# Official Journal C 54/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 54 |
| | |
| English edition | Information and Notices | Volume 509 March 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 54

English edition

Information and Notices

Volume 509 March 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 054/01 | Non-opposition to a notified concentration (Case COMP/M.4539 — TPG/Silver Lake/Sabre) (
  1
  ) | 1 |
| 2007/C 054/02 | Non-opposition to a notified concentration (Case COMP/M.4515 — CSN/CORUS) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 054/01

Non-opposition to a notified concentration (Case COMP/M.4539 — TPG/Silver Lake/Sabre) (
  1
  )

1

1

2007/C 054/02

Non-opposition to a notified concentration (Case COMP/M.4515 — CSN/CORUS) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 054/03 | Euro exchange rates | 2 |
| 2007/C 054/04 | Opinion of the Advisory Committee on concentrations given at its 143rd meeting on 28 July 2006 concerning a draft decision relating to Case COMP/M.4094 — Ineos/BP Dormagen — Rapporteur: France | 3 |
| 2007/C 054/05 | Final report of the Hearing Officer in Case COMP/M.4094 — Ineos/BP Dormagen (pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21.) | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 054/03

Euro exchange rates

2

2007/C 054/04

Opinion of the Advisory Committee on concentrations given at its 143rd meeting on 28 July 2006 concerning a draft decision relating to Case COMP/M.4094 — Ineos/BP Dormagen — Rapporteur: France

3

2007/C 054/05

Final report of the Hearing Officer in Case COMP/M.4094 — Ineos/BP Dormagen (pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21.)

(pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21.)

4

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2007/C 054/06 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People's Republic of China | 5 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2007/C 054/07 | Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis de Nîmes)
   (
  1
  ) | 8 |
| 2007/C 054/08 | Prior notification of a concentration (Case COMP/M.4591 — Weather Investments/Hellas Telecommunications) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2007/C 054/09 | Prior notification of a concentration (Case COMP/M.4577 — Blackstone/Cardinal Health (PTS Division)) — Candidate case for simplified procedure (
  1
  ) | 11 |
| 2007/C 054/10 | Prior notification of a concentration (Case COMP/M.4576 — AVR/Van Gansewinkel) (
  1
  ) | 12 |
| 2007/C 054/11 | Prior notification of a concentration (Case COMP/M.4594 — OEP/ArvinMeritor (Emissions Technologies Business) — Candidate case for simplified procedure (
  1
  ) | 13 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2007/C 054/06

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People's Republic of China

5

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2007/C 054/07

Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis de Nîmes)
   (
  1
  )

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis de Nîmes)

1

8

2007/C 054/08

Prior notification of a concentration (Case COMP/M.4591 — Weather Investments/Hellas Telecommunications) — Candidate case for simplified procedure (
  1
  )

1

10

2007/C 054/09

Prior notification of a concentration (Case COMP/M.4577 — Blackstone/Cardinal Health (PTS Division)) — Candidate case for simplified procedure (
  1
  )

1

11

2007/C 054/10

Prior notification of a concentration (Case COMP/M.4576 — AVR/Van Gansewinkel) (
  1
  )

1

12

2007/C 054/11

Prior notification of a concentration (Case COMP/M.4594 — OEP/ArvinMeritor (Emissions Technologies Business) — Candidate case for simplified procedure (
  1
  )

1

13

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 9.3.2007 | EN | Official Journal of the European Union | C 54/1 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/1

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Non-opposition to a notified concentration

(Case COMP/M.4539 — TPG/Silver Lake/Sabre)

(Text with EEA relevance)

(2007/C 54/01)

On 2 March 2007, 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 32007M4539. 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 32007M4539. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

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| 9.3.2007 | EN | Official Journal of the European Union | C 54/1 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/1

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Non-opposition to a notified concentration

(Case COMP/M.4515 — CSN/CORUS)

(Text with EEA relevance)

(2007/C 54/02)

On 29 January 2007, 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 32007M4515. 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 32007M4515. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 9.3.2007 | EN | Official Journal of the European Union | C 54/2 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/2

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Euro exchange rates (1)

8 March 2007

(2007/C 54/03)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3152 |
| JPY | Japanese yen | 154,02 |
| DKK | Danish krone | 7,4482 |
| GBP | Pound sterling | 0,68140 |
| SEK | Swedish krona | 9,2850 |
| CHF | Swiss franc | 1,6066 |
| ISK | Iceland króna | 87,98 |
| NOK | Norwegian krone | 8,1530 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5794 |
| CZK | Czech koruna | 28,145 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 251,65 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8844 |
| RON | Romanian leu | 3,3770 |
| SKK | Slovak koruna | 33,925 |
| TRY | Turkish lira | 1,8700 |
| AUD | Australian dollar | 1,6890 |
| CAD | Canadian dollar | 1,5494 |
| HKD | Hong Kong dollar | 10,2793 |
| NZD | New Zealand dollar | 1,9149 |
| SGD | Singapore dollar | 2,0082 |
| KRW | South Korean won | 1 245,82 |
| ZAR | South African rand | 9,7130 |
| CNY | Chinese yuan renminbi | 10,1796 |
| HRK | Croatian kuna | 7,3530 |
| IDR | Indonesian rupiah | 12 063,67 |
| MYR | Malaysian ringgit | 4,6124 |
| PHP | Philippine peso | 63,689 |
| RUB | Russian rouble | 34,4590 |
| THB | Thai baht | 43,248 |

Currency

Exchange rate

USD

US dollar

1,3152

JPY

Japanese yen

154,02

DKK

Danish krone

7,4482

GBP

Pound sterling

0,68140

SEK

Swedish krona

9,2850

CHF

Swiss franc

1,6066

ISK

Iceland króna

87,98

NOK

Norwegian krone

8,1530

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5794

CZK

Czech koruna

28,145

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

251,65

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8844

RON

Romanian leu

3,3770

SKK

Slovak koruna

33,925

TRY

Turkish lira

1,8700

AUD

Australian dollar

1,6890

CAD

Canadian dollar

1,5494

HKD

Hong Kong dollar

10,2793

NZD

New Zealand dollar

1,9149

SGD

Singapore dollar

2,0082

KRW

South Korean won

1 245,82

ZAR

South African rand

9,7130

CNY

Chinese yuan renminbi

10,1796

HRK

Croatian kuna

7,3530

IDR

Indonesian rupiah

12 063,67

MYR

Malaysian ringgit

4,6124

PHP

Philippine peso

63,689

RUB

Russian rouble

34,4590

THB

Thai baht

43,248

---

(1)

Source: reference exchange rate published by the ECB.

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| 9.3.2007 | EN | Official Journal of the European Union | C 54/3 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/3

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Opinion of the Advisory Committee on concentrations given at its 143rd meeting on 28 July 2006 concerning a draft decision relating to Case COMP/M.4094 — Ineos/BP Dormagen

Rapporteur: France

(2007/C 54/04)

| 1. | The Advisory Committee agrees with the European Commission that the notified operation is a concentration in the sense of article 3(1)(b) of Council Regulation 139/2004. |
| --- | --- |

1.

The Advisory Committee agrees with the European Commission that the notified operation is a concentration in the sense of article 3(1)(b) of Council Regulation 139/2004.

| 2. | The Advisory Committee agrees that this operation has a Community dimension. |
| --- | --- |

2.

The Advisory Committee agrees that this operation has a Community dimension.

| 3. | The Advisory Committee agrees with the Commission on the definition of the following relevant markets:






  a. | For the purposes of this case, ethylene oxide constitutes a relevant product market only as to its distinction of purified EO. |
| --- | --- | --- |

3.

The Advisory Committee agrees with the Commission on the definition of the following relevant markets:

a.

For the purposes of this case, ethylene oxide constitutes a relevant product market only as to its distinction of purified EO.

| b. | It is not necessary to distinguish between the on-site (by pipeline) and the off-site (by rail or truck) supply of ethylene oxide as the results of the competitive analysis would not be modified. (One Member State abstains). |
| --- | --- |

b.

It is not necessary to distinguish between the on-site (by pipeline) and the off-site (by rail or truck) supply of ethylene oxide as the results of the competitive analysis would not be modified. (One Member State abstains).

| c. | It is not necessary to further subdivide ethylene glycols according to the different types. |
| --- | --- |

c.

It is not necessary to further subdivide ethylene glycols according to the different types.

| d. | It is not necessary for the assessment of the merger to reach a conclusion on the exact geographic market for ethylene and ethylene oxide and that the geographic market for EGs is at least EEA-wide. |
| --- | --- |

d.

It is not necessary for the assessment of the merger to reach a conclusion on the exact geographic market for ethylene and ethylene oxide and that the geographic market for EGs is at least EEA-wide.

| 4. | The Advisory Committee shares the Commission's analysis that the operation should be authorised:






  a. | In relation to ethylene oxide:






  a.1. | Purified ethylene oxide merchant market is an affected market. |
| --- | --- | --- | --- |

4.

The Advisory Committee shares the Commission's analysis that the operation should be authorised:

a.

In relation to ethylene oxide:

a.1.

Purified ethylene oxide merchant market is an affected market.

| a.2. | Competing undertakings are capable of increasing their production should the combined entity raise prices unilaterally. (One Member State abstains). |
| --- | --- |

a.2.

Competing undertakings are capable of increasing their production should the combined entity raise prices unilaterally. (One Member State abstains).

| a.3. | The forecast development of capacities will be such as to reinforce the current excess capacity and will enable competitors to respond to any risk of price increases on the part of the combined entity. |
| --- | --- |

a.3.

The forecast development of capacities will be such as to reinforce the current excess capacity and will enable competitors to respond to any risk of price increases on the part of the combined entity.

| a.4. | As a result the operation will not affect competition on the market for ethylene oxide. |
| --- | --- |

a.4.

As a result the operation will not affect competition on the market for ethylene oxide.

| b. | In relation to ethylene glycol:






  b.1. | The combined entity will not have a dominant position on this market. |
| --- | --- | --- |

b.

In relation to ethylene glycol:

b.1.

The combined entity will not have a dominant position on this market.

| b.2. | As a result the operation will not affect competition on the market for ethylene glycol. |
| --- | --- |

b.2.

As a result the operation will not affect competition on the market for ethylene glycol.

| c. | In relation to vertical integration:






  c.1. | The upstream market for ethylene used for the production of ethylene oxide is not affected by the operation. |
| --- | --- | --- |

c.

In relation to vertical integration:

c.1.

The upstream market for ethylene used for the production of ethylene oxide is not affected by the operation.

| c.2. | The other downstream markets for ethylene oxide derivatives (excluding ethylene glycols) are not affected by the operation. |
| --- | --- |

c.2.

The other downstream markets for ethylene oxide derivatives (excluding ethylene glycols) are not affected by the operation.

| 5. | The Advisory Committee agrees with the Commission that as a result the proposed operation would not significantly impede effective competition in the common market or in a substantial part of it and can therefore be declared compatible in the sense of articles 2(2) et 8(1) of Council Regulation 139/2004 on the control of concentrations between undertakings and the EEA agreement. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that as a result the proposed operation would not significantly impede effective competition in the common market or in a substantial part of it and can therefore be declared compatible in the sense of articles 2(2) et 8(1) of Council Regulation 139/2004 on the control of concentrations between undertakings and the EEA agreement.

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| 9.3.2007 | EN | Official Journal of the European Union | C 54/4 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/4

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Final report of the Hearing Officer in Case COMP/M.4094 — Ineos/BP Dormagen

(pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21.)

(2007/C 54/05)

On 24 January 2006, Ineos notified the transaction to Commission pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the ‘Merger Regulation’), by which the undertaking INEOS Group Limited (‘Ineos’) would acquire control of the BP Ethylene Oxide/Ethylene Glycol Business (‘BP Dormagen Business’) controlled by British Petroleum Group (‘BP’).

Upon examination of the notification, the Commission concluded that the notified operation raised serious concerns as to its compatibility with the common market, and decided to initiate proceedings pursuant to Article 6(1)(c) of Council Regulation No 139/2004 on 28 February 2006. For the purpose of obtaining further information from the notifying party, the Commission adopted an Article 11(3) decision addressed to the notifying party dated 21 March 2006. On 4 April 2006, upon request, the notifying party was given access to key documents in accordance with DG Competition's Best Practices on the conduct of EC merger control proceedings. On 19 May 2006 the Commission adopted, with the agreement of Ineos, an Article 10(3) decision extending the duration of the procedure by 10 working days.

The Commission sent a Statement of Objections to Ineos on 30 May 2006, to which Ineos replied on 14 June 2006. Ineos did not request a formal oral hearing.

Access to file

Ineos was granted access to file upon issuance of the Statement of Objections. In a letter to the Hearing Officer of 5 June 2006, Ineos complained that the Commission's Statement of Objections relied heavily upon information from third parties which Ineos had not had the opportunity to review or upon which they had not had the opportunity to submit their observations. I requested that the Commission services respond to Ineos' concerns in the first place. Ineos was provided with anonymised summaries of third party information on 9 June 2006. Some information was deemed to be sensitive business information, which was not disclosed to Ineos. Ineos has not pursued this issue further with the Hearing Officer.

Letter of facts

On 29 June 2006, the Commission sent a letter of facts setting out additional data relating to the objections. Ineos was requested to submit its comments, which it did on 4 July 2006.

After examination of the parties' reply to the Statement of Objections and in the light of new evidence obtained from market participants after issuing the Statement of Objections, the Commission has concluded that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position.

The case does not call for any particular comments as regards the right to be heard.

Brussels, 26 July 2006

Karen WILLIAMS

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 9.3.2007 | EN | Official Journal of the European Union | C 54/5 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/5

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People's Republic of China

(2007/C 54/06)

The Commission has decided on its own initiative to initiate a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1). The review is limited in scope to dumping aspects as far as one exporting producer, Xinhui Alida Polythene Limited, (‘the company’) is concerned.

1.   Product

The products under review are plastic sacks and bags, containing at least 20 % by weight of polyethylene and of a thickness not exceeding 100 micrometers; originating in the People's Republic of China (‘the product concerned’); and currently classifiable within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923210020, 3923291020 and 3923299020). These CN codes are given only for information.

2.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1425/2006 (2).

3.   Grounds for the review

There is sufficient prima facie evidence available to the Commission that the circumstances on the basis of which the existing measures were established have changed and that these changes are of a lasting nature. Information at the Commission's disposal indicates that market economy conditions prevail for the company as demonstrated by the fact that it now fulfils the criteria of Article 2(7)(c) of the basic Regulation. Also, the evidence available shows that the company's sales pattern, both in terms of quantity and destination, has changed in a lasting way since the period on the basis of which the existing measures were established, as did the installed capacity.

Furthermore, a comparison of normal value based on the company's own costs/domestic prices and its export prices would lead to a reduction of dumping significantly below the level of the current measure. Therefore, the continued imposition of measures at the existing levels, which were based on the level of dumping previously established, would no longer be necessary to offset dumping.

4.   Procedure for the determination of dumping

The Commission has determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review. The Commission therefore hereby initiates a review in accordance with Article 11(3) of the basic Regulation to determine whether the company operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation. If so, the Commission will determine the company's individual margin of dumping based on their own costs/domestic prices, or alternatively, will determine the company's individual margin of dumping in accordance with Article 9(5) of the basic Regulation. Should dumping be found, the Commission will determine the level of the duty to which its imports of the product concerned into the Community should be subject.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the company mentioned above.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the company and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 5(a)(i) of this notice.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a)(i) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 5(a)(ii) of this notice.

(c)   Market economy status

In the event that the company provides sufficient evidence showing that it operates under market economy conditions, i.e. that it meets the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. For this purpose, a duly substantiated claim must be submitted within the specific time limit set in point 5(b) of this notice. The Commission will send a claim form to the company as well as to the authorities of the People's Republic of China.

(d)   Selection of the market economy country

In the event that the company is not granted market economy treatment, and in accordance with Article 9(5) of the basic Regulation, an appropriate market economy country will be used for the purpose of establishing normal value in respect of the People's Republic of China in accordance with Article 2(7)(a) of the basic Regulation. The Commission considers using Malaysia again for this purpose as was done in the investigation which led to the imposition of the current measures on imports of the product concerned from the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 5(c) of this notice.

Furthermore, in the event that the company is granted market economy treatment, the Commission may, if necessary, also use findings concerning the normal value established in an appropriate market economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People's Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People's Republic of China. The Commission considers using Malaysia also for this purpose.

5   Time limits

(a)   General time limits

(i)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(ii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b)   Specific time limit for submission of claims for market economy status

The company's duly substantiated claim for market economy treatment, as mentioned in point 4(c) of this notice, must reach the Commission within 21 days of the date of publication of this notice in the Official Journal of the European Union.

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Malaysia which, as mentioned in point 4(d) of this notice, is considered as a market economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

6.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘for inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate H |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate H

Office: J-79 5/16

B-1049 Brussels

Fax (32-2) 295 65 05

7.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

8.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

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(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  OJ L 270, 29.9.2006, p. 4.

(3)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 9.3.2007 | EN | Official Journal of the European Union | C 54/8 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/8

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Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1)

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the ‘Permis de Nîmes’)

(Text with EEA relevance)

(2007/C 54/07)

On 19 June 2006, EnCore (E&P) Limited, with registered offices at 62-64 Baker Street, London W1U 7DF, applied for an exclusive five-year licence, designated the ‘Permis de Nîmes’, to prospect for oil and gas in an area of approximately 507 km2 covering part of the department of Gard.

The perimeter of the area covered by this licence consists of the meridian and parallel arcs connecting in turn the points defined below by their geographical coordinates, the original meridian being that of Paris.

| POINTS | LONGITUDE | LATITUDE |
| --- | --- | --- |
| A | 48,80° | 2,30° |
| B | 48,80° | 2,50° |
| C | 48,60° | 2,50° |
| D | 48,60° | 2,30° |
| E | 48,50° | 2,30° |
| F | 48,50° | 2,10° |
| G | 48,60° | 2,10° |
| H | 48,60° | 2,20° |
| I | 48,70° | 2,20° |
| L | 48,70° | 2,30° |

POINTS

LONGITUDE

LATITUDE

A

48,80°

2,30°

B

48,80°

2,50°

C

48,60°

2,50°

D

48,60°

2,30°

E

48,50°

2,30°

F

48,50°

2,10°

G

48,60°

2,10°

H

48,60°

2,20°

I

48,70°

2,20°

L

48,70°

2,30°

Submission of applications

The initial applicant and competing applicants must prove that they comply with the requirements for obtaining the licence, as specified in Articles 4, 5 and 6 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage.

Interested companies may, within 90 days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’ published in
  Official Journal of the European Communities C 374 of 30 December 1994, p. 11, and established by Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (Journal officiel de la République française, 3 June 2006).

Competing applications must be sent to the Minister responsible for mines at the address below. Decisions on the initial application and competing applications will be taken within two years of the date on which the French authorities received the initial application, i.e. by 19 June 2008 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Applicants are referred to Articles 79 and 79(1) of the Mining Code and to Decree No 2006-649 of 2 June 2006 on mining operations, underground storage and the regulations governing them (Journal officiel de la République française, 3 June 2006).

Further information can be obtained from the Ministry of Economic Affairs, Finance and Industry (Directorate-General for Energy and Raw Materials, Directorate for Energy and Mineral Resources, Bureau of Mining Legislation), 61, boulevard Vincent Auriol, Télédoc 133, F-75703 Paris Cedex 13 (telephone: (33) 144 97 23 02, fax: (33) 144 97 05 70).

The abovementioned laws and regulations can be consulted at http://www.legifrance.gouv.fr

---

(1)  OJ L 164, 30.6.1994.

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| 9.3.2007 | EN | Official Journal of the European Union | C 54/10 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/10

---

Prior notification of a concentration

(Case COMP/M.4591 — Weather Investments/Hellas Telecommunications)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 54/08)

| 1. | On 28 February 2007, 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 Weather Investments S.p.A. (‘Weather’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Hellas Telecommunications (‘Hellas’, Greece) by way of purchase of shares. |
| --- | --- |

1.

On 28 February 2007, 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 Weather Investments S.p.A. (‘Weather’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Hellas Telecommunications (‘Hellas’, Greece) by way of purchase of shares.

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






  — | for undertaking Weather: Supply of mobile and fixed telecommunications products and services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Weather: Supply of mobile and fixed telecommunications products and services;

| — | for undertaking Hellas: Supply of mobile and fixed telecommunications products and services. |
| --- | --- |

—

for undertaking Hellas: Supply of mobile and fixed telecommunications products and 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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4591 — Weather Investments/Hellas Telecommunications 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4591 — Weather Investments/Hellas Telecommunications to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

---

| 9.3.2007 | EN | Official Journal of the European Union | C 54/11 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/11

---

Prior notification of a concentration

(Case COMP/M.4577 — Blackstone/Cardinal Health (PTS Division))

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 54/09)

| 1. | On 28 February 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Blackstone Group (‘Blackstone’, USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation sole control of Pharmaceutical Technologies and Services Division of Cardinal Health Inc. (‘PTS’, USA) by way of transfer of shares. |
| --- | --- |

1.

On 28 February 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Blackstone Group (‘Blackstone’, USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation sole control of Pharmaceutical Technologies and Services Division of Cardinal Health Inc. (‘PTS’, USA) by way of transfer of shares.

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






  — | for Blackstone: private merchant banking; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Blackstone: private merchant banking;

| — | for PTS: development, manufacture and packaging of medication for pharmaceutical and biotech companies. |
| --- | --- |

—

for PTS: development, manufacture and packaging of medication for pharmaceutical and biotech companies.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No139/2004. 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 concentration could fall within the scope of Regulation (EEC) No139/2004. 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4577 — Blackstone/Cardinal Health (PTS Division) 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4577 — Blackstone/Cardinal Health (PTS Division) to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

---

| 9.3.2007 | EN | Official Journal of the European Union | C 54/12 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/12

---

Prior notification of a concentration

(Case COMP/M.4576 — AVR/Van Gansewinkel)

(Text with EEA relevance)

(2007/C 54/10)

| 1. | On 27 February 2007, 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 AVR Acquitions B.V. (‘AVR’, the Netherlands), controlled by CVC Capital Partners Group Sarl (‘CVC Group’) and Kohlberg Kravis Roberts & Co. L.P. (‘KKR Group’) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Van Gansewinkel Holding B.V. (‘Van Gansewinkel’, the Netherlands) by way of purchase of shares. |
| --- | --- |

1.

On 27 February 2007, 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 AVR Acquitions B.V. (‘AVR’, the Netherlands), controlled by CVC Capital Partners Group Sarl (‘CVC Group’) and Kohlberg Kravis Roberts & Co. L.P. (‘KKR Group’) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Van Gansewinkel Holding B.V. (‘Van Gansewinkel’, the Netherlands) by way of purchase of shares.

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






  — | for CVC Group and KKR Group: private equity investment; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for CVC Group and KKR Group: private equity investment;

| — | for AVR: waste management services; |
| --- | --- |

—

for AVR: waste management services;

| — | for Van Gansewinkel: waste management services. |
| --- | --- |

—

for Van Gansewinkel: waste 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4576 — AVR/Van Gansewinkel, 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4576 — AVR/Van Gansewinkel, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---

| 9.3.2007 | EN | Official Journal of the European Union | C 54/13 |
| --- | --- | --- | --- |

9.3.2007

EN

Official Journal of the European Union

C 54/13

---

Prior notification of a concentration

(Case COMP/M.4594 — OEP/ArvinMeritor (Emissions Technologies Business)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 54/11)

| 1. | On 2 March 2007, 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 One Equity Partners II, L.P., (‘OEP’, USA), ultimately controlled by JP Morgan Chase & Co (‘JPMC’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Emissions Technologies Business of ArvinMeritor, Inc. (‘ArvinMeritor ETB’, USA) by way of purchase of shares and assets. |
| --- | --- |

1.

On 2 March 2007, 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 One Equity Partners II, L.P., (‘OEP’, USA), ultimately controlled by JP Morgan Chase & Co (‘JPMC’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Emissions Technologies Business of ArvinMeritor, Inc. (‘ArvinMeritor ETB’, USA) by way of purchase of shares and assets.

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






  — | for OEP: private equity company; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for OEP: private equity company;

| — | for ArvinMeritor ETB: supplier of exhaust systems and components for light and commercial vehicles. |
| --- | --- |

—

for ArvinMeritor ETB: supplier of exhaust systems and components for light and commercial vehicles.

| 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4594 — OEP/ArvinMeritor (Emissions Technologies Business), 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4594 — OEP/ArvinMeritor (Emissions Technologies Business), to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

---