do-me/EUR-LEX huggingface dataset:
Final report of the Hearing Officer in Case COMP/M.3436 — Continental/Phoenix (pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001 )   (Text with EEA relevance)
Date: 2004-10-20
Institutions: European Commission
Subjects: audit, economic concentration, merger control, motor vehicle industry, pneumatic tyre, rubber industry, vehicle parts

C 303/8

EN

Official Journal of the European Union

13.12.2006

Final report of the Hearing Officer in Case COMP/M.3436 — Continental/Phoenix

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of
Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001)

(Text with EEA relevance)

(2006/C 303/07)

On 12 May 2004 the Commission received notification, pursuant to Article 3(1)(b) of the Council Regu-
lation, of a proposed merger by which Continental AG wished to acquire sole control over Phoenix AG,
both undertakings being leaders on the rubber products manufacturing market.

Having examined the information submitted by the parties to the proposed merger and conducted a
market survey, the Commission concluded that the merger raised serious doubts as to compatibility with
the common market and the EEA Agreement.

Market participants were consulted about the effectiveness of the commitments proposed by the parties
with a view to amending the original proposal, but these were considered to be not sufficient to prevent
serious doubts. On 29 June 2004, therefore, the Commission initiated the procedure provided for by
Article 6(1)(c) of the Merger Regulation.

On 3 September the Commission sent the parties a statement of objections. A CD-Rom was also sent to
them, giving them access to the file. They replied to the statement of objections on 17 September 2004.
They waived a formal hearing.

Following the replies to the statement of objections, the Commission continued to have doubts about the
following markets: air springs for cars and utility vehicles and heavy steel cord conveyor belts. It dropped
the objection concerning the market for rail vehicle air springs.

On 1 October 2004 the parties proposed further commitments amending the original merger proposal,
about which market participants were also consulted.

In view of these commitments, and of the replies from market participants, it was considered that the
merger could be authorised.

No questions have been addressed to me by the parties or third parties. The case calls for no special
comment concerning the right to be heard.

Brussels, 20 October 2004.

Serge DURANDE
Commission Regulation (EC) No 1820/2004 of 20 October 2004 amending Regulation (EC) No 2208/2002 laying down detailed rules for applying Council Regulation (EC) No 814/2000 on information measures relating to the common agricultural policy
Date: 2004-10-20
Institutions: European Commission
Subjects: EU financing, common agricultural policy, information, invitation to tender, public awareness campaign

L 320/14

EN

Official Journal of the European Union

21.10.2004

COMMISSION REGULATION (EC) No 1820/2004

of 20 October 2004

amending Regulation (EC) No 2208/2002 laying down detailed rules for applying Council Regu-
lation (EC) No 814/2000 on information measures relating to the common agricultural policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 2208/2002 (2), provides
for a call for proposals to ensure that the grants provided
for in Regulation (EC) No 814/2000 receive the widest
publicity and that the best measures are selected. The call
for proposals must be published by 31 July each year. In
the interests of
in
particular, with the extension of the scheme provided
for in Regulation (EC) No 814/2000 to citizens of the
new Member States, that date should be put back by
three months.

sound administration, connected,

(2)

(3)

Regulation (EC) No 2208/2002 should therefore be
amended.

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 3 of Regulation (EC) No 2208/2002, the date 31 July
is hereby replaced by 31 October.

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 20 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 100, 20.4.2000, p. 7.
(2) OJ L 337, 13.12.2002, p. 21.
Commission Regulation (EC) No 1821/2004 of 20 October 2004 on the issue of import licences for certain preserved mushrooms imported under the autonomous tariff quota opened by Regulation (EC) No 1749/2004
Date: 2004-10-20
Institutions: European Commission
Subjects: import licence, mushroom-growing, preserved product, tariff quota

21.10.2004

EN

Official Journal of the European Union

L 320/15

COMMISSION REGULATION (EC) No 1821/2004

of 20 October 2004

on the issue of import licences for certain preserved mushrooms imported under the autonomous
tariff quota opened by Regulation (EC) No 1749/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 1749/2004
of 7 October 2004 opening and providing for the adminis-
tration of
preserved
mushrooms (1), and in particular Article 6(3) thereof,

an autonomous

quota

tariff

for

Whereas:

Article 1

Import

licences applied for by traditional

importers
1.
pursuant
to Article 4(1) of Regulation (EC) No 1749/2004
and submitted to the Commission on 19 October 2004 shall
be issued for 9,33 % of the quantity applied for.

2.
Import licences applied for by new importers pursuant to
Article 4(1) of Regulation (EC) No 1749/2004 and submitted to
the Commission on 19 October 2004 shall be issued for 7,69 %
of the quantity applied for.

Licence applications submitted by traditional and new importers
to the competent authorities of the Member States under Article
4(1) of Regulation (EC) No 1749/2004 exceed the available
quantities. The extent to which licences may be issued should
therefore be determined,

Article 2

This Regulation shall enter into force on 21 October 2004.

It shall apply until 31 December 2004.

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

Done at Brussels, 20 October 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Director-General for Agriculture

(1) OJ L 312, 9.10.2004, p. 3.
Euro exchange rates
Date: 2004-10-20
Institutions: European Commission
Subjects: euro, exchange rate

20.10.2004

EN

Official Journal of the European Union

C 258/1

I

(Information)

COMMISSION

Euro exchange rates (1)

19 October 2004

(2004/C 258/01)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

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

1,2509

LVL

Latvian lats

135,81

MTL Maltese lira

7,4383

0,6943

9,0817

1,5385

87,40

8,24

PLN

ROL

SIT

SKK

TRL

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

1,9559

0,5757

CAD

HKD

Canadian dollar

Hong Kong dollar

31,43

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

246,62

KRW South Korean won

3,4528

ZAR

South African rand

0,6689

0,4301

4,2883

41 175

239,9

39,96

1 843 400

1,7175

1,5751

9,7433

1,8215

2,0954

1 432,16

7,9181

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 1824/2004 of 20 October 2004 determining the world market price for unginned cotton
Date: 2004-10-20
Institutions: European Commission
Subjects: cotton, world market price

L 320/20

EN

Official Journal of the European Union

21.10.2004

COMMISSION REGULATION (EC) No 1824/2004

of 20 October 2004

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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,
for unginned
the world market price
cotton is to be determined in respect of a product of
specific characteristics and by reference to the most

the

considered representative of

favourable offers and quotations on the world market
among those
real
market trend. To that end, an average is to be calculated
of offers and quotations recorded on one or more
European exchanges for a product delivered cif
to a
port in the Community and coming from the various
supplier countries considered the most representative in
terms of international trade. However, there is provision
for 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.

(3)

The application of the above criteria gives the world
market price for unginned cotton determined hereinafter,

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 19,188 EUR/100 kg.

Article 2

This Regulation shall enter into force on 21 October 2004.

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

Done at Brussels, 20 October 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).
Commission Regulation (EC) No 1815/2004 of 20 October 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-10-20
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

21.10.2004

EN

Official Journal of the European Union

L 320/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1815/2004

of 20 October 2004

establishing the standard import values for determining the entry price of certain fruit and vege-
tables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

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
and in
import
fruit
arrangements
particular Article 4(1) thereof,

and vegetables (1),

for

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.

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 21 October 2004.

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

Done at Brussels, 20 October 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

L 320/2

EN

Official Journal of the European Union

21.10.2004

to Commission Regulation of 20 October 2004 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

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
624
999

052
999

052
999

052
388
524
528
999

052
400
999

388
400
404
512
720
800
804
999

052
388
720
999

51,7
40,9
74,2
55,6

87,9
87,9

80,9
80,9

62,4
39,2
66,0
47,9
53,9

96,7
179,5
138,1

64,0
92,7
80,2
107,8
96,2
145,3
77,4
94,8

95,8
105,3
75,2
92,1

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘999’ stands for

‘of other origin’.
Commission Regulation (EC) No 1819/2004 of 20 October 2004 derogating from Regulation (EC) No 1342/2003 as regards the period for reflection for the issue of certain export licences for cereals, rice and cereal products
Date: 2004-10-20
Institutions: European Commission
Subjects: cereal product, cereals, export licence, rice

21.10.2004

EN

Official Journal of the European Union

L 320/13

COMMISSION REGULATION (EC) No 1819/2004

of 20 October 2004

derogating from Regulation (EC) No 1342/2003 as regards the period for reflection for the issue of
certain export licences for cereals, rice and cereal products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Articles 9(2) and 18 thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29
September 2003 on the common organisation of the market in
rice (2), and in particular Articles 10(2) and 19 thereof,

Whereas:

for the 2004/2005 marketing year, the flow of cereals
and rice exports, particularly those at world-market
prices, should be facilitated.

(3)

(4)

Under these circumstances, the period of reflection of
three days should be temporarily suspended for export
licences for cereals, rice and certain cereal products for
is
which the refund,
zero.

including any corrective amounts,

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

(1)

(2)

for

the application of

Article 8(1) of Commission Regulation (EC) No
1342/2003 of 28 July 2003 laying down special
detailed rules
the system of
for cereals and rice (3)
import and export
stipulates that export licences for the products referred
to in that paragraph are to be issued on the third
working day after applications are lodged, provided that
the Commission adopts no special measures in the
meanwhile.

licences

This period for reflection applies to both export licences
for which the refund is zero and those for which the
export refund is more than zero. Given the supply
situation on the Community cereals and rice markets

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding the first subparagraph of Article 8(1) of Regu-
lation (EC) No 1342/2003, export licences for the products
referred to in that subparagraph shall be issued on the day
applications are lodged when the refund is zero.

Article 2

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

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

Done at Brussels, 20 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 270, 21.10.2003, p. 96.
(3) OJ L 189, 29.7.2003, p. 12. Regulation as amended by Regulation

(EC) No 1092/2004 (OJ L 209, 11.6.2004, p. 9).