# Official Journal C 275/10 N

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 275 |
| | |
| English edition | Information and Notices | Volume 4710 November 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 275

English edition

Information and Notices

Volume 4710 November 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 275/1 | Euro exchange rates | 1 |
| 2004/C 275/2 | Prior notification of a concentration (Case COMP/M.3597 — Europcar/TUI/JV) — Candidate case for simplified procedure (
  1
  ) | 2 |
| 2004/C 275/3 | Commission Opinion of 27 October 2004 within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits — Safety of tanning devices for cosmetic purposes (
  1
  ) | 3 |
| 2004/C 275/4 | Prior notification of a concentration (Case COMP/M.3613 — TECHINT/STELLA/JAMES JONES/INVESTINDUSTRIAL/CLESSIDRA/SIRTI) — Candidate case for simplified procedure (
  1
  ) | 6 |

Notice No

Contents

page

I   Information

Commission

2004/C 275/1

Euro exchange rates

1

2004/C 275/2

Prior notification of a concentration (Case COMP/M.3597 — Europcar/TUI/JV) — Candidate case for simplified procedure (
  1
  )

1

2

2004/C 275/3

Commission Opinion of 27 October 2004 within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits — Safety of tanning devices for cosmetic purposes (
  1
  )

1

3

2004/C 275/4

Prior notification of a concentration (Case COMP/M.3613 — TECHINT/STELLA/JAMES JONES/INVESTINDUSTRIAL/CLESSIDRA/SIRTI) — Candidate case for simplified procedure (
  1
  )

1

6

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| 2004/C 275/5 | 1 November 2004 — New version of EUR-Lex! | s3 |

2004/C 275/5

1 November 2004 — New version of EUR-Lex!

s3

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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I Information

Commission

| 10.11.2004 | EN | Official Journal of the European Union | C 275/1 |
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10.11.2004

EN

Official Journal of the European Union

C 275/1

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Euro exchange rates (1)

9 November 2004

(2004/C 275/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2911 |
| JPY | Japanese yen | 136,57 |
| DKK | Danish krone | 7,4316 |
| GBP | Pound sterling | 0,69625 |
| SEK | Swedish krona | 9,116 |
| CHF | Swiss franc | 1,5273 |
| ISK | Iceland króna | 87,25 |
| NOK | Norwegian krone | 8,23 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5774 |
| CZK | Czech koruna | 31,42 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,41 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6788 |
| MTL | Maltese lira | 0,4314 |
| PLN | Polish zloty | 4,2636 |
| ROL | Romanian leu | 40 684 |
| SIT | Slovenian tolar | 239,77 |
| SKK | Slovak koruna | 39,708 |
| TRL | Turkish lira | 1 884 400 |
| AUD | Australian dollar | 1,7049 |
| CAD | Canadian dollar | 1,5397 |
| HKD | Hong Kong dollar | 10,0394 |
| NZD | New Zealand dollar | 1,8646 |
| SGD | Singapore dollar | 2,1326 |
| KRW | South Korean won | 1 424,86 |
| ZAR | South African rand | 8,0239 |

Currency

Exchange rate

USD

US dollar

1,2911

JPY

Japanese yen

136,57

DKK

Danish krone

7,4316

GBP

Pound sterling

0,69625

SEK

Swedish krona

9,116

CHF

Swiss franc

1,5273

ISK

Iceland króna

87,25

NOK

Norwegian krone

8,23

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5774

CZK

Czech koruna

31,42

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,41

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6788

MTL

Maltese lira

0,4314

PLN

Polish zloty

4,2636

ROL

Romanian leu

40 684

SIT

Slovenian tolar

239,77

SKK

Slovak koruna

39,708

TRL

Turkish lira

1 884 400

AUD

Australian dollar

1,7049

CAD

Canadian dollar

1,5397

HKD

Hong Kong dollar

10,0394

NZD

New Zealand dollar

1,8646

SGD

Singapore dollar

2,1326

KRW

South Korean won

1 424,86

ZAR

South African rand

8,0239

---

(1)

Source: reference exchange rate published by the ECB.

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| 10.11.2004 | EN | Official Journal of the European Union | C 275/2 |
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10.11.2004

EN

Official Journal of the European Union

C 275/2

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Prior notification of a concentration

(Case COMP/M.3597 — Europcar/TUI/JV)

Candidate case for simplified procedure

(2004/C 275/02)

(Text with EEA relevance)

| 1. | On 29 October 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 Volkswagen AG (Germany), through its subsidiary Europcar International S.A.S.U. (France), and TUI AG (Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ‘Newco’, by way of purchase of shares in a newly created company constituting a joint venture (‘JV’). |
| --- | --- |

1.

On 29 October 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 Volkswagen AG (Germany), through its subsidiary Europcar International S.A.S.U. (France), and TUI AG (Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ‘Newco’, by way of purchase of shares in a newly created company constituting a joint venture (‘JV’).

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






  — | for Volkswagen AG: development, manufacture and supply of cars and commercial vehicles, under the brands of Volkswagen, Audi, Seat, Skoda, Bentley, Lamborghini and Bugatti, financial and data processing services, car rental, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Volkswagen AG: development, manufacture and supply of cars and commercial vehicles, under the brands of Volkswagen, Audi, Seat, Skoda, Bentley, Lamborghini and Bugatti, financial and data processing services, car rental,

| — | Europcar: franchisor of car rental services, |
| --- | --- |

—

Europcar: franchisor of car rental services,

| — | for TUI AG: tour operator, travel agency, air transport, passenger shipping, logistic services, container shipping, and car rentals, |
| --- | --- |

—

for TUI AG: tour operator, travel agency, air transport, passenger shipping, logistic services, container shipping, and car rentals,

| — | JV: short term car rental business on the Baleares and Canary Islands (including that previously operated by TUI AG under the name ‘Ultramar’). |
| --- | --- |

—

JV: short term car rental business on the Baleares and Canary Islands (including that previously operated by TUI AG under the name ‘Ultramar’).

| 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 (fax No +32 2 2964301 or 2967244) or by post, under reference number COMP/M.3597 — Europcar/TUI/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 (fax No +32 2 2964301 or 2967244) or by post, under reference number COMP/M.3597 — Europcar/TUI/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(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.

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| 10.11.2004 | EN | Official Journal of the European Union | C 275/3 |
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10.11.2004

EN

Official Journal of the European Union

C 275/3

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COMMISSION OPINION

of 27 October 2004

within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits

Safety of tanning devices for cosmetic purposes

(2004/C 275/03)

(Text with EEA relevance)

Article 9 of Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (1) stipulates the procedures where a Member State, for safety reasons, prohibits the placing on the market of electrical equipment or impedes its free movement. In such a case, the Member State informs the other Member States concerned and the Commission, indicating the grounds for its decision and stating in particular whether the non-conformity is attributable to a shortcoming in a harmonised standard referred to in Article 5 of the Directive, incorrect application of a harmonised standard, or failure to comply with good engineering practice referred to in Article 2 of the Directive.

Article 5 of the Directive confers a presumption of conformity to harmonised standards adopted by the European standards body Cenelec to the requirements of Directive 73/23/EEC. The references of these standards are published for information purposes by the European Commission in the Official Journal of the European Union.

In the context of a safeguard clause notification from the Spanish and Finnish authorities under Article 9 of the Low Voltage Directive, a shortcoming in the harmonised standard EN 60335-2-27:1997 has been brought to the attention of the European Commission.

The shortcoming relates to the risks associated with the exposure to ultraviolet radiation (2) (UVR). Excessive exposure to UVR can cause sunburn and damage to the cornea and conjunctiva of the eye. It may also lead to accelerated ageing of the skin and might increase the risk of both non-melanoma and melanoma skin cancers.

In accordance with Article 5 of Directive 73/23/EEC, a reference to the harmonised standard EN 60335-2-27:1997 was published in the Official Journal of the European Union
   (3).

This standard, as adopted by the European standards body Cenelec, is entitled:

| — | EN 60335-2-27:1997 ‘Safety of household and similar electrical appliances — Part 2-27: Particular requirements for appliances for skin exposure to ultraviolet and infrared radiation’. |
| --- | --- |

—

EN 60335-2-27:1997 ‘Safety of household and similar electrical appliances — Part 2-27: Particular requirements for appliances for skin exposure to ultraviolet and infrared radiation’.

The standard defines four different types of tanning appliances emitting UVR, as follows:

| — | UV type 1 appliances are those that emit UV radiation such that the biological effect is caused by radiation having wavelengths longer than 320 nm and characterised by a relatively high irradiance (≥ 0,15 W m-2) in the range 320 to 400 nm. The emission at wavelengths less than 320 nm is limited to 0,5 mW m-2, |
| --- | --- |

—

UV type 1 appliances are those that emit UV radiation such that the biological effect is caused by radiation having wavelengths longer than 320 nm and characterised by a relatively high irradiance (≥ 0,15 W m-2) in the range 320 to 400 nm. The emission at wavelengths less than 320 nm is limited to 0,5 mW m-2,

| — | UV type 2 appliances are those that emit UV radiation such that the biological effect is caused by radiation having wavelengths in the UV-A and UV-B range and are characterised by a relatively high irradiance (≥ 0,15 W m-2) in the range 320 to 400 nm. The irradiance at wavelengths less than 320 nm is in the range 0,5 to 150 mW m-2, |
| --- | --- |

—

UV type 2 appliances are those that emit UV radiation such that the biological effect is caused by radiation having wavelengths in the UV-A and UV-B range and are characterised by a relatively high irradiance (≥ 0,15 W m-2) in the range 320 to 400 nm. The irradiance at wavelengths less than 320 nm is in the range 0,5 to 150 mW m-2,

| — | UV type 3 appliances are those that emit UV radiation such that the biological effect is caused by radiation having wavelengths in the UV-A and UV-B range and are characterised by a limited irradiance (≤ 0,15 W m-2) in each UV radiation band, |
| --- | --- |

—

UV type 3 appliances are those that emit UV radiation such that the biological effect is caused by radiation having wavelengths in the UV-A and UV-B range and are characterised by a limited irradiance (≤ 0,15 W m-2) in each UV radiation band,

| — | UV type 4 appliances are those that emit UV radiation such that the biological effect is mainly caused by radiation having wavelengths shorter than 320 nm (at an irradiance greater than 0,15 W m-2, and in the wavelength range 320 to 400 nm, the irradiance is limited to 0,15 W m-2). |
| --- | --- |

—

UV type 4 appliances are those that emit UV radiation such that the biological effect is mainly caused by radiation having wavelengths shorter than 320 nm (at an irradiance greater than 0,15 W m-2, and in the wavelength range 320 to 400 nm, the irradiance is limited to 0,15 W m-2).

The following shortcomings have been identified in EN 60335-2-27:1997:

| — | for UV type 1 and 2 appliances no limit for the maximum effective irradiance for UV-A radiation is provided, |
| --- | --- |

—

for UV type 1 and 2 appliances no limit for the maximum effective irradiance for UV-A radiation is provided,

| — | for UV type 4 appliances no limit for the maximum effective irradiance for UV-B radiation is provided, |
| --- | --- |

—

for UV type 4 appliances no limit for the maximum effective irradiance for UV-B radiation is provided,

| — | for UV types 1, 2, 3 and 4 no limit for the maximum effective irradiance for UV-C radiation is provided. |
| --- | --- |

—

for UV types 1, 2, 3 and 4 no limit for the maximum effective irradiance for UV-C radiation is provided.

The safety objectives, as laid down in Annex I, Sections 2(b) and (c) of Directive 73/23/EEC, require that electrical equipment should be designed and manufactured so as to ensure:

| — | protection against hazards which may be caused by radiation, |
| --- | --- |

—

protection against hazards which may be caused by radiation,

| — | protection against hazards which may be caused by non-electrical dangers from the electrical equipment. |
| --- | --- |

—

protection against hazards which may be caused by non-electrical dangers from the electrical equipment.

The current version of this standard does not adequately address the risks related to exposure to UV radiation because it does not provide all necessary limit values for the effective irradiance on UVR for the different tanning devices.

As a consequence, EN 60335-2-27:1997 as listed in the abovementioned publication in the Official Journal of the European Union is not regarded as giving a presumption of conformity with regard to the risks related to the exposure to UV radiation due to the non-existence of values for the maximum effective irradiance for UV-A and/or UV-B and UV-C radiation.

These conclusions have been supported by experts from national administrations at the meeting of the Administrative Cooperation Working Group of 1 October 2003 and the experts from national administrations at the meeting of the LVD Working Party of 24 and 25 February 2004.

The European standards body Cenelec has been requested by the European Commission to revise this standard to ensure that the abovementioned risks are adequately addressed.

In the absence of a revised harmonised standard, the manufacturer will need to make a risk assessment regarding tanning devices for cosmetic purposes in order to ensure that the risks related to exposure to UV radiation are adequately addressed, when establishing compliance of these devices with the requirements of the Low Voltage Directive.

As a result of the above, the Commission is of the opinion that:

| — | EN 60335-2-27:1997 as listed in the abovementioned publication in the Official Journal of the European Union is not regarded as giving a presumption of conformity to the Low Voltage Directive 73/23/EEC due to the non-existence of values for the maximum effective irradiance for the following appliances and types of UV radiation:






  — | UV type 1 and 2 appliances with regard to the risks related to exposure to UV-A radiation, |
| --- | --- | --- |

—

EN 60335-2-27:1997 as listed in the abovementioned publication in the Official Journal of the European Union is not regarded as giving a presumption of conformity to the Low Voltage Directive 73/23/EEC due to the non-existence of values for the maximum effective irradiance for the following appliances and types of UV radiation:

—

UV type 1 and 2 appliances with regard to the risks related to exposure to UV-A radiation,

| — | UV type 4 appliances with regard to the risks related to exposure to UV-B radiation, |
| --- | --- |

—

UV type 4 appliances with regard to the risks related to exposure to UV-B radiation,

| — | UV type 1, 2, 3 and 4 appliances with regard to the risks related to exposure to UV-C radiation. |
| --- | --- |

—

UV type 1, 2, 3 and 4 appliances with regard to the risks related to exposure to UV-C radiation.

| — | Member States' Authorities shall take account of this opinion in the context of market surveillance. Member States should base their market surveillance measures on a case-by-case evaluation and respect the principle of proportionality. |
| --- | --- |

—

Member States' Authorities shall take account of this opinion in the context of market surveillance. Member States should base their market surveillance measures on a case-by-case evaluation and respect the principle of proportionality.

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(1)  Council Directive 73/23/EEC (OJ L 77, 26.3.1973). Directive amended by Directive 93/68/EEC (OJ L 220, 30.8.1993).

(2)  The International Commission on Illumination (CIE) defines ultraviolet radiation (UVR) as optical radiation between 100 and 400 nm. The spectral region is divided into three photobiological spectral regions: UVC (l00- 280 nm), UVB (280-315 nm) and UVA (315-400 nm).

(3)  OJ C 103, 29.4.2004, p. 2.

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| 10.11.2004 | EN | Official Journal of the European Union | C 275/6 |
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10.11.2004

EN

Official Journal of the European Union

C 275/6

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Prior notification of a concentration

(Case COMP/M.3613 — TECHINT/STELLA/JAMES JONES/INVESTINDUSTRIAL/CLESSIDRA/SIRTI)

Candidate case for simplified procedure

(2004/C 275/04)

(Text with EEA relevance)

| 1. | On 3 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 Techint European Holding B.V. belonging to the Techint Group (‘Techint’, Netherlands), Stella International S.A., belonging to the Stella Group (‘Stella’, Luxembourg), James Jones & Sons (‘James Jones’, UK), Investindustrial General Partner Limited (‘Investindustrial’, UK) and Clessidra SGR S.p.A. (‘Clessidra’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sirti S.p.A. (‘Sirti’, Italy), by way of purchase of shares. |
| --- | --- |

1.

On 3 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 Techint European Holding B.V. belonging to the Techint Group (‘Techint’, Netherlands), Stella International S.A., belonging to the Stella Group (‘Stella’, Luxembourg), James Jones & Sons (‘James Jones’, UK), Investindustrial General Partner Limited (‘Investindustrial’, UK) and Clessidra SGR S.p.A. (‘Clessidra’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sirti S.p.A. (‘Sirti’, Italy), by way of purchase of shares.

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






  — | for Techint: manufacturing of seamless steel pipes and flat steel products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Techint: manufacturing of seamless steel pipes and flat steel products,

| — | for Stella: production of treated wood poles for electrical and telecommunication networks, |
| --- | --- |

—

for Stella: production of treated wood poles for electrical and telecommunication networks,

| — | for James Jones: sawmilling, pallet manufacturing, timber engineering and timber preservation, |
| --- | --- |

—

for James Jones: sawmilling, pallet manufacturing, timber engineering and timber preservation,

| — | for Investindustrial: private equity firm, |
| --- | --- |

—

for Investindustrial: private equity firm,

| — | for Clessidra: closed end fund, |
| --- | --- |

—

for Clessidra: closed end fund,

| — | for Sirti: engineering and construction of telecommunication network. |
| --- | --- |

—

for Sirti: engineering and construction of telecommunication network.

| 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 +32/2/2964301 or 2967244) or by post, under reference number COMP/M. 3613 — Techint/Stella/James Jones/Investindustrial/Clessidra/Sirti 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 +32/2/2964301 or 2967244) or by post, under reference number COMP/M. 3613 — Techint/Stella/James Jones/Investindustrial/Clessidra/Sirti to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(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.

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10.11.2004

| 10.11.2004 | EN | Official Journal of the European Union | C 275/s3 |
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EN

Official Journal of the European Union

C 275/s3

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1 November 2004 — New version of EUR-Lex!

europa.eu.int/eur-lex/lex/

The new site incorporates the Celex service and provides free and easy access in 20 languages to the largest documentary database on EU law.

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