do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3725 — Cargill/Pagnan)Text with EEA relevance
Date: 2005-02-25
Institutions: European Commission
Subjects: agricultural product, distribution business, economic concentration, exchange of information, foodstuff, merger control, soya bean

C 49/8

EN

Official Journal of the European Union

25.2.2005

Prior notification of a concentration

(Case COMP/M.3725 — Cargill/Pagnan)

(2005/C 49/05)

(Text with EEA relevance)

1.
On 17 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 undertaking Cargill Incorporated.
(‘Cargill’, USA) acquires, through one of its subsidiaries, within the meaning of Article 3(1)(b) of the
Council Regulation control of part of the undertaking Pagnan S.p.A. (‘Pagnan’, Italy) by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— Cargill is an international company active in a wide variety of business, including commodity trading,
commodity processing, the marketing of non-branded food ingredients to the food and beverage
industry, and the production and marketing of agricultural inputs to farmers,

— the part of Pagnan acquired by Cargill is active in imports and trading of grains and soy bean meals.

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.3725 — Cargill/Pagnan, 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.
Judgment of the Court of  25 February 2005  in Case E-4/04 Pedicel AS and Sosial- og helsedirektoratet (Directorate for Health and Social Affairs)  (Free movement of goods and services — prohibition against alcohol advertisement — trade in wine — Articles 8(3) and 18 EEA —  other technical barriers to trade  — advertisement of wine — restriction — protection of public health — principle of proportionality — applicability of the precautionary principle)
Date: 2005-02-25
Institutions: EFTA Court
Subjects: EFTA Court, European Economic Area, Norway, advertising, alcoholic beverage, interpretation of the law, public health, ruling, wine

23.2.2006

EN

Official Journal of the European Union

C 45/13

JUDGMENT OF THE COURT

of 25 February 2005

in Case E-4/04 Pedicel AS and Sosial- og helsedirektoratet (Directorate for Health and Social
Affairs)

(Free movement of goods and services — prohibition against alcohol advertisement — trade in wine — Articles 8(3)
and 18 EEA — ‘other technical barriers to trade’ — advertisement of wine — restriction — protection of public
health — principle of proportionality — applicability of the precautionary principle)

(2006/C 45/09)

In Case E-4/04 between Pedicel AS and Sosial- og helsedirektoratet — REQUEST to the Court by Markeds-
rådet (the Market Council), on the interpretation of the rules of free movement of goods and services
within the EEA, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Tresselt
and Thorgeir Örlygsson, Judges, gave judgment on 25 February 2005, the operative part of which is as
follows:

1a. Article 11 EEA is to be understood as not applying to trade in wine.

1b. Article 36 EEA is to be understood as not applying to advertising services related to wine in a case

such as the one at hand.

2. A general prohibition against the advertising of alcoholic beverages such as the one laid down in
Section 9-2 of the Norwegian Alcohol Act constitutes a measure having equivalent effect to a quantita-
tive restriction on imports within the meaning of Article 11 EEA and a restriction within the meaning
of Article 36 EEA, as regards alcoholic beverages falling within the scope of the EEA Agreement.

3.

Such a prohibition may be justified on grounds of the protection of public health, unless it is apparent
that, in the circumstances of law and of fact which characterise the situation in the EEA Contracting
Party concerned, the protection of public health against the harmful effects of alcohol can be secured
by measures having less effect on intra-EEA trade. In a situation such as that at issue, the precautionary
principle as recognized by the Court does not apply.
Commission Regulation (EC) No 336/2005 of 25 February 2005 on the issue of import licences for certain preserved mushrooms imported under the autonomous tariff quota opened by Regulation (EC) No 220/2005
Date: 2005-02-25
Institutions: European Commission
Subjects: CCT duties, import licence, mushroom-growing, preserved product, tariff quota, transitional period (EU)

26.2.2005

EN

Official Journal of the European Union

L 53/23

COMMISSION REGULATION (EC) No 336/2005

of 25 February 2005

on the issue of import licences for certain preserved mushrooms imported under the autonomous
tariff quota opened by Regulation (EC) No 220/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 220/2005 of
10 February 2005 opening and providing for the administration
of an autonomous tariff quota for preserved mushrooms (1), and
in particular Article 6(3) thereof,

Whereas:

Licence applications submitted by traditional and new importers
to the competent authorities of the Member States under Article
4(1) of Regulation (EC) No 220/2005 exceed the available quan-
tities. The extent
to which licences may be issued should
therefore be determined,

Article 1

Import

licences applied for by traditional

1.
importers
pursuant to Article 4(1) of Regulation (EC) No 220/2005 and
submitted to the Commission on 22 February 2005 shall be
issued for 7,853 % of the quantity applied for.

2.
Import licences applied for by new importers pursuant to
Article 4(1) of Regulation (EC) No 220/2005 and submitted to
the Commission on 22 February 2005 shall be issued for
9,615 % of the quantity applied for.

Article 2

This Regulation shall enter into force on 28 February 2005.

It shall apply until 30 June 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

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

(1) OJ L 39, 11.2.2005, p. 11.
Prior notification of a concentration (Case COMP/M.3738 — KODAK/KPG) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-02-25
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, photographic industry, reprography

25.2.2005

EN

Official Journal of the European Union

C 49/7

Prior notification of a concentration

(Case COMP/M.3738 — KODAK/KPG)

Candidate case for simplified procedure

(2005/C 49/04)

(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 undertaking Eastman Kodak
Company (‘Kodak’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control
of the whole of the undertaking Kodak Polychrome Graphics (‘KPG’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Kodak: to produce and sell images printing equipment,

— for undertaking KPG: to provide graphic arts products (film, printing plates, etc.).

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.3738 — KODAK/KPG, 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.
Non-opposition to a notified concentration (Case COMP/M.3705 — KKR/Masonite)Text with EEA relevance
Date: 2005-02-25
Institutions: European Commission
Subjects: access to information, economic concentration, financial institution, manufactured goods, merger control, motor vehicle, purchase, restrictive-practice authorisation

C 49/10

EN

Official Journal of the European Union

25.2.2005

Non-opposition to a notified concentration

(Case COMP/M.3705 — KKR/Masonite)

(2005/C 49/07)

(Text with EEA relevance)

On 17 February 2005, 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 32005M3705. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Commission Regulation (EC) No 338/2005 of 25 February 2005 fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004
Date: 2005-02-25
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

26.2.2005

EN

Official Journal of the European Union

L 53/25

COMMISSION REGULATION (EC) No 338/2005

of 25 February 2005

fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third
countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1785/2003 of
the
29 September 2003 on the common organisation of
market
thereof,

in rice (1), and in particular Article 14(3)

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the rice in question results
in the maximum export refund being fixed at the amount
specified in Article 1.

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 export refund on rice
was issued pursuant
to Commission Regulation (EC)
No 2032/2004 (2).

Article 5 of Commission Regulation (EEC) No 584/75 (3)
in accordance with the
allows the Commission to fix,
procedure laid down in Article 26(2) of Regulation
(EC) No 1785/2003 and on the basis of the tenders
submitted, a maximum export refund.
In fixing this
maximum, the criteria provided for in Article 14(4) of
Regulation (EC) No 1785/2003 must be taken into
account. A contract is awarded to any tenderer whose
tender is equal to or less than the maximum export
refund.

HAS ADOPTED THIS REGULATION:

Article 1

The maximum export refund on wholly milled and parboiled
long grain B rice to be exported to certain third countries
pursuant to the invitation to tender issued in Regulation (EC)
No 2032/2004 is hereby fixed on the basis of the tenders
submitted from 21 to 24 February 2005 at 60,00 EUR/t.

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 270, 21.10.2003, p. 96.
(2) OJ L 353, 27.11.2004, p. 6.
(3) OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation

(EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).
Commission Regulation (EC) No 322/2005 of 25 February 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2005-02-25
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit

26.2.2005

EN

Official Journal of the European Union

L 53/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 322/2005

of 25 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 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

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 53/2

EN

Official Journal of the European Union

26.2.2005

to Commission Regulation of 25 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
624
999

052
068
204
220
999

220
999

052
204
999

052
204
212
220
624
999

204
624
999

052
204
400
464
624
662
999

052
999

400
404
508
512
524
528
720
999

388
400
512
528
999

121,9
66,1
151,1
193,8
133,2

173,6
152,0
115,9
230,6
168,0

36,6
36,6

190,8
176,4
183,6

56,3
46,4
50,5
39,2
67,5
52,0

87,1
84,0
85,6

59,6
97,6
84,9
56,0
87,7
49,9
72,6

56,5
56,5

107,9
96,3
80,2
95,5
56,8
76,5
51,1
80,6

79,3
95,6
58,7
69,1
75,7

(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’.
Corrigendum to Commission Regulation (EC) No 453/2002 of 13 March 2002 adapting Council Regulation (EC) No 2201/96 and Commission Regulations (EC) No 1799/2001, (EC) No 2125/95 and (EC) No 3223/94 as regards the combined nomenclature codes for certain fruits and vegetables (OJ L 72, 14.3.2002)
Date: 2005-02-25
Institutions: European Commission
Subjects: Combined Nomenclature, fruit, vegetable

L 52/64

EN

Official Journal of the European Union

25.2.2005

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 453/2002 of 13 March 2002 adapting Council Regulation (EC)
No 2201/96 and Commission Regulations (EC) No 1799/2001, (EC) No 2125/95 and (EC) No 3223/94 as regards
the combined nomenclature codes for certain fruits and vegetables

(Official Journal of the European Communities L 72 of 14 March 2002)

On page 10, in Article 1, second indent, last line:

for:

‘… ex 0812 90 95’,

read:

‘… ex 0812 90 99’.
Invitation to apply for a permit to extract hydrocarbons in block Q13 of the Dutch continental shelfText with EEA relevance
Date: 2005-02-25
Institutions: European Commission
Subjects: Netherlands, extraction of oil, hydrocarbon, petroleum exploration

C 49/6

EN

Official Journal of the European Union

25.2.2005

Invitation to apply for a permit to extract hydrocarbons in block Q13 of the Dutch continental
shelf

(2005/C 49/03)

(Text with EEA relevance)

The Minister for Economic Affairs of the Kingdom of the Netherlands hereby gives notice that it has
received an application for a permit for the extraction of hydrocarbons in block Q13 as marked on the
map attached as Annex 3 to the Mining Regulation (Staatscourant 2002, No 245).

The Minister for Economic Affairs hereby invites other interested parties, with reference to Article 3(2) of
Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for
granting and using authorisations for the prospection, exploration and production of hydrocarbons, as
referred to in Article 15 of the Mining Act (Staatscourant 2002, No 542), to apply for a permit to extract
hydrocarbons in block Q13 of the Dutch continental shelf.

Applications may be submitted for 13 weeks following the publication of this invitation in the Official
Journal of the European Union and must be sent to the Minister for Economic Affairs, for the attention of the
Director of Energy Production, and marked ‘personal’, Prinses Beatrixlaan 5, The Hague, the Netherlands.
Applications submitted following the expiry of this period will not be considered.

Decisions on applications will be taken at the latest nine months after the expiry of this period.

Further information can be obtained from the following telephone number: (31-70) 379 66 94.
Commission Regulation (EC) No 339/2005 of 25 February 2005 concerning tenders submitted under tendering procedure for the refund on consignment of husked long grain B rice to the island of Réunion referred to in Regulation (EC) No 2033/2004
Date: 2005-02-25
Institutions: European Commission
Subjects: Réunion, award of contract, export subsidy, rice

L 53/26

EN

Official Journal of the European Union

26.2.2005

COMMISSION REGULATION (EC) No 339/2005

of 25 February 2005

concerning tenders submitted under tendering procedure for the refund on consignment of husked
long grain B rice to the island of Réunion referred to in Regulation (EC) No 2033/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1785/2003 of 29
September 2003 on the common organisation of the market in
rice (1), and in particular Article 5(3) thereof,

Having regard to Commission Regulation (EEC) No 2692/89 of
6 September 1989 laying down detailed rules for exports of rice
to Réunion (2), and in particular Article 9(1) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2033/2004 (3) opens an
invitation to tender for the subsidy on rice exported to
Réunion.

to

Article 9 of Regulation (EEC) No 2692/89 allows the
Commission
the
procedure laid down in Article 2b(2) of Regulation (EC)
No 1785/2003 and on the basis of
tenders
submitted, to make no award.

accordance with

decide,

the

in

(3)

(4)

On the basis of the criteria laid down in Articles 2 and 3
of Regulation (EEC) No 2692/89, a maximum subsidy
should not be fixed.

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

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders submitted from 21 to
24 February 2005 in response to the invitation to tender
referred to in Regulation (EC) No 2033/2004 for the subsidy
on exports to Réunion of husked long grain B rice falling within
CN code 1006 20 98.

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 270, 21.10.2003, p. 96.
(2) OJ L 261, 7.9.1989, p. 8. Regulation as last amended by Regulation

(EC) No 1275/2004 (OJ L 241, 13.7.2004, p. 8).

(3) OJ L 353, 27.11.2004, p. 9.
Commission Regulation (EC) No 335/2005 of 25 February 2005 on the issue of import licences for garlic imported under the autonomous tariff quota opened by Regulation (EC) No 218/2005
Date: 2005-02-25
Institutions: European Commission
Subjects: bulb vegetable, import licence, tariff quota

L 53/22

EN

Official Journal of the European Union

26.2.2005

COMMISSION REGULATION (EC) No 335/2005

of 25 February 2005

on the issue of import licences for garlic imported under the autonomous tariff quota opened by
Regulation (EC) No 218/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 218/2005 of
10 February 2005 opening and providing for the administration
of an autonomous tariff quota for garlic (1), and in particular
Article 6(3) thereof,

Whereas:

Licence applications submitted by traditional and new importers
to the competent authorities of the Member States pursuant to
Article 4(1) of Regulation (EC) No 218/2005, exceed the
available quantities. The extent
to which licences may be
issued should therefore be determined,

Article 1

for

import

Applications

licences made by traditional
1.
importers pursuant
to Article 4(1) of Regulation (EC) No
218/2005 and submitted to the Commission by the Member
States on 22 February 2005 shall be issued for 2,985 % of the
quantity applied for.

2.
Applications for import licences made by new importers
pursuant to Article 4(1) of Regulation (EC) No 218/2005 and
submitted to the Commission by the Member States on 22
February 2005 shall be issued for 0,741 % of
the quantity
applied for.

Article 2

This Regulation shall enter into force on 28 February 2005.

It shall apply until 30 June 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

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

(1) OJ L 39, 11.2.2005, p. 5.