19. 12. 81 Official Journal of the European Communities No L 364/39 COMMISSION DECISION of 30 November 1981 authorizing the joint formation of Zentralkokerei Saar GmbH, Dillingen, by two steel-producing undertakings and one coal-producing undertaking (Only the German text is authentic) (81/1007/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 66 thereof, Having regard to Decision No 24/54 of 6 May 1954 laying down, in implementation of Article 66 (1) of the Treaty, a Regulation on what constitutes control of an undertaking (1), Having regard to the application made on 15 May 1981 by Stahlwerke Rochling-Burbach  GmbH, Vélklingen, by Aktiengesellschaft der Dillinger Hiittenwerke, Dillingen, and Saarbergwerke Aktienge- sellschaft, Saarbriicken, for authorization of the joint formation of ‘Zentralkokerei Saar GmbH, Dillingen’, Having obtained the comments of the Government of the Federal Republic of Germany, Whereas : I 1. Stahlwerke Réchling-Burbach GmbH (Rochling- Burbach) is a steel-producing undertaking with a capital of DM 330000000 which is merged with other steel-producing undertakings to form the Arbed group. Aktiengesellschaft ~ der  Dillinger  Hiittenwerke (Dillingen) is a steel-producing undertaking with a capital of DM 178 500 000 which is merged with other steel-producing undertakings to form the Société Financiére Sidérurgique/Sacilor-Aciéries et Laminoirs de Lorraine group (SFS/Sacilor). Saarbergwerke Aktiengesellschaft (Saarberg) is an undertaking engaged in coal production and distribu- tion, with a capital of DM 435000 000. The Federal Republic of Germany has a 74 % holding in Saar- berg’s share capital. Although the Government of the Federal Republic of Germany also exerts direct or indirect control over other coal-producing and coal- () Official Journal of the ECSC No 9, 11. 5. 1954, p. 345. distribution undertakings, these are not subject to any unified planning or decision-making authority. They operate as inter-linked but economically independent undertakings, so that the links between them do not involve any restriction of competition. Scrutiny of the effects of the proposed transaction can therefore be confined to Saarberg’s involvement. The applicants are therefore undertakings within the meaning of Article 80 of the Treaty. 2. Zentralkokerei Saar GmbH (ZKS), the planned joint venture, will be a coke-producing undertaking which is to supply the blast-furnace coke require- ments of Roheisengesellschaft Saar GmbH (Rogesa), a joint venture of its two steel-producing owners. Accordingly, ZKS is also an undertaking within the meaning of Article 80. Saarberg will have a 49 % holding in ZKS, and Réchling-Burbach and Dillingen each a 255 % holding. 11 The planned transaction will bring about a concentra- tion within the meaning of Article 66 (1) of the Treaty. The agreements on the shareholdings in ZKS and on its management prevent any of the parent companies from exercising individual control over the joint venture. Since ZKS will, in principle, serve to supply the blast-furnace coke requirements of Rogesa, it is also to be assumed that Réchling-Burbach and Dillingen will vote along identical lines in the organs of the joint venture. Under the circumstances, ZKS will be controlled jointly by the parent companies, who will operate as a group in the pursuit of the joint object of the business. The joint venture will therefore be merged with Rochling-Burbach and the rest of the Arbed group, with Dillingen and the rest of the SFS/ Sacilor group and with Saarberg and the undertakings controlled by Saarberg, without those groups being merged with each other.