do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3694 — Hochtief/ABB/JV) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-02-10
Institutions: European Commission
Subjects: automation, building industry, economic concentration, electricity supply, exchange of information, financial institution, local government, merger control, sports facilities, technology

C 35/8

EN

Official Journal of the European Union

10.2.2005

Prior notification of a concentration

(Case COMP/M.3694 — Hochtief/ABB/JV)

Candidate case for simplified procedure

(2005/C 35/04)

(Text with EEA relevance)

1.
On 31 January 2005, 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 HOCHTIEF Construc-
tion AG (Germany) controlled by HOCHTIEF AG (‘Hochtief’, Germany), ABB Gebäudetechnik AG
(Germany) controlled by ABB Ltd. (‘ABB’, Switzerland) and Landeshauptstadt Magdeburg (‘City of Magde-
burg’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of
the undertaking Stadion Magdeburg GmbH & Co. KG (‘Stadion Magdeburg’, 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 Hochtief: planning, financing, construction and management of complex building

projects,

— for undertaking ABB: power transmission and distribution, plant engineering and construction, automa-

tion technology, financial services,

— for City of Magdeburg: local self-government,

— for undertaking Stadion Magdeburg: construction and management of a sports stadium.

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.3694 — Hochtief/ABB/JV, 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 228/2005 of 10 February 2005 correcting Regulation (EC) No 115/2005 opening an invitation to tender for the refund on common wheat exports to certain third countries
Date: 2005-02-10
Institutions: European Commission
Subjects: North Macedonia, award of contract, common wheat, export refund, third country

11.2.2005

EN

Official Journal of the European Union

L 39/35

COMMISSION REGULATION (EC) No 228/2005

of 10 February 2005

correcting Regulation (EC) No 115/2005 opening an invitation to tender for the refund on common
wheat exports to certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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 the first subparagraph of Article
13(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 115/2005 (2) opened an
invitation to tender for the refund on common wheat
exports to certain third countries.

A check has shown that as a result of an error the above
Regulation does not correspond to the measures that
were subject to a favourable vote in the Management
Committee concerning the countries to be excluded
from the tender. The Regulation in question should
therefore be corrected,

Article 1

Article 1(2) of Regulation (EC) No 115/2005 shall be replaced
by the following:

‘2.
The invitation to tender covers common wheat for
exportation to destinations with the exception of Albania,
Bosnia and Herzegovina, Bulgaria, Croatia,
the former
Yugoslav Republic of Macedonia, Liechtenstein, Romania,
Serbia and Montenegro (*), and Switzerland.
___________
(*) Including Kosovo, as defined in UN Security Council

Resolution 1244 of 10 June 1999.’

Article 2

This Regulation shall enter into force on the day of its publi-
cation 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, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 24, 27.1.2005, p. 3.
Commission Regulation (EC) No 232/2005 of 10 February 2005 fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: award of contract, barley, export refund

L 39/40

EN

Official Journal of the European Union

11.2.2005

COMMISSION REGULATION (EC) No 232/2005

of 10 February 2005

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 4 February to 10 February 2005,
pursuant to the invitation to tender issued in Regulation (EC)
No 1757/2004, the maximum refund on exportation of barley
shall be 13,98 EUR/t.

Article 2

This Regulation shall enter into force on 11 February 2005.

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

Done at Brussels, 10 February 2005.

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).
Corrigendum to Commission Regulation (EC) No 63/2005 of 14 January 2004 on the issues of licences for the import of garlic in the quarter from 1 March to 31 May 2005 (OJ L 13, 15.1.2005)
Date: 2005-02-10
Institutions: European Commission
Subjects: Argentina, China, bulb vegetable, import licence, originating product, third country

10.2.2005

EN

Official Journal of the European Union

L 37/21

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 63/2005 of 14 January 2004 on the issues of licences for the
import of garlic in the quarter from 1 March to 31 May 2005

(Official Journal of the European Union L 13 of 15 January 2005)

On page 20, in Annex II, in the column headed ‘Argentina’, last figure:
for:

read:

‘11.4.2005’,
‘4.4.2005’.
Commission Regulation (EC) No 226/2005 of 10 February 2005 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: export refund, skimmed milk powder

L 39/30

EN

Official Journal of the European Union

11.2.2005

COMMISSION REGULATION (EC) No 226/2005

of 10 February 2005

fixing the maximum export refund for skimmed milk powder in the framework of the standing
invitation to tender provided for in Regulation (EC) No 582/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular the third subparagraph
of Article 31(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 582/2004 of 26 March
2004 opening a standing invitation to tender for export
refunds for skimmed milk powder (2) provides for a
permanent tender.

Pursuant to Article 5 of Commission Regulation (EC) No
580/2004 of 26 March 2004 establishing a tender
procedure concerning export refunds for certain milk
products (3)
and following an examination of
the
submitted in response to the invitation to
tenders

it

tender,
is appropriate to fix a maximum export
refund for the tendering period ending on 8 February
2005.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

the permanent

tender opened by Regulation (EC) No
For
582/2004,
for the tendering period ending on 8 February
2005, the maximum amount of refund for the product and
destinations referred to in Article 1(1) of that Regulation shall
be 31,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 11 February 2005.

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

Done at Brussels, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2) OJ L 90, 27.3.2004, p. 67.
(3) OJ L 90, 27.3.2004, p. 58.
Commission Regulation (EC) No 219/2005 of 10 February 2005 amending Regulation (EC) No 919/94 laying down detailed rules for the application of Council Regulation (EEC) No 404/93 as regards banana producers’ organisations
Date: 2005-02-10
Institutions: European Commission
Subjects: Cyprus, producer organisation, tropical fruit

11.2.2005

EN

Official Journal of the European Union

L 39/9

COMMISSION REGULATION (EC) No 219/2005

of 10 February 2005

amending Regulation (EC) No 919/94 laying down detailed rules for the application of Council
Regulation (EEC) No 404/93 as regards banana producers’ organisations

(1)

(2)

(3)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 404/93 of
the
13 February 1993 on the common organisation of
in bananas (1), and in particular Article 9 thereof,
market

Whereas:

Commission Regulation (EC) No 919/94 (2) lays down, in
particular, the conditions for the recognition of producer
organisations,
the
minimum volume of marketable production of bananas
and the minimum number of producers that the organi-
sations must prove they have as members.

thereto establishes

and Annex I

improve the management of the sector, the creation of
larger units must be encouraged and the thresholds
relating to the number of members and the marketable
volumes in Cyprus must be established.

(4)

(5)

Regulation (EC) No 919/94 should therefore be amended
accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

The minimum volume of marketable production of
bananas
and the minimum number of producers
applicable to producer organisations in Cyprus must be
established.

In order to fulfil the economic tasks assigned to the
regards production and
as
producer organisations
marketing, to increase income from marketing and to

Annex I to Regulation (EC) No 919/94 is hereby replaced by
the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following
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, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the 2003

Act of Accession.

(2) OJ L 106, 27.4.1994, p. 6. Regulation as last amended by Regu-

lation (EC) No 1042/2002 (OJ L 157, 15.6.2002, p. 43).

L 39/10

EN

Official Journal of the European Union

11.2.2005

ANNEX

‘ANNEX I

Region of production in the Community

Minimum number of members

Minimum volume of marketable
production of bananas
(in tonnes net weight)

Greece (Crete and Lakonia)

Spain (Canary Islands)

France:

— Guadeloupe

— Martinique

Cyprus

Portugal (Madeira, the Azores and
Algarve)

4

100

—

100

100

125

5

40

30 000

—

30 000

30 000

5 000

10’
Commission Regulation (EC) No 225/2005 of 10 February 2005 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: award of contract, butter, export refund

L 39/28

EN

Official Journal of the European Union

11.2.2005

COMMISSION REGULATION (EC) No 225/2005

of 10 February 2005

fixing the maximum export refund for butter in the framework of the standing invitation to tender
provided for in Regulation (EC) No 581/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of
17 May 1999 on the common organisation of the market in
milk and milk products (1), and in particular the third subpar-
agraph of Article 31(3) thereof,

Whereas:

tenders submitted in response to the invitation to tender,
it is appropriate to fix a maximum export refund for the
tendering period ending on 8 February 2005.

(3)

The Management Committee for Milk and Milk Products
has not delivered an opinion within the time limit set by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

(1)

(2)

Commission Regulation (EC) No 581/2004 of 26 March
2004 opening a standing invitation to tender for export
refunds concerning certain types of butter (2) provides for
a permanent tender.

Pursuant to Article 5 of Commission Regulation (EC)
No 580/2004 of 26 March 2004 establishing a tender
procedure concerning export refunds for certain milk
products (3)
the

and following an examination of

the permanent

For
tender opened by Regulation (EC)
No 581/2004, for the tendering period ending on 8 February
2005, the maximum amount of refund for the products referred
to in Article 1(1) of that Regulation shall be as shown in the
Annex to this Regulation.

Article 2

This Regulation shall enter into force on 11 February 2005.

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

Done at Brussels, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 90, 27.3.2004, p. 64.
(3) OJ L 90, 27.3.2004, p. 58.

11.2.2005

EN

Official Journal of the European Union

L 39/29

Product

Export refund Code

ANNEX

Maximum amount of export refund

(EUR/100 kg)

For export to the destination
referred to in the first indent
of Article 1(1) of Regulation
(EC) No 581/2004

For export to the destinations
referred to in the second indent
of Article 1(1) of Regulation
(EC) No 581/2004

Butter

Butter

Butteroil

ex 0405 10 19 9500

ex 0405 10 19 9700

ex 0405 90 10 9000

—

131,00

—

134,00

136,50

166,50
Commission Regulation (EC) No 234/2005 of 10 February 2005 fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 115/2005
Date: 2005-02-10
Institutions: European Commission
Subjects: award of contract, common wheat, export refund

L 39/42

EN

Official Journal of the European Union

11.2.2005

COMMISSION REGULATION (EC) No 234/2005

of 10 February 2005

fixing the maximum export refund on common wheat in connection with the invitation to tender
issued in Regulation (EC) No 115/2005

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 13(3) thereof,

(3)

(4)

Whereas:

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
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
common wheat to certain third countries was opened
pursuant
(EC) No
to
115/2005 (2).

Commission

Regulation

HAS ADOPTED THIS REGULATION:

Article 1

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.

For tenders notified on 4 to 10 February 2005, pursuant to the
invitation to tender issued in Regulation (EC) No 115/2005, the
maximum refund on exportation of common wheat shall be
4,00 EUR/t.

Article 2

This Regulation shall enter into force on 11 February 2005.

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

Done at Brussels, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 24, 27.1.2005, p. 3.
(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).
Commission Regulation (EC) No 236/2005 of 10 February 2005 fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 2277/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, maize, tariff reduction

L 39/44

EN

Official Journal of the European Union

11.2.2005

COMMISSION REGULATION (EC) No 236/2005

of 10 February 2005

fixing the maximum reduction in the duty on maize imported in connection with the invitation to
tender issued in Regulation (EC) No 2277/2004

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 12(1) thereof,

(3)

(4)

The application of the abovementioned criteria to the
current market
in question
results in the maximum reduction in the import duty
being fixed at the amount specified in Article 1.

situation for

the cereal

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

Whereas:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on maize imported into Spain from third
countries was opened pursuant to Commission Regu-
lation (EC) No 2277/2004 (2).

the Commission, acting under

Pursuant to Article 7 of Commission Regulation (EC)
No 1839/95 (3)
the
procedure laid down in Article 25 of Regulation (EC)
No 1784/2003, may decide to fix 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. A contract is
awarded to any tenderer whose tender is equal to or less
than the maximum reduction in the duty.

HAS ADOPTED THIS REGULATION:

Article 1

invitation

For tenders notified from 4 to 10 February 2005, pursuant to
(EC)
in
to
the
No 2277/2004,
the maximum reduction in the duty on
maize imported shall be 27,44 EUR/t and be valid for a total
maximum quantity of 30 000 t.

Regulation

tender

issued

Article 2

This Regulation shall enter into force on 11 February 2005.

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

Done at Brussels, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 396, 31.12.2004, p. 35.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).
Commission Regulation (EC) No 237/2005 of 10 February 2005 concerning tenders notified in response to the invitation to tender for the import of maize issued in Regulation (EC) No 2276/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: CCT duties, Portugal, award of contract, maize, tariff reduction

11.2.2005

EN

Official Journal of the European Union

L 39/45

COMMISSION REGULATION (EC) No 237/2005

of 10 February 2005

concerning tenders notified in response to the invitation to tender for the import of maize issued in
Regulation (EC) No 2276/2004

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 12(1) thereof,

(3)

(4)

On the basis of the criteria laid down in Articles 6 and 7
of Regulation (EC) No 1839/95 a maximum reduction in
the duty should not be fixed.

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

Whereas:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on maize imported in Portugal
from third
countries was opened pursuant to Commission Regu-
lation (EC) No 2276/2004 (2).

Article 7 of Commission Regulation (EC) No 1839/95 (3),
allows the Commission to decide, in accordance with the
procedure laid down in Article 25 of Regulation (EC) No
1784/2003 and on the basis of the tenders notified, to
make no award.

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 4 to
10 February 2005 in response to the invitation to tender for
the reduction in the duty on imported maize issued in Regu-
lation (EC) No 2276/2004.

Article 2

This Regulation shall enter into force on 11 February 2005.

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

Done at Brussels, 10 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 396, 31.12.2004, p. 34.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).