4.4.2003 Official Journal of the European Union L 881 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 November 2001 authorising the merger between Arbed SA, Aceralia Corporacién Sideriirgica SA and Usinor SA into Newco Steel (Case COMP[ECSC.1351 — USINOR/ARBED/ACERALIA) (notified under document number C(2001) 3696) (Only the English text is authentic) (2003/215[ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 66(2) thereof, Having regard to the Notice concerning the alignment of procedures for processing mergers under the ECSC and EC Treaties (1), Having regard to the notification submitted by the parties dated 18 June 2001 and to subsequent information, Having regard to the Commission letter of 19 July 2001 communicating to the parties the Commission's serious concerns, Having given the companies concerned the opportunity to reply to the Commission's objections, Having regard to the final report of the Hearing Officer in this case (9), Whereas: (), On 18 June 2001, the Commission received a notification, under Article 66 of the ECSC Treaty, of a proposed concentration whereby the undertakings () Commission Notice concerning the alignment of procedures for processing mergers under the ECSC and EC Treaties (O] C 66, 2.3.1998, p. 36). () 0] C 81 of 4.4.2003. Arbed SA (Arbed), incorporated in Luxembourg, Aceralia  Corporacion  Siderdrgica SA  (Aceralia), incorporated in Spain, which is controlled by Arbed (%), and Usinor SA (Usinor), incorporated in France, merge into a new entity, provisionally named Newco Steel (Newco), to be incorporated in Luxembourg, by way of a public offer to exchange the shares of Aceralia, Arbed and Usinor with those of the new entity. (2)  After examining the notification, the Commission has come to the conclusion that the proposed concentration falls within the scope of Article 66 of the ECSC Treaty, read in conjunction with Article 80 thereof. In so far as the proposed concentration concerns products or markets which do not fall within the scope of the ECSC Treaty (namely, tailored blanks, construction profiles, sandwich panels and steel tubes), 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 () applies (°). This Decision concerns only those parts of the proposed concentration which fall within the scope of the ECSC Treaty. I. THE PARTIES (3)  Aceralia is a company incorporated as a sociedad anonima under Spanish law. It is controlled by Arbed. It (}) Cases No. IV/M.0980 and IV/ECSC.1237 — Arbed/Aceralia. (% OJ L 395, 30.12.1989 p- 1; corrected version in O] L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. (%) Cf. Case No COMP/M.2382 — Usinor/Arbed/Aceralia.