# Official Journal C 173/13 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 173 |
| | |
| English edition | Information and Notices | Volume 4813 July 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 173

English edition

Information and Notices

Volume 4813 July 2005

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Council |
| 2005/C 173/1 | Council conclusions on developing the agenda for the Community's external aviation policy | 1 |
| | Commission |
| 2005/C 173/2 | Euro exchange rates | 4 |
| 2005/C 173/3 | Final report of the Hearing Officer in Case COMP/E-1/37.370 — Sorbates (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) | 5 |
| 2005/C 173/4 | Non-opposition to a notified concentration (Case COMP/M.3844 — IBM/Global Value) (
  1
  ) | 7 |
| 2005/C 173/5 | Non-opposition to a notified concentration (Case COMP/M.3695 — BT/Radianz) (
  1
  ) | 7 |
| 2005/C 173/6 | Non-opposition to a notified concentration (Case COMP/M.3849 — IPR/Mitsui/Calpine UK) (
  1
  ) | 8 |
| 2005/C 173/7 | Non-opposition to a notified concentration (Case COMP/M.3763 — Carlsberg/DLG/Sejet JV) (
  1
  ) | 8 |

Notice No

Contents

page

I   Information

Council

2005/C 173/1

Council conclusions on developing the agenda for the Community's external aviation policy

1

Commission

2005/C 173/2

Euro exchange rates

4

2005/C 173/3

Final report of the Hearing Officer in Case COMP/E-1/37.370 — Sorbates (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)

5

2005/C 173/4

Non-opposition to a notified concentration (Case COMP/M.3844 — IBM/Global Value) (
  1
  )

1

7

2005/C 173/5

Non-opposition to a notified concentration (Case COMP/M.3695 — BT/Radianz) (
  1
  )

1

7

2005/C 173/6

Non-opposition to a notified concentration (Case COMP/M.3849 — IPR/Mitsui/Calpine UK) (
  1
  )

1

8

2005/C 173/7

Non-opposition to a notified concentration (Case COMP/M.3763 — Carlsberg/DLG/Sejet JV) (
  1
  )

1

8

| | III   Notices |
| --- | --- |
| | Commission |
| 2005/C 173/8 | NO-Oslo: operation of scheduled air services — 2005/S 115-113429 — Invitation to tender — Annulment | 9 |

III   Notices

Commission

2005/C 173/8

NO-Oslo: operation of scheduled air services — 2005/S 115-113429 — Invitation to tender — Annulment

9

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Council

| 13.7.2005 | EN | Official Journal of the European Union | C 173/1 |
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13.7.2005

EN

Official Journal of the European Union

C 173/1

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COUNCIL CONCLUSIONS

on developing the agenda for the Community's external aviation policy

(2005/C 173/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Communication from the Commission on ‘Developing the agenda for the Community's external aviation policy’ (COM(2005) 79 final),

On matters of general policy

| 1. | RECALLS the agreement on a package of measures relating to the Community's external aviation policy reached at the Transport, Telecommunications and Energy Council of 5/6 June 2003; |
| --- | --- |

1.

RECALLS the agreement on a package of measures relating to the Community's external aviation policy reached at the Transport, Telecommunications and Energy Council of 5/6 June 2003;

| 2. | RECOGNISES:






  — | that air transport plays a vital role in the European economy and for international trade and cooperation and that the aviation sector has a major contribution to offer in improving the competitiveness of the European economy as set out in the Lisbon Agenda; |
| --- | --- | --- |

2.

RECOGNISES:

—

that air transport plays a vital role in the European economy and for international trade and cooperation and that the aviation sector has a major contribution to offer in improving the competitiveness of the European economy as set out in the Lisbon Agenda;

| — | that the achievements of the Community's internal aviation market for both EU industry and users have created significant benefits for consumers and significant opportunities for operators that can be explored in respect of the Community's aviation relations with third countries as well as providing useful references for third countries; |
| --- | --- |

—

that the achievements of the Community's internal aviation market for both EU industry and users have created significant benefits for consumers and significant opportunities for operators that can be explored in respect of the Community's aviation relations with third countries as well as providing useful references for third countries;

| — | that the negotiation of new or amended aviation agreements with third countries must be conducted in a spirit which seeks to deliver mutually beneficial outcomes; |
| --- | --- |

—

that the negotiation of new or amended aviation agreements with third countries must be conducted in a spirit which seeks to deliver mutually beneficial outcomes;

| — | that differences in the stages of development of Member States' bilateral aviation arrangements with third countries can, in practice, lead to inequalities in the opportunities available to Community carriers in some international markets; |
| --- | --- |

—

that differences in the stages of development of Member States' bilateral aviation arrangements with third countries can, in practice, lead to inequalities in the opportunities available to Community carriers in some international markets;

| — | the important role of industry and consumer stakeholders, in particular the European airline industry, in the development of the Community's external aviation policy; |
| --- | --- |

—

the important role of industry and consumer stakeholders, in particular the European airline industry, in the development of the Community's external aviation policy;

| 3. | STRESSES the important complementary roles that Member States and the Community play in relation to negotiations with third countries; |
| --- | --- |

3.

STRESSES the important complementary roles that Member States and the Community play in relation to negotiations with third countries;

| 4. | WELCOMES the Communication from the Commission, which provides a clear and coherent overview of the Commission's vision of the future development of the Community's external aviation policy and priorities; |
| --- | --- |

4.

WELCOMES the Communication from the Commission, which provides a clear and coherent overview of the Commission's vision of the future development of the Community's external aviation policy and priorities;

With regard to bilateral agreements between Member States and third countries

| 5. | UNDERLINES that the bilateral system of agreements between Member States and third countries will remain, for the time being at least, the principal basis for international relations in the aviation sector. These agreements play a vital role in ensuring the continuity of services for users and a stable operating environment for industry, to the benefit of the wider economy; |
| --- | --- |

5.

UNDERLINES that the bilateral system of agreements between Member States and third countries will remain, for the time being at least, the principal basis for international relations in the aviation sector. These agreements play a vital role in ensuring the continuity of services for users and a stable operating environment for industry, to the benefit of the wider economy;

| 6. | RECOGNISES that the so-called ‘open skies’ judgements of the European Court of Justice of 5 November 2002 have clarified the respective competences of Member States and the Community in external aviation relations; |
| --- | --- |

6.

RECOGNISES that the so-called ‘open skies’ judgements of the European Court of Justice of 5 November 2002 have clarified the respective competences of Member States and the Community in external aviation relations;

| 7. | CONSEQUENTLY STRESSES the importance that Member States and the Commission strengthen further their cooperation and coordination and provide full mutual support in pursuit of the shared aim of bringing all such bilateral air service agreements into conformity with Community law as soon as possible, thereby restoring the legal certainty for Community as well as third country air carriers on international routes; |
| --- | --- |

7.

CONSEQUENTLY STRESSES the importance that Member States and the Commission strengthen further their cooperation and coordination and provide full mutual support in pursuit of the shared aim of bringing all such bilateral air service agreements into conformity with Community law as soon as possible, thereby restoring the legal certainty for Community as well as third country air carriers on international routes;

| 8. | UNDERLINES, in this context, the need for the Commission and the Member States to work together in a concerted manner, using all available means, to avoid interruptions in bilateral agreements between Member States and third countries; |
| --- | --- |

8.

UNDERLINES, in this context, the need for the Commission and the Member States to work together in a concerted manner, using all available means, to avoid interruptions in bilateral agreements between Member States and third countries;

| 9. | WELCOMES:






  — | the significant progress made in the context of ‘horizontal’ negotiations conducted by the Commission that has led to the initialling of a growing number of ‘horizontal’ agreements with third countries; |
| --- | --- | --- |

9.

WELCOMES:

—

the significant progress made in the context of ‘horizontal’ negotiations conducted by the Commission that has led to the initialling of a growing number of ‘horizontal’ agreements with third countries;

| — | the significant results obtained by Member States in the context of their bilateral relations to bring their bilateral agreements into line with Community law; |
| --- | --- |

—

the significant results obtained by Member States in the context of their bilateral relations to bring their bilateral agreements into line with Community law;

| — | the agreement reached on the Community standard clauses to be incorporated in bilateral air service agreements as envisaged by Regulation (EC) No 847/2004; |
| --- | --- |

—

the agreement reached on the Community standard clauses to be incorporated in bilateral air service agreements as envisaged by Regulation (EC) No 847/2004;

| 10. | RECOGNISES that, although good progress has been made, the adaptation of the large number of existing bilateral agreements to Community law will still take time and that Community carriers must be able to operate and develop their international businesses during this time so as not to jeopardise their commercial position with regard to competitors; |
| --- | --- |

10.

RECOGNISES that, although good progress has been made, the adaptation of the large number of existing bilateral agreements to Community law will still take time and that Community carriers must be able to operate and develop their international businesses during this time so as not to jeopardise their commercial position with regard to competitors;

| 11. | CONSEQUENTLY STRESSES the necessity for Member States and the Commission to apply Regulation (EC) No 847/2004, in particular Articles 1 and 4 thereof, in a manner that preserves the continuity and permits the development of air services; in this context it is necessary to give equivalent consideration to agreements and understandings concluded by Member States with third countries after 5 November 2002 but before the adoption of Regulation (EC) No 847/2004; |
| --- | --- |

11.

CONSEQUENTLY STRESSES the necessity for Member States and the Commission to apply Regulation (EC) No 847/2004, in particular Articles 1 and 4 thereof, in a manner that preserves the continuity and permits the development of air services; in this context it is necessary to give equivalent consideration to agreements and understandings concluded by Member States with third countries after 5 November 2002 but before the adoption of Regulation (EC) No 847/2004;

General principles regarding agreements/negotiations between the Community and third countries

| 12. | WELCOMES the general principles underpinning the Commission's Communication with regard to comprehensive agreements i.e. that the inseparable twin aims of comprehensive open aviation area agreements should be, on the one hand, market opening creating new economic opportunities and investment possibilities, and, on the other hand, a process of regulatory convergence that ensures a satisfactory level playing field with fair and equitable competition conditions; |
| --- | --- |

12.

WELCOMES the general principles underpinning the Commission's Communication with regard to comprehensive agreements i.e. that the inseparable twin aims of comprehensive open aviation area agreements should be, on the one hand, market opening creating new economic opportunities and investment possibilities, and, on the other hand, a process of regulatory convergence that ensures a satisfactory level playing field with fair and equitable competition conditions;

| 13. | STRESSES the importance for EU businesses and consumers of allowing Member States to continue negotiating traffic rights and related commercial matters with third countries in parallel with Community-level negotiations during the transition towards conclusion of open aviation area agreements or other agreements, and in this context stresses the need for the Commission, in accordance with Community law, to apply Articles 1 and 4 of Regulation (EC) No 847/2004 taking into consideration the need of Member States to negotiate additional traffic rights and related commercial matters; |
| --- | --- |

13.

STRESSES the importance for EU businesses and consumers of allowing Member States to continue negotiating traffic rights and related commercial matters with third countries in parallel with Community-level negotiations during the transition towards conclusion of open aviation area agreements or other agreements, and in this context stresses the need for the Commission, in accordance with Community law, to apply Articles 1 and 4 of Regulation (EC) No 847/2004 taking into consideration the need of Member States to negotiate additional traffic rights and related commercial matters;

| 14. | INVITES the Commission in relation to negotiations with third countries to ensure full information and consultation of all relevant stakeholders including notably the European airline industry throughout the negotiations; |
| --- | --- |

14.

INVITES the Commission in relation to negotiations with third countries to ensure full information and consultation of all relevant stakeholders including notably the European airline industry throughout the negotiations;

Regarding existing mandates for comprehensive agreements/negotiations between the Community and third countries

| 15. | URGES the Commission to bring the current negotiations with the United States to a successful and mutually satisfactory conclusion as early as possible taking account of discussions held at the Transport, Telecommunications and Energy Councils of June 2004, October 2004 and April 2005; |
| --- | --- |

15.

URGES the Commission to bring the current negotiations with the United States to a successful and mutually satisfactory conclusion as early as possible taking account of discussions held at the Transport, Telecommunications and Energy Councils of June 2004, October 2004 and April 2005;

| 16. | WELCOMES the encouraging early progress being made in developing a wider European Common Aviation Area by 2010 incorporating EU neighbouring countries and in particular:






  — | in the context of negotiating ECAA-type of agreements with the Western Balkan countries and |
| --- | --- | --- |

16.

WELCOMES the encouraging early progress being made in developing a wider European Common Aviation Area by 2010 incorporating EU neighbouring countries and in particular:

—

in the context of negotiating ECAA-type of agreements with the Western Balkan countries and

| — | in negotiations towards a Euro-Mediterranean aviation agreement with Morocco; |
| --- | --- |

—

in negotiations towards a Euro-Mediterranean aviation agreement with Morocco;

Regarding the future development of policy on Community-level negotiations with third countries

| 17. | STRESSES that, before granting mandates for the negotiation of any further comprehensive agreements with third countries, the added value of any resulting Community-level agreement should be clearly demonstrated in each case, notably with regard to the prospects of obtaining significant new opportunities for EU industry and users and achieving greater levels of regulatory convergence with a view to ensuring a competitive level playing field; |
| --- | --- |

17.

STRESSES that, before granting mandates for the negotiation of any further comprehensive agreements with third countries, the added value of any resulting Community-level agreement should be clearly demonstrated in each case, notably with regard to the prospects of obtaining significant new opportunities for EU industry and users and achieving greater levels of regulatory convergence with a view to ensuring a competitive level playing field;

| 18. | STRESSES as a priority the importance of ensuring within the framework of the accession of the Russian Federation to the World Trade Organisation a satisfactory solution to the phase out of trans-Siberian overflight payments by 31 December 2013 comprising the following elements:






  — | confirmation that all current payments be abolished by 31 December 2013, |
| --- | --- | --- |

18.

STRESSES as a priority the importance of ensuring within the framework of the accession of the Russian Federation to the World Trade Organisation a satisfactory solution to the phase out of trans-Siberian overflight payments by 31 December 2013 comprising the following elements:

—

confirmation that all current payments be abolished by 31 December 2013,

| — | gradual reduction of payments during a transition period leading up to 2013, |
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—

gradual reduction of payments during a transition period leading up to 2013,

| — | the principle of unrestricted overflight frequencies; |
| --- | --- |

—

the principle of unrestricted overflight frequencies;

this being a pre-requisite for making further progress with the Russian Federation;

| 19. | UNDERTAKES to examine with interest, in the light of the ‘added value’ principle set out in point 17 as well as the considerations set out in point 13 above, the Communications and corresponding Recommendations from the Commission relating to the development of aviation relations between the Community and the Russian Federation and the Community and the Peoples Republic of China respectively; concerning these countries, and any other third country for which a new mandate for comprehensive negotiations is granted, the Council considers that the acceptance of community clauses, through bilateral or Community-level negotiation, should be the necessary starting point for Community negotiations; |
| --- | --- |

19.

UNDERTAKES to examine with interest, in the light of the ‘added value’ principle set out in point 17 as well as the considerations set out in point 13 above, the Communications and corresponding Recommendations from the Commission relating to the development of aviation relations between the Community and the Russian Federation and the Community and the Peoples Republic of China respectively; concerning these countries, and any other third country for which a new mandate for comprehensive negotiations is granted, the Council considers that the acceptance of community clauses, through bilateral or Community-level negotiation, should be the necessary starting point for Community negotiations;

| 20. | NOTES with interest the other third countries of major importance identified in the Commission's Communication, including Australia, New Zealand, India, Chile and South Africa, as potential candidates for future requests for comprehensive negotiating mandates, and underlines that any such requests will be assessed by the Council on the basis of a case-by-case evaluation of the added value that such Community negotiations could bring. |
| --- | --- |

20.

NOTES with interest the other third countries of major importance identified in the Commission's Communication, including Australia, New Zealand, India, Chile and South Africa, as potential candidates for future requests for comprehensive negotiating mandates, and underlines that any such requests will be assessed by the Council on the basis of a case-by-case evaluation of the added value that such Community negotiations could bring.

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Commission

| 13.7.2005 | EN | Official Journal of the European Union | C 173/4 |
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13.7.2005

EN

Official Journal of the European Union

C 173/4

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Euro exchange rates (1)

12 July 2005

(2005/C 173/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2166 |
| JPY | Japanese yen | 135,33 |
| DKK | Danish krone | 7,4572 |
| GBP | Pound sterling | 0,68815 |
| SEK | Swedish krona | 9,4560 |
| CHF | Swiss franc | 1,5563 |
| ISK | Iceland króna | 78,89 |
| NOK | Norwegian krone | 7,8965 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5736 |
| CZK | Czech koruna | 30,211 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 246,27 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6958 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,1040 |
| RON | Romanian leu | 3,5715 |
| SIT | Slovenian tolar | 239,46 |
| SKK | Slovak koruna | 38,780 |
| TRY | Turkish lira | 1,6299 |
| AUD | Australian dollar | 1,6143 |
| CAD | Canadian dollar | 1,4742 |
| HKD | Hong Kong dollar | 9,4612 |
| NZD | New Zealand dollar | 1,7797 |
| SGD | Singapore dollar | 2,0537 |
| KRW | South Korean won | 1 264,66 |
| ZAR | South African rand | 8,1026 |
| CNY | Chinese yuan renminbi | 10,0692 |
| HRK | Croatian kuna | 7,3128 |
| IDR | Indonesian rupiah | 11 900,78 |
| MYR | Malaysian ringgit | 4,623 |
| PHP | Philippine peso | 68,190 |
| RUB | Russian rouble | 34,7850 |
| THB | Thai baht | 50,815 |

Currency

Exchange rate

USD

US dollar

1,2166

JPY

Japanese yen

135,33

DKK

Danish krone

7,4572

GBP

Pound sterling

0,68815

SEK

Swedish krona

9,4560

CHF

Swiss franc

1,5563

ISK

Iceland króna

78,89

NOK

Norwegian krone

7,8965

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5736

CZK

Czech koruna

30,211

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,27

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6958

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,1040

RON

Romanian leu

3,5715

SIT

Slovenian tolar

239,46

SKK

Slovak koruna

38,780

TRY

Turkish lira

1,6299

AUD

Australian dollar

1,6143

CAD

Canadian dollar

1,4742

HKD

Hong Kong dollar

9,4612

NZD

New Zealand dollar

1,7797

SGD

Singapore dollar

2,0537

KRW

South Korean won

1 264,66

ZAR

South African rand

8,1026

CNY

Chinese yuan renminbi

10,0692

HRK

Croatian kuna

7,3128

IDR

Indonesian rupiah

11 900,78

MYR

Malaysian ringgit

4,623

PHP

Philippine peso

68,190

RUB

Russian rouble

34,7850

THB

Thai baht

50,815

---

(1)

Source: reference exchange rate published by the ECB.

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| 13.7.2005 | EN | Official Journal of the European Union | C 173/5 |
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13.7.2005

EN

Official Journal of the European Union

C 173/5

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Final report of the Hearing Officer in Case COMP/E-1/37.370 — Sorbates

(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)

(2005/C 173/03)

The draft decision in this case gives rise to the following observations:

| | Statements of objections were sent to seven undertakings — Cheminova A/S (Cheminova), Chisso Corporation (Chisso), Daicel Chemical Industries, Ltd (Daicel), Hoechst AG, (Hoechst), Nutrinova Nutrition Specialities & Food Ingredients GmbH (Nutrinova), The Nippon Synthetic Chemical Industry Co, Ltd (Nippon), Ueno Fine Chemicals Industry, Ltd (Ueno) on 30 December 2002 or 9 January 2003. Access to the file was provided by two CD-ROMS that accompanied the Statements of Objections or were sent subsequently. One of the parties requested an extension of the original time period to reply to the Statement of Objections. In response, I granted extensions for all parties to reply eight weeks following receipt of the complete access to the file. All parties responded in due time. |
| --- | --- |

Statements of objections were sent to seven undertakings — Cheminova A/S (Cheminova), Chisso Corporation (Chisso), Daicel Chemical Industries, Ltd (Daicel), Hoechst AG, (Hoechst), Nutrinova Nutrition Specialities & Food Ingredients GmbH (Nutrinova), The Nippon Synthetic Chemical Industry Co, Ltd (Nippon), Ueno Fine Chemicals Industry, Ltd (Ueno) on 30 December 2002 or 9 January 2003. Access to the file was provided by two CD-ROMS that accompanied the Statements of Objections or were sent subsequently. One of the parties requested an extension of the original time period to reply to the Statement of Objections. In response, I granted extensions for all parties to reply eight weeks following receipt of the complete access to the file. All parties responded in due time.

| | All parties requested an oral hearing, which took place on 24 April 2003. |
| --- | --- |

All parties requested an oral hearing, which took place on 24 April 2003.

| | In the meantime, on 22 January 2003 the legal representative of Hoechst and Nutrinova requested me to provide further access to the file, this having been rejected by the relevant Commission services. Specifically, additional access was requested to any notes of telephone conversations that had taken place between Commission officials and Chisso between September 1998 and the end of April 1999. Hoechst and Nutrinova also requested access to the full letters, including annexes, sent by Chisso to the Commission on 17 December 2002 and 26 March 1999. These documents were claimed to be material to Hoechst and Nutrinova's arguments and defence as to leniency including the issue as to which company was first to provide decisive evidence. |
| --- | --- |

In the meantime, on 22 January 2003 the legal representative of Hoechst and Nutrinova requested me to provide further access to the file, this having been rejected by the relevant Commission services. Specifically, additional access was requested to any notes of telephone conversations that had taken place between Commission officials and Chisso between September 1998 and the end of April 1999. Hoechst and Nutrinova also requested access to the full letters, including annexes, sent by Chisso to the Commission on 17 December 2002 and 26 March 1999. These documents were claimed to be material to Hoechst and Nutrinova's arguments and defence as to leniency including the issue as to which company was first to provide decisive evidence.

| | In response, I informed the parties by letter of 24 February 2003 that further access to the file would not be granted at that stage of the procedure. I explained that notes of telephone conversations between parties and Commission officials are internal documents of the Commission and thus, in principle, non-accessible. In this particular case, the Commission had, exceptionally, made accessible some of the internal file notes and had referred to them in the Statement of Objections, in order to explain the facts and dates of the meetings that the Commission held with the different addressees. With regard to the letters from Chisso, the latter had requested confidential treatment for these letters and the parties had been given access to non-confidential summaries of those letters (1). |
| --- | --- |

In response, I informed the parties by letter of 24 February 2003 that further access to the file would not be granted at that stage of the procedure. I explained that notes of telephone conversations between parties and Commission officials are internal documents of the Commission and thus, in principle, non-accessible. In this particular case, the Commission had, exceptionally, made accessible some of the internal file notes and had referred to them in the Statement of Objections, in order to explain the facts and dates of the meetings that the Commission held with the different addressees. With regard to the letters from Chisso, the latter had requested confidential treatment for these letters and the parties had been given access to non-confidential summaries of those letters (1).

| | In its reply to the Statement of Objections Hoechst and Nutrinova requested access to the other parties' replies to the Statement of Objections and by letter of 2 April 2003, Chisso made a formal request for access to non-confidential version of Nutrinova's reply to the Commission's Statement of Objections. In response, these parties were informed that replies to the Statement of Objections as such are not accessible as they are not part of the investigation file. It is only when the Commission intends to use a reply to the Statement of Objections of one undertaking as incriminating evidence against another undertaking or as exonerating evidence in favour of another undertaking that this information is passed to the undertaking concerned. |
| --- | --- |

In its reply to the Statement of Objections Hoechst and Nutrinova requested access to the other parties' replies to the Statement of Objections and by letter of 2 April 2003, Chisso made a formal request for access to non-confidential version of Nutrinova's reply to the Commission's Statement of Objections. In response, these parties were informed that replies to the Statement of Objections as such are not accessible as they are not part of the investigation file. It is only when the Commission intends to use a reply to the Statement of Objections of one undertaking as incriminating evidence against another undertaking or as exonerating evidence in favour of another undertaking that this information is passed to the undertaking concerned.

| | In addition, in their reply to the Statement of Objections and at the Oral Hearing Hoechst and Nutrinova reiterated their request for additional access to file in the context of procedural errors that they claimed to have been committed by the Commission. More specifically, Hoechst and Nutrinova claimed to have been disadvantaged in terms of treatment by the Commission by comparison with Chisso in a number of specific ways relating to their cooperation with the Commission. |
| --- | --- |

In addition, in their reply to the Statement of Objections and at the Oral Hearing Hoechst and Nutrinova reiterated their request for additional access to file in the context of procedural errors that they claimed to have been committed by the Commission. More specifically, Hoechst and Nutrinova claimed to have been disadvantaged in terms of treatment by the Commission by comparison with Chisso in a number of specific ways relating to their cooperation with the Commission.

| | As a result of these claims made by Hoechst and Nutrinova, I have paid special attention to the conclusions of the Commission on the issue of leniency in the present draft decision. I have also examined internal notes of the Commission services in so far as these exist. In the event, the concerns expressed by Hoechst and Nutrinova are largely rendered moot by the conclusions set out in the draft decision on the issue of leniency. In addition, I am satisfied that the actions of the Commission services vis-à-vis the parties have had no impact on the outcome of the case on this issue. I also confirm that no additional access to file is required in order to satisfy Hoechst's rights of defence. Neither the Commission's internal documents nor the documents provided by Chisso provide any additional inculpatory or exculpatory evidence which would be required to be made available to Hoechst. |
| --- | --- |

As a result of these claims made by Hoechst and Nutrinova, I have paid special attention to the conclusions of the Commission on the issue of leniency in the present draft decision. I have also examined internal notes of the Commission services in so far as these exist. In the event, the concerns expressed by Hoechst and Nutrinova are largely rendered moot by the conclusions set out in the draft decision on the issue of leniency. In addition, I am satisfied that the actions of the Commission services vis-à-vis the parties have had no impact on the outcome of the case on this issue. I also confirm that no additional access to file is required in order to satisfy Hoechst's rights of defence. Neither the Commission's internal documents nor the documents provided by Chisso provide any additional inculpatory or exculpatory evidence which would be required to be made available to Hoechst.

| | Following the Oral Hearing the objections addressed to Cheminova and Nutrinova have been dropped. In addition, although it was only Nutrinova which contacted the Commission on the issue of leniency, the Commission has accepted Nutrinova's leniency application as being submitted also on behalf of Hoechst. Moreover, in the draft decision the duration of the infringement for the remaining parties has been somewhat reduced as compared to the Statement of Objections. |
| --- | --- |

Following the Oral Hearing the objections addressed to Cheminova and Nutrinova have been dropped. In addition, although it was only Nutrinova which contacted the Commission on the issue of leniency, the Commission has accepted Nutrinova's leniency application as being submitted also on behalf of Hoechst. Moreover, in the draft decision the duration of the infringement for the remaining parties has been somewhat reduced as compared to the Statement of Objections.

| | In the light of the above, I consider that the rights to be heard have been respected in the present case. The draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views. |
| --- | --- |

In the light of the above, I consider that the rights to be heard have been respected in the present case. The draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views.

Brussels, 23 September 2003.

Karen WILLIAMS

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(1)  Chisso's legal representative subsequently after the Oral Hearing and in response to a request from me to reconsider the confidentiality nature of the letter sent to the Commission on 26 March 1999, confirmed its view that this document contained business secrets and thus as such was confidential.

1

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| 13.7.2005 | EN | Official Journal of the European Union | C 173/7 |
| --- | --- | --- | --- |

13.7.2005

EN

Official Journal of the European Union

C 173/7

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Non-opposition to a notified concentration

(Case COMP/M.3844 — IBM/Global Value)

(2005/C 173/04)

(Text with EEA relevance)

On 28 June 2005, 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 web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32005M3844. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3844. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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| 13.7.2005 | EN | Official Journal of the European Union | C 173/7 |
| --- | --- | --- | --- |

13.7.2005

EN

Official Journal of the European Union

C 173/7

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Non-opposition to a notified concentration

(Case COMP/M.3695 — BT/Radianz)

(2005/C 173/05)

(Text with EEA relevance)

On 22 April 2005, 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 web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32005M3695. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3695. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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| 13.7.2005 | EN | Official Journal of the European Union | C 173/8 |
| --- | --- | --- | --- |

13.7.2005

EN

Official Journal of the European Union

C 173/8

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Non-opposition to a notified concentration

(Case COMP/M.3849 — IPR/Mitsui/Calpine UK)

(2005/C 173/06)

(Text with EEA relevance)

On 7 July 2005, 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 web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32005M3849. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3849. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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| 13.7.2005 | EN | Official Journal of the European Union | C 173/8 |
| --- | --- | --- | --- |

13.7.2005

EN

Official Journal of the European Union

C 173/8

---

Non-opposition to a notified concentration

(Case COMP/M.3763 — Carlsberg/DLG/Sejet JV)

(2005/C 173/07)

(Text with EEA relevance)

On 7 July 2005, 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 web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32005M3763. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3763. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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III Notices

Commission

| 13.7.2005 | EN | Official Journal of the European Union | C 173/9 |
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13.7.2005

EN

Official Journal of the European Union

C 173/9

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NO-Oslo: operation of scheduled air services

2005/S 115-113429

Invitation to tender

Annulment

(2005/C 173/08)

(Official Journal of the European Union C 166 of 7 July 2005, page 45)

Ministry of Transport and Communications, PO Box 8010 Dep, 0030 Oslo, Norway. Tel. (47) 22 24 83 53, fax (47) 22 24 56 09.

The publication of this notice is annulled.

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