15.4.2004 Official Journal of the European Union L107/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 17 April 2002 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2547 — Bayer/Aventis Crop Science) (notified under document number C(2002) 1462) (Only the English text is authentic) (Text with EEA relevance) (2004/304/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’s decision of 4 December 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, () OJ L 395, 30.12.1989, p. 1; corrected version in OJ L 257, 21.9.1990, p. 13. () OJL180,9.7.1997,p. 1. Having regard to the opinion of the Advisory Committee on Concentrations (3), Having regard to the final report of the Hearing Officer in this case (4), Whereas: (1) On 29 October 2001 Bayer AG (Bayer) notified the Commission of its intention to acquire all shares in Aventis Crop Science Holding SA (ACS), constituting the agrochemical business of Aventis SA. (2) After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Regulation (EEC) No 4064/89 (the Merger Regulation’) and raises serious doubts as to its compatibility with the common market and with the EEA Agreement. Therefore, on 4 December 2001, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. (3) 0] C 91, 15.4.2004. (*) 0J C91,15.4.2004.