10. 10. 81 Official Journal of the European Communities No L 290/21 COMMISSION COMMISSION DECISION of 14 September 1981 on the joint formation of Eurocoal SA, Brussels, by Etmofina SA, Brussels, and Krupp Handel GmbH, Diisseldorf (Only the Dutch, French and German texts are authentic) (81/789/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 (), Having regard to the application made on 4 February 1981 by Petrofina SA, Brussels, and Krupp Handel GmbH, Diisseldorf, for authorization of the joint formation of Eurocoal SA, Brussels, by Etmofina SA, Brussels, and Krupp Handel GmbH, Disseldorf, Having obtained the comments of the Governments of the Kingdom of Belgium and the Federal Republic of Germany, Whereas : I 1. Eurocoal is intended to handle in combination the coal trade interests of Krupp Handel and Etmo- fina in the common market, with the exception of the Federal Republic of Germany, and in a number of non-member countries. It is further intended that Eurocoal will commence operations in the Federal Republic of Germany at an opportune moment. The joint subsidiary is to trade in solid fuels, no express distinction having been made between supplies obtained from the Community and those obtained from non-member countries. It is estimated that its turnover will reach between one and two million tonnes after five years. ' The founder undertakings will each have a 50 % stake in Eurocoal. (') Official Journal of the ECSC, 11. 5. 1954, p. 345. 2. Etmofina is a wholly owned subsidiary of Petro- fina and is combined with it. Petrofina is a multi- national group engaged mainly in all spheres of the oil industry (discovery, extraction, transportation and refining of crude oil petrochemicals and the marketing of finished products). In 1979, the group achieved a turnover of some Bfrs 273 000 million (about 6800 million ECU). Taking these circum- stances into account, Etmofina is not an undertaking within the meaning of Article 80 of the Treaty. 3.  Krupp Handel is a wholly owned subsidiary of Fried. Krupp GmbH (Krupp Group). The Krupp Group, with which Krupp Handel is combined, is engaged in steel production, shipbuilding, industrial plant production, mechanical engineering, distribu- tion and services (involving, amongst other things, coal). In 1979, the group’s turnover amounted to some DM 13 000 million (about 5150 million ECU). Krupp Handel is an undertaking within the meaning of Article 80 of the Treaty. 4. Both groups are convinced that the changes which have occurred on the world energy market since 1973, together with the ever-decreasing capacity of hydrocarbons to meet energy requirements, will lead to a continuing increase in solid fuel consump- tion. In their view, this will involve not only the emergence of new requirements, but also requirements stemming from the changeover from fuel oil to solid fuel consumption. II The two groups’ trade in solid fuels in the territory covered by the agreement will in future be carried out by the joint subsidiary alone. While Krupp Handel will withdraw from such activity, Petrofina will refrain from becoming active in this market. For the purposes of their joint activity in the field of solid fuels distribu- tion, both groups possess tangible and intangible