# Official Journal C 195/31 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 195 |
| | |
| English edition | Information and Notices | Volume 4731 July 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 195

English edition

Information and Notices

Volume 4731 July 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 195/1 | Euro exchange rates | 1 |
| 2004/C 195/2 | Commission decision declaring that the compensation granted to Česká spořitelna, a.s., for taking over claims against AB Banka, a.s. constitutes existing aid within the meaning of Article 88(1) of the EC Treaty. The other measures in favour of Česká spořitelna, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession (
  1
  ) | 2 |
| 2004/C 195/3 | Prior notification of a concentration (Case No COMP/M.3481 — HUTCHISON WHAMPOA/ROSSMANN BETEILIGUNG/DIRK ROSSMANN) — Candidate case for simplified procedure (
  1
  ) | 3 |
| 2004/C 195/4 | Prior notification of a concentration (Case No COMP/M.3507 — HELSINGIN/VANTAAN/E.ON FINLAND/LAHTI/SEU) — Candidate case for simplified procedure (
  1
  ) | 4 |
| 2004/C 195/5 | Prior notification of a concentration (Case No COMP/M. 3537 — BBVA/BNL) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2004/C 195/6 | Non-opposition to a notified concentration (Case No COMP/M.3489 — GOLDMAN SACHS/CERBERUS/GWS BERLIN) (
  1
  ) | 6 |
| 2004/C 195/7 | Non-opposition to a notified concentration (Case No COMP/M.3438 — PUTNAM/UNION INVESTMENT/UNION PANAGORA) (
  1
  ) | 6 |
| 2004/C 195/8 | Non-opposition to a notified concentration (Case No COMP/M.3415 — CRH/SEMAPA/SECIL JV) (
  1
  ) | 7 |
| 2004/C 195/9 | Non-opposition to a notified concentration (Case No COMP/M.3090 — VOLKSWAGEN/OFFSET/CRESCENT/LEASEPLAN JV) (
  1
  ) | 7 |
| | European Central Bank |
| 2004/C 195/0 | Notice of the European Central Bank on the imposition of sanctions for infringements of balance sheet statistical reporting requirements | 8 |

Notice No

Contents

page

I   Information

Commission

2004/C 195/1

Euro exchange rates

1

2004/C 195/2

Commission decision declaring that the compensation granted to Česká spořitelna, a.s., for taking over claims against AB Banka, a.s. constitutes existing aid within the meaning of Article 88(1) of the EC Treaty. The other measures in favour of Česká spořitelna, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession (
  1
  )

1

2

2004/C 195/3

Prior notification of a concentration (Case No COMP/M.3481 — HUTCHISON WHAMPOA/ROSSMANN BETEILIGUNG/DIRK ROSSMANN) — Candidate case for simplified procedure (
  1
  )

1

3

2004/C 195/4

Prior notification of a concentration (Case No COMP/M.3507 — HELSINGIN/VANTAAN/E.ON FINLAND/LAHTI/SEU) — Candidate case for simplified procedure (
  1
  )

1

4

2004/C 195/5

Prior notification of a concentration (Case No COMP/M. 3537 — BBVA/BNL) — Candidate case for simplified procedure (
  1
  )

1

5

2004/C 195/6

Non-opposition to a notified concentration (Case No COMP/M.3489 — GOLDMAN SACHS/CERBERUS/GWS BERLIN) (
  1
  )

1

6

2004/C 195/7

Non-opposition to a notified concentration (Case No COMP/M.3438 — PUTNAM/UNION INVESTMENT/UNION PANAGORA) (
  1
  )

1

6

2004/C 195/8

Non-opposition to a notified concentration (Case No COMP/M.3415 — CRH/SEMAPA/SECIL JV) (
  1
  )

1

7

2004/C 195/9

Non-opposition to a notified concentration (Case No COMP/M.3090 — VOLKSWAGEN/OFFSET/CRESCENT/LEASEPLAN JV) (
  1
  )

1

7

European Central Bank

2004/C 195/0

Notice of the European Central Bank on the imposition of sanctions for infringements of balance sheet statistical reporting requirements

8

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

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(1)   Text with EEA relevance

1

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

EN

---

I Information

Commission

| 31.7.2004 | EN | Official Journal of the European Union | C 195/1 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/1

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Euro exchange rates (1)

30 July 2004

(2004/C 195/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2039 |
| JPY | Japanese yen | 134,19 |
| DKK | Danish krone | 7,4357 |
| GBP | Pound sterling | 0,66255 |
| SEK | Swedish krona | 9,2357 |
| CHF | Swiss franc | 1,5414 |
| ISK | Iceland króna | 86,36 |
| NOK | Norwegian krone | 8,4200 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,57980 |
| CZK | Czech koruna | 31,693 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 248,30 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6545 |
| MTL | Maltese lira | 0,4249 |
| PLN | Polish zloty | 4,3916 |
| ROL | Romanian leu | 41 125 |
| SIT | Slovenian tolar | 239,9800 |
| SKK | Slovak koruna | 40,045 |
| TRL | Turkish lira | 1 769 700 |
| AUD | Australian dollar | 1,7165 |
| CAD | Canadian dollar | 1,5921 |
| HKD | Hong Kong dollar | 9,3902 |
| NZD | New Zealand dollar | 1,8917 |
| SGD | Singapore dollar | 2,0732 |
| KRW | South Korean won | 1 408,74 |
| ZAR | South African rand | 7,5194 |

Currency

Exchange rate

USD

US dollar

1,2039

JPY

Japanese yen

134,19

DKK

Danish krone

7,4357

GBP

Pound sterling

0,66255

SEK

Swedish krona

9,2357

CHF

Swiss franc

1,5414

ISK

Iceland króna

86,36

NOK

Norwegian krone

8,4200

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,57980

CZK

Czech koruna

31,693

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

248,30

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6545

MTL

Maltese lira

0,4249

PLN

Polish zloty

4,3916

ROL

Romanian leu

41 125

SIT

Slovenian tolar

239,9800

SKK

Slovak koruna

40,045

TRL

Turkish lira

1 769 700

AUD

Australian dollar

1,7165

CAD

Canadian dollar

1,5921

HKD

Hong Kong dollar

9,3902

NZD

New Zealand dollar

1,8917

SGD

Singapore dollar

2,0732

KRW

South Korean won

1 408,74

ZAR

South African rand

7,5194

---

(1)

Source: reference exchange rate published by the ECB.

---

| 31.7.2004 | EN | Official Journal of the European Union | C 195/2 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/2

---

Commission decision declaring that the compensation granted to Česká spořitelna, a.s., for taking over claims against AB Banka, a.s. constitutes existing aid within the meaning of Article 88(1) of the EC Treaty. The other measures in favour of Česká spořitelna, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession

(2004/C 195/02)

(Text with EEA relevance)

| Date of adoption of the decision | : | 28.1.2004 |
| --- | --- | --- |
| Member State | : | The Czech Republic |
| Aid No | : | State aid No. CZ 14/2003 |
| Title | : | Česká spořitelna, a.s. |
| Objective [sector] | : | Aid to the banking sector |
| Legal basis | : | NN |
| Budget | : | NN |
| Aid intensity or amount | : | (where appropriate, ‘measure not constituting aid’); NN |
| Duration | : | NN |
| Other information | : | Commission decision declaring that the compensation granted to Česká spořitelna, a.s., for taking over claims against AB Banka, a.s. constitutes existing aid within the meaning of Article 88(1) of the EC Treaty. The other measures in favour of Česká spořitelna, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession. |

Date of adoption of the decision

:

28.1.2004

Member State

:

The Czech Republic

Aid No

:

State aid No. CZ 14/2003

Title

:

Česká spořitelna, a.s.

Objective [sector]

:

Aid to the banking sector

Legal basis

:

NN

Budget

:

NN

Aid intensity or amount

:

(where appropriate, ‘measure not constituting aid’); NN

Duration

:

NN

Other information

:

Commission decision declaring that the compensation granted to Česká spořitelna, a.s., for taking over claims against AB Banka, a.s. constitutes existing aid within the meaning of Article 88(1) of the EC Treaty. The other measures in favour of Česká spořitelna, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession.

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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| 31.7.2004 | EN | Official Journal of the European Union | C 195/3 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/3

---

Prior notification of a concentration

(Case No COMP/M.3481 — HUTCHISON WHAMPOA/ROSSMANN BETEILIGUNG/DIRK ROSSMANN)

Candidate case for simplified procedure

(2004/C 195/03)

(Text with EEA relevance)

| 1. | On 23 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Hutchison Whampoa Ltd. (‘Hutchison’, Hong Kong) and Rossmann Beteiligungs GmbH (‘Rossmann Beteiligung’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the German undertaking Dirk Rossmann GmbH (‘Dirk Rossmann’) by way of purchase of shares. |
| --- | --- |

1.

On 23 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Hutchison Whampoa Ltd. (‘Hutchison’, Hong Kong) and Rossmann Beteiligungs GmbH (‘Rossmann Beteiligung’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the German undertaking Dirk Rossmann GmbH (‘Dirk Rossmann’) by way of purchase of shares.

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






  — | for undertaking Hutchison: diversified manufacturing and services group, including inter alia activities in the retail sale of health and beauty products in Europe, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Hutchison: diversified manufacturing and services group, including inter alia activities in the retail sale of health and beauty products in Europe,

| — | for undertaking Rossmann Beteiligung: holding company with activities inter alia in the retail sale of health and beauty products; property management, |
| --- | --- |

—

for undertaking Rossmann Beteiligung: holding company with activities inter alia in the retail sale of health and beauty products; property management,

| — | for undertaking Dirk Rossmann: retail sale of health and beauty products. |
| --- | --- |

—

for undertaking Dirk Rossmann: retail sale of health and beauty 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 (EEC) No 4064/89 (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 (EEC) No 4064/89 (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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3481 — Hutchison Whampoa/Rossmann Beteiligung/Dirk Rossmann, 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3481 — Hutchison Whampoa/Rossmann Beteiligung/Dirk Rossmann, 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)  OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

---

| 31.7.2004 | EN | Official Journal of the European Union | C 195/4 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/4

---

Prior notification of a concentration

(Case No COMP/M.3507 — HELSINGIN/VANTAAN/E.ON FINLAND/LAHTI/SEU)

Candidate case for simplified procedure

(2004/C 195/04)

(Text with EEA relevance)

| 1. | On 23 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Helsingin Energia (‘Helsingin’, Finland), Vantaan Energia Oy (‘Vantaan’, Finland), E.ON Finland Oy, controlled by E.On AG (‘E.ON’, Germany), and Lahti Energia Oy (‘Lahti’, Finland) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Finnish undertaking Suomen Energia-Urakointi Oy (‘SEU’) by way of purchase of shares. |
| --- | --- |

1.

On 23 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Helsingin Energia (‘Helsingin’, Finland), Vantaan Energia Oy (‘Vantaan’, Finland), E.ON Finland Oy, controlled by E.On AG (‘E.ON’, Germany), and Lahti Energia Oy (‘Lahti’, Finland) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Finnish undertaking Suomen Energia-Urakointi Oy (‘SEU’) by way of purchase of shares.

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






  — | for undertaking Helsingin: generation and supply of electricity and district heat, distribution and supply of natural gas and related services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Helsingin: generation and supply of electricity and district heat, distribution and supply of natural gas and related services,

| — | for undertaking Vantaan: generation and supply of electricity and district heat, distribution and supply of natural gas and related services; sale of light fuel oil, |
| --- | --- |

—

for undertaking Vantaan: generation and supply of electricity and district heat, distribution and supply of natural gas and related services; sale of light fuel oil,

| — | for undertaking E.ON: generation and supply of electricity and district heat, distribution and supply of natural gas and related services, |
| --- | --- |

—

for undertaking E.ON: generation and supply of electricity and district heat, distribution and supply of natural gas and related services,

| — | for undertaking Lahti: generation and supply of electricity and district heat, distribution and supply of natural gas and related services, |
| --- | --- |

—

for undertaking Lahti: generation and supply of electricity and district heat, distribution and supply of natural gas and related services,

| — | for undertaking SEU: construction and maintenance services for electricity and exterior lighting networks. |
| --- | --- |

—

for undertaking SEU: construction and maintenance services for electricity and exterior lighting networks.

| 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 (EEC) No 4064/89 (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 (EEC) No 4064/89 (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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3507 — HELSINGIN/VANTAAN/E.ON FINLAND/LAHTI/SEU, 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3507 — HELSINGIN/VANTAAN/E.ON FINLAND/LAHTI/SEU, 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)  OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

---

| 31.7.2004 | EN | Official Journal of the European Union | C 195/5 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/5

---

Prior notification of a concentration

(Case No COMP/M. 3537 — BBVA/BNL)

Candidate case for simplified procedure

(2004/C 195/05)

(Text with EEA relevance)

| 1. | On 22 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertaking Banco Bilbao Vizcaya Argentaria S.A. (‘BBVA’, Spain) acquires within the meaning of Article 3(1)(b) of the Council Regulation, control of the undertaking Banca Nazionale del Lavoro S.p.A. (‘BNL’, Italy) by way of a shareholders agreement. |
| --- | --- |

1.

On 22 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertaking Banco Bilbao Vizcaya Argentaria S.A. (‘BBVA’, Spain) acquires within the meaning of Article 3(1)(b) of the Council Regulation, control of the undertaking Banca Nazionale del Lavoro S.p.A. (‘BNL’, Italy) by way of a shareholders agreement.

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






  — | for BBVA: banking and financial services, mainly in Spain and Latin America, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for BBVA: banking and financial services, mainly in Spain and Latin America,

| — | for BNL: banking and financial services, mainly in Italy. |
| --- | --- |

—

for BNL: banking and financial services, mainly in Italy.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. 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 (EEC) No 4064/89 (3) 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 concentration could fall within the scope of Regulation (EEC) No 4064/89. 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 (EEC) No 4064/89 (3) 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M. 3537 — BBVA/BNL 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M. 3537 — BBVA/BNL to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 395, 30.12.1989, p. 1 ; corrigendum: OJ L 257, 21.9.1990, p. 13.

(2)  OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

(3)  OJ C 217, 29.7.2000, p. 32.

---

| 31.7.2004 | EN | Official Journal of the European Union | C 195/6 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/6

---

Non-opposition to a notified concentration

(Case No COMP/M.3489 — GOLDMAN SACHS/CERBERUS/GWS BERLIN)

(2004/C 195/06)

(Text with EEA relevance)

On 22 July 2004, 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(1)(b) 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/) free of charge. 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/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3489. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below: |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3489. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm

---

| 31.7.2004 | EN | Official Journal of the European Union | C 195/6 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/6

---

Non-opposition to a notified concentration

(Case No COMP/M.3438 — PUTNAM/UNION INVESTMENT/UNION PANAGORA)

(2004/C 195/07)

(Text with EEA relevance)

On 9 July 2004, 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(1)(b) 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/) free of charge. 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/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3438. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below: |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3438. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm

---

| 31.7.2004 | EN | Official Journal of the European Union | C 195/7 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/7

---

Non-opposition to a notified concentration

(Case No COMP/M.3415 — CRH/SEMAPA/SECIL JV)

(2004/C 195/08)

(Text with EEA relevance)

On 28 May 2004, 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(1)(b) of Council Regulation (EEC) No 4064/89. 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/) free of charge. 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/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3415. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below: |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3415. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm

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| 31.7.2004 | EN | Official Journal of the European Union | C 195/7 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/7

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Non-opposition to a notified concentration

(Case No COMP/M.3090 — VOLKSWAGEN/OFFSET/CRESCENT/LEASEPLAN JV)

(2004/C 195/09)

(Text with EEA relevance)

On 29 June 2004, 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(1)(b) 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/) free of charge. 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/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3090. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below: |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3090. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm

---

European Central Bank

| 31.7.2004 | EN | Official Journal of the European Union | C 195/8 |
| --- | --- | --- | --- |

31.7.2004

EN

Official Journal of the European Union

C 195/8

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NOTICE OF THE EUROPEAN CENTRAL BANK ON THE IMPOSITION OF SANCTIONS FOR INFRINGEMENTS OF BALANCE SHEET STATISTICAL REPORTING REQUIREMENTS

(2004/C 195/10)

1.   Introduction

Article 7(1) of Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1) states that the European Central Bank (ECB) shall have the power to impose sanctions on reporting agents which are subject to reporting requirements and residing in a participating Member State and which fail to comply with the obligations resulting from that Regulation or from ECB regulations or decisions defining and imposing the ECB's statistical reporting requirements.

Article 7(4) of Regulation (EC) No 2533/98 sets forth the maximum sanctions which the ECB may impose on reporting agents: in the event of an infringement of the obligation of timeliness, a daily penalty not exceeding EUR 10 000, with the total fine not exceeding EUR 100 000; in the event that the statistical information supplied is incorrect, incomplete or in a form not complying with the requirement, a fine not exceeding EUR 200 000; and in the event of an infringement of the obligation to allow the ECB or the national central banks (NCBs) to verify the accuracy and quality of the supplied statistical information, a fine not exceeding EUR 200 000.

Within the abovementioned limits, to ensure the transparency of the ECB's sanctioning policy, this notice explains the principles which the ECB will follow, from the reference period December 2004 for monthly reporting requirements and fourth quarter 2004 for quarterly reporting requirements, in imposing sanctions for infringements of balance sheet statistical reporting requirements due to failure to comply with the minimum standards laid down in Annex IV to Regulation ECB/2001/13 of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institutions sector (2).

2.   General principles

Sanctions may be applied in the event of failure to comply with minimum standards for transmission, including timeliness (see Article 7(2)(a) of Regulation (EC) No 2533/98 and Section 1 of Annex IV to Regulation ECB/2001/13), and with minimum standards for accuracy and conceptual compliance (see Article 7(2)(b) of Regulation (EC) No 2533/98 and Sections 2 to 4 of Annex IV to Regulation ECB/2001/13).

A reporting agent complies with the minimum standards for timeliness if it reports its balance sheet data by the deadline set by the relevant NCB (see Section 1(a) of Annex IV). Verification of compliance with the minimum standards for timeliness will only take place with respect to a balance sheet that meets the technical reporting requirements set by the NCB (e.g. in terms of format) (see Section 1(b) to (d) of Annex IV).

A reporting agent complies with the minimum standards for accuracy if its balance sheet data fulfil all linear constraints (e.g. subtotals add up to totals) and data are consistent across frequencies.

A reporting agent complies with the minimum standards for conceptual compliance if its balance sheet data meet the definitions and classifications set out in Regulation ECB/2001/13.

For these types of infringements, the method of determining the sanction will be based on the principles laid down in Sections 3 and 4 below, starting with the derivation of a baseline amount which may then be reduced or increased in the light of attenuating or aggravating circumstances as referred to in Article 2(3) of Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (3).

Exceptionally, the ECB may decide not to sanction an infringement due to particularly important attenuating circumstances.

In the case of serious misconduct, the ECB will not follow the principles laid down in Sections 3 and 4 below, rather it will determine the sanction on a case-by-case basis, subject to the principle of proportionality and the limit of EUR 200 000 laid down in Article 7(4) of Regulation (EC) No 2533/98. The term 'serious misconduct' refers to infringements of reporting requirements by reporting agents such as intentional incorrect reporting and/or a manifestly insufficient degree of diligence or cooperation. Serious misconduct includes the following situations:

| (a) | systematic failure to comply with the minimum standards for revisions; |
| --- | --- |

(a)

systematic failure to comply with the minimum standards for revisions;

| (b) | incorrect reporting due to fraudulent behaviour; |
| --- | --- |

(b)

incorrect reporting due to fraudulent behaviour;

| (c) | systematic reporting of incorrect data; |
| --- | --- |

(c)

systematic reporting of incorrect data;

| (d) | blatant failure to cooperate with the relevant NCB and/or the ECB. |
| --- | --- |

(d)

blatant failure to cooperate with the relevant NCB and/or the ECB.

3.   Baseline amount of the sanction applied to infringements other than serious misconduct

The determination of the sanction starts from the derivation of a baseline amount. This amount reflects quantitative aspects. The baseline amount will increase according to the seriousness of the infringement.

In the case of infringement of the obligation of timeliness, the seriousness of the infringement will depend on the number of working days of delay with respect to the deadline set by the relevant NCB. In addition, the amount of the sanction will vary in accordance with the economic size of the reporting agent, measured by the total assets/liabilities of its balance sheet.

In the case of inaccuracy and/or conceptual non-compliance, the seriousness of the infringement will depend on the size of the discrepancy between the inaccurate and/or conceptually non-compliant balance sheet data and accurate and/or conceptually compliant data. The amount of the sanction will also reflect the economic size of the reporting agent. In assessing infringements concerning inaccuracy and/or conceptual non-compliance, the ECB will not take into account errors of a rounding nature or negligible errors. In addition, as regards conceptual non-compliance, ordinary revisions, i.e. non-systematic revisions to the series reported within the period (month or quarter) following the first reporting, will not be considered as cases of conceptual non-compliance.

4.   Aggravating and attenuating circumstances concerning infringements other than serious misconduct

Aggravating and/or attenuating circumstances will be taken into account and may result in an increase or decrease of the baseline amount.

Aggravating circumstances include the following situations, as referred to in Article 2(3) of Regulation (EC) No 2532/98:

| (a) | repeated and/or frequent infringements; |
| --- | --- |

(a)

repeated and/or frequent infringements;

| (b) | refusal to cooperate or ineffective cooperation; |
| --- | --- |

(b)

refusal to cooperate or ineffective cooperation;

| (c) | prior sanctions imposed by other authorities on the same reporting agent and based on the same facts; |
| --- | --- |

(c)

prior sanctions imposed by other authorities on the same reporting agent and based on the same facts;

| (d) | profits obtained by the reporting agent by reason of the infringement. |
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(d)

profits obtained by the reporting agent by reason of the infringement.

Attenuating circumstances include the following situations, as referred to in Article 2(3) of Regulation (EC) No 2532/98:

| (a) | diligence and effective cooperation shown by the reporting agent, in particular, if the reporting agent continues to report data to the NCB; |
| --- | --- |

(a)

diligence and effective cooperation shown by the reporting agent, in particular, if the reporting agent continues to report data to the NCB;

| (b) | good faith; |
| --- | --- |

(b)

good faith;

| (c) | openness of the reporting agent in the interpretation and fulfilment of its reporting requirements; |
| --- | --- |

(c)

openness of the reporting agent in the interpretation and fulfilment of its reporting requirements;

| (d) | lack of impact of the infringement (e.g. concerning infringements of the obligation of timeliness, a lower sanction will be applied if, although late, the reporting agent reports its balance sheet data in time to allow the NCB to include it in the transmission of the national aggregates to the ECB); |
| --- | --- |

(d)

lack of impact of the infringement (e.g. concerning infringements of the obligation of timeliness, a lower sanction will be applied if, although late, the reporting agent reports its balance sheet data in time to allow the NCB to include it in the transmission of the national aggregates to the ECB);

| (e) | infrequent infringements. |
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(e)

infrequent infringements.

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(1)  OJ L 318, 27.11.1998, p. 8.

(2)  OJ L 333, 17.12.2001, p. 1. Regulation as last amended by Regulation ECB/2003/10 (OJ L 250, 2.10.2003, p. 17).

(3)  OJ L 318, 27.11.1998, p. 4.

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