# Official Journal C 197/12 A

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 197 |
| | |
| English edition | Information and Notices | Volume 4812 August 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 197

English edition

Information and Notices

Volume 4812 August 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 197/1 | Euro exchange rates | 1 |
| 2005/C 197/2 | Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure (
  1
  ) | 2 |
| 2005/C 197/3 | Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure (
  1
  ) | 4 |
| 2005/C 197/4 | Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure (
  1
  ) | 6 |
| 2005/C 197/5 | Notice to importers — Imports of garlic into the Community | 8 |
| 2005/C 197/6 | Prior notification of a concentration (Case COMP/M. 3915 — Apax/Versatel) — Candidate case for simplified procedure (
  1
  ) | 9 |
| 2005/C 197/7 | Prior notification of a concentration (Case No. COMP/M.3914 — Tele2/Versatel) (
  1
  ) | 10 |
| 2005/C 197/8 | Non-opposition to a notified concentration (Case COMP/M.3845 — PAI/CHR. Hansen) (
  1
  ) | 11 |

Notice No

Contents

page

I   Information

Commission

2005/C 197/1

Euro exchange rates

1

2005/C 197/2

Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure (
  1
  )

1

2

2005/C 197/3

Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure (
  1
  )

1

4

2005/C 197/4

Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure (
  1
  )

1

6

2005/C 197/5

Notice to importers — Imports of garlic into the Community

8

2005/C 197/6

Prior notification of a concentration (Case COMP/M. 3915 — Apax/Versatel) — Candidate case for simplified procedure (
  1
  )

1

9

2005/C 197/7

Prior notification of a concentration (Case No. COMP/M.3914 — Tele2/Versatel) (
  1
  )

1

10

2005/C 197/8

Non-opposition to a notified concentration (Case COMP/M.3845 — PAI/CHR. Hansen) (
  1
  )

1

11

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 12.8.2005 | EN | Official Journal of the European Union | C 197/1 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/1

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Euro exchange rates (1)

11 August 2005

(2005/C 197/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2405 |
| JPY | Japanese yen | 136,94 |
| DKK | Danish krone | 7,4611 |
| GBP | Pound sterling | 0,68825 |
| SEK | Swedish krona | 9,3223 |
| CHF | Swiss franc | 1,5537 |
| ISK | Iceland króna | 79,48 |
| NOK | Norwegian krone | 7,8975 |
| BGN | Bulgarian lev | 1,9556 |
| CYP | Cyprus pound | 0,5735 |
| CZK | Czech koruna | 29,369 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 243,65 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,696 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0355 |
| RON | Romanian leu | 3,4621 |
| SIT | Slovenian tolar | 239,49 |
| SKK | Slovak koruna | 38,46 |
| TRY | Turkish lira | 1,647 |
| AUD | Australian dollar | 1,6103 |
| CAD | Canadian dollar | 1,4976 |
| HKD | Hong Kong dollar | 9,6375 |
| NZD | New Zealand dollar | 1,7687 |
| SGD | Singapore dollar | 2,0463 |
| KRW | South Korean won | 1 259,73 |
| ZAR | South African rand | 7,9383 |
| CNY | Chinese yuan renminbi | 10,0483 |
| HRK | Croatian kuna | 7,3668 |
| IDR | Indonesian rupiah | 12 172,41 |
| MYR | Malaysian ringgit | 4,6539 |
| PHP | Philippine peso | 69,096 |
| RUB | Russian rouble | 35,19 |
| THB | Thai baht | 50,747 |

Currency

Exchange rate

USD

US dollar

1,2405

JPY

Japanese yen

136,94

DKK

Danish krone

7,4611

GBP

Pound sterling

0,68825

SEK

Swedish krona

9,3223

CHF

Swiss franc

1,5537

ISK

Iceland króna

79,48

NOK

Norwegian krone

7,8975

BGN

Bulgarian lev

1,9556

CYP

Cyprus pound

0,5735

CZK

Czech koruna

29,369

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

243,65

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,696

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0355

RON

Romanian leu

3,4621

SIT

Slovenian tolar

239,49

SKK

Slovak koruna

38,46

TRY

Turkish lira

1,647

AUD

Australian dollar

1,6103

CAD

Canadian dollar

1,4976

HKD

Hong Kong dollar

9,6375

NZD

New Zealand dollar

1,7687

SGD

Singapore dollar

2,0463

KRW

South Korean won

1 259,73

ZAR

South African rand

7,9383

CNY

Chinese yuan renminbi

10,0483

HRK

Croatian kuna

7,3668

IDR

Indonesian rupiah

12 172,41

MYR

Malaysian ringgit

4,6539

PHP

Philippine peso

69,096

RUB

Russian rouble

35,19

THB

Thai baht

50,747

---

(1)

Source: reference exchange rate published by the ECB.

---

| 12.8.2005 | EN | Official Journal of the European Union | C 197/2 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/2

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Notification according to Article 95(4) of the EC Treaty

Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure

(2005/C 197/02)

(Text with EEA relevance)

| 1. | On 14 June 2005 the Republic of Austria notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Austria to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1). |
| --- | --- |

1.

On 14 June 2005 the Republic of Austria notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Austria to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

| 2. | Upon accession to the European Union at the beginning of 1995, the Republic of Austria had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 69 and point 4 of Annex VIII of the 1994 Act of Accession of the Republic of Austria provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Austria before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Austria to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001. |
| --- | --- |

2.

Upon accession to the European Union at the beginning of 1995, the Republic of Austria had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 69 and point 4 of Annex VIII of the 1994 Act of Accession of the Republic of Austria provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Austria before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Austria to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

| 3. | On 16 November 2001 the Republic of Austria notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/366/EC of 15 May 2002 (4) on the national provisions notified by the Republic of Austria under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year. |
| --- | --- |

3.

On 16 November 2001 the Republic of Austria notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/366/EC of 15 May 2002 (4) on the national provisions notified by the Republic of Austria under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

| 4. | The national legislation prohibits on the territory of the Republic of Austria the marketing of phosphorous mineral fertilizers containing 5 % P2O5 or more and containing cadmium at concentrations in excess of 75 mg/kg P2O5. |
| --- | --- |

4.

The national legislation prohibits on the territory of the Republic of Austria the marketing of phosphorous mineral fertilizers containing 5 % P2O5 or more and containing cadmium at concentrations in excess of 75 mg/kg P2O5.

| 5. | Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. |
| --- | --- |

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

| 6. | The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. |
| --- | --- |

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

| 7. | The Austrian authority justify its request by referring to:






  — | the conclusion of the risk assessment report named ‘A Risk assessment for cadmium in Austria based on the recommendations of ERM (5)’ in which, on the basis of the available data, the PEC value (Predicted Environmental Concentration) from cadmium in mineral fertilizers in Austria, exceeds the PNEC value (Predicted No Effect Concentration) for water in most investigated regions. This also applies to 5 % of the 52 arable Austrian regions if bioavailable values are used. In the view of the Austrian authorities, this means that, according to the EU risk assessment methodology, the substance is of concern and the obligation exists to take further steps. |
| --- | --- | --- |

7.

The Austrian authority justify its request by referring to:

—

the conclusion of the risk assessment report named ‘A Risk assessment for cadmium in Austria based on the recommendations of ERM (5)’ in which, on the basis of the available data, the PEC value (Predicted Environmental Concentration) from cadmium in mineral fertilizers in Austria, exceeds the PNEC value (Predicted No Effect Concentration) for water in most investigated regions. This also applies to 5 % of the 52 arable Austrian regions if bioavailable values are used. In the view of the Austrian authorities, this means that, according to the EU risk assessment methodology, the substance is of concern and the obligation exists to take further steps.

| — | Regulation (EC) No 466/2001 (6) that states in its 19th recital that ‘cadmium may accumulate in the human body and may induce kidney dysfunction, skeletal damage, and reproductive deficiencies. Moreover, it cannot be excluded that it acts as a human carcinogen. The SCF (7), in its opinion of 2 June 1995, recommended greater efforts to reduce dietary exposure to cadmium since foodstuffs are the main source of human intake of cadmium. Therefore maximum levels should be set as low as reasonably achievable.’ |
| --- | --- |

—

Regulation (EC) No 466/2001 (6) that states in its 19th recital that ‘cadmium may accumulate in the human body and may induce kidney dysfunction, skeletal damage, and reproductive deficiencies. Moreover, it cannot be excluded that it acts as a human carcinogen. The SCF (7), in its opinion of 2 June 1995, recommended greater efforts to reduce dietary exposure to cadmium since foodstuffs are the main source of human intake of cadmium. Therefore maximum levels should be set as low as reasonably achievable.’

| — | Regulation (EC) No 466/2001 which states explicitly in its 3rd recital that also agricultural measures will be required in order to prevent health impacts of certain contaminants such as cadmium. ‘It is essential, in order to protect public health, to keep contaminants at levels which are toxicologically acceptable. The presence of contaminants must be reduced more thoroughly wherever possible by means of good manufacturing and agricultural practices, in order to achieve a higher level of health protection, especially for sensitive groups of the population.’ |
| --- | --- |

—

Regulation (EC) No 466/2001 which states explicitly in its 3rd recital that also agricultural measures will be required in order to prevent health impacts of certain contaminants such as cadmium. ‘It is essential, in order to protect public health, to keep contaminants at levels which are toxicologically acceptable. The presence of contaminants must be reduced more thoroughly wherever possible by means of good manufacturing and agricultural practices, in order to achieve a higher level of health protection, especially for sensitive groups of the population.’

| — | Directive 2002/32/EC (8) on undesirable substances in animal feed which lays down a maximum level for cadmium in feedingstuffs. |
| --- | --- |

—

Directive 2002/32/EC (8) on undesirable substances in animal feed which lays down a maximum level for cadmium in feedingstuffs.

| 8. | The Republic of Austria therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force. According to Austria, this national Regulation is justified by important grounds within the meaning of Article 30 of the Treaty establishing the European Community and in relation to environmental protection. |
| --- | --- |

8.

The Republic of Austria therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force. According to Austria, this national Regulation is justified by important grounds within the meaning of Article 30 of the Treaty establishing the European Community and in relation to environmental protection.

| 9. | Possible observations on the notification thus made by the Republic of Austria submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration. |
| --- | --- |

9.

Possible observations on the notification thus made by the Republic of Austria submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

| 10. | Further information regarding the request from the Republic of Austria can be obtained from:





  Mr Reinhard Blauensteiner |
| --- | --- |
| Bundesministerium für Land und Forstwirtschaft, Umwelt und Wasserwirtschaft |
| Sektion I Recht |
| Stubenring 1 |
| A-1012 Wien |
| Tel. (43-1) 71 10 00 |
| Fax (43-1) 711 00 65 03 |
| e-mail: Reinhard.Blauensteiner@lebensministerium.at |

10.

Further information regarding the request from the Republic of Austria can be obtained from:

Mr Reinhard Blauensteiner

Bundesministerium für Land und Forstwirtschaft, Umwelt und Wasserwirtschaft

Sektion I Recht

Stubenring 1

A-1012 Wien

Tel. (43-1) 71 10 00

Fax (43-1) 711 00 65 03

e-mail: Reinhard.Blauensteiner@lebensministerium.at

Contact point in the European Commission:

| European Commission |
| --- |
| Directorate-General Enterprise and Industry |
| Mr Philippe Brunerie |
| Unit G2 Chemicals |
| Avenue des Nerviens 105 |
| B-1040 Brussels |
| Tel. (32-2) 295 21 99 |
| Fax (32-2) 295 02 81 |
| e-mail: Entr-Chemicals@cec.eu.int |

European Commission

Directorate-General Enterprise and Industry

Mr Philippe Brunerie

Unit G2 Chemicals

Avenue des Nerviens 105

B-1040 Brussels

Tel. (32-2) 295 21 99

Fax (32-2) 295 02 81

e-mail: Entr-Chemicals@cec.eu.int

---

(1)  OJ L 304, 21.11.2003, p. 1.

(2)  This directive is repealed and its content is integrated into Regulation (EC) No 2003/2003. Article 7 of this Directive corresponds to Article 5 of Regulation (EC) No 2003/2003.

(3)  OJ L 18, 23.1.1999, p. 60.

(4)  OJ L 132, 17.5.2002, p. 65.

(5)  ERM is a consultant which had worked on behalf of the Commission.

(6)  OJ L 77, 16.3.2001, p. 1.

(7)  Scientific Committee for Food.

(8)  OJ L 140, 30.5.2002, p. 10.

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| 12.8.2005 | EN | Official Journal of the European Union | C 197/4 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/4

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Notification according to Article 95(4) of the EC Treaty

Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure

(2005/C 197/03)

(Text with EEA relevance)

| 1. | On 7 June 2005 the Republic of Finland notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Finland to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1). |
| --- | --- |

1.

On 7 June 2005 the Republic of Finland notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Finland to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

| 2. | Upon accession to the European Union at the beginning of 1995, the Republic of Finland had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 84 and point 2 of Annex X of the Act of Accession of the Republic of Finland provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Finland before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Finland to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001. |
| --- | --- |

2.

Upon accession to the European Union at the beginning of 1995, the Republic of Finland had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 84 and point 2 of Annex X of the Act of Accession of the Republic of Finland provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Finland before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Finland to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

| 3. | On 7 December 2001 the Republic of Finland notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/398/EC of 24 May 2002 (4) on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year. |
| --- | --- |

3.

On 7 December 2001 the Republic of Finland notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/398/EC of 24 May 2002 (4) on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

| 4. | The national legislation of the Republic of Finland provides that agricultural and horticultural fertilizers may contain no more than 50 mg of cadmium for each kilogram of phosphorus. The value is mentioned in Section 3 of the Decision of the Ministry of Agriculture and Forestry (45/1994) of 21 January 1994. |
| --- | --- |

4.

The national legislation of the Republic of Finland provides that agricultural and horticultural fertilizers may contain no more than 50 mg of cadmium for each kilogram of phosphorus. The value is mentioned in Section 3 of the Decision of the Ministry of Agriculture and Forestry (45/1994) of 21 January 1994.

| 5. | Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. |
| --- | --- |

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

| 6. | The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. |
| --- | --- |

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

| 7. | The Finnish authority justify its request by referring to a risk assessment carried out in accordance with a methodology approved by the Commission (‘Cadmium in fertilizers — risks to human health and the environment, Ministry of Agriculture and Forestry in Finland, Publications 4/2000’) which was submitted to the Commission in connection with the processing of Commission Decision 2002/398/EC.
  The risk assessment showed that, regarding the environment, the Finnish soil and waters are highly sensitive to negative impacts caused by cadmium. Already the present cadmium content of arable land causes damage to living organisms in the soil and, due to cadmium leached from arable lands, to living organisms in waters. The risk assessment also took account of the special features of the Finnish environment, such as high acidity of arable land and waters, large quantities of organic matter and soft waters. These all have impacts on the binding and movement of cadmium and toxicity of organisms. In view of the human health, at present a relatively small share of the elderly population in Finland belongs to a risk group with respect to cadmium, i.e. excessive absorption of cadmium may have negative health impacts on them. Increase in the cadmium content in fertilizers would lead to a considerable increase in the number of people belonging to this risk group. |
| --- | --- |

7.

The Finnish authority justify its request by referring to a risk assessment carried out in accordance with a methodology approved by the Commission (‘Cadmium in fertilizers — risks to human health and the environment, Ministry of Agriculture and Forestry in Finland, Publications 4/2000’) which was submitted to the Commission in connection with the processing of Commission Decision 2002/398/EC.

The risk assessment showed that, regarding the environment, the Finnish soil and waters are highly sensitive to negative impacts caused by cadmium. Already the present cadmium content of arable land causes damage to living organisms in the soil and, due to cadmium leached from arable lands, to living organisms in waters. The risk assessment also took account of the special features of the Finnish environment, such as high acidity of arable land and waters, large quantities of organic matter and soft waters. These all have impacts on the binding and movement of cadmium and toxicity of organisms. In view of the human health, at present a relatively small share of the elderly population in Finland belongs to a risk group with respect to cadmium, i.e. excessive absorption of cadmium may have negative health impacts on them. Increase in the cadmium content in fertilizers would lead to a considerable increase in the number of people belonging to this risk group.

| 8. | The Republic of Finland therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force |
| --- | --- |

8.

The Republic of Finland therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force

| 9. | Possible observations on the notification thus made by the Republic of Finland submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration. |
| --- | --- |

9.

Possible observations on the notification thus made by the Republic of Finland submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

| 10. | Further information regarding the request from the Republic of Finland can be obtained from:





  Mrs Riitta Heinonen |
| --- | --- |
| Ministry of Agriculture and Forestry |
| Hallituskatu 3A |
| Helsinki |
| P.O. Box 30 |
| Fin-0023 Government |
| Tel. (358-9) 160 01 |
| Fax. (358-9) 16 05 24 43 |
| E-mail: riitta.heinonen@mmm.fi |

10.

Further information regarding the request from the Republic of Finland can be obtained from:

Mrs Riitta Heinonen

Ministry of Agriculture and Forestry

Hallituskatu 3A

Helsinki

P.O. Box 30

Fin-0023 Government

Tel. (358-9) 160 01

Fax. (358-9) 16 05 24 43

E-mail: riitta.heinonen@mmm.fi

Contact point in the European Commission:

| European Commission |
| --- |
| Directorate-General Enterprise and Industry |
| Mr Philippe Brunerie |
| Unit G2 Chemicals |
| Avenue des Nerviens 105 |
| B-1040 Brussels |
| Tel. (32-2) 295 21 99 |
| Fax (32-2) 295 02 81 |
| e-mail: Entr-Chemicals@cec.eu.int |

European Commission

Directorate-General Enterprise and Industry

Mr Philippe Brunerie

Unit G2 Chemicals

Avenue des Nerviens 105

B-1040 Brussels

Tel. (32-2) 295 21 99

Fax (32-2) 295 02 81

e-mail: Entr-Chemicals@cec.eu.int

---

(1)  OJ L 304, 21.11.2003, p. 1.

(2)  This directive is repealed and its content is integrated into Regulation (EC) No 2003/2003. Article 7 of this Directive corresponds to Article 5 of Regulation (EC) No 2003/2003

(3)  OJ L 18, 23.1.1999, p. 60.

(4)  OJ L 138, 28.5.2002, p. 15.

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| 12.8.2005 | EN | Official Journal of the European Union | C 197/6 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/6

---

Notification according to Article 95(4) of the EC Treaty

Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure

(2005/C 197/04)

(Text with EEA relevance)

| 1. | On 29 June 2005 the Kingdom of Sweden notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Kingdom of Sweden to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1). |
| --- | --- |

1.

On 29 June 2005 the Kingdom of Sweden notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Kingdom of Sweden to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

| 2. | Upon accession to the European Union at the beginning of 1995, the Kingdom of Sweden had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 112 and point 4 of Annex XII of the Act of Accession of the Kingdom of Sweden provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Kingdom of Sweden before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Kingdom of Sweden to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001. |
| --- | --- |

2.

Upon accession to the European Union at the beginning of 1995, the Kingdom of Sweden had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 112 and point 4 of Annex XII of the Act of Accession of the Kingdom of Sweden provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Kingdom of Sweden before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Kingdom of Sweden to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

| 3. | On 7 December 2001 the Kingdom of Sweden notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/399/EC of 24 May 2002 (4) on the national provisions notified by the Kingdom of Sweden under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year. |
| --- | --- |

3.

On 7 December 2001 the Kingdom of Sweden notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/399/EC of 24 May 2002 (4) on the national provisions notified by the Kingdom of Sweden under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

| 4. | The national legislation prohibits on the territory of the Kingdom of Sweden the marketing and the transfer of fertilizers covered by customs tariffs numbers 25.10, 28.09, 28.35, 31.03 and 31.05 containing cadmium at concentrations in excess of 100 grams per tonne of phosphorus. |
| --- | --- |

4.

The national legislation prohibits on the territory of the Kingdom of Sweden the marketing and the transfer of fertilizers covered by customs tariffs numbers 25.10, 28.09, 28.35, 31.03 and 31.05 containing cadmium at concentrations in excess of 100 grams per tonne of phosphorus.

| 5. | Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. |
| --- | --- |

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

| 6. | The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. |
| --- | --- |

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

| 7. | The Swedish authority justify its request by referring to a risk assessment carried out by Sweden and other Member States. The assessments follows an agreed methodology for risk assessments based on the guidelines concerning risk assessments on community level according to the Council Regulation (EC) No 793/93/EEC (5) of 23 March 1993 on the evaluation and control of the risks of existing substance. The Swedish risk assessment is published on the internet homepage www.forum.europa.eu.int/enterprise.
  The Swedish risk assessment shows that if fertilizers with a higher cadmium content than today would be allowed, this would lead to a substantial increase of the cadmium concentrations in soils. These high concentrations of cadmium in soils would lead to toxic effects on soil organisms. Unacceptable concentrations could also appear in watercourses in agricultural regions.
  Furthermore, the risk assessment shows that if fertilizers with higher cadmium content than today would be allowed this would lead to a substantial increase in the dietary intake of cadmium. The safety margin between today's exposure and the WHO (6) Provisional Tolerable Weekly Intake level is extremely small. For some high-risk groups, such as women with low body iron stores, there are no safety margins at all. A high dietary intake of cadmium could therefore lead to a larger number of people who could be affected by reduced kidney functions and increased osteoporosis. |
| --- | --- |

7.

The Swedish authority justify its request by referring to a risk assessment carried out by Sweden and other Member States. The assessments follows an agreed methodology for risk assessments based on the guidelines concerning risk assessments on community level according to the Council Regulation (EC) No 793/93/EEC (5) of 23 March 1993 on the evaluation and control of the risks of existing substance. The Swedish risk assessment is published on the internet homepage www.forum.europa.eu.int/enterprise.

The Swedish risk assessment shows that if fertilizers with a higher cadmium content than today would be allowed, this would lead to a substantial increase of the cadmium concentrations in soils. These high concentrations of cadmium in soils would lead to toxic effects on soil organisms. Unacceptable concentrations could also appear in watercourses in agricultural regions.

Furthermore, the risk assessment shows that if fertilizers with higher cadmium content than today would be allowed this would lead to a substantial increase in the dietary intake of cadmium. The safety margin between today's exposure and the WHO (6) Provisional Tolerable Weekly Intake level is extremely small. For some high-risk groups, such as women with low body iron stores, there are no safety margins at all. A high dietary intake of cadmium could therefore lead to a larger number of people who could be affected by reduced kidney functions and increased osteoporosis.

| 8. | The Kingdom of Sweden therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force. |
| --- | --- |

8.

The Kingdom of Sweden therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force.

| 9. | Possible observations on the notification thus made by the Kingdom of Sweden submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration. |
| --- | --- |

9.

Possible observations on the notification thus made by the Kingdom of Sweden submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

| 10. | Further information regarding the request from the Kingdom of Sweden can be obtained from:





  Mrs Ingrid Svedinger |
| --- | --- |
| Jordbruksdepartementet |
| Ministry of Agriculure, Food and Consumer Affairs |
| Livsmedels- och djurenheten |
| Food and Animal Division |
| S-103 33 Stockholm |
| Tel. (46-8) 405 10 00 |
| Fax (46-8) 20 64 96 |
| E-mail: ingrid.svedinger@agriculture.ministry.se |

10.

Further information regarding the request from the Kingdom of Sweden can be obtained from:

Mrs Ingrid Svedinger

Jordbruksdepartementet

Ministry of Agriculure, Food and Consumer Affairs

Livsmedels- och djurenheten

Food and Animal Division

S-103 33 Stockholm

Tel. (46-8) 405 10 00

Fax (46-8) 20 64 96

E-mail: ingrid.svedinger@agriculture.ministry.se

Contact point in the European Commission:

| European Commission |
| --- |
| Directorate-General Enterprise and Industry |
| Mr Philippe Brunerie |
| Unit G2 Chemicals |
| Avenue des Nerviens 105 |
| B-1040 Brussels |
| Tel. (32-2) 295 21 99 |
| Fax (32-2) 295 02 81 |
| e-mail: Entr-Chemicals@cec.eu.int |

European Commission

Directorate-General Enterprise and Industry

Mr Philippe Brunerie

Unit G2 Chemicals

Avenue des Nerviens 105

B-1040 Brussels

Tel. (32-2) 295 21 99

Fax (32-2) 295 02 81

e-mail: Entr-Chemicals@cec.eu.int

---

(1)  OJ L 304, 21.11.2003, p. 1.

(2)  This directive is repealed and its content is integrated into Regulation (EC) No 2003/2003. Article 7 of this Directive corresponds to Article 5 of Regulation (EC) No 2003/2003.

(3)  OJ L 18, 23.1.1999, p. 60.

(4)  OJ L 138, 28.5.2002, p. 24.

(5)  OJ L 84, 5.4.1993, p. 1.

(6)  World Health Organization

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| 12.8.2005 | EN | Official Journal of the European Union | C 197/8 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/8

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NOTICE TO IMPORTERS

Imports of garlic into the Community

(2005/C 197/05)

The European Commission informs Community operators that there is reasonable doubt as to the origin of garlic of tariff heading CN 0703 20 00, which is released for free circulation into the Community in order to benefit:

| — | either from the GATT tariff quota open by Council Decision 2001/404/EC (1), |
| --- | --- |

—

either from the GATT tariff quota open by Council Decision 2001/404/EC (1),

| — | or from preferential tariff measures, contained in agreements which the Community has concluded with or arrangements it has adopted unilaterally in respect of certain countries or group of countries. |
| --- | --- |

—

or from preferential tariff measures, contained in agreements which the Community has concluded with or arrangements it has adopted unilaterally in respect of certain countries or group of countries.

From various investigations, it results that important quantities of garlic of Chinese origin are declared with another origin and then benefit from the tariff measures mentioned above, beyond the annual quota of 13 200 tonnes allocated to China.

Community operators declaring and/or presenting documentary evidence of origin for garlic of tariff heading CN 0703 20 00 are therefore advised to take all the necessary precautions, since the release of the goods in question for free circulation may give rise to a customs debt and lead to fraud against the Community's financial interests.

---

(1)  Decision 2001/404/EC of 28 May 2001 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and Argentina pursuant to Article XXVIII of the General Agreement on tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to GATT (OJ L 142, 29.5.2001, p. 7) and Commission Regulation (EC) No 565/2002 of 2 April 2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries (OJ L 86, 3.4.2002, p. 11).

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| 12.8.2005 | EN | Official Journal of the European Union | C 197/9 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/9

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Prior notification of a concentration

(Case COMP/M. 3915 — Apax/Versatel)

Candidate case for simplified procedure

(2005/C 197/06)

(Text with EEA relevance)

| 1. | On 5 August 2005, 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 Apax Europe VI (Apax, Guernsey), belonging to the Hirzell Trust, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole Versatel Deutschland Holding GmbH (Versatel, Germany), by way of purchase of shares. |
| --- | --- |

1.

On 5 August 2005, 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 Apax Europe VI (Apax, Guernsey), belonging to the Hirzell Trust, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole Versatel Deutschland Holding GmbH (Versatel, Germany), by way of purchase of shares.

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






  — | for Apax: Private equity investment; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Apax: Private equity investment;

| — | for Versatel: network operator in Germany providing the following services: fixed line telephony, Internet access, leased lines and carrier-to-carrier services. |
| --- | --- |

—

for Versatel: network operator in Germany providing the following services: fixed line telephony, Internet access, leased lines and carrier-to-carrier services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 3915 — Apax/Versatel, 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. 3915 — Apax/Versatel, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

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

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| 12.8.2005 | EN | Official Journal of the European Union | C 197/10 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/10

---

Prior notification of a concentration

(Case No. COMP/M.3914 — Tele2/Versatel)

(2005/C 197/07)

(Text with EEA relevance)

| 1. | On 5 August 2005, 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 Tele2 Netherlands B.V., controlled by Tele2 A.B. (‘Tele2’, Sweden), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the Dutch and Belgian parts of Versatel Telecom International N.V. (‘Versatel’, the Netherlands) by way of public bid announced on 18 July 2005. |
| --- | --- |

1.

On 5 August 2005, 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 Tele2 Netherlands B.V., controlled by Tele2 A.B. (‘Tele2’, Sweden), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the Dutch and Belgian parts of Versatel Telecom International N.V. (‘Versatel’, the Netherlands) by way of public bid announced on 18 July 2005.

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






  — | for undertaking Tele2: telecom operator active in fixed and mobile telephony, internet services, data network services, cable tv and content services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Tele2: telecom operator active in fixed and mobile telephony, internet services, data network services, cable tv and content services;

| — | for undertaking Versatel: telecom operator active in fixed telephony, data services and internet services. |
| --- | --- |

—

for undertaking Versatel: telecom operator active in fixed telephony, data services and internet 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3914 — Tele2/Versatel, 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.3914 — Tele2/Versatel, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

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| 12.8.2005 | EN | Official Journal of the European Union | C 197/11 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/11

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Non-opposition to a notified concentration

(Case COMP/M.3845 — PAI/CHR. Hansen)

(2005/C 197/08)

(Text with EEA relevance)

On 18 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 32005M3845. 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 32005M3845. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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