L 289/8 Official Journal of the European Communities 6.11.2001 COMMISSION COMMISSION DECISION of 6 December 2000 on the compatibility of a concentration with the common market and with the EEA Agreement (Case COMP/M.1940 — Framatome/Siemens/Cogéma/JV) (notified under document number C(2000) 3691) (Only the English text is authentic) (Text with EEA relevance) (2001/769/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, and in particular Article 57(2)(a) thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), as last amended by Regulation (EC) No 1310/97 (3, and in particular Article 8(2) thereof, Having regard to the Commission decision of 11 August 2000 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, Having regard to the opinion of the Advisory Committee on Concentrations (%), Whereas: 1 " ) 0) On 10 July 2000, the Commission received a notification of a proposed concentration by which Framatome SA (Framatome’), France, Siemens AG (Siemens’), Germany, and Cogéma SA (‘Cogéma’), France, will establish a full-function joint venture (New]JV'). On 11 August 2000 the Commission decided, pursuant to Article 6(1)(c) of Regulation (EEC) No 4064/89 (‘the Merger Regulation’) and Article 57 of the EEA Agreement, to initiate proceedings in this case. I. THE PARTIES AND THE OPERATION Framatome is a designer and manufacturer of nuclear power plants (NPP’) and manufactures the main equipment of the primary systems, ie. the core part, of a NPP. Furthermore, Framatome designs, produces and markets fuel assemblies for NPPs. Framatome, moreover, is active in the production of connectors for electrical and electronic applications. The French State directly or indirectly (in particular through Cogéma) owns approximately 85 % of Framatome's shares. Siemens, a publicly listed company, is active in electrical engineering and electronics, which cover the areas of energy, industry, automation, transportation, medical engineering, information and communication and semiconductor. In the nuclear sector, Siemens is active in the design and supply of different types of NPPs, including its related necessary components and materials, such as fuel assemblies. Siemens manufactures equipment for NPPs, for example instrumentation and control systems, various replacement pieces, etc. 95, 30.12.1989, p. 1: corrected version (O] L 257, 21.9.1990, p. 13). oL 3 0] L 180, 9.7.1997, p. 1. 0] C3 09, 6.11.2001