# Official Journal C 10/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 10 |
| | |
| English edition | Information and Notices | Volume 5016 January 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 10

English edition

Information and Notices

Volume 5016 January 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 010/01 | Non-opposition to a notified concentration (Case COMP/M.4153 — Toshiba/Westinghouse) (
  1
  ) | 1 |
| 2007/C 010/02 | Non-opposition to a notified concentration (Case COMP/M.4464 — Goldman Sachs/Cerberus/Harpen) (
  1
  ) | 1 |
| 2007/C 010/03 | Non-opposition to a notified concentration (Case COMP/M.4427 — SHV/Mammoet) (
  1
  ) | 2 |
| 2007/C 010/04 | Non-opposition to a notified concentration (Case COMP/M.4492 — Candover/Ferretti) (
  1
  ) | 2 |
| 2007/C 010/05 | Non-opposition to a notified concentration (Case COMP/M.4413 — Apollo Group/GE Advanced Materials) (
  1
  ) | 3 |
| 2007/C 010/06 | Initiation of proceedings (Case COMP/M.4439 — Ryanair/AER Lingus) (
  1
  ) | 4 |
| 2007/C 010/07 | Communication of the Commission concerning the date of mandatory application of the updated inventory and common nomenclature of ingredients employed in cosmetic products (
  1
  ) | 5 |
| | European Central Bank |
| 2007/C 010/08 | Memorandum of Understanding amending the Memorandum of Understanding on a Code of Conduct for the members of the Governing Council | 6 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 010/01

Non-opposition to a notified concentration (Case COMP/M.4153 — Toshiba/Westinghouse) (
  1
  )

1

1

2007/C 010/02

Non-opposition to a notified concentration (Case COMP/M.4464 — Goldman Sachs/Cerberus/Harpen) (
  1
  )

1

1

2007/C 010/03

Non-opposition to a notified concentration (Case COMP/M.4427 — SHV/Mammoet) (
  1
  )

1

2

2007/C 010/04

Non-opposition to a notified concentration (Case COMP/M.4492 — Candover/Ferretti) (
  1
  )

1

2

2007/C 010/05

Non-opposition to a notified concentration (Case COMP/M.4413 — Apollo Group/GE Advanced Materials) (
  1
  )

1

3

2007/C 010/06

Initiation of proceedings (Case COMP/M.4439 — Ryanair/AER Lingus) (
  1
  )

1

4

2007/C 010/07

Communication of the Commission concerning the date of mandatory application of the updated inventory and common nomenclature of ingredients employed in cosmetic products (
  1
  )

1

5

European Central Bank

2007/C 010/08

Memorandum of Understanding amending the Memorandum of Understanding on a Code of Conduct for the members of the Governing Council

6

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 010/09 | Euro exchange rates | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 010/09

Euro exchange rates

8

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 16.1.2007 | EN | Official Journal of the European Union | C 10/1 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/1

---

Non-opposition to a notified concentration

(Case COMP/M.4153 — Toshiba/Westinghouse)

(Text with EEA relevance)

(2007/C 10/01)

On 19 September 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(2) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4153. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4153. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

| 16.1.2007 | EN | Official Journal of the European Union | C 10/1 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/1

---

Non-opposition to a notified concentration

(Case COMP/M.4464 — Goldman Sachs/Cerberus/Harpen)

(Text with EEA relevance)

(2007/C 10/02)

On 15 December 2006, 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4464. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4464. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

| 16.1.2007 | EN | Official Journal of the European Union | C 10/2 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/2

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Non-opposition to a notified concentration

(Case COMP/M.4427 — SHV/Mammoet)

(Text with EEA relevance)

(2007/C 10/03)

On 18 December 2006, 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4427. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4427. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

| 16.1.2007 | EN | Official Journal of the European Union | C 10/2 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/2

---

Non-opposition to a notified concentration

(Case COMP/M.4492 — Candover/Ferretti)

(Text with EEA relevance)

(2007/C 10/04)

On 20 December 2006, 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4492. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4492. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

| 16.1.2007 | EN | Official Journal of the European Union | C 10/3 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/3

---

Non-opposition to a notified concentration

(Case COMP/M.4413 — Apollo Group/GE Advanced Materials)

(Text with EEA relevance)

(2007/C 10/05)

On 30 November 2006, 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4413. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4413. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

| 16.1.2007 | EN | Official Journal of the European Union | C 10/4 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/4

---

Initiation of proceedings

(Case COMP/M.4439 — Ryanair/AER Lingus)

(Text with EEA relevance)

(2007/C 10/06)

On 20 December 2006, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 — 296 72 44) or by post, under reference number COMP/M.4439 — Ryanair/AER Lingus, to the following address:

| Commission of the European Communities |
| --- |
| Competition DG |
| Merger Registry |
| Rue Joseph II/Jozef II-straat 70 |
| B-1000 Brussels |

Commission of the European Communities

Competition DG

Merger Registry

Rue Joseph II/Jozef II-straat 70

B-1000 Brussels

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| 16.1.2007 | EN | Official Journal of the European Union | C 10/5 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/5

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Communication of the Commission concerning the date of mandatory application of the updated inventory and common nomenclature of ingredients employed in cosmetic products

(Text with EEA relevance)

(2007/C 10/07)

Under the terms of Article 6(1), introductory sentence, and 6(1)(g), sixth paragraph, of Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1) (Cosmetics Directive), the ingredients used in cosmetic products must be stated on the containers and packaging of cosmetic products, or on the packaging only, under their common nomenclature referred to in Article 7(2) or, failing this, under one of the nomenclatures set out in Article 5(a)(2), first indent.

To this end, under the terms of Article 5(a)(3) and Article 7(2), the Commission shall draw up a list and adopt a common nomenclature and keep these up to date.

On 8 May 1996 the Commission accordingly adopted Decision 96/335/EC establishing an inventory and a common nomenclature of ingredients employed in cosmetic products (2). The inventory and the nomenclature were to be in use from 1 January 1997.

On 9 February 2006 the Commission adopted Decision 2006/257/EC amending Decision 96/335/EC in order to update the inventory and common nomenclature of ingredients employed in the cosmetic products set out in the Annex to Decision 96/335/EC.

Decision 2006/257/EC was published in the Official Journal of the European Union on 5 April 2006 (3).

The discussions with the Member States and representatives of the cosmetics industry enabled 1 February 2007 to be set as the economically and technically feasible deadline for the use of the updated inventory and nomenclature. From this date, under the terms of Article 6(1)(g), sixth paragraph, of the Cosmetics Directive, the labelling of cosmetic products placed on the market must comply with the inventory and common nomenclature arising from the update laid down in Decision 2006/257/EC.

In view of the absence of risk to human health, the Commission does not consider it necessary to withdraw cosmetic products placed on the market before 1 February 2007.

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(1)  OJ L 262, 27.9.1976, p. 169.

(2)  OJ L 132, 1.6.1996, p. 1.

(3)  OJ L 97, 5.4.2006, p. 1.

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European Central Bank

| 16.1.2007 | EN | Official Journal of the European Union | C 10/6 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/6

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Memorandum of Understanding amending the Memorandum of Understanding on a Code of Conduct for the members of the Governing Council

(2007/C 10/08)

THE MEMBERS OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK

Having regard to the Memorandum of Understanding on a Code of Conduct for the members of the Governing Council of 16 May 2002 (1),

Whereas:

This amendment to the Code of Conduct for the members of the Governing Council further specifies the ethical regime applicable to the members of the Governing Council,

HAVE AGREED ON 21 DECEMBER 2006 TO AMEND THE MEMORANDUM OF UNDERSTANDING ON A CODE OF CONDUCT AS FOLLOWS:

Article 1

Article 3 of the Code of Conduct for the members of the Governing Council is amended as follows:

| | Article 3.3 is replaced by the following







  ‘3.3 | Respect of the principle of independence is incompatible with applying for, receiving or accepting from any source except from within the ESCB any benefits, rewards, remuneration or gifts in excess of EUR 200, whether financial or non-financial, which are connected in any way whatsoever with the function as a member of the Governing Council.’ |
| --- | --- | --- |

Article 3.3 is replaced by the following

‘3.3

Respect of the principle of independence is incompatible with applying for, receiving or accepting from any source except from within the ESCB any benefits, rewards, remuneration or gifts in excess of EUR 200, whether financial or non-financial, which are connected in any way whatsoever with the function as a member of the Governing Council.’

| | The following Article 3.4 and 3.5 is inserted:







  ‘3.4 | They may, however, accept invitations to conferences, receptions or cultural events and connected entertainment, including appropriate hospitality, if their participation in the event is compatible with the fulfilment of their duties as members of the Governing Council. In this respect, they may accept the refunding by the organisers of travel and accommodation expenses commensurate with the duration of their commitment except when the organisers are institutions under their supervision. In particular, members of the Governing Council should observe special prudence with regard to individual invitations. These rules should apply equally to their spouses or partners, if the invitations are also extended to them and if their participation is consistent with internationally accepted custom. |
| --- | --- | --- |

The following Article 3.4 and 3.5 is inserted:

‘3.4

They may, however, accept invitations to conferences, receptions or cultural events and connected entertainment, including appropriate hospitality, if their participation in the event is compatible with the fulfilment of their duties as members of the Governing Council. In this respect, they may accept the refunding by the organisers of travel and accommodation expenses commensurate with the duration of their commitment except when the organisers are institutions under their supervision. In particular, members of the Governing Council should observe special prudence with regard to individual invitations. These rules should apply equally to their spouses or partners, if the invitations are also extended to them and if their participation is consistent with internationally accepted custom.

| 3.5 | Members of the Governing Council shall not accept for themselves fees for lectures and speeches undertaken in their official capacity as members of the Governing Council.’ |
| --- | --- |

3.5

Members of the Governing Council shall not accept for themselves fees for lectures and speeches undertaken in their official capacity as members of the Governing Council.’

Article 2

Made in one original copy, deposited in the vaults of the ECB. Each party to this Memorandum of Understanding shall receive a certified copy thereof.

Jean-Claude TRICHET

Lucas D. PAPADEMOS

Lorenzo BINI SMAGHI

Vítor CONSTÂNCIO

Mario DRAGHI

Miguel Fernández ORDOÑEZ

Nicholas GARGANAS

José Manuel GONZÁLEZ-PÁRAMO

John HURLEY

Klaus LIEBSCHER

Erkki LIIKANEN

Yves MERSCH

Christian NOYER

Guy QUADEN

Jürgen STARK

Gertrude TUMPEL-GUGERELL

Axel A. WEBER

Arnout WELLINK

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(1)  OJ C 123, 24.5.2002, p. 9.

1

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 16.1.2007 | EN | Official Journal of the European Union | C 10/8 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/8

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Euro exchange rates (1)

15 January 2007

(2007/C 10/09)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2941 |
| JPY | Japanese yen | 156,00 |
| DKK | Danish krone | 7,4520 |
| GBP | Pound sterling | 0,65845 |
| SEK | Swedish krona | 9,0829 |
| CHF | Swiss franc | 1,6127 |
| ISK | Iceland króna | 90,99 |
| NOK | Norwegian krone | 8,3290 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5784 |
| CZK | Czech koruna | 27,765 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 252,10 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6976 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8693 |
| RON | Romanian leu | 3,3916 |
| SKK | Slovak koruna | 34,815 |
| TRY | Turkish lira | 1,8467 |
| AUD | Australian dollar | 1,6503 |
| CAD | Canadian dollar | 1,5108 |
| HKD | Hong Kong dollar | 10,0926 |
| NZD | New Zealand dollar | 1,8630 |
| SGD | Singapore dollar | 1,9952 |
| KRW | South Korean won | 1 214,51 |
| ZAR | South African rand | 9,3305 |
| CNY | Chinese yuan renminbi | 10,0834 |
| HRK | Croatian kuna | 7,3642 |
| IDR | Indonesian rupiah | 11 795,72 |
| MYR | Malaysian ringgit | 4,5378 |
| PHP | Philippine peso | 63,204 |
| RUB | Russian rouble | 34,3750 |
| THB | Thai baht | 46,503 |

Currency

Exchange rate

USD

US dollar

1,2941

JPY

Japanese yen

156,00

DKK

Danish krone

7,4520

GBP

Pound sterling

0,65845

SEK

Swedish krona

9,0829

CHF

Swiss franc

1,6127

ISK

Iceland króna

90,99

NOK

Norwegian krone

8,3290

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5784

CZK

Czech koruna

27,765

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

252,10

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6976

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8693

RON

Romanian leu

3,3916

SKK

Slovak koruna

34,815

TRY

Turkish lira

1,8467

AUD

Australian dollar

1,6503

CAD

Canadian dollar

1,5108

HKD

Hong Kong dollar

10,0926

NZD

New Zealand dollar

1,8630

SGD

Singapore dollar

1,9952

KRW

South Korean won

1 214,51

ZAR

South African rand

9,3305

CNY

Chinese yuan renminbi

10,0834

HRK

Croatian kuna

7,3642

IDR

Indonesian rupiah

11 795,72

MYR

Malaysian ringgit

4,5378

PHP

Philippine peso

63,204

RUB

Russian rouble

34,3750

THB

Thai baht

46,503

---

(1)

Source: reference exchange rate published by the ECB.

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