# Official Journal C 227/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.227.eng |
| --- | --- |
| Official Journal
  of the European Union | C 227 |
| | |
| English edition | Information and Notices | Volume 542 August 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.227.eng

Official Journal

of the European Union

C 227

English edition

Information and Notices

Volume 542 August 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 227/01 | Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/486/CFSP and Council Regulation (EU) No 753/2011 concerning restrictive measures in view of the situation in Afghanistan apply | 1 |
| 2011/C 227/02 | Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/273/CFSP, as implemented by Council Implementing Decision 2011/488/CFSP, and in Council Regulation (EU) No 442/2011, as implemented by Council Implementing Regulation (EU) No 755/2011 concerning restrictive measures against Syria apply | 3 |
| | European Commission |
| 2011/C 227/03 | Euro exchange rates | 4 |
| 2011/C 227/04 | Explanatory Notes to the Combined Nomenclature of the European Union | 5 |
| 2011/C 227/05 | Explanatory Notes to the Combined Nomenclature of the European Union | 6 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 227/01

Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/486/CFSP and Council Regulation (EU) No 753/2011 concerning restrictive measures in view of the situation in Afghanistan apply

1

2011/C 227/02

Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/273/CFSP, as implemented by Council Implementing Decision 2011/488/CFSP, and in Council Regulation (EU) No 442/2011, as implemented by Council Implementing Regulation (EU) No 755/2011 concerning restrictive measures against Syria apply

3

European Commission

2011/C 227/03

Euro exchange rates

4

2011/C 227/04

Explanatory Notes to the Combined Nomenclature of the European Union

5

2011/C 227/05

Explanatory Notes to the Combined Nomenclature of the European Union

6

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 227/06 | Prior notification of a concentration (Case COMP/M.6308 — VFC/Timberland) — Candidate case for simplified procedure (
  1
  ) | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 227/06

Prior notification of a concentration (Case COMP/M.6308 — VFC/Timberland) — Candidate case for simplified procedure (
  1
  )

1

7

| | |
| --- | --- |
| 2011/C 227/07 | Note to the reader (see page 3 of the cover) | s3 |

2011/C 227/07

Note to the reader (see page 3 of the cover)

Note to the reader

s3

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

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(1)   Text with EEA relevance

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 2.8.2011 | EN | Official Journal of the European Union | C 227/1 |
| --- | --- | --- | --- |

2.8.2011

EN

Official Journal of the European Union

C 227/1

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Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/486/CFSP and Council Regulation (EU) No 753/2011 concerning restrictive measures in view of the situation in Afghanistan apply

2011/C 227/01

THE COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/486/CFSP (1) and in Annex I to Council Regulation (EU) No 753/2011 (2) concerning restrictive measures in view of the situation in Afghanistan.

The United Nations Security Council has adopted Resolution 1988 (2011), imposing restrictive measures with respect to individuals and entities designated, prior to the date of adoption of this Resolution, as the Taliban, and other individuals, groups, undertakings and entities associated with them, as specified in section A (‘Individuals associated with the Taliban’) and section B (‘entities and other groups and undertaking associated with the Taliban’) of the Consolidated List of the Committee established pursuant to Resolutions 1267 (1999) and 1333 (2000), as well as other individuals, groups, undertakings and entities associated with the Taliban.

The persons concerned may submit at any time a request to the UN Committee established pursuant to paragraph 30 of UNSCR 1988 (2011), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:

| United Nations — Focal point for delisting |
| --- |
| Security Council Subsidiary Organs Branch |
| Room S-3055 E |
| New York, NY 10017 |
| UNITED STATES OF AMERICA |

United Nations — Focal point for delisting

Security Council Subsidiary Organs Branch

Room S-3055 E

New York, NY 10017

UNITED STATES OF AMERICA

See for more information at: http://www.un.org/sc/committees/751/comguide.shtml

Further to the UN decision, the Council of the European Union has determined that the persons that designated in the above-mentioned Resolution should be included in the lists of persons, groups, undertakings and entities which are subject to the restrictive measures provided for in Council Decision 2011/486/CFSP and Council Regulation (EU) No 753/2011. The grounds for listing of the persons concerned appear in the relevant entries in Annex to the Council Decision and in Annex I to the Council Regulation.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Regulation (EU) No 753/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 5 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG K Coordination |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

DG K Coordination

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 199, 2.8.2011, p. 57.

(2)  OJ L 199, 2.8.2011, p. 1.

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| 2.8.2011 | EN | Official Journal of the European Union | C 227/3 |
| --- | --- | --- | --- |

2.8.2011

EN

Official Journal of the European Union

C 227/3

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Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/273/CFSP, as implemented by Council Implementing Decision 2011/488/CFSP, and in Council Regulation (EU) No 442/2011, as implemented by Council Implementing Regulation (EU) No 755/2011 concerning restrictive measures against Syria apply

2011/C 227/02

THE COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/273/CFSP, as implemented by Council Implementing Decision 2011/488/CFSP (1), and in Annex II to Council Regulation (EU) No 442/2011, as implemented by Council Implementing Regulation (EU) No 755/2011 (2) concerning restrictive measures against Syria.

The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2011/273/CFSP and in Council Regulation (EU) No 442/2011 concerning restrictive measures against Syria. The grounds for designations of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex III to Council Regulation (EU) No 442/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 6 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG K Coordination |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

DG K Coordination

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 199, 2.8.2011, p. 74.

(2)  OJ L 199, 2.8.2011, p. 33.

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European Commission

| 2.8.2011 | EN | Official Journal of the European Union | C 227/4 |
| --- | --- | --- | --- |

2.8.2011

EN

Official Journal of the European Union

C 227/4

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Euro exchange rates (1)

1 August 2011

2011/C 227/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4415 |
| JPY | Japanese yen | 110,84 |
| DKK | Danish krone | 7,4501 |
| GBP | Pound sterling | 0,87955 |
| SEK | Swedish krona | 9,0070 |
| CHF | Swiss franc | 1,1270 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,6935 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,160 |
| HUF | Hungarian forint | 267,90 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 3,9828 |
| RON | Romanian leu | 4,2215 |
| TRY | Turkish lira | 2,4116 |
| AUD | Australian dollar | 1,3041 |
| CAD | Canadian dollar | 1,3713 |
| HKD | Hong Kong dollar | 11,2310 |
| NZD | New Zealand dollar | 1,6348 |
| SGD | Singapore dollar | 1,7299 |
| KRW | South Korean won | 1 511,39 |
| ZAR | South African rand | 9,6076 |
| CNY | Chinese yuan renminbi | 9,2746 |
| HRK | Croatian kuna | 7,4300 |
| IDR | Indonesian rupiah | 12 193,12 |
| MYR | Malaysian ringgit | 4,2373 |
| PHP | Philippine peso | 60,449 |
| RUB | Russian rouble | 39,7390 |
| THB | Thai baht | 42,827 |
| BRL | Brazilian real | 2,2296 |
| MXN | Mexican peso | 16,7930 |
| INR | Indian rupee | 63,5340 |

Currency

Exchange rate

USD

US dollar

1,4415

JPY

Japanese yen

110,84

DKK

Danish krone

7,4501

GBP

Pound sterling

0,87955

SEK

Swedish krona

9,0070

CHF

Swiss franc

1,1270

ISK

Iceland króna

NOK

Norwegian krone

7,6935

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,160

HUF

Hungarian forint

267,90

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

3,9828

RON

Romanian leu

4,2215

TRY

Turkish lira

2,4116

AUD

Australian dollar

1,3041

CAD

Canadian dollar

1,3713

HKD

Hong Kong dollar

11,2310

NZD

New Zealand dollar

1,6348

SGD

Singapore dollar

1,7299

KRW

South Korean won

1 511,39

ZAR

South African rand

9,6076

CNY

Chinese yuan renminbi

9,2746

HRK

Croatian kuna

7,4300

IDR

Indonesian rupiah

12 193,12

MYR

Malaysian ringgit

4,2373

PHP

Philippine peso

60,449

RUB

Russian rouble

39,7390

THB

Thai baht

42,827

BRL

Brazilian real

2,2296

MXN

Mexican peso

16,7930

INR

Indian rupee

63,5340

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(1)  Source: reference exchange rate published by the ECB.

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| 2.8.2011 | EN | Official Journal of the European Union | C 227/5 |
| --- | --- | --- | --- |

2.8.2011

EN

Official Journal of the European Union

C 227/5

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Explanatory Notes to the Combined Nomenclature of the European Union

2011/C 227/04

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

Page 55

The Explanatory Notes to subheading 0904 20 10 are amended as follows:

‘0904 20 10   Sweet peppers

The peppers of this subheading (Capsicum annuum) are relatively large in size and have a sweet flavour (without a burning taste). They can have different colours. This subheading covers only dry peppers, whole or in pieces but neither crushed nor ground.’.

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(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 137, 6.5.2011, p. 1.

2

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| 2.8.2011 | EN | Official Journal of the European Union | C 227/6 |
| --- | --- | --- | --- |

2.8.2011

EN

Official Journal of the European Union

C 227/6

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Explanatory Notes to the Combined Nomenclature of the European Union

2011/C 227/05

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

Page 46

The following paragraph is added before heading ‘0711’:

| ‘0710 | Vegetables (uncooked or cooked by steaming or boiling in water), frozen
  The expression “frozen” as defined in the HS Explanatory Notes to this chapter, third paragraph, is also to be seen by the criteria set out in the judgment of the Court of Justice of the European Union in Case 120/75. By analogy, following the Court's interpretation of these criteria in its judgment in Case C-423/09, the process of freezing must give rise to substantial and irreversible changes, with the result that the product is no longer in the natural state.
  Therefore products are “frozen” when the products which are subjected to the freezing processes undergo certain irreversible changes as a result of this very process, in particular to the structure of the cells, with the result that these products are no longer in the natural state, even after they have started to thaw or have thawed out.’. |
| --- | --- |

‘0710

The expression “frozen” as defined in the HS Explanatory Notes to this chapter, third paragraph, is also to be seen by the criteria set out in the judgment of the Court of Justice of the European Union in Case 120/75. By analogy, following the Court's interpretation of these criteria in its judgment in Case C-423/09, the process of freezing must give rise to substantial and irreversible changes, with the result that the product is no longer in the natural state.

Therefore products are “frozen” when the products which are subjected to the freezing processes undergo certain irreversible changes as a result of this very process, in particular to the structure of the cells, with the result that these products are no longer in the natural state, even after they have started to thaw or have thawed out.’.

Page 53

Page 53

The first paragraph of heading ‘0811’ is replaced by the following:

0811

‘The expression “frozen” as defined in the HS Explanatory Notes to this chapter, second paragraph, is also to be seen by the criteria set out in the judgment of the Court of Justice of the European Union in Case 120/75. By analogy, following the Court's interpretation of these criteria in its judgment in Case C-423/09, the process of freezing must give rise to substantial and irreversible changes, with the result that the product is no longer in the natural state.

Therefore products are “frozen” when the products which are subjected to the freezing processes undergo certain irreversible changes as a result of this very process, in particular to the structure of the cells, with the result that these products are no longer in the natural state, even after they have started to thaw or have thawed out.’.

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(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 137, 6.5.2011, p. 1.

2

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 2.8.2011 | EN | Official Journal of the European Union | C 227/7 |
| --- | --- | --- | --- |

2.8.2011

EN

Official Journal of the European Union

C 227/7

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Prior notification of a concentration

(Case COMP/M.6308 — VFC/Timberland)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 227/06

| 1. | On 27 July 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which V.F. Corporation (‘VF’, USA) acquire sole control of The Timberland Company (‘Timberland’ USA) and all of its subsidiaries within the meaning of Article 3(1)(b) of the Merger Regulation by way of purchase of shares. |
| --- | --- |

1.

On 27 July 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which V.F. Corporation (‘VF’, USA) acquire sole control of The Timberland Company (‘Timberland’ USA) and all of its subsidiaries within the meaning of Article 3(1)(b) of the Merger Regulation by way of purchase of shares.

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






  — | for VF: the design, development and distribution of branded lifestyle apparel and related goods through a number of consumer brands such as ‘The North Face’, ‘Lee’, ‘Wrangler’, ‘Reef’, ‘Vans’ and ‘Napapijri’. VF is a publicly listed company on the New York Stock Exchange and operates worldwide, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for VF: the design, development and distribution of branded lifestyle apparel and related goods through a number of consumer brands such as ‘The North Face’, ‘Lee’, ‘Wrangler’, ‘Reef’, ‘Vans’ and ‘Napapijri’. VF is a publicly listed company on the New York Stock Exchange and operates worldwide,

| — | for Timberland: the design, development and marketing of premium quality footwear and apparel and accessories for men, women and children. Timberland is a publicly listed company on the New York Stock Exchange and operates in North America, Europe and Asia. |
| --- | --- |

—

for Timberland: the design, development and marketing of premium quality footwear and apparel and accessories for men, women and children. Timberland is a publicly listed company on the New York Stock Exchange and operates in North America, Europe and Asia.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6308 — VFC/Timberland, to the following address:





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

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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6308 — VFC/Timberland, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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2.8.2011

| 2.8.2011 | EN | Official Journal of the European Union | C 227/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 227/s3

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NOTICE

On 2 August 2011, in Official Journal of the European Union C 227 A, the ‘Common catalogue of varieties of agricultural plant species — sixth supplement to the 29th complete edition’ will be published.

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