# Official Journal C 359/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 359 |
| | |
| English edition | Information and Notices | Volume 615 October 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 359

English edition

Information and Notices

Volume 615 October 2018

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 359/01 | Non-opposition to a notified concentration (Case M.8889 — Teva/PGT OTC Assets) (
  1
  ) | 1 |
| 2018/C 359/02 | Non-opposition to a notified concentration (Case M.9090 — PSPIB/BCI/Island Timberlands) (
  1
  ) | 1 |
| 2018/C 359/03 | Non-opposition to a notified concentration (Case M.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV)) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 359/01

Non-opposition to a notified concentration (Case M.8889 — Teva/PGT OTC Assets) (
  1
  )

1

1

2018/C 359/02

Non-opposition to a notified concentration (Case M.9090 — PSPIB/BCI/Island Timberlands) (
  1
  )

1

1

2018/C 359/03

Non-opposition to a notified concentration (Case M.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV)) (
  1
  )

1

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2018/C 359/04 | The EU list of non-cooperative jurisdictions for tax purposes — Report by the Code of Conduct Group (Business taxation) suggesting amendments to the Annexes of the Council conclusions of 5 December 2017, including the de-listing of one jurisdiction | 3 |
| | European Commission |
| 2018/C 359/05 | Euro exchange rates | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2018/C 359/04

The EU list of non-cooperative jurisdictions for tax purposes — Report by the Code of Conduct Group (Business taxation) suggesting amendments to the Annexes of the Council conclusions of 5 December 2017, including the de-listing of one jurisdiction

3

European Commission

2018/C 359/05

Euro exchange rates

6

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 359/06 | Prior notification of a concentration (Case M.9099 — Jin Jiang/Radisson) (
  1
  ) | 7 |
| | OTHER ACTS |
| | European Commission |
| 2018/C 359/07 | Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a contracting entity — end of suspension of deadline | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 359/06

Prior notification of a concentration (Case M.9099 — Jin Jiang/Radisson) (
  1
  )

1

7

OTHER ACTS

European Commission

2018/C 359/07

Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a contracting entity — end of suspension of deadline

9

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

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(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

| 5.10.2018 | EN | Official Journal of the European Union | C 359/1 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/1

---

Non-opposition to a notified concentration

(Case M.8889 — Teva/PGT OTC Assets)

(Text with EEA relevance)

(2018/C 359/01)

On 29 June 2018, 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 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 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 32018M8889. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8889. EUR-Lex is the online access to European law.

---

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

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| 5.10.2018 | EN | Official Journal of the European Union | C 359/1 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/1

---

Non-opposition to a notified concentration

(Case M.9090 — PSPIB/BCI/Island Timberlands)

(Text with EEA relevance)

(2018/C 359/02)

On 18 September 2018, 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 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 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 32018M9090. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M9090. EUR-Lex is the online access to European law.

---

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

---

| 5.10.2018 | EN | Official Journal of the European Union | C 359/2 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/2

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Non-opposition to a notified concentration

(Case M.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV))

(Text with EEA relevance)

(2018/C 359/03)

On 21 September 2018, 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 German language 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 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 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 32018M8236. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8236. EUR-Lex is the online access to the European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 5.10.2018 | EN | Official Journal of the European Union | C 359/3 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/3

---

The EU list of non-cooperative jurisdictions for tax purposes — Report by the Code of Conduct Group (Business taxation) suggesting amendments to the Annexes of the Council conclusions of 5 December 2017, including the de-listing of one jurisdiction

(2018/C 359/04)

With effect from the day of publication in the Official Journal of the European Union, Annexes I and II of the the Council conclusions of 5 December 2017 on the EU list of non-cooperative jurisdictions for tax purposes (1), as amended in January (2) and March (3) 2018, are replaced by the following new Annexes I and II:

ANNEX I

The EU list of non-cooperative jurisdictions for tax purposes

1.   American Samoa

American Samoa does not apply any automatic exchange of financial information, has not signed and ratified, including through the jurisdiction they are dependent on, the OECD Multilateral Convention on Mutual Administrative Assistance as amended, does not apply the BEPS minimum standards and did not commit to addressing these issues by 31 December 2018.

2.   Guam

Guam does not apply any automatic exchange of financial information, has not signed and ratified, including through the jurisdiction they are dependent on, the OECD Multilateral Convention on Mutual Administrative Assistance as amended, does not apply the BEPS minimum standards and did not commit to addressing these issues by 31 December 2018.

3.   Namibia

Namibia is not a Member of the Global Forum on Transparency and Exchange of Information for Tax Purposes, has not signed and ratified the OECD Multilateral Convention on Mutual Administrative Assistance as amended, does not apply the BEPS minimum standards and did not commit to addressing these issues by 31 December 2019. Furthermore, Namibia has harmful preferential tax regimes and did not commit to amending or abolishing them by 31 December 2018.

4.   Samoa

Samoa has a harmful preferential tax regime and did not commit to addressing this issue by 31 December 2018.

Samoa’s commitment to comply with criterion 3.1 will be monitored.

5.   Trinidad and Tobago

Trinidad and Tobago has not signed and ratified the OECD Multilateral Convention on Mutual Administrative Assistance in Tax Matters as amended, has a harmful preferential tax regime and did not commit to addressing these issues by 31 December 2018.

Trinidad and Tobago’s commitment to comply with criteria 1.1 and 1.2 will be monitored.

6.   US Virgin Islands

US Virgin Islands does not apply any automatic exchange of financial information, has not signed and ratified, including through the jurisdiction they are dependent on, the OECD Multilateral Convention on Mutual Administrative Assistance as amended, has harmful preferential tax regimes and did not clearly commit to amending or abolishing it, does not apply the BEPS minimum standards and did not commit to addressing these issues by 31 December 2018.

ANNEX II

State of play of the cooperation with the EU with respect to commitments taken to implement tax good governance principles

1.   Transparency

1.1.   Commitment to implement the automatic exchange of information, either by signing the Multilateral Competent Authority Agreement or through bilateral agreements

The following jurisdictions are committed to implement automatic exchange of information by 2018:

Antigua and Barbuda, Curaçao, Dominica, Grenada, Macao SAR, Marshall Islands, New Caledonia, Oman, Palau, Qatar and Taiwan

The following jurisdictions are committed to implement automatic exchange of information by 2019:

Turkey

1.2.   Membership of the Global Forum on transparency and exchange of information for tax purposes and satisfactory rating

The following jurisdictions are committed to become member of the Global Forum and/or have a satisfactory rating by 2018:

Anguilla, Curaçao, Marshall Islands, New Caledonia, Oman and Palau

The following jurisdictions are committed to become member of the Global Forum and/or have a sufficient rating by 2019:

Fiji, Jordan, Turkey and Vietnam

1.3.   Signatory and ratification of the OECD Multilateral Convention on Mutual Administrative Assistance or network of agreements covering all EU Member States

The following jurisdictions are committed to sign and ratify the MAC or to have in place a network of agreements covering all EU Member States by 2018:

Antigua and Barbuda, Dominica, New Caledonia, Oman, Palau, Qatar and Taiwan

The following jurisdictions are committed to sign and ratify the MAC or to have in place a network of agreements covering all EU Member States by 2019:

Armenia, Bosnia and Herzegovina, Botswana, Cabo Verde, Eswatini, Fiji, former Yugoslav Republic of Macedonia, Jamaica, Jordan, Maldives, Mongolia, Montenegro, Morocco, Serbia, Thailand and Vietnam

2.   Fair Taxation

2.1.   Existence of harmful tax regimes

The following jurisdictions are committed to amend or abolish the identified regimes by 2018:

Andorra, Antigua and Barbuda, Aruba, Barbados, Belize, Botswana, Cabo Verde, Cook Islands, Curacao, Dominica, Fiji, Grenada, Hong Kong SAR, Jordan, Korea (Republic of), Labuan Island, Macao SAR, Malaysia, Maldives, Mauritius, Morocco, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Seychelles, Switzerland, Taiwan, Thailand, Tunisia, Turkey and Uruguay

2.2.   Existence of tax regimes that facilitate offshore structures which attract profits without real economic activity

The following jurisdictions are committed to addressing the concerns relating to economic substance by 2018:

Anguilla, Bahamas, Bahrain, Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Isle of Man, Jersey, Marshall Islands, Turks and Caicos Islands, United Arab Emirates and Vanuatu

3.   Anti-BEPS Measures

3.1.   Membership of the Inclusive Framework on BEPS or implementation of BEPS minimum standards

The following jurisdictions are committed to become member of the Inclusive Framework or implement BEPS minimum standard by 2018:

Aruba, Antigua and Barbuda, Cook Islands, Dominica, Faroe Islands, Greenland, Grenada, Marshall Islands, New Caledonia, Palau, Saint Vincent and the Grenadines, Taiwan and Vanuatu

The following jurisdictions are committed to become member of the Inclusive Framework or implement BEPS minimum standard by 2019:

Albania, Armenia, Bosnia and Herzegovina, Cabo Verde, Eswatini, Fiji, Jordan, Montenegro and Morocco

The following jurisdictions are committed to become member of the Inclusive Framework or implement BEPS minimum standard if and when such commitment will become relevant:

Nauru, Niue

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(1)  OJ C 438, 19.12.2017, p. 5.

1

(2)  OJ C 29, 26.1.2018, p. 2.

2

(3)  OJ C 100, 16.3.2018, p. 4.

3

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European Commission

| 5.10.2018 | EN | Official Journal of the European Union | C 359/6 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/6

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Euro exchange rates (1)

4 October 2018

(2018/C 359/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1502 |
| JPY | Japanese yen | 131,31 |
| DKK | Danish krone | 7,4567 |
| GBP | Pound sterling | 0,88580 |
| SEK | Swedish krona | 10,4015 |
| CHF | Swiss franc | 1,1409 |
| ISK | Iceland króna | 130,90 |
| NOK | Norwegian krone | 9,4643 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,780 |
| HUF | Hungarian forint | 324,43 |
| PLN | Polish zloty | 4,3071 |
| RON | Romanian leu | 4,6723 |
| TRY | Turkish lira | 7,0525 |
| AUD | Australian dollar | 1,6234 |
| CAD | Canadian dollar | 1,4800 |
| HKD | Hong Kong dollar | 9,0114 |
| NZD | New Zealand dollar | 1,7706 |
| SGD | Singapore dollar | 1,5870 |
| KRW | South Korean won | 1 298,27 |
| ZAR | South African rand | 16,8813 |
| CNY | Chinese yuan renminbi | 7,9006 |
| HRK | Croatian kuna | 7,4240 |
| IDR | Indonesian rupiah | 17 448,53 |
| MYR | Malaysian ringgit | 4,7699 |
| PHP | Philippine peso | 62,482 |
| RUB | Russian rouble | 76,6491 |
| THB | Thai baht | 37,537 |
| BRL | Brazilian real | 4,5116 |
| MXN | Mexican peso | 21,9097 |
| INR | Indian rupee | 84,6280 |

Currency

Exchange rate

USD

US dollar

1,1502

JPY

Japanese yen

131,31

DKK

Danish krone

7,4567

GBP

Pound sterling

0,88580

SEK

Swedish krona

10,4015

CHF

Swiss franc

1,1409

ISK

Iceland króna

130,90

NOK

Norwegian krone

9,4643

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,780

HUF

Hungarian forint

324,43

PLN

Polish zloty

4,3071

RON

Romanian leu

4,6723

TRY

Turkish lira

7,0525

AUD

Australian dollar

1,6234

CAD

Canadian dollar

1,4800

HKD

Hong Kong dollar

9,0114

NZD

New Zealand dollar

1,7706

SGD

Singapore dollar

1,5870

KRW

South Korean won

1 298,27

ZAR

South African rand

16,8813

CNY

Chinese yuan renminbi

7,9006

HRK

Croatian kuna

7,4240

IDR

Indonesian rupiah

17 448,53

MYR

Malaysian ringgit

4,7699

PHP

Philippine peso

62,482

RUB

Russian rouble

76,6491

THB

Thai baht

37,537

BRL

Brazilian real

4,5116

MXN

Mexican peso

21,9097

INR

Indian rupee

84,6280

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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

| 5.10.2018 | EN | Official Journal of the European Union | C 359/7 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/7

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Prior notification of a concentration

(Case M.9099 — Jin Jiang/Radisson)

(Text with EEA relevance)

(2018/C 359/06)

1.

This notification concerns the following undertakings:

| — | Jin Jiang International Holdings Co., Ltd (‘Jin Jiang’, China), a State-owned company, |
| --- | --- |

—

Jin Jiang International Holdings Co., Ltd (‘Jin Jiang’, China), a State-owned company,

| — | Radisson Holdings, Inc. (United States of America) and Radisson Hospitality AB (Sweden) (together ‘Radisson’). |
| --- | --- |

—

Radisson Holdings, Inc. (United States of America) and Radisson Hospitality AB (Sweden) (together ‘Radisson’).

Jin Jiang acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Radisson.

The concentration is accomplished by way of purchase of shares.

2.

—   for Jin Jiang: a hospitality and travel group that develops and manages hotels in China and the rest of the world. Jin Jiang operates a wide range of hotels, under the brands J.Hotel, Jin Jiang, Metropolo, Jin Jiang Inn, the series of brands under Groupe du Louvre, the series of brands under Plateno Group and the series of brands under Vienna Hotel,

—   for Radisson: an operator of a range of hotel brands with a focus on the luxury, upper upscale, upscale and upper midscale segments. In the EEA, these brands include Radisson Collection, Radisson Blu, Radisson, Radisson Red, Park Plaza, Park Inn by Radisson.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

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.9099 — Jin Jiang/Radisson

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

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OTHER ACTS

European Commission

| 5.10.2018 | EN | Official Journal of the European Union | C 359/9 |
| --- | --- | --- | --- |

5.10.2018

EN

Official Journal of the European Union

C 359/9

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Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU

Request made by a contracting entity — end of suspension of deadline

(2018/C 359/07)

On 1 March 2018 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1). The first working day following receipt of the request is 2 March 2018.

This request is made by Finavia Oyj and concerns activities relating to the provision of businesses premises for commercial actors providing commercial services (duty free, retail, food and beverages and other passenger services) for flight passengers at Helsinki airport’s terminals in Finland. The relevant notice was published on page 21 of OJ C 114 on 28 March 2018. The initial deadline was 3 October 2018.

Pursuant to Annex IV, point 2, of Directive 2014/25/EU, the Commission may require the Member State or the contracting entity concerned or the competent independent national authority or any other competent national authority to provide all necessary information or to supplement or clarify information given within an appropriate time limit. On 23 April 2018 the Commission asked the Finnish Authorities to provide additional information by 7 May 2018 at the latest. The reply of the Finnish authorities was received on 18 May 2018.

In the event of late or incomplete answers, the initial deadline shall be suspended for 6 working days (the period between the expiry of the time limit set in the request for information, and the receipt of the complete and correct information).

On 29 June 2018 the Commission asked the Applicant to provide additional information by 3 July 2018 at the latest. The Applicant asked for additional time in order to provide the reply, which was received on 31 August 2018. The deadlines available to the Commission to adopt a decision was prolonged by additional 42 working days (the period between the expiry of the time limit set in the request for information, and the receipt of the complete and correct information).

The final deadline therefore expires on 12 December 2018.

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(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

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