do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.2818 — Nestlé/Fonterra/JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2002-12-05
Institutions: European Commission
Subjects: beverage industry, economic concentration, exchange of information, foodstuff, merger control, milk, milk product

C 301/4

EN

Official Journal of the European Communities

5.12.2002

Prior notification of a concentration

(Case COMP/M.2818 — Nestlé/Fonterra/JV)

Candidate case for simplified procedure

(2002/C 301/03)

(Text with EEA relevance)

On 22 November 2002 the Commission received notification of a proposed concentration pursuant
1.
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as
last amended by Regulation (EC)
No 1310/97 (2), by which the undertakings Nestlé SA (Nestlé, Switzerland) and Fonterra Cooperative
Group Limited (Fonterra, New Zealand), will acquire, within the meaning of Article 3(1)(b) of the Regu-
lation, joint control of a number of newly created companies constituting joint ventures (JVs) located in a
limited number of countries in South and Central America, the Caribbean and the NAFTA countries by
way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Nestlé: production, marketing and sale of a large variety of food products such as dairy products,
soluble coffee, roast and ground coffee, mineral water, beverages, cereals, instant and frozen foods, diet
and culinary products, ice creams, chocolate and pet care,

— Fonterra: manufacturing and supply of dairy ingredients for the production of milk food and beverages,
including milk and whey proteins, milk powders, cream products, cheese and cheese ingredients,

— JVs: manufacture and selling of:

(i) chilled dairy products, such as yoghurts, dairy desserts, short
shelf-life fermented and cultured drinks, short shelf-life cream and cream cheese and (ii) liquid milk
products such as pasteurised, flavoured, long shelf-life processed milks and UHT cream.

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.2818 — Nestlé/Fonterra/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.
(3) OJ C 217, 29.7.2000, p. 32.
Euro exchange rates
Date: 2002-12-05
Institutions: European Commission
Subjects: euro, exchange rate

5.12.2002

EN

Official Journal of the European Communities

C 301/1

I

(Information)

COMMISSION

Euro exchange rates (1)

4 December 2002

(2002/C 301/01)

1 euro =

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

Currency

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Exchange
rate

1,0018

124,75

7,4263

0,6367

9,0543

1,4721

85,1

7,2655

1,955

LVL

MTL

PLN

ROL

SIT

SKK

TRL

AUD

CAD

Currency

Latvian lats

Maltese lira

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

0,57303

HKD

Hong Kong dollar

31,135

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6016

0,4146

3,991

33675

229,8615

41,854

1553000

1,7854

1,5607

7,8125

2,0012

1,7735

237,21

KRW

South Korean won

1218,64

3,4525

ZAR

South African rand

9,2377

___________
(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 2160/2002 of 5 December 2002 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2002-12-05
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit

6.12.2002

EN

Official Journal of the European Communities

L 330/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 2160/2002

of 5 December 2002

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(2)

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 1947/2002 (2), and in parti-
cular 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 6 December 2002.

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

Done at Brussels, 5 December 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66.
(2) OJ L 299, 1.11.2002, p. 17.

L 330/2

EN

Official Journal of the European Communities

6.12.2002

to the Commission Regulation of 5 December 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 10 10, 0805 10 30, 0805 10 50

0805 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
999

052
204
628
999

052
204
999

052
388
624
999

052
204
999

052
464
999

052
600
999

060
400
404
720
800
999

052
400
720
999

70,3
82,9
76,6

103,8
111,0
196,3
137,0

92,9
84,8
88,8

62,4
56,0
65,9
61,4

74,8
76,7
75,8

63,9
139,5
101,7

59,0
80,9
70,0

28,7
90,0
104,5
107,7
166,0
99,4

144,8
117,9
63,7
108,8

(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’.
Commission Regulation (EC) No 2164/2002 of 5 December 2002 fixing the maximum export refund for white sugar for the 18th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1331/2002
Date: 2002-12-05
Institutions: European Commission
Subjects: award of contract, export levy, export refund, marketing, white sugar

6.12.2002

EN

Official Journal of the European Communities

L 330/11

COMMISSION REGULATION (EC) No 2164/2002

of 5 December 2002

fixing the maximum export refund for white sugar for the 18th partial invitation to tender issued
within the framework of the standing invitation to tender provided for in Regulation (EC) No
1331/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1), as amended by Commission Regulation (EC)
No 680/2002 (2), and in particular Article 27(5) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 1331/2002 of 23 July
2002 on a standing invitation to tender to determine
levies and/or refunds on exports of white sugar (3), for
the 2002/2003 marketing year, requires partial
invita-
tions to tender to be issued for the export of this sugar.

Pursuant to Article 9(1) of Regulation (EC) No 1331/
2002 a maximum export refund shall be fixed, as the
case may be, account being taken in particular of the
state and foreseeable development of the Community
and world markets in sugar, for the partial invitation to
tender in question.

(3)

(4)

Following an examination of the tenders submitted in
invitation to tender, the
response to the 18th partial
provisions set out in Article 1 should be adopted.

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 18th partial invitation to tender for white sugar issued
to Regulation (EC) No 1331/2002 the maximum
pursuant
amount of the export refund is fixed at 46,607 EUR/100 kg.

Article 2

This Regulation shall enter into force on 6 December 2002.

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

Done at Brussels, 5 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 104, 20.4.2002, p. 26.
(3) OJ L 195, 24.7.2002, p. 6.
Prior notification of a concentration (Case COMP/M.3003 — Electrabel/Energia Italiana/Interpower) (Text with EEA relevance)
Date: 2002-12-05
Institutions: European Commission
Subjects: economic concentration, electrical industry, exchange of information, gas, merger control, sale

5.12.2002

EN

Official Journal of the European Communities

C 301/5

Prior notification of a concentration

(Case COMP/M.3003 — Electrabel/Energia Italiana/Interpower)

(2002/C 301/04)

(Text with EEA relevance)

1.
On 26 November 2002 the Commission received a 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 Belgian undertaking Electrabel SA, belonging to the Suez Group, France, and
the Italian undertaking Compagnie Industriali Riunite SpA acquire, within the meaning of Article 3(1)(b) of
the Regulation, joint control of the Italian company Interpower SpA, currently controlled by the Italian
company Enel SpA, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Electrabel: production, trade and transmission of electricity and natural gas,

— Energia: supply of electricity to eligible customers,

— Interpower: generation and sale of electricity.

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.3003 — Electrabel/Energia Italiana/Interpower, 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.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2002-12-05
Institutions: European Commission
Subjects: State aid, agricultural holding, control of State aid, environmental protection, environmental research, flood, fruit

C 301/6

EN

Official Journal of the European Communities

5.12.2002

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

Cases where the Commission raises no objections

(2002/C 301/05)

Date of adoption of the decision: 6.11.2002

Date of adoption of the decision: 6.11.2002

Member State: Netherlands

Aid No: N 129/02

Member State: Germany

Aid No: N 647/02

Title: Amendment of certain measures by the horticultural
marketing board in the fruit sector

Objective: Promotion, research and environmental protection
in the fruit sector

Legal basis: Verordening PT van 14 november 2000, Bijzon-
dere heffing fruit en champignons 2001 en Verordening PT
van 27 november 2001, Bijzondere heffing fruit en champig-
nons 2002

Budget: Maximum EUR 1 500 000

Aid intensity or amount: 100 %

Duration: Unspecified

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Title: Amendment of the framework regulation by the special
programme ‘flood’
the
agrarian structure and the coastal protection’

task ‘improvement of

in the joint

Objective: Assistance
continued existence is at risk due to the floods in 2002

to agricultural

enterprises whose

Legal basis: Sonderprogramm „Hochwasser“ in der Gemein-
schaftsaufgabe „Verbesserung der Agrarstruktur und des Küs-
tenschutzes“

Budget: 2002: EUR 30 million; 2003: EUR 520 million

Aid intensity or amount: Variable

Duration: 2002 up to 2003

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids
Commission Regulation (EC) No 2168/2002 of 5 December 2002 concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 900/2002
Date: 2002-12-05
Institutions: European Commission
Subjects: award of contract, export refund, rye, third country

L 330/18

EN

Official Journal of the European Communities

6.12.2002

COMMISSION REGULATION (EC) No 2168/2002

of 5 December 2002

concerning tenders notified in response to the invitation to tender for the export of rye issued in
Regulation (EC) No 900/2002

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 appli-
cation 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 1163/2002 (4), as
amended by Regulation (EC) No 1324/2002 (5), and in parti-
cular Article 7 thereof,

Whereas:

(1)

An invitation to tender for the refund for the export of
rye to all third countries excluding Hungary, Estonia,
Lithuania and Latvia was opened pursuant to Commis-
sion Regulation (EC) No 900/2002 (6), as amended by
Regulation (EC) No 1632/2002 (7).

(2)

(3)

(4)

Article 7 of Regulation (EC) No 1501/95 allows the
Commission to decide, in accordance with the procedure
laid down in Article 23 of Regulation (EEC) No 1766/92
and on the basis of the tenders notified, to make no
award.

On the basis of the criteria laid down in Article 1 of
Regulation (EC) No 1501/95 a maximum refund should
not be fixed.

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

No action shall be taken on the tenders notified from 29
November to 5 December 2002 in response to the invitation
to tender for the refund for the export of rye issued in Regula-
tion (EC) No 900/2002.

This Regulation shall enter into force on 6 December 2002.

Article 2

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

Done at Brussels, 5 December 2002.

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 170, 29.6.2002, p. 46.
(5) OJ L 194, 23.7.2002, p. 26.
(6) OJ L 142, 31.5.2002, p. 14.
(7) OJ L 247, 14.9.2002, p. 3.
Commission Regulation (EC) No 2173/2002 of 5 December 2002 providing for the rejection of applications for export licences for certain milk products
Date: 2002-12-05
Institutions: European Commission
Subjects: export licence, milk product

L 330/28

EN

Official Journal of the European Communities

6.12.2002

COMMISSION REGULATION (EC) No 2173/2002

of 5 December 2002

providing for the rejection of applications for export licences for certain milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

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

Uncertainty is a feature of the market in certain milk products.
It is necessary to prevent speculative applications that may lead
to a distortion in competition between traders. Applications for
export licences for the products concerned should be rejected,

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),

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 174/1999 of
26 January 1999 laying down special detailed rules for the
application of Council Regulation (EEC) No 804/68 as regards
export licences and export refunds in the case of milk and milk
products (3), as last amended by Regulation (EC) No 1472/
2002 (4), and in particular Article 10(3) thereof,

Applications for export licences for milk products falling within
CN codes 0402 10, 0402 21, and 0402 29 made between 29
November and 4 December 2002 inclusive, shall be rejected.

This Regulation shall enter into force on 6 December 2002.

Article 2

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

Done at Brussels, 5 December 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 219, 14.8.2002, p. 4.
Commission Regulation (EC) No 2170/2002 of 5 December 2002 concerning tenders notified in response to the invitation to tender for the import of maize issued in Regulation (EC) No 2096/2002
Date: 2002-12-05
Institutions: European Commission
Subjects: Spain, award of contract, import, maize, tariff reduction, third country

L 330/20

EN

Official Journal of the European Communities

6.12.2002

COMMISSION REGULATION (EC) No 2170/2002

of 5 December 2002

concerning tenders notified in response to the invitation to tender for the import of maize issued
in Regulation (EC) No 2096/2002

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 12(1) thereof,

(3)

(4)

On the basis of the criteria laid down in Articles 6 and 7
of Regulation (EC) No 1839/95 a maximum reduction in
the duty should not be fixed.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on maize imported into Spain from third coun-
tries was opened pursuant to Commission Regulation
(EC) No 2096/2002 (3).

Article 5 of Commission Regulation (EC) No 1839/
95 (4), as last amended by Regulation (EC) No 2235/
2000 (5), allows the Commission to decide,
in accor-
dance with the procedure laid down in Article 23 of
Regulation (EEC) No 1766/92 and on the basis of the
tenders notified, to make no award.

Article 1

No action shall be taken on the tenders notified from 29
November to 5 December 2002 in response to the invitation
to tender for the reduction in the duty on imported maize
issued in Regulation (EC) No 2096/2002.

Article 2

This Regulation shall enter into force on 6 December 2002.

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

Done at Brussels, 5 December 2002.

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 323, 28.11.2002, p. 40.
(4) OJ L 177, 28.7.1995, p. 4.
(5) OJ L 256, 10.10.2000, p. 13.
WRITTEN QUESTION P-3555/02 by Hans-Peter Martin (PSE) to the Council. Right of regional and local authorities to bring proceedings.
Date: 2002-12-05
Institutions: European Parliament, Provisional data
Subjects: Court of Justice of the European Union, regional and local authorities, right of action

3.7.2003

EN

Official Journal of the European Union

C 155 E/167

(2003/C 155 E/185)

WRITTEN QUESTION E-3547/02

by Michl Ebner (PPE-DE) to the Commission

(11 December 2002)

Subject: Exclusion of interregional associations from EURES

In its Communication of 13 February 2002 to the Council, the European Parliament, the Economic and
Social Committee and the Committee of the Regions on its Action Plan for skills and mobility (1) the
Commission emphasises the European dimension to the labour market and the importance of professional
mobility and flexibility. On the other hand, it is reportedly now considering excluding the 40 Interregional
Trade Union Councils (ITUCs) from EURES, the European Employment Services network.

Are these reports true?

(1) COM(2002) 72 final.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 January 2003)

No. The Commission believes that an active participation of the social partners is crucial for the success of
EURES (cid:1) the network of the Commission, the employment services of the Member States and any further
national partners which they may have. According to the new Commission Decision on EURES that the
Commission has adopted in December (1), the social partners will be represented at European level both in
the High Level Strategy Group and the Working Party. The main principles for the future organisation of
the EURES cross-border partnerships will be established in the EURES Charter. The Commission proposal
foresees that a crossborder partnership comprises the Public Employment Services together with trades
union and employer organisations of all the regions involved.

(1) C(2002)5236 final.

(2003/C 155 E/186)

WRITTEN QUESTION P-3555/02

by Hans-Peter Martin (PSE) to the Council

(5 December 2002)

Subject: Right of regional and local authorities to bring proceedings

On 28 November 2002 the European Parliament’s Committee on Constitutional Affairs adopted a report
by Mr Giorgio Napolitano which demanded that ‘the regional and local authorities which have legislative
powers’ should be given ‘the right to bring proceedings before the European Court of Justice in order to
protect their rights.’

Is the Council able to support this demand?

Reply

(3 March 2003)

As an amendment to the Treaties would be required, it is not for the Council to state a view on this
matter, which is under discussion in the Convention on the future of the European Union.

The Council is kept regularly informed of progress in the Convention’s discussions.

In accordance with Article 48 of the Treaty on European Union,
it will be for the Intergovernmental
Conference convened in 2004 to take the final decisions, taking as a starting point for its discussions the
final document produced by the Convention at the end of its proceedings.