5.9.2003 Official Journal of the European Union L223/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 July 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/ JV.55 — Hutchison/RCPM/ECT) (notified under document number C(2001) 1723) (Only the English text is authentic) (Text with EEA relevance) (2003/625/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to the Agreement on the European Economic Area, and in particular Article 57 thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as last amended by Regulation (EC) No 1310/ 97 (3), and in particular Article 8(2) thereof, Having regard to the Commission decision of 1 March 2001 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 (3), (1) OJL395,30.12.1989, p. 1; corrigendum in OJ L 257, 21.9.1990, p. 13. () OJL 180,9.7.1997, p. 1. (3) O] C 210, 5.9.2003. Whereas: I. INTRODUCTION On 31 January 2001, the Commission received notifi- cation pursuant to Article 4 of Regulation (EEC) No 4064/89 (the merger Regulation’) by which the undertakings Hutchison Ports Netherlands BV (‘Hutchi- son’) and Rotterdam Container Participatie Maatschappij BV (RCPM) acquire within the meaning of Article 3(1)(b) of that Regulation joint control of the undertaking Europe Combined Terminals BV. On 1 March 2001, the Commission decided in accord- ance with Article 6(1)(c) of the merger Regulation and Article 57 of the EEA Agreement to initiate proceedings in this case. The present operation was preceded by a similar oper- ation notified to the Commission pursuant to Article 4 of the merger Regulation in March 1999 (Case COMP/ M.1412). That operation involved the proposed joint acquisition by Hutchison Port Holdings Ltd (HPH’) and Rotterdam Municipal Port Management (RMPM’) of ECT through a single-purpose holding company so that the parties would have joint control of ECT.