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Case No COMP/M.3427 - SITA / SOL / JƒTEƒSSƒT / HY÷TYKESKUS JV

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/07/2004

Also available in the CELEX database Document No 304M3427

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26/07/2004

SG-Greffe(2004) D/203243-203245

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.3427 ñ SITA / SOL / J‰te‰ss‰t / Hyˆtykeskus JV Notification of 26/06/2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 170, 30/06/2004, page 4

1.On 26/06/2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings J‰te‰ss‰t Oy (ìJ‰te‰ss‰tî, Finland), SITA Finland Oy (ìSITAî, Finland), part of the Suez Group and E.ON Group (ìSGî, France and ìEONî, Germany) and SOL Ymp‰ristˆpalvelut Oy (ìSOLî, Finland) belonging to AGR Group (ìAGRî, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Suomen Hyˆtykeskus (the ìHyˆtykeskus JVî, Finland), by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are :

-- for undertaking SITA : waste management services in Finland;

-- for undertaking SOL: collection of waste material in Finland;

-- for undertaking J‰te‰ss‰t: collection of waste material in Finland;

1OJ L 24, 29.1.2004 p. 1

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for undertaking Hyˆtykeskus JV: reprocessing and marketing of fibre based waste material in Finland;

-- for undertaking AGR : waste management services, insurance, sorting, container and advertising services;

-- for undertaking SG: energy, water and waste management;

-- for undertaking EON: energy.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 4 (a) of the Commission Notice on a simplified procedure for treatment of certain

concentrations under Council Regulation (EEC) No 4064/89.

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission

Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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