12.8.2005   

EN

Official Journal of the European Union

C 197/1

12.8.2005   

EN

Official Journal of the European Union

C 197/2

1.

On 14 June 2005 the Republic of Austria notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Austria to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

2.

Upon accession to the European Union at the beginning of 1995, the Republic of Austria had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 69 and point 4 of Annex VIII of the 1994 Act of Accession of the Republic of Austria provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Austria before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Austria to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

3.

On 16 November 2001 the Republic of Austria notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/366/EC of 15 May 2002 (4) on the national provisions notified by the Republic of Austria under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

4.

The national legislation prohibits on the territory of the Republic of Austria the marketing of phosphorous mineral fertilizers containing 5 % P2O5 or more and containing cadmium at concentrations in excess of 75 mg/kg P2O5.

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

7.

The Austrian authority justify its request by referring to:

8.

The Republic of Austria therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force. According to Austria, this national Regulation is justified by important grounds within the meaning of Article 30 of the Treaty establishing the European Community and in relation to environmental protection.

9.

Possible observations on the notification thus made by the Republic of Austria submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

10.

Further information regarding the request from the Republic of Austria can be obtained from:

Contact point in the European Commission:

12.8.2005   

EN

Official Journal of the European Union

C 197/4

1.

On 7 June 2005 the Republic of Finland notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Finland to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

2.

Upon accession to the European Union at the beginning of 1995, the Republic of Finland had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 84 and point 2 of Annex X of the Act of Accession of the Republic of Finland provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Finland before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Finland to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

3.

On 7 December 2001 the Republic of Finland notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/398/EC of 24 May 2002 (4) on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

4.

The national legislation of the Republic of Finland provides that agricultural and horticultural fertilizers may contain no more than 50 mg of cadmium for each kilogram of phosphorus. The value is mentioned in Section 3 of the Decision of the Ministry of Agriculture and Forestry (45/1994) of 21 January 1994.

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

7.

The Finnish authority justify its request by referring to a risk assessment carried out in accordance with a methodology approved by the Commission (‘Cadmium in fertilizers — risks to human health and the environment, Ministry of Agriculture and Forestry in Finland, Publications 4/2000’) which was submitted to the Commission in connection with the processing of Commission Decision 2002/398/EC.

The risk assessment showed that, regarding the environment, the Finnish soil and waters are highly sensitive to negative impacts caused by cadmium. Already the present cadmium content of arable land causes damage to living organisms in the soil and, due to cadmium leached from arable lands, to living organisms in waters. The risk assessment also took account of the special features of the Finnish environment, such as high acidity of arable land and waters, large quantities of organic matter and soft waters. These all have impacts on the binding and movement of cadmium and toxicity of organisms. In view of the human health, at present a relatively small share of the elderly population in Finland belongs to a risk group with respect to cadmium, i.e. excessive absorption of cadmium may have negative health impacts on them. Increase in the cadmium content in fertilizers would lead to a considerable increase in the number of people belonging to this risk group.

8.

The Republic of Finland therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force

9.

Possible observations on the notification thus made by the Republic of Finland submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

10.

Further information regarding the request from the Republic of Finland can be obtained from:

Contact point in the European Commission:

12.8.2005   

EN

Official Journal of the European Union

C 197/6

1.

On 29 June 2005 the Kingdom of Sweden notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Kingdom of Sweden to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

2.

Upon accession to the European Union at the beginning of 1995, the Kingdom of Sweden had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 112 and point 4 of Annex XII of the Act of Accession of the Kingdom of Sweden provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Kingdom of Sweden before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Kingdom of Sweden to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

3.

On 7 December 2001 the Kingdom of Sweden notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/399/EC of 24 May 2002 (4) on the national provisions notified by the Kingdom of Sweden under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

4.

The national legislation prohibits on the territory of the Kingdom of Sweden the marketing and the transfer of fertilizers covered by customs tariffs numbers 25.10, 28.09, 28.35, 31.03 and 31.05 containing cadmium at concentrations in excess of 100 grams per tonne of phosphorus.

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

7.

The Swedish authority justify its request by referring to a risk assessment carried out by Sweden and other Member States. The assessments follows an agreed methodology for risk assessments based on the guidelines concerning risk assessments on community level according to the Council Regulation (EC) No 793/93/EEC (5) of 23 March 1993 on the evaluation and control of the risks of existing substance. The Swedish risk assessment is published on the internet homepage www.forum.europa.eu.int/enterprise.

The Swedish risk assessment shows that if fertilizers with a higher cadmium content than today would be allowed, this would lead to a substantial increase of the cadmium concentrations in soils. These high concentrations of cadmium in soils would lead to toxic effects on soil organisms. Unacceptable concentrations could also appear in watercourses in agricultural regions.

Furthermore, the risk assessment shows that if fertilizers with higher cadmium content than today would be allowed this would lead to a substantial increase in the dietary intake of cadmium. The safety margin between today's exposure and the WHO (6) Provisional Tolerable Weekly Intake level is extremely small. For some high-risk groups, such as women with low body iron stores, there are no safety margins at all. A high dietary intake of cadmium could therefore lead to a larger number of people who could be affected by reduced kidney functions and increased osteoporosis.

8.

The Kingdom of Sweden therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force.

9.

Possible observations on the notification thus made by the Kingdom of Sweden submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

10.

Further information regarding the request from the Kingdom of Sweden can be obtained from:

Contact point in the European Commission:

12.8.2005   

EN

Official Journal of the European Union

C 197/8

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either from the GATT tariff quota open by Council Decision 2001/404/EC (1),

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or from preferential tariff measures, contained in agreements which the Community has concluded with or arrangements it has adopted unilaterally in respect of certain countries or group of countries.

12.8.2005   

EN

Official Journal of the European Union

C 197/9

1.

On 5 August 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 Apax Europe VI (Apax, Guernsey), belonging to the Hirzell Trust, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole Versatel Deutschland Holding GmbH (Versatel, Germany), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

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. 3915 — Apax/Versatel, to the following address:

12.8.2005   

EN

Official Journal of the European Union

C 197/10

1.

On 5 August 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 Tele2 Netherlands B.V., controlled by Tele2 A.B. (‘Tele2’, Sweden), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the Dutch and Belgian parts of Versatel Telecom International N.V. (‘Versatel’, the Netherlands) by way of public bid announced on 18 July 2005.

2.

The business activities of the undertakings concerned are:

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.

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.3914 — Tele2/Versatel, to the following address:

12.8.2005   

EN

Official Journal of the European Union

C 197/11

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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,

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in electronic form on the EUR-Lex website under document number 32005M3845. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)