# Official Journal C 49/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 49 |
| | |
| English edition | Information and Notices | Volume 5228 February 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 49

English edition

Information and Notices

Volume 5228 February 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 049/01 | Non-opposition to a notified concentration (Case COMP/M.5411 — Johnson & Johnson Consumer France/Vania/Laboratoires Polive) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 049/01

Non-opposition to a notified concentration (Case COMP/M.5411 — Johnson & Johnson Consumer France/Vania/Laboratoires Polive) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 049/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 049/03 | Commission communication in the framework of the implementation of the Council Directive 87/404/EEC on the harmonization of the laws of the Member States relating to simple pressure vessels (
  1
  ) | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 049/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2009/C 049/03

Commission communication in the framework of the implementation of the Council Directive 87/404/EEC on the harmonization of the laws of the Member States relating to simple pressure vessels (
  1
  )

1

3

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 049/04 | Notice concerning the anti-dumping measures in force in respect of imports into the Community of polyester staple fibres originating, inter alia, in the Republic of Korea; change of the name of a company subject to an individual anti-dumping duty | 6 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 049/05 | Prior notification of a concentration (Case COMP/M.5462 — Thomas Cook Group/Gold Medal International) (
  1
  ) | 7 |
| 2009/C 049/06 | Prior notification of a concentration (Case COMP/M.5442 — E.ON Italia/MPE Energia) — Candidate case for simplified procedure (
  1
  ) | 8 |
| | OTHER ACTS |
| | Commission |
| 2009/C 049/07 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 049/04

Notice concerning the anti-dumping measures in force in respect of imports into the Community of polyester staple fibres originating, inter alia, in the Republic of Korea; change of the name of a company subject to an individual anti-dumping duty

inter alia

6

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 049/05

Prior notification of a concentration (Case COMP/M.5462 — Thomas Cook Group/Gold Medal International) (
  1
  )

1

7

2009/C 049/06

Prior notification of a concentration (Case COMP/M.5442 — E.ON Italia/MPE Energia) — Candidate case for simplified procedure (
  1
  )

1

8

OTHER ACTS

Commission

2009/C 049/07

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

9

| | |
| --- | --- |
| 2009/C 049/08 | Note to the reader(see page 3 of the cover) | s3 |

2009/C 049/08

Note to the reader(see page 3 of the cover)

Note to the reader

s3

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 28.2.2009 | EN | Official Journal of the European Union | C 49/1 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/1

---

Non-opposition to a notified concentration

(Case COMP/M.5411 — Johnson & Johnson Consumer France/Vania/Laboratoires Polive)

(Text with EEA relevance)

(2009/C 49/01)

On 18 February 2009, 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 French and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32009M5411. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5411. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 28.2.2009 | EN | Official Journal of the European Union | C 49/2 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/2

---

Euro exchange rates (1)

27 February 2009

(2009/C 49/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2644 |
| JPY | Japanese yen | 123,23 |
| DKK | Danish krone | 7,4504 |
| GBP | Pound sterling | 0,89310 |
| SEK | Swedish krona | 11,4524 |
| CHF | Swiss franc | 1,4841 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,8860 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 28,090 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 300,46 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7095 |
| PLN | Polish zloty | 4,7030 |
| RON | Romanian leu | 4,3025 |
| TRY | Turkish lira | 2,1558 |
| AUD | Australian dollar | 1,9891 |
| CAD | Canadian dollar | 1,5985 |
| HKD | Hong Kong dollar | 9,8053 |
| NZD | New Zealand dollar | 2,5275 |
| SGD | Singapore dollar | 1,9559 |
| KRW | South Korean won | 1 950,91 |
| ZAR | South African rand | 12,8146 |
| CNY | Chinese yuan renminbi | 8,6482 |
| HRK | Croatian kuna | 7,4334 |
| IDR | Indonesian rupiah | 15 147,51 |
| MYR | Malaysian ringgit | 4,6852 |
| PHP | Philippine peso | 61,580 |
| RUB | Russian rouble | 45,4977 |
| THB | Thai baht | 45,714 |
| BRL | Brazilian real | 3,0093 |
| MXN | Mexican peso | 19,1416 |
| INR | Indian rupee | 64,5730 |

Currency

Exchange rate

USD

US dollar

1,2644

JPY

Japanese yen

123,23

DKK

Danish krone

7,4504

GBP

Pound sterling

0,89310

SEK

Swedish krona

11,4524

CHF

Swiss franc

1,4841

ISK

Iceland króna

NOK

Norwegian krone

8,8860

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

28,090

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

300,46

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7095

PLN

Polish zloty

4,7030

RON

Romanian leu

4,3025

TRY

Turkish lira

2,1558

AUD

Australian dollar

1,9891

CAD

Canadian dollar

1,5985

HKD

Hong Kong dollar

9,8053

NZD

New Zealand dollar

2,5275

SGD

Singapore dollar

1,9559

KRW

South Korean won

1 950,91

ZAR

South African rand

12,8146

CNY

Chinese yuan renminbi

8,6482

HRK

Croatian kuna

7,4334

IDR

Indonesian rupiah

15 147,51

MYR

Malaysian ringgit

4,6852

PHP

Philippine peso

61,580

RUB

Russian rouble

45,4977

THB

Thai baht

45,714

BRL

Brazilian real

3,0093

MXN

Mexican peso

19,1416

INR

Indian rupee

64,5730

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 28.2.2009 | EN | Official Journal of the European Union | C 49/3 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/3

---

Commission communication in the framework of the implementation of the Council Directive 87/404/EEC on the harmonization of the laws of the Member States relating to simple pressure vessels

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

(2009/C 49/03)

| ESO (1) | Reference and title of the harmonised standard
  (and reference document) | Reference of superseded standard | Date of cessation of presumption of conformity of superseded standard
  (Note 1) |
| --- | --- | --- | --- |
| CEN | EN 286-1:1998
  Simple unfired pressure vessels designed to contain air or nitrogen — Part 1: Pressure vessels for general purposes | EN 286-1:1991 | Date expired
  (31.8.1998) |
| EN 286-1:1998/A1:2002 | Note 3 | Date expired
  (31.1.2003) |
| EN 286-1:1998/A2:2005 | Note 3 | Date expired
  (30.4.2006) |
| EN 286-1:1998/AC:2002 | | |
| CEN | EN 286-2:1992
  Simple unfired pressure vessels designed to contain air or nitrogen — Part 2: Pressure vessels for air braking and auxiliary systems for motor vehicles and their trailers | — | |
| EN 286-2:1992/AC:1992 | | |
| CEN | EN 286-3:1994
  Simple unfired pressure vessels designed to contain air or nitrogen — Part 3: Steel pressure vessels designed for air braking equipment and auxiliary pneumatic equipment for railway rolling stock | — | |
| CEN | EN 286-4:1994
  Simple unfired pressure vessels designed to contain air or nitrogen — Part 4: Aluminium alloy pressure vessels designed for air braking equipment and auxiliary pneumatic equipment for railway rolling stock | — | |
| CEN | EN 287-1:2004
  Qualification test of welders — Fusion welding — Part 1: Steels | — | |
| EN 287-1:2004/A2:2006 | Note 3 | Date expired
  (30.9.2006) |
| EN 287-1:2004/AC:2004 | | |
| CEN | EN 571-1:1997
  Non destructive testing — Penetrant testing — Part 1: General principles | — | |
| CEN | EN 583-1:1998
  Non-destructive testing — Ultrasonic examination — Part 1: General principles | — | |
| CEN | EN 970:1997
  Non-destructive examination of fusion welds — Visual examination | — | |
| CEN | EN 1011-1:1998
  Welding — Recommendations for welding of metallic materials — Part 1: General guidance for arc welding | — | |
| CEN | EN 1290:1998
  Non-destructive examination of welds — Magnetic particle examination of welds | — | |
| CEN | EN 1330-3:1997
  Non-destructive testing — Terminology — Part 3: Terms used in industrial radiographic testing | — | |
| CEN | EN 1714:1997
  Non-destructive examination of welds — Ultrasonic examination of welded joints | — | |
| CEN | EN 10207:2005
  Steels for simple pressure vessels — Technical delivery requirements for plates, strips and bars | — | |
| CEN | EN 12062:1997
  Non-destructive examination of welds — General rules for metallic materials | — | |
| CEN | EN ISO 15614-1:2004
  Specification and qualification of welding procedures for metallic materials — Welding procedure test — Part 1: Arc and gas welding of steels and arc welding of nickel and nickel alloys (ISO 15614-1:2004) | — | |
| EN ISO 15614-1:2004/A1:2008 | Note 3 | Date expired
  (31.8.2008) |
| CEN | EN ISO 15614-2:2005
  Specification and qualification of welding procedures for metallic materials — Welding procedure test — Part 2: Arc welding of aluminium and its alloys (ISO 15614-2:2005) | — | |

ESO (1)

Reference and title of the harmonised standard

(and reference document)

Reference of superseded standard

Date of cessation of presumption of conformity of superseded standard

(Note 1)

CEN

EN 286-1:1998

Simple unfired pressure vessels designed to contain air or nitrogen — Part 1: Pressure vessels for general purposes

EN 286-1:1991

Date expired

(31.8.1998)

EN 286-1:1998/A1:2002

Note 3

Date expired

(31.1.2003)

EN 286-1:1998/A2:2005

Note 3

Date expired

(30.4.2006)

EN 286-1:1998/AC:2002

CEN

EN 286-2:1992

Simple unfired pressure vessels designed to contain air or nitrogen — Part 2: Pressure vessels for air braking and auxiliary systems for motor vehicles and their trailers

—

EN 286-2:1992/AC:1992

CEN

EN 286-3:1994

Simple unfired pressure vessels designed to contain air or nitrogen — Part 3: Steel pressure vessels designed for air braking equipment and auxiliary pneumatic equipment for railway rolling stock

—

CEN

EN 286-4:1994

Simple unfired pressure vessels designed to contain air or nitrogen — Part 4: Aluminium alloy pressure vessels designed for air braking equipment and auxiliary pneumatic equipment for railway rolling stock

—

CEN

EN 287-1:2004

Qualification test of welders — Fusion welding — Part 1: Steels

—

EN 287-1:2004/A2:2006

Note 3

Date expired

(30.9.2006)

EN 287-1:2004/AC:2004

CEN

EN 571-1:1997

Non destructive testing — Penetrant testing — Part 1: General principles

—

CEN

EN 583-1:1998

Non-destructive testing — Ultrasonic examination — Part 1: General principles

—

CEN

EN 970:1997

Non-destructive examination of fusion welds — Visual examination

—

CEN

EN 1011-1:1998

Welding — Recommendations for welding of metallic materials — Part 1: General guidance for arc welding

—

CEN

EN 1290:1998

Non-destructive examination of welds — Magnetic particle examination of welds

—

CEN

EN 1330-3:1997

Non-destructive testing — Terminology — Part 3: Terms used in industrial radiographic testing

—

CEN

EN 1714:1997

Non-destructive examination of welds — Ultrasonic examination of welded joints

—

CEN

EN 10207:2005

Steels for simple pressure vessels — Technical delivery requirements for plates, strips and bars

—

CEN

EN 12062:1997

Non-destructive examination of welds — General rules for metallic materials

—

CEN

EN ISO 15614-1:2004

Specification and qualification of welding procedures for metallic materials — Welding procedure test — Part 1: Arc and gas welding of steels and arc welding of nickel and nickel alloys (ISO 15614-1:2004)

—

EN ISO 15614-1:2004/A1:2008

Note 3

Date expired

(31.8.2008)

CEN

EN ISO 15614-2:2005

Specification and qualification of welding procedures for metallic materials — Welding procedure test — Part 2: Arc welding of aluminium and its alloys (ISO 15614-2:2005)

—

| Note 1 | Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise. |
| --- | --- |

Note 1

Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

| Note 3 | In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
| --- | --- |

Note 3

In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive.

NOTE:

| — | any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC of the European Parliament and of the Council (2) amended by the Directive 98/48/EC (3), |
| --- | --- |

—

any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC of the European Parliament and of the Council (2) amended by the Directive 98/48/EC (3),

| — | publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages, |
| --- | --- |

—

publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages,

| — | this list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list. |
| --- | --- |

—

this list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list.

More information about harmonised standards on the Internet at:

http://ec.europa.eu/enterprise/newapproach/standardization/harmstds/

---

(1)  ESO: European Standardisation Organisation:

| — | CEN: rue de Stassart 36, B-1050 Brussels, tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cen.eu), |
| --- | --- |

—

CEN: rue de Stassart 36, B-1050 Brussels, tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cen.eu),

| — | Cenelec: rue de Stassart 35, B-1050 Brussels, tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.eu), |
| --- | --- |

—

Cenelec: rue de Stassart 35, B-1050 Brussels, tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.eu),

| — | ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.eu). |
| --- | --- |

—

ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.eu).

(2)  OJ L 204, 21.7.1998, p. 37.

(3)  OJ L 217, 5.8.1998, p. 18.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 28.2.2009 | EN | Official Journal of the European Union | C 49/6 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/6

---

Notice concerning the anti-dumping measures in force in respect of imports into the Community of polyester staple fibres originating, inter alia, in the Republic of Korea; change of the name of a company subject to an individual anti-dumping duty

(2009/C 49/04)

Imports of polyester staple fibres originating, inter alia, in the Republic of Korea are subject to a definitive anti-dumping duty imposed by Council Regulation (EC) No 2852/2000 (1) as amended by Council Regulation (EC) No 428/2005 (2) (‘Regulation (EC) No 2852/2000’).

Saehan Industries Inc., a company located in the Republic of Korea, whose exports to the Community of polyester staple fibres are subject to an individual anti-dumping duty of 10,6 % imposed by Article 1(2) of Regulation (EC) No 2852/2000, has informed the Commission that its company name changed on 21 March 2008 to Woongjin Chemical Co., Ltd. The company name change was registered on 1 April 2008 by the competent registration office in the Republic of Korea.

The company has argued that its change of name does not affect its right to benefit from the individual anti-dumping duty applied to it under its previous name of Saehan Industries Inc.

The Commission has examined the information provided and has concluded that this change of name in no way affects the findings of Regulation (EC) No 2852/2000. Therefore, the reference, in Article 1(2) of Regulation (EC) No 2852/2000, to:

Saehan Industries Inc.

should be read as:

Woongjin Chemical Co., Ltd.

The Taric additional code A599 previously attributed to Saehan Industries Inc. shall apply to Woongjin Chemical Co., Ltd.

---

(1)  OJ L 332, 28.12.2000, p. 17.

(2)  OJ L 71, 17.3.2005, p. 1.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 28.2.2009 | EN | Official Journal of the European Union | C 49/7 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/7

---

Prior notification of a concentration

(Case COMP/M.5462 — Thomas Cook Group/Gold Medal International)

(Text with EEA relevance)

(2009/C 49/05)

| 1. | On 23 February 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Thomas Cook Group plc. (‘Thomas Cook’, UK) which is controlled by Arcandor AG (‘Arcandor’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of Gold Medal International Limited (‘Gold Medal’, UK) by way of purchase of shares. |
| --- | --- |

1.

On 23 February 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Thomas Cook Group plc. (‘Thomas Cook’, UK) which is controlled by Arcandor AG (‘Arcandor’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of Gold Medal International Limited (‘Gold Medal’, UK) by way of purchase of shares.

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






  — | for Thomas Cook: integrated leisure travel company, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Thomas Cook: integrated leisure travel company,

| — | for Gold Medal: independent tour operator. |
| --- | --- |

—

for Gold Medal: independent tour operator.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5462 — Thomas Cook Group/Gold Medal International, 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5462 — Thomas Cook Group/Gold Medal International, 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.

---

| 28.2.2009 | EN | Official Journal of the European Union | C 49/8 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/8

---

Prior notification of a concentration

(Case COMP/M.5442 — E.ON Italia/MPE Energia)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 49/06)

| 1. | On 23 February 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EON AG (‘EON’, Germany) will acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of MPE Energia Spa (‘MPE Energia’, Italy) through its subsidiary EON Italia Spa (‘EON Italia’, Italy) by way of purchase of shares. |
| --- | --- |

1.

On 23 February 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EON AG (‘EON’, Germany) will acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of MPE Energia Spa (‘MPE Energia’, Italy) through its subsidiary EON Italia Spa (‘EON Italia’, Italy) by way of purchase of shares.

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






  — | for EON AG: different activities in gas and electricity sectors in Europe, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EON AG: different activities in gas and electricity sectors in Europe,

| — | for MPE Energia: retail supply of electricity in Italy. |
| --- | --- |

—

for MPE Energia: retail supply of electricity in Italy.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5442 — E.ON Italia/MPE Energia, 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5442 — E.ON Italia/MPE Energia, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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

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

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OTHER ACTS

Commission

| 28.2.2009 | EN | Official Journal of the European Union | C 49/9 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

C 49/9

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Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(2009/C 49/07)

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months from the date of this publication.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘TRADITIONAL GRIMSBY SMOKED FISH’

EC No: UK-PGI-0005-0132-19-05-2000

PGI ( X ) PDO ( )

This summary sets out the main elements of the product specification for information purposes.

1.   Responsible department in the Member State:

| Name: | Department for Environment, Food and Rural Affairs |
| --- | --- |
| Address: | Food and Drink Manufacturing Team |
| Area 8E, 9 Millbank, c/o Nobel House |
| 17 Smith Square, |
| London SWIP 3JR |
| United Kingdom |

Name:

Department for Environment, Food and Rural Affairs

Address:

Food and Drink Manufacturing Team

Area 8E, 9 Millbank, c/o Nobel House

17 Smith Square,

London SWIP 3JR

United Kingdom

Tel.

(44) 207 238 6623

Fax

(44) 207 238 5728

E-mail:

simon.johnson@defra.gsi.gov.uk

2.   Group:

| Name: | The Traditional Grimsby Fish Smokers Group |
| --- | --- |
| Address: | Alfred Enderby Ltd |
| Maclure Street, Fish Docks |
| Grimsby DN31 3NE |
| United Kingdom |

Name:

The Traditional Grimsby Fish Smokers Group

Address:

Alfred Enderby Ltd

Maclure Street, Fish Docks

Grimsby DN31 3NE

United Kingdom

Tel.

(44) 1472 342984

Fax

(44) 1472 342984

E-mail:

smoked@alfedenderby.co.uk

Composition:

Producers/processors ( X ) Other ( )

3.   Type of product:

Class 1.7: Fresh fish, molluscs, crustaceans and fish based products

4.   Specification:

(Summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

4.1.   Name:

‘Traditional Grimsby Smoked Fish’

4.2.   Description:

‘Traditional Grimsby Smoked Fish’ are defined as fillets of cod and haddock, weighing between 200 and 700 grams, which have been cold smoked in accordance with the traditional method within the defined geographical area. They are cream to beige in colour, with a dry texture and a smoked slightly salty flavour. They are sold to a range of outlets, as processed, in purpose built cartons (whose weight must not exceed 5 kilos) or in individual vacuum packs.

4.3.   Geographical area:

The town of Grimsby, as defined by its administrative boundaries, in the district of North East Lincolnshire.

4.4.   Proof of origin:

The minimum inspection procedures require that:

For preparation of the processed product:

| (i) | each producer is on a register of producers kept by the Traditional Grimsby Fish Smokers Group; |
| --- | --- |

(i)

each producer is on a register of producers kept by the Traditional Grimsby Fish Smokers Group;

| (ii) | the fish are usually purchased from the fish market at Grimsby. A written record of all the purchased fish must be kept; |
| --- | --- |

(ii)

the fish are usually purchased from the fish market at Grimsby. A written record of all the purchased fish must be kept;

| (iii) | checks against this written information will be made by the nominated inspection body. |
| --- | --- |

(iii)

checks against this written information will be made by the nominated inspection body.

Traceability of the Processed Product:

| (i) | information relating to the producer (contact details and identification number); the product (type, weight, and best before date) must be included on the packaged fish when it is sold; |
| --- | --- |

(i)

information relating to the producer (contact details and identification number); the product (type, weight, and best before date) must be included on the packaged fish when it is sold;

| (ii) | a written record of all sales must be kept by the producer; |
| --- | --- |

(ii)

a written record of all sales must be kept by the producer;

| (iii) | checks to ensure compliance with these requirements will be made by the nominated inspection body. |
| --- | --- |

(iii)

checks to ensure compliance with these requirements will be made by the nominated inspection body.

4.5.   Method of production:

Fresh whole fish are usually sourced from Iceland, Faroe and Norway but can be sourced from other areas. Skilled filleters fillet the whole fish by hand. The filleted fish are then immersed in brine, for 10 to 15 minutes and then drained on metal rod racks known as speats at the end of the working day. The fish on the speats are put into the smokehouse chimneys at heights that suit the cold smoking process.

The base of the smokehouse is laid with a covering of sawdust where ‘fire’ is introduced to start the sawdust smoldering. The rate at which the fish is smoked is dependent on the size of the fish, but also to a great degree by the ambient temperature and humidity. This means that in summer the sawdust needs the oxygen removed and only a small amount of ‘fire’ is needed to start the sawdust smoldering. In winter the sawdust needs less or no oxygen removed and more ‘fire’ is needed to start the sawdust smoldering. The fillets are left overnight for a minimum of 8 hours. Regular monitoring of the smoking process by skilled smokers is carried out to ensure the fish is smoked evenly, moving and removing fish when necessary. There is no heat involved, this is because the fish would start to cook during the smoking process and would start to flake and fall from the speats.

The fish are then removed from the smokehouses and allowed to cool. Once cooled, they are packed into interleaved shallow purpose built cartons or in individual vacuum packs for transportation to a range of outlets both within the UK and abroad.

4.6.   Link:

The characteristics of ‘Traditional Grimsby Smoked Fish’ are linked to the geographical area on the basis of tradition, reputation, the smoking process and the skills of those involved in the process. Skills which have been passed down from generation to generation. The tradition and processes involved can be proven and demonstrated back to the late 19th century. Grimsby has been synonymous with fish smoking in the UK since 1850 when the railway first allowed the rapid transportation of smoked fish to London and eventually to every corner of the country. At that time, of course, no refrigeration equipment or ice making capability now used so extensively in the preservation of fresh and perishable produce such as fish existed. In order to keep and extend the shelf-life of their perishable products the choice was salting, drying, smoking or a combination of all of these. Traditional fish smoking in Grimsby has continued to be successful despite the preference for mechanical kilns in other parts of the country.

The port of Grimsby is unique in England in that it is sited on a promontory, which separates the Humber Estuary from the North Sea. This position exposes the port to cool dry winds off the sea and estuary which aid the process of traditional fish smoking by keeping mean summer maximum temperatures below 20 degrees Celsius, which is significantly cooler than inland.

Grimsby's position on the east coast has a second advantage of being a place in the UK which is least prone to humid rain bearing south westerly winds which prevail in most other parts of the UK. It has a maritime climate, which means that although there are only small fluctuations in seasonal weather on a day to day basis the weather can be changeable.

The knowledge built up over years of smoking fish in the port is essential in anticipating these changes. This starts with buying the right type of fish; the condition of which alters radically as it pass through its annual breeding cycle. Grimsby is fortunate in that it can source its fish from such a wide area that an experienced buyer can normally find some fish which is suitable for smoking whatever time of the year. In order to smoke the fish successfully the fish smoker has to allow for the many variables of fish, season and weather as previously described. In Grimsby generations of expertise enables the traditional fish smoker to produce a consistent quality product by touch and eye alone.

Across the UK the town of Grimsby is synonymous with the processing of fish. The port and town regard it as a matter of pride that for over a century the many fish merchants have been able to supply most types of fish to anywhere in the country and more recently even further into Europe. ‘Traditional Grimsby Smoked Fish’ is one of the most important products associated with the port.

For much of the first half of the twentieth century the port of Grimsby was the largest fishing port in the world. Its position amongst names such as Vigo, Esbjerg, Boulogne Sur Mer and Bremerhaven with which the town is twinned is unassailable. The town today is still the largest centre of fish production in the UK with 106 companies currently members of the Grimsby Fish Merchants Association. This diverse merchanting base has always been the port's strength and has resulted in Grimsby Fish Markets pivotal role in wet fish sales not only in the UK but also at a European level.

The experience and expertise required to smoke fish successfully in the traditional way can only be learnt over many years with the knowledge often being handed down over generations. This in contrast to the modern mechanical kiln, which is a sealed oven that is electrically heated and regulated simply by turning dials. Due to these sustainable sources and being able to take advantage of Grimsby's strategic position at the centre of a chilled fish distribution network daily supplies of freshly smoked fish can be guaranteed anywhere in the country.

The Guild of Fine Food Retailers have recognised this commitment to quality by giving awards to the ‘Traditional Grimsby Smoked Fish’. Their importance as a distinctive quality regional product has also been recognised by a number of chefs and food writers as demonstrated by references to the product in Rick Stein's ‘Food Heroes’ and Henrietta Green's ‘Food Lovers Britain’.

4.7.   Inspection body:

| Name: | North East Lincolnshire Council |
| --- | --- |
| Address: | Trading Standards Department |
| Municipal Offices Town Hall Square |
| Grimsby DN31 1HU |
| United Kingdom |

Name:

North East Lincolnshire Council

Address:

Trading Standards Department

Municipal Offices Town Hall Square

Grimsby DN31 1HU

United Kingdom

Tel.

(44) 19 03 23 77 99

Fax

(44) 19 03 20 44 45

E-mail:

trading.standards@nelincs.gov.uk

The inspection body is an official public body conforming to the principles of the EN 45011 standard.

4.8.   Labelling:

The EU symbol for Protected Geographical Indications shall be used in close proximity to the registered name.

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(1)  OJ L 93, 31.3.2006, p. 12.

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28.2.2009

| 28.2.2009 | EN | Official Journal of the European Union | C 49/s3 |
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EN

Official Journal of the European Union

C 49/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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