do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.1381 — Imetal/English China Clays) (Text with EEA relevance)
Date: 2001-02-22
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

22.2.2001

EN

Official Journal of the European Communities

C 56/7

Non-opposition to a notified concentration

(Case COMP/M.2172 (cid:151) Babcock Borsig/MG Technologies/SAP Markets/ec4ec)

(2001/C 56/06)

(Text with EEA relevance)

On 7 november 2000 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 (EEC) No 4064/89. The full text of the decision is only available in German and will be
made public after it is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CDE(cid:146) version of the CELEX database, under document No 300M2172. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations (OP/A/4-B),
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 424 55, fax (352) 29 29 427 63.

Non-opposition to a notified concentration

(Case COMP/M.1381 (cid:151) Imetal/English China Clays)

(2001/C 56/07)

(Text with EEA relevance)

On 26 April 1999 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(2) of Council Regulation (EEC)
No 4064/89. The full text of the decision is only available in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 399M1381. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations (OP/A/4-B),
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 424 55, fax (352) 29 29 427 63.
Prior notification of a concentration (Case COMP/M.2346 — Telefónica/Portugal Telecom/Brazilian JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2001-02-22
Institutions: European Commission
Subjects: economic concentration, exchange of information, holding company, merger control, subsidiary, telecommunications industry

C 56/4

EN

Official Journal of the European Communities

22.2.2001

Prior notification of a concentration

(Case COMP/M.2346 (cid:151) Telef(cid:243)nica/Portugal Telecom/Brazilian JV)

Candidate case for simplified procedure

(2001/C 56/03)

(Text with EEA relevance)

On 12 February 2001 the Commission received notification of a proposed concentration pursuant to
1.
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the Spanish undertaking Telef(cid:243)nica SA (Tef) and the Portuguese undertaking Portugal Telecom
(SGPS) SA (PT) acquire, within the meaning of Article 3(1)(b) of the Regulation, joint control of a newly
created Brazilian company constituting a joint venture (Holdco) by way of contribution of their properties
in Brazil and contract of management.

2.

The business activities of the undertakings concerned are:

(cid:151) Tef: holding company of a group of corporations which operate in the telecommunications and

audiovisual sectors mainly in Spain and Latin America,

(cid:151) PT: holding company with subsidiaries active in the telecommunications and multimedia sectors in

Portugal and Brazil,

(cid:151) Holdco: wireless telecommunications in Brazil.

3.
On preliminary examination, the Commission finds that the notified concentration could fall within
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. Pursuant
to the Commission Notice on a simplified procedure for treatment of certain concentrations under
Regulation (EEC) No 4064/89 (3), it should be noted that this case is a candidate for treatment under
the procedure set out in the notice.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2346 (cid:151) Telef(cid:243)nica/Portugal Telecom/Brazilian JV, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
(3) OJ C 217, 29.7.2000, p. 32.
Initiation of proceedings (Case COMP/M.2201 — MAN/Auwärter) (Text with EEA relevance)
Date: 2001-02-22
Institutions: European Commission
Subjects: economic concentration, infringement procedure (EU), merger control

C 56/8

EN

Official Journal of the European Communities

22.2.2001

Initiation of proceedings

(Case COMP/M.2201 (cid:151) MAN/Auw(cid:228)rter)

(2001/C 56/08)

(Text with EEA relevance)

On 15 February 2001 the Commission decided to initiate proceedings in the abovementioned case after
finding that the notified concentration raises serious doubts as to its compatibility with the common
market. The initiation of proceedings opens a second phase investigation with regards to the notified
concentration. The decision is based on Article 6(1)(c) of Council Regulation (EEC) No 4064/89.

The Commission invites interested third parties to submit their observations on the proposed concen-
tration.

In order to be fully taken into account in the procedure, observations should reach the Commission not
later than 15 days following the date of this publication. Observations can be sent by fax (No (32-2)
296 43 01 or 296 72 44) or by post, under reference COMP/M.2201 (cid:151) MAN/Auw(cid:228)rter, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.
Prior notification of a concentration (Case COMP/M.2341 — Banco Popular Español/Fortior Holding) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2001-02-22
Institutions: European Commission
Subjects: European Commission, bank, economic concentration, exchange of information, financial institution, merger control

22.2.2001

EN

Official Journal of the European Communities

C 56/5

Prior notification of a concentration

(Case COMP/M.2341 (cid:151) Banco Popular Espaæol/Fortior Holding)

Candidate case for simplified procedure

(2001/C 56/04)

(Text with EEA relevance)

On 12 February 2001 the Commission received notification of a proposed concentration pursuant to
1.
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the Spanish company, Banco Popular Espaæol (BPE), acquires, within the meaning of Article
3(1)(b) of the Regulation, joint control of the Spanish company, Fortior Holding SA (Fortior), together with
its three current controlling shareholders (i.e. Banque International de Luxembourg, belonging to the
French-Belgian group DEXIA, and two private individuals), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

(cid:151) BPE: general banking activities,

(cid:151) DEXIA: general banking activities,

(cid:151) Fortior: financial assessment, asset management, investment and pension fund management.

3.
On preliminary examination, the Commission finds that the notified concentration could fall within
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. Pursuant
to the Commission Notice on a simplified procedure for treatment of certain concentrations under
Regulation (EEC) No 4064/89 (3), it should be noted that this case is a candidate for treatment under
the procedure set out in the notice.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2341 (cid:151) Banco Popular Espaæol/Fortior Holding, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
(3) OJ C 217, 29.7.2000, p. 32.
WRITTEN QUESTION E-0525/01 by José García-Margallo y Marfil (PPE-DE) to the Commission. Stability pact in Spain.
Date: 2001-02-22
Institutions: European Parliament, Provisional data
Subjects: Spain, budget deficit, civil servant, convergence criteria, pay freeze, public expenditure, stability pact

18.9.2001

EN

Official Journal of the European Communities

C 261 E/137

(2001/C 261 E/147)

WRITTEN QUESTION E-0525/01

by JosØ Garc(cid:237)a-Margallo y Marfil (PPE-DE) to the Commission

(22 February 2001)

Subject: Stability pact in Spain

In 1997, a year before the final choice of the countries which would comprise the EMU, Spain met not
one of the parameters established at Maastricht:

(cid:129) the inflation rate had been fixed as 3,6 % in 1996, well above the average of the best-performing

countries,

(cid:129) the public deficit, which in 1995 had reached its maximum of 7,3 % of GDP, fell to 4,6 % in 1996, a

figure much higher than the 3 % maximum demanded in Maastricht.

Under these conditions, the Spanish Government decided to freeze the salaries of its officials, a decision
which has recently been contested by a ruling handed down by the High Court.

How does the Commission estimate the amount by which public spending and, therefore, the deficit
(assuming constant fiscal pressure) would have risen had the salaries of civil servants been raised to keep
pace with the CPI?

Would the Commission have recommended that Spain join a first wave of EMU, if the salaries of public
workers had been increased in accordance with CPI forecasts?

Answer given by Mr Solbes Mira on behalf of the Commission

(10 April 2001)

The Commission cannot estimate how public expenditure and the government deficit in Spain would have
developed in recent years if public servants(cid:146) wages had increased in line with Consumer Price Index (CPI)
inflation. In such an event, the government could have varied other budgetary items of both revenue and
expenditure. There is thus little value in answering a hypothetical question regarding Spain(cid:146)s participation
in the Economic and Monetary Union (EMU).

(2001/C 261 E/148)

WRITTEN QUESTION E-0529/01

by Alejandro Agag Longo (PPE-DE) to the Commission

(22 February 2001)

Subject: The economic situation

On 18 January 2001, Commissioner Solbes stated that (cid:145)a two percentage point fall of GDP in the USA
means a 0,15 % reduction in the Community(cid:146)s GDP(cid:146).

What econometric model underpins this claim?

Answer given by Mr Solbes Mira on behalf of the Commission

(17 April 2001)

The figures mentioned in the question refer only to the direct trade impact on the Community economy of
a slowing in the United States economy. The United States is the most important export market for the
Community. On 1999 figures, exports to the United States represent some 24,1 % of extra-Community
exports. However, as the Community is a relatively closed area, the same amount of exports is worth only
2,3 % of Community gross domestic product (GDP).
Non-opposition to a notified concentration (Case COMP/M.2172 — Babcock Borsig/MG Technologies/SAP Markets/ec4ec) (Text with EEA relevance)
Date: 2001-02-22
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

22.2.2001

EN

Official Journal of the European Communities

C 56/7

Non-opposition to a notified concentration

(Case COMP/M.2172 (cid:151) Babcock Borsig/MG Technologies/SAP Markets/ec4ec)

(2001/C 56/06)

(Text with EEA relevance)

On 7 november 2000 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 (EEC) No 4064/89. The full text of the decision is only available in German and will be
made public after it is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CDE(cid:146) version of the CELEX database, under document No 300M2172. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations (OP/A/4-B),
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 424 55, fax (352) 29 29 427 63.

Non-opposition to a notified concentration

(Case COMP/M.1381 (cid:151) Imetal/English China Clays)

(2001/C 56/07)

(Text with EEA relevance)

On 26 April 1999 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(2) of Council Regulation (EEC)
No 4064/89. The full text of the decision is only available in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 399M1381. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations (OP/A/4-B),
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 424 55, fax (352) 29 29 427 63.
Commission Regulation (EC) No 357/2001 of 22 February 2001 fixing production refunds on cereals and rice
Date: 2001-02-22
Institutions: European Commission
Subjects: cereals, production refund, rice

L 53/10

EN

Official Journal of the European Communities

23.2.2001

COMMISSION REGULATION (EC) No 357/2001

of 22 February 2001

fixing production refunds on cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992, on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Article 7 (3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (3), as last amended by Regulation (EC) No 1667/2000 (4),
and in particular Article 7(2) thereof,

Having regard to Commission Regulation (EEC) No 1722/93 of
30 June 1993 laying down detailed rules for the arrangements
concerning production refunds
and rice
sectors (5), as last amended by Regulation (EC) No 87/1999 (6),
and in particular Article 3 thereof,

in the

cereals

Whereas:

(1)

Regulation (EEC) No 1722/93 establishes the conditions
for granting the production refund; whereas the basis for
the calculation is established in Article 3 of the said
Regulation; whereas the refund thus calculated must be

(2)

(3)

fixed once a month and may be altered if the price of
maize and/or wheat changes significantly.

The production refunds to be fixed in this Regulation
should be adjusted by the coefficients listed in the
Annex II to Regulation (EEC) No 1722/93 to establish
the exact amount payable.

The Management Committee for Cereals has not deliv-
ered an opinion within the time limit
set by its
chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The refund referred to in Article 3(2) of Regulation (EEC) No
1722/93, expressed per tonne of starch extracted from maize,
wheat, barley, oats, potatoes, rice or broken rice, shall be
EUR 7,44/t.

This Regulation shall enter into force on 23 February 2001.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 329, 30.12.1995, p. 18.
(4) OJ L 193, 29.7.2000, p. 3.
(5) OJ L 159, 1.7.1993, p. 112.
(6) OJ L 9, 15.1.1999, p. 8.
Commission Regulation (EC) No 354/2001 of 22 February 2001 derogating, for the 2000/2001 marketing year, from Article 8(1) of Regulation (EEC) No 1164/89 laying down detailed rules concerning the aid for fibre flax and hemp
Date: 2001-02-22
Institutions: European Commission
Subjects: aid per hectare, atmospheric conditions, flax, hemp, production aid

L 53/4

EN

Official Journal of the European Communities

23.2.2001

COMMISSION REGULATION (EC) No 354/2001

of 22 February 2001

derogating, for the 2000/2001 marketing year, from Article 8(1) of Regulation (EEC) No 1164/89
laying down detailed rules concerning the aid for fibre flax and hemp

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1308/70 of 29
June 1970 on the common organisation of the market in flax
and hemp (1), as last amended by Regulation (EC) No 2826/
2000 (2), and in particular Article 4(5) thereof,

Whereas:

(1)

For the purposes of granting the aid for flax and hemp
referred to in Article 4 of Regulation (EEC) No 1308/70,
Article 8(1) of Commission Regulation (EEC) No 1164/
89 of 28 April 1989 laying down detailed rules
concerning the aid for fibre flax and hamp (3), as last
amended by Regulation (EC) No 1313/2000 (4), sets a
for lodging aid applications for flax and
time limit
hemp. Exceptional weather conditions during the 2000/
2001 marketing year have delayed the harvest in several
areas. To take account of this particular situation, the
time limit for submitting aid applications for the 2000/
2001 marketing year harvest should be extended.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Flax and Hemp,

HAS ADOPTED THIS REGULATION:

Article 1

The first subparagraph of Article 8(1) of Regulation (EEC) No
1164/89 notwithstanding, for the 2000/2001 marketing year
Member States may authorise flax and/or hamp growers to
lodge, by 30 April 2001 at the latest, their aid applications for
areas which, because of exceptional weather conditions, could
not be harvested before 30 November 2000 in the case of flax
and 31 December 2000 in the case of hemp.

Member States shall establish a control system to check that
the delay in harvesting is solely due to the exceptional condi-
tions mentioned above and shall inform the Commission of the
measures taken.

Article 2

This Regaltion shall enter into force on the third day following
its publication in the Official Journal of the European Communities.

It shall apply from 1 August 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 146, 4.7.1970, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 121, 29.4.1989, p. 4.
(4) OJ L 148, 22.6.2000, p. 34.
Commission Regulation (EC) No 362/2001 of 22 February 2001 fixing the maximum export refund on rye in connection with the invitation to tender issued in Regulation (EC) No 1740/2000
Date: 2001-02-22
Institutions: European Commission
Subjects: award of contract, export licence, export refund, rye, third country

L 53/16

EN

Official Journal of the European Communities

23.2.2001

COMMISSION REGULATION (EC) No 362/2001

of 22 February 2001

fixing the maximum export refund on rye in connection with the invitation to tender issued in
Regulation (EC) No 1740/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2),

Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for the
application of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (3),
as last amended by Regulation (EC) No 2513/98 (4), and in
particular Article 7 thereof,

Whereas:

(1)

(2)

An invitation to tender for the refund for the export of
rye to all
to
Commission Regulation (EC) No 1740/2000 (5).

third countries was opened pursuant

Article 7 of Regulation (EC) No 1501/95 provides that
the Commission may, on the basis of the tenders noti-
fied,
in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92, decide to fix

a maximum export refund taking account of the criteria
referred to in Article 1 of Regulation (EC) No 1501/95.
In that case a contract is awarded to any tenderer whose
bid is equal to or lower than the maximum refund.

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the cereal in question results
the
in the maximum export refund being fixed at
amount specified in Article 1.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 16 to 22 February 2001, pursuant to
the invitation to tender issued in Regulation (EC) No 1740/
2000, the maximum refund on exportation of rye shall be
EUR 38,98/t.

This Regulation shall enter into force on 23 February 2001.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16.
(5) OJ L 199, 5.8.2000, p. 3.