | Euro exchange rates | 1 |
| 2005/C 207/2 | Prior notification of a concentration (Case COMP/M.3921 — Advent/Herlitz) — Candidate case for simplified procedure (
  1
  ) | 2 |
| 2005/C 207/3 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 3 |
| 2005/C 207/4 | Infringement No 2003/4497 — multiple complaint | 6 |
| 2005/C 207/5 | Prior notification of a concentration (Case COMP/M.3927 — Industri Kapital/Bonna Sabla) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2005/C 207/6 | Non-opposition to a notified concentration (Case COMP/M.3829 — Maersk/PONL) (
  1
  ) | 8 |

Notice No

Contents

page

I   Information

Commission

2005/C 207/1

Euro exchange rates

1

2005/C 207/2

Prior notification of a concentration (Case COMP/M.3921 — Advent/Herlitz) — Candidate case for simplified procedure (
  1
  )

1

2

2005/C 207/3

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

3

2005/C 207/4

Infringement No 2003/4497 — multiple complaint

6

2005/C 207/5

Prior notification of a concentration (Case COMP/M.3927 — Industri Kapital/Bonna Sabla) — Candidate case for simplified procedure (
  1
  )

1

7

2005/C 207/6

Non-opposition to a notified concentration (Case COMP/M.3829 — Maersk/PONL) (
  1
  )

1

8

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 24.8.2005 | EN | Official Journal of the European Union | C 207/1 |
| --- | --- | --- | --- |

24.8.2005

EN

Official Journal of the European Union

C 207/1

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Euro exchange rates (1)

23 August 2005

(2005/C 207/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2233 |
| JPY | Japanese yen | 134,61 |
| DKK | Danish krone | 7,4581 |
| GBP | Pound sterling | 0,68020 |
| SEK | Swedish krona | 9,3674 |
| CHF | Swiss franc | 1,5534 |
| ISK | Iceland króna | 77,93 |
| NOK | Norwegian krone | 8,0085 |
| BGN | Bulgarian lev | 1,9557 |
| CYP | Cyprus pound | 0,5729 |
| CZK | Czech koruna | 29,664 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 246,08 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0285 |
| RON | Romanian leu | 3,5101 |
| SIT | Slovenian tolar | 239,51 |
| SKK | Slovak koruna | 38,800 |
| TRY | Turkish lira | 1,6724 |
| AUD | Australian dollar | 1,6194 |
| CAD | Canadian dollar | 1,4675 |
| HKD | Hong Kong dollar | 9,5095 |
| NZD | New Zealand dollar | 1,7546 |
| SGD | Singapore dollar | 2,0420 |
| KRW | South Korean won | 1 256,88 |
| ZAR | South African rand | 7,9343 |
| CNY | Chinese yuan renminbi | 9,9102 |
| HRK | Croatian kuna | 7,3800 |
| IDR | Indonesian rupiah | 12 321,69 |
| MYR | Malaysian ringgit | 4,611 |
| PHP | Philippine peso | 68,413 |
| RUB | Russian rouble | 34,9150 |
| THB | Thai baht | 50,155 |

Currency

Exchange rate

USD

US dollar

1,2233

JPY

Japanese yen

134,61

DKK

Danish krone

7,4581

GBP

Pound sterling

0,68020

SEK

Swedish krona

9,3674

CHF

Swiss franc

1,5534

ISK

Iceland króna

77,93

NOK

Norwegian krone

8,0085

BGN

Bulgarian lev

1,9557

CYP

Cyprus pound

0,5729

CZK

Czech koruna

29,664

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,08

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0285

RON

Romanian leu

3,5101

SIT

Slovenian tolar

239,51

SKK

Slovak koruna

38,800

TRY

Turkish lira

1,6724

AUD

Australian dollar

1,6194

CAD

Canadian dollar

1,4675

HKD

Hong Kong dollar

9,5095

NZD

New Zealand dollar

1,7546

SGD

Singapore dollar

2,0420

KRW

South Korean won

1 256,88

ZAR

South African rand

7,9343

CNY

Chinese yuan renminbi

9,9102

HRK

Croatian kuna

7,3800

IDR

Indonesian rupiah

12 321,69

MYR

Malaysian ringgit

4,611

PHP

Philippine peso

68,413

RUB

Russian rouble

34,9150

THB

Thai baht

50,155

---

(1)

Source: reference exchange rate published by the ECB.

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| 24.8.2005 | EN | Official Journal of the European Union | C 207/2 |
| --- | --- | --- | --- |

24.8.2005

EN

Official Journal of the European Union

C 207/2

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Prior notification of a concentration

(Case COMP/M.3921 — Advent/Herlitz)

Candidate case for simplified procedure

(2005/C 207/02)

(Text with EEA relevance)

| 1. | On 16 August 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 Advent International Corporation (‘AIC’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Herlitz AG (‘Herlitz’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 16 August 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 Advent International Corporation (‘AIC’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Herlitz AG (‘Herlitz’, Germany) by way of purchase of shares.

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






  — | for AIC: private equity investment company; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for AIC: private equity investment company;

| — | for Herlitz: stationery and office supplies; logistics services. |
| --- | --- |

—

for Herlitz: stationery and office supplies; logistics services.

| 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.3921 — Advent/Herlitz, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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.3921 — Advent/Herlitz, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

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| 24.8.2005 | EN | Official Journal of the European Union | C 207/3 |
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24.8.2005

EN

Official Journal of the European Union

C 207/3

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2005/C 207/03)

Date of adoption of the decision:

Member State: Italy

Aid No: N 26/A/2004

Title: Implementing rules for Article 7 of Regional Law 11/2003 ‘General provisions on innovation’

Objective: to promote innovation in the agriculture sector, by supporting investments, pilot projects and research in innovative technologies. Public support can take the form of aid for investments (primary production, processing and marketing), pilot projects and research. This decision does not concern aid granted to fisheries' undertakings (dealt with under aid number N 26/B/2004).

Legal basis: Legge regionale 30 aprile 2003, n. 11, art. 7;

Delibera Giunta Regionale n. 3260 del 24 ottobre 2003.

Budget: EUR 5 000 000 a year

Aid intensity or amount: Investments: 40/50 % for investments in agricultural holdings (45/55 % in the case of young farmers), 40 % for investments in processing and marketing.

Pilot projects EUR 100 000 per beneficiary over three years or 50 % of eligible costs, whichever is greater.

Research: aid for public research institutions: 100 %. Aid for private research undertakings: from 25 % (35 % for SMEs) to 100 % (if results are widely disseminated).

Duration: unlimited.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Italy.

Aid No: N 115/05.

Title: Marchesi Antinori Srl programme contract.

Objective: Aid for investment in the processing and marketing of agricultural products.

Legal basis: Delibera CIPE of 29 September 2004.

Budget: EUR 16 799 650.

Aid intensity or amount: 40 %.

Duration: Until the end of the work (no later than 2006).

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Italy (Sardegna)

Aid No: N 120/A/04

Title: Regional Law No 15 of 29 December 2003 on emergency assistance for agriculture and amending Laws 21/2000 and 21/1894, with the exception of Article 4.

Objective: Re-financing of various schemes already approved, compensation for the damages caused by the yellow leaf curl virus and investments to protect animals against Blue tongue.

Legal basis:

Legge regionale 29 Dicembre 2003 n. 15 ‘Interventi urgenti a favore dell'agricoltura e modifica delle leggi regionali n. 21 del 2000 e n. 21 del 1984’.

Budget: EUR 47 millions

Aid intensity or amount: Depending on the measure

Duration: Maximum duration: 2005

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: France.

Aid No: N 124/2005.

Title: Aid granted by the French Intervention Agency (ONIC) to research and development for improving quality in the cereals sector.

Objective: To finance fundamental research activity in the cereals sector, to be carried out by highly specialised inter-trade research institutes.

Legal basis:

Articles L 621-1 ff. du Code rural.

Budget: The anticipated budget is EUR 350 000 per year, i.e. EUR 1 050 000 over three years.

Aid intensity or amount: Up to 80 % of eligible activity.

Duration: Until 2007.

Other information: This does not constitute a State aid under Article 87(1) of the Treaty.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Germany (Mecklenburg-Vorpommern)

Aid No: N 153/2004.

Title: Investment aid to EDEKA Nord GmbH for the construction of a meat factory.

Objective: Aid would be granted as a one-off investment aid in the form of an investment supplement (Investitionszulage) amounting to EUR 4 922 082 towards building a meat factory by the EDEKA Nord GmbH in Valluhn, Mecklenburg-Vorpommern.

Legal basis: The notified aid would be granted under the national law Investitionszulagegesetz (IZulG) 2005.

Budget: EUR 4 922 082.

Aid intensity or amount: 12,5 % of the eligible costs.

Duration: One-off.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Denmark

Aid No: N 181/05

Title: Aid for vaccination against Newcastle disease.

Objective: Aid would be granted towards the costs of vaccinations of hens against Newcastle disease administered in accordance with Order (Bekendtgørelse) No 1022 of 21.10.2004 of the Danish Food Office (Fødevarestyrelsen). The aid is paid for each hen used for the production of eggs for consumption, and is limited to 70 % of actual costs of vaccine, vaccination and control of vaccination.

Legal basis:

Lovbekendtgørelse nr. 297 af 21.4.2004

Budget: Ca 560 000 EUR per year.

Aid intensity or amount: 70 % of the eligible costs.

Duration: Until 2010.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Germany (Saxony-Anhalt)

Aid No: N 267/04.

Title: Aid for the establishment of a bio ethanol plant.

Objective: Aid would be provided to the company for the construction of a new factory, which will produce ethyl alcohol from agricultural regenerating raw materials (cereals and sugar treacle).

Legal basis:

Investitionszulagengesetz 1999

Budget: EUR 43,3 million.

Aid intensity or amount: 23,75 % of eligible costs. This aid is cumulated with an aid under the operational programme Saxony-Anhalt of 10 % of eligible costs.

Duration: One-off.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Italy (Veneto).

Aid No: N 335/B/04.

Title: Improvement of the zootechnical heritage.

Objective: Aid for the livestock farming sector (line and performance testing) and farm investment (purchase of animals).

Legal basis:

Legge regionale n. 40/2003 ‘Nuove norme per gli interventi in agricoltura’ — articolo 66 comma 1 lettere a) e b) ed articolo 67 comma 2 lettere a) e b).

Budget: Part of an envelope of EUR 1 000 000 for the years 2004 and 2005. Thereafter amount specified in annual finance laws.

Aid intensity or amount: 70 % for support for the livestock farming sector, 40 to 55 % for animal purchases.

Duration: Six years.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Austria (Wien).

Aid No: N 361/04.

Title: Investment aid for the construction of Fleischmarkt Inzersdorf.

Objective: Aid would be granted to Fleischmarkt Inzersdorf Errichtungs- und Betriebs GmbH as a one-off subsidy towards building a meat processing facility with wholesale activities in Inzersdorf (Wien) (hereinafter: the facility).

Legal basis:

Beschluss des Stadtrates Wien

Budget: EUR 6 097 000 (nationally financed).

Aid intensity or amount: 37 % of the eligible costs.

Duration: One-off.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Italy (Sicily)

Aid No: N 371/2004

Title: Assistance in damaged agricultural areas

Objective: To compensate for damage to farming structures as a result of bad weather.

Legal basis: Articolo 3, comma 2, lettera c), della legge 185/1992. Deliberazione della Giunta siciliana n.81 del 12 marzo 2004 e deliberazione della Giunta siciliana n.235 del 23 giugno 2004.

Budget: EUR 3 156 140

Aid intensity or amount: 100 % of the damage.

Duration: Measure implementing a scheme approved by the Commission.

Other details: Measures implementing the scheme approved by the Commission under State aid C 12/B/95 (Commission Decision 2004/307/EC, 16.12.2003, OJ L 99/2004).

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

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| 24.8.2005 | EN | Official Journal of the European Union | C 207/6 |
| --- | --- | --- | --- |

24.8.2005

EN

Official Journal of the European Union

C 207/6

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Infringement No 2003/4497 — multiple complaint

(2005/C 207/04)

On 13 July 2005, following infringement decision No 2003/4497 (multiple complaint) taken at infringements meeting A1/2005, the Commission sent Italy a supplementary reasoned opinion regarding its incorrect application of Directives 96/62/EC on ambient air quality assessment and management and 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air. In particular, the Commission considered that, by not correctly measuring ambient concentrations of PM10 particles in Civitavecchia, Rome, and consequently failing to inform the public of these concentrations regularly, Italy had failed to fulfil its obligations under Directives 96/62/EC and 99/30/EC.

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| 24.8.2005 | EN | Official Journal of the European Union | C 207/7 |
| --- | --- | --- | --- |

24.8.2005

EN

Official Journal of the European Union

C 207/7

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Prior notification of a concentration

(Case COMP/M.3927 — Industri Kapital/Bonna Sabla)

Candidate case for simplified procedure

(2005/C 207/05)

(Text with EEA relevance)

| 1. | On 16 August 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 Industri Kapital Ltd (‘Industri Kapital’, UK), through the vehicle company Sinclair SAS, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Bonna Sabla SA (‘Bonna Sabla’, France) by way of purchase of shares. |
| --- | --- |

1.

On 16 August 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 Industri Kapital Ltd (‘Industri Kapital’, UK), through the vehicle company Sinclair SAS, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Bonna Sabla SA (‘Bonna Sabla’, France) by way of purchase of shares.

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






  — | for undertaking Industri Kapital: private equity fund, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Industri Kapital: private equity fund,

| — | for undertaking Bonna Sabla: manufacture and sale of pre-cast concrete products, primarily for infrastructure purposes, and of metro, railway and tram sleepers. |
| --- | --- |

—

for undertaking Bonna Sabla: manufacture and sale of pre-cast concrete products, primarily for infrastructure purposes, and of metro, railway and tram sleepers.

| 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.3927 — Industri Kapital/Bonna Sabla to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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.3927 — Industri Kapital/Bonna Sabla to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

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| 24.8.2005 | EN | Official Journal of the European Union | C 207/8 |
| --- | --- | --- | --- |

24.8.2005

EN

Official Journal of the European Union

C 207/8

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Non-opposition to a notified concentration

(Case COMP/M.3829 — Maersk/PONL)

(2005/C 207/06)

(Text with EEA relevance)

On 29 July 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(2) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32005M3829. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3829. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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