do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3176 — Diageo/Heineken/Olfiltra/JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-06-19
Institutions: European Commission
Subjects: beer, economic concentration, exchange of information, investment company, merger control

C 143/4

EN

Official Journal of the European Union

19.6.2003

Prior notification of a concentration

(Case COMP/M.3176 — Diageo/Heineken/Olfiltra/JV)

Candidate case for simplified procedure

(2003/C 143/04)

(Text with EEA relevance)

On 6 June 2003 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 undertakings Diageo plc,
(Diageo), United Kingdom, and Heineken International BV,
the Netherlands, acting together and Ohlthaver & List Finance and Trading Corporation
(Heineken),
Limited,
joint
control of the undertaking Namibia Breweries Limited, (NBL), Namibia, by way of purchase of shares.

(Olfiltra), Namibia, acquire, within the meaning of Article 3(1)(b) of

the Regulation,

2.

The business activities of the undertakings concerned are:

— Diageo: global consumer company, production, distribution, marketing, exporting and importing of

beer and other spirits, worldwide,

— Heineken: worldwide production, commercialisation and distribution of beer,

— Olfiltra: investment company in Namibia with interests in diverse businesses including fishing, meat,

hotels, dairy, marine engineering, farming, retail and property management and development,

— NBL: brewing, marketing and distribution of beer and some other beverages for the Namibian and

South African markets.

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 simplified procedure for treatment of certain concentrations under Council
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.3176 — Diageo/Heineken/Olfiltra/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.
Commission Regulation (EC) No 1054/2003 of 19 June 2003 concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 936/2003
Date: 2003-06-19
Institutions: European Commission
Subjects: award of contract, barley, export, export refund

L 152/10

EN

Official Journal of the European Union

20.6.2003

COMMISSION REGULATION (EC) No 1054/2003

of 19 June 2003

concerning tenders notified in response to the invitation to tender for the export of barley issued
in Regulation (EC) No 936/2003

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 4 thereof,

Whereas:

(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 13 to 19
June 2003 in response to the invitation to tender for the refund
for the export of barley issued in Regulation (EC) No 936/
2003.

(1)

An invitation to tender for the refund for the export of
barley to certain third countries was opened pursuant to
Commission Regulation (EC) No 936/2003 (6).

This Regulation shall enter into force on 20 June 2003.

Article 2

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

Done at Brussels, 19 June 2003.

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 127, 9.5.2002, p. 11.
Corrigendum to the Twenty-sixth Commission Directive 2002/34/EC of 15 April 2002 adapting to technical progress Annexes II, III and VII to Council Directive 76/748/EEC on the approximation of the laws of the Member States relating to cosmetic products (OJ L 102 of 18.4.2002)
Date: 2003-06-19
Institutions: European Commission
Subjects: approximation of laws, consumer protection, cosmetic product, product quality, public health

L 151/44

EN

Official Journal of the European Union

19.6.2003

CORRIGENDA

Corrigendum to the Twenty-sixth Commission Directive 2002/34/EC of 15 April 2002 adapting to technical
progress Annexes II, III and VII to Council Directive 76/748/EEC on the approximation of the laws of the
Member States relating to cosmetic products

(Official Journal of the European Communities L 102 of 18 April 2002)

On page 25, against reference number 17, column b:

for:
read:

‘2,4-Diamino-5 methylphenetol (CAS No 141614-04-2) and its salts’,
‘2,4-Diamino-5 methyphenetol (CAS No 113715-25-6) and its salts’;

on page 26, against reference number 19, column b:

for:
read:

‘3-Amino-2,4-dichlorophenol (CAS No 61693-42-3) and its salts’,
‘3-Amino-2,4-dichlorophenol (CAS No 61693-43-4) and its salts’;

on page 27, against reference number 31, column b:

for:
read:

‘HC Red No 13 (CAS No 29705-39-3) and its salts’,
‘HC Red No 13 (CAS No 94158-13-1) and its salts’;

on page 28, against reference number 36, column b:

for:
read:

‘2,4-Diaminophenoxyethanol (CAS No 70643-19-5) and its salts’,
‘2,4-Diaminophenoxyethanol (CAS No 66422-95-5) and its salts’;

on page 29, against reference number 45, column b:

for:
read:

‘Acid Black 52 (CAS No 16279-54-2) and its salts’,
‘Acid Black 52 (CAS No 3618-58-4) and its salts’;

on page 30, against reference number 53, column b:

for:
read:

‘HC Blue No 10 (CAS No 173994-75-7) and its salts’,
‘HC Blue No 10 (CAS No 102767-27-1) and its salts’.
Commission Regulation (EC) No 1056/2003 of 19 June 2003 fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1582/2002
Date: 2003-06-19
Institutions: European Commission
Subjects: award of contract, export, export refund, oats

L 152/12

EN

Official Journal of the European Union

20.6.2003

COMMISSION REGULATION (EC) No 1056/2003

of 19 June 2003

fixing the maximum export refund on oats in connection with the invitation to tender issued in
Regulation (EC) No 1582/2002

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 4 thereof,

Having regard to Commission Regulation (EC) No 1582/2002
of 5 September 2002 on a special
intervention measure for
cereals in Finland and Sweden (6), and in particular Article 8
thereof,

Whereas:

(1)

An invitation to tender for the refund for the export of
oats produced in Finland and Sweden for export from
Finland or Sweden to all third countries was opened
pursuant to Regulation (EC) No 1582/2002, except for
Estonia, Lithuania, Latvia und Hungary.

(2)

(3)

(4)

Article 8 of Regulation (EC) No 1582/2002 provides
that the Commission may, on the basis of the tenders
notified, 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.

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

refund being fixed at

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 13 to 19 June 2003, pursuant to the
invitation to tender issued in Regulation (EC) No 1582/2002,
the maximum refund on exportation of oats
shall be
EUR 9,95/t.

This Regulation shall enter into force on 20 June 2003.

Article 2

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

Done at Brussels, 19 June 2003.

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 243, 13.9.2001, p. 15.
Commission Regulation (EC) No 1064/2003 of 19 June 2003 prohibiting fishing for industrial fish by vessels flying the flag of Sweden
Date: 2003-06-19
Institutions: European Commission
Subjects: Sweden, fishing rights, industrial fishing, ship's flag

21.6.2003

EN

Official Journal of the European Union

L 154/51

COMMISSION REGULATION (EC) No 1064/2003

of 19 June 2003

prohibiting fishing for industrial fish by vessels flying the flag of Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy (1), as last amended by Regulation (EC)
No 2846/98 (2), and in particular Article 21(3) thereof,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 2341/2002 of 20 December
2002 fixing for 2003 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for
Community vessels,
in waters where catch limitations
are required (3), lays down quotas for industrial fish for
2003.

In order
to ensure compliance with the provisions
relating to the quantity limits on catches of stocks
subject to quotas, the Commission must fix the date by
which catches made by vessels flying the flag of a
Member State are deemed to have exhausted the quota
allocated.

According to the information received by the Commis-
sion, catches of industrial fish in the waters of ICES divi-
sion IV (Norwegian waters) by vessels flying the flag of

Sweden or registered in Sweden have exhausted the
quota allocated for 2003. Sweden has prohibited fishing
for this stock from 7 June 2003. This date should be
adopted in this Regulation also,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of industrial fish in the waters of ICES division IV
(Norwegian waters) by vessels flying the flag of Sweden or
registered in Sweden are hereby deemed to have exhausted the
quota allocated to Sweden for 2003.

Fishing for industrial fish in the waters of ICES division IV
(Norwegian waters) by vessels flying the flag of Sweden or
registered in Sweden is hereby prohibited, as are the retention
on board, transhipment and landing of this stock caught by the
above vessels after the date of application of this Regulation.

Article 2

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

It shall apply from 7 June 2003.

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

Done at Brussels, 19 June 2003.

For the Commission

Jörgen HOLMQUIST

Director-General of Fisheries

(1) OJ L 261, 20.10.1993, p. 1.
(2) OJ L 358, 31.12.1998, p. 5.
(3) OJ L 356, 31.12.2002, p. 12.