Communication pursuant to Article 3(2) of Commission Regulation (EC) No 802/2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings.   (Text with EEA relevance)
Date: 2006-10-17
Institutions: European Commission
Subjects: administrative formalities, competition law, economic concentration, exchange of information, form, merger control

C 251/2

EN

Official Journal of the European Union

17.10.2006

Communication pursuant to Article 3(2) of Commission Regulation (EC) No 802/2004 (1) imple-
menting Council Regulation (EC) No 139/2004 (2) on the control of concentrations between under-
takings.

(2006/C 251/02)

(Text with EEA relevance)

Introduction

to Article 3(2) of Commission Regulation (EC) No
The Commission hereby lays down, pursuant
802/2004 (3), the format in which notifications and reasoned submissions should be delivered. Article 3(2)
of Regulation 802/2004 requires notifications and reasoned submissions to be delivered in one original
and 35 copies.

Notifications: Form CO and Short Form CO (Annexes I and II to Commission Regulation (EC) No
802/2004)

1) One signed original on paper.

2) Five paper copies of the entire Form CO or Short Form CO and its annexes (‘notification’).

3) Thirty copies of the notification in CD- or DVD-ROM format (the ‘medium’). The following specifica-

tions shall be adhered to:

a) The files comprising the notification in this medium shall be in Portable Document Format (*.pdf)
and should preferably not exceed 5 MB (mega-bytes) each in size. The copy of the notification may
be contained on several CD- or DVD-ROMs. Documents which were originally produced in *.doc,
*.xls and *.ppt format shall also be saved in this format in the same medium.

b) Files should be named in a way which allows easy identification of the section in the Form CO or

Short Form CO they refer to.

c) A list of all files in the medium shall be delivered as a separate file in the medium.

d) Each file shall bear the number and name of the proceeding for which the notification is submitted.

Reasoned submissions (4): — Form RS (Annex III to Commission Regulation (EC) No 802/2004)

1) One signed original on paper.

2) Five paper copies of the entire Form RS and its annexes (‘Reasoned submission’)

3) One CD- or DVD-ROM (the ‘medium’) which contains the complete reasoned submission. The

following specifications shall be adhered to:

a) The files comprising the reasoned submission in this medium shall be in Portable Document Format
(*.pdf) and may not exceed 1 MB (mega-byte) each in size. Documents which were originally
produced in *.doc, *.xls and *.ppt format shall also be saved in this format in the same medium.

b) Files should be named in a way which allows easy identification of the section in the Form RS they

refer to.

c) A list of files in the medium shall be delivered as a separate file in the medium itself.

d) Each file shall bear the number and name of the proceeding for which the Reasoned submission is

made.

(1) OJ L 133, 30.4.2004, pages 1-39.
(2) OJ L 24, 29.1.2004, pages 1-22.
(3) Article 3(2) should be read together with Article 6(2) of Commission Regulation (EC) No 802/2004.
(4) Reasoned submissions within the meaning of Article 4(4) and 4(5) of Council Regulation (EC) No 139/2004.

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Official Journal of the European Union

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4) If the files on the CD- or DVD-ROM cannot be kept under 1MB (mega-byte) each in size and/or if the
total size of the files on the CD- or DVD-ROM exceeds 5MB, the instructions for submitting Form CO
should be followed instead, i.e. 30 copies in CD- or DVD-ROM format should be submitted.

Date of applicability of this communication

The instructions contained in this communication shall be applicable 20 days following the date of publi-
cation of this communication in the Official Journal of the European Union.