do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.3535 — VAN DRIE/SCHILS)Text with EEA relevance
Date: 2005-02-10
Institutions: European Commission
Subjects: access to information, calf, dairy industry, economic concentration, meat processing industry, merger control, prepared foodstuff, restrictive-practice authorisation

10.2.2005

EN

Official Journal of the European Union

C 35/9

Non-opposition to a notified concentration

(Case COMP/M.3535 — VAN DRIE/SCHILS)

(2005/C 35/05)

(Text with EEA relevance)

On 8 December 2004, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32004M3535. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Euro exchange rates
Date: 2005-02-10
Institutions: European Commission
Subjects: euro, exchange rate

10.2.2005

EN

Official Journal of the European Union

C 35/1

I

(Information)

COMMISSION

Euro exchange rates (1)

9 February 2005

(2005/C 35/01)

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

1,2762

LVL

Latvian lats

134,85

MTL Maltese lira

7,4418

0,6858

9,0755

1,5575

80,92

8,354

1,9559

0,5831

PLN

ROL

SIT

SKK

TRY

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

29,93

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

244,3

KRW South Korean won

3,4528

ZAR

South African rand

0,6962

0,4299

4,0207

36 767

239,74

38,08

1,7

1,6647

1,5949

9,9541

1,8209

2,1049

1 322,78

7,9766

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 216/2005 of 10 February 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2005-02-10
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit

11.2.2005

EN

Official Journal of the European Union

L 39/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 216/2005

of 10 February 2005

establishing the standard import values for determining the entry price of certain fruit and
vegetables

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 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

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).

L 39/2

EN

Official Journal of the European Union

11.2.2005

to Commission Regulation of 10 February 2005 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 10 00

0709 90 70

0805 10 20

0805 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
212
248
624
999

052
068
204
999

220
999

052
204
999

052
204
212
220
400
421
448
624
999

052
204
624
999

052
204
400
464
624
662
999

052
220
999

400
404
528
720
999

388
400
528
999

104,2
78,6
157,6
82,5
81,4
100,9

180,7
65,0
80,6
108,8

36,6
36,6

172,1
242,3
207,2

44,8
42,9
44,7
41,7
45,0
23,4
31,7
56,5
41,3

76,5
79,8
69,9
75,4

60,4
92,7
77,9
42,4
74,2
34,0
63,6

46,6
27,0
36,8

103,1
89,0
96,4
61,4
87,5

81,4
89,6
60,7
77,2

(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 229/2005 of 10 February 2005 fixing production refunds on cereals
Date: 2005-02-10
Institutions: European Commission
Subjects: production refund, starch

L 39/36

EN

Official Journal of the European Union

11.2.2005

COMMISSION REGULATION (EC) No 229/2005

of 10 February 2005

fixing production refunds on cereals

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 8(2) thereof,

(2)

(3)

The production refunds fixed in this Regulation should
be adjusted by the coefficients listed in the Annex II to
Regulation (EEC) No 1722/93 to establish the exact
amount to be paid.

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

Whereas:

(1)

Commission Regulation (EEC) No 1722/93 of 30 June
1993 laying down detailed rules for the application of
Council Regulations (EEC) No 1766/92 and (EEC) No
1418/76 concerning production refunds in the cereals
and rice sectors respectively (2) lays down the conditions
for granting production refunds. The basis for calculating
the refund is laid down in Article 3 of that Regulation.
The refund thus calculated, differentiated where necessary
for potato starch, must be fixed once a month and may
be amended if the price of maize and/or wheat changes
significantly.

HAS ADOPTED THIS REGULATION:

Article 1

The refund per tonne of starch referred to in Article 3(2) of
Regulation (EEC) No 1722/93, is hereby fixed at:

(a) EUR 9,34/tonne for starch from maize, wheat, barley and

oats;

(b) EUR 11,60/tonne for potato starch.

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 159, 1.7.1993, p. 112. Regulation as last amended by Regu-

lation (EC) No 1548/2004 (OJ L 280, 31.8.2004, p. 11).
Commission Regulation (EC) No 235/2005 of 10 February 2005 concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 2275/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, sorghum, tariff reduction

11.2.2005

EN

Official Journal of the European Union

L 39/43

COMMISSION REGULATION (EC) No 235/2005

of 10 February 2005

concerning tenders notified in response to the invitation to tender for the import of sorghum
issued in Regulation (EC) No 2275/2004

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 from
third countries in the duty on sorghum imported into
Spain was opened pursuant to Commission Regulation
(EC) No 2275/2004 (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 sorghum issued in Regu-
lation (EC) No 2275/2004.

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. 32.
(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).
Action brought on 10 February 2005 by the EFTA Surveillance Authority against the Republic of Iceland (Case E-2/05)
Date: 2005-02-10
Institutions: EFTA Court
Subjects: EFTA Court, Iceland, State aid, action for failure to fulfil an obligation, control of State aid, tax system

19.5.2005

EN

Official Journal of the European Union

C 117/27

EFTA COURT

Action brought on 10 February 2005 by the EFTA Surveillance Authority against the Republic of
Iceland

(Case E-2/05)

(2005/C 117/08)

An action against the Republic of Iceland was brought before the EFTA Court on 10 February 2005 by the
EFTA Surveillance Authority, represented by Niels Fenger and Bjørnar Alterskjær, acting as Agents of the
EFTA Surveillance Authority, Rue Belliard 35, B-1040 Brussels.

The applicant claims that the Court should:

1. declare that by failing to abolish and recover within the prescribed period the aid provided for under
the tax schemes declared incompatible with the EEA Agreement by decision No 21/04/COL of 25
February 2004, the Republic of Iceland has failed to fulfil its obligations under Articles 2, 3 and 4 of
said decision; and

2. order the Republic of Iceland to pay the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

— In March 1999, Iceland adopted Act No 31/1999 on International Trading Companies without noti-
fying the EFTA Surveillance Authority; cf. Article 1(3) of Protocol 3 to the Surveillance and Court
Agreement (the ‘SCA’).

— On 25 February 2004, the EFTA Surveillance Authority adopted decision No 21/04/COL, finding that
the tax measures of the Act constituted State aid according to Article 61(1) EEA, that the aid was
unlawful on procedural grounds as notification had not been given, and that the aid was incompatible
with the EEA Agreement.

— Applying Article 14 in Part II of Protocol 3 to the SCA, the EFTA Surveillance Authority concluded

that the aid should be recovered from the beneficiaries as from the fiscal year 1999.

— The Republic of Iceland has failed to comply with decision No 21/04/COL within the prescribed time.
Thus, the EFTA Surveillance Authority has referred the matter to the EFTA Court pursuant to the
second subparagraph of Article 1(2) in Part I of Protocol 3 to the SCA.
Commission Communication in the framework of the implementation Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment (Text with EEA relevance)
Date: 2005-02-10
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, pressure equipment, safety standard, technical regulations

C 35/6

EN

Official Journal of the European Union

10.2.2005

Commission Communication in the framework of the implementation Directive 97/23/EC of the
European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the
Member States concerning pressure equipment (1)

(2005/C 35/03)

(Text with EEA relevance)

According to the provisions of article 11, paragraph 3, of directive 97/23/EC the references of the
following European Approval for Materials (EAMs) are published:

Number

Short name

Full title

0526-43-1:2004/05

EAM — NiCr15Fe

EAM NiCr15Fe — Nickel-chromium-Iron alloy — Hot and cold
rolled Flat products

0526-43-2:2004/05

EAM — NiCr15Fe

EAM NiCr15Fe — Nickel-chromium-Iron alloy — Bars and rods

0526-43-3:2004/05

EAM — NiCr15Fe

EAM NiCr15Fe — Nickel-chromium-Iron alloy — Forgings

0526-43-4:2004/05

EAM – NiCr15Fe

EAM NiCr15Fe — Nickel-chromium-Iron alloy — Seamless
Tubes

0526-16:2004/07

EAM — NiCr21Mo14W EAM NiCr21Mo14W — Nickel-chromium-Molybdenum alloy

— Flats products

0526-18:2004/07

EAM — NiCr16Cr15W

EAM NiCr16Mo15W — Nickel-Molybdenum- chromium alloy
— Flat products

0526-20:2004/07

EAM — NiCr23Mo16AI

EAM NiCr23Mo16AI — Nickel-chromium-Molybdenum alloy
— Flat products

0526-22:2004/07

EAM — NiMo28

EAM NiMo28 — Nickel-Molybdenum alloy — Flat products

0526-24:2004/07

EAM — NiMo30Cr

EAM NiMo30Cr — Nickel-Molybdenum alloy — Flat products

0526-26:2004/07

EAM — NiMo29Cr

EAM NiMo29Cr — Nickel-Molybdenum alloy — Flat products

0526-28:2004/07

EAM — NiMo16Cr16Ti

EAM NiMo16Cr16Ti — Nickel-chromium-Molybdenum alloy —
Flat products

(1) OJ L 181, 9.7.1997, p. 1.

10.2.2005

EN

Official Journal of the European Union

C 35/7

Note:

Materials used for the manufacture of pressure equipment conforming with EAMs are presumed to
conform to the applicable essential requirements of directive 97/23/EC Annex I. Original copies of this
European Approval for Materials may be obtained from Cetim BP. 80067 — 57 avenue Félix Louat F-60304
SENLIS CEDEX — France Tel. (33) 344673479 Fax (33) 344673427 e-mail chaieb.jarboui@cetim.fr, an
administration charge of EUR 20 is payable with the order. These EAMs can also be downloaded free of
charge from the Commission website
http://europa.eu.int/enterprise/pressure_equipment/eam_published.htm

A reference list of published EAMs is accessible from the web site
http://europa.eu.int/comm/enterprise/pressure_equipment operated by the European Commission.
Commission Regulation (EC) No 233/2005 of 10 February 2005 fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1565/2004
Date: 2005-02-10
Institutions: European Commission
Subjects: award of contract, export refund, oats

11.2.2005

EN

Official Journal of the European Union

L 39/41

COMMISSION REGULATION (EC) No 233/2005

of 10 February 2005

fixing the maximum export refund on oats in connection with the invitation to tender 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
in cereals (1), and in particular Article 7 thereof,
market

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 4 thereof,

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

Whereas:

(1)

An invitation to tender for the refund for the export of
oats produced in Finland and Sweden for export from
third countries with the
Finland or Sweden to all

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
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

For tenders notified from 4 to 10 February 2005, pursuant
issued in Regulation (EC)
to the
No 1565/2004, the maximum refund on exportation of oats
shall be 33,95 EUR/t.

invitation to tender

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 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 230/2005 of 10 February 2005 determining the world market price for unginned cotton
Date: 2005-02-10
Institutions: European Commission
Subjects: cotton, world market price

11.2.2005

EN

Official Journal of the European Union

L 39/37

COMMISSION REGULATION (EC) No 230/2005

of 10 February 2005

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
for unginned
the world market price
1051/2001,

the

considered representative of

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
real
among those
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 17,971 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

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

(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).