# Official Journal C 182/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 182 |
| | |
| English edition | Information and Notices | Volume 494 August 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 182

English edition

Information and Notices

Volume 494 August 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Council |
| 2006/C 182/1 | Information concerning the entry into force of the International Agreement on Olive Oil and Table Olives, 2005 | 1 |
| 2006/C 182/2 | Revised rules of procedure of the governing board of the European Centre for the Development of Vocational Training (Approved by the Council on 24 July 2006) | 2 |
| | Commission |
| 2006/C 182/3 | Euro exchange rates | 5 |
| 2006/C 182/4 | Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Regulation (EEC) No 2407/92 on licensing of air carriers (
  1
  ) | 6 |
| 2006/C 182/5 | Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (
  1
  ) | 7 |
| 2006/C 182/6 | Prior notification of a concentration (Case COMP/M.4288 — SAAB/EMW) (
  1
  ) | 8 |
| 2006/C 182/7 | Withdrawal of notification of a concentration (Case COMP/M.4156 — Lactalis/Nestlé/JV) (
  1
  ) | 9 |
| 2006/C 182/8 | Prior notification of a concentration (Case COMP/M.4322 — Morgan Stanley/IHG/Portfolio Hotels) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2006/C 182/9 | Non-opposition to a notified concentration (Case COMP/M.4198 — Bayer/Schering) (
  1
  ) | 11 |
| 2006/C 182/0 | Non-opposition to a notified concentration (Case COMP/M.4211 — Schmolz + Bickenbach/Ugitech) | 11 |
| 2006/C 182/1 | Non-opposition to a notified concentration (Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA) (
  1
  ) | 12 |
| 2006/C 182/2 | Non-opposition to a notified concentration (Case COMP/M.4296 — Goldman Sachs/Borealis/Associated British Ports) (
  1
  ) | 12 |
| 2006/C 182/3 | Non-opposition to a notified concentration (Case COMP/M.4232 — Scottish & Newcastle/Kuehne + Nagel/JV) (
  1
  ) | 13 |

Notice No

Contents

page

I   Information

Council

2006/C 182/1

Information concerning the entry into force of the International Agreement on Olive Oil and Table Olives, 2005

1

2006/C 182/2

Revised rules of procedure of the governing board of the European Centre for the Development of Vocational Training (Approved by the Council on 24 July 2006)

2

Commission

2006/C 182/3

Euro exchange rates

5

2006/C 182/4

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Regulation (EEC) No 2407/92 on licensing of air carriers (
  1
  )

1

6

2006/C 182/5

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (
  1
  )

1

7

2006/C 182/6

Prior notification of a concentration (Case COMP/M.4288 — SAAB/EMW) (
  1
  )

1

8

2006/C 182/7

Withdrawal of notification of a concentration (Case COMP/M.4156 — Lactalis/Nestlé/JV) (
  1
  )

1

9

2006/C 182/8

Prior notification of a concentration (Case COMP/M.4322 — Morgan Stanley/IHG/Portfolio Hotels) — Candidate case for simplified procedure (
  1
  )

1

10

2006/C 182/9

Non-opposition to a notified concentration (Case COMP/M.4198 — Bayer/Schering) (
  1
  )

1

11

2006/C 182/0

Non-opposition to a notified concentration (Case COMP/M.4211 — Schmolz + Bickenbach/Ugitech)

11

2006/C 182/1

Non-opposition to a notified concentration (Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA) (
  1
  )

1

12

2006/C 182/2

Non-opposition to a notified concentration (Case COMP/M.4296 — Goldman Sachs/Borealis/Associated British Ports) (
  1
  )

1

12

2006/C 182/3

Non-opposition to a notified concentration (Case COMP/M.4232 — Scottish & Newcastle/Kuehne + Nagel/JV) (
  1
  )

1

13

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Council

| 4.8.2006 | EN | Official Journal of the European Union | C 182/1 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/1

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Information concerning the entry into force of the International Agreement on Olive Oil and Table Olives, 2005

(2006/C 182/01)

Following completion of the necessary procedures, the International Agreement on Olive Oil and Table Olives (2005) (1) has provisionally entered into force on 1 January 2006 and shall remain in force until 31 December 2014 unless the International Olive Council, acting through its Council of Members, decides to prolong it, extend it, renew it or terminate it in advance in accordance with the provisions of the Agreement.

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(1)  OJ L 302, 19.11.2005, p. 46.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/2 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/2

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REVISED RULES OF PROCEDURE OF THE GOVERNING BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING

(Approved by the Council on 24 July 2006)

(2006/C 182/02)

THE GOVERNING BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING,

Set up by Article 4 of Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (1), (hereinafter ‘the founding Regulation’),

Having regard to the first paragraph of Article 5 thereof,

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

Appointment of the Chair and Vice-Chairs

Article 1

The Chairperson and the three Vice-Chairpersons shall be appointed by the Governing Board in such a way that each belongs to one of the four categories mentioned in Article 4(2) of the founding Regulation.

Article 2

1.   If the Chairperson is absent or unable to attend, his/her duties shall be performed by one of the Vice-Chairpersons, selected in the order laid down by the Bureau.

2.   If the Chairperson and the Vice-Chairpersons are absent or unable to attend, these duties shall be performed by the most senior or, in the case of equal seniority, by the oldest Member present.

Bureau

Article 3

1.   In accordance with Article 4(8) and (5) of the founding Regulation, the Governing Board shall establish a Bureau, which shall be made up of the chair and the three vice-chairs of the Governing Board, the coordinator of the Governments' Group, the coordinator of the Employees' Group, the coordinator of the Employers' group and one more representative of the Commission Services.

2.   Without prejudice to the responsibilities of the Director set out in Article 7 and 8 of the Founding Regulation, the Bureau shall take decisions which are urgent or necessary for governing the Centre between meetings of the Governing Board and shall, as delegated by the Governing Board, monitor the implementation of the decisions of the Governing Board.

3.   The Bureau may not replace the Governing Board in respect of acts which the founding Regulation has expressly reserved to the latter: the list of candidates for a new Director (Article 6(1)); the medium-term priorities and the work programme (Article 8(1)) and the estimate of revenue and expenditure for the following financial year (Article 11(1)); as well as issues on the organisation, composition and method of working of the Bureau

4.   The Bureau's decisions shall be taken by consensus. If no consensus can be reached, the Bureau shall refer the matter to the Governing Board for decision (Article 4(12) of Founding Regulation).

5.   The Governing Board may decide to enlarge the Bureau with up to three additional members per group for meetings with strategic issues for future Governing Board decisions.

6.   The agreement of the members of the Bureau on a proposal made by one of them, or by the Director of the Centre may be ascertained by a written procedure, as laid down by the Governing Board.

Convening and venue

Article 4

1.   Pursuant to Article 4(6) of founding Regulation, the Governing Board shall be convened by its Chairperson, either on his/her own initiative at least once a year, or at the request of at least one third of the members.

2.   The Director of the Centre shall, on behalf of the Chairperson, notify each member of the date of a meeting not less than 15 working days before the date thereof. He/she shall simultaneously send them the draft agenda comprising the items to be examined and any preparatory documents.

3.   If, in accordance with Article 4(6) of founding Regulation, at least one third of the members of the Governing Board request that the Board be convened the Chairperson shall comply with the request within one month in accordance with paragraph 2.

Article 5

As a general rule, meetings of the Governing Board shall be held at the seat of the Centre.

Agenda

Article 6

1.   At the beginning of a meeting, the Governing Board shall adopt the agenda, which shall consist of the items included on the draft agenda referred to in Article 4(2) and any other items falling within its competence proposed by the Chairperson or, in accordance with paragraph 2, by one or more of its members.

2.   Any request by one or more members of the Governing Board for the inclusion of an item on the agenda or its deletion therefrom shall state the reasons on which it is based and shall be sent in writing to the Chairperson at least one week before the meeting. The Chairperson shall immediately bring any such request to the notice of the other members of the Governing Board.

3.   During a meeting, any member may propose the inclusion of an item on the agenda for the subsequent meeting. At the beginning of this subsequent meeting, the Governing Board shall decide whether to include the proposed item on the agenda.

Attendance at meetings

Article 7

1.   Besides the Chairperson, Vice-Chairpersons and members, the following persons may attend meeting without being entitled to vote:

| — | the Director and Deputy Director of the Centre. |
| --- | --- |

—

the Director and Deputy Director of the Centre.

2.   On a proposal from the Chairperson, the Governing Board may allow the following persons to attend meetings of the Governing Board or the Bureau without being entitled to vote:

| — | members of the Staff Committee of the Centre, |
| --- | --- |

—

members of the Staff Committee of the Centre,

| — | persons particularly qualified in matters which are the responsibility of the Board. |
| --- | --- |

—

persons particularly qualified in matters which are the responsibility of the Board.

Article 8

Any member of the Governing Board who is unable to attend a meeting shall notify the Director of the Centre.

Proceedings

Article 9

1.   The presence of majority of members of the Governing Board or of persons validly representing them shall constitute a quorum, account being taken of Article 13, with at least one third of its members present.

In the absence of a quorum, the Chairperson shall close the meeting and convene another as soon as possible.

2.   Meetings of the Governing Board shall not be public, but the outcome will be published unless matters are confidential.

3.   The Chairperson shall direct the proceedings.

4.   The Chairperson shall give precedence to those wishing to raise a point of order or a preliminary matter.

5.   If a speaker departs from the subject and has already been called to order twice by the Chairperson, the Chairperson may, if the speaker's remarks are still not to the point, forbid him/her to speak.

6.   If the Chairperson or any member disputes the admissibility of a motion proposed by a member during the proceedings, the matter shall be put to vote. The substance of such a motion may be discussed only with the assent of the majority, within the meaning of Article 10(1).

7.   If the Chairperson considers that a motion may impede the Governing Board's proceedings, he/she shall forthwith put it to the vote without debate.

Adoption of decisions

Article 10

1.   In accordance with Article 4(7) of the founding Regulation, decisions by the Governing Board shall be adopted by an absolute majority of its members.

2.   Motions that the Governing Board should not express an opinion on a question or that consideration of a question should be postponed shall be voted on before any motion dealing with the substance of the question.

3.   A motion which deals with several questions shall be divided into its several parts if this is requested.

4.   Where several motions are tabled on one and the same question, the most far-reaching among them shall be put to vote first. In the case of amendments, that amendment which departs the furthest from the basic text shall be put to the vote first. In the case of amendments to an amendment, there shall be put to the vote first, beginning with the most far-reaching, those amendments which seek to amend the amendment which departs the furthest from the basic text.

5.   The final vote shall be taken on the text resulting from previous voting.

Article 11

1.   The voting figures shall be stated for each decision adopted by the Governing Board. The decision shall be accompanied by a written statement of the views of the minority, where the latter so requests.

2.   The Director of the Centre shall, where necessary, give notice of the decisions adopted.

Method of voting

Article 12

1.   Voting shall be by show of hands or by roll call.

2.   If the result of a vote by show of hands is disputed, the Chairperson shall proceed to a vote by roll call.

3.   Nominations and appointments shall be made by secret vote if one of the members so requests or if the Chairperson thinks it necessary.

4.   In the case of a secret vote, the Chairperson shall count the votes in the presence of three scrutineers appointed by the Governing Board each time a vote is taken. The Chairperson shall declare the results immediately.

5.   When a motion is put to the vote, any member present shall, if he/she so wishes, be authorised by the Chairperson to give a brief explanation of the reasons for his/her vote.

Voting by proxy

Article 13

1.   Any member unable to attend a meeting may authorise any other member in his own category to vote on his/her behalf. Members so doing must inform the Chairperson thereof in writing before the meeting.

2.   A member may not be given more than two proxy votes.

3.   A proxy vote is valid only for the meeting for which it has been given.

Closure of debates

Article 14

1.   The Chairperson may move the closure of the debate when he/she considers that all members have had an opportunity to express their views. Members may also move for closure.

2.   Any member asking to speak on closure shall be given precedence.

3.   Any motion to close the debate shall be put to a vote.

Written procedures

Article 15

1.   Written procedures can be organised in two ways:

| (a) | via a proposal, which is sent to all Governing Board members, who are requested to give their positions to their Bureau members for a decision by the Bureau; |
| --- | --- |

(a)

via a proposal, which is sent to all Governing Board members, who are requested to give their positions to their Bureau members for a decision by the Bureau;

| (b) | via a proposal for a decision following a failure to reach a consensus in the Bureau (Article 3(5)), |
| --- | --- |

(b)

via a proposal for a decision following a failure to reach a consensus in the Bureau (Article 3(5)),

2.   The Governing Board shall lay down the practical arrangements for implementation of written procedures, which have to leave enough time for (electronic) voting and other procedures to finalise the voting procedure.

Minutes of meetings

Article 16

1.   Minutes shall be taken of each meeting.

2.   These minutes shall include:

| (a) | The list of those present and proxy votes, |
| --- | --- |

(a)

The list of those present and proxy votes,

| (b) | A record of the proceedings, |
| --- | --- |

(b)

A record of the proceedings,

| (c) | The decisions adopted by the Governing Board with an indication of the voting figures for each vote taken. |
| --- | --- |

(c)

The decisions adopted by the Governing Board with an indication of the voting figures for each vote taken.

3.   The Governing Board shall receive draft minutes within four weeks of the relevant meeting.

4.   The minutes shall be submitted to the Governing Board by written procedure and shall be adopted by the Bureau.

5.   Motions to amend the draft minutes shall be submitted to the Director in writing no later than four weeks after they have been received by the members.

6.   The approved minutes shall be signed by the Chairperson and countersigned by the Director of the Centre.

Secretariat

Article 17

1.   In accordance with Article 7(2) of the founding Regulation, the Director of the Centre shall prepare and organise the work of the Governing Board and the Bureau and shall provide the secretariat for their meetings. He/she shall assist the Bureau and the Governing Board in preparing their decisions reached in the meeting or via written procedure.

2.   Correspondence intended for the Governing Board, its Chairperson or the Director of the Centre shall be addressed to the Centre.

Revision of the Rules of Procedure

Article 18

1.   The Governing Board shall decide on the revision of its rules of procedure by an absolute majority of its members.

2.   The revision shall enter into force after the Council of the European Union has received an opinion from the Commission and has given its approval.

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(1)  OJ L 39, 13.2.1975, as last amended by Council Regulation (EC) No 2051/2004 of 25 October 2004, OJ L 355 of 1.12.2004, p. 1.

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Commission

| 4.8.2006 | EN | Official Journal of the European Union | C 182/5 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/5

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Euro exchange rates (1)

3 August 2006

(2006/C 182/03)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2781 |
| JPY | Japanese yen | 146,84 |
| DKK | Danish krone | 7,4611 |
| GBP | Pound sterling | 0,67805 |
| SEK | Swedish krona | 9,2035 |
| CHF | Swiss franc | 1,5746 |
| ISK | Iceland króna | 90,25 |
| NOK | Norwegian krone | 7,8705 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5750 |
| CZK | Czech koruna | 28,435 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 273,25 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,9232 |
| RON | Romanian leu | 3,5338 |
| SIT | Slovenian tolar | 239,65 |
| SKK | Slovak koruna | 37,960 |
| TRY | Turkish lira | 1,9145 |
| AUD | Australian dollar | 1,6772 |
| CAD | Canadian dollar | 1,4380 |
| HKD | Hong Kong dollar | 9,9355 |
| NZD | New Zealand dollar | 2,0559 |
| SGD | Singapore dollar | 2,0177 |
| KRW | South Korean won | 1 234,33 |
| ZAR | South African rand | 8,8138 |
| CNY | Chinese yuan renminbi | 10,1951 |
| HRK | Croatian kuna | 7,2650 |
| IDR | Indonesian rupiah | 11 640,30 |
| MYR | Malaysian ringgit | 4,706 |
| PHP | Philippine peso | 66,020 |
| RUB | Russian rouble | 34,2380 |
| THB | Thai baht | 48,401 |

Currency

Exchange rate

USD

US dollar

1,2781

JPY

Japanese yen

146,84

DKK

Danish krone

7,4611

GBP

Pound sterling

0,67805

SEK

Swedish krona

9,2035

CHF

Swiss franc

1,5746

ISK

Iceland króna

90,25

NOK

Norwegian krone

7,8705

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5750

CZK

Czech koruna

28,435

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

273,25

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9232

RON

Romanian leu

3,5338

SIT

Slovenian tolar

239,65

SKK

Slovak koruna

37,960

TRY

Turkish lira

1,9145

AUD

Australian dollar

1,6772

CAD

Canadian dollar

1,4380

HKD

Hong Kong dollar

9,9355

NZD

New Zealand dollar

2,0559

SGD

Singapore dollar

2,0177

KRW

South Korean won

1 234,33

ZAR

South African rand

8,8138

CNY

Chinese yuan renminbi

10,1951

HRK

Croatian kuna

7,2650

IDR

Indonesian rupiah

11 640,30

MYR

Malaysian ringgit

4,706

PHP

Philippine peso

66,020

RUB

Russian rouble

34,2380

THB

Thai baht

48,401

---

(1)

Source: reference exchange rate published by the ECB.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/6 |
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4.8.2006

EN

Official Journal of the European Union

C 182/6

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Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Regulation (EEC) No 2407/92 on licensing of air carriers (1)
   (2)

(2006/C 182/04)

(Text with EEA relevance)

AUSTRIA

Operating licences revoked

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| Charter Air GmbH | Weiherburggasse 7 |
| A-6020 Innsbruck |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

Charter Air GmbH

Weiherburggasse 7

A-6020 Innsbruck

passengers, mail, cargo

2.6.2006

---

(1)  OJ L 240, 24.8.1992, p. 1.

(2)  Communicated to the European Commission before 31.8.2005.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/7 |
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4.8.2006

EN

Official Journal of the European Union

C 182/7

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Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1)
   (2)

(2006/C 182/05)

(Text with EEA relevance)

SPAIN

Operating licences granted

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| EUROAIRLINES, S.L. | Virgen de Monserrat, 37 |
| E-08340 La Roca del Valles (Barcelona) |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

EUROAIRLINES, S.L.

Virgen de Monserrat, 37

E-08340 La Roca del Valles (Barcelona)

passengers, mail, cargo

28.6.2006

---

(1)  OJ L 240, 24.8.1992, p. 1.

(2)  Communicated to the European Commission before 31.8.2005.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/8 |
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4.8.2006

EN

Official Journal of the European Union

C 182/8

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Prior notification of a concentration

(Case COMP/M.4288 — SAAB/EMW)

(2006/C 182/06)

(Text with EEA relevance)

| 1. | On 26 July 2006, 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 Saab AB (‘Saab’, Sweden, a company jointly controlled by BAE Systems Plc. (‘BAE Systems’, UK) and Investor AB (‘Investor’, Sweden) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Ericsson Microwave Systems AB (‘EMW’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 26 July 2006, 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 Saab AB (‘Saab’, Sweden, a company jointly controlled by BAE Systems Plc. (‘BAE Systems’, UK) and Investor AB (‘Investor’, Sweden) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Ericsson Microwave Systems AB (‘EMW’, Sweden) by way of purchase of shares.

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






  — | Saab: defense, aviation, space and civil security products; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Saab: defense, aviation, space and civil security products;

| — | EMW: defense electronic and avionics, in particular radar systems. |
| --- | --- |

—

EMW: defense electronic and avionics, in particular radar systems.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4288 — SAAB/EMW, 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.4288 — SAAB/EMW, 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.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/9 |
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4.8.2006

EN

Official Journal of the European Union

C 182/9

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Withdrawal of notification of a concentration

(Case COMP/M.4156 — Lactalis/Nestlé/JV)

(2006/C 182/07)

(Text with EEA relevance)

(COUNCIL REGULATION (EC) No 139/2004)

On 7 June 2006, the Commission of the European Communities received notification of a proposed concentration between Lactalis and Nestle. On 20 July 2006, the notifying parties informed the Commission that they withdrew their notification.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/10 |
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4.8.2006

EN

Official Journal of the European Union

C 182/10

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Prior notification of a concentration

(Case COMP/M.4322 — Morgan Stanley/IHG/Portfolio Hotels)

Candidate case for simplified procedure

(2006/C 182/08)

(Text with EEA relevance)

| 1. | On 27 July 2006, 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 Morgan Stanley Real Estate F International Funding, L.P. (‘MSREF’, US) and InterContinental Hotels Group plc (‘IHG’, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of seven InterContinental-branded hotels located in the European Union (the ‘Portfolio Hotels’), currently owned by IHG, via purchase of shares and management contracts. |
| --- | --- |

1.

On 27 July 2006, 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 Morgan Stanley Real Estate F International Funding, L.P. (‘MSREF’, US) and InterContinental Hotels Group plc (‘IHG’, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of seven InterContinental-branded hotels located in the European Union (the ‘Portfolio Hotels’), currently owned by IHG, via purchase of shares and management contracts.

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






  — | for MSREF: real estate investment and management, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for MSREF: real estate investment and management,

| — | for IHG: ownership, management and franchising of hotels on a world-wide basis. |
| --- | --- |

—

for IHG: ownership, management and franchising of hotels on a world-wide basis.

| 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 (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 4322 — Morgan Stanley/IHG/Portfolio Hotels, 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 (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 4322 — Morgan Stanley/IHG/Portfolio Hotels, 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.

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| 4.8.2006 | EN | Official Journal of the European Union | C 182/11 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/11

---

Non-opposition to a notified concentration

(Case COMP/M.4198 — Bayer/Schering)

(2006/C 182/09)

(Text with EEA relevance)

On 24 May 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4198. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4198. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---

| 4.8.2006 | EN | Official Journal of the European Union | C 182/11 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/11

---

Non-opposition to a notified concentration

(Case COMP/M.4211 — Schmolz + Bickenbach/Ugitech)

(2006/C 182/10)

(Text with EEA relevance)

On 3 July 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German 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 32006M4211. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4211. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---

| 4.8.2006 | EN | Official Journal of the European Union | C 182/12 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/12

---

Non-opposition to a notified concentration

(Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA)

(2006/C 182/11)

(Text with EEA relevance)

On 23 May 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4164. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4164. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---

| 4.8.2006 | EN | Official Journal of the European Union | C 182/12 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/12

---

Non-opposition to a notified concentration

(Case COMP/M.4296 — Goldman Sachs/Borealis/Associated British Ports)

(2006/C 182/12)

(Text with EEA relevance)

On 26 July 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4296. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4296. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---

| 4.8.2006 | EN | Official Journal of the European Union | C 182/13 |
| --- | --- | --- | --- |

4.8.2006

EN

Official Journal of the European Union

C 182/13

---

Non-opposition to a notified concentration

(Case COMP/M.4232 — Scottish & Newcastle/Kuehne + Nagel/JV)

(2006/C 182/13)

(Text with EEA relevance)

On 28 June 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32006M4232. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4232. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---