# Official Journal C 223/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 223 |
| | |
| English edition | Information and Notices | Volume 623 July 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 223

English edition

Information and Notices

Volume 623 July 2019

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| Contents | page |
| --- | --- |
| | II   Information |
| | INTERINSTITUTIONAL AGREEMENTS |
| | Council |
| 2019/C 223/01 | Non-Binding Criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union — 18 June 2019 | 1 |

Contents

page

II   Information

INTERINSTITUTIONAL AGREEMENTS

Council

2019/C 223/01

Non-Binding Criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union — 18 June 2019

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 223/02 | Euro exchange rates | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 223/02

Euro exchange rates

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2019/C 223/03 | Prior notification of a concentration (Case M.9430 — Apollo Management/Vivat) — Candidate case for simplified procedure (
  1
  ) | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2019/C 223/03

Prior notification of a concentration (Case M.9430 — Apollo Management/Vivat) — Candidate case for simplified procedure (
  1
  )

1

6

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
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EN

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II Information

INTERINSTITUTIONAL AGREEMENTS

Council

| 3.7.2019 | EN | Official Journal of the European Union | C 223/1 |
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3.7.2019

EN

Official Journal of the European Union

C 223/1

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Non-Binding Criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union — 18 June 2019

(2019/C 223/01)

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION,

Whereas:

| (1) | The European Parliament, the Council and the Commission (‘the three Institutions’) concluded on 13 April 2016 the Interinstitutional Agreement on Better Law-Making (1) (‘the Agreement’). |
| --- | --- |

(1)

The European Parliament, the Council and the Commission (‘the three Institutions’) concluded on 13 April 2016 the Interinstitutional Agreement on Better Law-Making (1) (‘the Agreement’).

| (2) | The three Institutions underlined in paragraph 26 of the Agreement the important role played by implementing and delegated acts in Union law, and that, used in an efficient, transparent manner and in justified cases, they are an integral tool for Better Law-Making, contributing to simple, up-to-date legislation and its efficient, swift implementation. |
| --- | --- |

(2)

The three Institutions underlined in paragraph 26 of the Agreement the important role played by implementing and delegated acts in Union law, and that, used in an efficient, transparent manner and in justified cases, they are an integral tool for Better Law-Making, contributing to simple, up-to-date legislation and its efficient, swift implementation.

| (3) | The three Institutions envisaged in paragraph 28 of the Agreement to supplement the Common Understanding on Delegated Acts annexed to the Agreement by providing for non-binding criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). |
| --- | --- |

(3)

The three Institutions envisaged in paragraph 28 of the Agreement to supplement the Common Understanding on Delegated Acts annexed to the Agreement by providing for non-binding criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).

| (4) | The implementation of those criteria may be the subject of annual discussions at both political and technical level as part of the general monitoring of the implementation of the Agreement in accordance with paragraph 50 thereof. |
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(4)

The implementation of those criteria may be the subject of annual discussions at both political and technical level as part of the general monitoring of the implementation of the Agreement in accordance with paragraph 50 thereof.

| (5) | While Article 291(2) TFEU provides that, where uniform conditions for implementing legally binding Union acts are needed, those acts are to confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council, the purpose of the non-binding criteria is to delineate between delegated acts and implementing acts, and not between the institutions on which implementing powers are conferred. These non-binding criteria are not designed to define or restrict in any respect the conditions under which an institution exercises the powers conferred on it in accordance with relevant Union law, including the basic act. |
| --- | --- |

(5)

While Article 291(2) TFEU provides that, where uniform conditions for implementing legally binding Union acts are needed, those acts are to confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council, the purpose of the non-binding criteria is to delineate between delegated acts and implementing acts, and not between the institutions on which implementing powers are conferred. These non-binding criteria are not designed to define or restrict in any respect the conditions under which an institution exercises the powers conferred on it in accordance with relevant Union law, including the basic act.

| (6) | The Court of Justice of the European Union has already on several occasions addressed specific issues relevant for the application of Articles 290 and 291 TFEU (2). That case-law might further develop in the future. Where appropriate, the non-binding criteria may need to be reviewed in the light of the developments of the case-law, |
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(6)

The Court of Justice of the European Union has already on several occasions addressed specific issues relevant for the application of Articles 290 and 291 TFEU (2). That case-law might further develop in the future. Where appropriate, the non-binding criteria may need to be reviewed in the light of the developments of the case-law,

HAVE AGREED AS FOLLOWS:

I.   GENERAL PRINCIPLES

| 1. | These non-binding criteria provide guidance to the three Institutions as to whether in legislative acts an empowerment should be of a delegated or an implementing nature, and should thus be given pursuant to Article 290 TFEU for the adoption of a delegated act or Article 291 TFEU for the adoption of an implementing act. |
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1.

| 2. | In each case the nature of the envisaged act must be determined taking into account the objectives, content and context of the envisaged act as well as those of the legislative act itself. |
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2.

| 3. | It is the competence of the legislator to decide whether and to what extent to use delegated or implementing acts, within the limits of the TFEU. In that regard, it is for the legislator to determine whether to empower the Commission to adopt delegated acts as well as to assess whether there will be a need for powers to ensure uniform conditions for implementing the legislative act. |
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3.

| 4. | If the legislator considers that a provision should be an integral part of the basic act, it may decide to include that provision in an annex. The legislator is never obliged to provide for annexes in legislative acts and can decide to provide for separate acts instead, but the three Institutions recall that the structure of a legislative act should be guided by the common commitments and objectives set out in the Agreement to have simple, clear and consistent legislation, which is accessible, comprehensible to citizens, administrations and businesses, practical to implement and made irrespective of the issue of empowerment. This, in no way, restricts the powers of the legislator. |
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4.

| 5. | The essential elements of legislation must be determined in the basic act. Therefore, the power to adopt rules entailing political choices falling within the responsibilities of the Union legislature, for example in that it requires the conflicting interests at issue to be weighed up on the basis of a number of assessments, may not be conferred on the Commission (3). When it exercises delegated or implementing powers, the Commission must fully respect the essential elements of the enabling act (4). |
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5.

| 6. | A legislative act may confer the power to adopt delegated acts only on the Commission. |
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6.

| 7. | The criteria should not be considered as exhaustive. |
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7.

II.   CRITERIA

A.   ACTS OF GENERAL OR INDIVIDUAL APPLICATION

| 1. | Delegated acts may only be of general application. Measures of individual application may not be adopted by delegated acts. |
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1.

| 2. | Implementing acts may be of individual or general application. |
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2.

| 3. | An act is regarded as being of general application if it applies to objectively determined situations and entails legal effects for categories of persons envisaged generally and in the abstract (5). |
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3.

B.   AMENDMENTS OF LEGISLATIVE ACTS INCLUDING THEIR ANNEXES

| 1. | If the legislator confers the power to amend a legislative act on the Commission, that power can only be exercised by delegated acts (6), including where that power to amend relates to the annexes, as they are an integral part of legislative acts. |
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1.

| 2. | The delegation of a power to ‘amend’ a legislative act aims to authorise the Commission to modify or repeal non-essential elements laid down by the legislator in that act (7). Amendments may include insertions and additions in relation to certain non-essential elements of the legislative act, or deletions or replacements of non-essential elements. |
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2.

C.   ADDITIONAL RULES SUPPLEMENTING THE BASIC ACT

Measures that consist in the adoption of additional rules building upon or developing the content while coming within the regulatory framework as defined by the basic act should be laid down in delegated acts. This would be the case for measures affecting in substance the rules laid down in the basic act and allowing the Commission to ‘flesh out’ the basic act, provided that they do not touch on its essential elements.

D.   ADDITIONAL RULES IMPLEMENTING THE BASIC ACT

By contrast, additional rules implementing or giving effect to the rules already established in the basic act by specifying in further detail the content of that act, without affecting the substance of the legislative framework, should be laid down in implementing acts. This would be the case where a sufficiently precise legal framework has been laid down by the legislator, for example where the main conditions and criteria are laid down by the legislator.

E.   ACTS ESTABLISHING A PROCEDURE, A METHOD OR A METHODOLOGY

| 1. | Measures establishing a procedure (that is to say a way of performing or accomplishing something in order to achieve a certain result defined in the basic act) can be laid down either in a delegated act or in an implementing act (or can even be an essential element of the basic act), depending on their nature, objectives, content and context.
  For instance, measures establishing elements of a procedure which build upon or develop the content of the basic act and which come within the regulatory framework as defined by the basic act should be laid down in delegated acts.
  By contrast, measures ensuring the uniform implementation of a rule laid down in the basic act by establishing a procedure should be laid down in implementing acts. |
| --- | --- |

1.

For instance, measures establishing elements of a procedure which build upon or develop the content of the basic act and which come within the regulatory framework as defined by the basic act should be laid down in delegated acts.

By contrast, measures ensuring the uniform implementation of a rule laid down in the basic act by establishing a procedure should be laid down in implementing acts.

| 2. | Similarly, an empowerment to determine a method (that is to say a way of doing something in particular in a regular and systematic way) or methodology (that is to say rules to determine a method) may provide for delegated or implementing acts depending on its nature, objectives, content and context. |
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2.

F.   ACTS RELATING TO AN OBLIGATION TO PROVIDE INFORMATION

Measures relating to an obligation to provide information can be laid down either in a delegated act or in an implementing act (or can even be an essential element of the basic act), depending on their nature, objectives, content and context.

For instance, measures that determine additional rules building upon the content of an obligation to provide information should be laid down in delegated acts. This will generally be the case of additional non-essential elements affecting in substance an obligation to provide information.

By contrast, measures which are aimed at ensuring that an obligation to provide information is fulfilled in a uniform manner, such as format and technical means, should be laid down in implementing acts. For instance, where the basic act determines in a sufficiently precise manner the substance of the obligation to provide information, measures that specify in further detail the information to be provided in order to ensure comparability of data or effective enforcement of obligations should be laid down in implementing acts.

G.   ACTS RELATING TO AUTHORISATIONS

Measures relating to authorisations, for example of products or substances, can be laid down either in a delegated act or in an implementing act (or can even be an essential element of the basic act), depending on their nature, objectives, content and context.

Authorisations of individual application may only be adopted by implementing acts. Authorisations of general application for which the Commission decision is based on criteria defined in the basic act in a sufficiently precise manner should be adopted by implementing acts.

Authorisations of general application that supplement the basic act, in that they are not limited to the application of the criteria laid down in the basic act but at the same time build upon the content of the basic act (within the limits of the empowerment conferred), should be adopted by delegated acts.

III.   MONITORING OF THE APPLICATION AND REVIEW OF THESE CRITERIA

| 1. | The three Institutions will jointly and regularly monitor the application of these criteria. |
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1.

| 2. | The three Institutions will review the criteria in accordance with their respective internal arrangements, where applicable through their bodies having specific competence in this area, if necessary and appropriate in the light of developments in the case-law of the Court of Justice of the European Union. |
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2.

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(1)  Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

(2)  inter alia: Judgment of the Court of Justice of 18 March 2014, Commission v Parliament and Council (known as ‘the Biocides case’), C-427/12, ECLI:EU:C:2014:170; Judgment of the Court of Justice of 17 March 2016, Parliament v Commission (known as ‘the Connecting Europe Facility/CEF case’), C-286/14, ECLI:EU:C:2016:183; Judgment of the Court of Justice of 16 July 2015, Commission v Parliament and Council (known as ‘the Visa Reciprocity Mechanism case’), C-88/14, ECLI:EU:C:2015:499.

(3)  Judgment of the Court of Justice of 5 September 2012, Parliament v Council, C-355/10, ECLI:EU:C:2012:516, paragraphs 64, 65 and 76; Judgment of the Court of 26 July 2017, Czech Republic v Commission, C-696/15 P, ECLI:EU:C:2017:595, paragraph 78; Judgment of the Court of Justice of 11 May 2017, Dyson v Commission, C-44/16 P, ECLI:EU:C:2017:357, paragraphs 61 and 62.

(4)  Judgment of the Court of Justice of 11 May 2017, Dyson v Commission, C-44/16 P, ECLI:EU:C:2017:357, paragraph 65.

(5)  Judgment of the General Court of 14 June 2012, Stichting Natuur en Milieu and Pesticide Action Network Europe v Commission, T-338/08, ECLI:EU:T:2012:300, paragraph 30; Judgment of the General Court of 7 March 2013, Bilbaína de Alquitranes and others v ECHA, T-93/10, ECLI:EU:T:2013:106, paragraphs 32 and 56.

(6)  Judgment of the Court of Justice of 15 October 2014, Parliament v Commission, C-65/13, ECLI:EU:C:2014:2289, paragraph 45; Judgment of the Court of Justice of 16 July 2015, Commission v Parliament and Council, C-88/14, ECLI:EU:C:2015:499, paragraph 31.

(7)  Judgment of the Court of Justice of 17 March 2016, Parliament v Commission, C-286/14, ECLI:EU:C:2016:183, paragraph 42.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.7.2019 | EN | Official Journal of the European Union | C 223/5 |
| --- | --- | --- | --- |

3.7.2019

EN

Official Journal of the European Union

C 223/5

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Euro exchange rates (1)

2 July 2019

(2019/C 223/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1301 |
| JPY | Japanese yen | 122,36 |
| DKK | Danish krone | 7,4639 |
| GBP | Pound sterling | 0,89443 |
| SEK | Swedish krona | 10,5565 |
| CHF | Swiss franc | 1,1169 |
| ISK | Iceland króna | 141,70 |
| NOK | Norwegian krone | 9,6715 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,462 |
| HUF | Hungarian forint | 322,91 |
| PLN | Polish zloty | 4,2429 |
| RON | Romanian leu | 4,7331 |
| TRY | Turkish lira | 6,3891 |
| AUD | Australian dollar | 1,6155 |
| CAD | Canadian dollar | 1,4819 |
| HKD | Hong Kong dollar | 8,8194 |
| NZD | New Zealand dollar | 1,6956 |
| SGD | Singapore dollar | 1,5317 |
| KRW | South Korean won | 1 318,30 |
| ZAR | South African rand | 15,9594 |
| CNY | Chinese yuan renminbi | 7,7706 |
| HRK | Croatian kuna | 7,3965 |
| IDR | Indonesian rupiah | 15 976,79 |
| MYR | Malaysian ringgit | 4,6769 |
| PHP | Philippine peso | 57,781 |
| RUB | Russian rouble | 71,4958 |
| THB | Thai baht | 34,643 |
| BRL | Brazilian real | 4,3381 |
| MXN | Mexican peso | 21,5491 |
| INR | Indian rupee | 77,9280 |

Currency

Exchange rate

USD

US dollar

1,1301

JPY

Japanese yen

122,36

DKK

Danish krone

7,4639

GBP

Pound sterling

0,89443

SEK

Swedish krona

10,5565

CHF

Swiss franc

1,1169

ISK

Iceland króna

141,70

NOK

Norwegian krone

9,6715

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,462

HUF

Hungarian forint

322,91

PLN

Polish zloty

4,2429

RON

Romanian leu

4,7331

TRY

Turkish lira

6,3891

AUD

Australian dollar

1,6155

CAD

Canadian dollar

1,4819

HKD

Hong Kong dollar

8,8194

NZD

New Zealand dollar

1,6956

SGD

Singapore dollar

1,5317

KRW

South Korean won

1 318,30

ZAR

South African rand

15,9594

CNY

Chinese yuan renminbi

7,7706

HRK

Croatian kuna

7,3965

IDR

Indonesian rupiah

15 976,79

MYR

Malaysian ringgit

4,6769

PHP

Philippine peso

57,781

RUB

Russian rouble

71,4958

THB

Thai baht

34,643

BRL

Brazilian real

4,3381

MXN

Mexican peso

21,5491

INR

Indian rupee

77,9280

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 3.7.2019 | EN | Official Journal of the European Union | C 223/6 |
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3.7.2019

EN

Official Journal of the European Union

C 223/6

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Prior notification of a concentration

(Case M.9430 — Apollo Management/Vivat)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 223/03)

1.

This notification concerns the following undertakings:

| — | Apollo Management L.P. (‘Apollo’, USA), |
| --- | --- |

—

Apollo Management L.P. (‘Apollo’, USA),

| — | VIVAT NV (‘Vivat’, the Netherlands). |
| --- | --- |

—

VIVAT NV (‘Vivat’, the Netherlands).

Apollo acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Vivat.

The concentration is accomplished by way of purchase of shares.

2.

—   Apollo: Private investments worldwide,

—   Vivat: Life and non-life insurance products and asset management services in the Netherlands.

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.9430 — Apollo Management/Vivat

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 |

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

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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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