do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3642 — CARLYLE/ADVENT/HT TROPLAST)Text with EEA relevance
Date: 2004-12-02
Institutions: European Commission
Subjects: building industry, economic concentration, merger control

2.12.2004

EN

Official Journal of the European Union

C 297/3

Prior notification of a concentration

(Case COMP/M.3642 — CARLYLE/ADVENT/HT TROPLAST)

(2004/C 297/03)

(Text with EEA relevance)

1.
On 22 November 2004, the Commission received a notification of a proposed concentration
pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Carlyle
Group (‘Carlyle’, Cayman Islands) and Advent International Corporation (‘Advent’, USA) acquire within the
meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking HT Troplast AG
(‘Troplast’, Germany) by way of purchase of shares in a newly created company constituting a joint
venture.

2.

The business activities of the undertakings concerned are:

— for undertaking Carlyle: private equity investments,

— for undertaking Advent: private equity investments,

— for undertaking HT Troplast: manufacture, marketing and sales of vinyl profiles for windows and
doors, vinyl sheets and vinyl shutters, cross-linked polyolefin foam products and vulcanised fibre for
abrasive discs and other applications.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (No 32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.3642 — Carlyle/Advent/HT Troplast, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case COMP/M.3661 — CDP/STM) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-12-02
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control

C 297/4

EN

Official Journal of the European Union

2.12.2004

Prior notification of a concentration

(Case COMP/M.3661 — CDP/STM)

Candidate case for simplified procedure

(2004/C 297/04)

(Text with EEA relevance)

1.
On 25 November 2004, the Commission received a notification of a proposed concentration
pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking(s) Cassa
Depositi e Prestiti Spa, Italy (‘CDP’) acquires within the meaning of Article 3(1)(b) of the Council Regulation
joint control of STM Microelectronics, Holland (‘STM’) at present jointly controlled by Areva SA, France
(‘Areva’) and France Telecom, France (‘FT’) on the one hand, Finmeccanica, Italia on the other hand, by way
of purchase of shares from Finmeccanica.

2.

The business activities of the undertakings concerned are:

— for CDP: investment company controlled by the Ministry of Economics,

— for Areva: company active in the sector of technologies for the production and transport of nuclear

energy and in telecommunication systems,

— for FT: telecommunications,

— for SMT: high technologies and semiconductors.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) 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 their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3661 — CDP/STM, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.
Commission Regulation (EC) No 2072/2004 of 2 December 2004 concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1565/2004
Date: 2004-12-02
Institutions: European Commission
Subjects: award of contract, export refund, oats

3.12.2004

EN

Official Journal of the European Union

L 358/9

COMMISSION REGULATION (EC) No 2072/2004

of 2 December 2004

concerning tenders notified in response to the invitation to tender for the export of oats issued in
Regulation (EC) No 1565/2004

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 Article 7 thereof,

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 (2), and in
particular Article 7 thereof,

Having regard to Commission Regulation (EC) No 1565/2004
of 3 September 2004 on a special
intervention measure for
cereals in Finland and Sweden for the 2004/2005 marketing
year (3),

Whereas:

Finland and Sweden to all
third countries, with the
exception of Bulgaria, Norway, Romania and Switzerland
was opened pursuant to Regulation (EC) No 1565/2004.

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,

(2)

(3)

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 26
November to 2 December 2004 in response to the invitation
to tender for the refund for the export of oats issued in Regu-
lation (EC) No 1565/2004.

Article 2

(1)

An invitation to tender for the refund for the export of
oats produced in Finland and Sweden for export from

This Regulation shall enter into force on 3 December 2004.

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

Done at Brussels, 2 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

(3) OJ L 285, 4.9.2004, p. 3.
Commission Regulation (EC) No 2071/2004 of 2 December 2004 fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004
Date: 2004-12-02
Institutions: European Commission
Subjects: award of contract, barley, export refund

L 358/8

EN

Official Journal of the European Union

3.12.2004

COMMISSION REGULATION (EC) No 2071/2004

of 2 December 2004

fixing the maximum export refund on barley in connection with the invitation to tender issued in
Regulation (EC) No 1757/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

In that case a contract is awarded to any tenderer whose
bid is equal to or lower than the maximum refund.

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 Article 13(3) thereof,

(3)

(4)

Whereas:

The application of the abovementioned criteria to the
current market
in question
results in the maximum export refund being fixed.

situation for

the cereal

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

(1)

(2)

An invitation to tender for the refund for the export of
barley to certain third countries was opened pursuant to
Commission Regulation (EC) No 1757/2004 (2).

In accordance with Article 7 of Commission Regulation
(EC) No 1501/95 of 29 June 1995 laying down certain
detailed rules for the application 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), the Commission
may, on the basis of the tenders notified, decide to fix a
maximum export refund taking account of the criteria
referred to in Article 1 of Regulation (EC) No 1501/95.

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified on 26 November to 2 December 2004,
pursuant to the invitation to tender issued in Regulation (EC)
No 1757/2004, the maximum refund on exportation of barley
shall be 17,99 EUR/t.

Article 2

This Regulation shall enter into force on 3 December 2004.

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

Done at Brussels, 2 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 313, 12.10.2004, p. 10.
(3) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).
2004/885/EC: Decision No 30/2004 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 2 December 2004 related to the listing of a Conformity Assessment Body under the Sectoral Annex on Telecommunication Equipment
Date: 2004-12-02
Institutions: Joint Committee
Subjects: United States, approval, harmonisation of standards, standardisation, telecommunications equipment

22.12.2004

EN

Official Journal of the European Union

L 374/73

COMMISSION

DECISION No 30/2004 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT
ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED
STATES OF AMERICA

of 2 December 2004

related to the listing of a Conformity Assessment Body under the Sectoral Annex on Telecommu-
nication Equipment

THE JOINT COMMITTEE,

(2004/885/EC)

Having regard to the Agreement on Mutual Recognition between the European Community and the United
States of America and in particular Articles 7 and 14,

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a
Sectoral Annex,

HAS DECIDED AS FOLLOWS:

1. The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies

in Section V of the Sectoral Annex on Telecommunication Equipment.

2. The specific scope of

in terms of products and conformity assessment procedures, of the
Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be
maintained by them.

listing,

This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are
authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall
be effective from the date of the later of these signatures.

Signed in Washington DC, 26 November 2004.

Signed in Brussels, 2 December 2004.

On behalf of the United States of America

On behalf of the European Community

James C. SANFORD

Joanna KIOUSSI

L 374/74

EN

Official Journal of the European Union

22.12.2004

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies in Section V of the
Sectoral Annex on Telecommunication Equipment

ATTACHMENT A

AmericanTCB, Inc.

6731 Whittier Avenue, Suite C110

McLean, Virginia 22101

Tel. (703) 847 4700

Fax (703) 847 6888
Notice concerning the anti-subsidy and anti-dumping measures in force in respect of imports into the Community of polyethylene terephthalate (PET) film originating in India: change in the name of a company subject to individual countervailing and anti-dumping duty rates
Date: 2004-12-02
Institutions: European Commission
Subjects: India, anti-dumping legislation, anti-dumping measure, plastics, plastics industry

C 297/2

EN

Official Journal of the European Union

2.12.2004

Notice concerning the anti-subsidy and anti-dumping measures in force in respect of imports into
the Community of polyethylene terephthalate (PET) film originating in India: change in the name
of a company subject to individual countervailing and anti-dumping duty rates

(2004/C 297/02)

Imports of polyethylene terephthalate (PET) film originating in India are subject to a definitive counter-
vailing duty imposed by Council Regulation (EC) No 2597/1999 (1) and to a definitive anti-dumping duty
imposed by Council Regulation (EC) No 1676/2001 (2).

Jindal Polyester Limited, a company located in India, whose exports to the Community of polyethylene
terephthalate (PET) film are subject to an individual countervailing duty rate of 7,00 % and an individual
anti-dumping duty rate of 0,00 %, has informed the Commission that on 19 April 2004 it has changed its
name to Jindal Poly Films Limited. The company has argued that the change of name does not affect the
right of the company to benefit from the individual countervailing and anti-dumping duty rates applied to
the company under its previous name of Jindal Polyester Limited.

The Commission has examined the information supplied and concluded that the change of name in no
way affects the findings of Council Regulation (EC) No 2597/1999 and those of Council Regulation (EC)
No 1676/2001. Therefore, the reference to Jindal Polyester Limited should be read as Jindal Poly Films
Limited in Article 1 of Council Regulation (EC) No 2597/1999 and in Article 1 of Council Regulation (EC)
No 1676/2001.

The Taric additional code A030 previously attributed to Jindal Polyester Limited shall apply to Jindal Poly
Films Limited.

(1) OJ L 316, 10.12.1999, p. 1.
(2) OJ L 227, 23.8.2001, p. 1.
Interest rate applied by the European Central Bank to its main refinancing operations: 2,03 % on 1 December 2004 — Euro exchange rates
Date: 2004-12-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interest

2.12.2004

EN

Official Journal of the European Union

C 297/1

I

(Information)

COMMISSION

Interest rate applied by the European Central Bank to its main refinancing operations (1):

2,03 % on 1 December 2004

Euro exchange rates (2)

1 December 2004

(2004/C 297/01)

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

1,3294

LVL

Latvian lats

136,83

MTL Maltese lira

7,4303

PLN

Polish zloty

0,69155

ROL

Romanian leu

8,9396

1,5200

86,22

SIT

SKK

TRL

Slovenian tolar

Slovak koruna

Turkish lira

8,1295

AUD Australian dollar

1,9559

0,5794

CAD

HKD

Canadian dollar

Hong Kong dollar

30,984

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

244,83

KRW South Korean won

3,4528

ZAR

South African rand

0,6862

0,4318

4,1786

38 378

239,83

39,220

1 890 400

1,7236

1,5845

10,3365

1,8604

2,1749

1 390,69

7,7288

(1) Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender,

the interest rate is the marginal rate.

(2) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 2069/2004 of 2 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-12-02
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit

L 358/4

EN

Official Journal of the European Union

3.12.2004

COMMISSION REGULATION (EC) No 2069/2004

of 2 December 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 3 December 2004.

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

Done at Brussels, 2 December 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).

3.12.2004

EN

Official Journal of the European Union

L 358/5

to Commission Regulation of 2 December 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 10 10, 0805 10 30, 0805 10 50

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

388
999

204
999

052
204
624
720
999

052
388
528
999

052
388
400
404
512
720
804
999

400
720
999

102,7
81,3
95,1
93,0

98,6
32,5
65,6

95,2
67,8
81,5

45,6
45,6

50,6
50,6

74,4
57,0
99,7
30,1
65,3

55,0
41,4
25,5
40,6

90,5
136,9
85,8
97,0
104,5
77,9
107,6
100,0

96,5
66,4
81,5

(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’.
Council Decision of 2 December 2004 amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies
Date: 2004-12-02
Institutions: Council of the European Union
Subjects: Australia, Europol, police cooperation, power to negotiate

22.12.2004

EN

Official Journal of the European Union

C 317/1

I

(Information)

COUNCIL

COUNCIL DECISION

of 2 December 2004

amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter
into negotiations on agreements with third States and non-EU related bodies

(2004/C 317/01)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to Article 42(2), Article 10(4) and Article 18 of
the Convention on the establishment of a European Police
Office (Europol Convention) (1),

Having regard to the Council Act of 3 November 1998 laying
down rules governing Europol's external relations with third
States and non-European Union related bodies (2), and in par-
ticular Article 2 of that Act,

Having regard to the Council Act of 3 November 1998 laying
down rules governing the receipt of information by Europol
from third parties (3), and in particular Article 2 of that Act,

Having regard to the Council Act of 12 March 1999 adopting
the rules governing the transmission of personal data by
Europol to third States and third bodies (4), and in particular
Articles 2 and 3 of that Act,

Whereas:

(1)

Operational requirements and the need to combat in an
effective way organised forms of criminality through
Europol, require that Australia be added to the list of
third States with whom the Director of Europol
is
authorised to start negotiations.

(2)

Council Decision of 27 March 2000 (5) should therefore
be amended,

Article 1

Council Decision of 27 March 2000 is hereby amended as
follows:

In Article 2(1), under the heading ‘Third States’, the following
State shall be added to the alphabetical list:

‘— Australia’.

Article 2

This Decision shall be published in the Official Journal of the
European Union.

Article 3

This Decision shall enter into force on the day following that
of its adoption.

Done at Brussels, 2 December 2004.

For the Council

The President

P. H. DONNER

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 19.
(3) OJ C 26, 30.1.1999, p. 17.
(4) OJ C 88, 30.3.1999, p. 1.
(5) OJ C 106, 13.4.2000, p. 1. Decision as last amended by Decision of

13 June 2002 (OJ C 150, 22.6.2002, p. 1).
European Parliament resolution on draft amending budget No 10/2004 of the European Union for the financial year 2004 (Section III — Commission) (15179/2004 — C6-0209/2004 — 2004/2223(BUD))
Date: 2004-12-02
Institutions: European Parliament
Subjects: European Commission, amending budget, draft budget (EU), financial year

C 208 E/36

Official Journal of the European Union

EN

25.8.2005

Thursday 2 December 2004

TEXTS ADOPTED

P6_TA(2004)0069

Draft amending budget No 10/2004

European Parliament resolution on draft amending budget No 10/2004 of the European Union for
the financial year 2004 (Section III — Commission) (15179/2004 — C6-0209/2004 — 2004/2223
(BUD))

The European Parliament,

— having regard to the Treaty establishing the European Community, and in particular Article 272(4),

penultimate subparagraph thereof,

— having regard to the Treaty establishing the European Atomic Energy Community, and in particular

Article 177 thereof,

— having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities (1) and in particular Arti-
cles 37 and 38 thereof,

— having regard to the general budget of the European Union for the financial year 2004, as finally
adopted on 18 December 2003 (2) and as adjusted in line with the enlargement of the European
Union (3),

— having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the
Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4),

— having regard to preliminary draft amending budget No 11/2004 of the European Union for the finan-

cial year 2004 which the Commission presented on 13 October 2004 (SEC(2004)1234),

— having regard to draft amending budget No 10/2004, which the Council established on 29 November

2004 (15179/2004 — C6-0209/2004),

— having regard to Rule 69 of and Annex IV to its Rules of Procedure,

— having regard to the report of the Committee on Budgets (A6-0053/2004),

A. whereas, contrary to previous years which saw huge surpluses in Structural Funds payments, PDAB 11

aims at budgeting additional resources of EUR 1 billion,

B. whereas Council committed itself at the budgetary conciliation of 24 November 2003 to honour any

need for additional payments to be made in the Structural Funds,

C. whereas Member States' payments claims received by the Commission by 31 October 2004 indicate

that even more additional resources might be needed than the EUR 1 billion,

1.

Approves draft amending budget No 10/2004 unamended;

Instructs its President to forward this resolution to the Council, and Commission, and the other

2.
institutions and bodies concerned.

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 53, 23.2.2004.
(3) OJ C 105, 30.4.2004, p. 9.
(4) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).