# Official Journal C 155/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 155 |
| | |
| English edition | Information and Notices | Volume 494 July 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 155

English edition

Information and Notices

Volume 494 July 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 155/1 | Interest rate applied by the European Central Bank to its main refinancing operations: 2,83 % on 1 July 2006 — Euro exchange rates | 1 |
| 2006/C 155/2 | Verification of environmental radioactivity monitoring facilities under the terms of Article 35 of the Euratom Treaty — Practical arrangements for the conduct of verification visits in Member States | 2 |
| 2006/C 155/3 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 6 |
| 2006/C 155/4 | Prior notification of a concentration (Case COMP/M.4279 — GDF/Camfin/Energie Investimenti JV) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2006/C 155/5 | Prior notification of a concentration (Case COMP/M.4225 — Celsa/Fundia) (
  1
  ) | 9 |
| 2006/C 155/6 | Prior notification of a concentration (Case COMP/M.4296 Goldman Sachs/Borealis/Associated British Ports) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2006/C 155/7 | Non-opposition to a notified concentration (Case COMP/M.4230 — KPN/Heineken/ON) (
  1
  ) | 11 |
| 2006/C 155/8 | Non-opposition to a notified concentration (Case COMP/M.4250 — Industri Kapital/Minimax) (
  1
  ) | 11 |
| 2006/C 155/9 | Non-opposition to a notified concentration (Case COMP/M.4227 — Umicore/Solvay/Solvicore/JV) (
  1
  ) | 12 |

Notice No

Contents

page

I   Information

Commission

2006/C 155/1

Interest rate applied by the European Central Bank to its main refinancing operations: 2,83 % on 1 July 2006 — Euro exchange rates

1

2006/C 155/2

Verification of environmental radioactivity monitoring facilities under the terms of Article 35 of the Euratom Treaty — Practical arrangements for the conduct of verification visits in Member States

2

2006/C 155/3

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

6

2006/C 155/4

Prior notification of a concentration (Case COMP/M.4279 — GDF/Camfin/Energie Investimenti JV) — Candidate case for simplified procedure (
  1
  )

1

8

2006/C 155/5

Prior notification of a concentration (Case COMP/M.4225 — Celsa/Fundia) (
  1
  )

1

9

2006/C 155/6

Prior notification of a concentration (Case COMP/M.4296 Goldman Sachs/Borealis/Associated British Ports) — Candidate case for simplified procedure (
  1
  )

1

10

2006/C 155/7

Non-opposition to a notified concentration (Case COMP/M.4230 — KPN/Heineken/ON) (
  1
  )

1

11

2006/C 155/8

Non-opposition to a notified concentration (Case COMP/M.4250 — Industri Kapital/Minimax) (
  1
  )

1

11

2006/C 155/9

Non-opposition to a notified concentration (Case COMP/M.4227 — Umicore/Solvay/Solvicore/JV) (
  1
  )

1

12

| | Corrigenda |
| --- | --- |
| 2006/C 155/0 | Corrigendum to Common Position (EC) No 3/2006 adopted by the Council on 8 December 2005 with a view to adopting Regulation (EC) No .../2006 of the European Parliament and of the Council of ... on nutrition and health claims made on foods (OJ C 80, 4.4.2006) | 13 |

Corrigenda

2006/C 155/0

Corrigendum to Common Position (EC) No 3/2006 adopted by the Council on 8 December 2005 with a view to adopting Regulation (EC) No .../2006 of the European Parliament and of the Council of ... on nutrition and health claims made on foods (OJ C 80, 4.4.2006)

(OJ C 80, 4.4.2006)

13

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 4.7.2006 | EN | Official Journal of the European Union | C 155/1 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/1

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Interest rate applied by the European Central Bank to its main refinancing operations (1):

2,83 % on 1 July 2006

Euro exchange rates (2)

3 July 2006

(2006/C 155/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2790 |
| JPY | Japanese yen | 146,66 |
| DKK | Danish krone | 7,4597 |
| GBP | Pound sterling | 0,69330 |
| SEK | Swedish krona | 9,2165 |
| CHF | Swiss franc | 1,5674 |
| ISK | Iceland króna | 96,56 |
| NOK | Norwegian krone | 7,9800 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5750 |
| CZK | Czech koruna | 28,460 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 282,53 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0405 |
| RON | Romanian leu | 3,5599 |
| SIT | Slovenian tolar | 239,64 |
| SKK | Slovak koruna | 38,420 |
| TRY | Turkish lira | 2,0165 |
| AUD | Australian dollar | 1,7214 |
| CAD | Canadian dollar | 1,4212 |
| HKD | Hong Kong dollar | 9,9345 |
| NZD | New Zealand dollar | 2,1067 |
| SGD | Singapore dollar | 2,0265 |
| KRW | South Korean won | 1 208,46 |
| ZAR | South African rand | 9,0837 |
| CNY | Chinese yuan renminbi | 10,2223 |
| HRK | Croatian kuna | 7,2371 |
| IDR | Indonesian rupiah | 11 702,85 |
| MYR | Malaysian ringgit | 4,684 |
| PHP | Philippine peso | 67,774 |
| RUB | Russian rouble | 34,3830 |
| THB | Thai baht | 48,685 |

Currency

Exchange rate

USD

US dollar

1,2790

JPY

Japanese yen

146,66

DKK

Danish krone

7,4597

GBP

Pound sterling

0,69330

SEK

Swedish krona

9,2165

CHF

Swiss franc

1,5674

ISK

Iceland króna

96,56

NOK

Norwegian krone

7,9800

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5750

CZK

Czech koruna

28,460

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

282,53

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0405

RON

Romanian leu

3,5599

SIT

Slovenian tolar

239,64

SKK

Slovak koruna

38,420

TRY

Turkish lira

2,0165

AUD

Australian dollar

1,7214

CAD

Canadian dollar

1,4212

HKD

Hong Kong dollar

9,9345

NZD

New Zealand dollar

2,1067

SGD

Singapore dollar

2,0265

KRW

South Korean won

1 208,46

ZAR

South African rand

9,0837

CNY

Chinese yuan renminbi

10,2223

HRK

Croatian kuna

7,2371

IDR

Indonesian rupiah

11 702,85

MYR

Malaysian ringgit

4,684

PHP

Philippine peso

67,774

RUB

Russian rouble

34,3830

THB

Thai baht

48,685

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)

Source: reference exchange rate published by the ECB.

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| 4.7.2006 | EN | Official Journal of the European Union | C 155/2 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/2

---

Verification of environmental radioactivity monitoring facilities under the terms of Article 35 of the Euratom Treaty

Practical arrangements for the conduct of verification visits in Member States

(2006/C 155/02)

1.   BACKGROUND

| (1) | Chapter 3, Health and Safety, of Title II of the Euratom Treaty is concerned on the one hand with the establishment of Basic Safety Standards for the protection of the health of workers and members of the public (Articles 30 — 33) and on the other hand specifically with the surveillance of levels of radioactivity in the environment (air, water, soil) as laid down in Articles 35 — 38. |
| --- | --- |

(1)

Chapter 3, Health and Safety, of Title II of the Euratom Treaty is concerned on the one hand with the establishment of Basic Safety Standards for the protection of the health of workers and members of the public (Articles 30 — 33) and on the other hand specifically with the surveillance of levels of radioactivity in the environment (air, water, soil) as laid down in Articles 35 — 38.

| (2) | Article 35 stipulates that: ‘Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards. The Commission shall have the right of access to such facilities; it may verify their operation and efficiency.’ |
| --- | --- |

(2)

Article 35 stipulates that: ‘Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards. The Commission shall have the right of access to such facilities; it may verify their operation and efficiency.’

| (3) | Article 36 stipulates that: ‘The appropriate authorities shall periodically communicate information on the checks referred to in Article 35 to the Commission so that it is kept informed of the level of radioactivity to which the public is exposed.’ |
| --- | --- |

(3)

Article 36 stipulates that: ‘The appropriate authorities shall periodically communicate information on the checks referred to in Article 35 to the Commission so that it is kept informed of the level of radioactivity to which the public is exposed.’

| (4) | Furthermore, Commission Recommendation 2000/473/Euratom of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole explains: ‘To ensure compliance with the Basic Safety Standards it is important that, in addition to air, water and soil, levels of radioactivity be determined in biological samples and in particular in foodstuffs, and ...’ and ‘the monitoring of levels of radioactivity in soil does not allow a direct assessment of the exposure of the population. The exposure related to soil contamination is more directly assessed on the basis of ... foodstuff contamination ...’. Thus, Commission verifications under Article 35 also cover the monitoring of various biota (food, feed, vegetation). |
| --- | --- |

(4)

Furthermore, Commission Recommendation 2000/473/Euratom of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole explains: ‘To ensure compliance with the Basic Safety Standards it is important that, in addition to air, water and soil, levels of radioactivity be determined in biological samples and in particular in foodstuffs, and ...’ and ‘the monitoring of levels of radioactivity in soil does not allow a direct assessment of the exposure of the population. The exposure related to soil contamination is more directly assessed on the basis of ... foodstuff contamination ...’. Thus, Commission verifications under Article 35 also cover the monitoring of various biota (food, feed, vegetation).

| (5) | Verifications under Article 35 were undertaken in the past, prior to 1 May 2004, in all Member States of the European Union. The practical arrangements for carrying out verifications were agreed on the basis of bilateral meetings held with the authorities concerned in the Member States in order to clarify the scope, intention and conduct of such verifications. Conclusions were subsequently laid down in bilateral protocols forwarded through the Permanent Representatives to the national authorities and approved by the Member States. |
| --- | --- |

(5)

Verifications under Article 35 were undertaken in the past, prior to 1 May 2004, in all Member States of the European Union. The practical arrangements for carrying out verifications were agreed on the basis of bilateral meetings held with the authorities concerned in the Member States in order to clarify the scope, intention and conduct of such verifications. Conclusions were subsequently laid down in bilateral protocols forwarded through the Permanent Representatives to the national authorities and approved by the Member States.

| (6) | Following enlargement of the Community to 25 Member States, the need was felt to establish a common basis for Article 35 verifications in all Member States by means of a Commission Communication, which may be supplemented, if necessary, by bilateral protocols between individual Member States and the Commission services. |
| --- | --- |

(6)

Following enlargement of the Community to 25 Member States, the need was felt to establish a common basis for Article 35 verifications in all Member States by means of a Commission Communication, which may be supplemented, if necessary, by bilateral protocols between individual Member States and the Commission services.

2.   APPLICABILITY OF ARTICLE 35

| (7) | Commission verifications cover facilities for environmental monitoring in the Member States, where they form part of a national network (‘nation-wide environmental monitoring’). Such networks may be automatic and/or laboratory-based and include both routine measurement of radioactivity in air, water, soil and different biota and the facilities intended to provide an alarm or data in the event of accidents. The latter are included insofar as information from such facilities may give rise to an increased sampling and measuring regime. |
| --- | --- |

(7)

Commission verifications cover facilities for environmental monitoring in the Member States, where they form part of a national network (‘nation-wide environmental monitoring’). Such networks may be automatic and/or laboratory-based and include both routine measurement of radioactivity in air, water, soil and different biota and the facilities intended to provide an alarm or data in the event of accidents. The latter are included insofar as information from such facilities may give rise to an increased sampling and measuring regime.

| (8) | Furthermore, Commission verifications also cover all facilities for monitoring site-related environmental radioactivity as well as liquid or aerial discharges which are operated in installations or linked to activities with a potential for discharging radioactive substances into the environment such as:






  — | Nuclear fuel cycle installations (e.g. mining, fuel fabrication, power stations, research reactors, reprocessing plants, radioactive waste disposal sites and repositories), |
| --- | --- | --- |

(8)

Furthermore, Commission verifications also cover all facilities for monitoring site-related environmental radioactivity as well as liquid or aerial discharges which are operated in installations or linked to activities with a potential for discharging radioactive substances into the environment such as:

—

Nuclear fuel cycle installations (e.g. mining, fuel fabrication, power stations, research reactors, reprocessing plants, radioactive waste disposal sites and repositories),

| — | Radioactive isotope production plants, |
| --- | --- |

—

Radioactive isotope production plants,

| — | Hospitals using radioactive isotopes, |
| --- | --- |

—

Hospitals using radioactive isotopes,

| — | Current and past mining activities (not necessarily limited to uranium mining) and industrial plants discharging effluents containing materials with enhanced levels of natural radionuclides (NORM), insofar as national regulations under Title VII of the Basic Safety Standards (Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation) apply. |
| --- | --- |

—

Current and past mining activities (not necessarily limited to uranium mining) and industrial plants discharging effluents containing materials with enhanced levels of natural radionuclides (NORM), insofar as national regulations under Title VII of the Basic Safety Standards (Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation) apply.

The Commission holds the view that the environment starts where the discharges pass out of operational control and that Article 35 verifications therefore include the facilities for monitoring the aerial and liquid discharges of installations. Such facilities may be located within or outside the installation's premises.

| (9) | As far as verifications as referred to in (8) are concerned, no distinction is made between monitoring facilities provided by national authorities and those provided by the plant operator in compliance with statutory requirements — both are included within the scope of the verification exercise.
  Generally, the verification covers all facilities for monitoring






  — | aerial and liquid discharges of radionuclides into the environment (‘discharge monitoring’), and |
| --- | --- | --- |

(9)

As far as verifications as referred to in (8) are concerned, no distinction is made between monitoring facilities provided by national authorities and those provided by the plant operator in compliance with statutory requirements — both are included within the scope of the verification exercise.

Generally, the verification covers all facilities for monitoring

—

aerial and liquid discharges of radionuclides into the environment (‘discharge monitoring’), and

| — | environmental radioactivity around and in installations (‘site-specific environmental monitoring’). |
| --- | --- |

—

environmental radioactivity around and in installations (‘site-specific environmental monitoring’).

3.   SCOPE OF COMMISSION VERIFICATIONS

| (10) | The primary objective of the Commission's verifications is to satisfy itself of (i) the operation and efficiency of the facilities established for the measurement of environmental radioactivity and of radioactive discharges and (ii) the adequacy of the environmental monitoring programme. Efficiency and adequacy are assessed in relation to the overall approach developed at national level to ensure the protection of members of the public in compliance with the Basic Safety Standards. This approach is taken into account but is not itself subject to verification. |
| --- | --- |

(10)

The primary objective of the Commission's verifications is to satisfy itself of (i) the operation and efficiency of the facilities established for the measurement of environmental radioactivity and of radioactive discharges and (ii) the adequacy of the environmental monitoring programme. Efficiency and adequacy are assessed in relation to the overall approach developed at national level to ensure the protection of members of the public in compliance with the Basic Safety Standards. This approach is taken into account but is not itself subject to verification.

| (11) | However, the scope of the conclusions to be drawn from the verifications does not include any assessment of the source or the magnitude of the environmental impact of discharges or the levels of radioactivity in the environment. |
| --- | --- |

(11)

However, the scope of the conclusions to be drawn from the verifications does not include any assessment of the source or the magnitude of the environmental impact of discharges or the levels of radioactivity in the environment.

| (12) | The Commission's role does not affect the primary responsibility for ensuring compliance with the Basic Safety Standards, which remains with the individual Member State as stated in Article 33 of the Euratom Treaty. While building confidence in the trustworthiness of environmental monitoring information, verifications may however foster the harmonisation of methods for the measurement of environmental radioactivity and of radioactive discharges. |
| --- | --- |

(12)

The Commission's role does not affect the primary responsibility for ensuring compliance with the Basic Safety Standards, which remains with the individual Member State as stated in Article 33 of the Euratom Treaty. While building confidence in the trustworthiness of environmental monitoring information, verifications may however foster the harmonisation of methods for the measurement of environmental radioactivity and of radioactive discharges.

| (13) | Commission verifications should enable a judgement to be made as to the:






  (a) | Operation of the environmental and discharge monitoring facilities, i.e. their set-up and use in accordance with the design characteristics of the equipment or measuring devices used, |
| --- | --- | --- |

(13)

Commission verifications should enable a judgement to be made as to the:

(a)

Operation of the environmental and discharge monitoring facilities, i.e. their set-up and use in accordance with the design characteristics of the equipment or measuring devices used,

| (b) | Suitability of sampling and sample preparation methods, |
| --- | --- |

(b)

Suitability of sampling and sample preparation methods,

| (c) | Suitability of analytical methods, |
| --- | --- |

(c)

Suitability of analytical methods,

| (d) | Compliance with any national regulatory requirements in terms of sampling and analysis (with regard to methods and procedures), |
| --- | --- |

(d)

Compliance with any national regulatory requirements in terms of sampling and analysis (with regard to methods and procedures),

| (e) | Efficiency, defined as the effectiveness of the equipment in the monitoring undertaken (sensitivity, detection parameters, etc.), |
| --- | --- |

(e)

Efficiency, defined as the effectiveness of the equipment in the monitoring undertaken (sensitivity, detection parameters, etc.),

| (f) | Management of records of radioactivity discharges and of environmental monitoring results, |
| --- | --- |

(f)

Management of records of radioactivity discharges and of environmental monitoring results,

| (g) | Management of sample archives where applicable, |
| --- | --- |

(g)

Management of sample archives where applicable,

| (h) | Data handling and reporting procedures, and |
| --- | --- |

(h)

Data handling and reporting procedures, and

| (i) | Quality control measures, including participation in intercomparison exercises. National accreditations will not be questioned. |
| --- | --- |

(i)

Quality control measures, including participation in intercomparison exercises. National accreditations will not be questioned.

| (14) | Part of the verifications consists in checking the consistency of the actual set-up of monitoring facilities with the information reported under Articles 36 or 37 of the Euratom Treaty. In particular, general data supplied under Article 37 of the Euratom Treaty will be used where necessary to compare the originally planned environmental monitoring programme with the actual one. |
| --- | --- |

(14)

Part of the verifications consists in checking the consistency of the actual set-up of monitoring facilities with the information reported under Articles 36 or 37 of the Euratom Treaty. In particular, general data supplied under Article 37 of the Euratom Treaty will be used where necessary to compare the originally planned environmental monitoring programme with the actual one.

4.   GUIDING PRINCIPLES FOR SELECTING FACILITIES FOR VERIFICATION

| (15) | Verifications are generally performed in accordance with an annual programme set up by the Commission services. This programme will take into account general principles such as: adequate coverage of all Member States; inclusion of installations across the complete spectrum of the nuclear fuel cycle as well as nation-wide monitoring systems, NORM industries and hospitals. |
| --- | --- |

(15)

Verifications are generally performed in accordance with an annual programme set up by the Commission services. This programme will take into account general principles such as: adequate coverage of all Member States; inclusion of installations across the complete spectrum of the nuclear fuel cycle as well as nation-wide monitoring systems, NORM industries and hospitals.

| (16) | The Commission will examine any request for verification by a third party. In such a case, Commission Services will first discuss the grounds of the request with the national authorities of the Member State on which territory the verification was requested before taking any decision on whether to perform a verification. |
| --- | --- |

(16)

The Commission will examine any request for verification by a third party. In such a case, Commission Services will first discuss the grounds of the request with the national authorities of the Member State on which territory the verification was requested before taking any decision on whether to perform a verification.

5.   PLANNING OF VISITS

| (17) | The duration of a visit will generally be five days, on the basis of a work programme defined in close collaboration with the Member State's competent authority. The visit may encompass






  — | environmental monitoring facilities (nationwide and site-specific), |
| --- | --- | --- |

(17)

The duration of a visit will generally be five days, on the basis of a work programme defined in close collaboration with the Member State's competent authority. The visit may encompass

—

environmental monitoring facilities (nationwide and site-specific),

| — | aerial discharge monitoring facilities, |
| --- | --- |

—

aerial discharge monitoring facilities,

| — | liquid discharge monitoring facilities, |
| --- | --- |

—

liquid discharge monitoring facilities,

| — | data centres. |
| --- | --- |

—

data centres.

| (18) | The visits are announced as far as possible at least two months in advance so that the competent authority can make the necessary arrangements. Once the date of the visit is confirmed, the Commission services will inform the competent authority of the composition of the verification team, which normally comprises two to four representatives, possibly also including national experts on secondment to the Commission. |
| --- | --- |

(18)

The visits are announced as far as possible at least two months in advance so that the competent authority can make the necessary arrangements. Once the date of the visit is confirmed, the Commission services will inform the competent authority of the composition of the verification team, which normally comprises two to four representatives, possibly also including national experts on secondment to the Commission.

| (19) | The Commission services will request information relevant for the preparation of the visit such as reports, descriptions, schematics, maps, etc. well in advance, in order to allow the competent authority to compile the information. |
| --- | --- |

(19)

The Commission services will request information relevant for the preparation of the visit such as reports, descriptions, schematics, maps, etc. well in advance, in order to allow the competent authority to compile the information.

| (20) | Should the Commission services intend to introduce onto any site visited a source of radioactivity (for example, for calibration purposes), they will indicate this in writing to the Member State, to allow for authorisation and registration procedures where necessary. |
| --- | --- |

(20)

Should the Commission services intend to introduce onto any site visited a source of radioactivity (for example, for calibration purposes), they will indicate this in writing to the Member State, to allow for authorisation and registration procedures where necessary.

| (21) | Member States will make all necessary arrangements so that the Commission's verification team is accompanied by representatives of the competent authority and, as appropriate, of the site and network operator. |
| --- | --- |

(21)

Member States will make all necessary arrangements so that the Commission's verification team is accompanied by representatives of the competent authority and, as appropriate, of the site and network operator.

6.   PRACTICAL ARRANGEMENTS

| (22) | The Member State where the verification is being carried out will take all appropriate measures to facilitate the Commission's task, as provided for in Article 192 Euratom. To this end, national authorities are expected to cooperate with the verification team at all stages of the verification. |
| --- | --- |

(22)

The Member State where the verification is being carried out will take all appropriate measures to facilitate the Commission's task, as provided for in Article 192 Euratom. To this end, national authorities are expected to cooperate with the verification team at all stages of the verification.

| (23) | All members of the Commission's verification team will act in conformity with the regulations laid down for safety and security at each location visited; these regulations include all the rules governing hygiene, radiological protection and security pertaining to each site. All members of the Commission's verification team will comply with the necessary entry formalities that apply to visitors. |
| --- | --- |

(23)

All members of the Commission's verification team will act in conformity with the regulations laid down for safety and security at each location visited; these regulations include all the rules governing hygiene, radiological protection and security pertaining to each site. All members of the Commission's verification team will comply with the necessary entry formalities that apply to visitors.

| (24) | The members of the Commission's verification team will be able to communicate with the authorities and plant operator personnel in a common, mutually understood language. It is understood that the host country will not be requested to provide for the translation of the documentation. However, the Commission services would highly appreciate it if the essential documents could be made available in electronic form prior to the scheduled visit, as this would increase the efficiency of the visit and facilitate any translation. |
| --- | --- |

(24)

The members of the Commission's verification team will be able to communicate with the authorities and plant operator personnel in a common, mutually understood language. It is understood that the host country will not be requested to provide for the translation of the documentation. However, the Commission services would highly appreciate it if the essential documents could be made available in electronic form prior to the scheduled visit, as this would increase the efficiency of the visit and facilitate any translation.

| (25) | To carry out its mission, the Commission's verification team needs to consult such documents that are necessary to form a judgement on the operation and efficiency of the monitoring equipment. To this end, the Commission's verification team will consult reports and registers containing the results obtained from the monitoring facilities. |
| --- | --- |

(25)

To carry out its mission, the Commission's verification team needs to consult such documents that are necessary to form a judgement on the operation and efficiency of the monitoring equipment. To this end, the Commission's verification team will consult reports and registers containing the results obtained from the monitoring facilities.

| (26) | Copies of data and documents not in the public domain will not be taken away by any member of the Commission's verification team, except with the express agreement of the representative of the competent authority. |
| --- | --- |

(26)

Copies of data and documents not in the public domain will not be taken away by any member of the Commission's verification team, except with the express agreement of the representative of the competent authority.

7.   REPORTING

| (27) | A technical report will be drawn up by the Commission's verification team and will serve as a basis for the main findings. Within six months after the visit or after the receipt of additional information requested during the visit, a draft version of this technical report will be sent to the competent authorities of the country visited, in order to have its factual accuracy checked. This is without prejudice to the exercise by the Commission of its rights as guardian of the Treaty, as provided for in particular in Article 141 of the Euratom Treaty. Comments by the competent authority on the draft technical report will be taken into consideration for the final version of the technical report. The technical report will be distributed as an annex to the main findings. |
| --- | --- |

(27)

A technical report will be drawn up by the Commission's verification team and will serve as a basis for the main findings. Within six months after the visit or after the receipt of additional information requested during the visit, a draft version of this technical report will be sent to the competent authorities of the country visited, in order to have its factual accuracy checked. This is without prejudice to the exercise by the Commission of its rights as guardian of the Treaty, as provided for in particular in Article 141 of the Euratom Treaty. Comments by the competent authority on the draft technical report will be taken into consideration for the final version of the technical report. The technical report will be distributed as an annex to the main findings.

| (28) | The main findings and recommendations arising from the verification exercise will be reported to the Commission, which will send a copy to the Member State visited. If the request for verification came from a third party, a copy will be sent to the latter. |
| --- | --- |

(28)

The main findings and recommendations arising from the verification exercise will be reported to the Commission, which will send a copy to the Member State visited. If the request for verification came from a third party, a copy will be sent to the latter.

| (29) | The Commission's practice is to publish the main findings and the technical report, together with any comments by the Member State explicitly intended for this purpose, on the Commission's website with due respect for any concerns voiced by the Member State concerning proprietary and commercial issues. |
| --- | --- |

(29)

The Commission's practice is to publish the main findings and the technical report, together with any comments by the Member State explicitly intended for this purpose, on the Commission's website with due respect for any concerns voiced by the Member State concerning proprietary and commercial issues.

| (30) | The Member State visited may publish the main findings and the technical report in an unaltered form after publication by the Commission. |
| --- | --- |

(30)

The Member State visited may publish the main findings and the technical report in an unaltered form after publication by the Commission.

| (31) | A general report on the Commission's verification programme will be drawn up at appropriate times for the attention of the European Parliament and Council. |
| --- | --- |

(31)

A general report on the Commission's verification programme will be drawn up at appropriate times for the attention of the European Parliament and Council.

Clarification of some terms used in this Communication

Competent authority:

Any national regulatory body or authority designated or otherwise recognised as such for any purpose in connection with Article 35 Euratom.

Monitoring facility:

All (technical) equipment used for sampling, sample preparation or radioactivity or radiation measurement, including field and laboratory measurements. Monitoring facilities may be part of an automatic or a manual system, and may concern aerial or liquid discharges or environmental media.

Installation:

Premises with the potential to give rise to radioactive discharges; they include nuclear fuel cycle installations, mine tailings and waste repositories, and also medical, industrial and research establishments. Aerial and liquid discharges may occur at one or more locations (stacks, ducts, pipes).

National network:

Network operated by or on behalf of one or more national competent authorities. Generally, such a network may consist of several sub-networks, and will cover the whole country.

Network:

Automated or laboratory-based system for the surveillance of environmental radioactivity. An automated network may measure the ambient gamma dose rate, may sample surface air and measure aerosol-bound or gaseous radioactivity, or may measure gross or nuclide-specific activity in waters. A laboratory-based network may consist of different institutions that sample various environmental media, which are then analysed in laboratories. Generally, data are stored, processed and archived in a data centre. (A network that is designed to measure primarily high radiation levels (for warning and defence purposes) is not deemed to be within the remit of Article 35 verifications.)

Plant:

Used here as a synonym for ‘installation’ in specific contexts (e.g. reprocessing).

Discharge monitoring:

Technical, organisational and procedural provisions for analysing and evaluating (on-line or off-line) aerial or liquid discharges at the last point before leaving operational control. The corresponding facilities may be situated within the site of the installation or off-site. In a nuclear power plant, for example, this would include any facilities for sampling and measurement of such releases (whether in pipes or in holding tanks), control of release (such as valves), laboratory analysis of discharge samples or the calculation of released activity. The general objective is to register and evaluate the amount of radioactivity that is released to the environment where it could have an impact on the environment or — directly or indirectly — on the public. (It should be noted that Article 35 verifications do not deal with the activity levels of discharges per se, but rather with the methods and procedures used to monitor them, and would not cover any analysis done only for the operational control of the installation.)

Environmental monitoring:

Technical, organisational and procedural provisions for analysing the ambient radiation level and levels of radioactivity in the environment. On a national scale, this is usually achieved with one or more monitoring (automatic or laboratory-based) networks; environmental monitoring specific to a site may use automated networks or may be based on a pre-defined scheme of sampling and sample analysis procedures. The general objective is to register any impact on the environment (e.g. as regards activity concentrations in various media) and any changes of contamination with time, and ultimately to supply the basis for estimates of (population) exposure. (It should be noted that Article 35 verifications do not deal with the activity levels in the environment per se, but rather with the methods and procedures used to monitor them.)

Data Centre:

Facility equipped with storage and communication hardware and software and with appropriate procedures to acquire, store and archive data from monitoring activities. Data presentation may be in the data centre itself or in remote data presentation centres such as national or local supervising bodies.

---

| 4.7.2006 | EN | Official Journal of the European Union | C 155/6 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/6

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2006/C 155/03)

(Text with EEA relevance)

Date of adoption of the decision:

Member State: Germany

Aid No: N 52b/2006

Title: Prolongation of N 655b/2001 — Promotion of emission reductions and climate protection in Saxony

Objective: Emission reduction and climate protection

Legal basis: Richtlinie des Sächsischen Staatsministeriums für Umwelt und Landwirtschaft über die Gewährung von Fördermitteln für Vorhaben des Immissions- und Klimaschutzes einschließlich der Nutzung erneuerbarer Energien

Budget: EUR 15,91 million

Duration: 2006-2008

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption:

Member State: United Kingdom

Aid No: N 318/2005

Title: Wave and tidal stream energy demonstration

Objective: Environmental protection/Energy protection

Legal basis: Science and Technology Act 1965 (Section 5)

Budget: EUR 58,8 million

Intensity or amount: Investment aid 25 % + GBP 100 per MWh operating aid.

Total max. aid per project GBP 9 million

Duration: Aid decision: 2005 — 2017

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision:

Member State: Germany

Aid No: N 497/2004

Title: Aid to the German coal industry for 2005

Objective: Support for coal production to contribute to the objective of energy security and the continuation of the coal industry restructuring process

Legal basis: Council Regulation (EC) No 1407/2002 on State aid to the coal industry

Budget: Grants: EUR 2 709,8 million; loss of tax revenue: EUR 21,6 million

Aid intensity: The aid for the reduction of activity and the aid for production cover the difference between production costs and selling price. The aid intended to cover exceptional costs covers those arising from or having arisen from the restructuring of the coal industry

Duration: 2005

Other information:

| 1) | Form of aid: Grants and tax reduction |
| --- | --- |

1)

Form of aid: Grants and tax reduction

| 2) | Beneficiaries: Three mining companies: RAG AG — EUR 2 704,2 million, Dr A. Schaefer Bergbau GmbH — EUR 0,5 million and Bergwerkgesellschaft Merchweiler GmbH — EUR 5,1 million |
| --- | --- |

2)

Beneficiaries: Three mining companies: RAG AG — EUR 2 704,2 million, Dr A. Schaefer Bergbau GmbH — EUR 0,5 million and Bergwerkgesellschaft Merchweiler GmbH — EUR 5,1 million

| 3 | Proposal: Decision not to raise any objections to this measure since it conforms to Council Regulation (EC) No 1407/2002 on State aid to the coal industry |
| --- | --- |

3

Proposal: Decision not to raise any objections to this measure since it conforms to Council Regulation (EC) No 1407/2002 on State aid to the coal industry

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision:

Member State: Kingdom of the Netherlands Noord Brabant

Aid No: NN76/2005

Title (and/or name of the beneficiary): NV Monumenten Fonds Brabant

Objective: Heritage conservation

Form of aid: Direct grant — Soft loan

Legal basis: Article 158(1) (e) Provinciewet & Statenbesluit 76/03B inzake uitwerking bestuursakkoord

Type of measure: Individual aid

Budget: Overall aid amount planned (in millions of national currency): 4,8

Economic sectors: Limited to service activities

Duration: 2004-2007

Name and address of the granting authority:

| Gedeputeerde Staten van Noord-Brabant |
| --- |
| Postbus 90151 |
| 5200 's-Hertogenbosch |
| Nederland |

Gedeputeerde Staten van Noord-Brabant

Postbus 90151

5200 's-Hertogenbosch

Nederland

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---

| 4.7.2006 | EN | Official Journal of the European Union | C 155/8 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/8

---

Prior notification of a concentration

(Case COMP/M.4279 — GDF/Camfin/Energie Investimenti JV)

Candidate case for simplified procedure

(2006/C 155/04)

(Text with EEA relevance)

| 1. | On 23 June 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking GDF International S.A.S. (‘GDFI’, France) controlled by Gaz de France S.A. and Camfin S.p.A. (‘Camfin’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Energie Investimenti by way of purchase of shares. |
| --- | --- |

1.

On 23 June 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking GDF International S.A.S. (‘GDFI’, France) controlled by Gaz de France S.A. and Camfin S.p.A. (‘Camfin’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Energie Investimenti by way of purchase of shares.

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






  — | for GDFI: active in the gas distribution, gas supply and energy services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for GDFI: active in the gas distribution, gas supply and energy services;

| — | for Camfin: oil and energy, distribution of heating and diesel fuel products, trading in bitumen, paving and petroleum products, investment management and real estate; |
| --- | --- |

—

for Camfin: oil and energy, distribution of heating and diesel fuel products, trading in bitumen, paving and petroleum products, investment management and real estate;

| — | for Energie Investimenti: natural gas supply. |
| --- | --- |

—

for Energie Investimenti: natural gas supply.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4279 — GDF/Camfin/Energie Investimenti JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4279 — GDF/Camfin/Energie Investimenti JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

---

| 4.7.2006 | EN | Official Journal of the European Union | C 155/9 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/9

---

Prior notification of a concentration

(Case COMP/M.4225 — Celsa/Fundia)

(2006/C 155/05)

(Text with EEA relevance)

| 1. | On 22 June 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004, by which the Celsa Group (‘Celsa’, Spain) through Steel Management Services S.L., (‘SMS’ Spain) acquires, within the meaning of Article 3(1)(b) of the Council Regulation, sole control of Fundia (‘Fundia’, Norway) by way of a management agreement. |
| --- | --- |

1.

On 22 June 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004, by which the Celsa Group (‘Celsa’, Spain) through Steel Management Services S.L., (‘SMS’ Spain) acquires, within the meaning of Article 3(1)(b) of the Council Regulation, sole control of Fundia (‘Fundia’, Norway) by way of a management agreement.

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






  — | for Celsa: production and distribution of steel reinforcing products; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Celsa: production and distribution of steel reinforcing products;

| — | for Fundia: production and distribution of steel reinforcing products; |
| --- | --- |

—

for Fundia: production and distribution of steel reinforcing products;

| — | for SMS management of iron and steel companies. |
| --- | --- |

—

for SMS management of iron and steel companies.

| 3. | On preliminary examination, the Commission finds that the notified concentration 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 concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 4225 — Celsa/Fundia to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 4225 — Celsa/Fundia to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---

| 4.7.2006 | EN | Official Journal of the European Union | C 155/10 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/10

---

Prior notification of a concentration

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

Candidate case for simplified procedure

(2006/C 155/06)

(Text with EEA relevance)

| 1. | On 27 June 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Goldman Sachs Group Inc. (‘Goldman Sachs’ USA) and Borealis Infrastructure Management Inc. (‘Borealis’ Canada) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of Associated British Ports Holdings PLC (‘AIB’, UK), via purchase of shares. |
| --- | --- |

1.

On 27 June 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Goldman Sachs Group Inc. (‘Goldman Sachs’ USA) and Borealis Infrastructure Management Inc. (‘Borealis’ Canada) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of Associated British Ports Holdings PLC (‘AIB’, UK), via purchase of shares.

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






  — | The Goldman Sachs Group, Inc. is a global investment banking, securities and investment management firm that provides a wide range of banking, securities and investment services worldwide. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

The Goldman Sachs Group, Inc. is a global investment banking, securities and investment management firm that provides a wide range of banking, securities and investment services worldwide.

| — | Borealis Infrastructure Management Inc. is one of the largest infrastructure investors in the world (which is in turn owned by Ontario Municipal Employees Retirement System, one of Canada's largest pension funds). |
| --- | --- |

—

Borealis Infrastructure Management Inc. is one of the largest infrastructure investors in the world (which is in turn owned by Ontario Municipal Employees Retirement System, one of Canada's largest pension funds).

| — | Associated British Ports Holdings PLC is a UK company, constituted under the Transport Act 1981. Its principal business activities are in UK port operations and provision of related services, including stevedoring activities, to ship and cargo owners and other port users. |
| --- | --- |

—

Associated British Ports Holdings PLC is a UK company, constituted under the Transport Act 1981. Its principal business activities are in UK port operations and provision of related services, including stevedoring activities, to ship and cargo owners and other port users.

| 3. | On preliminary examination, the Commission finds that the notified concentration 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 (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (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 (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4296 Goldman Sachs/Borealis/Associated British Ports, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4296 Goldman Sachs/Borealis/Associated British Ports, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

(2)  OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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| 4.7.2006 | EN | Official Journal of the European Union | C 155/11 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/11

---

Non-opposition to a notified concentration

(Case COMP/M.4230 — KPN/Heineken/ON)

(2006/C 155/07)

(Text with EEA relevance)

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

| — | from the Europa competition web site (http://ec.europa.eu/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://ec.europa.eu/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 32006M4230. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4230. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---

| 4.7.2006 | EN | Official Journal of the European Union | C 155/11 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/11

---

Non-opposition to a notified concentration

(Case COMP/M.4250 — Industri Kapital/Minimax)

(2006/C 155/08)

(Text with EEA relevance)

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

| — | from the Europa competition web site (http://ec.europa.eu/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://ec.europa.eu/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 32006M4250. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4250. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

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| 4.7.2006 | EN | Official Journal of the European Union | C 155/12 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/12

---

Non-opposition to a notified concentration

(Case COMP/M.4227 — Umicore/Solvay/Solvicore/JV)

(2006/C 155/09)

(Text with EEA relevance)

On 20 June 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://ec.europa.eu/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://ec.europa.eu/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 32006M4227. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4227. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

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Corrigenda

| 4.7.2006 | EN | Official Journal of the European Union | C 155/13 |
| --- | --- | --- | --- |

4.7.2006

EN

Official Journal of the European Union

C 155/13

---

Corrigendum to Common Position (EC) No 3/2006 adopted by the Council on 8 December 2005 with a view to adopting Regulation (EC) No .../2006 of the European Parliament and of the Council of ... on nutrition and health claims made on foods

(
  Official Journal of the European Union C 80E of 4 April 2006
  )

On page 57, in the Annex titled ‘Nutrition claims and conditions applying to them’:

for:

‘LOW SUGAR

A claim that a food is low in sugar, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 5g of sugar per 100g for solids or 2,5g of sugar per 100ml for liquids.

SUGAR-FREE

A claim that a food is sugar-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,5g of sugar per 100g or 100ml.

WITH NO ADDED SUGAR’,

read:

read:

‘LOW SUGARS

A claim that a food is low in sugars, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 5g of sugars per 100g for solids or 2,5g of sugars per 100ml for liquids.

SUGARS-FREE

A claim that a food is sugars-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,5g of sugars per 100g or 100ml.

WITH NO ADDED SUGARS’.

---