# Official Journal C 288/25 N

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 288 |
| | |
| English edition | Information and Notices | Volume 4725 November 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 288

English edition

Information and Notices

Volume 4725 November 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 288/1 | Euro exchange rates | 1 |
| 2004/C 288/2 | Prior notification of a concentration (Case COMP/M.3576 — ECT/PONL/EUROMAX) (
  1
  ) | 2 |
| 2004/C 288/3 | Prior notification of a concentration (Case COMP/M.3633 — ALCADIS/ISUZU/MITSUBISHI/ISUZU BENELUX JV) — Candidate case for simplified procedure (
  1
  ) | 3 |
| 2004/C 288/4 | Prior notification of a concentration (Case COMP/M.3611 — BORGWARNER/BERU) — Candidate case for simplified procedure (
  1
  ) | 4 |
| 2004/C 288/5 | Prior notification of a concentration (Case COMP/M.3655 — CERBERUS/PEGUFORM) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2004/C 288/6 | Uniform application of the Combined Nomenclature (CN) (Classification of goods) — Explanatory notes adopted in accordance with the procedure defined in Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EC) No 1558/2004 | 6 |

Notice No

Contents

page

I   Information

Commission

2004/C 288/1

Euro exchange rates

1

2004/C 288/2

Prior notification of a concentration (Case COMP/M.3576 — ECT/PONL/EUROMAX) (
  1
  )

1

2

2004/C 288/3

Prior notification of a concentration (Case COMP/M.3633 — ALCADIS/ISUZU/MITSUBISHI/ISUZU BENELUX JV) — Candidate case for simplified procedure (
  1
  )

1

3

2004/C 288/4

Prior notification of a concentration (Case COMP/M.3611 — BORGWARNER/BERU) — Candidate case for simplified procedure (
  1
  )

1

4

2004/C 288/5

Prior notification of a concentration (Case COMP/M.3655 — CERBERUS/PEGUFORM) — Candidate case for simplified procedure (
  1
  )

1

5

2004/C 288/6

Uniform application of the Combined Nomenclature (CN) (Classification of goods) — Explanatory notes adopted in accordance with the procedure defined in Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EC) No 1558/2004

6

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 25.11.2004 | EN | Official Journal of the European Union | C 288/1 |
| --- | --- | --- | --- |

25.11.2004

EN

Official Journal of the European Union

C 288/1

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Euro exchange rates (1)

24 November 2004

(2004/C 288/01)

1 euro
  =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3146 |
| JPY | Japanese yen | 135,26 |
| DKK | Danish krone | 7,4305 |
| GBP | Pound sterling | 0,69985 |
| SEK | Swedish krona | 8,9270 |
| CHF | Swiss franc | 1,5143 |
| ISK | Iceland króna | 87,06 |
| NOK | Norwegian krone | 8,1320 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5786 |
| CZK | Czech koruna | 31,021 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,10 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6824 |
| MTL | Maltese lira | 0,4324 |
| PLN | Polish zloty | 4,2156 |
| ROL | Romanian leu | 39 474 |
| SIT | Slovenian tolar | 239,79 |
| SKK | Slovak koruna | 39,315 |
| TRL | Turkish lira | 1 877 100 |
| AUD | Australian dollar | 1,6687 |
| CAD | Canadian dollar | 1,5537 |
| HKD | Hong Kong dollar | 10,2181 |
| NZD | New Zealand dollar | 1,8481 |
| SGD | Singapore dollar | 2,1578 |
| KRW | South Korean won | 1 402,28 |
| ZAR | South African rand | 7,8432 |

Currency

Exchange rate

USD

US dollar

1,3146

JPY

Japanese yen

135,26

DKK

Danish krone

7,4305

GBP

Pound sterling

0,69985

SEK

Swedish krona

8,9270

CHF

Swiss franc

1,5143

ISK

Iceland króna

87,06

NOK

Norwegian krone

8,1320

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5786

CZK

Czech koruna

31,021

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,10

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6824

MTL

Maltese lira

0,4324

PLN

Polish zloty

4,2156

ROL

Romanian leu

39 474

SIT

Slovenian tolar

239,79

SKK

Slovak koruna

39,315

TRL

Turkish lira

1 877 100

AUD

Australian dollar

1,6687

CAD

Canadian dollar

1,5537

HKD

Hong Kong dollar

10,2181

NZD

New Zealand dollar

1,8481

SGD

Singapore dollar

2,1578

KRW

South Korean won

1 402,28

ZAR

South African rand

7,8432

---

(1)

Source: reference exchange rate published by the ECB.

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| 25.11.2004 | EN | Official Journal of the European Union | C 288/2 |
| --- | --- | --- | --- |

25.11.2004

EN

Official Journal of the European Union

C 288/2

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Prior notification of a concentration

(Case COMP/M.3576 — ECT/PONL/EUROMAX)

(2004/C 288/02)

(Text with EEA relevance)

| 1. | On 17 November 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 Europe Container Terminals B.V. (‘ECT’, The Netherlands), belonging to the Hutchison Whampoa Limited Group (‘Hutchison’, Hong Kong), and P&O Nedlloyd B.V. (‘PONL’, The Netherlands), belonging to Royal P&O Nedlloyd N.V. (‘Royal Nedlloyd’, The Netherlands), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Euromax Beheer B.V. (‘Euromax’, The Netherlands) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 17 November 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 Europe Container Terminals B.V. (‘ECT’, The Netherlands), belonging to the Hutchison Whampoa Limited Group (‘Hutchison’, Hong Kong), and P&O Nedlloyd B.V. (‘PONL’, The Netherlands), belonging to Royal P&O Nedlloyd N.V. (‘Royal Nedlloyd’, The Netherlands), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Euromax Beheer B.V. (‘Euromax’, The Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for ECT: port services in the Port of Rotterdam, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for ECT: port services in the Port of Rotterdam,

| — | for Hutchison: inter alia, telecommunications, retail, energy, property and port services world-wide, |
| --- | --- |

—

for Hutchison: inter alia, telecommunications, retail, energy, property and port services world-wide,

| — | for PONL: containerised liner shipping services, |
| --- | --- |

—

for PONL: containerised liner shipping services,

| — | for Royal Nedlloyd: holding company, with interest in containerised liner shipping services world-wide and air transport services, |
| --- | --- |

—

for Royal Nedlloyd: holding company, with interest in containerised liner shipping services world-wide and air transport services,

| — | for Euromax: development and operation of a terminal to be constructed in the Port of Rotterdam. |
| --- | --- |

—

for Euromax: development and operation of a terminal to be constructed in the Port of Rotterdam.

| 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.3576 — ECT/PONL/EUROMAX, 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.3576 — ECT/PONL/EUROMAX, 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.

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| 25.11.2004 | EN | Official Journal of the European Union | C 288/3 |
| --- | --- | --- | --- |

25.11.2004

EN

Official Journal of the European Union

C 288/3

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Prior notification of a concentration

(Case COMP/M.3633 — ALCADIS/ISUZU/MITSUBISHI/ISUZU BENELUX JV)

Candidate case for simplified procedure

(2004/C 288/03)

(Text with EEA relevance)

| 1. | On 16 November 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Alcadis (Belgium), Isuzu Motors Ltd (‘Isuzu’, Japan), and Mitsubishi Corporation (‘Mitsubishi’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of a newly created joint venture company Isuzu Benelux by way of purchase of shares. |
| --- | --- |

1.

On 16 November 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Alcadis (Belgium), Isuzu Motors Ltd (‘Isuzu’, Japan), and Mitsubishi Corporation (‘Mitsubishi’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of a newly created joint venture company Isuzu Benelux by way of purchase of shares.

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






  — | Alcadis: distribution of automobiles, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Alcadis: distribution of automobiles,

| — | Isuzu: manufacture of automobiles, |
| --- | --- |

—

Isuzu: manufacture of automobiles,

| — | Mitsubishi: general worldwide trading company, |
| --- | --- |

—

Mitsubishi: general worldwide trading company,

| — | Isuzu Benelux JV: distribution of automobiles and spare parts. |
| --- | --- |

—

Isuzu Benelux JV: distribution of automobiles and spare parts.

| 3. | On preliminary examination, the Commission finds that the notified concentration 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 concentration 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3633 — Alcadis/Isuzu/Mitsubishi/Isuzu Benelux JV, 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.3633 — Alcadis/Isuzu/Mitsubishi/Isuzu Benelux JV, 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.

---

| 25.11.2004 | EN | Official Journal of the European Union | C 288/4 |
| --- | --- | --- | --- |

25.11.2004

EN

Official Journal of the European Union

C 288/4

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Prior notification of a concentration

(Case COMP/M.3611 — BORGWARNER/BERU)

Candidate case for simplified procedure

(2004/C 288/04)

(Text with EEA relevance)

| 1. | On 17 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking BorgWarner Germany GmbH belonging to the BorgWarner Group (‘BorgWarner’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BERU AG (‘BERU’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 17 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking BorgWarner Germany GmbH belonging to the BorgWarner Group (‘BorgWarner’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BERU AG (‘BERU’, Germany) by way of purchase of shares.

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






  — | for BorgWarner: global supplier of parts and components primarily for engine and drivetrain applications for automotive OEMs, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for BorgWarner: global supplier of parts and components primarily for engine and drivetrain applications for automotive OEMs,

| — | for BERU: supplier of parts, components and systems for automotive and industrial OEMs and the aftermarket. |
| --- | --- |

—

for BERU: supplier of parts, components and systems for automotive and industrial OEMs and the aftermarket.

| 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.3611 — BorgWarner/BERU 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.3611 — BorgWarner/BERU 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.

---

| 25.11.2004 | EN | Official Journal of the European Union | C 288/5 |
| --- | --- | --- | --- |

25.11.2004

EN

Official Journal of the European Union

C 288/5

---

Prior notification of a concentration

(Case COMP/M.3655 — CERBERUS/PEGUFORM)

Candidate case for simplified procedure

(2004/C 288/05)

(Text with EEA relevance)

| 1. | On 18 November 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 Cerberus Group (‘Cerberus’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of substantially the whole of Peguform GmbH Co. KG i.L. (‘Peguform’, Germany) by way of purchase of shares and assets. |
| --- | --- |

1.

On 18 November 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 Cerberus Group (‘Cerberus’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of substantially the whole of Peguform GmbH Co. KG i.L. (‘Peguform’, Germany) by way of purchase of shares and assets.

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






  — | Cerberus: investment, including investments in the manufacturing and informatics sectors, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Cerberus: investment, including investments in the manufacturing and informatics sectors,

| — | Peguform: automotive components. |
| --- | --- |

—

Peguform: automotive components.

| 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.3655 — CERBERUS/PEGUFORM, 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.3655 — CERBERUS/PEGUFORM, 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.

---

| 25.11.2004 | EN | Official Journal of the European Union | C 288/6 |
| --- | --- | --- | --- |

25.11.2004

EN

Official Journal of the European Union

C 288/6

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UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

Explanatory notes adopted in accordance with the procedure defined in Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Commission Regulation (EC) No 1558/2004 (2)

(2004/C 288/06)

The ‘Explanatory notes to the Combined Nomenclature of the European Communities’ (3) shall be amended as follows:

On page 354 the following text is to be inserted:

| ‘9501 00 | Wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars); dolls' carriages |
| --- | --- |
| 9501 00 90 | Other

  This subheading includes wheeled toys powered by internal combustion piston engines designed to be ridden by children, so-called “Quad vehicles”, provided that the following limits are not exceeded:






  — | a speed not exceeding 20 km/h, |

‘9501 00

Wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars); dolls' carriages

9501 00 90

Other

This subheading includes wheeled toys powered by internal combustion piston engines designed to be ridden by children, so-called “Quad vehicles”, provided that the following limits are not exceeded:

—

a speed not exceeding 20 km/h,

| — | a net weight not exceeding 50 kg, |
| --- | --- |

—

a net weight not exceeding 50 kg,

| — | a cylinder capacity not exceeding 49 cm3, |
| --- | --- |

—

a cylinder capacity not exceeding 49 cm3,

| — | one-speed transmission, |
| --- | --- |

—

one-speed transmission,

| — | only one back-wheel brake system. |
| --- | --- |

—

only one back-wheel brake system.

Unlike most of the wheeled toys classified in this subheading a “Quad vehicle” is designed for being used in rough terrain.

Whenever one of the above criteria is not met, the “Quad vehicles” must be classified in heading 8703.’

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

1

(2)  OJ L 283, 2.9.2004, p. 7.

2

(3)  OJ C 256, 23.10.2002, p. 1.

3

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