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C 316/2 EN Official Journal of the European Communities 14.10.


Information procedure — technical regulations

(98/C 316/02)
(Text with EEA relevance)

—ÙDirective 83/189/EEC of 28 March 1983 laying down a procedure for the provision of
information in the field of technical standards and regulations
(OJ L 109, 26.4.1983, p. 8).
—ÙDirective 88/182/EEC of 22 March 1988 amending Directive 83/189/EEC
(OJ L 81, 26.3.1988, p. 75).
—ÙDirective 94/10/EC of the European Parliament and the Council of 23 March 1994
materially amending for the second time Directive 83/189/EEC
(OJ L 100, 19.4.1994, p. 30).
Notifications of draft national technical regulations received by the Commission.

ReferenceØ(Î) Title EcheanceØ(Ï)

98/399/NL Regulation amending the Regulation on the transport of dangerous substances by inland 11.12.1998
waterways 1997 (Dutch designation: VBG)

98/400/A Order of the Upper Austrian Provincial Government on the installation and operation of 16.12.1998
lifts (Upper Austrian Lift Order 1998)

98/401/F Order amending the Order of 5 September 1989 on the use of enzyme preparations in 11.12.1998
the production of certain foodstuffs and beverages for human consumption

98/402/F Order amending the Order of 5 September on the use of enzyme preparations in the 11.12.1998
production of certain foodstuffs and beverages for human consumption

98/403/D Order governing requirements for installations for the storage and decanting of dung and 11.12.1998
silage percolating juices

98/404/I Decree containing ‘Definition of minor uses’ 11.12.1998

98/405/F Decree amending Decree No 90-897 of 1 October 1990 regulating fireworks 14.12.1998

98/406/NL Draft amendment to the Exemption Order (Commodities Act) on vitamin preparations 15.12.1998

98/407/NL Order governing an amendment to the subsidy scheme for energy provision in the (Ñ)
non-profit-making and private sectors

98/408/S SJVFS 1998:10 The (Swedish) National Board of Agriculture’s administrative provisions 17.12.1998
on environmental subsidies (the environmental subsidies provisions)

98/409/DK Order on organic foodstuffs 18.12.1998

98/410/F Order laying down the compulsory implementation of standards 16.12.1998

(Î)ÙYear — registration number — Member State of origin.

(Ï)ÙPeriod during which the draft may not be adopted.
(Ð)ÙNo standstill period since the Commission accepts the grounds of urgent adoption invoked by the notifying Member State.
(Ñ)ÙNo standstill period since the measure concerns technical specifications or other requirements linked to fiscal or financial measures, pursuant to the
third indent of the second paragraph of Article 1(9) of Directive 93/189/EEC.
(Ò)ÙInformation procedure closed.

The Commission draws attention to the judgment given on 30 April 1996 in the ‘CIA Security’
case (C-194/94), in which the Court of Justice ruled that Articles 8 and 9 of Directive
83/189/EEC are to be interpreted as meaning that individuals may rely on them before the
national court which must decline to apply a national technical regulation which has not been
notified in accordance with the Directive.

This judgment confirms the Commission’s communication of 1 October 1986 (OJ C 245,
1.10.1986, p. 4).
14.10.98 EN Official Journal of the European Communities C 316/3

Accordingly, breach of the obligation to notify renders the technical regulations concerned
inapplicable, so that they are unenforceable against individuals.

Information on these notifications can be obtained from the national administrations, a list of
which was published in Official Journal of the European Communities C 324 of 30 October

Prior notification of a concentration

(Case No IV/M.1269 — LSG/Onexcorp/Sky Chefs/Caterair)

(98/C 316/03)

(Text with EEA relevance)

1.ÚÙOn 5 October 1998, the Commission received notification of a proposed concentration

pursuant to Article 4 of Council Regulation (EEC) No 4064/89Ø(Î), as last amended by Regu-
lation (EC) No 1310/97Ø(Ï), by which Arlington Services Holding Corporation, controlled by
Onex Food Services Inc., and Lufthansa Service Holding AG, controlled by Deutsche
Lufthansa AG acquire within the meaning of Article 3(1)(b) of the Regulation joint control of
Sky Chefs UK Ltd, Sky Chefs Barcelona SA, Sky Chefs Madrid SA and Sky Chefs France SA,
by way of purchase of shares in a newly created company constituting a joint venture.

2.ÚÙThe business activities of the undertakings concerned are:

—ÙArlington (US): airline catering services,

—ÙLufthansa Service Holding AG (Germany): airline catering services,

—ÙSky Chefs (United Kingdom, Spain, France): airline catering services.

3.ÚÙOn preliminary examination, the Commission finds that the notified concentration could
fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this
point is reserved.

4.ÚÙThe Commission invites interested third parties to submit their possible observations on
the proposed operation.

Observations must reach the Commission not later than 10 days following the date of this
publication. Observations can be sent by fax (No (32-2) 296Ø43Ø01 or 296Ø72Ø44) or by post,
under reference IV/M.1269 — LSG/Onexcorp/Sky Chefs/Caterair, to the following address:

European Commission,
Directorate-General for Competition (DG IV),
Directorate B — Merger Task Force,
Avenue de Cortenberg/Kortenberglaan 150,
B-1040 Brussels.

(Î)ÙOJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

(Ï)ÙOJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.