do-me/EUR-LEX huggingface dataset:
Council Decision of 29 November 2004 appointing a member of the Advisory Committee of the Euratom Supply Agency
Date: 2004-11-29
Institutions: Council of the European Union
Subjects: Euratom Supply Agency, advisory committee (EU), appointment of staff

9.12.2004

EN

Official Journal of the European Union

C 305/1

I

(Information)

COUNCIL

COUNCIL DECISION

of 29 November 2004

appointing a member of the Advisory Committee of the Euratom Supply Agency

(2004/C 305/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the
second and third paragraphs of Article 54 thereof,

Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Deci-
sion 95/1/EC, Euratom, ECSC of 1 January 1995 (2),

Having regard to the Council Decision of 22 September 2003 appointing the members of the Advisory
Committee of the Euratom Supply Agency (3),

Having regard to the opinion of the Commission,

Whereas:

(1)

(2)

(3)

A member's seat on the above Committee has fallen vacant following the resignation of Mr Georgios
KOUTZOUKOS, of which the Council was informed on 18 June 2004.

That vacancy should therefore be filled.

The Greek Government submitted a nomination on 18 June 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Nicolas KATSAROS is hereby appointed a member of the Advisory Committee of the Euratom Supply
Agency for the remainder of the Committee's term of office, ending on 28 March 2005.

Done at Brussels, 29 November 2004.

For the Council

The President

L.J. BRINKHORST

(1) OJ 27, 6.12.1958, p. 534/58.
(2) OJ L 1, 1.1.1995, p. 1.
(3) OJ C 232, 27.9.2003, p. 1.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 385th meeting on 29 November 2004 concerning a preliminary draft decision in Case COMP/C.37.533 — Choline chloride
Date: 2004-11-29
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), control of restrictive practices, dominant position, fine, restriction on competition, sanction (EU), unlawful agreement, vitamin

C 180/4

EN

Official Journal of the European Union

22.7.2005

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
385th meeting on 29 November 2004 concerning a preliminary draft decision in Case COMP/
C.37.533 — Choline chloride

(2005/C 180/04)

1. The Advisory Committee agrees with the Commission's assessment of the product and the geographic

relevant markets contained in the draft decision.

2. The Advisory Committee agrees with the analysis of the market's structure made by the Commission.

3. The Advisory Committee agrees with the legal assessment made by the Commission, notably with the
legal qualification of the facts as an agreement and/or concerted practice within the meaning of Article
81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.

4. The Advisory Committee agrees with the Commission's view that the cartel subject to this proceeding

must be considered as a single and continuous infringement.

5. The Advisory Committee agrees with the Commission, that the agreement and/or concerted practice

had as object and/or as effect a restriction of competition.

6. The Advisory Committee agrees with the Commission that the agreement and/or concerted practice

had appreciably affected trade between Member States.

7. The Advisory Committee agrees with the Commission that fines should be imposed on the following

companies which took part in the cartel:

(a) Akzo Nobel N.V., Akzo Nobel Netherlands B.V., Akzo Nobel Chemicals International B.V., Akzo

Nobel Chemicals B.V. and Akzo Nobel Functional Chemicals B.V., jointly and severally;

(b) BASF A.G.;

(c) UCB S.A.

8. The Advisory Committee agrees with the method of calculation of the fines regarding the:

(a) gravity of the infringement, including differential treatment;

(b) duration of the infringement;

(c) attenuating and aggravating circumstances;

(d) applicability of the Commission Notice on the non-imposition or reduction of fines.

9. The Advisory Committee recommends the publication of its opinion in the Official Journal of the Euro-

pean Union.

10. The Advisory Committee asks the Commission to take into account all the other points raised during

the discussion.
Commission Regulation (EC) No 2042/2004 of 29 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-11-29
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit

L 354/12

EN

Official Journal of the European Union

30.11.2004

COMMISSION REGULATION (EC) No 2042/2004

of 29 November 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
fruit
arrangements
import
and in
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 30 November 2004.

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

Done at Brussels, 29 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Director-General for Agriculture and
Rural Development

(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).

30.11.2004

EN

Official Journal of the European Union

L 354/13

to Commission Regulation of 29 November 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 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
070
204
999

052
204
999

052
204
999

052
204
999

052
624
999

052
388
528
999

052
388
400
404
512
720
800
804
999

052
400
720
999

85,9
81,3
103,0
90,1

107,6
32,5
70,1

96,7
66,0
81,4

59,1
54,2
56,7

66,4
93,9
80,2

50,7
41,4
21,3
37,8

90,5
137,1
83,2
95,7
104,5
67,6
194,0
107,6
110,0

120,9
96,5
52,0
89,8

(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’.
2004/826/EC: Commission Decision of 29 November 2004 amending Decision 2002/887/EC authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan (notified under document number C(2004) 4441)
Date: 2004-11-29
Institutions: European Commission
Subjects: Japan, customs regulations, derogation from EU law, import (EU), plant health legislation, protection of plant life

L 358/32

EN

Official Journal of the European Union

3.12.2004

COMMISSION DECISION

of 29 November 2004

amending Decision 2002/887/EC authorising derogations from certain provisions of Council
Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis
Spach, Juniperus L. and Pinus L., originating in Japan
(notified under document number C(2004) 4441)

(2004/826/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Decision 2002/887/EC is amended as follows:

Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against
the introduction into the
Community of organisms harmful to plants or plant products
their spread within the Community (1), and in
and against
particular Article 15(1) thereof,

1.

in the first paragraph and in the second paragraph of Article
is replaced by ‘1
2,
August 2005 and 1 August 2006’;

‘1 August 2003 and 1 August 2004’

Having regard to the request made by the United Kingdom,

2. the table in Article 4 is replaced by the following table:

Whereas:

(1)

(2)

(3)

(4)

Decision

2002/887/EC (2)

Commission
authorises
from certain
to provide derogations
Member States
provisions of Council Directive 2000/29/EC in respect
of plants of Chamaecyparis Spach, Juniperus L. and Pinus
L., originating in Japan, for limited periods and subject to
specific conditions.

‘Plants

Chamaecyparis:

Juniperus:

Pinus:

Period

1.1.2005 to 31.12.2006

15.11.2004 to 31.3.2005, and
1.11.2005 to 31.3.2006
1.1.2005 to 31.12.2006’

Since the circumstances justifying the authorisation still
apply and there is no new information giving cause for
revision of
the authorisation
should be extended.

the specific conditions,

Article 2

This Decision is addressed to the Member States.

Decision 2002/887/EC should therefore be amended
accordingly.

Done at Brussels, 29 November 2004.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission

Directive 2004/102/EC (OJ L 309, 6.10.2004, p. 9).

(2) OJ L 309, 12.11.2002, p. 8.
Final report of the hearing officer in Case COMP/M.3440 — EDP/ENI/GDP (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, p. 21)   (Text with EEA relevance)
Date: 2004-11-29
Institutions: European Commission
Subjects: Portugal, economic concentration, electrical industry, gas industry, merger control

C 288/2

EN

Official Journal of the European Union

19.11.2005

FINAL REPORT OF THE HEARING OFFICER IN CASE COMP/M.3440 — EDP/ENI/GDP

(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, p. 21)

(2005/C 288/02)

(Text with EEA relevance)

On 9 July 2004, the Commission received notification, pursuant to Article 3(1)(b) of Council Regulation
(EEC) No 4064/89, of a proposed merger under which the undertakings EDP and ENI would acquire joint
control of the undertaking GDP.

At the end of the first stage of the procedure, the Commission concluded that the transaction raised
serious doubts as to its compatibility with the common market. On 12 August 2004, therefore, the
Commission initiated proceedings in accordance with Article 6(1)(c) of the Merger Regulation.

On 12 October 2004, the Commission sent the parties a statement of objections in which it concluded, on
a provisional basis, that the proposed transaction was incompatible with the common market since it
would (i) reinforce EDP's dominant position on the Portuguese electricity wholesale and retail markets and
on the market for the supply of ancillary services and (ii) reinforce GDP's dominant position on the Portu-
guese markets for the supply of gas to combined-cycle plants, large industrial customers and local distribu-
tion companies and on the market for the supply of gas to small customers (industrial, commercial and
individual).

The parties were given access to the file by means of a CD-Rom which was sent with the statement of
objections. They replied to the statement of objections on 27 October 2004. The parties waived the right
to a formal hearing.

On 28 October 2004, the parties offered commitments designed to meet the competition concerns identi-
fied by the Commission in its statement of objections. The proposed commitments were the subject of a
market test, whose result was communicated to the parties. The commitments were deemed to be quite
insufficient by the Commission. On 17 November 2004, the parties submitted new commitments invol-
ving only slight changes to those initially submitted.

On 19 November 2004, the Commission sent the Members of the Advisory Committee on Concentrations
a draft Decision pursuant to Article 8(3) of the Merger Regulation declaring the proposed merger, as
amended by the proposed commitments, incompatible with the common market.

The case does not call for any particular comments as regards the right to be heard.

Brussels, 29 November 2004.

Serge DURANDE
Council Decision of 29 November 2004 appointing a member of the Advisory Committee of the Euratom Supply Agency
Date: 2004-11-29
Institutions: Council of the European Union
Subjects: Euratom Supply Agency, advisory committee (EU), appointment of staff

C 305/2

EN

Official Journal of the European Union

9.12.2004

COUNCIL DECISION

of 29 November 2004

appointing a member of the Advisory Committee of the Euratom Supply Agency

(2004/C 305/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the
second and third paragraphs of Article 54 thereof,

Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Deci-
sion 95/1/EC, Euratom, ECSC of 1 January 1995 (2),

Having regard to the Council Decision of 22 September 2003 appointing the members of the Advisory
Committee of the Euratom Supply Agency (3),

Having regard to the opinion of the Commission,

Whereas:

(1)

(2)

(3)

A member's seat on the above Committee has fallen vacant following the resignation of Mr Serge
GAS, of which the Council was informed on 19 May 2004.

That vacancy should therefore be filled.

The French Government submitted a nomination on 19 May 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Jeanne MARCUCCI is hereby appointed a member of the Advisory Committee of the Euratom Supply
Agency for the remainder of the Committee's term of office, ending on 28 March 2005.

Done at Brussels, 29 November 2004.

For the Council

The President

L. J. BRINKHORST

(1) OJ 27, 6.12.1958, p. 534/58.
(2) OJ L 1, 1.1.1995, p. 1.
(3) OJ C 232, 27.9.2003, p. 1.
2004/829/EC: Council Decision of 29 November 2004 appointing a Spanish alternate member of the Committee of the Regions
Date: 2004-11-29
Institutions: Council of the European Union
Subjects: European Committee of the Regions, appointment of staff

L 359/54

EN

Official Journal of the European Union

4.12.2004

COUNCIL DECISION

of 29 November 2004

appointing a Spanish alternate member of the Committee of the Regions

(2004/829/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Spanish Government,

Whereas:

(1)

(2)

On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and
alternate members of the Committee of the Regions (1).

A seat as an alternate member of the Committee of the Regions has become vacant following the
resignation of Mr Alejandro FONT de MORA y TURÓN, notified to the Council on 26 October 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Gema AMOR PEREZ, Consejera de Cooperación y Participación — Gobierno de la Comunidad Autónoma
de Valencia, is hereby appointed an alternate member of the Committee of the Regions in place of Mr
Alejandro FONT de MORA y TURÓN for the remainder of his term of office, which runs until 25 January
2006.

Done at Brussels, 29 November 2004.

For the Council
The President

L. J. BRINKHORST

(1) OJ L 24, 26.1.2002, p. 38.