# Official Journal C 43/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 43 |
| | |
| English edition | Information and Notices | Volume 5221 February 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 43

English edition

Information and Notices

Volume 5221 February 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RECOMMENDATIONS |
| | European Central Bank |
| 2009/C 043/01 | Recommendation of the European Central Bank of 16 February 2009 to the Council of the European Union on the external auditors of the Deutsche Bundesbank (ECB/2009/3) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RECOMMENDATIONS

European Central Bank

2009/C 043/01

Recommendation of the European Central Bank of 16 February 2009 to the Council of the European Union on the external auditors of the Deutsche Bundesbank (ECB/2009/3)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 043/02 | Communication from the Commission establishing formal recognition that a certain number of Acts of Community law in the field of the Common Fisheries Policy have become obsolete | 2 |
| 2009/C 043/03 | Non-opposition to a notified concentration (Case COMP/M.5313 — Serendipity Investment/Eurosport/JV) (
  1
  ) | 4 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 043/02

Communication from the Commission establishing formal recognition that a certain number of Acts of Community law in the field of the Common Fisheries Policy have become obsolete

2

2009/C 043/03

Non-opposition to a notified concentration (Case COMP/M.5313 — Serendipity Investment/Eurosport/JV) (
  1
  )

1

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2009/C 043/04 | Council Decision of 19 February 2009 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training | 5 |
| | Commission |
| 2009/C 043/05 | Euro exchange rates | 6 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 043/06 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid (
  1
  ) | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2009/C 043/04

Council Decision of 19 February 2009 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

5

Commission

2009/C 043/05

Euro exchange rates

6

NOTICES FROM MEMBER STATES

2009/C 043/06

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid (
  1
  )

1

7

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 043/07 | Prior notification of a concentration (Case COMP/M.4993 — EDF/EnBW/Kogeneracja) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2009/C 043/08 | Prior notification of a concentration (Case COMP/M.4998 — EDF/EnBW/ERSA) — Candidate case for simplified procedure (
  1
  ) | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 043/07

Prior notification of a concentration (Case COMP/M.4993 — EDF/EnBW/Kogeneracja) — Candidate case for simplified procedure (
  1
  )

1

8

2009/C 043/08

Prior notification of a concentration (Case COMP/M.4998 — EDF/EnBW/ERSA) — Candidate case for simplified procedure (
  1
  )

1

9

| | |
| --- | --- |
| 2009/C 043/09 | Notice | s3 |

2009/C 043/09

Notice

Notice

s3

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

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(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

RECOMMENDATIONS

European Central Bank

| 21.2.2009 | EN | Official Journal of the European Union | C 43/1 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/1

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RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 16 February 2009

to the Council of the European Union on the external auditors of the Deutsche Bundesbank

(ECB/2009/3)

(2009/C 43/01)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

| (1) | The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union.

| (2) | The mandate of the Deutsche Bundesbank's current external auditors will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009. |
| --- | --- |

(2)

The mandate of the Deutsche Bundesbank's current external auditors will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009.

| (3) | The Deutsche Bundesbank has selected Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft as its external auditors for the financial years 2009 to 2014, |
| --- | --- |

(3)

The Deutsche Bundesbank has selected Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft as its external auditors for the financial years 2009 to 2014,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft should be appointed as the external auditor of the Deutsche Bundesbank for the financial years 2009 to 2014.

Done at Frankfurt am Main, 16 February 2009.

The President of the ECB

Jean-Claude TRICHET

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 21.2.2009 | EN | Official Journal of the European Union | C 43/2 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/2

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Communication from the Commission establishing formal recognition that a certain number of Acts of Community law in the field of the Common Fisheries Policy have become obsolete

(2009/C 43/02)

Commission Decisions

| | Commission Decision 92/448/EEC of 30 July 1992 on the granting of Community aid for certain specific measures implementing the programme of options specific to the remote and insular nature of Madeira and the Azores (Poseima)
  (OJ L 248, 28.8.1992, p. 73) |
| --- | --- |

Commission Decision 92/448/EEC of 30 July 1992 on the granting of Community aid for certain specific measures implementing the programme of options specific to the remote and insular nature of Madeira and the Azores (Poseima)

(OJ L 248, 28.8.1992, p. 73)

| | Commission Decision 92/449/EEC of 30 July 1992 on the granting of Community aid for certain specific measures implementing the programme of options specific to the remote and insular nature of the Canary Islands (Poseican)
  (OJ L 248, 28.8.1992, p. 75) |
| --- | --- |

Commission Decision 92/449/EEC of 30 July 1992 on the granting of Community aid for certain specific measures implementing the programme of options specific to the remote and insular nature of the Canary Islands (Poseican)

(OJ L 248, 28.8.1992, p. 75)

| | Commission Decision 94/929/EC of 22 December 1994 on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in Germany (Objective 5a outside Objective 1 regions — the period 1994 to 1999)
  (OJ L 364, 31.12.1994, p. 51) |
| --- | --- |

Commission Decision 94/929/EC of 22 December 1994 on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in Germany (Objective 5a outside Objective 1 regions — the period 1994 to 1999)

(OJ L 364, 31.12.1994, p. 51)

| | Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 meters in overall length
  (OJ L 90, 8.4.2003, p. 48) |
| --- | --- |

Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 meters in overall length

(OJ L 90, 8.4.2003, p. 48)

Commission Regulations

| | Commission Regulation (EEC) No 3713/90 of 19 December 1990 on rules for the implementation of decisions granting aid from the EAGGF Guidance Section for projects to improve the conditions under which agricultural and fishery products covered by Council Regulation (EEC) No 355/77 are processed and marketed
  (OJ L 358, 21.12.1990, p. 29) |
| --- | --- |

Commission Regulation (EEC) No 3713/90 of 19 December 1990 on rules for the implementation of decisions granting aid from the EAGGF Guidance Section for projects to improve the conditions under which agricultural and fishery products covered by Council Regulation (EEC) No 355/77 are processed and marketed

(OJ L 358, 21.12.1990, p. 29)

| | Commission Regulation (EEC) No 650/91 of 18 March 1991 on applications for assistance in the form of operational programs from the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in respect of investments for improving the processing and marketing conditions for fishery and aquaculture products
  (OJ L 72, 19.3.1991, p. 20) |
| --- | --- |

Commission Regulation (EEC) No 650/91 of 18 March 1991 on applications for assistance in the form of operational programs from the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in respect of investments for improving the processing and marketing conditions for fishery and aquaculture products

(OJ L 72, 19.3.1991, p. 20)

| | Commission Regulation (EEC) No 2038/93 of 27 July 1993 laying down rules for implementing Council Regulation (EEC) No 1658/93 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands
  (OJ L 185, 28.7.1993, p. 7) |
| --- | --- |

Commission Regulation (EEC) No 2038/93 of 27 July 1993 laying down rules for implementing Council Regulation (EEC) No 1658/93 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands

(OJ L 185, 28.7.1993, p. 7)

| | Commission Regulation (EC) No 887/97 of 16 May 1997 setting detailed rules to apply Council Regulation (EC) No 712/97 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands
  (OJ L 126, 17.5.1997, p. 9) |
| --- | --- |

Commission Regulation (EC) No 887/97 of 16 May 1997 setting detailed rules to apply Council Regulation (EC) No 712/97 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands

(OJ L 126, 17.5.1997, p. 9)

| | (Commission Regulation (EC) No 2091/98 of 30 September 1998 concerning the segmentation of the Community fishing fleet and fishing effort in relation to the multiannual guidance programs
  (OJ L 226, 1.10.1998, p. 36)) |
| --- | --- |

(Commission Regulation (EC) No 2091/98 of 30 September 1998 concerning the segmentation of the Community fishing fleet and fishing effort in relation to the multiannual guidance programs

(OJ L 226, 1.10.1998, p. 36))

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| 21.2.2009 | EN | Official Journal of the European Union | C 43/4 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/4

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Non-opposition to a notified concentration

(Case COMP/M.5313 — Serendipity Investment/Eurosport/JV)

(Text with EEA relevance)

(2009/C 43/03)

On 16 February 2009, 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 French 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 32009M5313. 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 32009M5313. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 21.2.2009 | EN | Official Journal of the European Union | C 43/5 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/5

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COUNCIL DECISION

of 19 February 2009

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

(2009/C 43/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nominations submitted by the Spanish Government,

Whereas:

| (1) | By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009. |
| --- | --- |

(1)

By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

| (2) | A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms María José GARIJO EQUIZA, |
| --- | --- |

(2)

A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms María José GARIJO EQUIZA,

| (3) | The Spanish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009, |
| --- | --- |

(3)

The Spanish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

GOVERNMENT REPRESENTATIVES

SPAIN: Mr Francisco Javier ALFAYA HURTADO

Done at Brussels, 19 February 2009.

For the Council

The President

Martin ŘÍMAN

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 240, 5.10.2006, p. 1.

2

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Commission

| 21.2.2009 | EN | Official Journal of the European Union | C 43/6 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/6

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Euro exchange rates (1)

20 February 2009

(2009/C 43/05)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2591 |
| JPY | Japanese yen | 118,62 |
| DKK | Danish krone | 7,4501 |
| GBP | Pound sterling | 0,88100 |
| SEK | Swedish krona | 11,0728 |
| CHF | Swiss franc | 1,4921 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7495 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 28,810 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 304,45 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7063 |
| PLN | Polish zloty | 4,7495 |
| RON | Romanian leu | 4,2850 |
| TRY | Turkish lira | 2,1585 |
| AUD | Australian dollar | 1,9746 |
| CAD | Canadian dollar | 1,5911 |
| HKD | Hong Kong dollar | 9,7631 |
| NZD | New Zealand dollar | 2,4957 |
| SGD | Singapore dollar | 1,9359 |
| KRW | South Korean won | 1 903,67 |
| ZAR | South African rand | 12,8400 |
| CNY | Chinese yuan renminbi | 8,6087 |
| HRK | Croatian kuna | 7,4726 |
| IDR | Indonesian rupiah | 15 235,11 |
| MYR | Malaysian ringgit | 4,6291 |
| PHP | Philippine peso | 60,760 |
| RUB | Russian rouble | 45,5664 |
| THB | Thai baht | 44,994 |
| BRL | Brazilian real | 2,9970 |
| MXN | Mexican peso | 18,5969 |
| INR | Indian rupee | 62,4830 |

Currency

Exchange rate

USD

US dollar

1,2591

JPY

Japanese yen

118,62

DKK

Danish krone

7,4501

GBP

Pound sterling

0,88100

SEK

Swedish krona

11,0728

CHF

Swiss franc

1,4921

ISK

Iceland króna

NOK

Norwegian krone

8,7495

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

28,810

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

304,45

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7063

PLN

Polish zloty

4,7495

RON

Romanian leu

4,2850

TRY

Turkish lira

2,1585

AUD

Australian dollar

1,9746

CAD

Canadian dollar

1,5911

HKD

Hong Kong dollar

9,7631

NZD

New Zealand dollar

2,4957

SGD

Singapore dollar

1,9359

KRW

South Korean won

1 903,67

ZAR

South African rand

12,8400

CNY

Chinese yuan renminbi

8,6087

HRK

Croatian kuna

7,4726

IDR

Indonesian rupiah

15 235,11

MYR

Malaysian ringgit

4,6291

PHP

Philippine peso

60,760

RUB

Russian rouble

45,5664

THB

Thai baht

44,994

BRL

Brazilian real

2,9970

MXN

Mexican peso

18,5969

INR

Indian rupee

62,4830

---

(1)

Source: reference exchange rate published by the ECB.

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NOTICES FROM MEMBER STATES

| 21.2.2009 | EN | Official Journal of the European Union | C 43/7 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/7

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid

(Text with EEA relevance)

(2009/C 43/06)

| Aid No | XR 40/07 |
| --- | --- |
| Member State | United Kingdom |
| Region | Merseyside Sub Region |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Merseyside Special Area and Key Site Investment Grant Scheme |
| Legal basis | Local Government Act 2000 Section 2 |
| Type of measure | Aid scheme |
| Annual budget | GBP 2 million |
| Maximum aid intensity | 15 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 19.2.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Lead Authority: Metropolitan Borough of Wirral
  Other partner Authorities: Sefton, Liverpool City, Knowlsey and St Helens |
| Internet address of the publication of the aid scheme | http://www.investmerseyside.com/displaypage.asp?page_key=76 |
| Other information | — |

Aid No

XR 40/07

Member State

United Kingdom

Region

Merseyside Sub Region

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

Merseyside Special Area and Key Site Investment Grant Scheme

Legal basis

Local Government Act 2000 Section 2

Type of measure

Aid scheme

Annual budget

GBP 2 million

Maximum aid intensity

15 %

In conformity with Article 4 of the Regulation

Date of implementation

19.2.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Lead Authority: Metropolitan Borough of Wirral

Other partner Authorities: Sefton, Liverpool City, Knowlsey and St Helens

Internet address of the publication of the aid scheme

http://www.investmerseyside.com/displaypage.asp?page_key=76

Other information

—

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 21.2.2009 | EN | Official Journal of the European Union | C 43/8 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/8

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Prior notification of a concentration

(Case COMP/M.4993 — EDF/EnBW/Kogeneracja)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 43/07)

| 1. | On 11 February 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking E.D.F. International (France), controlled by Électricité de France SA (‘EDF’, France), and Energie Baden-Württemberg AG (‘EnBW’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Zespół Elektrociepłowni Wrocławskich Kogeneracja S.A (‘Kogeneracja’, Poland) by way of purchase of shares. |
| --- | --- |

1.

On 11 February 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking E.D.F. International (France), controlled by Électricité de France SA (‘EDF’, France), and Energie Baden-Württemberg AG (‘EnBW’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Zespół Elektrociepłowni Wrocławskich Kogeneracja S.A (‘Kogeneracja’, Poland) by way of purchase of shares.

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






  — | for EDF: generation, transmission, distribution and supply of electricity, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EDF: generation, transmission, distribution and supply of electricity,

| — | for EnBW: generation, transmission, distribution and supply of electricity, |
| --- | --- |

—

for EnBW: generation, transmission, distribution and supply of electricity,

| — | for Kogeneracja: generation of electricity and heat in Poland. |
| --- | --- |

—

for Kogeneracja: generation of electricity and heat in Poland.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4993 — EDF/EnBW/Kogeneracja, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4993 — EDF/EnBW/Kogeneracja, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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| 21.2.2009 | EN | Official Journal of the European Union | C 43/9 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/9

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Prior notification of a concentration

(Case COMP/M.4998 — EDF/EnBW/ERSA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 43/08)

| 1. | On 11 February 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking E.D.F. International (France), controlled by Électricité de France SA (‘EDF’, France), and Energie Baden-Württemberg AG (‘EnBW’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Elektrownia ‘Rybnik’ S.A. (‘ERSA’, Poland) by way of purchase of shares. |
| --- | --- |

1.

On 11 February 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking E.D.F. International (France), controlled by Électricité de France SA (‘EDF’, France), and Energie Baden-Württemberg AG (‘EnBW’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Elektrownia ‘Rybnik’ S.A. (‘ERSA’, Poland) by way of purchase of shares.

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






  — | for EDF: generation, transmission, distribution and supply of electricity, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EDF: generation, transmission, distribution and supply of electricity,

| — | for EnBW: generation, transmission, distribution and supply of electricity, |
| --- | --- |

—

for EnBW: generation, transmission, distribution and supply of electricity,

| — | for ERSA: generation, processing and distribution of electricity in Poland. |
| --- | --- |

—

for ERSA: generation, processing and distribution of electricity in Poland.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4998 — EDF/EnBW/ERSA, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4998 — EDF/EnBW/ERSA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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21.2.2009

| 21.2.2009 | EN | Official Journal of the European Union | C 43/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 43/s3

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NOTICE

On 21 February 2009, in Official Journal of the European Union C 43 A, the ‘Common catalogue of varieties of agricultural plant species — First supplement to the 27th complete edition’ will be published.

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This Official Journal — like all Official Journals (L, C, CA, CE) — can be consulted free of charge online at: http://eur-lex.europa.eu.

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