do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3935 — Jefferson Smurfit/Kappa) Text with EEA relevance
Date: 2005-09-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, pulp and paper industry

C 239/2

EN

Official Journal of the European Union

29.9.2005

Prior notification of a concentration

(Case COMP/M.3935 — Jefferson Smurfit/Kappa)

(2005/C 239/02)

(Text with EEA relevance)

1.
On 19 September 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 Jefferson
Smurfit Group (‘JSG’, Ireland) controlled by Madison Dearborn Partners (‘MDP’, US) acquires within the
meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Kappa
Holding B.V. (‘Kappa’, Netherlands), controlled by CVC Capital Partners Limited (‘CVC’, US) and Cinven
Limited (‘Cinven’, UK), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking JSG: manufacturing and sale of corrugated case materials, sheets, and cases and the

recovery of recycled wastepaper;

— for undertaking Kappa: manufacturing and sale of corrugated case materials, corrugated and solid
board sheets, corrugated and solid board cases and graphic and specialty board and the recovery of
recycled wastepaper;

— for undertaking MDP: private equity fund based in the USA.

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.3935 — Jefferson Smurfit/Kappa, 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.
Information communicated by EFTA States regarding State aid granted under Annex XV, point 1f to the EEA Agreement, incorporating Commission Regulation (EC) No 70/2001 of 12 January 2001, as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004, on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises
Date: 2005-09-29
Institutions: EFTA Surveillance Authority
Subjects: EFTA, European Economic Area, Norway, State aid, control of State aid, exchange of information, fire, industrial infrastructure, mountain region, small and medium-sized enterprises

C 239/22

EN

Official Journal of the European Union

29.9.2005

Information communicated by EFTA States regarding State aid granted under Annex XV, point 1f
to the EEA Agreement, incorporating Commission Regulation (EC) No 70/2001 of 12 January
2001, as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004, on the appli-
cation of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

Aid No

EFTA State

Region

(2005/C 239/12)

Aid to SMEs 1/2004

Norway

Nordland, Target zone B

Title of aid scheme or name of company receiving
individual aid

Arbor Hattfjelldal as

Legal basis

Municipal council decision nr. 25/04

Annual expenditure planned under the scheme or
overall amount of individual aid granted to the
company

Aid scheme

Annual overall amount

EUR 158 938
NOK 1 271 500

Maximum aid intensity

In conformity with Article 4(2)-(6) and 5 of the Regulation

Date of implementation

1.6.2004

Duration of scheme or individual aid award

Until 31.12.2005

Objective of aid

Aid to SMEs for investments and rebuilding after a fire

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name
Hattfjelldal kommune att: Ellen Schjalberg

Address
O.T.Olsens vei 3 A
8690 Hattfjelldal, Norway

Large individual grants

Large individual aid grants in conformity with Article 6 of the
Regulation

Aid No

EFTA State

Region

Aid to SMEs 1/2005

Norway

Hedmark and Sør-Trøndelag

Title of aid scheme or name of company receiving
individual aid

Kompensasjonsfondet for Fjellregionen

Legal basis

Lov om stiftelser dated 15 June 2001 No 59
Org.nr: 887 404 682
Handlingsplan (annually adopted)
St.prp. No 1 2004-2005, Chapter 551, Post 61

Annual expenditure planned under the scheme or
overall amount of individual aid granted to the
company

Aid scheme

Annual overall amount

EUR 2,5 million

29.9.2005

EN

Official Journal of the European Union

C 239/23

Maximum aid intensity

Date of implementation

In conformity with Articles 4(2)-(6) and 5 of the Regulation

25.11.2004

Duration of scheme or individual aid award

Until 25.11.2009

Objective of aid

Aid to small and medium sized enterprises in a mountain region

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name
Kompensasjonsfondet for Fjellregionen

Address
Aumlivn 4 C, 2500 Tynset, Norway

Large individual grants

Large individual aid grants in conformity with Article 6 of the
Regulation
Euro exchange rates
Date: 2005-09-29
Institutions: European Commission
Subjects: euro, exchange rate

29.9.2005

EN

Official Journal of the European Union

C 239/1

I

(Information)

COMMISSION

Euro exchange rates (1)

28 September 2005

(2005/C 239/01)

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

1,2037

136,08

7,4617

0,68100

9,3887

1,5556

75,89

7,8265

1,9559

0,5731

29,517

15,6466

248,31

3,4528

0,6960

0,4293

3,9003

3,5446

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

239,51

38,775

1,6272

1,5858

1,4171

9,3397

1,7548

2,0371

KRW South Korean won

1 248,72

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,7407

9,7426

7,4375

Indonesian rupiah

12 482,37

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,538

67,497

34,3380

49,554

(1) Source:

reference exchange rate published by the ECB.
Commission Regulation (EC) No 1597/2005 of 29 September 2005 on the issuing of export licences for wine-sector products
Date: 2005-09-29
Institutions: European Commission
Subjects: export licence, viticulture

30.9.2005

EN

Official Journal of the European Union

L 254/53

COMMISSION REGULATION (EC) No 1597/2005

of 29 September 2005

on the issuing of export licences for wine-sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 883/2001 of
24 April 2001,
laying down detailed rules for implementing
Council Regulation (EC) No 1493/1999 as regards trade with
third countries in products in the wine sector (1), and in
particular Article 7 and Article 9(3) thereof,

Whereas:

(1)

(2)

Article 63(7) of Council Regulation (EC) No 1493/1999
of 17 May 1999 on the common organisation of the
market in wine (2), limits the grant of export refunds for
wine-sector products to the volumes and expenditure
contained in the Agreement on Agriculture concluded
during the Uruguay Round multilateral
trade nego-
tiations.

Article 9 of Regulation (EC) No 883/2001 lays down the
conditions under which the Commission may take
specific measures to prevent an overrun of the quantity
the said
laid down or
Agreement.

the budget available under

2005, the quantity still available for the period until
15 November 2005,
for destination zone (2) Asia,
referred to in Article 9(5) of Regulation (EC) No
883/2001, could be exceeded unless the issue of export
licences with advance fixing of the refund is restricted.
Therefore, a single percentage for the acceptance of appli-
cations
submitted from 21 to 27 September 2005
should be applied and the submission of applications
and the issue of licences suspended for this zone until
16 November 2005,

HAS ADOPTED THIS REGULATION:

Article 1

Export

licences with advance fixing of

1.
the refund for
for which applications are submitted
wine-sector products
from 21 to 27 September 2005 under Regulation (EC)
No 883/2001 shall be issued in concurrence with 61,95 % of
the quantities requested for zone (2) Asia.

The issue of export

2.
for wine-sector products
licences
referred to in paragraph 1 for which applications are submitted
from 28 September 2005 and the submission of export licence
destination
September
applications
zone (2) Asia shall be suspended until 16 November 2005.

from 30

2005

for

(3)

On the basis of
information on export licence appli-
cations available to the Commission on 28 September

Article 2

This Regulation shall enter into force on 30 September 2005.

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

Done at Brussels, 29 September 2005.

For the Commission

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

(1) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regu-

lation (EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

(2) OJ L 179, 14.7.1999, p. 1. Regulation as

(EC) No 1188/2005 (OJ

last amended by
L 193,

Commission Regulation
23.7.2005, p. 24).
Commission Regulation (EC) No 1596/2005 of 29 September 2005 fixing production refunds on cereals
Date: 2005-09-29
Institutions: European Commission
Subjects: production refund, starch

L 254/52

EN

Official Journal of the European Union

30.9.2005

COMMISSION REGULATION (EC) No 1596/2005

of 29 September 2005

fixing production refunds on cereals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of
29 September 2003, on the common organisation of
the
market in cereals (1), and in particular Article 8(2) thereof,

(2)

(3)

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

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

Whereas:

(1)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

(a) EUR/tonne 12,64 for starch from maize, wheat, barley and

oats;

(b) EUR/tonne 21,54 for potato starch.

Article 2

This Regulation shall enter into force on 30 September 2005.

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

Done at Brussels, 29 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regu-

lation (EC) No 1548/2004 (OJ L 280, 31.8.2004, p. 11).
Non-opposition to a notified concentration (Case COMP/M.3732 — Procter & Gamble/Gillette) Text with EEA relevance
Date: 2005-09-29
Institutions: European Commission
Subjects: consumer goods, cosmetic product, economic concentration, merger control, polishing and scouring preparations, restrictive-practice authorisation, toiletries

C 239/12

EN

Official Journal of the European Union

29.9.2005

Non-opposition to a notified concentration

(Case COMP/M.3732 — Procter & Gamble/Gillette)

(2005/C 239/06)

(Text with EEA relevance)

On 15 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(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 32005M3732. 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.3924 — Apax/Panrico)

(2005/C 239/07)

(Text with EEA relevance)

On 19 September 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 32005M3924. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Commission Regulation (EC) No 1593/2005 of 29 September 2005 fixing the maximum export refund for white sugar to certain third countries for the 7th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005
Date: 2005-09-29
Institutions: European Commission
Subjects: award of contract, export refund, third country, white sugar

L 254/46

EN

Official Journal of the European Union

30.9.2005

COMMISSION REGULATION (EC) No 1593/2005

of 29 September 2005

fixing the maximum export refund for white sugar to certain third countries for the 7th partial
invitation to tender issued within the framework of the standing invitation to tender provided for
in Regulation (EC) No 1138/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1260/2001 of
19 June 2001 on the common organisation of the markets in
the sugar sector (1) and in particular the second indent of
Article 27(5) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1138/2005 of 15 July
2005 on a standing invitation to tender to determine
levies and/or refunds on exports of white sugar (2), for
invi-
the 2005/2006 marketing year, requires partial
tations to tender to be issued for the export of this
sugar to certain third countries.

(2)

Pursuant
to Article 9(1) of Regulation (EC) No
1138/2005 a maximum export refund shall be fixed,

the

as the case may be, account being taken in particular
the
of
Community and world markets in sugar, for the partial
invitation to tender in question.

and foreseeable development of

state

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 7th partial invitation to tender for white sugar issued
to Regulation (EC) No 1138/2005 the maximum
pursuant
amount of the export refund shall be 39,848 EUR/100 kg.

Article 2

This Regulation shall enter into force on 30 September 2005.

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

Done at Brussels, 29 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 185, 16.7.2005, p. 3.
Commission Regulation (EC) No 1588/2005 of 29 September 2005 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
Date: 2005-09-29
Institutions: European Commission
Subjects: award of contract, butter, export refund

L 254/36

EN

Official Journal of the European Union

30.9.2005

COMMISSION REGULATION (EC) No 1588/2005

of 29 September 2005

fixing the maximum export refund for butter in the framework of the standing invitation to tender
provided for in Regulation (EC) No 581/2004

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 the third sub-
paragraph of Article 31(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 581/2004 of 26 March
2004 opening a standing invitation to tender for export
refunds concerning certain types of butter (2) provides for
a permanent tender.

Pursuant to Article 5 of Commission Regulation (EC)
No 580/2004 of 26 March 2004 establishing a tender
procedure concerning export refunds for certain milk
products (3)
the

and following an examination of

tenders submitted in response to the invitation to tender,
it is appropriate to fix a maximum export refund for the
tendering period ending on 27 September 2005.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

the permanent
for

tender opened by Regulation (EC)
For
tendering period ending on 27
No 581/2004,
September 2005,
the maximum amount of refund for the
products referred to in Article 1(1) of that Regulation shall be
as shown in the Annex to this Regulation.

the

Article 2

This Regulation shall enter into force on 30 September 2005.

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

Done at Brussels, 29 September 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 90, 27.3.2004, p. 64. Regulation as last amended by Regu-

lation (EC) No 1239/2005 (OJ L 200, 30.7.2005, p. 32).

(3) OJ L 90, 27.3.2004, p. 58. Regulation as amended by Regulation

(EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

30.9.2005

EN

Official Journal of the European Union

L 254/37

ANNEX

Product

Export refund Code

(EUR/100 kg)

Maximum amount of export refund for export
to the destinations referred to in the second
subparagraph of Article 1(1) of Regulation (EC)
No 581/2004

Butter

Butter

Butteroil

ex 0405 10 19 9500

ex 0405 10 19 9700

ex 0405 90 10 9000

—

99,00

121,00
2005/677/EC, Euratom: Council Decision of 20 September 2005 appointing a member of the European Economic and Social Committee
Date: 2005-09-29
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, appointment of staff

L 256/54

EN

Official Journal of the European Union

1.10.2005

COUNCIL DECISION

of 20 September 2005

appointing a member of the European Economic and Social Committee

(2005/677/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article
167 thereof,

Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members
of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the French Government,

Having regard to the opinion of the European Commission,

Whereas a member’s seat on the European Economic and Social Committee has fallen vacant, following the
resignation of Mr Thierry UHLMANN, of which the Council was informed on 28 November 2004,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Hervé COUPEAU is hereby appointed a member of the European Economic and Social Committee in
place of Mr Thierry UHLMANN for the remainder of his term of office, namely until 20 September 2006.

This Decision shall be published in the Official Journal of the European Union.

Article 2

It shall take effect on the date of its adoption.

Done at Brussels, 20 September 2005.

For the Council
The President

M. BECKETT

(1) OJ L 253, 21.9.2002, p. 9.