# Official Journal C 163/5 Ju

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 163 |
| | |
| English edition | Information and Notices | Volume 485 July 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 163

English edition

Information and Notices

Volume 485 July 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Council |
| 2005/C 163/1 | Notifications by the Czech Republic concerning visa reciprocity | 1 |
| | Commission |
| 2005/C 163/2 | Euro exchange rates | 4 |
| 2005/C 163/3 | Prior notification of a concentration (Case COMP/M.3854 — IPIC/OMV/JV) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2005/C 163/4 | Prior notification of a concentration (Case COMP/M.3862 — Bilfinger Berger/WIB/JVC) — Candidate case for simplified procedure (
  1
  ) | 6 |
| 2005/C 163/5 | State aid (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty to other Member States and interested parties — State aid C4/2004 (ex N55/2003) — Environmental protection aid for Wagner GmbH, Saarland (Germany) (
  1
  ) | 7 |
| 2005/C 163/6 | Information regarding the date from which points 11 to 14, 21, 23 to 26, 33 and 36 of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply (
  1
  ) | 8 |

Notice No

Contents

page

I   Information

Council

2005/C 163/1

Notifications by the Czech Republic concerning visa reciprocity

1

Commission

2005/C 163/2

Euro exchange rates

4

2005/C 163/3

Prior notification of a concentration (Case COMP/M.3854 — IPIC/OMV/JV) — Candidate case for simplified procedure (
  1
  )

1

5

2005/C 163/4

Prior notification of a concentration (Case COMP/M.3862 — Bilfinger Berger/WIB/JVC) — Candidate case for simplified procedure (
  1
  )

1

6

2005/C 163/5

State aid (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty to other Member States and interested parties — State aid C4/2004 (ex N55/2003) — Environmental protection aid for Wagner GmbH, Saarland (Germany) (
  1
  )

1

7

2005/C 163/6

Information regarding the date from which points 11 to 14, 21, 23 to 26, 33 and 36 of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply (
  1
  )

1

8

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Council

| 5.7.2005 | EN | Official Journal of the European Union | C 163/1 |
| --- | --- | --- | --- |

5.7.2005

EN

Official Journal of the European Union

C 163/1

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Notifications by the Czech Republic concerning visa reciprocity (1)

(2005/C 163/01)

24 May 2005

Ref. no.: 3647/2005

The Permanent Representation of the Czech Republic to the EU presents its compliments to the Council of the EU and has the honour to express its appreciation for the Council of the EU once again for its continued cooperation and support on various matters related to the everyday conduct of duties of the Permanent Representation. In view of the amicable and working atmosphere existing between the Council of the EU and the Permanent Representation, the latter wishes to use this opportunity to bring to the attention of the European Commission the following issue.

The Czech Republic has decided to officially notify the countries which despite of the fact the Czech Republic being the Member State of the EU since 1 May 2004 still apply the unilateral visa regime to the Czech citizens and where the intensive bilateral negotiations as well as the meetings held on the EU level did not bring any effective results.

By this note on the basis of the Article 1, par. 4, letter a) of the Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visa when crossing the external borders and those nationals are exempt from that requirement the Czech Republic notifies Brazil as the country which unilaterally applies the visa regime to the nationals of the Czech Republic.

As the visa reciprocity issue is considered to be a very sensitive problem on political level the Czech Republic believes that on the basis of solidarity clause provided for by the above mentioned Regulation the appropriate measures will be taken immediately to assure that all EU citizens on one side and the citizens of Brazil on the other side will enjoy the same equal and reciprocal regime when crossing the respective borders.

The Permanent Representation of the Czech Republic to the European Union avails itself of this opportunity to renew to the Council of the EU the assurances of its highest consideration and friendship.

Mr. Javier SOLANA

Secretary-General/High Representative

General Secretariat of the Council of the European Union

Council of the European Union

Mr. Luc FRIEDEN

Minister for Justice, Minister for the Treasury and the Budget, Minister for Defence

Luxemburg

Franco FRATTINI

Vice President

Commissioner for Justice, Liberty and Security

24 May 2005

Ref. no.: 3647/2005

The Permanent Representation of the Czech Republic to the EU presents its compliments to the Council of the EU and has the honour to express its appreciation for the Council of the EU once again for its continued cooperation and support on various matters related to the everyday conduct of duties of the Permanent Representation. In view of the amicable and working atmosphere existing between the Council of the EU and the Permanent Representation, the latter wishes to use this opportunity to bring to the attention of the European Commission the following issue.

The Czech Republic has decided to officially notify the countries which despite of the fact the Czech Republic being the Member State of the EU since 1st May 2004 still apply the unilateral visa regime to the Czech citizens and where the intensive bilateral negotiations as well as the meetings held on the EU level did not bring any effective results.

By this note on the basis of the Article 1, par. 4, letter a) of the Council Regulation (EC) no. 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visa when crossing the external borders and those nationals are exempt from that requirement, the Czech Republic notifies Brunei as the country which unilaterally applies the visa regime to the nationals of the Czech Republic.

As the visa reciprocity issue is considered to be a very sensitive problem on political level the Czech Repuolic believes that on the basis of solidarity clause provided for fay the above mentioned Regulation the appropriate measures will be taken immediately to assure that all EU citizens on one side and the citizens of Brunei on the other side will enjoy the same equal and reciprocal regime when crossing the respective borders.

The Permanent Representation of the Czech Republic to the European Union avails itself of this opportunity to renew to the Council of the EU the assurances of its highest consideration and friendship.

Mr. Javier SOLANA

Secretary-General/High Representative

General Secretariat of the Council of the European Union

Council of the European Union

Mr. Luc FRIEDEN

Minister for Justice, Minister for the Treasury and the Budget, Minister for Defence

Luxemburg

Franco FRATTINI

Vice President

Commissioner for Justice, Liberty and Security

24 May 2005

Ref. no.: 3647/2005

The Permanent Representation of the Czech Republic to the EU presents its compliments to the Council of the EU and has the honour to express its appreciation for the Council of the EU once again for its continued cooperation and support on various matters related to the everyday conduct of duties of the Permanent Representation. In view of the amicable and working atmosphere existing between the Council of the EU and the Permanent Representation, the latter wishes to use this opportunity to bring to the attention of the European Commission the following issue.

The Czech Republic has decided to officially notify the countries which despite of the fact the Czech Republic being the Member State of the EU since 1 May 2004 still apply the unilateral visa regime to the Czech citizens and where the intensive bilateral negotiations as well as the meetings held on the EU level did not bring any effective results.

By this note on the basis of the Article 1, par. 4, letter a) of the Council Regulation (EC) no. 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visa when crossing the external borders and those nationals are exempt from that requirement, the Czech Republic notifies Canada as the country which unifaterally applies the visa regime to the nationals of the Czech Republic.

As the visa reciprocity issue is considered to be a very sensitive problem on political level the Czech Republic believes that on the basis of solidarity clause provided for by the above mentioned Regulation the appropriate measures will be taken immediately to assure that all EU citizens on one side and the citizens of Canada on the other side will enjoy the same equal and reciprocal regime when crossing the respective borders.

The Permanent Representation of the Czech Republic to the European Union avails itself of this opportunity to renew to the Council of the EU the assurances of its highest consideration and friendship.

Mr. Javier SOLANA

Secretary-General/High Representative

General Secretariat of the Council of the European Union

Council of the European Union

Mr. Luc FRIEDEN

Minister for Justice, Minister for the Treasury and the Budget, Minister for Defence

Luxemburg

Franco FRATTINI

Vice President

Commissioner for Justice, Liberty and Security

---

(1)  The Permanent Representatives Committee agreed, at its meeting of 21 June 2005, to publish these notifications, in conformity with Article 1, paragraph 4, point (a) of Regulation (EC) No. 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p.1), as modified by Regulation (EC) No. 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3).

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Commission

| 5.7.2005 | EN | Official Journal of the European Union | C 163/4 |
| --- | --- | --- | --- |

5.7.2005

EN

Official Journal of the European Union

C 163/4

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Euro exchange rates (1)

4 July 2005

(2005/C 163/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1894 |
| JPY | Japanese yen | 132,67 |
| DKK | Danish krone | 7,4524 |
| GBP | Pound sterling | 0,67645 |
| SEK | Swedish krona | 9,4740 |
| CHF | Swiss franc | 1,5484 |
| ISK | Iceland króna | 78,18 |
| NOK | Norwegian krone | 7,8815 |
| BGN | Bulgarian lev | 1,9560 |
| CYP | Cyprus pound | 0,5735 |
| CZK | Czech koruna | 30,013 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 247,15 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0168 |
| RON | Romanian leu | 3,6009 |
| SIT | Slovenian tolar | 239,45 |
| SKK | Slovak koruna | 38,310 |
| TRY | Turkish lira | 1,6008 |
| AUD | Australian dollar | 1,5876 |
| CAD | Canadian dollar | 1,4784 |
| HKD | Hong Kong dollar | 9,2462 |
| NZD | New Zealand dollar | 1,7536 |
| SGD | Singapore dollar | 2,0149 |
| KRW | South Korean won | 1 235,97 |
| ZAR | South African rand | 8,1584 |
| CNY | Chinese yuan renminbi | 9,8441 |
| HRK | Croatian kuna | 7,3250 |
| IDR | Indonesian rupiah | 11 733,43 |
| MYR | Malaysian ringgit | 4,521 |
| PHP | Philippine peso | 66,815 |
| RUB | Russian rouble | 34,2790 |
| THB | Thai baht | 49,296 |

Currency

Exchange rate

USD

US dollar

1,1894

JPY

Japanese yen

132,67

DKK

Danish krone

7,4524

GBP

Pound sterling

0,67645

SEK

Swedish krona

9,4740

CHF

Swiss franc

1,5484

ISK

Iceland króna

78,18

NOK

Norwegian krone

7,8815

BGN

Bulgarian lev

1,9560

CYP

Cyprus pound

0,5735

CZK

Czech koruna

30,013

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

247,15

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0168

RON

Romanian leu

3,6009

SIT

Slovenian tolar

239,45

SKK

Slovak koruna

38,310

TRY

Turkish lira

1,6008

AUD

Australian dollar

1,5876

CAD

Canadian dollar

1,4784

HKD

Hong Kong dollar

9,2462

NZD

New Zealand dollar

1,7536

SGD

Singapore dollar

2,0149

KRW

South Korean won

1 235,97

ZAR

South African rand

8,1584

CNY

Chinese yuan renminbi

9,8441

HRK

Croatian kuna

7,3250

IDR

Indonesian rupiah

11 733,43

MYR

Malaysian ringgit

4,521

PHP

Philippine peso

66,815

RUB

Russian rouble

34,2790

THB

Thai baht

49,296

---

(1)

Source: reference exchange rate published by the ECB.

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| 5.7.2005 | EN | Official Journal of the European Union | C 163/5 |
| --- | --- | --- | --- |

5.7.2005

EN

Official Journal of the European Union

C 163/5

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Prior notification of a concentration

(Case COMP/M.3854 — IPIC/OMV/JV)

Candidate case for simplified procedure

(2005/C 163/03)

(Text with EEA relevance)

| 1. | On 24 june 2005 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 undertakings International Petroleum Investment Company (‘IPIC’, Abu Dhabi, United Arab Emirates) and OMV Aktiengesellschaft (‘OMV’, Austria) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking AMI Agrolinz Melamine International GmbH (‘AMI’, Austria), currently solely controlled by OMV, by way of purchase of shares. |
| --- | --- |

1.

On 24 june 2005 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 undertakings International Petroleum Investment Company (‘IPIC’, Abu Dhabi, United Arab Emirates) and OMV Aktiengesellschaft (‘OMV’, Austria) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking AMI Agrolinz Melamine International GmbH (‘AMI’, Austria), currently solely controlled by OMV, by way of purchase of shares.

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






  — | for undertaking IPIC: investments in energy-related companies outside the United Arab Emirates; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking IPIC: investments in energy-related companies outside the United Arab Emirates;

| — | for undertaking OMV: exploration, production, refining and distribution of mineral oil products; |
| --- | --- |

—

for undertaking OMV: exploration, production, refining and distribution of mineral oil products;

| — | for undertaking AMI: production of chemicals, in particular melamine, fertilizers and wood additives. |
| --- | --- |

—

for undertaking AMI: production of chemicals, in particular melamine, fertilizers and wood additives.

| 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. 3854 — IPIC/OMV/JV, 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 3854 — IPIC/OMV/JV, 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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| 5.7.2005 | EN | Official Journal of the European Union | C 163/6 |
| --- | --- | --- | --- |

5.7.2005

EN

Official Journal of the European Union

C 163/6

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Prior notification of a concentration

(Case COMP/M.3862 — Bilfinger Berger/WIB/JVC)

Candidate case for simplified procedure

(2005/C 163/04)

(Text with EEA relevance)

| 1. | On 22 June 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bilfinger Berger AG (‘Bilfinger Berger’, Germany) and Westdeutsche Immobilienbank (‘WIB’, Germany), belonging to the group WestLB AG (‘WestLB’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of JVC (‘JVC’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 22 June 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bilfinger Berger AG (‘Bilfinger Berger’, Germany) and Westdeutsche Immobilienbank (‘WIB’, Germany), belonging to the group WestLB AG (‘WestLB’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of JVC (‘JVC’, Germany) 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 Bilfinger Berger: planning, building and operation of construction projects; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bilfinger Berger: planning, building and operation of construction projects;

| — | for WIB: real estate financing and portfolio management; |
| --- | --- |

—

for WIB: real estate financing and portfolio management;

| — | for JVC: combines Bilfinger Berger and WIB's activities in real estate management services |
| --- | --- |

—

for JVC: combines Bilfinger Berger and WIB's activities in real estate management services

| 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.3862 — Bilfinger Berger/WIB/JVC, 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3862 — Bilfinger Berger/WIB/JVC, 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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| 5.7.2005 | EN | Official Journal of the European Union | C 163/7 |
| --- | --- | --- | --- |

5.7.2005

EN

Official Journal of the European Union

C 163/7

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STATE AID

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty to other Member States and interested parties

State aid C4/2004 (ex N55/2003) — Environmental protection aid for Wagner GmbH, Saarland (Germany)

(2005/C 163/05)

(Text with EEA relevance)

By means of the following letter dated 2 February 2005, the Commission notified Germany of its decision to close the procedure initiated under Article 88(2) of the EC Treaty:

‘By letter dated 15 January 2003, Germany notified the Commission of its intention to grant aid to Wagner. It provided additional information by letters dated 7 February and 14 February 2003. The Commission asked for additional information by letters dated 27 February, 6 June, 9 September and 10 December 2003, to which Germany replied by letters dated 26 March, 2 April, 28 July, 30 October and 22 December 2003 respectively. A meeting between representatives of the Commission and representatives of Germany took place on 20 October 2003.

By decision of 18 February 2004, the Commission initiated the procedure under Article 88(2) of the EC Treaty in respect of the notified measure. The decision was communicated to Germany by letter dated 19 February. Germany took note of the decision by letter dated 24 March and added that the planned aid would be significantly higher than the notified amount. On the basis of this information, the Commission decided on 7 May to extend the Article 88(2) procedure. This decision was communicated to Germany by letter dated 11 May. Germany took note of the decision by letter dated 8 June. The Commission asked for additional information by letter dated 15 October.

The Commission's decisions were published in the Official Journal of the European Union
   (1) on 7 April and 21 August 2004. The Commission did not receive any comments from interested parties.

By letter dated 6 December 2004, Germany notified the Commission that the firm had decided not to press ahead with the investment project for which aid had been notified. By letter dated 6 January 2005, Germany confirmed that it was withdrawing its notification.

The Commission notes that, under Article 8 of Council Regulation (EC) No 659/1999, (2) the Member State concerned may withdraw a notification in due time before the Commission has taken a decision on the aid. In cases where the Commission has initiated the formal investigation procedure, it closes that procedure.

Consequently, the Commission has decided to close the formal investigation procedure initiated under Article 88(2) of the EC Treaty in respect of the abovementioned aid, since Germany has withdrawn its notification.’

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(1)  OJ C 87, 7.4.2004, p. 5, and C 211, 21.8.2004, p. 8.

1

(2)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (OJ L 83, 27.3.1999, p. 1).

2

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| 5.7.2005 | EN | Official Journal of the European Union | C 163/8 |
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5.7.2005

EN

Official Journal of the European Union

C 163/8

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Information regarding the date from which points 11 to 14, 21, 23 to 26, 33 and 36 of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply

(2005/C 163/06)

(Text with EEA relevance)

Points 11 to 14, 21, 23 to 26, 32, 33 and 36 of Article 1 of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply from the same day as the entry into force of Commission Regulation (EC) No 1042/2005 (1) amending Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark as well as Commission Regulation (EC) No 1041/2005 (2) amending Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs).

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(1)  OJ L 172, 5.7.2005, p. 22.

(2)  OJ L 172, 5.7.2005, p. 4.

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