# Official Journal C 483/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 483 |
| | |
| English edition | Information and Notices | Volume 641 December 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 483

English edition

Information and Notices

Volume 641 December 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 483/01 | Non-opposition to a notified concentration (Case M.10492 – SILVER LAKE / CVC / SPHINX / RAC JV) (
  1
  ) | 1 |
| 2021/C 483/02 | Initiation of proceedings (Case M.10319 – Greiner/Recticel) (
  1
  ) | 2 |
| 2021/C 483/03 | Non-opposition to a notified concentration (Case M.10407 – AIP / ALVANCE DUNKERQUE TARGET BUSINESS) (
  1
  ) | 3 |
| 2021/C 483/04 | Non-opposition to a notified concentration (Case M.10500 – PSPIB / ADIC / LOCAL) (
  1
  ) | 4 |
| 2021/C 483/05 | Non-opposition to a notified concentration (Case M.9971 – P27 NPP / BANKGIROT) (
  1
  ) | 5 |
| 2021/C 483/06 | Non-opposition to a notified concentration (Case M.10508 – HUTCHISON 3 INDONESIA / INDOSAT) (
  1
  ) | 6 |
| 2021/C 483/07 | Non-opposition to a notified concentration (Case M.10287 – PROXIMUS / BESIX / SL / i.LECO) (
  1
  ) | 7 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 483/01

Non-opposition to a notified concentration (Case M.10492 – SILVER LAKE / CVC / SPHINX / RAC JV) (
  1
  )

1

1

2021/C 483/02

Initiation of proceedings (Case M.10319 – Greiner/Recticel) (
  1
  )

1

2

2021/C 483/03

Non-opposition to a notified concentration (Case M.10407 – AIP / ALVANCE DUNKERQUE TARGET BUSINESS) (
  1
  )

1

3

2021/C 483/04

Non-opposition to a notified concentration (Case M.10500 – PSPIB / ADIC / LOCAL) (
  1
  )

1

4

2021/C 483/05

Non-opposition to a notified concentration (Case M.9971 – P27 NPP / BANKGIROT) (
  1
  )

1

5

2021/C 483/06

Non-opposition to a notified concentration (Case M.10508 – HUTCHISON 3 INDONESIA / INDOSAT) (
  1
  )

1

6

2021/C 483/07

Non-opposition to a notified concentration (Case M.10287 – PROXIMUS / BESIX / SL / i.LECO) (
  1
  )

1

7

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 483/08 | Euro exchange rates — 30 November 2021 | 8 |
| 2021/C 483/09 | Opinion of the Advisory Committee on mergers at its meeting of 8 March 2021 concerning a preliminary draft decision relating to Case M. 9820 – Danfoss/Eaton Hydraulics – Rapporteur: Malta (
  1
  ) | 9 |
| 2021/C 483/10 | Final Report of the Hearing Officer – Case M.9820 – Danfoss/Eaton Hydraulics (
  1
  ) | 11 |
| 2021/C 483/11 | Summary of Commission Decision of 18 March 2021 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.9820 – DANFOSS / EATON HYDRAULICS)
  (notified under document C(2021) 1697)

   (
  1
  ) | 13 |
| | European Ombudsman |
| 2021/C 483/12 | Annual Report 2020 | 18 |
| | NOTICES FROM MEMBER STATES |
| 2021/C 483/13 | Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) | 19 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 483/08

Euro exchange rates — 30 November 2021

8

2021/C 483/09

Opinion of the Advisory Committee on mergers at its meeting of 8 March 2021 concerning a preliminary draft decision relating to Case M. 9820 – Danfoss/Eaton Hydraulics – Rapporteur: Malta (
  1
  )

1

9

2021/C 483/10

Final Report of the Hearing Officer – Case M.9820 – Danfoss/Eaton Hydraulics (
  1
  )

1

11

2021/C 483/11

Summary of Commission Decision of 18 March 2021 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.9820 – DANFOSS / EATON HYDRAULICS)
  (notified under document C(2021) 1697)

   (
  1
  )

(notified under document C(2021) 1697)

1

13

European Ombudsman

2021/C 483/12

Annual Report 2020

18

NOTICES FROM MEMBER STATES

2021/C 483/13

Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)

19

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2021/C 483/14 | Notice of reopening the anti-dumping investigation concerning imports of certain woven and/or stitched glass fibre fabrics originating in Egypt | 29 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2021/C 483/15 | Prior notification of a concentration (Case M.10549 – ARDIAN FRANCE / RG SAFETY) – Candidate case for simplified procedure (
  1
  ) | 37 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2021/C 483/14

Notice of reopening the anti-dumping investigation concerning imports of certain woven and/or stitched glass fibre fabrics originating in Egypt

29

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2021/C 483/15

Prior notification of a concentration (Case M.10549 – ARDIAN FRANCE / RG SAFETY) – Candidate case for simplified procedure (
  1
  )

1

37

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.12.2021 | EN | Official Journal of the European Union | C 483/1 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/1

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Non-opposition to a notified concentration

(Case M.10492 – SILVER LAKE / CVC / SPHINX / RAC JV)

(Text with EEA relevance)

(2021/C 483/01)

On 24 November 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10492. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10492. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/2 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/2

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Initiation of proceedings

(Case M.10319 – Greiner/Recticel)

(Text with EEA relevance)

(2021/C 483/02)

On 24 November 2021, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference No. M.10319 — Greiner/Recticel, to the following address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ’Merger Regulation’).

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/3 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/3

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Non-opposition to a notified concentration

(Case M.10407 – AIP / ALVANCE DUNKERQUE TARGET BUSINESS)

(Text with EEA relevance)

(2021/C 483/03)

On 23 November 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10407. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10407. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 1.12.2021 | EN | Official Journal of the European Union | C 483/4 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/4

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Non-opposition to a notified concentration

(Case M.10500 – PSPIB / ADIC / LOCAL)

(Text with EEA relevance)

(2021/C 483/04)

On 8 November 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10500. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10500. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/5 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/5

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Non-opposition to a notified concentration

(Case M.9971 – P27 NPP / BANKGIROT)

(Text with EEA relevance)

(2021/C 483/05)

On 8 July 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M9971. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M9971. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/6 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/6

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Non-opposition to a notified concentration

(Case M.10508 – HUTCHISON 3 INDONESIA / INDOSAT)

(Text with EEA relevance)

(2021/C 483/06)

On 4 November 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10508. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10508. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/7 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/7

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Non-opposition to a notified concentration

(Case M.10287 – PROXIMUS / BESIX / SL / i.LECO)

(Text with EEA relevance)

(2021/C 483/07)

On 7 September 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10287. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10287. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.12.2021 | EN | Official Journal of the European Union | C 483/8 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/8

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Euro exchange rates (1)

30 November 2021

(2021/C 483/08)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1363 |
| JPY | Japanese yen | 128,20 |
| DKK | Danish krone | 7,4368 |
| GBP | Pound sterling | 0,85173 |
| SEK | Swedish krona | 10,2860 |
| CHF | Swiss franc | 1,0430 |
| ISK | Iceland króna | 147,00 |
| NOK | Norwegian krone | 10,2795 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,526 |
| HUF | Hungarian forint | 365,68 |
| PLN | Polish zloty | 4,6639 |
| RON | Romanian leu | 4,9510 |
| TRY | Turkish lira | 14,9342 |
| AUD | Australian dollar | 1,5898 |
| CAD | Canadian dollar | 1,4518 |
| HKD | Hong Kong dollar | 8,8601 |
| NZD | New Zealand dollar | 1,6644 |
| SGD | Singapore dollar | 1,5521 |
| KRW | South Korean won | 1 350,29 |
| ZAR | South African rand | 18,2269 |
| CNY | Chinese yuan renminbi | 7,2395 |
| HRK | Croatian kuna | 7,5315 |
| IDR | Indonesian rupiah | 16 277,55 |
| MYR | Malaysian ringgit | 4,7753 |
| PHP | Philippine peso | 57,271 |
| RUB | Russian rouble | 84,6123 |
| THB | Thai baht | 38,282 |
| BRL | Brazilian real | 6,3762 |
| MXN | Mexican peso | 24,5059 |
| INR | Indian rupee | 85,3274 |

Currency

Exchange rate

USD

US dollar

1,1363

JPY

Japanese yen

128,20

DKK

Danish krone

7,4368

GBP

Pound sterling

0,85173

SEK

Swedish krona

10,2860

CHF

Swiss franc

1,0430

ISK

Iceland króna

147,00

NOK

Norwegian krone

10,2795

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,526

HUF

Hungarian forint

365,68

PLN

Polish zloty

4,6639

RON

Romanian leu

4,9510

TRY

Turkish lira

14,9342

AUD

Australian dollar

1,5898

CAD

Canadian dollar

1,4518

HKD

Hong Kong dollar

8,8601

NZD

New Zealand dollar

1,6644

SGD

Singapore dollar

1,5521

KRW

South Korean won

1 350,29

ZAR

South African rand

18,2269

CNY

Chinese yuan renminbi

7,2395

HRK

Croatian kuna

7,5315

IDR

Indonesian rupiah

16 277,55

MYR

Malaysian ringgit

4,7753

PHP

Philippine peso

57,271

RUB

Russian rouble

84,6123

THB

Thai baht

38,282

BRL

Brazilian real

6,3762

MXN

Mexican peso

24,5059

INR

Indian rupee

85,3274

---

(1)  Source: reference exchange rate published by the ECB.

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/9 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/9

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Opinion of the Advisory Committee on mergers at its meeting of 8 March 2021 concerning a preliminary draft decision relating to Case M. 9820 – Danfoss/Eaton Hydraulics

Rapporteur: Malta

(Text with EEA relevance)

(2021/C 483/09)

Operation

| 1. | The Advisory Committee (11 Member States) agrees with the Commission that the Transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation. |
| --- | --- |

1.

The Advisory Committee (11 Member States) agrees with the Commission that the Transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.

Union Dimension

| 2. | The Advisory Committee (11 Member States) agrees with the Commission that the Transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
| --- | --- |

2.

The Advisory Committee (11 Member States) agrees with the Commission that the Transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation.

Product Markets

| 3. | The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for hydraulic steering units (HSUs). |
| --- | --- |

3.

The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for hydraulic steering units (HSUs).

| 4. | The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for electro-hydraulic steering valves (ESVs). |
| --- | --- |

4.

The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for electro-hydraulic steering valves (ESVs).

| 5. | The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for orbital motors. |
| --- | --- |

5.

The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for orbital motors.

| 6. | The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for pumps. |
| --- | --- |

6.

The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant product market for pumps.

Geographic markets

| 7. | The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant geographic market for HSUs, ESVs, orbital motors and pumps as EEA-wide. |
| --- | --- |

7.

The Advisory Committee (11 Member States) agrees with the Commission’s definition of the relevant geographic market for HSUs, ESVs, orbital motors and pumps as EEA-wide.

Competitive Assessment

| 8. | The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the EEA markets for HSUs, in particular by the creation or strengthening of a dominant position. |
| --- | --- |

8.

The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the EEA markets for HSUs, in particular by the creation or strengthening of a dominant position.

| 9. | The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the EEA markets for ESVs, in particular by the creation or strengthening of a dominant position. |
| --- | --- |

9.

The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the EEA markets for ESVs, in particular by the creation or strengthening of a dominant position.

| 10. | The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the EEA markets for orbital motors, in particular by the creation or strengthening of a dominant position. |
| --- | --- |

10.

The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the EEA markets for orbital motors, in particular by the creation or strengthening of a dominant position.

| 11. | The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not significantly impede effective competition with regard to pumps for mobile applications and any plausible sub-segment thereof. |
| --- | --- |

11.

The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not significantly impede effective competition with regard to pumps for mobile applications and any plausible sub-segment thereof.

| 12. | The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not significantly impede effective competition with regard to conglomerate effects. |
| --- | --- |

12.

The Advisory Committee (11 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not significantly impede effective competition with regard to conglomerate effects.

Commitments

| 13. | The Advisory Committee (11 Member States) agrees with the Commission that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition in relation to the markets for HSUs, for ESVs and for orbital motors in the EEA. |
| --- | --- |

13.

The Advisory Committee (11 Member States) agrees with the Commission that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition in relation to the markets for HSUs, for ESVs and for orbital motors in the EEA.

Compatibility with the Internal Market

| 14. | The Advisory Committee (11 Member States) agrees with the Commission that the Transaction, as modified with the Final Commitments, should therefore be declared compatible with the internal market and the functioning of the EEA Agreement. |
| --- | --- |

14.

The Advisory Committee (11 Member States) agrees with the Commission that the Transaction, as modified with the Final Commitments, should therefore be declared compatible with the internal market and the functioning of the EEA Agreement.

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/11 |
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1.12.2021

EN

Official Journal of the European Union

C 483/11

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Final Report of the Hearing Officer (1)

Case M.9820 – Danfoss/Eaton Hydraulics

(Text with EEA relevance)

(2021/C 483/10)

1.

On 17 August 2020, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, (2) according to which Danfoss A/S (‘Danfoss’) would acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Eaton Hydraulics (‘Eaton’) (3) by way of purchase of stocks and assets (the ‘Proposed Transaction’). Danfoss and Eaton are together referred to as the ‘Parties’.

2.

On 21 September 2020, the Commission adopted a decision to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation.

3.

On 12 October 2020, following a formal request by Danfoss dated 9 October 2020, the Commission extended the time-period pursuant to Article 10(3), first subparagraph, of the Merger Regulation set for the adoption of a decision pursuant to Article 8 of the Merger Regulation in relation to the Proposed Transaction by ten working days pursuant to Article 10(3), second subparagraph, of the same regulation.

4.

On 27 November 2020, following the request of Danfoss, the Commission decided to extend the period for taking a decision pursuant to Article 8 of the Merger Regulation by a total of five working days in accordance with Article 10(3) second subparagraph, third sentence of the Merger Regulation.

5.

On 8 December 2020, the Commission adopted a statement of objections (the ‘SO’). The SO was formally notified to Danfoss on 9 December 2020, (4) at which time Danfoss was granted a deadline to submit its observations until 22 December 2020. On 11 December 2020, Eaton received a non-confidential version of the SO via Danfoss, on the basis of which it could submit written comments pursuant to Article 13(2) of the Merger Implementing Regulation.

6.

On 8 December 2020, Danfoss obtained access to the accessible documents in the Commission’s case file via the handover of a CD. In addition, relevant data from the Commission’s confidential file were made available to Danfoss in a data room from 8 to 22 December 2020. Further access to the file was given on 20 January and 17 February 2021, as regards documents that were added to the file later. I have not received any complaint or request from the Parties regarding access to the file.

7.

On 22 December 2020, the Parties submitted their consolidated written comments on the SO. The Parties did not request that a formal oral hearing be held.

8.

Between 17 December 2020 and 13 January 2021, I admitted two undertakings showing a sufficient interest pursuant to Article 18(4) of the Merger Regulation as interested third persons in this case. The interested third persons were provided with a non-confidential version of the SO and given a time limit within which to submit their observations.

9.

On 15 and 18 January 2021, Danfoss submitted initial commitments in accordance with Article 8(2) and 10(2) of the Merger Regulation, with a view to rendering the Proposed Transaction compatible with the internal market and the functioning of the EEA Agreement.

10.

On 20 January 2021, the Commission sent to Danfoss a letter of facts, where it informed Danfoss about additional factual elements – some of which were already present in the file at the time of the SO, while others were obtained by the Commission only after adopting the SO – that were considered by the Commission as potentially relevant for the final assessment of this case. Danfoss responded to this letter of facts on 3 February 2021.

11.

On 21 January 2021, in agreement with Danfoss, the Commission decided to extend the period for taking a decision pursuant to Article 8 of the Merger Regulation by five working days in accordance with Article 10(3) second subparagraph, third sentence of the Merger Regulation.

12.

On 28 January 2021, Danfoss submitted revised commitments, in accordance with Article 8(2) and 10(2) of the Merger Regulation, with a view to rendering the Proposed Transaction compatible with the internal market and the functioning of the EEA Agreement (the ‘Revised Commitments’). On 1 February 2021, the Commission launched a market test of the Revised Commitments.

13.

On 15 February 2021, having received feedback from the Commission on the Revised Commitments, Danfoss submitted an amended set of commitments (the ‘Final Commitments’).

14.

The draft decision declares the Proposed Transaction compatible with the internal market and the functioning of the EEA Agreement, subject to full compliance with the Final Commitments.

15.

I have reviewed the draft decision pursuant to Article 16(1) of Decision 2011/695/EU and I conclude that it deals only with objections in respect of which the Parties have been afforded the opportunity of making their views known.

16.

In view of all of the above, I consider that the effective exercise of procedural rights has been respected during the present proceedings.

Brussels, 8 March 2021.

Dorothe DALHEIMER

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

1

(2)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1) (the ‘Merger Regulation’).

2

(3)  Eaton is a business of the Eaton Group that includes (i) the shares of Eaton Hydraulics LLC as well as (ii) several other entities belonging to the hydraulics division of the Eaton Group and certain assets from the Eaton Group, excluding its golf trips and filtration businesses.

3

(4)  On 8 December 2020, an (informal) advance information copy of the SO and its cover letter were sent to the lawyers of Danfoss.

4

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| 1.12.2021 | EN | Official Journal of the European Union | C 483/13 |
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1.12.2021

EN

Official Journal of the European Union

C 483/13

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SUMMARY OF COMMISSION DECISION

of 18 March 2021

declaring a concentration compatible with the internal market and the functioning of the EEA Agreement

(Case M.9820 – DANFOSS / EATON HYDRAULICS)

(notified under document C(2021) 1697)

(Only the English version is authentic)

(Text with EEA relevance)

(2021/C 483/11)

On 18 March 2021 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (1)
  , and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision, can be found in the authentic language of the case on the website of the Directorate-General for Competition, at the following address:

http://ec.europa.eu/competition/elojade/isef/index.cfm?clear=1&policy_area_id=2

1.   THE PARTIES

| (1) | Danfoss A/S (‘Danfoss’ or ‘Notifying Party’, Denmark) is a global manufacturer of components and engineering technologies for refrigeration, air-conditioning, heating, motor control and hydraulics for off-road machinery. |
| --- | --- |

(1)

Danfoss A/S (‘Danfoss’ or ‘Notifying Party’, Denmark) is a global manufacturer of components and engineering technologies for refrigeration, air-conditioning, heating, motor control and hydraulics for off-road machinery.

| (2) | Eaton Hydraulics (‘Eaton’, Ireland) comprises the hydraulics business segment of Eaton Corporation plc (excluding its golf grips and filtration businesses). It is made of two product divisions, (i) Fluid Conveyance and (ii) Power & Motion Controls, which are both active in the supply of hydraulic components and systems for industrial and mobile equipment. Eaton is a publicly held Irish corporation. |
| --- | --- |

(2)

Eaton Hydraulics (‘Eaton’, Ireland) comprises the hydraulics business segment of Eaton Corporation plc (excluding its golf grips and filtration businesses). It is made of two product divisions, (i) Fluid Conveyance and (ii) Power & Motion Controls, which are both active in the supply of hydraulic components and systems for industrial and mobile equipment. Eaton is a publicly held Irish corporation.

2.   THE OPERATION

| (3) | On 17 August 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Merger Regulation’) according to which Danfoss would acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Eaton by way of purchase of stocks and assets (hereinafter referred to as the ‘Transaction’). Danfoss and Eaton are referred to as the ‘Parties’. The entity resulting from the Transaction is designated hereinafter as the ‘Merged Entity’. |
| --- | --- |

(3)

On 17 August 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Merger Regulation’) according to which Danfoss would acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Eaton by way of purchase of stocks and assets (hereinafter referred to as the ‘Transaction’). Danfoss and Eaton are referred to as the ‘Parties’. The entity resulting from the Transaction is designated hereinafter as the ‘Merged Entity’.

3.   UNION DIMENSION

| (4) | The Parties have a combined aggregate worldwide turnover of more than EUR 5 000 million. Each of them has a Union-wide turnover in excess of EUR 250 million, while they do not achieve more than two-thirds of their aggregate Union-wide turnover within one and the same Member State. |
| --- | --- |

(4)

The Parties have a combined aggregate worldwide turnover of more than EUR 5 000 million. Each of them has a Union-wide turnover in excess of EUR 250 million, while they do not achieve more than two-thirds of their aggregate Union-wide turnover within one and the same Member State.

| (5) | The Transaction therefore has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
| --- | --- |

(5)

The Transaction therefore has a Union dimension pursuant to Article 1(2) of the Merger Regulation.

4.   THE PROCEDURE

| (6) | By decision dated 21 September 2020, the Commission found that the proposed Transaction raised serious doubts as to its compatibility with the internal market and initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation (‘the decision opening proceedings’). |
| --- | --- |

(6)

By decision dated 21 September 2020, the Commission found that the proposed Transaction raised serious doubts as to its compatibility with the internal market and initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation (‘the decision opening proceedings’).

| (7) | The in-depth investigation did not allow dispelling the competition concerns preliminarily identified. On 8 December 2020, the Commission adopted a Statement of Objections (the ‘SO’), where it came to the preliminary view that the Transaction would likely significantly impede effective competition in the internal market in relation to the supply of hydraulic steering units (‘HSUs’), electrohydraulic steering valves (‘ESVs’) and orbital motors in the EEA within the meaning of Article 2 of the Merger Regulation due to the creation or strengthening of a dominant market position in the relevant markets. |
| --- | --- |

(7)

The in-depth investigation did not allow dispelling the competition concerns preliminarily identified. On 8 December 2020, the Commission adopted a Statement of Objections (the ‘SO’), where it came to the preliminary view that the Transaction would likely significantly impede effective competition in the internal market in relation to the supply of hydraulic steering units (‘HSUs’), electrohydraulic steering valves (‘ESVs’) and orbital motors in the EEA within the meaning of Article 2 of the Merger Regulation due to the creation or strengthening of a dominant market position in the relevant markets.

| (8) | On 28 January 2021, the Notifying Party submitted commitments, pursuant to Article 8(2) of the Merger Regulation, in order to address the competition concerns identified in the SO. On 15 February 2021, the Notifying Party submitted revised commitments pursuant to Article 8(2) of the Merger Regulation to address the competition concerns identified in the SO (the ‘Final Commitments’). |
| --- | --- |

(8)

On 28 January 2021, the Notifying Party submitted commitments, pursuant to Article 8(2) of the Merger Regulation, in order to address the competition concerns identified in the SO. On 15 February 2021, the Notifying Party submitted revised commitments pursuant to Article 8(2) of the Merger Regulation to address the competition concerns identified in the SO (the ‘Final Commitments’).

5.   SUMMARY

| (9) | The Commission observed that Danfoss, already prior to the Transaction, has a significant market shares in HSUs, ESVs and orbital motors sold to the EEA market (HSU: [60-70]%, ESV: [50-60]% and orbital motors: [40-50]%). Following the Transaction, the share would further increase to well above 60 % or even close to 80 % (HSU: [70-80]%, ESV: [60-70]% and orbital motors: [60-70]%). |
| --- | --- |

(9)

The Commission observed that Danfoss, already prior to the Transaction, has a significant market shares in HSUs, ESVs and orbital motors sold to the EEA market (HSU: [60-70]%, ESV: [50-60]% and orbital motors: [40-50]%). Following the Transaction, the share would further increase to well above 60 % or even close to 80 % (HSU: [70-80]%, ESV: [60-70]% and orbital motors: [60-70]%).

| (10) | In terms of market concentration, for all the three concerned markets the Transaction would also lead to HHIs by far above the value of 2 000 and to an HHI-increment well higher than 150, or above any other threshold values defined in the Horizontal Merger Guidelines. |
| --- | --- |

(10)

In terms of market concentration, for all the three concerned markets the Transaction would also lead to HHIs by far above the value of 2 000 and to an HHI-increment well higher than 150, or above any other threshold values defined in the Horizontal Merger Guidelines.

| (11) | The market investigation in Phase II revealed (i) the Parties compete closely, (ii) customers face important impediments in switching suppliers, (iii) competitors are not a sufficient constraint to the Parties’ market power, (iv) across-technology competition is limited, (v) countervailing buyer power would not prevent price increases, and (vi) barriers to entry are high. |
| --- | --- |

(11)

The market investigation in Phase II revealed (i) the Parties compete closely, (ii) customers face important impediments in switching suppliers, (iii) competitors are not a sufficient constraint to the Parties’ market power, (iv) across-technology competition is limited, (v) countervailing buyer power would not prevent price increases, and (vi) barriers to entry are high.

| (12) | The market test showed that the Final Commitments submitted by the Notifying Party address the Commission’s concerns – they are structural in nature and remove the entire overlap for HSUs, ESVs and orbital motors in the EEA. The Divestment Business consists of three manufacturing plants with a significant footprint in the EEA and US, offers the full range of HSU, ESV and orbital motor products and commands sales in the EEA that exceed the sales of Eaton pre-Transaction on all three markets. The results of the market test, in particular the customers who responded, support this finding. |
| --- | --- |

(12)

The market test showed that the Final Commitments submitted by the Notifying Party address the Commission’s concerns – they are structural in nature and remove the entire overlap for HSUs, ESVs and orbital motors in the EEA. The Divestment Business consists of three manufacturing plants with a significant footprint in the EEA and US, offers the full range of HSU, ESV and orbital motor products and commands sales in the EEA that exceed the sales of Eaton pre-Transaction on all three markets. The results of the market test, in particular the customers who responded, support this finding.

| (13) | The Divestment Business will also be viable and able to compete effectively on all three product markets. The divested products are well-known in the market and the divested manufacturing sites are largely self-sustaining with growth potential. The addition of the Eaton’s HSU and orbital motor products will further increase the competitiveness of the Divestment Business. The safeguards foreseen in the commitments submitted by the Notifying Party mitigate, to the extent possible, the risks associated with the transfer of production lines, the replication of certain production steps and the transfer of customer contracts. |
| --- | --- |

(13)

The Divestment Business will also be viable and able to compete effectively on all three product markets. The divested products are well-known in the market and the divested manufacturing sites are largely self-sustaining with growth potential. The addition of the Eaton’s HSU and orbital motor products will further increase the competitiveness of the Divestment Business. The safeguards foreseen in the commitments submitted by the Notifying Party mitigate, to the extent possible, the risks associated with the transfer of production lines, the replication of certain production steps and the transfer of customer contracts.

| (14) | Therefore, a clearance decision pursuant to Article 8(2) of the Merger Regulation was adopted. |
| --- | --- |

(14)

Therefore, a clearance decision pursuant to Article 8(2) of the Merger Regulation was adopted.

6.   EXPLANATORY MEMORANDUM

6.1.   The relevant product markets

| (15) | The Transaction concerns components for hydraulic power systems (‘HPS’). HPS are used in machines or in industrial plants for transferring mechanical energy from a certain mechanical energy source (e.g. from a diesel engine) to a certain point of use. The main customers of HPS and their components are OEMs, active in the production of (i) agricultural machinery (e.g. tractors and harvesters) or (ii) construction machinery (e.g. excavators and lifts) and the respective distributors. Additional downstream industries include forestry, oil & gas and mining. |
| --- | --- |

(15)

The Transaction concerns components for hydraulic power systems (‘HPS’). HPS are used in machines or in industrial plants for transferring mechanical energy from a certain mechanical energy source (e.g. from a diesel engine) to a certain point of use. The main customers of HPS and their components are OEMs, active in the production of (i) agricultural machinery (e.g. tractors and harvesters) or (ii) construction machinery (e.g. excavators and lifts) and the respective distributors. Additional downstream industries include forestry, oil & gas and mining.

| (16) | The Commission finds, based on the evidence gathered during its investigation, and in line with the arguments of the Notifying Party, that each individual HPS component constitutes a separate product market. |
| --- | --- |

(16)

The Commission finds, based on the evidence gathered during its investigation, and in line with the arguments of the Notifying Party, that each individual HPS component constitutes a separate product market.

| (17) | The Parties’ activities overlap in relation to a number of HPS components markets, including: (i) the market for hydraulic steering units (‘HSUs’) for off-road machinery (ii) the market for electrohydraulic steering valves (‘ESVs’) for off-road vehicles; the market for orbital motors; and the market for hydraulic pumps. |
| --- | --- |

(17)

The Parties’ activities overlap in relation to a number of HPS components markets, including: (i) the market for hydraulic steering units (‘HSUs’) for off-road machinery (ii) the market for electrohydraulic steering valves (‘ESVs’) for off-road vehicles; the market for orbital motors; and the market for hydraulic pumps.

| (18) | The Commission’s investigation has indicated that the markets for HSUs, ESVs, and orbital motors all constitute single, but nevertheless, differentiated product markets. Distinctions can be made in these product markets according to end-use, sales channel, quality or ‘tier’ of products, amongst other factors. |
| --- | --- |

(18)

The Commission’s investigation has indicated that the markets for HSUs, ESVs, and orbital motors all constitute single, but nevertheless, differentiated product markets. Distinctions can be made in these product markets according to end-use, sales channel, quality or ‘tier’ of products, amongst other factors.

| (19) | In relation to the market for pumps, while finding it to also be a differentiated market, the Commission left open the possible further segmentation of the market, given that the Transaction does not give rise to competition concerns under any possible delineation. |
| --- | --- |

(19)

In relation to the market for pumps, while finding it to also be a differentiated market, the Commission left open the possible further segmentation of the market, given that the Transaction does not give rise to competition concerns under any possible delineation.

| (20) | Following its market investigation, the Commission observed strong indications that competition takes place on an EEA level as regards the manufacturing and supply of HSUs, ESVs, orbital motors and hydraulic pumps for mobile applications and any plausible sub-distinctions thereof. |
| --- | --- |

(20)

Following its market investigation, the Commission observed strong indications that competition takes place on an EEA level as regards the manufacturing and supply of HSUs, ESVs, orbital motors and hydraulic pumps for mobile applications and any plausible sub-distinctions thereof.

| (21) | The results of the investigation indicate that there are significant obstacles for EEA-based customers to source from outside the EEA and constraints for intercontinental supply, rendering an EEA-based supplier highly preferable. Considering all evidence available to it, the Commission concludes that the markets for the production and supply of HSUs, ESVs, orbital motors and hydraulic pumps for mobile applications and any plausible sub-distinctions thereof are all EEA-wide in scope. |
| --- | --- |

(21)

The results of the investigation indicate that there are significant obstacles for EEA-based customers to source from outside the EEA and constraints for intercontinental supply, rendering an EEA-based supplier highly preferable. Considering all evidence available to it, the Commission concludes that the markets for the production and supply of HSUs, ESVs, orbital motors and hydraulic pumps for mobile applications and any plausible sub-distinctions thereof are all EEA-wide in scope.

6.2.   Competitive Assessment

| (22) | The Commission found competition concerns in the production and supply of HSUs, ESVs and orbital motors in the EEA. The Commission’s concerns are based on a number of considerations and findings, including the ones laid out in the following paragraphs. |
| --- | --- |

(22)

The Commission found competition concerns in the production and supply of HSUs, ESVs and orbital motors in the EEA. The Commission’s concerns are based on a number of considerations and findings, including the ones laid out in the following paragraphs.

| (23) | The Commission did not find competition concerns in relation to hydraulic pumps in light of Eaton’s limited activity and market share in the EEA. |
| --- | --- |

(23)

The Commission did not find competition concerns in relation to hydraulic pumps in light of Eaton’s limited activity and market share in the EEA.

6.2.1.   The Transaction leads to very high combined sales in the three markets, suggesting the creation or strengthening of dominance and increasing concentration in these already concentrated markets

| (24) | The Commission observes that Danfoss, already prior to the Transaction, has a significant market shares in HSUs, ESVs and orbital motors sold to the EEA market (HSU: [60-70]%, ESV: [50-60]% and orbital motors: [40-50]%). Following the Transaction, the share would further increase to well above 60 % or even close to 80 % (HSU: [70-80]%, ESV: [60-70]% and orbital motors: [60-70]%). |
| --- | --- |

(24)

The Commission observes that Danfoss, already prior to the Transaction, has a significant market shares in HSUs, ESVs and orbital motors sold to the EEA market (HSU: [60-70]%, ESV: [50-60]% and orbital motors: [40-50]%). Following the Transaction, the share would further increase to well above 60 % or even close to 80 % (HSU: [70-80]%, ESV: [60-70]% and orbital motors: [60-70]%).

| (25) | In terms of market concentration, for all the three concerned markets the Transaction would also lead to HHIs by far above the value of 2 000 and to an HHI-increment well higher than 150, or above any other threshold values defined in the Horizontal Merger Guidelines. |
| --- | --- |

(25)

In terms of market concentration, for all the three concerned markets the Transaction would also lead to HHIs by far above the value of 2 000 and to an HHI-increment well higher than 150, or above any other threshold values defined in the Horizontal Merger Guidelines.

6.2.2.   For the three concerned markets, the Transaction is likely to result in higher prices

| (26) | In relation to all the three markets, the Commission found that (i) the Parties compete closely, (ii) customers face important impediments in switching suppliers, (iii) competitors are not a sufficient constraint to the Parties’ market power, (iv) across-technology competition is limited, (v) countervailing buyer power would not prevent price increases, and (vi) barriers to entry are high.






  (a) | The Parties compete closely. The Commission’s investigation suggested that the Parties are close, if not each other’s closest, competitors in HSUs, ESVs, and orbital motors. Quantitative economic analysis showed that the Parties frequently compete for the same opportunities in these markets. Moreover, the market investigation confirmed that competitors and customer’s view the Parties’ product offerings as largely similar and substitutable. There are also factors that distinguish Danfoss and Eaton from other market players, such as the comprehensive range of their portfolios and quality of their products, which also lead to a conclusion that they compete closely. |
| --- | --- | --- |

(26)

In relation to all the three markets, the Commission found that (i) the Parties compete closely, (ii) customers face important impediments in switching suppliers, (iii) competitors are not a sufficient constraint to the Parties’ market power, (iv) across-technology competition is limited, (v) countervailing buyer power would not prevent price increases, and (vi) barriers to entry are high.

(a)

The Parties compete closely. The Commission’s investigation suggested that the Parties are close, if not each other’s closest, competitors in HSUs, ESVs, and orbital motors. Quantitative economic analysis showed that the Parties frequently compete for the same opportunities in these markets. Moreover, the market investigation confirmed that competitors and customer’s view the Parties’ product offerings as largely similar and substitutable. There are also factors that distinguish Danfoss and Eaton from other market players, such as the comprehensive range of their portfolios and quality of their products, which also lead to a conclusion that they compete closely.

| (b) | Customers face important impediments in switching suppliers. There are technical and practical limitations to switching, particularly at the production phase of a machine. OEMs also typically have only one homologated supplier for each component of a certain machine in production. There are also sometimes barriers to switching at the design phase of a machine due to cost factors and time required for homologation and therefore for new machines OEMs tend to use HSUs, ESVs or orbital motors that were already homologated for other machines. |
| --- | --- |

(b)

Customers face important impediments in switching suppliers. There are technical and practical limitations to switching, particularly at the production phase of a machine. OEMs also typically have only one homologated supplier for each component of a certain machine in production. There are also sometimes barriers to switching at the design phase of a machine due to cost factors and time required for homologation and therefore for new machines OEMs tend to use HSUs, ESVs or orbital motors that were already homologated for other machines.

| (c) | Competitors are not a sufficient constraint to the Parties’ market power. All three markets contain a very small number of credible competitors to the Parties. The market investigation indicated that these existing competitors would be unlikely to sufficiently constrain the Merged Entity post-Transaction, given (i) their limited market shares and (ii) distinctions between the Parties offerings and those of competitors, e.g. on the basis of product portfolio or quality. This distinction of products lead to the conclusion that not all the demand would be contestable in the event of a price increase by the combined entity. |
| --- | --- |

(c)

Competitors are not a sufficient constraint to the Parties’ market power. All three markets contain a very small number of credible competitors to the Parties. The market investigation indicated that these existing competitors would be unlikely to sufficiently constrain the Merged Entity post-Transaction, given (i) their limited market shares and (ii) distinctions between the Parties offerings and those of competitors, e.g. on the basis of product portfolio or quality. This distinction of products lead to the conclusion that not all the demand would be contestable in the event of a price increase by the combined entity.

| (d) | Across-technology competition is limited. Across-technology alternatives (for HSUs these are electric steering and electrohydraulic steering solutions, for ESVs a particular steering solution developed by Ognibene, and for orbital motors electric motors and cam-lobe piston motors) exert a limited competitive constraints on the Parties mainly because (i) OEMs face difficulties or are reluctant to switch technology and/or (ii) competition with other technologies regard only a limited part of the market. |
| --- | --- |

(d)

Across-technology competition is limited. Across-technology alternatives (for HSUs these are electric steering and electrohydraulic steering solutions, for ESVs a particular steering solution developed by Ognibene, and for orbital motors electric motors and cam-lobe piston motors) exert a limited competitive constraints on the Parties mainly because (i) OEMs face difficulties or are reluctant to switch technology and/or (ii) competition with other technologies regard only a limited part of the market.

| (e) | Countervailing buyer power would not prevent price increases. Small and medium OEMs typically purchase HSUs, ESVs and orbital motors through distributors. Neither these OEMs nor distributors appear to have enough countervailing buyer power to prevent price increase. Larger OEMs, which purchase directly from the Parties, possess, to some extents, a relatively higher degree of buyer power. However, barriers to switching suppliers, the lack of credible alternatives to the Parties, and past instances in which the Parties successfully managed to increase price with large OEMs indicate that also large OEMs would not be able to prevent a price increase. |
| --- | --- |

(e)

Countervailing buyer power would not prevent price increases. Small and medium OEMs typically purchase HSUs, ESVs and orbital motors through distributors. Neither these OEMs nor distributors appear to have enough countervailing buyer power to prevent price increase. Larger OEMs, which purchase directly from the Parties, possess, to some extents, a relatively higher degree of buyer power. However, barriers to switching suppliers, the lack of credible alternatives to the Parties, and past instances in which the Parties successfully managed to increase price with large OEMs indicate that also large OEMs would not be able to prevent a price increase.

| (f) | Barriers to entry are high. Entering any of the markets for HSUs, ESVs or orbital motor takes a long time and is very challenging due to the required technical know-how, expertise, R&D as well as certification, validation and testing processes of OEMs. Other requirements such as economies of scale, breadth of portfolio, sales and support systems and reputation are very difficult to meet for new market entrants. In line with this, the Commission did identify neither recent market entries nor foreseeable market entries in the near future (including by manufacturers located outside the EEA). |
| --- | --- |

(f)

Barriers to entry are high. Entering any of the markets for HSUs, ESVs or orbital motor takes a long time and is very challenging due to the required technical know-how, expertise, R&D as well as certification, validation and testing processes of OEMs. Other requirements such as economies of scale, breadth of portfolio, sales and support systems and reputation are very difficult to meet for new market entrants. In line with this, the Commission did identify neither recent market entries nor foreseeable market entries in the near future (including by manufacturers located outside the EEA).

| (27) | The Commission therefore concludes that the notified concentration raises serious doubts as to its compatibility with the internal Market with regard to HSU, ESVs and orbital motors. |
| --- | --- |

(27)

The Commission therefore concludes that the notified concentration raises serious doubts as to its compatibility with the internal Market with regard to HSU, ESVs and orbital motors.

6.3.   The Commitments

| (28) | In order to remove the aforementioned competition concerns in the supply of HSUs, ESVs and orbital motors in the EEA, the Parties submitted the undertakings described below. |
| --- | --- |

(28)

In order to remove the aforementioned competition concerns in the supply of HSUs, ESVs and orbital motors in the EEA, the Parties submitted the undertakings described below.

| (29) | The Notifying Party undertakes to divest, or ensure the divestment of, parts of Danfoss’ Business Unit Motors and parts of Danfoss’ HSU and ESV business (together the ‘Divestment Business’). This translates into the divestment of Danfoss’ entire manufacturing plants in Wroclaw (Poland), Parchim (Germany) and Hopkinsville (US) including all tangible and intangible assets (products, customer contracts, credit and other records, functions and personnel, patents and other know-how). |
| --- | --- |

(29)

The Notifying Party undertakes to divest, or ensure the divestment of, parts of Danfoss’ Business Unit Motors and parts of Danfoss’ HSU and ESV business (together the ‘Divestment Business’). This translates into the divestment of Danfoss’ entire manufacturing plants in Wroclaw (Poland), Parchim (Germany) and Hopkinsville (US) including all tangible and intangible assets (products, customer contracts, credit and other records, functions and personnel, patents and other know-how).

| (30) | The Divestment Business is complemented by certain Eaton products, namely (i) all tangible and intangible assets (including production lines) necessary for the manufacture and sale of Eaton’s Series 10 and S70 HSU as well as Eaton’s HP and VIS medium power orbital motors; (ii) the technology related to Eaton’s Series 20 HSU; and (iii) tangible and intangible assets necessary for the manufacture of certain Eaton ESV. |
| --- | --- |

(30)

The Divestment Business is complemented by certain Eaton products, namely (i) all tangible and intangible assets (including production lines) necessary for the manufacture and sale of Eaton’s Series 10 and S70 HSU as well as Eaton’s HP and VIS medium power orbital motors; (ii) the technology related to Eaton’s Series 20 HSU; and (iii) tangible and intangible assets necessary for the manufacture of certain Eaton ESV.

| (31) | The commitments submitted by the Notifying Party lay down a number of further safeguards to ensure the viability and competitiveness of the Divestment Business, in particular the following: |
| --- | --- |

(31)

The commitments submitted by the Notifying Party lay down a number of further safeguards to ensure the viability and competitiveness of the Divestment Business, in particular the following:

| (32) | The Notifying Party commits that the Divestment Business will not be dependent on any plant that Danfoss will retain. In particular, the production at each of the plants in Hopkinsville, Parchim and Wroclaw should be fully self-sustained post-divestiture. In order to preserve the Divestment Business viability in the short-term (i.e. until the Divestment Business is able to procure or to produce in-house similar products or services), Danfoss will supply transitional services at cost. In order to support the Purchaser to replace certain transitional service agreements Danfoss commits to establish an escrow with a certain amount of funding. |
| --- | --- |

(32)

The Notifying Party commits that the Divestment Business will not be dependent on any plant that Danfoss will retain. In particular, the production at each of the plants in Hopkinsville, Parchim and Wroclaw should be fully self-sustained post-divestiture. In order to preserve the Divestment Business viability in the short-term (i.e. until the Divestment Business is able to procure or to produce in-house similar products or services), Danfoss will supply transitional services at cost. In order to support the Purchaser to replace certain transitional service agreements Danfoss commits to establish an escrow with a certain amount of funding.

| (33) | The Notifying Party also commits to ensure the transfer of customer and distributor contracts to the Divestment Business by, inter alia, a non-solicitation obligation, the lifting of exclusivity provisions and the obligation to purchase products from the Divestment Business and pass them on to customers who do not wish to transfer to the Divestment Business. |
| --- | --- |

(33)

The Notifying Party also commits to ensure the transfer of customer and distributor contracts to the Divestment Business by, inter alia, a non-solicitation obligation, the lifting of exclusivity provisions and the obligation to purchase products from the Divestment Business and pass them on to customers who do not wish to transfer to the Divestment Business.

Assessment of the undertakings submitted

| (34) | The commitments submitted by the Parties address the Commission’s concerns – they are structural in nature and the size of the structural divestment would be the equivalent to that of Eaton, or even larger in the three concerned markets identified as being of concern. |
| --- | --- |

(34)

The commitments submitted by the Parties address the Commission’s concerns – they are structural in nature and the size of the structural divestment would be the equivalent to that of Eaton, or even larger in the three concerned markets identified as being of concern.

| (35) | The Divestment Business consists of three manufacturing plants with a significant footprint in the EEA and US, offers the full range of HSU, ESV and orbital motor products and commands sales in the EEA that exceed the sales of Eaton pre-Transaction on all three markets. The results of the market test, in particular the customers who responded, support this finding. |
| --- | --- |

(35)

The Divestment Business consists of three manufacturing plants with a significant footprint in the EEA and US, offers the full range of HSU, ESV and orbital motor products and commands sales in the EEA that exceed the sales of Eaton pre-Transaction on all three markets. The results of the market test, in particular the customers who responded, support this finding.

| (36) | The Divestment Business will also be viable and able to compete effectively on all three product markets. The divested products are well-known in the market and the divested manufacturing sites are largely self-sustaining with growth potential. The addition of the Eaton’s HSU and orbital motor products will further increase the competitiveness of the Divestment Business. The safeguards foreseen in the commitments submitted by the Notifying Party mitigate, to the extent possible, the risks associated with the transfer of production lines, the replication of certain production steps and the transfer of customer contracts. |
| --- | --- |

(36)

The Divestment Business will also be viable and able to compete effectively on all three product markets. The divested products are well-known in the market and the divested manufacturing sites are largely self-sustaining with growth potential. The addition of the Eaton’s HSU and orbital motor products will further increase the competitiveness of the Divestment Business. The safeguards foreseen in the commitments submitted by the Notifying Party mitigate, to the extent possible, the risks associated with the transfer of production lines, the replication of certain production steps and the transfer of customer contracts.

7.   CONCLUSION

| (37) | The Commission concludes that, subject to full compliance with the conditions and obligations set out in the commitments entered into by the Notifying Party, the proposed concentration will not significantly impede effective competition in the internal market in relation to the market for the supply of HSUs, ESVs and orbital motors or of any of the other markets where the Parties are active. |
| --- | --- |

(37)

The Commission concludes that, subject to full compliance with the conditions and obligations set out in the commitments entered into by the Notifying Party, the proposed concentration will not significantly impede effective competition in the internal market in relation to the market for the supply of HSUs, ESVs and orbital motors or of any of the other markets where the Parties are active.

| (38) | Consequently, the concentration is declared compatible with the Internal Market and the functioning of the EEA Agreement, in accordance with Article 2(2) and Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. |
| --- | --- |

(38)

Consequently, the concentration is declared compatible with the Internal Market and the functioning of the EEA Agreement, in accordance with Article 2(2) and Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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European Ombudsman

| 1.12.2021 | EN | Official Journal of the European Union | C 483/18 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/18

---

Annual Report 2020

(2021/C 483/12)

On 17 November 2021, the European Ombudsman presented her Annual Report for the year 2020 to the President of the European Parliament.

The Annual Report is available on the European Ombudsman’s website in all 24 official languages at: http://www.ombudsman.europa.eu/en/activities/annualreports.faces

---

NOTICES FROM MEMBER STATES

| 1.12.2021 | EN | Official Journal of the European Union | C 483/19 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/19

---

Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1)

(2021/C 483/13)

The publication of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2) is based on the information notified by the Member States to the Commission pursuant to Article 39 of the Schengen Borders Code.

In addition to the publication in the Official Journal, a regular update is available on the website of the Directorate-General for Migration and Home Affairs.

LIST OF BORDER CROSSING POINTS

FRANCE

Replacement of the information published in OJ C 219, 9.6.2021, p. 9.

Air borders

| (1) | Ajaccio-Napoléon-Bonaparte |
| --- | --- |

(1)

Ajaccio-Napoléon-Bonaparte

| (2) | Albert-Bray |
| --- | --- |

(2)

Albert-Bray

| (3) | Angers-Marcé |
| --- | --- |

(3)

Angers-Marcé

| (4) | Angoulême-Brie-Champniers |
| --- | --- |

(4)

Angoulême-Brie-Champniers

| (5) | Annecy-Methet |
| --- | --- |

(5)

Annecy-Methet

| (6) | Auxerre-Branches |
| --- | --- |

(6)

Auxerre-Branches

| (7) | Avignon-Caumont |
| --- | --- |

(7)

Avignon-Caumont

| (8) | Bâle-Mulhouse |
| --- | --- |

(8)

Bâle-Mulhouse

| (9) | Bastia-Poretta |
| --- | --- |

(9)

Bastia-Poretta

| (10) | Beauvais-Tillé |
| --- | --- |

(10)

Beauvais-Tillé

| (11) | Bergerac-Dordonge-Périgord |
| --- | --- |

(11)

Bergerac-Dordonge-Périgord

| (12) | Béziers-Vias |
| --- | --- |

(12)

Béziers-Vias

| (13) | Biarritz-Pays Basque |
| --- | --- |

(13)

Biarritz-Pays Basque

| (14) | Bordeaux-Mérignac |
| --- | --- |

(14)

Bordeaux-Mérignac

| (15) | Brest-Bretagne |
| --- | --- |

(15)

Brest-Bretagne

| (16) | Brive-Souillac |
| --- | --- |

(16)

Brive-Souillac

| (17) | Caen-Carpiquet |
| --- | --- |

(17)

Caen-Carpiquet

| (18) | Calais-Dunkerque |
| --- | --- |

(18)

Calais-Dunkerque

| (19) | Calvi-Sainte-Catherine |
| --- | --- |

(19)

Calvi-Sainte-Catherine

| (20) | Cannes-Mandelieu |
| --- | --- |

(20)

Cannes-Mandelieu

| (21) | Carcassonne-Salvaza |
| --- | --- |

(21)

Carcassonne-Salvaza

| (22) | Châlons-Vatry |
| --- | --- |

(22)

Châlons-Vatry

| (23) | Chambéry-Aix-les-Bains |
| --- | --- |

(23)

Chambéry-Aix-les-Bains

| (24) | Châteauroux-Déols |
| --- | --- |

(24)

Châteauroux-Déols

| (25) | Cherbourg-Mauperthus |
| --- | --- |

(25)

Cherbourg-Mauperthus

| (26) | Clermont-Ferrand-Auvergne |
| --- | --- |

(26)

Clermont-Ferrand-Auvergne

| (27) | Colmar-Houssen |
| --- | --- |

(27)

Colmar-Houssen

| (28) | Deauville-Normandie |
| --- | --- |

(28)

Deauville-Normandie

| (29) | Dijon-Longvic |
| --- | --- |

(29)

Dijon-Longvic

| (30) | Dinard-Pleurtuit-Saint-Malo |
| --- | --- |

(30)

Dinard-Pleurtuit-Saint-Malo

| (31) | Dôle-Tavaux |
| --- | --- |

(31)

Dôle-Tavaux

| (32) | Epinal-Mirecourt |
| --- | --- |

(32)

Epinal-Mirecourt

| (33) | Figari-Sud Corse |
| --- | --- |

(33)

Figari-Sud Corse

| (34) | Grenoble-Alpes-Isère |
| --- | --- |

(34)

Grenoble-Alpes-Isère

| (35) | Hyères-le Palivestre |
| --- | --- |

(35)

Hyères-le Palivestre

| (36) | Paris-Issy-les-Moulineaux |
| --- | --- |

(36)

Paris-Issy-les-Moulineaux

| (37) | La Môle-Saint-Tropez (annual opening from 1 July to 15 October) |
| --- | --- |

(37)

La Môle-Saint-Tropez (annual opening from 1 July to 15 October)

| (38) | La Rochelle-Ile de Ré |
| --- | --- |

(38)

La Rochelle-Ile de Ré

| (39) | La Roche-sur-Yon |
| --- | --- |

(39)

La Roche-sur-Yon

| (40) | Laval-Entrammes |
| --- | --- |

(40)

Laval-Entrammes

| (41) | Le Castellet (open from 23 May to 4 July 2021) |
| --- | --- |

(41)

Le Castellet (open from 23 May to 4 July 2021)

| (42) | Le Havre-Octeville |
| --- | --- |

(42)

Le Havre-Octeville

| (43) | Le Mans-Arnage |
| --- | --- |

(43)

Le Mans-Arnage

| (44) | Le Touquet-Côte ďOpale |
| --- | --- |

(44)

Le Touquet-Côte ďOpale

| (45) | Lille-Lesquin |
| --- | --- |

(45)

Lille-Lesquin

| (46) | Limoges-Bellegarde |
| --- | --- |

(46)

Limoges-Bellegarde

| (47) | Lorient-Lann-Bihoué |
| --- | --- |

(47)

Lorient-Lann-Bihoué

| (48) | Lyon-Bron |
| --- | --- |

(48)

Lyon-Bron

| (49) | Lyon-Saint-Exupéry |
| --- | --- |

(49)

Lyon-Saint-Exupéry

| (50) | Marseille-Provence |
| --- | --- |

(50)

Marseille-Provence

| (51) | Metz-Nancy-Lorraine |
| --- | --- |

(51)

Metz-Nancy-Lorraine

| (52) | Monaco-Héliport |
| --- | --- |

(52)

Monaco-Héliport

| (53) | Montpellier-Méditérranée |
| --- | --- |

(53)

Montpellier-Méditérranée

| (54) | Nantes-Atlantique |
| --- | --- |

(54)

Nantes-Atlantique

| (55) | Nice-Côte d’Azur |
| --- | --- |

(55)

Nice-Côte d’Azur

| (56) | Nîmes-Garons |
| --- | --- |

(56)

Nîmes-Garons

| (57) | Orléans-Bricy |
| --- | --- |

(57)

Orléans-Bricy

| (58) | Orléans-Saint-Denis-de-l’Hôtel |
| --- | --- |

(58)

Orléans-Saint-Denis-de-l’Hôtel

| (59) | Paris-Charles de Gaulle |
| --- | --- |

(59)

Paris-Charles de Gaulle

| (60) | Paris-le Bourget |
| --- | --- |

(60)

Paris-le Bourget

| (61) | Paris-Orly |
| --- | --- |

(61)

Paris-Orly

| (62) | Pau-Pyrénées |
| --- | --- |

(62)

Pau-Pyrénées

| (63) | Perpignan-Rivesaltes |
| --- | --- |

(63)

Perpignan-Rivesaltes

| (64) | Poitiers-Biard |
| --- | --- |

(64)

Poitiers-Biard

| (65) | Quimper-Pluguffan (open from the beginning of May to the beginning of September) |
| --- | --- |

(65)

Quimper-Pluguffan (open from the beginning of May to the beginning of September)

| (66) | Rennes Saint-Jacques |
| --- | --- |

(66)

Rennes Saint-Jacques

| (67) | Rodez-Aveyron |
| --- | --- |

(67)

Rodez-Aveyron

| (68) | Rouen-Vallée de Seine |
| --- | --- |

(68)

Rouen-Vallée de Seine

| (69) | Saint-Brieuc-Armor |
| --- | --- |

(69)

Saint-Brieuc-Armor

| (70) | Saint-Etienne Loire |
| --- | --- |

(70)

Saint-Etienne Loire

| (71) | Saint-Nazaire-Montoir |
| --- | --- |

(71)

Saint-Nazaire-Montoir

| (72) | Strasbourg-Entzheim |
| --- | --- |

(72)

Strasbourg-Entzheim

| (73) | Tarbes-Lourdes-Pyrénées |
| --- | --- |

(73)

Tarbes-Lourdes-Pyrénées

| (74) | Toulouse-Blagnac |
| --- | --- |

(74)

Toulouse-Blagnac

| (75) | Toulouse-Francazal |
| --- | --- |

(75)

Toulouse-Francazal

| (76) | Tours-Val de Loire |
| --- | --- |

(76)

Tours-Val de Loire

| (77) | Troyes-Barberey |
| --- | --- |

(77)

Troyes-Barberey

| (78) | Valence – Chabeuil ( from 1 June 2021) |
| --- | --- |

(78)

Valence – Chabeuil ( from 1 June 2021)

Sea borders

| (1) | Ajaccio |
| --- | --- |

(1)

Ajaccio

| (2) | Bastia |
| --- | --- |

(2)

Bastia

| (3) | Bayonne |
| --- | --- |

(3)

Bayonne

| (4) | Bordeaux |
| --- | --- |

(4)

Bordeaux

| (5) | Boulogne |
| --- | --- |

(5)

Boulogne

| (6) | Brest |
| --- | --- |

(6)

Brest

| (7) | Caen-Ouistreham |
| --- | --- |

(7)

Caen-Ouistreham

| (8) | Calais |
| --- | --- |

(8)

Calais

| (9) | Cannes-Vieux Port |
| --- | --- |

(9)

Cannes-Vieux Port

| (10) | Carteret |
| --- | --- |

(10)

Carteret

| (11) | Cherbourg |
| --- | --- |

(11)

Cherbourg

| (12) | Dieppe |
| --- | --- |

(12)

Dieppe

| (13) | Douvres |
| --- | --- |

(13)

Douvres

| (14) | Dunkerque |
| --- | --- |

(14)

Dunkerque

| (15) | Granville |
| --- | --- |

(15)

Granville

| (16) | Honfleur |
| --- | --- |

(16)

Honfleur

| (17) | La Rochelle-La Pallice |
| --- | --- |

(17)

La Rochelle-La Pallice

| (18) | Le Havre |
| --- | --- |

(18)

Le Havre

| (19) | Les Sables-d’Olonne-Port |
| --- | --- |

(19)

Les Sables-d’Olonne-Port

| (20) | Lorient |
| --- | --- |

(20)

Lorient

| (21) | Marseille |
| --- | --- |

(21)

Marseille

| (22) | Monaco-Port de la Condamine |
| --- | --- |

(22)

Monaco-Port de la Condamine

| (23) | Nantes-Saint-Nazaire |
| --- | --- |

(23)

Nantes-Saint-Nazaire

| (24) | Nice |
| --- | --- |

(24)

Nice

| (25) | Port-de-Bouc-Fos/Port-Saint-Louis |
| --- | --- |

(25)

Port-de-Bouc-Fos/Port-Saint-Louis

| (26) | Port-la-Nouvelle |
| --- | --- |

(26)

Port-la-Nouvelle

| (27) | Port-Vendres |
| --- | --- |

(27)

Port-Vendres

| (28) | Roscoff |
| --- | --- |

(28)

Roscoff

| (29) | Rouen |
| --- | --- |

(29)

Rouen

| (30) | Saint-Brieuc |
| --- | --- |

(30)

Saint-Brieuc

| (31) | Saint-Malo |
| --- | --- |

(31)

Saint-Malo

| (32) | Sète |
| --- | --- |

(32)

Sète

| (33) | Toulon |
| --- | --- |

(33)

Toulon

Land borders

| (1) | Bourg Saint Maurice railway station (open from the beginning of December to mid-April) |
| --- | --- |

(1)

Bourg Saint Maurice railway station (open from the beginning of December to mid-April)

| (2) | Moûtiers railway station (open from the beginning of December to mid-April) |
| --- | --- |

(2)

Moûtiers railway station (open from the beginning of December to mid-April)

| (3) | Ashford International railway station |
| --- | --- |

(3)

Ashford International railway station

| (4) | Cheriton/Coquelles |
| --- | --- |

(4)

Cheriton/Coquelles

| (5) | Chessy-Marne-la-Vallée railway station |
| --- | --- |

(5)

Chessy-Marne-la-Vallée railway station

| (6) | Fréthun railway station |
| --- | --- |

(6)

Fréthun railway station

| (7) | Lille-Europe railway station |
| --- | --- |

(7)

Lille-Europe railway station

| (8) | Paris-Nord railway station |
| --- | --- |

(8)

Paris-Nord railway station

| (9) | St-Pancras railway station |
| --- | --- |

(9)

St-Pancras railway station

| (10) | Ebbsfleet railway station |
| --- | --- |

(10)

Ebbsfleet railway station

| (11) | Pas de la Case-Porta |
| --- | --- |

(11)

Pas de la Case-Porta

| (12) | Roissy TGV railway station - airport |
| --- | --- |

(12)

Roissy TGV railway station - airport

GERMANY

Replacement of the information published in OJ C 380, 20.9.2021, p. 3.

Ports on the North Sea

| (1) | Baltrum |
| --- | --- |

(1)

Baltrum

| (2) | Bensersiel |
| --- | --- |

(2)

Bensersiel

| (3) | Borkum |
| --- | --- |

(3)

Borkum

| (4) | Brake |
| --- | --- |

(4)

Brake

| (5) | Brunsbüttel |
| --- | --- |

(5)

Brunsbüttel

| (6) | Büsum |
| --- | --- |

(6)

Büsum

| (7) | Bützflether Sand |
| --- | --- |

(7)

Bützflether Sand

| (8) | Buxtehude |
| --- | --- |

(8)

Buxtehude

| (9) | Bremen |
| --- | --- |

(9)

Bremen

| (10) | Bremerhaven |
| --- | --- |

(10)

Bremerhaven

| (11) | Carolinensiel (Harlesiel) |
| --- | --- |

(11)

Carolinensiel (Harlesiel)

| (12) | Cuxhaven |
| --- | --- |

(12)

Cuxhaven

| (13) | Eckwarderhörne |
| --- | --- |

(13)

Eckwarderhörne

| (14) | Elsfleth |
| --- | --- |

(14)

Elsfleth

| (15) | Emden |
| --- | --- |

(15)

Emden

| (16) | Fedderwardersiel |
| --- | --- |

(16)

Fedderwardersiel

| (17) | Glückstadt |
| --- | --- |

(17)

Glückstadt

| (18) | Greetsiel |
| --- | --- |

(18)

Greetsiel

| (19) | Großensiel |
| --- | --- |

(19)

Großensiel

| (20) | Hamburg |
| --- | --- |

(20)

Hamburg

| (21) | Hamburg-Neuenfelde |
| --- | --- |

(21)

Hamburg-Neuenfelde

| (22) | Herbrum |
| --- | --- |

(22)

Herbrum

| (23) | Helgoland |
| --- | --- |

(23)

Helgoland

| (24) | Hooksiel |
| --- | --- |

(24)

Hooksiel

| (25) | Horumersiel |
| --- | --- |

(25)

Horumersiel

| (26) | Husum |
| --- | --- |

(26)

Husum

| (27) | Juist |
| --- | --- |

(27)

Juist

| (28) | Langeoog |
| --- | --- |

(28)

Langeoog

| (29) | Leer |
| --- | --- |

(29)

Leer

| (30) | Lemwerder |
| --- | --- |

(30)

Lemwerder

| (31) | List/Sylt |
| --- | --- |

(31)

List/Sylt

| (32) | Neuharlingersiel |
| --- | --- |

(32)

Neuharlingersiel

| (33) | Norddeich |
| --- | --- |

(33)

Norddeich

| (34) | Nordenham |
| --- | --- |

(34)

Nordenham

| (35) | Norderney |
| --- | --- |

(35)

Norderney

| (36) | Otterndorf |
| --- | --- |

(36)

Otterndorf

| (37) | Papenburg |
| --- | --- |

(37)

Papenburg

| (38) | Spiekeroog |
| --- | --- |

(38)

Spiekeroog

| (39) | Stade |
| --- | --- |

(39)

Stade

| (40) | Stadersand |
| --- | --- |

(40)

Stadersand

| (41) | Varel |
| --- | --- |

(41)

Varel

| (42) | Wangerooge |
| --- | --- |

(42)

Wangerooge

| (43) | Wedel |
| --- | --- |

(43)

Wedel

| (44) | Weener |
| --- | --- |

(44)

Weener

| (45) | Westeraccumersiel |
| --- | --- |

(45)

Westeraccumersiel

| (46) | Wewelsfleth |
| --- | --- |

(46)

Wewelsfleth

| (47) | Wilhelmshaven |
| --- | --- |

(47)

Wilhelmshaven

Baltic ports

| (1) | Eckernförde (Federal German Navy port facilities) |
| --- | --- |

(1)

Eckernförde (Federal German Navy port facilities)

| (2) | Port of Flensburg |
| --- | --- |

(2)

Port of Flensburg

| (3) | Port of Greifswald-Ladebow |
| --- | --- |

(3)

Port of Greifswald-Ladebow

| (4) | Jägersberg (Federal German Navy port facilities) |
| --- | --- |

(4)

Jägersberg (Federal German Navy port facilities)

| (5) | Kiel |
| --- | --- |

(5)

Kiel

| (6) | Kiel (Federal German Navy port facilities) |
| --- | --- |

(6)

Kiel (Federal German Navy port facilities)

| (7) | Kiel-Holtenau |
| --- | --- |

(7)

Kiel-Holtenau

| (8) | Lubmin |
| --- | --- |

(8)

Lubmin

| (9) | Lübeck |
| --- | --- |

(9)

Lübeck

| (10) | Lübeck-Travemünde |
| --- | --- |

(10)

Lübeck-Travemünde

| (11) | Mukran |
| --- | --- |

(11)

Mukran

| (12) | Neustadt |
| --- | --- |

(12)

Neustadt

| (13) | Puttgarden |
| --- | --- |

(13)

Puttgarden

| (14) | Rendsburg |
| --- | --- |

(14)

Rendsburg

| (15) | Port of Rostock (amalgamation of the overseas ports of Warnemünde and Rostock) |
| --- | --- |

(15)

Port of Rostock (amalgamation of the overseas ports of Warnemünde and Rostock)

| (16) | Sassnitz |
| --- | --- |

(16)

Sassnitz

| (17) | Stralsund |
| --- | --- |

(17)

Stralsund

| (18) | Surendorf (Federal German Navy port facilities) |
| --- | --- |

(18)

Surendorf (Federal German Navy port facilities)

| (19) | Vierow |
| --- | --- |

(19)

Vierow

| (20) | Wismar |
| --- | --- |

(20)

Wismar

| (21) | Wolgast |
| --- | --- |

(21)

Wolgast

ODERHAFF

| (1) | Ueckermünde |
| --- | --- |

(1)

Ueckermünde

Airports, aerodromes, air fields

IN THE FEDERAL STATE OF BADEN WÜRTTEMBERG

| (1) | Aalen-Heidenheim-Elchingen |
| --- | --- |

(1)

Aalen-Heidenheim-Elchingen

| (2) | Baden Airport Karlsruhe Baden-Baden |
| --- | --- |

(2)

Baden Airport Karlsruhe Baden-Baden

| (3) | Donaueschingen-Villingen |
| --- | --- |

(3)

Donaueschingen-Villingen

| (4) | Freiburg/Brg. |
| --- | --- |

(4)

Freiburg/Brg.

| (5) | Friedrichshafen-Löwental |
| --- | --- |

(5)

Friedrichshafen-Löwental

| (6) | Heubach (District of Schwäb. Gmünd) |
| --- | --- |

(6)

Heubach (District of Schwäb. Gmünd)

| (7) | Lahr |
| --- | --- |

(7)

Lahr

| (8) | Laupheim |
| --- | --- |

(8)

Laupheim

| (9) | Leutkirch-Unterzeil |
| --- | --- |

(9)

Leutkirch-Unterzeil

| (10) | Mannheim-City |
| --- | --- |

(10)

Mannheim-City

| (11) | Mengen |
| --- | --- |

(11)

Mengen

| (12) | Niederstetten |
| --- | --- |

(12)

Niederstetten

| (13) | Schwäbisch Hall |
| --- | --- |

(13)

Schwäbisch Hall

| (14) | Stuttgart |
| --- | --- |

(14)

Stuttgart

IN THE FEDERAL STATE OF BAVARIA

| (1) | Aschaffenburg |
| --- | --- |

(1)

Aschaffenburg

| (2) | Augsburg-Mühlhausen |
| --- | --- |

(2)

Augsburg-Mühlhausen

| (3) | Bayreuth – Bindlacher Berg |
| --- | --- |

(3)

Bayreuth – Bindlacher Berg

| (4) | Coburg-Brandebsteinsebene |
| --- | --- |

(4)

Coburg-Brandebsteinsebene

| (5) | Giebelstadt |
| --- | --- |

(5)

Giebelstadt

| (6) | Hassfurth-Mainwiesen |
| --- | --- |

(6)

Hassfurth-Mainwiesen

| (7) | Hof-Plauen |
| --- | --- |

(7)

Hof-Plauen

| (8) | Ingolstadt |
| --- | --- |

(8)

Ingolstadt

| (9) | Landshut-Ellermühle |
| --- | --- |

(9)

Landshut-Ellermühle

| (10) | Lechfeld |
| --- | --- |

(10)

Lechfeld

| (11) | Memmingerberg |
| --- | --- |

(11)

Memmingerberg

| (12) | München ‘Franz Joseph Strauß’ |
| --- | --- |

(12)

München ‘Franz Joseph Strauß’

| (13) | Neuburg |
| --- | --- |

(13)

Neuburg

| (14) | Nürnberg |
| --- | --- |

(14)

Nürnberg

| (15) | Oberpfaffenhofen |
| --- | --- |

(15)

Oberpfaffenhofen

| (16) | Roth |
| --- | --- |

(16)

Roth

| (17) | Straubing-Wallmühle |
| --- | --- |

(17)

Straubing-Wallmühle

IN THE FEDERAL STATE OF BERLIN

| (1) | Berlin-Tegel |
| --- | --- |

(1)

Berlin-Tegel

IN THE FEDERAL STATE OF BRANDENBURG

| (1) | Berlin Brandenburg ‘Willy Brandt’ |
| --- | --- |

(1)

Berlin Brandenburg ‘Willy Brandt’

| (2) | Schönhagen |
| --- | --- |

(2)

Schönhagen

IN THE FEDERAL STATE OF BREMEN

| (1) | Bremen |
| --- | --- |

(1)

Bremen

IN THE FEDERAL STATE OF HAMBURG

| (1) | Hamburg |
| --- | --- |

(1)

Hamburg

IN THE FEDERAL STATE OF HESSE

| (1) | Allendorf/Eder |
| --- | --- |

(1)

Allendorf/Eder

| (2) | Egelsbach |
| --- | --- |

(2)

Egelsbach

| (3) | Frankfurt/Main |
| --- | --- |

(3)

Frankfurt/Main

| (4) | Fritzlar |
| --- | --- |

(4)

Fritzlar

| (5) | Kassel-Calden |
| --- | --- |

(5)

Kassel-Calden

| (6) | Reichelsheim |
| --- | --- |

(6)

Reichelsheim

IN THE FEDERAL STATE OF MECKLENBURG-WESTERN POMERANIA

| (1) | Neubrandenburg-Trollenhagen |
| --- | --- |

(1)

Neubrandenburg-Trollenhagen

| (2) | Rostock-Laage |
| --- | --- |

(2)

Rostock-Laage

IN THE FEDERAL STATE OF LOWER SAXONY

| (1) | Borkum |
| --- | --- |

(1)

Borkum

| (2) | Braunschweig-Waggum |
| --- | --- |

(2)

Braunschweig-Waggum

| (3) | Bückeburg-Achum |
| --- | --- |

(3)

Bückeburg-Achum

| (4) | Celle |
| --- | --- |

(4)

Celle

| (5) | Damme/Dümmer-See |
| --- | --- |

(5)

Damme/Dümmer-See

| (6) | Diepholz |
| --- | --- |

(6)

Diepholz

| (7) | Emden |
| --- | --- |

(7)

Emden

| (8) | Fassberg |
| --- | --- |

(8)

Fassberg

| (9) | Ganderkesee |
| --- | --- |

(9)

Ganderkesee

| (10) | Hannover |
| --- | --- |

(10)

Hannover

| (11) | Leer-Nüttermoor |
| --- | --- |

(11)

Leer-Nüttermoor

| (12) | Norderney |
| --- | --- |

(12)

Norderney

| (13) | Nordholz |
| --- | --- |

(13)

Nordholz

| (14) | Nordhorn-Lingen |
| --- | --- |

(14)

Nordhorn-Lingen

| (15) | Osnabrück-Atterheide |
| --- | --- |

(15)

Osnabrück-Atterheide

| (16) | Wangerooge |
| --- | --- |

(16)

Wangerooge

| (17) | Wilhelmshaven-Mariensiel |
| --- | --- |

(17)

Wilhelmshaven-Mariensiel

| (18) | Wittmundhafen |
| --- | --- |

(18)

Wittmundhafen

| (19) | Wunstorf |
| --- | --- |

(19)

Wunstorf

IN THE FEDERAL STATE OF NORTH RHINE-WESTPHALIA

| (1) | Aachen-Merzbrück |
| --- | --- |

(1)

Aachen-Merzbrück

| (2) | Arnsberg |
| --- | --- |

(2)

Arnsberg

| (3) | Bielefeld-Windelsbleiche |
| --- | --- |

(3)

Bielefeld-Windelsbleiche

| (4) | Bonn-Hardthöhe |
| --- | --- |

(4)

Bonn-Hardthöhe

| (5) | Dortmund-Wickede |
| --- | --- |

(5)

Dortmund-Wickede

| (6) | Düsseldorf |
| --- | --- |

(6)

Düsseldorf

| (7) | Essen-Mülheim |
| --- | --- |

(7)

Essen-Mülheim

| (8) | Bonn Hangelar |
| --- | --- |

(8)

Bonn Hangelar

| (9) | Köln/Bonn |
| --- | --- |

(9)

Köln/Bonn

| (10) | Marl/Loemühle |
| --- | --- |

(10)

Marl/Loemühle

| (11) | Mönchengladbach |
| --- | --- |

(11)

Mönchengladbach

| (12) | Münster-Osnabrück |
| --- | --- |

(12)

Münster-Osnabrück

| (13) | Nörvenich |
| --- | --- |

(13)

Nörvenich

| (14) | Paderborn-Lippstadt |
| --- | --- |

(14)

Paderborn-Lippstadt

| (15) | Porta Westfalica |
| --- | --- |

(15)

Porta Westfalica

| (16) | Rheine-Bentlage |
| --- | --- |

(16)

Rheine-Bentlage

| (17) | Siegerland |
| --- | --- |

(17)

Siegerland

| (18) | Stadtlohn-Wenningfeld |
| --- | --- |

(18)

Stadtlohn-Wenningfeld

| (19) | Weeze-Lahrbruch |
| --- | --- |

(19)

Weeze-Lahrbruch

IN THE FEDERAL STATE OF RHINELAND-PALATINATE

| (1) | Büchel |
| --- | --- |

(1)

Büchel

| (2) | Föhren |
| --- | --- |

(2)

Föhren

| (3) | Hahn |
| --- | --- |

(3)

Hahn

| (4) | Koblenz-Winningen |
| --- | --- |

(4)

Koblenz-Winningen

| (5) | Mainz-Finthen |
| --- | --- |

(5)

Mainz-Finthen

| (6) | Pirmasens-Pottschütthöhe |
| --- | --- |

(6)

Pirmasens-Pottschütthöhe

| (7) | Ramstein (US Air Base) |
| --- | --- |

(7)

Ramstein (US Air Base)

| (8) | Speyer |
| --- | --- |

(8)

Speyer

| (9) | Spangdahlem (US Air Base) |
| --- | --- |

(9)

Spangdahlem (US Air Base)

| (10) | Zweibrücken |
| --- | --- |

(10)

Zweibrücken

IN THE FEDERAL STATE OF SAARLAND

| (1) | Saarbrücken-Ensheim |
| --- | --- |

(1)

Saarbrücken-Ensheim

| (2) | Saarlouis/Düren |
| --- | --- |

(2)

Saarlouis/Düren

IN THE FEDERAL STATE OF SAXONY

| (1) | Dresden |
| --- | --- |

(1)

Dresden

| (2) | Leipzig-Halle |
| --- | --- |

(2)

Leipzig-Halle

| (3) | Rothenburg/Oberlausitz |
| --- | --- |

(3)

Rothenburg/Oberlausitz

IN THE FEDERAL STATE OF SAXONY-ANHALT

| (1) | Cochstedt |
| --- | --- |

(1)

Cochstedt

| (2) | Magdeburg |
| --- | --- |

(2)

Magdeburg

IN THE FEDERAL STATE OF SCHLESWIG-HOLSTEIN

| (1) | Helgoland-Düne |
| --- | --- |

(1)

Helgoland-Düne

| (2) | Hohn |
| --- | --- |

(2)

Hohn

| (3) | Kiel-Holtenau |
| --- | --- |

(3)

Kiel-Holtenau

| (4) | Lübeck-Blankensee |
| --- | --- |

(4)

Lübeck-Blankensee

| (5) | Schleswig/Jagel |
| --- | --- |

(5)

Schleswig/Jagel

| (6) | Westerland/Sylt |
| --- | --- |

(6)

Westerland/Sylt

IN THE FEDERAL STATE OF THURINGIA

| (1) | Altenburg-Nobitz |
| --- | --- |

(1)

Altenburg-Nobitz

| (2) | Erfurt-Weimar |
| --- | --- |

(2)

Erfurt-Weimar

List of previous publications

| | OJ C 247, 13.10. 2006, p. 25. |
| --- | --- |

OJ C 247, 13.10. 2006, p. 25.

| | OJ C 77, 5.4. 2007, p. 11. |
| --- | --- |

OJ C 77, 5.4. 2007, p. 11.

| | OJ C 153, 6.7. 2007, p. 22. |
| --- | --- |

OJ C 153, 6.7. 2007, p. 22.

| | OJ C 164, 18.7. 2008, p. 45. |
| --- | --- |

OJ C 164, 18.7. 2008, p. 45.

| | OJ C 316, 28.12.2007, p. 1. |
| --- | --- |

OJ C 316, 28.12.2007, p. 1.

| | OJ C 134, 31.5.2008, p. 16. |
| --- | --- |

OJ C 134, 31.5.2008, p. 16.

| | OJ C 177, 12.7.2008, p. 9. |
| --- | --- |

OJ C 177, 12.7.2008, p. 9.

| | OJ C 200, 6.8.2008, p. 10. |
| --- | --- |

OJ C 200, 6.8.2008, p. 10.

| | OJ C 331, 31.12.2008, p. 13. |
| --- | --- |

OJ C 331, 31.12.2008, p. 13.

| | OJ C 3, 8.1.2009, p. 10. |
| --- | --- |

OJ C 3, 8.1.2009, p. 10.

| | OJ C 37, 14.2.2009, p. 10. |
| --- | --- |

OJ C 37, 14.2.2009, p. 10.

| | OJ C 64, 19.3.2009, p. 20. |
| --- | --- |

OJ C 64, 19.3.2009, p. 20.

| | OJ C 99, 30.4.2009, p. 7. |
| --- | --- |

OJ C 99, 30.4.2009, p. 7.

| | OJ C 229, 23.9.2009, p. 28. |
| --- | --- |

OJ C 229, 23.9.2009, p. 28.

| | OJ C 263, 5.11.2009, p. 22. |
| --- | --- |

OJ C 263, 5.11.2009, p. 22.

| | OJ C 298, 8.12.2009, p. 17. |
| --- | --- |

OJ C 298, 8.12.2009, p. 17.

| | OJ C 74, 24.3.2010, p. 13. |
| --- | --- |

OJ C 74, 24.3.2010, p. 13.

| | OJ C 326, 3.12.2010, p. 17. |
| --- | --- |

OJ C 326, 3.12.2010, p. 17.

| | OJ C 355, 29.12.2010, p. 34. |
| --- | --- |

OJ C 355, 29.12.2010, p. 34.

| | OJ C 22, 22.1.2011, p. 22. |
| --- | --- |

OJ C 22, 22.1.2011, p. 22.

| | OJ C 37, 5.2.2011, p. 12. |
| --- | --- |

OJ C 37, 5.2.2011, p. 12.

| | OJ C 149, 20.5.2011, p. 8. |
| --- | --- |

OJ C 149, 20.5.2011, p. 8.

| | OJ C 190, 30.6.2011, p. 17. |
| --- | --- |

OJ C 190, 30.6.2011, p. 17.

| | OJ C 203, 9.7.2011, p. 14. |
| --- | --- |

OJ C 203, 9.7.2011, p. 14.

| | OJ C 210, 16.7.2011, p. 30. |
| --- | --- |

OJ C 210, 16.7.2011, p. 30.

| | OJ C 271, 14.9.2011, p. 18. |
| --- | --- |

OJ C 271, 14.9.2011, p. 18.

| | OJ C 356, 6.12.2011, p. 12. |
| --- | --- |

OJ C 356, 6.12.2011, p. 12.

| | OJ C 111, 18.4.2012, p. 3. |
| --- | --- |

OJ C 111, 18.4.2012, p. 3.

| | OJ C 183, 23.6.2012, p. 7. |
| --- | --- |

OJ C 183, 23.6.2012, p. 7.

| | OJ C 313, 17.10.2012, p. 11. |
| --- | --- |

OJ C 313, 17.10.2012, p. 11.

| | OJ C 394, 20.12.2012, p. 22. |
| --- | --- |

OJ C 394, 20.12.2012, p. 22.

| | OJ C 51, 22.2.2013, p. 9. |
| --- | --- |

OJ C 51, 22.2.2013, p. 9.

| | OJ C 167, 13.6.2013, p. 9. |
| --- | --- |

OJ C 167, 13.6.2013, p. 9.

| | OJ C 242, 23.8.2013, p. 2. |
| --- | --- |

OJ C 242, 23.8.2013, p. 2.

| | OJ C 275, 24.9.2013, p. 7. |
| --- | --- |

OJ C 275, 24.9.2013, p. 7.

| | OJ C 314, 29.10.2013, p. 5. |
| --- | --- |

OJ C 314, 29.10.2013, p. 5.

| | OJ C 324, 9.11.2013, p. 6. |
| --- | --- |

OJ C 324, 9.11.2013, p. 6.

| | OJ C 57, 28.2.2014, p. 4. |
| --- | --- |

OJ C 57, 28.2.2014, p. 4.

| | OJ C 167, 4.6.2014, p. 9. |
| --- | --- |

OJ C 167, 4.6.2014, p. 9.

| | OJ C 244, 26.7.2014, p. 22. |
| --- | --- |

OJ C 244, 26.7.2014, p. 22.

| | OJ C 332, 24.9.2014, p. 12. |
| --- | --- |

OJ C 332, 24.9.2014, p. 12.

| | OJ C 420, 22.11.2014, p. 9. |
| --- | --- |

OJ C 420, 22.11.2014, p. 9.

| | OJ C 72, 28.2.2015, p. 17. |
| --- | --- |

OJ C 72, 28.2.2015, p. 17.

| | OJ C 126, 18.4.2015, p. 10. |
| --- | --- |

OJ C 126, 18.4.2015, p. 10.

| | OJ C 229, 14.7.2015, p. 5. |
| --- | --- |

OJ C 229, 14.7.2015, p. 5.

| | OJ C 341, 16.10.2015, p. 19. |
| --- | --- |

OJ C 341, 16.10.2015, p. 19.

| | OJ C 84, 4.3.2016, p. 2. |
| --- | --- |

OJ C 84, 4.3.2016, p. 2.

| | OJ C 236, 30.6.2016, p. 6. |
| --- | --- |

OJ C 236, 30.6.2016, p. 6.

| | OJ C 278, 30.7.2016, p. 47. |
| --- | --- |

OJ C 278, 30.7.2016, p. 47.

| | OJ C 331, 9.9.2016, p. 2. |
| --- | --- |

OJ C 331, 9.9.2016, p. 2.

| | OJ C 401, 29.10.2016, p. 4. |
| --- | --- |

OJ C 401, 29.10.2016, p. 4.

| | OJ C 484, 24.12.2016, p. 30. |
| --- | --- |

OJ C 484, 24.12.2016, p. 30.

| | OJ C 32, 1.2.2017, p. 4. |
| --- | --- |

OJ C 32, 1.2.2017, p. 4.

| | OJ C 74, 10.3.2017, p. 9. |
| --- | --- |

OJ C 74, 10.3.2017, p. 9.

| | OJ C 120, 13.4.2017, p. 17. |
| --- | --- |

OJ C 120, 13.4.2017, p. 17.

| | OJ C 152, 16.5.2017, p. 5. |
| --- | --- |

OJ C 152, 16.5.2017, p. 5.

| | OJ C 411, 2.12.2017, p. 10. |
| --- | --- |

OJ C 411, 2.12.2017, p. 10.

| | OJ C 31, 27.1.2018, p. 12. |
| --- | --- |

OJ C 31, 27.1.2018, p. 12.

| | OJ C 261, 25.7.2018, p. 6. |
| --- | --- |

OJ C 261, 25.7.2018, p. 6.

| | OJ C 264, 26.7.2018, p. 8. |
| --- | --- |

OJ C 264, 26.7.2018, p. 8.

| | OJ C 368, 11.10.2018, p. 4. |
| --- | --- |

OJ C 368, 11.10.2018, p. 4.

| | OJ C 459, 20.12.2018, p. 40. |
| --- | --- |

OJ C 459, 20.12.2018, p. 40.

| | OJ C 43, 4.2.2019, p. 2. |
| --- | --- |

OJ C 43, 4.2.2019, p. 2.

| | OJ C 64, 27.2.2020, p. 17. |
| --- | --- |

OJ C 64, 27.2.2020, p. 17.

| | OJ C 231, 14.7. 2020, p. 2. |
| --- | --- |

OJ C 231, 14.7. 2020, p. 2.

| | OJ C 58, 18.2.2021, p. 35. |
| --- | --- |

OJ C 58, 18.2.2021, p. 35.

| | OJ C 81, 10.3. 2021, p. 27. |
| --- | --- |

OJ C 81, 10.3. 2021, p. 27.

| | OJ C 184, 12.5. 2021, p. 8. |
| --- | --- |

OJ C 184, 12.5. 2021, p. 8.

| | OJ C 219, 9.6. 2021, p. 9. |
| --- | --- |

OJ C 219, 9.6. 2021, p. 9.

| | OJ C 279, 13.7. 2021, p. 4. |
| --- | --- |

OJ C 279, 13.7. 2021, p. 4.

| | OJ C 290, 20.7. 2021, p. 10. |
| --- | --- |

OJ C 290, 20.7. 2021, p. 10.

| | OJ C 380, 20.9. 2021, p. 3. |
| --- | --- |

OJ C 380, 20.9. 2021, p. 3.

---

(1)  See the list of previous publications at the end of this update.

(2)  OJ L 77, 23.3.2016, p. 1.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 1.12.2021 | EN | Official Journal of the European Union | C 483/29 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/29

---

Notice of reopening the anti-dumping investigation concerning imports of certain woven and/or stitched glass fibre fabrics originating in Egypt

(2021/C 483/14)

The European Commission has received a request pursuant to Article 12 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (’the basic Regulation’) (1). That request is to investigate whether the anti-dumping measures imposed by Commission Implementing Regulation (EU) 2020/492 (2) on imports of certain woven and/or stitched glass fibre fabrics originating in Egypt (’the country concerned’), have had an effect on export prices, resale prices or subsequent selling prices in the Union. Such investigations are referred to as ‘absorption reinvestigations’.

1.   Request for an absorption reinvestigation

The request was lodged on 18 October 2021 by TECH-FAB Europe e.V., an association of EU producers of glass fibre fabrics (‘GFF’) (‘the applicants’), representing more than 25 % of the total Union production of GFF.

2.   Product under investigation

The product under investigation is fabrics of woven and/or stitched continuous filament glass fibre rovings and/or yarns with or without other elements, excluding products which are impregnated or pre-impregnated (pre-preg) and excluding open mesh fabric with cells with a size of more than 1,8 mm in both length and width and weighing more than 35 g/m2 , originating in Egypt currently falling under CN codes ex 7019 39 00, ex 7019 40 00, ex 7019 59 00 and ex 7019 90 00 (TARIC codes 7019390081, 7019390082, 7019400081, 7019400082, 7019590081, 7019590082, 7019900081 and 7019900082) (‘the product under investigation’).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (3).

4.   Grounds for an absorption reinvestigation

The applicants have submitted sufficient evidence showing that after the original investigation period, Egyptian export prices have decreased. The decrease in Egyptian export prices has seemingly impeded the intended remedial effects of the measures in force. The evidence contained in the request indicates that the decrease in export prices cannot be explained by a decrease of the price of the major raw material and other costs or a change in the product mix.

The applicants also provided evidence indicating that there has been insufficient movement in the resale prices on the Union market.

5.   Procedure

Having determined, after informing the Member States, that the request has been lodged by or on behalf of the Union industry, and that there is sufficient evidence of absorption, the Commission hereby reopens the investigation pursuant to Article 12 of the basic Regulation.

The reinvestigation will determine whether after the original investigation period and prior to or following the imposition of measures, export prices have decreased or that there has been no movement, or insufficient movement, in the resale prices or subsequent selling prices of the imported product in the Union.

If the conclusions are affirmative, then, in order to remove the injury previously established, export prices should be reassessed according to Article 2 of the basic Regulation and dumping margins shall be recalculated to take account of the reassessed export prices. Alleged changes in normal value will only be taken into account where complete information on revised normal values, duly substantiated by evidence, is made available to the Commission within the time limits set out in this Notice of Initiation. Pursuant to Article 12(3) of the basic Regulation, the amount of the anti-dumping duty imposed following this investigation shall not exceed twice the amount of the duty imposed initially.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak a Notice (4) was published on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

5.1.   
  Reinvestigating producers
   (5)

  in the country concerned

Procedure for selecting producers to be reinvestigated in the country concerned-Sampling

In view of the potentially large number of producers in the country concerned involved in this reinvestigation and in order to complete it within the statutory time limits, the Commission may limit the producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ’sampling’). Sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this reinvestigation, are hereby requested to provide the Commission with information on their company(ies) within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R753_SAMPLING_FORM_FOR_EXPORTING_PRODUCER

In order to obtain the information it deems necessary for the selection of the sample of producers in the country concerned, the Commission will also contact the authorities of the country concerned and may contact any known associations of producers in the country concerned.

If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or exports to the Union which can reasonably be investigated within the time frame available. All known producers in the country concerned, the authorities of the country concerned and associations of producers in the country concerned will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

The Commission will also add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

The sampled producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for producers in the country concerned is available to all parties in the file for inspection by interested parties and on DG Trade’s Internet: (6).

Parties which intend to request a revision of the normal value and were selected to be in the sample will have to provide, within the same deadline, complete information on revised normal values, pursuant to Article 12(5) of the basic Regulation.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (’non-sampled cooperating producers’).

5.2.   
  Investigating unrelated importers
   (7) (8)

Unrelated importers of the product under investigation from the country concerned to the Union, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this reinvestigation and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ’sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present reinvestigation, are hereby requested to make themselves known to the Commission. These parties must do so within 7 days of the date of publication of this Notice by providing the Commission with the information on their company(ies) requested in Annex to this Notice.

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation from the country concerned in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

The Commission will also add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the sample selection, unless otherwise specified. A copy of the questionnaire for unrelated importers is available in the file for inspection by interested parties and on DG Trade’s Internet: (9).

5.3.   
  Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

5.4.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

5.5.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’ (10). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ’For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests via TRON.tdi (11) (https://tron.trade.ec.europa.eu/tron/TDI ) including scanned powers of attorney and certification sheets. By using TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions via TRON.tdi and by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate G |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi: https://tron.trade.ec.europa.eu/tron/TDI

Email address: TRADE-R753-GFF@ec.europa.eu

6.   Schedule of the investigation

The investigation shall normally be concluded within 6 months and in any event no later than 9 months from the date of the publication of this Notice, pursuant to Article 12(4) of the basic Regulation.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in section 5 of this Notice.

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8.   Possibility to comment on other parties’ submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties’ submissions and may not raise new issues.

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 5 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments filed by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.

9.   Extension to time limits specified in this Notice

Extensions to time-limits provided for in this Notice may be granted upon request of interested parties showing due cause.

Extensions to the deadline to reply to questionnaires and to other time-limits as specified in this Notice or otherwise provided in specific communications with interested parties will be limited to a maximum of 3 additional days. Such an extension may be prolonged up to a maximum of 7 days where the requesting party can demonstrates the existence of exceptional circumstances.

10.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

11.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services to ensure that the interested parties’ rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. The Hearing Officer will examine the reasons for requests for intervention, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s Internet: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

12.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (12).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s Internet: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/

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(1)  OJ L 176, 30.6.2016, p. 21.

(2)  Commission Implementing Regulation 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt, (OJ L 108, 6.4.2020, p. 1).

(3)  OJ L 189, 15.6.2020, p. 1.

(4)  On the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).

(5)  A producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(6)  https://trade.ec.europa.eu/tdi/case_details.cfm?id=2560

(7)  Only importers not related to producers in the country concerned can be sampled. Importers that are related to producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ’’person’’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

(8)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.

(9)  https://trade.ec.europa.eu/tdi/case_details.cfm?id=2560

(10)  A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(11)  Please follow the instructions on that page to get access. In case of technical problems please contact the Trade Service Desk by Email: trade-service-desk@ec.europa.eu or by Tel. +32 22979797.

(12)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L295, 21.11.2018, p. 39).

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ANNEX

| ☐ | ‘Sensitive’ version |
| --- | --- |
| ☐ | Version ‘For inspection by interested parties’ |
| (tick the appropriate box) |

☐

‘Sensitive’ version

☐

Version ‘For inspection by interested parties’

(tick the appropriate box)

ABSORPTION INVESTIGATION OF THE ANTI-DUMPING MEASURES CONCERNING IMPORTS OF CERTAIN WOVEN AND/OR STITCHED GLASS FIBRE FABRICS (GFF) ORIGINATING IN EGYPT

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in section 5.2 of the Notice of Initiation.

Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

The requested information should be sent back to the Commission at the address specified in the Notice of initiation within 7 days from the date of publication of this Notice in the Official Journal of the European Union.

1.   IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

| Company name | |
| --- | --- |
| Address | |
| Contact person | |
| Email address | |
| Telephone | |
| Fax | |

Company name

Address

Contact person

Email address

Telephone

Fax

2.   TURNOVER AND SALES VOLUME

Indicate the turnover in the accounting currency of the company during the original investigation period (‘IP’) (1 January 2018 to 31 December 2018) as well as during the absorption investigation period (‘AIP’) (1 October 2020 to 30 September 2021) for sales (export sales to the Union for each of the 27 Member States separately and in total, domestic sales and export sales to countries other than Member States of the Union separately and in total) of continuous filament glass fibre fabrics as defined in the notice of initiation and the corresponding weight. State the unit of weight and the currency used.

| | Original Investigation Period (1 January 2018 to 31 December 2018) | Absorption Investigation Period |
| --- | --- | --- |
| | Tonnes | Value in euro (EUR) | Tonnes | Value in euro (EUR) |
| Total turnover of your company in euro (EUR) | | | | |
| Imports of the product under investigation into the Union | | | | |
| Resales on the Union market after importation from Egypt of the product under investigation | | | | |

Original Investigation Period (1 January 2018 to 31 December 2018)

Absorption Investigation Period

Tonnes

Value in euro (EUR)

Tonnes

Value in euro (EUR)

Total turnover of your company in euro (EUR)

Imports of the product under investigation into the Union

Resales on the Union market after importation from Egypt of the product under investigation

3.   ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under investigation. Such activities could include but are not limited to purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.

| Company name and location | Activities | Relationship |
| --- | --- | --- |
| | | |
| | | |
| | | |

Company name and location

Activities

Relationship

4.   OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5.   CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

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(1)  In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half-blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ’’person’’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 1.12.2021 | EN | Official Journal of the European Union | C 483/37 |
| --- | --- | --- | --- |

1.12.2021

EN

Official Journal of the European Union

C 483/37

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Prior notification of a concentration

(Case M.10549 – ARDIAN FRANCE / RG SAFETY)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 483/15)

1.

This notification concerns the following undertakings:

| — | Ardian Expansion Fund V S.L.P., controlled by Ardian France S.A. (‘Ardian France’, France), |
| --- | --- |

—

Ardian Expansion Fund V S.L.P., controlled by Ardian France S.A. (‘Ardian France’, France),

| — | SAS Financière RG Safety (‘RG Safety’, France). |
| --- | --- |

—

SAS Financière RG Safety (‘RG Safety’, France).

Ardian France acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of RG Safety.

The concentration is accomplished by way of purchase of shares.

2.

| — | Ardian France is a private equity firm that manages and advises investment funds with shareholdings in various companies around the world, particularly in Italy and France in the airport infrastructure, conveyor system design and maintenance and aeronautical maintenance sectors; |
| --- | --- |

—

Ardian France is a private equity firm that manages and advises investment funds with shareholdings in various companies around the world, particularly in Italy and France in the airport infrastructure, conveyor system design and maintenance and aeronautical maintenance sectors;

| — | RG Safety is an international group specialising in the distribution of personal protective equipment, safety products and hygiene products for professionals, both under manufacturer brands and under its own brand – it operates in a range of sectors and is present in France, Italy, Spain, Belgium, Slovakia, Germany, Tunisia and Switzerland. |
| --- | --- |

—

RG Safety is an international group specialising in the distribution of personal protective equipment, safety products and hygiene products for professionals, both under manufacturer brands and under its own brand – it operates in a range of sectors and is present in France, Italy, Spain, Belgium, Slovakia, Germany, Tunisia and Switzerland.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10549 – ARDIAN FRANCE / RG SAFETY

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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