do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.3751 — Novartis/Hexal) Text with EEA relevance
Date: 2005-07-08
Institutions: European Commission
Subjects: disclosure of information, economic concentration, generic drug, medicinal product, merger control, pharmaceutical product, restrictive-practice authorisation, veterinary drug

8.7.2005

EN

Official Journal of the European Union

C 168/51

Non-opposition to a notified concentration

(Case COMP/M.3751 — Novartis/Hexal)

(2005/C 168/11)

(Text with EEA relevance)

On 27 May 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(2) of Council Regulation (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 32005M3751. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.3843 — Macquairie/CDPQ/Yellow Brick Road)

(2005/C 168/12)

(Text with EEA relevance)

On 1 July 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 Regulation (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 32005M3843. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Decision of the EEA Joint Committee No 105/2005 of  8 July 2005  amending Annex XI (Telecommunication services) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: Iceland, Norway, access to information, data collection, dissemination of information, information, public sector

24.11.2005

EN

Official Journal of the European Union

L 306/41

DECISION OF THE EEA JOINT COMMITTEE

No 105/2005

of 8 July 2005

amending Annex XI (Telecommunication services) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1) Annex XI to the Agreement was amended by Decision of the EEA Joint Committee No 39/2005 of

11 March 2005 (1).

(2) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the

re-use of public sector information (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 5j (Directive 98/84/EC of the European Parliament and of
the Council) of Annex XI to the Agreement:

‘5k. 32003 L 0098: Directive 2003/98/EC of the European Parliament and of the Council of
17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).’

Article 2

The text of Directive 2003/98/EC in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 9 July 2005, provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 198, 28.7.2005, p. 36.
(2) OJ L 345, 31.12.2003, p. 90.
(*)

Constitutional requirements indicated.

L 306/42

EN

Official Journal of the European Union

24.11.2005

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Done at Brussels, 8 July 2005.

For the EEA Joint Committee

The President

HSH Prinz Nikolaus von LIECHTENSTEIN
Non-opposition to a notified concentration (Case COMP/M.3816 — Apax/Mölnlycke) Text with EEA relevance
Date: 2005-07-08
Institutions: European Commission
Subjects: disclosure of information, economic concentration, investment company, medical device, merger control, restrictive-practice authorisation

C 168/52

EN

Official Journal of the European Union

8.7.2005

Non-opposition to a notified concentration

(Case COMP/M.3816 — Apax/Mölnlycke)

(2005/C 168/13)

(Text with EEA relevance)

On 15 June 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 Regulation
(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 32005M3816. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Decision of the EEA Joint Committee No 104/2005 of  8 July 2005  amending Annex XI (Telecommunication Services) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: Iceland, Norway, United States, air transport, cross-frontier data flow, personal data, protection of privacy

24.11.2005

EN

Official Journal of the European Union

L 306/39

DECISION OF THE EEA JOINT COMMITTEE

No 104/2005

of 8 July 2005

amending Annex XI (Telecommunication Services) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1) Annex XI to the Agreement was amended by Decision of the EEA Joint Committee No 39/2005 of

11 March 2005 (1).

(2) Commission Decision 2004/535/EC of 14 May 2004 on the adequate protection of personal data
contained in the Passenger Name Record of air passengers transferred to the United States’ Bureau of
Customs and Border Protection (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 5ei (Commission Decision 2004/411/EC) of Annex XI to
the Agreement:

‘5ej. 32004 D 0535: Commission Decision 2004/535/EC of 14 May 2004 on the adequate
protection of personal data contained in the Passenger Name Record of air passengers
transferred to the United States’ Bureau of Customs and Border Protection (OJ L 235, 6.7.2004,
p. 11).’

Article 2

The text of Decision 2004/535/EC, in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 9 July 2005, provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 198, 28.7.2005, p. 36.
(2) OJ L 235, 6.7.2004 p. 11.
(*) No constitutional requirements indicated.

L 306/40

EN

Official Journal of the European Union

24.11.2005

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Done at Brussels, 8 July 2005.

For the EEA Joint Committee

The President

HSH Prinz Nikolaus von LIECHTENSTEIN
Decision of the EEA Joint Committee No 98/2005 of  8 July 2005  amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: Iceland, Norway, animal product, foodstuff, foodstuffs legislation, veterinary drug

L 306/26

EN

Official Journal of the European Union

24.11.2005

DECISION OF THE EEA JOINT COMMITTEE

No 98/2005

of 8 July 2005

amending Annex II (Technical regulations, standards, testing and certification) to the EEA
Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1) Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 60/2005 of

29 April 2005 (1).

(2) Commission Regulation (EC) No 2232/2004 of 23 December 2004 amending Annexes I, II and III
to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment
of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, as regards
altrenogest, beclomethasone dipropionate, cloprostenol, r-cloprostenol, sorbitan sesquioleate and
toltrazuril (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 14 (Council Regulation (EEC) No 2377/90) of Chapter XIII of
Annex II to the Agreement:

‘— 32004 R 2232: Commission Regulation (EC) No 2232/2004 of 23 December 2004 (OJ L 379,

24.12.2004, p. 71).’

Article 2

The text of Regulation (EC) No 2232/2004 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 9 July 2005, provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 239, 15.9.2005, p. 40.
(2) OJ L 379, 24.12.2004, p. 71.
(*) No constitutional requirements indicated.

24.11.2005

EN

Official Journal of the European Union

L 306/27

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Done at Brussels, 8 July 2005.

For the EEA Joint Committee

The President

HSH Prinz Nikolaus von LIECHTENSTEIN
Commission Regulation (EC) No 1088/2005 of 8 July 2005 determining the world market price for unginned cotton
Date: 2005-07-08
Institutions: European Commission
Subjects: cotton, world market price

L 177/34

EN

Official Journal of the European Union

9.7.2005

COMMISSION REGULATION (EC) No 1088/2005

of 8 July 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 22,523 EUR/100 kg.

Article 2

This Regulation shall enter into force on 9 July 2005.

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

Done at Brussels, 8 July 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).
Decision of the EEA Joint Committee No 100/2005 of  8 July 2005  amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: Iceland, Norway, acid, consumer protection, cosmetic product, product safety, technical regulations

L 306/30

EN

Official Journal of the European Union

24.11.2005

DECISION OF THE EEA JOINT COMMITTEE

No 100/2005

of 8 July 2005

amending Annex II (Technical regulations, standards, testing and certification) to the EEA
Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1) Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 63/2005 of

29 April 2005 (1).

(2) Commission Directive 2005/9/EC of 28 January 2005 amending Council Directive 76/768/EEC,
for the purposes of adapting Annex VII thereto to technical

concerning cosmetic products,
progress (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 1 (Council Directive 76/768/EEC) of Chapter XVI of Annex II
to the Agreement:

‘— 32005 L 0009: Commission Directive 2005/9/EC of 28 January 2005 (OJ L 27, 29.1.2005,

p 46).’

Article 2

The text of Directive 2005/9/EC in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 9 July 2005, provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 239, 15.9.2005, p. 46.
(2) OJ L 27, 29.1.2005, p. 46.
(*) No constitutional requirements indicated.

24.11.2005

EN

Official Journal of the European Union

L 306/31

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Done at Brussels, 8 July 2005.

For the EEA Joint Committee

The President

HSH Prinz Nikolaus von LIECHTENSTEIN
Communication from the French Government concerning 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 (Notice regarding an application for an exclusive licence to prospect for liquid and gaseous hydrocarbons, known as a Permis de Moret-sur-Loing)   (Text with EEA relevance)
Date: 2005-07-08
Institutions: France
Subjects: France, energy site, exploitation of resources, hydrocarbon, management of resources, oil industry, petroleum exploration

C 168/40

EN

Official Journal of the European Union

8.7.2005

Communication from the French Government concerning Directive 94/22/EC of the European
Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisa-
tions for the prospection, exploration and production of hydrocarbons (1)

(Notice regarding an application for an exclusive licence to prospect for liquid and gaseous hydrocarbons, known as a
‘Permis de Moret-sur-Loing’)

(2005/C 168/08)

(Text with EEA relevance)

By request of 17 January 2005, Géopétrol SA, a company with registered offices at 9, rue Nicolas Copernic
BP 20, 93151 (Seine Saint-Denis) Le Blanc-Mesnil Cedex, France, applied for an exclusive licence, for a
period of four years, to prospect for liquid and gaseous hydrocarbons known as a ‘Permis de Moret-sur-
Loing’, over an area of approximately 200 km2 in the department of Seine et Marne.

The perimeter of the area covered by this licence is made up of the meridian and parallel arcs successively
joining the vertices of a polygon defined below by their geographical coordinates, the original meridian
being that of Paris:

VERTICES

1

2

3

4

LONGITUDE

0.30 degrees E

0.60 degrees E

0.60 degrees E

0.30 degrees E

LATITUDE

53.80 degrees N

53.80 degrees N

53.70 degrees N

53.70 degrees N

Interested companies may, within ninety days of the publication of this notice, submit a competing appli-
cation in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights
for hydrocarbons in France’ published in Official Journal of the European Communities C 374 of 30 December
1994, page 11, and established by Decree 95-427 of 19 April 1995 regarding mining rights (Official
Journal of the French Republic of 22 April 1995).

Further information can be obtained from the Ministry of Economic Affairs, Finance and Industry (Direc-
torate-General for Energy and Raw Materials, Directorate for Energy and Mineral Resources, Bureau of
Mining Legislation), 61, Boulevard Vincent Auriol, Télédoc 133, F-75703 Paris Cedex 13, France, (tel. (33)
44 97 23 02, fax (33) 44 97 05 70).

(1) OJ L 164, 30.6.1994, p. 3.
Uniform application of the Combined Nomenclature (CN) (Classification of goods)
Date: 2005-07-08
Institutions: European Commission
Subjects: Combined Nomenclature, tariff nomenclature, textile product

8.7.2005

EN

Official Journal of the European Union

C 168/25

UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

(2005/C 168/05)

Publication of Explanatory Notes adopted under Article 10(1) of Council Regulation (EEC) No
2658/87 of 23 July 1987, on the tariff and statistical nomenclature and on the Common Customs
Tariff (1)

The Explanatory Notes to the combined nomenclature of the European Communities (2) shall be amended
as follows:

Page 227

6104 41 00
to
6104 49 00

dresses

Insert the following text after the second sentence of the explanatory note:

‘This term also encompasses transparent dresses.’

Page 232

Insert the following text after the explanatory note to ‘6112 11 00 to 6112 19 00’:

‘6112 31 10
to
6112 49 90

Men's or boys' swimwear
and
Women's or girls' swimwear

See the HS Explanatory Notes to heading 6112, (C), mentioning that heading 6112 includes inter alia swim-
ming shorts and trunks, whether or not elastic.

Swimming shorts are garments which, because of their general appearance, cut and nature of fabric, are
intended to be worn solely or mainly as swimwear and not as “shorts” of heading 6103 or 6104. In
general they are entirely or mainly made of man-made fibres.

Swimming shorts must have all the following characteristics:

have inner briefs sewn to the garment or at least

— a lining in the front or the crotch

— be tight at the waist (e.g. have a drawstring or a fully elasticated waist)

Swimming shorts may have pockets provided that

— the outside pockets have a firm fastening system (e.g. they have to have a zip fastening or velcro type

fastening to close the pocket completely, i.e. they may not be fastened at intervals)

— the inside pockets have the same firm fastening system as the outside pockets mentioned above.
However, inside pockets when fixed to the waist may merely have an overlap closing system provided
that it assures complete closure of the pocket opening.

Swimming shorts cannot have any of the following characteristics:

— a front opening even if closed by a closing system

— an opening at the waist even if closed by a closing system.’

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Council Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005,

p. 1).

(2) OJ C 256, 23.10.2002, p. 1.

C 168/26

EN

Official Journal of the European Union

8.7.2005

Page 238

Insert the following text after the heading text of ‘6211’:

‘6211 11 00
to
6211 12 00

Men's or boys' swimwear
and
Women's or girls' swimwear

See the HS Explanatory Notes to heading 6211, 1st paragraph.

The Explanatory Notes to subheadings 6112 31 10 to 6112 49 90 apply, mutatis mutandis.’
Prior notification of a concentration (Case COMP/M.3873 — DAIG/Viterra) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-07-08
Institutions: European Commission
Subjects: economic concentration, exchange of information, hiring, investment, merger control, real property, sale

C 168/50

EN

Official Journal of the European Union

8.7.2005

Prior notification of a concentration

(Case COMP/M.3873 — DAIG/Viterra)

Candidate case for simplified procedure

(2005/C 168/10)

(Text with EEA relevance)

1. On 29 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 the Deutsche Annington Immobilien
GmbH (‘DAIG’, Germany) belonging to the group Terra Firma acquires within the meaning of Article
3(1)(b) of the Council Regulation control of the whole of Viterra Gruppe (‘Viterra’, Germany) by way of
purchase of shares.

2. The business activities of the undertakings concerned are:

— for Terra Firma: Private Equity Investor,

— for DAIG: real estate sales and rental,

— for Viterra: real estate sales, rental and development.

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.

4. The Commission invites interested third parties to submit their possible observations on the proposed

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.3873 — DAIG/Viterra, 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.