Disclaimer :

The Competition DG makes the information provided by the notifying parties in section 1.2 of Form CO available to the public in order to increase transparency. This information has been prepared by the notifying parties under their sole responsibility, and its content in no way prejudges the view the Commission may take of the planned operation. Nor can the Commission be held responsible for any incorrect or misleading information contained therein.

SECTION 1.2

Description of the concentration

This Short Form CO relates to the proposed creation of a full-function joint venture (“JV”) by INEOS Enterprises Limited, Champagne Céréales and C. Thywissen GmbH (“Thywissen”) for the production of biodiesel and other related by-products.

INEOS Enterprises Limited is a UK private limited liability company. It is part of the wider INEOS Group comprising INEOS Group Limited, INEOS Enterprises Limited, INEOS Paraform Limited and Vinyls Italia Limited (together “INEOS”). INEOS is a leading global manufacturer of petrochemicals, specialty chemicals and oil products. It comprises 18 businesses each with a major chemical company heritage. INEOS’ production network spans 68 manufacturing facilities in 17 countries throughout the world. INEOS Enterprises France SAS is active in the production and sale of biodiesel and its by-product glycerine.

Champagne Céréales (“CC”) is a French cooperative owned by over 9,200 farmers, which acts as a first buyer of its members’ products (including oilseeds), which it then markets nationally and internationally. CC is also active in the processing of agricultural commodities. Finally, CC acts as a centralised purchaser on behalf of its members for products such as agro-chemical products and other consumables used by farmers.

Thywissen is a German limited liability company privately owned by 14 family partners. Thywissen is active in the production, procurement and trading of oilseeds, vegetable oils, proteins, malt and malt flours. More specifically, Thywissen is active in the production, procurement and trading of oilseeds and vegetable oils (and its by-product meal) via its subsidiary Protein und Ölwerke GmbH.

The notifying parties submit that the proposed transaction fulfils the conditions of both paragraphs 1.1.1 and 1.1.3 of Annex II of the Regulation 802/2004 implementing Regulation 139/2004(“ECMR”) and is therefore eligible to be reviewed under the simplified procedure as set out in the Commission Notice on a simplified procedure

1Commission Regulation (EC) No 802/2004 of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, OJ 2004, L133/1.

2Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, OJ 2004, L24/1.