2.3.2006 Official Journal of the European Union L 6111 I (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 6 October 2004 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3099 — Areva/Urenco) (notified under document number C(2004) 3676) (Only the English version is authentic) (2006/170/EC) On 6 October 2004 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (1), and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address: http:/ [europa.eu.int/comm/competition/index_en.html I. THE JOINT REFERRAL REQUEST PURSUANT TO ARTICLE 22 OF THE MERGER REGULATION On 8 and 26 April 2004, the Commission received a joint referral request from the authorities of France, Sweden and Germany, pursuant to Article 22 of Council Regulation (EEC) No 4064/89 (3, (the ‘Merger Regulation’) to investigate a proposed concentration by which the undertaking Société de participations du Commissariat a I'Energie Atomique SA (‘Areva’, France) acquires joint control of Enrichment Technology Company Limited (ETC, United Kingdom), formerly solely controlled by the undertaking Urenco Limited (‘Urenco’, United Kingdom). II. THE PARTIES Areva is controlled by Commissariat a IEnergie Atomique (‘CEA’), which in turn is controlled by the L 24, 29.1.2004, p. 1. L 395, 30.12.1989, p. 1, corrigendum O] L 257, 21.9.1990, p. 13; Regulation as last amended by Regulation (EC) No 1310/97 OJ L 180, 9.7.1997, p. 1, corrigendum O] L 40, 13.2.1998, p. 17). French state. Areva is active in three main areas: (a) all stages of the nuclear power business, (b) the connector business, and (c) transportation and distribution of elec- tricity. It is in particular active on the uranium enrichment services market via its subsidiary, Eurodif and it owns the largest European enrichment plant. The plant is ageing and uses the outdated and expensive gas diffusion technology. Eurodif has a nominal capacity of 10,8 million separative work units (SWU) per year and in 2002 Eurodif made deliveries of approximately 9 million SWU. Urenco Limited was established under the umbrella of the Treaty of Almelo which was concluded in the early 1970s between Germany, the Netherlands and the UK in order to develop and exploit centrifuge technology for uranium enrichment. Urenco is the holding company of the Urenco group, which includes two main companies, Uranium Enrichment Company (UEC) and Enrichment Technology Company (ETC). UEC is active on a worldwide level in the provision of uranium enrichment services with the modern and efficient centrifugation technology. ETC is involved in the development, design and manufacturing of centrifuges for uranium enrichment. The shareholders of Urenco include British Nuclear Fuels, RWE and EON.