do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.2826 — Ahlsen/E.ON.JV) (Text with EEA relevance)
Date: 2002-07-26
Institutions: European Commission
Subjects: cement, coal, concrete, economic concentration, energy production, exchange of information, merger control, wholesale selling

C 178/2

EN

Official Journal of the European Communities

26.7.2002

Prior notification of a concentration

(Case COMP/M.2826 — Ahlsen/E.ON.JV)

(2002/C 178/02)

(Text with EEA relevance)

1.
On 12 July 2002 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the German undertakings Ahlsen AG (Ahlsen), belonging to Holcim Ltd, and E.ON Kraftwerke
GmbH (EKW) acquire, within the meaning of Article 3(1)(b) of the Regulation,
joint control of the
undertaking BauMineral Herten GmbH (BauMineral) by way of purchase of securities.

2.

The business activities of the undertakings concerned are:

— Ahlsen: Production of cement and concrete,

— EKW: Generation of energy,

— BauMineral: Wholesale of hard coal fly ash.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

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.2826 — Ahlsen/E.ON.JV, to:

European Commission,
Directorate-General for Competition,
Directorate B — Merger Task Force,
J-70,
B-1049 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.
Commission Regulation (EC) No 1371/2002 of 26 July 2002 fixing the maximum purchasing price for butter for the 55th invitation to tender carried out under the standing invitation to tender governed by Regulation (EC) No 2771/1999
Date: 2002-07-26
Institutions: European Commission
Subjects: award of contract, butter, maximum price, purchase price

27.7.2002

EN

Official Journal of the European Communities

L 198/41

COMMISSION REGULATION (EC) No 1371/2002

of 26 July 2002

fixing the maximum purchasing price for butter for the 55th invitation to tender carried out under
the standing invitation to tender governed by Regulation (EC) No 2771/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Commission Regula-
tion (EC) No 509/2002 (2), and in particular Article 10 thereof,

Whereas:

(1)

Article 13 of Commission Regulation (EC) No 2771/
1999 of 16 December 1999 laying down detailed rules
for the application of Council Regulation (EC) No 1255/
1999 as regards intervention on the market in butter
and cream (3), as last amended by Regulation (EC) No
1614/2001 (4), provides that, in the light of the tenders
received for each invitation to tender, a maximum
buying-in price is to be fixed in relation to the interven-
tion price applicable and that it may also be decided not
to proceed with the invitation to tender.

(2)

(3)

As a result of
buying-in price should be fixed as set out below.

the tenders received,

the maximum

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 55th invitation to tender issued under Regulation (EC)
No 2771/1999, for which tenders had to be submitted not later
than 23 July 2002, the maximum buying-in price is fixed at
295,38 EUR/100 kg.

Article 2

This Regulation shall enter into force on 27 July 2002.

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

Done at Brussels, 26 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 333, 24.12.1999, p. 11.
(4) OJ L 214, 8.8.2001, p. 20.
WRITTEN QUESTION E-2315/02 by Ole Krarup (GUE/NGL) to the Council. Legal basis of the framework decision on combating racism.
Date: 2002-07-26
Institutions: European Parliament, Provisional data
Subjects: drafting of EU law, legal basis, legal methodology, racism, xenophobia

C 155 E/10

Official Journal of the European Union

EN

3.7.2003

The German Monopoly Commission, by weighing up the severe restrictions on competition with the
3.
public interest arguments put forward by E.ON, reached the conclusion that ministerial approval should
not be granted. In the context of its opinion, the German Monopoly Commission also discussed possible
remedies such as unbundling and a divestiture of Thüga AG, a subsidiary of E.ON, which holds stakes in
130 local and regional utility companies.

The Commission is not in a position to comment on the underlying reasons for the ministerial

4.
approval.

The ministerial approval was granted for a specific merger case. Future mergers in the energy sector

5.
have to judged on the basis of the merits of each case.

6.
The procedure in this case was based on German Cartel Law and carried out by the German
authorities in the framework of their own policy. The Commission has no indication that this case had
(has) Community dimension within the meaning of the European Merger Regulation (1) and that it had
thus jurisdiction to deal with it.

(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between

undertakings (cid:1) OJ L 395, 30.12.1989 (whole text republished in OJ L 257, 21.9.1990).

(2003/C 155 E/010)

WRITTEN QUESTION E-2315/02

by Ole Krarup (GUE/NGL) to the Council

(26 July 2002)

Subject: Legal basis of the framework decision on combating racism

Could the Council please state its view of the legal basis selected for the proposal for a framework decision
on combating racism and xenophobia (1), in particular in the light of Article 31(e), because this provision
does not mention ‘racism and xenophobia’ as a subject for legislation pursuant to that article.

Article 31(e) relates solely to ‘organised crime, terrorism and illicit drug trafficking’. Has the Council’s Legal
Service given an opinion on this issue? Please attach any such opinions to your answer.

(1) COM(2001) 664 (cid:1) OJ C 75 E, 26.3.2002, p. 269.

Reply

(4 March 2003)

The Council informs the Honourable Member of the European Parliament that the framework decision on
combating racism and xenophobia, for which the Commission proposes Article 31(e) TEU as the legal
basis, is still being discussed within the Council.

(2003/C 155 E/011)

WRITTEN QUESTION E-2317/02

by Ole Krarup (GUE/NGL) to the Council

(26 July 2002)

Subject: Framework decisions and freedom of choice

In the light of current proposals for ‘framework decisions’ (cid:1) in particular the proposal for a framework
decision on the European arrest warrant (1), and the proposal for a framework decision on combatting
racism and xenophobia (2), I would be glad if the Council could explain how it understands the detailed
conditions for the use of ‘framework decisions’.
Corrigendum to the competent national authorities referred to in Article 2(b) of Council Regulation (EC) No 1338/2001 (OJ C 173 of 19.7.2002)
Date: 2002-07-26
Institutions: European Central Bank
Subjects: euro, fraud, industrial counterfeiting, paper money

C 178/24

EN

Official Journal of the European Communities

26.7.2002

CORRIGENDA

Corrigendum to the call for proposals issued by the Commission of the European Communities for the
co-financing in 2002 and 2003 of decentralised cooperation activities in the developing countries (Council
Regulation (EC) No 1659/98 of 17 July 1998, amended and extended by the Regulation (EC) No 955/2002 of
the European Parliament and of the Council of 13 May 2002)

(Official Journal of the European Communities C 165 of 11 July 2002)

(2002/C 178/08)

On page 42, point 7 is replaced by the following:

‘7. Eligibility: who may apply?

For this call for proposals organisations that have their headquarters in the European Union and/or in a developing
country are eligible, i.e. local authorities, NGO's, indigenous people's organisations, professional associations and
local initiative groups, cooperatives, trade unions, women's or youth organisations, educational, cultural and research
organisations or institutions, churches and any non-governmental association likely to contribute to development.’.

Corrigendum to the competent national authorities referred to in Article 2(b) of Council Regulation (EC) No
1338/2001

(Official Journal of the European Communities C 173 of 19 July 2002)

(2002/C 178/09)

On page 2, in the title:

for:

‘EUROPEAN CENTRAL BANK’,

read:

‘COMMISSION

EUROPEAN CENTRAL BANK’.
Commission Regulation (EC) No 1374/2002 of 26 July 2002 determining to what extent applications for the right to import for cows and heifers of certain mountain breeds lodged under Regulation (EC) No 1143/98 can be met
Date: 2002-07-26
Institutions: European Commission
Subjects: CCT duties, cow, heifer, import, tariff quota

L 198/44

EN

Official Journal of the European Communities

27.7.2002

COMMISSION REGULATION (EC) No 1374/2002

of 26 July 2002

determining to what extent applications for the right to import for cows and heifers of certain
mountain breeds lodged under Regulation (EC) No 1143/98 can be met

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

Having regard to Commission Regulation (EC) No 1143/98 of
2 June 1998 laying down detailed rules for a tariff quota for
cows and heifers of specified mountain breeds originating in
various third countries, other than for slaughter and amending
Regulation (EC) No 1012/98 (1), as last amended by Regulation
(EC) No 1096/2001 (2), and in particular Article 5(1) thereof,

Whereas:

(1)

(2)

Article 2(2) of Regulation (EC) No 1143/98 provides for
the quantities reserved to traditional
importers to be
assigned in proportion to their imports during the period
1 July 1999 to 30 June 2002.

Allocation of
the quantities available to operators
covered by Article 2(3) of the abovementioned Regula-
tion is to be made in proportion to the quantities applied

for. Since the quantities applied for exceed those avail-
able, a fixed percentage reduction should be set,

HAS ADOPTED THIS REGULATION:

Article 1

Every application for the right to import lodged in accordance
with Regulation (EC) No 1143/98 shall be granted to the
following extent:

(a) for importers covered by Article 2(1)(a) of Regulation (EC)
No 1143/98, 39,727 % of the quantities imported during
the period 1 July 1999 to 30 June 2002;

(b) for importers covered by Article 2(1)(b) of Regulation (EC)

No 1143/98, 5,384 % of the quantities applied for.

This Regulation shall enter into force on 27 July 2002.

Article 2

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

Done at Brussels, 26 July 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 159, 3.6.1998, p. 14.
(2) OJ L 150, 6.6.2001, p. 33.
WRITTEN QUESTION E-2325/02 by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission. Equal access to fisheries resources for all Member States.
Date: 2002-07-26
Institutions: European Parliament, Provisional data
Subjects: EU Member State, Portugal, Spain, authorised catch, catch quota, common fisheries policy, fishing regulations

C 309 E/224

Official Journal of the European Communities

EN

12.12.2002

(2002/C 309 E/256)

WRITTEN QUESTION E-2325/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

Subject: Equal access to fisheries resources for all Member States

(26 July 2002)

In the reply which Mr Fischler, Commissioner, gave to Question H-0476/02 (1) during Question Time at
the European Parliament’s 2 July 2002 plenary sitting in Strasbourg, he implied that, with effect from
1 January 2003, the same laws would apply to all the Member States (including Spain and Portugal), as
would the same principles for determining TACs and quotas and allowing access to Community waters.

Will the Commission say whether or not Mr Fischler’s words meaning that with effect from 1 January
2003, both Spain and Portugal will have free access to fisheries resources within Community waters under
the same terms and conditions as the other Member States (i.e. without any discrimination whatsoever)?

(1) Oral reply of 2 July 2002.

Answer given by Mr Fischler on behalf of the Commission

(3 September 2002)

The expiry of the transitional period laid down in the 1985 Act of Accession means that, with effect from
1 January 2003:

(cid:1) fishing vessels from Member States that were excluded from certain parts of Community waters, such

as the North Sea, will have free access to those waters;

(cid:1) those vessels may fish for species that are not subject to catch limitations and quota allocations under

the Common Fisheries Policy;

(cid:1) the allocation by the Community of new fishing opportunities in those waters (i.e. those not already
allocated) will take into account the interests of all Member States,
in accordance with Article 8,
paragraph 4 (iii) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a
Community system for fisheries and aquaculture (1).

(1) OJ L 389, 31.12.1992.

(2002/C 309 E/257)

WRITTEN QUESTION E-2337/02

by Glyn Ford (PSE) to the Commission

(26 July 2002)

Subject: Circus animals

The very nature of travelling circuses and menageries means that proper enriched enclosures and exercise
facilities for animals can never be provided, and legislation cannot define suitable conditions. Does the
Commission agree that it would be much easier and more easily enforceable if a complete ban on the use
of performing animals in circuses was imposed? In the short term this may mean some animals will have
to be given to sanctuaries or even killed. In the long term there will be no more double (or triple)
standards in animal welfare laws, with one set of standards for pets, another for farm animals and yet
another for performing animals.
Prior notification of a concentration (Case COMP/M.2832 — General Motors/Daewoo Motors) (Text with EEA relevance)
Date: 2002-07-26
Institutions: European Commission
Subjects: aerospace industry, economic concentration, exchange of information, financial institution, insurance, merger control, motor vehicle industry, telecommunications, vehicle parts

26.7.2002

EN

Official Journal of the European Communities

C 178/3

Prior notification of a concentration

(Case COMP/M.2832 — General Motors/Daewoo Motors)

(2002/C 178/03)

(Text with EEA relevance)

1.
On 20 June 2002 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertaking General Motors Corporation (GM, US) acquires, within the meaning of Article
3(1)(b) of the Regulation, control of parts of the undertaking Daewoo Motor Company Ltd (Daewoo,
Korea), by way of purchase of assets through a newly created company.

2.

The business activities of the undertakings concerned are:

— GM: Design, manufacture, marketing and supply of automotive vehicles, and interests in telecommuni-
cations, aerospace and defence, financial and insurance services, locomotives, automotive systems and
heavy-duty automatic transmissions,

— Daewoo: Design, manufacture, marketing and supply of automotive vehicles.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

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.2832 — General Motors/Daewoo Motors, to:

European Commission,
Directorate-General for Competition,
Directorate B — Merger Task Force,
J-70,
B-1049 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.
Commission Regulation (EC) No 1366/2002 of 26 July 2002 amending Regulation (EC) No 1557/2001 laying down detailed rules for the application of Council Regulation (EC) No 814/2000 on information measures relating to the common agricultural policy
Date: 2002-07-26
Institutions: European Commission
Subjects: EU financing, action programme, common agricultural policy, information, public awareness campaign

27.7.2002

EN

Official Journal of the European Communities

L 198/29

COMMISSION REGULATION (EC) No 1366/2002

of 26 July 2002

amending Regulation (EC) No 1557/2001 laying down detailed rules for the application of Council
Regulation (EC) No 814/2000 on information measures relating to the common agricultural policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 814/2000 of 17
April 2000 on information measures relating to the common
agricultural policy (1), and in particular Article 9 thereof,

Whereas:

(1)

Commission Regulation (EC) No 1557/2001 of 30 July
2001 laying down detailed rules for the application of
Council Regulation (EC) No 814/2000 on information
measures relating to the common agricultural policy (2)
provides for a call for proposals to ensure that the grants
offered under Regulation (EC) No 814/2000 receive the
widest publicity and the best measures are selected. The
call must be published no later than 31 July each year.
For administrative reasons this date should be postponed
by three months.

(2)

(3)

Regulation (EC) No 1557/2001 should be amended
accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

In Article 2 of Regulation (EC) No 1557/2001,
replaced by ‘31 October’.

‘31 July’

is

Article 2

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

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

Done at Brussels, 26 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 100, 20.4.2000, p. 7.
(2) OJ L 205, 31.7.2001, p. 25.
Commission Regulation (EC) No 1373/2002 of 26 July 2002 fixing the maximum buying-in price for skimmed-milk powder for the third invitation to tender carried out under the standing invitation to tender governed by Regulation (EC) No 214/2001
Date: 2002-07-26
Institutions: European Commission
Subjects: award of contract, maximum price, purchase price, skimmed milk powder

27.7.2002

EN

Official Journal of the European Communities

L 198/43

COMMISSION REGULATION (EC) No 1373/2002

of 26 July 2002

fixing the maximum buying-in price for skimmed-milk powder for the third invitation to tender
carried out under the standing invitation to tender governed by Regulation (EC) No 214/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Commission Regula-
tion (EC) No 509/2002 (2), and in particular Article 10 thereof,

Whereas:

(1)

Article 17 of Commission Regulation (EC) No 214/2001
of 12 January 2001 laying down detailed rules for the
application of Council Regulation (EC) No 1255/1999 as
in skimmed-milk
regards intervention on the market
powder (3) provides that,
the tenders
received for each invitation to tender, a maximum
buying-in price is to be fixed by reference to the inter-
vention price applicable and that it may also be decided
to make no award under the round.

in the light of

(2)

(3)

As a result of
buying-in price should be fixed as set out below.

the tenders received,

the maximum

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

HAS ADOPTED THIS REGULATION:

Article 1

For the third invitation to tender issued under Regulation (EC)
No 214/2001, for which tenders had to be submitted not later
than 23 July 2002, the maximum buying-in price shall be
EUR 198,33/100 kg.

This Regulation shall enter into force on 27 July 2002.

Article 2

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

Done at Brussels, 26 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 37, 7.2.2001, p. 100.
Commission Regulation (EC) No 1363/2002 of 26 July 2002 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2002-07-26
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, perennial vegetable, pip fruit, stone fruit

L 198/24

EN

Official Journal of the European Communities

27.7.2002

COMMISSION REGULATION (EC) No 1363/2002

of 26 July 2002

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

In compliance with the above criteria,
the standard
import values must be fixed at the levels set out in the
Annex to this Regulation,

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
import arrangements
last
amended by Regulation (EC) No 1498/98 (2), and in particular
Article 4(1) thereof,

fruit and vegetables (1), as

for

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade nego-
tiations, the criteria whereby the Commission fixes the
standard values for imports from third countries,
in
respect of the products and periods stipulated in the
Annex thereto.

The standard import values referred to in Article 4 of Regula-
tion (EC) No 3223/94 shall be fixed as indicated in the Annex
hereto.

Article 2

This Regulation shall enter into force on 27 July 2002.

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

Done at Brussels, 26 July 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66.
(2) OJ L 198, 15.7.1998, p. 4.

27.7.2002

EN

Official Journal of the European Communities

L 198/25

to the Commission Regulation of 26 July 2002 establishing the standard import values for determining the entry
price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0806 10 10

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

0809 10 00

0809 20 95

0809 30 10, 0809 30 90

0809 40 05

Third country
code (1)

Standard import
value

(EUR/100 kg)

052
064
096
999
052
999
052
999
388
524
528
999
052
220
508
512
600
624
999
388
400
404
508
512
524
528
720
800
804
999
388
512
528
804
999
052
064
999
052
400
404
616
999
052
064
999
064
624
999

85,0
75,1
30,6
63,6
83,4
83,4
72,7
72,7
60,8
72,9
55,9
63,2
141,2
119,5
86,5
89,8
144,5
234,7
136,0
88,8
106,8
94,8
77,7
92,0
62,5
70,5
143,5
99,9
99,7
93,6
87,0
86,5
70,2
114,1
89,5
142,5
171,1
156,8
391,5
263,4
251,5
281,4
296,9
126,0
88,7
107,3
62,6
157,7
110,1

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2020/2001 (OJ L 273, 16.10.2001, p. 6). Code ‘999’ stands for ‘of

other origin’.