Notification according to Article 95(4) of the EC Treaty — Request for authorisation to maintain national provisions incompatible with a Community Harmonisation Measure (Text with EEA relevance)
Date: 2003-04-26
Institutions: European Commission
Subjects: Netherlands, derogation from EU law, environmental protection, marketing, paraffin, public health

C 100/20

EN

Official Journal of the European Union

26.4.2003

Notification according to Article 95(4) of the EC Treaty

Request for authorisation to maintain national provisions incompatible with a Community
Harmonisation Measure

(2003/C 100/07)

(Text with EEA relevance)

1. By letter of 17 January 2003, the Government of the Kingdom of the Netherlands, pursuant to Article
95(4) of the EC Treaty, notified to the Commission its national provisions concerning the use of Short
Chain Chlorinated Paraffins (SCCP) with a view to maintaining them, by way of derogation from the
provisions of Directive 2002/45/EC (1) of the European Parliament and of the Council amending for the
twentieth time Council Directive 76/769/EEC (2) relating to restrictions on the marketing and use of
certain dangerous substances and preparations (short-chain chlorinated paraffins). The Commission
received the Dutch notification on 21 January 2003.

2. Article 95(4) provides that ‘if, after the adoption by the Council or by the Commission of a harmon-
isation measure, a Member State deems it necessary to maintain national provisions on grounds of
major needs referred to in Article 30, or relating to the protection of the environment or the working
environment, it shall notify the Commission of these provisions as well as the grounds for maintaining
them’.

3. According to Article 95(6), ‘the Commission shall, within six months of the notification approve or
reject the national provisions involved after having verified whether or not they are a means of
arbitrary discrimination or a disguised restriction to trade between Member States and whether or
not they shall constitute an obstacle to the functioning of the internal market’.

4. The national provisions (3) implement Parcom Decision 95/1 of June 1995 on the Phasing out of
SCCPs, which was in turn taken in the framework of the Convention for the Prevention of Marine
Pollution from Land-Based Sources (OSPAR Convention). They prohibit the use of SCCP in three
applications, i.e. as plasticisers in paints, coatings or sealants, in metal-working fluids and as flame-
retardant in rubber, plastics or textiles, with certain limited temporary derogations.

5. The Dutch Government deems it necessary to maintain its national provisions on grounds of human
health and environmental protection and, to this effect, refers to a study on the ecotoxicological effects
of chlorinated paraffins (4). The Dutch Government also indicates that the maintenance of those
provisions is necessary to allow the Kingdom of the Netherlands to continue to comply with the
obligations arising from the OSPAR Convention as well as Decision 95/1, to which it is a contracting
party.

6. The Commission reminds interested parties that possible observations on the Dutch notification
received later than one month after the publication of this Notice in the Official
the
European Union are in principle unlikely to be considered. Furthermore, the Commission reserves the
right to communicate any observations that may be submitted to it to the Kingdom of the Netherlands.

Journal of

(1) OJ L 177, 6.7.2002, p. 21.
(2) OJ L 262, 27.9.1967, p. 201.
(3) Decision of 3 November 1999 laying down rules prohibiting the use of short-chain chlorinated paraffins (Chlor-
inated Paraffins Decision, Chemical Substances Act (WMS)), Staatsblad van het Koninkrijk der Nederlanden, Jaargang
1999, 478.

(4) ‘Ecotoxicological advice on chlorinated paraffins’, D. F. Kalf and E. J. van de Plassche, February 1996 (carried out on
behalf of the Directorate for Environmental Protection, Directorate for Chemicals, External Safety, and Radiation
Protection within the framework of project ‘Existing chemicals: National Program (MAP Milieu, Bestaande Stoffen
Nationaal, nr. 601503)’).

26.4.2003

EN

Official Journal of the European Union

C 100/21

7. Further information regarding the notification can be obtained from:

Janine van Aalst (tel. (31-70) 351 93 06),
Wini Broadbelt (tel. (31-70) 351 83 68)

Contact point in the European Commission:

Giovanni Indirli
European Commission
Directorate-General ‘Enterprise’
Unit E3 ‘Chemicals’
AN 88 4/39
B-1049 Brussels
tel. (32-2) 295 12 65
fax (32-2) 295 02 81
e-mail: giovanni.indirli@cec.eu.int

Prior notification of a concentration

(Case COMP/M.3130 — Arla Foods/Express Dairies)

(2003/C 100/08)

(Text with EEA relevance)

1.
On 16 April 2003 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 Arla Foods amba (Arla Foods), Denmark, acquires, within the meaning of Article
3(1)(b) of the Regulation, control of the whole of the undertaking Express Dairies plc (Express Dairies),
United Kingdom, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Arla Foods: production and supply of various dairy products such as fresh milk, butter and cheese

primarily in Denmark, Sweden and the United Kingdom,

— Express Dairies: production and supply of various dairy products primarily fresh liquid milk and cream

in the United Kingdom.

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.3130 — Arla Foods/Express Dairies, 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.