do-me/EUR-LEX huggingface dataset:
Acknowledgement of receipt of complaint No 2004/5008 — SG(04)A/11223
Date: 2005-02-25
Institutions: European Commission
Subjects: Germany, bird, building industry, complaint to the Commission, protected area, protection of animal life

25.2.2005

EN

Official Journal of the European Union

C 49/9

Acknowledgement of receipt of complaint No 2004/5008 — SG(04)A/11223

(2005/C 49/06)

1.
The European Commission has registered a complaint about the planned construction of a housing
site neighbouring the Special Protection Area ‘Hainisch-Ihland’ (No DE 2326-401) according to Directive
79/409/EEC (‘Birds Directive’) in Hamburg, Germany, as No 2004/5008 in the register of complaints.

2.
The Commission has received more than 70 copies of this complaint. Therefore, in order to ensure a
rapid response to and information of those concerned while making the most economical use of its admin-
istrative resources, it is publishing this acknowledgment of receipt in the Official Journal of the European
Communities and on the Internet at:

http://europa.eu.int/comm/secretariat_general/sg1/receipt/

3.
The complaint will be examined by the Commission in the light of the applicable Community legisla-
tion. The complainants will be kept informed, by any means, including eventually by publication in the
Official Journal of the European Communities and/or on the Internet, of the results of this examination and of
any follow-up action that the Commission may decide to take.

4.
The Commission will endeavour to take a decision on the substance of the case (opening of infringe-
ment proceedings or closure of the case) within 12 months from the date of registration of the complaint
by the Secretariat-General.

5.
Should the Commission need to contact the German authorities, it will do so without mentioning the
identity of the complainants in order to protect their rights. The complainants may, however, authorise the
Commission to reveal their identity in any contacts with the German authorities.
Commission Regulation (EC) No 326/2005 of 25 February 2005 concerning the 14th individual invitation to tender effected under the standing invitation to tender referred to in Regulation (EC) No 2771/1999
Date: 2005-02-25
Institutions: European Commission
Subjects: award of contract, butter, cream, intervention price

L 53/8

EN

Official Journal of the European Union

26.2.2005

COMMISSION REGULATION (EC) No 326/2005

of 25 February 2005

concerning the 14th individual invitation to tender effected under the standing invitation to tender
referred to in Regulation (EC) No 2771/1999

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 Article 10(c) thereof,

Whereas:

(1)

(2)

Pursuant to Article 21 of Commission Regulation (EC)
No 2771/1999 of 16 December 1999 laying down
detailed rules for the application of Council Regulation
(EC) No 1255/1999 as regards intervention on the
market
intervention agencies
have put up for sale by standing invitation to tender
certain quantities of butter held by them.

in butter and cream (2),

In the light of the tenders received in response to each
individual invitation to tender a minimum selling price
shall be fixed or a decision shall be taken to make no

award, in accordance with Article 24a of Regulation (EC)
No 2771/1999.

(3)

(4)

On the basis of the examination of the offers received,
the tendering procedure should not be proceeded with.

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 14th individual invitation to tender pursuant to Regu-
lation (EC) No 2771/1999, in respect of which the time limit
for the submission of tenders expired on 22 February 2005, no
award shall be made.

Article 2

This Regulation shall enter into force on 26 February 2005.

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

Done at Brussels, 25 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 333, 24.12.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).
Commission Regulation (EC) No 328/2005 of 25 February 2005 concerning the 13th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001
Date: 2005-02-25
Institutions: European Commission
Subjects: EU aid, intervention buying, market intervention, private stock, skimmed milk powder, storage

L 53/10

EN

Official Journal of the European Union

26.2.2005

COMMISSION REGULATION (EC) No 328/2005

of 25 February 2005

concerning the 13th individual invitation to tender issued under the standing invitation to tender
referred to in Regulation (EC) No 214/2001

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 Article 10(c)
thereof,

shall be fixed or a decision shall be taken to make no
award, in accordance with Article 24a of Regulation (EC)
No 214/2001.

On the basis of the examination of the offers received,
the tendering offer should not be proceeded with.

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

(3)

(4)

Whereas:

(1)

Pursuant to Article 21 of Commission Regulation (EC)
No 214/2001 of 12 January 2001 laying down detailed
rules for the application of Council Regulation (EC) No
1255/1999 as regards intervention on the market
in
skimmed milk (2), intervention agencies have put up for
sale by standing invitation to tender certain quantities of
skimmed-milk powder held by them.

HAS ADOPTED THIS REGULATION:

Article 1

For the 13th individual invitation to tender pursuant to Regu-
lation (EC) No 214/2001, in respect of which the time limit for
the submission of tenders expired on 22 February 2005, no
offer shall be proceeded with.

Article 2

(2)

In the light of the tenders received in response to each
individual invitation to tender a minimum selling price

This Regulation shall enter into force on 26 February 2005.

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

Done at Brussels, 25 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 37, 7.2.2001, p. 100. Regulation as last amended by Regu-

lation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).
Commission Regulation (EC) No 332/2005 of 25 February 2005 on the payment of the refund on exports to Croatia of products falling under CN code 0406 covered by licences applied for before 1 June 2003
Date: 2005-02-25
Institutions: European Commission
Subjects: Croatia, cheese, export, export licence, export refund

26.2.2005

EN

Official Journal of the European Union

L 53/17

COMMISSION REGULATION (EC) No 332/2005

of 25 February 2005

on the payment of the refund on exports to Croatia of products falling under CN code 0406
covered by licences applied for before 1 June 2003

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 Article 26(3) and Article
31(14) thereof,

(3)

(4)

The limitation introduced by Article 2 of Regulation (EC)
No 951/2003 should therefore only apply to licences
applied for from 1 June 2003.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

To prevent deflection of trade, Article 2 of Commission
Regulation (EC) No 951/2003 of 28 May 2003 dero-
gating from Regulation (EC) No 174/1999 laying down
special detailed rules for the application of Council Regu-
lation (EEC) No 804/68 as regards export licences and
export refunds in the case of milk and milk products and
Regulation (EC) No 800/1999 laying down common
detailed rules
the system of
export refunds on agricultural products (2) prevented the
payment of refunds on export
licences for products
falling in CN code 0 406 and showing in box 7 a
different destination than Croatia when used for
exports to Croatia as from 1 June 2003.

the application of

for

Article 1

The refund on exports to Croatia of products falling in CN code
0406 covered by licences applied for before 1 June 2003 and
showing in box 7 a destination other than Croatia falling under
then defined in Article 15(3) of
destination zone I, as
Commission Regulation (EC) No 174/1999 (3), shall be paid.

Article 2

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

(2)

Entitlement to the refund arising from export licences
applied for before the date of application of a regulation
should not be affected.

It shall apply from 1 June 2003.

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

Done at Brussels, 25 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation last

amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 133, 29.5.2003, p. 82. Regulation repealed by Regulation (EC)

No 1948/2003 (OJ L 287, 5.11.2003, p. 13).

(3) OJ L 20, 27.1.1999, p. 8.
Commission Regulation (EC) No 337/2005 of 25 February 2005 suspending the buying-in of butter in certain Member States
Date: 2005-02-25
Institutions: European Commission
Subjects: EU Member State, butter, intervention buying

L 53/24

EN

Official Journal of the European Union

26.2.2005

COMMISSION REGULATION (EC) No 337/2005

of 25 February 2005

suspending the buying-in of butter in certain Member States

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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),

Having regard to Commission Regulation (EC) No 2771/1999
of 16 December 1999 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 1255/1999 as regards
in butter and cream (2), and in
intervention on the market
particular Article 2 thereof,

Whereas:

(1)

Article 2 of Regulation (EC) No 2771/1999 lays down
that buying-in is to be opened or suspended by the
Commission in a Member State, as appropriate, once it
is observed that, for two weeks in succession, the market
price in that Member State is below or equal to or above
92 % of the intervention price.

Commission Regulation (EC) No 1487/2004 (3) estab-
lishes the most recent list of Member States in which
intervention is suspended. This list must be adjusted as
a result of the market prices communicated by Italy, the
and Hungary
Czech Republic, Germany,
(EC) No
pursuant
2771/1999.
in
In the interests of clarity,
question should be replaced and Regulation (EC) No
1487/2004 should be repealed,

Slovenia
of Regulation

to Article

the list

8

HAS ADOPTED THIS REGULATION:

Article 1

Buying-in of butter as provided for in Article 6(1) of Regulation
(EC) No 1255/1999 is hereby suspended in Belgium, the Czech
Republic, Denmark, Cyprus, Hungary, Malta, Greece, France,
the Netherlands, Austria, Slovakia, Slovenia,
Luxembourg,
Finland, Sweden and the United Kingdom.

Article 2

Regulation (EC) No 1487/2004 is hereby repealed.

Article 3

This Regulation shall enter into force on 26 February 2005.

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

Done at Brussels, 25 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 333, 24.12.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 1932/2004 (OJ L 333, 9.11.2004, p. 4).

(3) OJ L 273, 21.8.2004, p. 11.
2005/394/EC: Decision No 1/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 25 February 2005 concerning point B(9) of Appendix 1 to Annex 7
Date: 2005-02-25
Institutions: EC–Switzerland Joint Committee
Subjects: Switzerland, agreement (EU), agricultural trade, import (EU), transport document, wine

25.5.2005

EN

Official Journal of the European Union

L 131/43

II

(Acts whose publication is not obligatory)

COMMISSION

DECISION No 1/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE
AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION
ON TRADE IN AGRICULTURAL PRODUCTS

of 25 February 2005

concerning point B(9) of Appendix 1 to Annex 7

(2005/394/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European
Community and the Swiss Confederation on trade in agri-
cultural products, and in particular Article 11 thereof,

Whereas:

proposals to the Committee with a view to adapting
and updating the Appendices to Annex 7.

(4)

Point B(9) of Appendix 1 to Annex 7 sets out
the
accompanying document for wines imported from Swit-
zerland in accordance with point B(9) of Appendix 1 to
the original version of the Agreement,

(1)

(2)

(3)

This Agreement entered into force on 1 June 2002.

HAS DECIDED AS FOLLOWS:

Annex 7 is aimed at
products between the Parties.

facilitating trade in wine-sector

Under Article 27(1) of Annex 7, the Working Group
considers any matter which may arise in connection
with the implementation of Annex 7 and, under Article
forward
27(2) of Annex 7, may in particular put

Article 1

Point B(9) of Appendix 1 to Annex 7 is hereby replaced by the
text contained in the Annex to this Decision.

Article 2

This Decision shall apply from 1 October 2004.

Done at Brussels, 25 February 2005.

For the Joint Committee on Agriculture

For the European Community,

Secretariat of the Committee

The Chair, Head of the Swiss Delegation

The Head of Unit AGRI AI/2

Christian HÄBERLI

Aldo LONGO

The Secretary

Remigi WINZAP

L 131/44

EN

Official Journal of the European Union

25.5.2005

ANNEX
Commission Regulation (EC) No 325/2005 of 25 February 2005 fixing the maximum aid for concentrated butter for the 330th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90
Date: 2005-02-25
Institutions: European Commission
Subjects: award of contract, butter, concentrated product, farm price support

26.2.2005

EN

Official Journal of the European Union

L 53/7

COMMISSION REGULATION (EC) No 325/2005

of 25 February 2005

fixing the maximum aid for concentrated butter for the 330th special invitation to tender opened
under the standing invitation to tender provided for in Regulation (EEC) No 429/90

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 Article 10 thereof,

Whereas:

(1)

In accordance with Commission Regulation (EEC)
No 429/90 of 20 February 1990 on the granting by
invitation to tender of an aid for concentrated butter
intended for direct consumption in the Community (2),
the intervention agencies are opening a standing invi-
tation to tender for the granting of aid for concentrated
butter. Article 6 of that Regulation provides that in the
light of the tenders received in response to each special
invitation to tender, a maximum amount of aid is to be
fixed for concentrated butter with a minimum fat
content of 96 % or a decision is to be taken to make
no award; the end-use security must be fixed accordingly.

(2)

(3)

In the light of the tenders received, the maximum aid
should be fixed at the level specified below and the end-
use security determined accordingly.

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

For the 330th tender under the standing invitation to tender
opened by Regulation (EEC) No 429/90 the maximum aid and
the end-use security are fixed as follows:

— maximum aid:

— end-use security:

66,6 EUR/100 kg,

74 EUR/100 kg.

Article 2

This Regulation shall enter into force on 26 February 2005.

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

Done at Brussels, 25 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 45, 21.2.1990, p. 8. Regulation as

(EC) No 2250/2004 (OJ

last amended by
L 381,

Commission Regulation
28.12.2004, p. 25).
Commission Regulation (EC) No 327/2005 of 25 February 2005 concerning the 77th special invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
Date: 2005-02-25
Institutions: European Commission
Subjects: aid system, animal nutrition, award of contract, food inspection, skimmed milk, skimmed milk powder

26.2.2005

EN

Official Journal of the European Union

L 53/9

COMMISSION REGULATION (EC) No 327/2005

of 25 February 2005

concerning the 77th special invitation to tender issued under the standing invitation to tender
referred to in Regulation (EC) No 2799/1999

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 Article 10 thereof,

(3)

(4)

Whereas:

(1)

Pursuant to Article 26 of Commission Regulation (EC)
No 2799/1999 of 17 December 1999 laying down
detailed rules for applying Council Regulation (EC) No
1255/1999 as regards the grant of aid for skimmed-milk
and skimmed-milk powder intended for animal feed and
the sale of such skimmed-milk powder (2),
intervention
agencies have put up for sale by standing invitation to
tender certain quantities of skimmed-milk powder held
by them.

(2)

According
2799/1999,

to Article 30 of Regulation (EC) No
the tenders received in
in the light of

response to each individual
invitation to tender a
minimum selling price shall be fixed or a decision shall
be taken to make no award.

On the basis of the examination of the offers received,
the tendering procedure should not be proceeded with.

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

For the 77th individual invitation to tender pursuant to Regu-
lation (EC) No 2799/1999, in respect of which the time limit
for the submission of tenders expired on 22 February 2005, no
award shall be made.

Article 2

This Regulation shall enter into force on 26 February 2005.

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

Done at Brussels, 25 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as amended by Commission

Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2) OJ L 340, 31.12.1999, p. 3. Regulation as last amended by Regu-

lation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).
Prior notification of a concentration (Case COMP/M.3595 — SONY/MGM)Text with EEA relevance
Date: 2005-02-25
Institutions: European Commission
Subjects: audiovisual equipment, communications industry, economic concentration, exchange of information, film industry, investment company, merger control

25.2.2005

EN

Official Journal of the European Union

C 49/15

Prior notification of a concentration

(Case COMP/M.3595 — SONY/MGM)

(2005/C 49/09)

(Text with EEA relevance)

1.
On 18 February 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 Providence Equity Part-
ners IV, L.P., ultimately controlled by Providence Equity Partners IV LLC (‘Providence’; USA), TPG Partners
IV, L.P., controlled by TPG Advisors IV Inc. (‘TPG’; USA) and Sony Corporation of America, belonging to
the Sony group (‘Sony’; Japan), acquire within the meaning of Article 3(1)(b) of the Council Regulation
joint control of the undertaking Metro-Goldwyn-Mayer Inc. (‘MGM’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Providence:
companies,

investment fund, specialising in equity investments in media and communications

— for TPG investment fund, participating in a variety of companies,

— for Sony: manufacturing of audio, video, communications and information technology products;
production, acquisition and theatrical distribution of motion pictures; production and acquisition of
motion pictures and other content (including TV programmes) for distribution on DVD / VHS; licen-
sing of broadcasting rights for motion pictures, TV programmes and TV channels,

— for MGM: production and acquisition of motion pictures for theatrical release; production and acquisi-
tion of motion pictures and other content (including TV programmes) for distribution mainly on DVD;
licensing of broadcasting rights for motion pictures, TV programmes and TV channels.

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.3595 — SONY/MGM, 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.