title: Commission Decision of 15/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9079 - Advent International Corporation / KN Group) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 15.10.2018
                                                                C(2018) 6865 final
                                                                      PUBLIC VERSION
                                                                To the notifying party:
Subject:        Case M.9079 - ADVENT INTERNATIONAL CORPORATION / KN GROUP
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 20 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Advent
        International Corporation ("AIC", U.S.A.) acquires within the meaning of Article 3(1)(b)
        of the Merger Regulation sole control of KN Network Services Holdings Limited ("KN",
        Ireland) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
          –        for AIC: private equity investor which sponsors funds that invest globally,
          –        for KN: provision of services to the telecommunication, media installations,
                   transport infrastructure and power sectors, in Ireland and in the UK.
3.      After examination of the notification, the European Commission has concluded that the
        notified operation falls within the scope of the Merger Regulation and of paragraph 5(c)
        and 6 of the Commission Notice on a simplified procedure for treatment of certain
        concentrations under Council Regulation (EC) No 139/2004.4
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 345, 27.9.2018, p. 11.
4       OJ C 366, 14.12.2013, p. 5.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
                                                 2


title: Commission Decision of 15/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9109 - Alberta Investment Management Corporation / Canada Pension Plan Investment Board / British Columbia Investment Management Corporation / OMERS Administration Corporation / PGGM Vermogensbeheer B.V. / Puget Holdings LLC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 15.10.218
                                                                C(2018) 6881 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9109 - OMERS / BCI / AIMCo / PGGM / CPPIB / PUGET
                HOLDINGS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 21 September 2018, the European Commission received notification of a proposed
         concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
         OMERS Administration Corporation ("OMERS", Canada), British Columbia Investment
         Management Corporation ("BCI", Canada), Alberta Investment Management Corporation
         ("AIMCo", Canada), PGGM Vermogensbeheer B.V. ("PGGM", The Netherlands),
         ultimately controlled by PGGM Cooperatie U.A. (The Netherlands), and Canada Pension
         Plan Investment Board ("CPPIB", Canada) acquire, within the meaning of Article 3(1)(b)
         and 3(4) of the Merger Regulation, joint control over the whole of Puget Holdings LLC
         ("Puget", USA) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for OMERS: OMERS acts as the administrator of the OMERS pension plans and the
              trustee of the pension funds related to the pension plans. It manages a wide array of
              investments, including in the public equity, fixed income and alternative investment
              markets of Canada and globally;
             for BCI: BCI is a large institutional investor, investing in fixed income, mortgages,
              public and private equity, real estate, infrastructure and renewable resources. BCI is an
              agent of the Government of British Columbia in Canada;
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 347, 28.9.2018, p. 22.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---        for AIMCo: AIMCo is one of Canada’s largest institutional investment fund managers.
        AIMCo is an agent of HMQ (the legal personification of the Canadian Province of
        Alberta);
       for PGGM: PGGM is subsidiary of PGGM N.V., a Dutch pension administrator
        specialised in the administration of collective pensions. It manages inter alia the
        PGGM Infrastructure Fund;
       for CPPIB: CPPIB is an investment management organisation that invests the funds
        transferred to it by the Canada Pension Plan Fund. It principally invests in public
        equities, private equities, real estate, infrastructure and fixed income investments;
       for Puget: Puget conducts substantially all of its operations through Puget Sound
        Energy which is a regulated utility company providing electric and natural gas services
        in the state of Washington, United States of America. The primary business involves
        electricity generation, transmission and distribution, as well as distribution of natural
        gas.
3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraph 5(a)
   and (b) of the Commission Notice on a simplified procedure for treatment of certain
   concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                       For the Commission
                                                       (Signed)
                                                       Johannes LAITENBERGER
                                                       Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                     2


title: Commission Decision of 15/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9092 - EQT Fund Management S.à r.l / Holding d’Infrastructures des Métiers de l’Environnement S.A.S) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 15.10.2018
                                                                C(2018) 6880 final
                                                                      PUBLIC VERSION
                                                                To the Notifying Party
Subject:        Case M.9092 - EQT FUND MANAGEMENT / SAUR
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 21 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        EQT Fund Management S.a.r.l. ("EQT", Luxembourg) acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation indirect sole control over the whole of the
        undertaking Saur S.A.S. ("Saur", France) via the acquisition of Holding d'Infrastructures
        des Metiers de l'Environnement S.A.S. ("HIME", France) which indirectly owns Saur, by
        way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             EQT is a financial investor and it invests in a variety of industries;
             Saur is active in the water and wastewater management in France. Saur also designs
              and constructs water infrastructure, including drinking water production and
              wastewater treatment plants for municipalities as well as water and wastewater
              treatment systems for industries.
3.      After examination of the notification, the European Commission has concluded that the
        notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 347, 28.9.2018, p. 20.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2


Commission Decision of 12/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9096 - Vallourec Tubes / Vallourec Umbilicals / Groupe BPIFRANCE) according to Council Regulation (EC) No 139/2004 (Only the French text is authentic)


title: Commission Decision of 12/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9086 - 3i Group plc / Arbejdsmarkedets Tillægspension / Brent Holding AS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                 Brussels, 12.10.2018
                                                                 C(2018) 6854 final
                                                                        PUBLIC VERSION
                                                                 To the notifying parties:
Subject:        Case M.9086 – 3i / ARBEJDSMARKEDETS TILLAEGSPENSION /
                TAMPNET
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                 1                                                                            2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 12 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which 3i Group plc ("3i",
        United Kingdom) and Arbejdsmarkedets Tillægspension ("ATP", Denmark), acquire
        within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole
        of Brent Holding AS (operating under the name "Tampnet", Norway)3 by way of purchase
        of shares.
2.      The business activities of the undertakings concerned are:
             for 3i: investor and investment management business focused on mid-market private
              equity and infrastructure investments;
             for ATP: public pension provider;
             for Tampnet: provider of communication infrastructure and services to the offshore
              industry.
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3     Publication in the Official Journal of the European Union No C 332, 19.09.2018, p. 7.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of
   the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                    For the Commission
                                                    (Signed)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                  2


title: Council Decision (EU, Euratom) 2018/1588 of 15 October 2018 appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee

text:
                  23.10.2018

                  EN

                  Official Journal of the European Union

                  L 264/22

         COUNCIL DECISION (EU, Euratom) 2018/1588
         of 15 October 2018
         appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
         Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
         Having regard to the proposal of the Swedish Government,
         Having regard to the opinion of the European Commission,
         Whereas:

                     (1)

                     On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

                     (2)

                     A member's seat on the European Economic and Social Committee has become vacant following the end of the mandate of Mr Erik SVENSSON,

               HAS ADOPTED THIS DECISION:

            Article 1
            Mr Christian ARDHE, EU Affairs advisor, Heimdal European Affairs, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.

            Article 2
            This Decision shall enter into force on the date of its adoption.

            Done at Luxembourg, 15 October 2018.

                  For the Council

                  The President

               E. KÖSTINGER

            (1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

            (2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).


title: Commission Decision (EU) 2018/1590 of 19 October 2018 amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements (notified under document C(2018) 6805) (Text with EEA relevance.)

text:
                  23.10.2018

                  EN

                  Official Journal of the European Union

                  L 264/24

         COMMISSION DECISION (EU) 2018/1590
         of 19 October 2018
         amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements

               (notified under document C(2018) 6805)

         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,
         After consulting the European Union Ecolabelling Board,
         Whereas:

                     (1)

                     The validity of the ecological criteria for the award of the EU Ecolabel for printed paper, and of the related assessment and verification requirements, set out in Commission Decision 2012/481/EU (2) expires on 31 December 2018.

                     (2)

                     The validity of the ecological criteria for the award of the EU Ecolabel for bed mattresses, and of the related assessment and verification requirements, set out in Commission Decision 2014/391/EU (3) expires on 23 June 2018.

                     (3)

                     The validity of the ecological criteria for the award of the EU Ecolabel for absorbent hygiene products, and of the related assessment and verification requirements, set out in Commission Decision 2014/763/EU (4) expires on 24 October 2018.

                     (4)

                     The validity of the ecological criteria for the award of the EU Ecolabel for rinse-off cosmetic products, and of the related assessment and verification requirements, set out in Commission Decision 2014/893/EU (5) expires on 9 December 2018.

                     (5)

                     In line with the conclusions of the EU Ecolabel Fitness check (REFIT) of 30 June 2017 (6), the Commission, together with the EU Ecolabelling Board has assessed the relevance of each product group before proposing its prolongation. This assessment confirmed the appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU. This assessment showed moreover the relevance of maintaining these product groups under the EU Ecolabel, but in some cases through bundling these product groups with other existing product groups in order to improve synergies across product groups and increase the uptake of EU Ecolabel. In the revision appropriate attention should be paid to the coherence between relevant EU policies, legislation and scientific evidence.

                     (6)

                     Printed paper and converted paper products are very closely linked. Furthermore, there is an ongoing revision process for graphic paper products, a substrate for printed paper. To improve synergies and increase the uptake of EU Ecolabel for these product groups, the validity period of the current criteria for printed paper products should be aligned with the one of converted paper, until 31 December 2020.

                     (7)

                     To increase the uptake of EU ecolabel for bed mattresses, considerations should be given to merging this product group with the furniture product group. As a first step, the validity period of the current criteria for bed mattresses should be aligned with the one of furniture, until 28 July 2022.

                     (8)

                     Regarding absorbent hygiene products, to give stability to the market and to current and potential future licence holders that can result in an additional uptake by industry, the current EU Ecolabel criteria for absorbent hygiene products should be prolonged until 31 December 2022.

                     (9)

                     The EU Ecolabel criteria for rinse-off cosmetic products should be prolonged until 31 December 2021 to allow to conclude their revision.

                     (10)

                     It is therefore appropriate to prolong the period of validity of those criteria and assessment and verification requirements.

                     (11)

                     Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU should therefore be amended accordingly.

                     (12)

                     The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

               HAS ADOPTED THIS DECISION:

            Article 1
            Article 4 of Decision 2012/481/EU is replaced by the following:

                  ‘Article 4
                  The ecological criteria for the product group “printed paper”, as well as the related assessment and verification requirements, shall be valid until 31 December 2020.’.

            Article 2
            Article 4 of Decision 2014/391/EU is replaced by the following:

                  ‘Article 4
                  The ecological criteria for the product group “bed mattresses”, as well as the related assessment and verification requirements, shall be valid until 28 July 2022.’.

            Article 3
            Article 4 of Decision 2014/763/EU is replaced by the following:

                  ‘Article 4
                  The ecological criteria for the product group “absorbent hygiene products”, as well as the related assessment and verification requirements, shall be valid until 31 December 2022.’.

            Article 4
            Article 4 of Decision 2014/893/EU is replaced by the following:

                  ‘Article 4
                  The ecological criteria for the product group “rinse-off cosmetic products”, as well as the related assessment and verification requirements shall be valid until 31 December 2021.’.

            Article 5
            This Decision is addressed to the Member States.

            Done at Brussels, 19 October 2018.

                  For the Commission

               Karmenu VELLA

                  Member of the Commission

            (1)  OJ L 27, 30.1.2010, p. 1.

            (2)  Commission Decision 2012/481/EU of 16 August 2012 establishing the ecological criteria for the award of the EU Ecolabel for printed paper (OJ L 223, 21.8.2012, p. 55).

            (3)  Commission Decision 2014/391/EU of 23 June 2014 establishing the ecological criteria for the award of the EU Ecolabel for bed mattresses (OJ L 184, 25.6.2014, p. 18).

            (4)  Commission Decision 2014/763/EU of 24 October 2014 establishing the ecological criteria for the award of the EU Ecolabel for absorbent hygiene products (OJ L 320, 6.11.2014, p. 46).

            (5)  Commission Decision 2014/893/EU of 9 December 2014 establishing the ecological criteria for the award of the EU Ecolabel for rinse-off cosmetic products (OJ L 354, 11.12.2014, p. 47).

            (6)  Report from the Commission to the European Parliament and the Council on the review of implementation of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and Regulation (EC) No 66/2010 of the Parliament and of the Council of 25 November 2009 on the EU Ecolabel (COM(2017) 355 final).


title: Commission Decision of 03/05/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8766 - LKQ Corporation / Stahlgruber GmbH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                 Brussels, 3.5.2018
                                                                 C(2018) 2841 final
  In the published version of this decision, some
  information has been omitted pursuant to                                PUBLIC VERSION
  Article 17(2) of Council Regulation (EC) No
  139/2004 concerning non-disclosure of
  business secrets and other confidential
  information. The omissions are shown thus
  […]. Where possible the information omitted
  has been replaced by ranges of figures or a
  general description.
                                                                 To the Notifying party
Subject:             Case M.8766 - LKQ/Stahlgruber
                     Commission decision pursuant to Article 6(1)(b) of Council
                     Regulation No 139/20041 and Article 57 of the Agreement on the
                     European Economic Area2
Dear Sir or Madam,
(1)       On 9 March 2018, the European Commission received notification of a proposed
          concentration pursuant to Article 4 of the Merger Regulation by which LKQ
          Corporation ("LKQ", USA) acquires within the meaning of Article 3(1)(b) of the
          Merger Regulation sole control of Stahlgruber GmbH ("Stahlgruber", Germany)
          (the "Transaction")3 . LKQ and Stahlgruber are collectively referred to hereinafter
          as the "Parties", and LKQ individually as "the Notifying Party".
1     OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on
      the Functioning of the European Union ('TFEU') has introduced certain changes, such as the
      replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of
      the TFEU will be used throughout this decision.
2     OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3     Publication in the Official Journal of the European Union No C 103, 19.3.2018, p. 7.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 1.  THE PARTIES
(2) LKQ is a distributor of automotive spare parts used in the repair and maintenance
    of passenger cars and light commercial vehicles and to a lesser extent of heavy
    commercial vehicles and specialty vehicle products and accessories. LKQ sells
    automotive spare parts in the EEA principally in Belgium, the Netherlands,
    Luxembourg, Bulgaria, the Czech Republic, France, Hungary, Ireland, Italy,
    Poland, Romania, Slovakia, and the United Kingdom.
(3) Stahlgruber is a wholly-owned subsidiary of Stahlgruber Otto Gruber AG and a
    distributor of automotive spare parts used in the repair and maintenance of
    passenger cars and light commercial vehicles and to a very small extent of heavy
    commercial vehicles and specialty vehicle products and accessories. Stahlgruber's
    wholesale distribution activities are concentrated mostly in Germany, but also in
    Austria and the Czech Republic and to a lesser extent in Italy, Slovenia, Croatia,
    Belgium and the Netherlands.
(4) In addition, both Parties have upstream activities in the area of manufacturing of
    automotive spare parts under private labels. These markets are however not
    affected markets and, therefore, they are not assessed further in the present
    decision.
2.  THE OPERATION
(5) Under the terms of the Sale and Purchase Agreement dated 10 December 2017
    (“SPA”), LKQ will acquire 100% of the share capital of Stahlgruber GmbH, the
    holding company of Stahlgruber. LKQ will therefore acquire sole control over
    Stahlgruber (the "Transaction").
(6) The operation therefore constitutes a concentration pursuant to Article 3(1)(b) of
    the Merger Regulation.
3.  EU DIMENSION
(7) The undertakings concerned have a combined aggregate world-wide turnover of
    more than EUR 5 000 million (LKQ EUR 8 385 million, Stahlgruber EUR […]).
    Each of them has an EU-wide turnover in excess of EUR 250 million (LKQ EUR
    […], Stahlgruber EUR […]), but they do not achieve more than two-thirds of
    their aggregate EU-wide turnover within one and the same Member State.
(8) The notified operation therefore has an EU dimension pursuant to Article 1(2) of
    the Merger Regulation
4.  REFERRAL TO THE CZECH REPUBLIC
(9) By letter dated 4 April 2018 the Office for Protection of Competition of the Czech
    Republic (the "Office"), on behalf of the Czech Republic, requested the
    Transaction to be partially referred to the Office with a view to assessing the
    effects of the Transaction in the Czech Republic under national law pursuant to
    Article 9(2)(a) of the Merger Regulation.
                                             2
 ---pagebreak--- (10)     The Commission has adopted a decision partially referring the case to the Czech
         Republic for the aspects relating to the impact of the Transaction in the market
         for the wholesale supply of IAM automotive spare parts in the Czech Republic.
(11)     Therefore, only the remainder of the competition effects of the Transaction will
         be assessed by the Commission in the present decision.
(12)     This decision is without prejudice to the outcome of the proceedings conducted
         by the Office in regard to the assessment of the effects of the Transaction on the
         relevant market in the Czech Republic.
5.       COMPETITIVE ASSESSMENT
(13)     Both Parties are active in the manufacturing and sale and in the wholesale supply
         of various automotive components for the independent after-market ("IAM"). The
         Parties are also active to a lesser extent in the retail sale of IAM spare parts.
         However, the geographic footprint of the Parties is vastly complementary and the
         Transaction gives rise to only two affected markets: the wholesale supply of IAM
         automotive spare parts in the Czech Republic, which has been the object of
         referral to the Czech Republic, and in the Netherlands.
  5.1.   Market definition
5.1.1. Product market definition
(14)     In past decisions, the Commission has defined the wholesale distribution of
         automotive spare parts as a separate product market. In the Commission' practice,
         this market comprises the sales of spare parts to workshops/garages and other
         retailers.4 Wholesalers also make sales to other wholesalers, so called "Arbitrage
         Sales". The Notifying Party submit that these sales should not form part of the
         wholesale market, and the Commission considers that in this case it is not
         necessary to conclude on this issue as the Transaction does not raise serious
         doubts as to its compatibility with the internal market irrespective of whether
         Arbitrage Sales are considered part of the wholesale distribution market or not.
(15)     In its decisional practice, the Commission considered a further distinction
         between the market for (i) original equipment spare parts manufactured and or
         sold under the car manufacturer's brands (OES) and the independent spare parts
         (IAM).5 The Commission further considered a distinction between spare parts for
         light vehicles and those for heavy vehicles.6
4    Case M.7401 – Blackstone/Alliance BV/Alliance Automotive; Case M.6718 − Toyota Tshusho
     Corporation/CFAO
5    Case M.8198 – Alliance Automotive Group/FPS Distribution.
6    Case M.8198 – Alliance Automotive Group/FPS Distribution; Case M.6319 − Triton/Europart.
                                                    3
 ---pagebreak--- (16)    Finally, in the Commission's past practice the market for the wholesale
        distribution of replacement tyres was considered to be separate from that of
        automotive spare parts.7
(17)    The Parties partially agree with the above decisional practice and submit that
        there are additional competitive relations which are not yet sufficiently reflected.
        Particularly, the Parties claim that:
        (a)      there is an intensive competition between IAM and OES suppliers;
        (b)      wholesalers compete with their complete product portfolio including
                 tyres; and,
        (c)      in some EU Member States, especially in Italy, there is an additional
                 distribution level comprising local distributors/ricambisti.
(18)    For the purpose of this decision, the exact product market definition with regard
        to the wholesale of automotive spare parts to the IAM can be ultimately left open
        as the Transaction does not raise serious doubts as to its compatibility with the
        internal market under any alternative product market definition.
5.1.2. Geographic market definition
(19)    In past decisions, the Commission considered the markets for the wholesale
        supply of automotive spare parts to be regional, national or even EEA-wide in
        scope. The ultimate market definition was left open, but the Commission focused
        its further competitive assessment mainly on national markets.
(20)    The Parties partially agree with the Commission's past practice, however claim
        that for some Member States (like Italy) the geographic scope of the market may
        be different.
(21)    For the purpose of this decision, the geographic market with regard to the
        wholesale of automotive spare parts to the IAM is likely national or narrower, but
        the exact geographic market definition can be ultimately left open as the
        Transaction does not raise serious doubts as to its compatibility with the internal
        market under any alternative geographic market definition.
5.2.    Competitive       assessment:    Horizontal    non-coordinated       effects in  the
        Netherlands
5.2.1. Methodological introduction on market shares calculation
(22)    In order to provide a fully transparent overview of the market structure, LKQ has
        submitted different set of market shares using different calculation
        methodologies. In particular, the different calculation methodologies differ in
        what is included in the overall market.
7   Case M.6063 − Itochu/Speedy.
                                                  4
 ---pagebreak--- (23)   More precisely, the Notifying Party has submitted the following set of market
       share for the IAM markets:
       (a)      The IAM sales including sales of tyres, of garage equipment and arbitrage
                sales;
       (b)      The IAM sales excluding sales of tyres, but including sales of garage
                equipment and arbitrage sales;
       (c)      The IAM sales including sales of tyres and arbitrage sales, but excluding
                sales of garage equipment;
       (d)      The IAM sales including arbitrage sales, but excluding both sales of tyres
                and of garage equipment;
       (e)      The IAM sales excluding arbitrage sales, sales of tyres and of garage
                equipment;
       (f)      The IAM sales excluding arbitrage sales and garage equipment.
(24)   "Arbitrage Sales” are sales made by wholesalers to other distributors
       (wholesalers) in the same or other EEA Member. According to the Notifying
       Party these sales are very common at the wholesale level, however LKQ submits
       that by including them a significant number of sales would be double counted and
       therefore the Parties' shares significantly overstated.
(25)   In addition to sales of components, as a special service for the garages, the Parties
       sell a full portfolio of tools and equipment for garages, if the garages wish so.
       Such “add-on” equipment sales can be large “one-off” pieces of equipment such
       as hydraulic lifts (used for vehicle inspection), rollingroads (used for brake
       testing) and air compressors (used for powering air tools) or smaller pieces of
       equipment, which may also include hand tools such as single screwdrivers or
       wrenches, worth a few EUR a piece.
(26)   The Parties estimated the market size on the basis of data provided by
       Datamonitor. However, the sales of workshop tools and equipment are not
       included in Datamonitor's data, because Datamonitor only provides data at retail /
       consumer level which does not include products not sold to consumers like garage
       equipment and tools. Therefore, the Notifying Party also submitted market share
       calculations with the aim to correct for the sales of workshop tools and equipment
       in the total market size.
5.2.2. Competitive assessment
(27)   The market for the wholesale supply of automotive components for the IAM in
       the Netherlands is the only affected market in addition to the Czech Republic. For
       the reasons set out below, the Commission takes the view that the Transaction
       will not result in a significant impediment to effective competition on the market
       for the wholesale supply of automotive components for the IAM in the
       Netherlands.
(28)   First, the Transaction will only give rise to an affected market in the Netherlands
       if arbitrage sales are included in the calculation. If not, the combined market
                                                  5
 ---pagebreak---       shares of the Parties will be below [10-20]%, irrespective of whether garage
      equipment and tyres are included or not in the calculation.
(29)  Second, even if the arbitrage sales of the Parties are included, their combined
      market share will be just above [20-30]%, and below [20-30]%, irrespective of
      how the market shares are calculated.
(30)  Third, the increment brought about by the Transaction is limited. Stahlgruber
      generated a turnover with garages of only EUR […] in the Netherlands in 2016.
      Also if Stahlgruber's arbitrage sales are included, its turnover in the Netherlands
      amounts to EUR […]. Even the most conservative estimate for the market size of
      the wholesale market in the Netherlands is over EUR 1.5 billion (excluding tyres
      and adjustment for garage equipment). This leads to a market share for
      Stahlgruber of below [0-5]%. Any horizontal overlap with LKQ is therefore not
      appreciable and the Transaction will not change the structure of the Dutch market.
6.   CONCLUSION
(31)  For the above reasons, the European Commission has decided not to oppose the
      notified operation and to declare it compatible with the internal market and with
      the EEA Agreement with regard to the markets other than the wholesale supply of
      IAM automotive spare parts in the Czech Republic. This decision is adopted in
      application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA
      Agreement.
                                                     For the Commission
                                                     (Signed)
                                                     Margrethe VESTAGER
                                                     Member of the Commission
                                               6


title: Council Decision (CFSP) 2018/1655 of 6 November 2018 amending Decision (CFSP) 2016/2382 establishing a European Security and Defence College (ESDC)

text:
                  7.11.2018

                  EN

                  Official Journal of the European Union

                  L 276/9

         COUNCIL DECISION (CFSP) 2018/1655
         of 6 November 2018
         amending Decision (CFSP) 2016/2382 establishing a European Security and Defence College (ESDC)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Articles 28(1), 42(4) and 43(2) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 21 December 2016, the Council adopted Decision (CFSP) 2016/2382 (1) establishing a European Security and Defence College (ESDC).

                     (2)

                     A new financial reference amount for the period from 1 January 2019 to 31 December 2019 should be established.

                     (3)

                     Decision (CFSP) 2016/2382 should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:

            Article 1
            Amendment to Decision (CFSP) 2016/2382
            In Article 16 of Decision (CFSP) 2016/2382, paragraph 2 is replaced by the following:

                  ‘2.   The financial reference amount intended to cover the expenditure of the ESDC during the period from 1 January 2019 to 31 December 2019 shall be EUR 1 365 816.
                  The financial reference amount intended to cover the expenditure of the ESDC for subsequent periods shall be decided by the Council.’.

            Article 2
            Entry into force
            This Decision shall enter into force on the date of its adoption.

            Done at Brussels, 6 November 2018.

                  For the Council

                  The President

               H. LÖGER

            (1)  Council Decision (CFSP) 2016/2382 of 21 December 2016 establishing a European Security and Defence College (ESDC) and repealing Decision 2013/189/CFSP (OJ L 352, 23.12.2016, p. 60).


title: Council Decision (EU) 2018/1697 of 6 November 2018 on the position to be taken on behalf of the European Union within the European Committee for drawing up standards in the field of inland navigation and within the Central Commission for the Navigation of the Rhine on the adoption of standards concerning technical requirements for inland waterway vessels

text:
                  12.11.2018

                  EN

                  Official Journal of the European Union

                  L 282/13

         COUNCIL DECISION (EU) 2018/1697
         of 6 November 2018
         on the position to be taken on behalf of the European Union within the European Committee for drawing up standards in the field of inland navigation and within the Central Commission for the Navigation of the Rhine on the adoption of standards concerning technical requirements for inland waterway vessels
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1), in conjunction with Article 218(9) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     Action by the Union in the sector of inland navigation should aim to ensure uniformity in the development of technical requirements for inland waterway vessels to be applied in the Union.

                     (2)

                     The European Committee for drawing up standards in the field of inland navigation (CESNI) was created on 3 June 2015 in the framework of the Central Commission for the Navigation of the Rhine (CCNR) in order to develop technical standards for inland waterways in various fields, in particular as regards vessels, information technology and crew.

                     (3)

                     For efficient transport on the inland waterways, it is important that the technical requirements for vessels be compatible and as harmonised as possible under different legal regimes in Europe. In particular, Member States which are also members of the CCNR should be authorised to support decisions harmonising the CCNR rules with those applied in the Union.

                     (4)

                     CESNI is expected to adopt the European Standard laying down Technical Requirements for Inland Navigation vessels (ES-TRIN) 2019/1 at its meeting on 8 November 2018.

                     (5)

                     ES-TRIN 2019/1 lays down uniform technical requirements necessary to ensure the safety of inland waterway vessels. It includes: provisions regarding shipbuilding, fitting-out and equipment for inland waterway vessels; special provisions regarding specific categories of vessels, such as passenger vessels, pushed convoys and container vessels; provisions regarding the automatic identification system equipment; provisions regarding vessel identification; models of certificates and register; transitional provisions; and instructions for the application of the technical standard.

                     (6)

                     Annex II to Directive (EU) 2016/1629 of the European Parliament and of the Council (1) directly refers to technical requirements for craft as being those set out in ES-TRIN 2017/1. The Commission is empowered to update that reference to the most recent version of ES-TRIN and to set the date of its application.

                     (7)

                     Therefore, ES-TRIN 2019/1 will affect Directive (EU) 2016/1629.

                     (8)

                     The Union is a member of neither the CCNR nor CESNI. It is therefore necessary for the Council to authorise the Member States to express within those bodies the position of the Union as regards the adoption of ES-TRIN 2019/1,

               HAS ADOPTED THIS DECISION:

            Article 1

               1.   The position to be taken on behalf of the Union within the European Committee for drawing up standards in the field of inland navigation (CESNI) on 8 November 2018 shall be to agree to the adoption of the European Standard laying down Technical Requirements for Inland Navigation vessels (ES-TRIN) 2019/1.

               2.   The position to be taken on behalf of the Union at the meeting of the plenary session of the Central Commission for the Navigation of the Rhine (CCNR) where technical requirements for inland navigation vessels are decided upon shall be to support all proposals aligning the technical requirements with those of ES-TRIN 2019/1.

            Article 2

               1.   The position of the Union as set out in Article 1(1) shall be expressed by the Member States that are members of CESNI, acting jointly.

               2.   The position of the Union as set out in Article 1(2) shall be expressed by the Member States that are members of the CCNR, acting jointly.

            Article 3
            Minor technical changes to the positions set out in Article 1 may be agreed upon without a further decision of the Council.

            Article 4
            This Decision shall enter into force on the date of its adoption.

            Done at Brussels, 6 November 2018.

                  For the Council

                  The President

               H. LÖGER

            (1)  Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC (OJ L 252, 16.9.2016, p. 118).


title: Decision (EU) 2018/1674 of the European Parliament and of the Council of 23 October 2018 amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in the Federative Republic of Brazil on fodder plant seed-producing crops and cereal seed-producing crops and on the equivalence of fodder plant seed and cereal seed produced in the Federative Republic of Brazil, and as regards the equivalence of field inspections carried out in the Republic of Moldova on cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops and on the equivalence of cereal seed, vegetable seed and oil and fibre plant seed produced in the Republic of Moldova

text:
                  12.11.2018

                  EN

                  Official Journal of the European Union

                  L 284/31

         DECISION (EU) 2018/1674 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 23 October 2018
         amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in the Federative Republic of Brazil on fodder plant seed-producing crops and cereal seed-producing crops and on the equivalence of fodder plant seed and cereal seed produced in the Federative Republic of Brazil, and as regards the equivalence of field inspections carried out in the Republic of Moldova on cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops and on the equivalence of cereal seed, vegetable seed and oil and fibre plant seed produced in the Republic of Moldova
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
         Having regard to the proposal from the European Commission,
         After transmission of the draft legislative act to the national parliaments,
         Having regard to the opinion of the European Economic and Social Committee (1),
         Acting in accordance with the ordinary legislative procedure (2),
         Whereas:

                     (1)

                     Council Decision 2003/17/EC (3) provides that, under certain conditions, field inspections carried out on certain seed-producing crops in the listed third countries are to be considered equivalent to field inspections carried out in accordance with Union law and that, under certain conditions, the seed of certain species of fodder plants, cereal, beet, and oil and fibre plants produced in those countries is to be considered equivalent to seed produced in accordance with Union law.

                     (2)

                     The Federative Republic of Brazil (‘Brazil’) has submitted a request to the Commission to grant equivalence to its system of field inspections of fodder plant seed-producing crops and cereal seed-producing crops, and to fodder plant seed and cereal seed produced and certified in Brazil.

                     (3)

                     The Commission examined the relevant legislation of Brazil, and, based on an audit carried out in 2016 concerning the system of official controls and of certification of fodder plant and cereal seed in Brazil, and its equivalence with Union requirements, published its findings in a report entitled ‘Final report of an audit carried out in Brazil from 11 April 2016 to 19 April 2016 in order to evaluate the system of official controls and certification of seed and its equivalence with European Union requirements’.

                     (4)

                     Following the audit, it has been concluded that field inspections of seed-producing crops, sampling, testing and official post-controls of fodder plant and cereal seed are carried out appropriately, and satisfy the conditions set out in Annex II to Decision 2003/17/EC and the respective requirements set out in Council Directives 66/401/EEC (4) and 66/402/EEC (5). Moreover, it has been concluded that the national authorities responsible for the implementation of seed certification in Brazil are competent and operate appropriately.

                     (5)

                     The Republic of Moldova has submitted a request to the Commission to grant equivalence to its system of field inspections of cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops and to cereal seed, vegetable seed and oil and fibre plant seed produced and certified in the Republic of Moldova.

                     (6)

                     The Commission examined the relevant legislation of the Republic of Moldova, and, based on an audit carried out in 2016 concerning the system of official controls and of certification of cereal, vegetable and oil and fibre plant seed in the Republic of Moldova, and its equivalence with Union requirements, published its findings in a report entitled ‘Final report of an audit carried out in the Republic of Moldova from 14 June to 21 June 2016 in order to evaluate the system of official controls and certification of seed and their equivalence with European Union requirements’.

                     (7)

                     Following the audit, it has been concluded that field inspections of seed-producing crops, sampling, testing and official post-controls of cereal, vegetable and oil and fibre plant seed are carried out appropriately, and satisfy the conditions set out in Annex II to Decision 2003/17/EC and the respective requirements set out in Council Directives 66/402/EEC, 2002/55/EC (6) and 2002/57/EC (7). Moreover, it has been concluded that the national authorities responsible for the implementation of seed certification in the Republic of Moldova are competent and operate appropriately.

                     (8)

                     Therefore it is appropriate to grant equivalence as regards field inspections carried out in respect of fodder plant seed-producing crops and cereal seed-producing crops in Brazil, and as regards fodder plant seed and cereal seed produced in Brazil and officially certified by its authorities.

                     (9)

                     It is also appropriate to grant equivalence as regards field inspections carried out in respect of cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops in the Republic of Moldova, and as regards cereal seed, vegetable seed and oil and fibre plant seed produced in the Republic of Moldova and officially certified by its authorities.

                     (10)

                     There is a demand in the Union to import vegetable seed from third countries including the Republic of Moldova. Therefore, Decision 2003/17/EC should cover officially certified vegetable seed as referred to in Directive 2002/55/EC in order to address the demand for those seeds originating in the Republic of Moldova, as well as in other third countries in the future.

                     (11)

                     Taking into consideration the applicable rules of the International Seed Testing Association (ISTA), it is appropriate that the third country concerned provide an official statement that the seed has been sampled and tested in accordance with the provisions set out in the ISTA International Rules for Seed Testing (‘ISTA Rules’) with regard to Orange International Seed Lot Certificates, and that the seed lots be accompanied by such a certificate.

                     (12)

                     In view of the expiry of the ‘Derogatory experiment on seed sampling and seed analysis’ set out in Annex V(A) to the Decision adopted by the Council of the Organisation for Economic Co-operation and Development (OECD) on 28 September 2000 on the OECD Schemes for the Varietal Certification of Seed Moving in International Trade, any reference to that experiment should be deleted.

                     (13)

                     Any reference to Croatia as a third country should be deleted, in view of its accession to the Union in 2013.

                     (14)

                     Decision 2003/17/EC should therefore be amended accordingly,

               HAVE ADOPTED THIS DECISION:

            Article 1
            Amendments to Decision 2003/17/EC
            Decision 2003/17/EC is amended as follows:

                        (1)

                        in Article 1, the introductory part is replaced by the following:
                        ‘Field inspections concerning the seed-producing crops of the species specified in Annex I to this Decision carried out in the third countries listed in that Annex shall be considered equivalent to field inspections carried out in accordance with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC and Council Directive 2002/55/EC (*1) provided that they:’;

                           (*1)  Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).’;"

                        (2)

                        Article 2 is replaced by the following:

                           ‘Article 2
                           Seed of the species specified in Annex I to this Decision, produced in the third countries listed in that Annex and officially certified by the authorities listed in that Annex shall be considered equivalent to seed complying with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, if it satisfies the conditions laid down in point B of Annex II to this Decision.’;

                        (3)

                        Article 3 is amended as follows:

                                    (a)

                                    paragraph 1 is replaced by the following:

                                       ‘1.   Where equivalent seed is “relabelled and refastened” in the Community, within the meaning of OECD Schemes for the Varietal Certification of Seed moving in International Trade, the provisions of Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC concerning the reclosing of packages produced in the Community shall apply by analogy.
                                       The first subparagraph shall be without prejudice to the OECD rules applicable to such operations.’;

                                    (b)

                                    in paragraph 2, point (b) is replaced by the following:

                                                ‘(b)

                                                for small EC packages within the meaning of Directives 66/401/EEC, 2002/54/EC or 2002/55/EC.’;

                        (4)

                        the Annexes to Decision 2003/17/EC are amended in accordance with the Annex to this Decision.

            Article 2
            Entry into force
            This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 3
            Addressees
            This Decision is addressed to the Member States.

            Done at Strasbourg, 23 October 2018.

                  For the European Parliament

                  The President

               A. TAJANI

                  For the Council

                  The President

               K. EDTSTADLER

            (1)  OJ C 227, 28.6.2018, p. 76.

            (2)  Position of the European Parliament of 11 September 2018 (not yet published in the Official Journal) and decision of the Council of 9 October 2018.

            (3)  Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries (OJ L 8, 14.1.2003, p. 10).

            (4)  Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298/66).

            (5)  Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309/66).

            (6)  Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

            (7)  Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

            ANNEX
            Annexes I and II to Decision 2003/17/EC are amended as follows:

                        (1)

                        Annex I is amended as follows:

                                    (a)

                                    in the table, the following entries are inserted in alphabetical order:

                                                ‘BR

                                                Ministry of Agriculture, Livestock and Food Supply
                                                Esplanada dos Ministérios, bloco D
                                                70.043-900 Brasilia-DF

                                                66/401/EEC
                                                66/402/EEC’

                                                ‘MD

                                                            National Agency for Food Safety (ANSA)

                                                            str. Mihail Kogălniceanu 63,

                                                            MD-2009, Chisinau

                                                66/402/EEC
                                                2002/55/EC
                                                2002/57/EC’

                                    (b)

                                    in the footnote to the table referred to in point (a), the following terms are inserted in alphabetical order: ‘BR — Brazil,’, ‘MD —the Republic of Moldova,’;

                                    (c)

                                    in the footnote to that table, the term ‘HR — Croatia,’ is deleted;

                        (2)

                        Annex II is amended as follows:

                                    (a)

                                    in point A, paragraph 1, the following indent is added:

                                                ‘—

                                                vegetable seed, in the case of the species referred to in Directive 2002/55/EC.’;

                                    (b)

                                    point B is amended as follows:

                                                (i)

                                                in paragraph 1, first subparagraph, the following indent is added:

                                                            ‘—

                                                            vegetable seed, in the case of the species referred to in Directive 2002/55/EC.’;

                                                (ii)

                                                in paragraph 2.1, the following indent is inserted after the third indent:

                                                            ‘—

                                                            Directive 2002/55/EC, Annex II,’;

                                                (iii)

                                                paragraph 2.2 is replaced by the following:

                                                            ‘2.2.

                                                            For the purpose of the examination to check whether the conditions set out in paragraph 2.1 have been satisfied, samples shall be taken officially or under official supervision in accordance with the ISTA Rules, and their weights shall conform to the weight stipulated under such methods, taking into account the weights specified in the following Directives:

                                                                        —

                                                                        Directive 66/401/EEC, Annex III, columns 3 and 4,

                                                                        —

                                                                        Directive 66/402/EEC, Annex III, columns 3 and 4,

                                                                        —

                                                                        Directive 2002/54/EC, Annex II, second line,

                                                                        —

                                                                        Directive 2002/55/EC, Annex III,

                                                                        —

                                                                        Directive 2002/57/EC, Annex III, columns 3 and 4.’;

                                                (iv)

                                                paragraph 2.3 is replaced by the following:

                                                            ‘2.3.

                                                            The examination shall be carried out officially or under official supervision in accordance with the ISTA Rules.’;

                                                (v)

                                                paragraph 2.4 is deleted;

                                                (vi)

                                                in paragraph 3.1, the second indent is replaced by the following:

                                                            ‘—

                                                            a statement that the seed has been sampled and tested in accordance with current international methods: “Sampled and analysed in accordance with the provisions set out in the ISTA International Rules for Seed Testing with regard to Orange International Seed Lot Certificates by …, (name or member code of the ISTA seed testing station)”,’;

                                                (vii)

                                                paragraph 4 is replaced by the following:

                                                            ‘4.

                                                            The seed lots shall be accompanied by an ISTA Orange International Seed Lot Certificate giving the information relating to the conditions in paragraph 2.’.


title: Decision (EU) 2018/1675 of the European Parliament and of the Council of 2 October 2018 on the mobilisation of the European Globalisation Adjustment Fund following an application from the Netherlands — EGF/2018/001 NL/Financial service activities

text:
                  12.11.2018

                  EN

                  Official Journal of the European Union

                  L 284/36

         DECISION (EU) 2018/1675 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 2 October 2018
         on the mobilisation of the European Globalisation Adjustment Fund following an application from the Netherlands — EGF/2018/001 NL/Financial service activities
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
         Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

                     (2)

                     The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

                     (3)

                     On 23 February 2018, the Netherlands submitted an application to mobilise the EGF, in respect of redundancies in 20 enterprises operating in the Financial services sector in the following regions: Friesland, Drenthe and Overijssel in the Netherlands. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

                     (4)

                     The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 1 192 500 in respect of the application submitted by the Netherlands.

                     (5)

                     In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

               HAVE ADOPTED THIS DECISION:

            Article 1
            For the general budget of the Union for the financial year 2018, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 1 192 500 in commitment and payment appropriations.

            Article 2
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 2 October 2018.

            Done at Strasbourg, 2 October 2018.

                  For the European Parliament

                  The President

               A. TAJANI

                  For the Council

                  The President

               J. BOGNER-STRAUSS

            (1)  OJ L 347, 20.12.2013, p. 855.

            (2)  OJ C 373, 20.12.2013, p. 1.

            (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Decision (EU) 2018/1859 of the European Parliament and of the Council of 14 November 2018 on the mobilisation of the European Union Solidarity Fund to provide assistance to Latvia

text:
                  28.11.2018

                  EN

                  Official Journal of the European Union

                  LI 302/1

         DECISION (EU) 2018/1859 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 14 November 2018
         on the mobilisation of the European Union Solidarity Fund to provide assistance to Latvia
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4(3) thereof,
         Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The European Union Solidarity Fund (‘the Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters.

                     (2)

                     The Fund is not to exceed a maximum annual amount of EUR 500 000 000 (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).

                     (3)

                     On 14 November 2017, Latvia submitted an application to mobilise the Fund, following a long-lasting period of intense rainfalls during summer and autumn 2017 leading to the saturation of soils and subsequent flooding.

                     (4)

                     The application by Latvia meets the conditions for providing a financial contribution from the Fund, as laid down in Article 4 of Regulation (EC) No 2012/2002.

                     (5)

                     The Fund should therefore be mobilised in order to provide a financial contribution to Latvia.

                     (6)

                     By Decision (EU) 2018/508 of the European Parliament and of the Council (4), the Fund was mobilised to provide the sum of EUR 50 000 000 in commitment and payment appropriations for the payment of advances for the financial year 2018. Those appropriations have only been used to a very limited extent. Consequently, there is scope for financing the full amount for the present mobilisation through the reallocation of the appropriations mobilised for the payment of advances in the general budget of the Union for the financial year 2018.

                     (7)

                     In order to minimise the time taken to mobilise the Fund, this Decision should apply from the date of its adoption,

               HAVE ADOPTED THIS DECISION:

            Article 1
            For the general budget of the Union for the financial year 2018, the European Union Solidarity Fund shall be mobilised to provide the amount of EUR 17 730 519 to Latvia, in commitment and payment appropriations.
            The amount of the mobilisation referred to in the first paragraph shall be financed from the appropriations mobilised for the payment of advances in the Union budget for the financial year 2018. The appropriations available for the payment of advances shall be reduced accordingly.

            Article 2
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 14 November 2018.

            Done at Strasbourg, 14 November 2018.

                  For the European Parliament

                  The President

               A. TAJANI

                  For the Council

                  The President

               K. EDTSTADLER

            (1)  OJ L 311, 14.11.2002, p. 3.

            (2)  OJ C 373, 20.12.2013, p. 1.

            (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

            (4)  Decision (EU) 2018/508 of the European Parliament and of the Council of 12 December 2017 on the mobilisation of the European Union Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2018 (OJ L 83, 27.3.2018, p. 13).


title: Commission Decision of 23/11/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9131 - The Blackstone Group L.P. / Tele-Finance Holdings Limited / Network Rail Infrastructure Limited) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 23.11.2018
                                                                C(2018)8000 final
                                                                     PUBLIC VERSION
                                                                To the notifying parties :
Subject:        Case M.9131 – Blackstone / Telereal Trillium / Real Estate JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 26 October 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which The Blackstone
        Group L.P. (‘Blackstone’, USA) and Tele-Finance Holdings Limited (‘Telereal Trillium’,
        United Kingdom) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation,
        joint control of the commercial estate business of Network Rail Infrastructure Limited (the
        ‘Real Estate JV’, United Kingdom). The concentration is accomplished by way of
        contract.3
2.      The business activities of the undertakings concerned are:
        - for Blackstone: global asset manager, headquartered in the USA with offices in Europe
        and Asia, operating as an investment management firm;
        - for Telereal Trillium: property management company operating in property partnerships,
        investment, development and strategic land;
        - for the Real Estate JV: the commercial estate business of Network Rail Infrastructure
        Limited, which is a public sector body that manages Britain’s railway infrastructure in
        England, Wales and Scotland.
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 401, 07.11.2018, p. 13.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraph 6 of
   the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the CommissionJohannes
                                                   (Signed)
                                                   LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2


title: Commission Decision of 27/11/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9151 - IFM / Trafigura / Simba Holdings) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 27.11.2018
                                                                C(2018) 8076 final
                                                                     PUBLIC VERSION
                                                                To the notifying parties :
Subject:        Case M.9151 – IFM/Trafigura/Simba Holdings
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 31 October 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation, by which IFM Investors Pty
        Ltd ('IFM', Australia) and Trafigura Group Pte Ltd ('Trafigura', Singapore) acquire within
        the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Simba
        Holding S.à r.l ('Simba Holdings', Luxembourg), Trafigura's subsidiary owning and
        operating marine terminal facilities for dry bulk cargo, and providing transport services for
        liquid bulk cargo, as well as global freight forwarding and logistics services, by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
        –          for IFM: global provider of investment services across infrastructure, debt
                   investments, listed equities and private equity,
        –          for Trafigura: independent commodity trading and logistics group.
3.      After examination of the notification, the European Commission has concluded that the
        notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 402, 08.11.2018, p. 8.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2


title: Commission Decision of 21/11/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9071 - Banca General S.p.a. / Saxo Bank A/S / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 21.11.2018
                                                                C(2018) 7990 final
                                                                       PUBLIC VERSION
                                                                   To the notifying parties:
Subject:        Case M.9071 • BANCA GENERALI / SAXO BANK / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 25 October 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Banca Generali
        S.p.A. ("Banca Generali", Italy), controlled by Assicurazioni Generali S.p.A.
        ("Assicurazioni Generali", Italy) and Saxo Bank A/S ("Saxo Bank", Denmark), controlled
        by Zhejiang Geely Holding Group Co., Ltd ("Zhejiang Geely Holding Group", China)
        acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint
        control over BG SAXO SIM S.p.A., a newly created entity ("NewCo", Italy).3
2.      The business activities of the undertakings concerned are:
              Banca Generali offers a wide range of products and services in the banking,
                 financial and insurance sectors;
              Saxo Bank is an online investment bank specializing in online trading and
                 investment services;
              NewCo is an online platform for online trading in Italy.
3.      After examination of the notification, the European Commission has concluded that the
        notified operation falls within the scope of the Merger Regulation and of paragraph 5 (a)
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 400, 06.11.2018, p. 16.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    and 5 (c) of the Commission Notice on a simplified procedure for treatment of certain
   concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2