do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3409 — TPG Group/Francisco Partners/SMART JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2004-03-19
Institutions: European Commission
Subjects: computer systems, economic concentration, investment company, merger control, telecommunications

19.3.2004

EN

Official Journal of the European Union

C 69/25

Prior notification of a concentration

(Case COMP/M.3409 — TPG Group/Francisco Partners/SMART JV)

Candidate case for simplified procedure

(2004/C 69/16)

(Text with EEA relevance)

On 8 March 2004, 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 Francisco Partners L.P. (USA) and TPG Advisors III-IV, Inc. T3 Advisors II Inc.
(USA) acquire within the meaning of Article 3(1)(b) of the Regulation joint control of the undertaking
SMART Modular Technologies Inc. (USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Francisco Partners L.P.: technology-focused investment fund investing in public and private, mature or

maturing technology companies.

— TPG III-IV and T3 II: private investment funds.

— SMART: manufacture of memory and communications products for the computing, networking and

telecommunications industries.

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.3409 — TPG Group/Francisco Partners/SMART, to:

European Commission,
Directorate-General for Competition,
Merger Registry,
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.
Decision of the EEA Joint Committee No 31/2004 of 19 March 2004 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2004-03-19
Institutions: EEA Joint Committee
Subjects: EU statistics, data transmission, labour force, wage cost, wage indexing

L 127/142

EN

Official Journal of the European Union

29.4.2004

DECISION OF THE EEA JOINT COMMITTEE

No 31/2004

of 19 March 2004

amending Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particu-
lar Article 98 thereof,

Whereas:

(1)

(2)

Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 14/2004 of
6 February 2004 (1).

Commission Regulation (EC) No 1216/2003 of 7 July 2003 implementing Regulation (EC) No 450/
2003 of the European Parliament and of the Council concerning the labour cost index (2) is to be
incorporated into the Agreement.

(3)

This Decision is not to apply to Liechtenstein,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 18g (Regulation (EC) No 450/2003 of the European Parlia-
ment and of the Council) of Annex XXI to the Agreement:

‘18h. 32003 R 1216: Commission Regulation (EC) No 1216/2003 of 7 July 2003 implementing
Regulation (EC) No 450/2003 of the European Parliament and of the Council concerning the
labour cost index (OJ L 169, 8.7.2003, p. 37).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with
the following adaptation:

This Regulation shall not apply to Liechtenstein.’

Article 2

The texts of Regulation (EC) No 1216/2003 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 20 March 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 19 March 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

(1) OJ L 116, 22.4.2004, p. 66.
(2) OJ L 169, 8.7.2003, p. 37.
(*) No constitutional requirements indicated.
Decision of the EEA Joint Committee No 18/2004 of 19 March 2004 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2004-03-19
Institutions: EEA Joint Committee
Subjects: EU environmental policy, air quality, motor vehicle, motor vehicle pollution, pollution control measures

L 127/120

EN

Official Journal of the European Union

29.4.2004

DECISION OF THE EEA JOINT COMMITTEE

No 18/2004

of 19 March 2004

amending Annex II

(Technical regulations, standards, testing and certification)

to the EEA

Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particu-
lar Article 98 thereof,

Whereas:

(1)

(2)

(3)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 170/2003 of
5 December 2003 (1).

Commission Directive 2003/76/EC of 11 August 2003 amending Council Directive 70/220/EEC
relating to measures to be taken against air pollution by emissions from motor vehicles (2) is to be
incorporated into the Agreement.

Commission Directive 2003/77/EC of 11 August 2003 amending Directives 97/24/EC and 2002/
24/EC of the European Parliament and of the Council relating to the type-approval of two or three-
wheel motor vehicles (3) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Chapter I of Annex II to the Agreement shall be amended as follows:

1. The following indent shall be added in point 3 (Council Directive 70/220/EEC):

‘— 32003 L 0076: Commission Directive 2003/76/EC of 11 August 2003 (OJ L 206, 15.8.2003, p.

29).’

2. The following indent shall be added in point 45x (Directive 97/24/EC of the European Parliament and

of the Council):
‘— 32003 L 0077: Commission Directive 2003/77/EC of 11 August 2003 (OJ L 211, 21.8.2003, p.

24).’

3. The following shall be added before the adaptation text in point 45za (Directive 2002/24/EC of the

European Parliament and of the Council):
‘, as amended by:
— 32003 L 0077: Commission Directive 2003/77/EC of 11 August 2003 (OJ L 211, 21.8.2003, p.

24).’

The texts of Directives 2003/76/EC and 2003/77/EC in the Icelandic and Norwegian languages, to be
published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 2

This Decision shall enter into force on 20 March 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 3

(1) OJ L 88, 25.3.2004, p. 41.
(2) OJ L 206, 15.8.2003, p. 29.
(3) OJ L 211, 21.8.2003, p. 24.
(*) No constitutional requirements indicated.

29.4.2004

EN

Official Journal of the European Union

L 127/121

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 19 March 2004.

For the EEA Joint Committee

The President

P. WESTERLUND
Commission Regulation (EC) No 523/2004 of 19 March 2004 determining the world market price for unginned cotton
Date: 2004-03-19
Institutions: European Commission
Subjects: cotton, world market price

20.3.2004

EN

Official Journal of the European Union

L 83/9

COMMISSION REGULATION (EC) No 523/2004

of 19 March 2004

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Protocol 4 on cotton, annexed to the Act of
Accession of Greece, as last amended by Council Regulation
(EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22
May 2001 on production aid for cotton (2), and in particular
Article 4 thereof,

Whereas:

(1)

In accordance with Article 4 of Regulation (EC) No
1051/2001, a world market price for unginned cotton is
to be determined periodically from the price for ginned
cotton recorded on the world market and by reference
to the historical relationship between the price recorded
for ginned cotton and that calculated for unginned
cotton. That historical relationship has been established
in Article 2(2) of Commission Regulation (EC) No 1591/
2001 of 2 August 2001 laying down detailed rules for
applying the cotton aid scheme (3). Where the world
market price cannot be determined in this way, it is to
be based on the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No
1051/2001, the world market price for unginned cotton
is to be determined in respect of a product of specific
characteristics and by reference to the most favourable

offers and quotations on the world market among those
considered representative of the real market trend. To
that end, an average is to be calculated of offers and
European
recorded on one or more
quotations
exchanges for a product delivered cif to a port in the
Community and coming from the various supplier coun-
tries considered the most representative in terms of
there is provision for
international
adjusting the criteria for determining the world market
price for ginned cotton to reflect differences justified by
the quality of the product delivered and the offers and
quotations concerned. Those adjustments are specified in
Article 3(2) of Regulation (EC) No 1591/2001.

trade. However,

(3)

The application of the above criteria gives the world
market price for unginned cotton determined herein-
after,

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4
of Regulation (EC) No 1051/2001 is hereby determined as
equalling EUR 31,962/100 kg.

This Regulation shall enter into force on 20 March 2004.

Article 2

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

Done at Brussels, 19 March 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 148, 1.6.2001, p. 1.
(2) OJ L 148, 1.6.2001, p. 3.
(3) OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation

(EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).
Decision of the EEA Joint Committee No 32/2004 of 19 March 2004 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2004-03-19
Institutions: EEA Joint Committee
Subjects: EU statistics, household, income, living conditions, statistical method

29.4.2004

EN

Official Journal of the European Union

L 127/143

DECISION OF THE EEA JOINT COMMITTEE

No 32/2004

of 19 March 2004

amending Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particu-
lar Article 98 thereof,

Whereas:

(1)

(2)

Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 14/2004 of
6 February 2004 (1).

Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003
concerning Community statistics on income and living conditions (EU-SILC) (2) is to be incorporated
into the Agreement.

(3)

This Decision is not to apply to Liechtenstein,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 18h (Commission Regulation (EC) No 1216/2003) of
Annex XXI to the Agreement:

‘18i. 32003 R 1177: Regulation (EC) No 1177/2003 of the European Parliament and of the Council
of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)
(OJ L 165, 3.7.2003, p. 1).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with
the following adaptation:

This Regulation shall not apply to Liechtenstein.’

Article 2

The texts of Regulation (EC) No 1177/2003 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 20 March 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 19 March 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

(1) OJ L 116, 22.4.2004, p. 66.
(2) OJ L 165, 3.7.2003, p. 1.
(*) Constitutional requirements indicated.
Decision of the EEA Joint Committee No 25/2004 of 19 March 2004 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2004-03-19
Institutions: EEA Joint Committee
Subjects: building industry, building materials, cement, fire, plaster

29.4.2004

EN

Official Journal of the European Union

L 127/131

DECISION OF THE EEA JOINT COMMITTEE

No 25/2004

of 19 March 2004

amending Annex II

(Technical regulations, standards, testing and certification)

to the EEA

Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particu-
lar Article 98 thereof,

Whereas:

(1)

(2)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 150/2003 of
7 November 2003 (1).

Commission Decision 2003/424/EC of 6 June 2003 amending Decision 96/603/EC establishing the
list of products belonging to Class A ‘No contribution to fire’ provided for in Decision 94/611/EC
implementing Article 20 of Council Directive 89/106/EEC on construction products (2) is to be
incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 1 (Council Directive 89/106/EEC) of Chapter XXI of Annex II
to the Agreement:

‘— 32003 D 0424: Commission Decision 2003/424/EC of 6 June 2003 (OJ L 144, 12.6.2003, p. 9).’

The texts of Decision 2003/424/EC in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 2

Article 3

This Decision shall enter into force on 20 March 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 19 March 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

(1) OJ L 41, 12.2.2004, p. 39.
(2) OJ L 144, 12.6.2003, p. 9.
(*) No constitutional requirements indicated.
Decision of the EEA Joint Committee No 16/2004 of 19 March 2004 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2004-03-19
Institutions: EEA Joint Committee
Subjects: marketing, oleaginous plant, seed, textile plant

L 127/116

EN

Official Journal of the European Union

29.4.2004

EUROPEAN ECONOMIC AREA

THE EEA JOINT COMMITTEE

DECISION OF THE EEA JOINT COMMITTEE

No 16/2004

of 19 March 2004

amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particu-
lar Article 98 thereof,

Whereas:

(1)

(2)

Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 169/2003 of
5 December 2003 (1).

Commission Directive 2003/45/EC of 28 May 2003 amending Council Directive 2002/57/EC on
the marketing of seed of oil and fibre plants (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 13 (Council Directive 2002/57/EC) in Part 1 of Chapter III of
Annex I to the Agreement:

‘— 32003 L 0045: Commission Directive 2003/45/EC of 28 May 2003 (OJ L 138, 5.6.2003, p. 40).’

The texts of Directive 2003/45/EC in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 2

This Decision shall enter into force on 20 March 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 3

(1) OJ L 88, 25.3.2003, p. 39.
(2) OJ L 138, 5.6.2003, p. 40.
(*) No constitutional requirements indicated.

29.4.2004

EN

Official Journal of the European Union

L 127/117

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 19 March 2004.

For the EEA Joint Committee

The President

P. WESTERLUND
Commission Regulation (EC) No 514/2004 of 18 March 2004 fixing the maximum reduction in the duty on sorghum imported in connection with the invitation to tender issued in Regulation (EC) No 699/2003
Date: 2004-03-19
Institutions: European Commission
Subjects: CCT duties, award of contract, import, sorghum, tariff reduction

L 81/32

EN

Official Journal of the European Union

19.3.2004

COMMISSION REGULATION (EC) No 514/2004

of 18 March 2004

fixing the maximum reduction in the duty on sorghum imported in connection with the invitation
to tender issued in Regulation (EC) No 699/2003

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), and in particular Article 12(1) thereof,

Whereas:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on sorghum imported into Spain was opened
to Commission Regulation (EC) No 238/
pursuant
2004 (2).

Pursuant to Article 5 of Commission Regulation (EC) No
1839/95 (3), the Commission, acting under the proce-
dure laid down in Article 23 of Regulation (EEC) No
1766/92, may decide to fix a maximum reduction in the
import duty.
In fixing this maximum the criteria
provided for in Articles 6 and 7 of Regulation (EC) No
1839/95 must be taken into account. Whereas a
contract is awarded to any tenderer whose tender is
equal to or less than the maximum reduction in the
duty.

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the cereal in question results
in the maximum reduction in the import duty being
fixed at the 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 12 to 18 March 2004, pursuant to
the invitation to tender issued in Regulation (EC) No 238/
2004,
the maximum reduction in the duty on sorghum
imported shall be 8,93 EUR/t and be valid for a total maximum
quantity of 34 700 t.

Article 2

This Regulation shall enter into force on 19 March 2004.

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

Done at Brussels, 18 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 40, 12.2.2004, p. 23.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 2235/2000 (OJ L 256, 10.10.2000, p. 13).
Decision of the EEA Joint Committee No 24/2004 of 19 March 2004 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2004-03-19
Institutions: EEA Joint Committee
Subjects: intelligent transport system, maritime transport, safety device, satellite navigation, technical standard, telecommunications equipment

L 127/130

EN

Official Journal of the European Union

29.4.2004

DECISION OF THE EEA JOINT COMMITTEE

No 24/2004

of 19 March 2004

amending Annex II

(Technical regulations, standards, testing and certification)

to the EEA

Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particu-
lar Article 98 thereof,

Whereas:

(1)

(2)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 11/2004 of 6
February 2004 (1).

Commission Decision 2003/213/EC of 25 March 2003 on the application of Article 3(3)(e) of Direc-
tive 1999/5/EC of the European Parliament and of the Council to radio equipment intended to be
used on non-SOLAS vessels and which is intended to participate in the automatic identification
system (AIS) (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 4zzk (Commission Decision 2001/148/EC) of Chapter
XVIII of Annex II to the Agreement:

‘4zzl.

32003 D 0213: Commission Decision 2003/213/EC of 25 March 2003 on the application of
Article 3(3)(e) of Directive 1999/5/EC of the European Parliament and of the Council to radio
equipment intended to be used on non-SOLAS vessels and which is intended to participate in
the automatic identification system (AIS) (OJ L 81, 28.3.2003, p. 46).’

The texts of Decision 2003/213/EC in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 2

This Decision shall enter into force on 20 March 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 19 March 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

(1) OJ L 116, 22.4.2004, p. 60.
(2) OJ L 81, 28.3.2003, p. 46.
(*) No constitutional requirements indicated.