do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3862 — Bilfinger Berger/WIB/JVC) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-07-05
Institutions: European Commission
Subjects: economic concentration, merger control, property development, real estate business

C 163/6

EN

Official Journal of the European Union

5.7.2005

Prior notification of a concentration

(Case COMP/M.3862 — Bilfinger Berger/WIB/JVC)

Candidate case for simplified procedure

(2005/C 163/04)

(Text with EEA relevance)

1.
On 22 June 2005, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bilfinger Berger AG (‘Bilfinger Berger’,
Germany) and Westdeutsche Immobilienbank (‘WIB’, Germany), belonging to the group WestLB AG
(‘WestLB’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control
of JVC (‘JVC’, 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 Bilfinger Berger: planning, building and operation of construction projects;

— for WIB: real estate financing and portfolio management;

— for JVC: combines Bilfinger Berger and WIB's activities in real estate management services

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.3862 — Bilfinger Berger/WIB/JVC, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 1052/2005 of 5 July 2005 fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges, lemons and apples)
Date: 2005-07-05
Institutions: European Commission
Subjects: citrus fruit, export licence, export refund, fruit vegetable, pip fruit

6.7.2005

EN

Official Journal of the European Union

L 173/7

COMMISSION REGULATION (EC) No 1052/2005

of 5 July 2005

fixing the definitive rate of refund and the percentage of system B export licences to be issued in
the fruit and vegetables sector (tomatoes, oranges, lemons and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the market
in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001
of 8 October 2001 on detailed rules for implementing Council
Regulation (EC) No 2200/96 as regards export refunds on fruit
and vegetables (2), and in particular Article 6(7) thereof,

Whereas:

refund for

The definitive rate of
tomatoes, oranges,
lemons and apples covered by licences applied for
under system B between 14 May 2005 to 30 June
2005, should be fixed at the indicative rate, and the
percentage of
licences to be issued for the quantities
applied for should be laid down,

HAS ADOPTED THIS REGULATION:

Article 1

for

system B export

submitted
For applications
to Article 1 of Regulation (EC) No 618/2005
pursuant
between 14 May 2005 and 30 June 2005, the percentages of
licences to be issued and the rates of refund applicable are fixed
in the Annex hereto.

licences

(1)

Commission Regulation (EC) No 618/2005 (3) fixed the
indicative quantities for the issue of B system export
licences.

Article 2

This Regulation shall enter into force on 6 July 2005.

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

Done at Brussels, 5 July 2005.

For the Commission

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

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 1).
(2) OJ L 268, 9.10.2001, p. 8. Regulation as amended by Regulation

(EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

(3) OJ L 103, 22.4.2005, p. 22.

L 173/8

EN

Official Journal of the European Union

6.7.2005

Percentages for the issuing of licences and rates of refund applicable to system B licences applied for between
14 May 2005 to 30 June 2005 (tomatoes, oranges, lemons and apples)

ANNEX

Product

Rate of refund
(EUR/t net)

Percentages of licences to
be issued for the quan-
tities applied for

Tomatoes

Oranges

Lemons

Apples

35

35

60

36

100 %

100 %

100 %

100 %
Euro exchange rates
Date: 2005-07-05
Institutions: European Commission
Subjects: euro, exchange rate

C 163/4

EN

Official Journal of the European Union

5.7.2005

COMMISSION

Euro exchange rates (1)

4 July 2005

(2005/C 163/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

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

Latvian lats

Maltese lira

Polish zloty

RON

Romanian leu

1,1894

132,67

7,4524

0,67645

9,4740

1,5484

78,18

7,8815

1,9560

0,5735

30,013

15,6466

247,15

3,4528

0,6961

0,4293

4,0168

3,6009

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,45

38,310

1,6008

1,5876

1,4784

9,2462

1,7536

2,0149

KRW South Korean won

1 235,97

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

8,1584

9,8441

7,3250

Indonesian rupiah

11 733,43

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,521

66,815

34,2790

49,296

(1) Source:

reference exchange rate published by the ECB.
European Parliament legislative resolution on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council amending for the 22nd time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (phthalates in toys and childcare articles) (5467/1/2005 - C6-0092/2005 - 1999/0238(COD))
Date: 2005-07-05
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: approximation of laws, consumer protection, dangerous substance, early childhood, marketing restriction, product safety, toy industry

6.7.2006

EN

Official Journal of the European Union

C 157 E/57

Tuesday 5 July 2005

— having regard to Rules 6(2) and 7 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0213/2005),

1.

Decides to waive the immunity of Ashley Mote;

Instructs its President immediately to forward this decision and the report of its committee to the

2.
appropriate authority of the United Kingdom.

P6_TA(2005)0266

Phthalates in toys and childcare articles ***II

European Parliament legislative resolution on the Council common position with a view to the
the Council amending for the
adoption of a directive of
regulations
22nd time Council Directive 76/769/EEC on the approximation of
and administrative provisions of the Member States relating to restrictions on the marketing and
use of certain dangerous substances and preparations (phthalates in toys and childcare articles)
(5467/1/2005 — C6-0092/2005 — 1999/0238(COD))

the European Parliament and of

the laws,

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (5467/1/2005 — C6-0092/2005),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1999)0577) (2),

— having regard to Article 251(2) of the EC Treaty,

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Environment, Public

Health and Food Safety (A6-0196/2005),

— having regard to the Commission statements which are annexed to this legislative resolution and which

will be published together with the legislative act in the Official Journal,

1.

2.

Approves the common position as amended;

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 121, 24.4.2001, p. 410.
(2) OJ C 116 E, 26.4.2000, p. 14.
Prior notification of a concentration (Case COMP/M.3854 — IPIC/OMV/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-07-05
Institutions: European Commission
Subjects: chemical industry, economic concentration, investment company, merger control, oil industry

5.7.2005

EN

Official Journal of the European Union

C 163/5

Prior notification of a concentration

(Case COMP/M.3854 — IPIC/OMV/JV)

Candidate case for simplified procedure

(2005/C 163/03)

(Text with EEA relevance)

1.
On 24 june 2005 the Commission received a notification of a proposed concentration pursuant to
Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by
which the undertakings International Petroleum Investment Company (‘IPIC’, Abu Dhabi, United Arab
Emirates) and OMV Aktiengesellschaft (‘OMV’, Austria) acquire within the meaning of Article 3(1)(b) of the
Council Regulation joint control of the undertaking AMI Agrolinz Melamine International GmbH (‘AMI’,
Austria), currently solely controlled by OMV, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking IPIC: investments in energy-related companies outside the United Arab Emirates;

— for undertaking OMV: exploration, production, refining and distribution of mineral oil products;

— for undertaking AMI: production of chemicals, in particular melamine, fertilizers and wood additives.

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. 3854 — IPIC/OMV/JV, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
European Parliament legislative resolution on the proposal for a Council directive on the control of potato cyst nematodes (COM(2005)0151 - C6-0116/2005 - 2005/0058(CNS))
Date: 2005-07-05
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: plant disease, plant health control, plant health legislation, plant health treatment, potato

6.7.2006

EN

Official Journal of the European Union

C 157 E/53

Tuesday 5 July 2005

TEXTS ADOPTED

P6_TA(2005)0261

Control of potato cyst nematodes *

European Parliament legislative resolution on the proposal for a Council directive on the control of
potato cyst nematodes (COM(2005)0151 — C6-0116/2005 — 2005/0058(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0151) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0116/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development (A6-0192/2005),

Approves the Commission proposal;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.
tially;

4.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

P6_TA(2005)0262

Protocol to Agreement on Maritime Transport with China *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion
of a Protocol amending the Agreement on Maritime Transport between the European Community
and its Member States, of the one part, and the People's Republic of China, of the other part, to
take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic
of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European
Union (COM(2004)0864 — C6-0180/2005 — 2004/0290(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the proposal for a Council decision (COM(2004)0864) (1),

— having regard to Articles 71(1), 80 and 300(2) of the EC Treaty,

(1) Not yet published in OJ.
European Parliament decision on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))
Date: 2005-07-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Italy, Member of the European Parliament, criminal procedure, parliamentary immunity, political morality

6.7.2006

EN

Official Journal of the European Union

C 157 E/71

Tuesday 5 July 2005

3.
European Parliament decision on the request for defence of the immunity and privileges of
Umberto Bossi (2004/2101(IMM))

The European Parliament,

— having regard to the request by a barrister acting for Mr Umberto Bossi, for defence of his immunity
in connection with criminal proceedings pending before the Milan Magistrates' Court, of 7 May 2004,
announced in plenary sitting on 22 July 2004,

— having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of
the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election
of the members of the European Parliament by direct universal suffrage,

— having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the

European Communities,

— having regard to Rules 6(3) and 7 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0210/2005),

A. whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start
of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July
1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on
15 December 1999, mandate expired on 10 June 2001 for incompatibility),

B.

C.

whereas Members of the European Parliament are to enjoy in their own state immunity from legal
proceedings equivalent to that of a Member of the Parliament of that state (2),

whereas in the case covered by the judgment of the Milan Magistrates' Court Umberto Bossi used
violence against, and threatened, officers of the Italian police, who were conducting a search of the
premises of the Milan headquarters of the Lega Nord, ordered by the Verona Public Prosecutor,

D. whereas at that time Umberto Bossi was a member of the Italian Parliament and the Italian Constitu-
tional Court decided, on 17 May 2001, that he did not enjoy parliamentary immunity, finding that
insults and acts of resistance and violence are in no way acts in which parliamentary privilege may
apply,

E.

whereas in such a case only Article 10(a) of the above Protocol can be applied and it appears that
Members of the Italian Parliament do not enjoy Parliamentary immunity in respect of legal proceed-
ings in such circumstances,

Decides not to defend the immunity and privileges of Umberto Bossi in connection with the criminal

1.
proceedings pending before the Milan Magistrates' Court.

(1) Case 101/63: Wagner v. Fohrmann and Krier [1964] ECR 195 and Case 149/85: Wybot v. Faure and others [1986]

ECR 2391.

(2) Article 10(a) of the Protocol on the Privileges and Immunities of the European Communities.
Information regarding the date from which points 11 to 14, 21, 23 to 26, 33 and 36 of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply   (Text with EEA relevance)
Date: 2005-07-05
Institutions: European Commission
Subjects: EU trade mark, application of EU law, trade-mark law

C 163/8

EN

Official Journal of the European Union

5.7.2005

Information regarding the date from which points 11 to 14, 21, 23 to 26, 33 and 36 of Council
Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the
Community trade mark shall apply

(2005/C 163/06)

(Text with EEA relevance)

Points 11 to 14, 21, 23 to 26, 32, 33 and 36 of Article 1 of Council Regulation (EC) No 422/2004 of 19
February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply from the
same day as the entry into force of Commission Regulation (EC) No 1042/2005 (1) amending Commission
Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on
the Community trade mark as well as Commission Regulation (EC) No 1041/2005 (2) amending Regulation
(EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the
Internal Market (Trade Marks and Designs).

(1) OJ L 172, 5.7.2005, p. 22.
(2) OJ L 172, 5.7.2005, p. 4.
Commission Regulation (EC) No 1049/2005 of 5 July 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2005-07-05
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit, stone fruit

6.7.2005

EN

Official Journal of the European Union

L 173/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1049/2005

of 5 July 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
fruit and vegetables (1), and in
import arrangements
particular Article 4(1) thereof,

for

Whereas:

standard values for imports from third countries,
in
respect of the products and periods stipulated in the
Annex thereto.

(2)

In compliance with the above criteria,
the standard
import values must be fixed at the levels set out in the
Annex to this Regulation,

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.

(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

Article 2

This Regulation shall enter into force on 6 July 2005.

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

Done at Brussels, 5 July 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 173/2

EN

Official Journal of the European Union

6.7.2005

to Commission Regulation of 5 July 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 90 70

0805 50 10

0808 10 80

0808 20 50

0809 10 00

0809 20 95

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

052
096
999

052
999

052
999

382
388
528
999

388
400
404
508
512
528
720
804
999

388
512
528
800
999

052
999

052
400
999

624
999

61,4
25,6
43,5

90,5
90,5

86,0
86,0

71,1
63,7
69,8
68,2

84,8
112,4
94,3
76,1
77,9
64,9
78,9
92,7
85,3

87,0
78,0
67,0
55,9
72,0

191,6
191,6

285,8
317,1
301,5

121,4
121,4

(1) Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of

other origin’.
Commission Regulation (EC) No 1050/2005 of 5 July 2005 amending Regulation (EC) No 2377/1999 laying down the marketing standard for asparagus
Date: 2005-07-05
Institutions: European Commission
Subjects: marketing standard, perennial vegetable

6.7.2005

EN

Official Journal of the European Union

L 173/3

COMMISSION REGULATION (EC) No 1050/2005

of 5 July 2005

amending Regulation (EC) No 2377/1999 laying down the marketing standard for asparagus

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), and in particular Article 2(2) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2377/1999 (2)
lays
down the marketing standard for asparagus. The Annex
in its part concerning minimum
to this Regulation,
requirements of quality, stipulates that the shoots may
have been washed but not soaked.

is common practice in the sector

It
asparagus shoots
order to avoid them becoming pink.

to put white
into iced water before packing in

(3)

(4)

(5)

Therefore, in order to take this practice into account, the
provision concerning minimum requirement
to
unsuitable washing should be amended.

as

Regulation (EC) No 2377/1999 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2377/1999 is amended in
accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th 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, 5 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

(2) OJ L 287, 10.11.1999, p. 6. Regulation as last amended by Regu-

lation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50).

L 173/4

EN

Official Journal of the European Union

6.7.2005

ANNEX

In point A (minimum requirements) of
No 2377/1999, the third indent is replaced by the following:

title II

(provisions concerning quality) of

the Annex to Regulation (EC)

‘— free from damage caused by unsuitable washing or cooling,’.