# Official Journal C 16/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 16 |
| | |
| English edition | Information and Notices | Volume 6018 January 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 16

English edition

Information and Notices

Volume 6018 January 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 16/01 | Non-opposition to a notified concentration (Case M.8275 — Sompo/Endurance) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 16/01

Non-opposition to a notified concentration (Case M.8275 — Sompo/Endurance) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 16/02 | Euro exchange rates | 2 |
| 2017/C 16/03 | Commission Decision of 13 January 2017 to replace a member of the REFIT Platform Stakeholder group | 3 |
| | NOTICES FROM MEMBER STATES |
| 2017/C 16/04 | Update of the list of residence permits referred to in Article 2(16) 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) | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 16/02

Euro exchange rates

2

2017/C 16/03

Commission Decision of 13 January 2017 to replace a member of the REFIT Platform Stakeholder group

3

NOTICES FROM MEMBER STATES

2017/C 16/04

Update of the list of residence permits referred to in Article 2(16) 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)

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 16/05 | Prior notification of a concentration (Case M.8344 — Sumitomo Corporation/Fyffes plc) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2017/C 16/06 | Prior notification of a concentration (Case M.8332 — Koch Industries/Golden Gate/Infor) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2017/C 16/07 | Prior notification of a concentration (Case M.8292 — Sumitomo Rubber Industries/Micheldever Group) — Candidate case for simplified procedure (
  1
  ) | 9 |
| | OTHER ACTS |
| | European Commission |
| 2017/C 16/08 | Notice to undertakings intending to place hydrofluorocarbons in bulk on the market in the European Union in 2018 | 10 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 16/05

Prior notification of a concentration (Case M.8344 — Sumitomo Corporation/Fyffes plc) — Candidate case for simplified procedure (
  1
  )

1

7

2017/C 16/06

Prior notification of a concentration (Case M.8332 — Koch Industries/Golden Gate/Infor) — Candidate case for simplified procedure (
  1
  )

1

8

2017/C 16/07

Prior notification of a concentration (Case M.8292 — Sumitomo Rubber Industries/Micheldever Group) — Candidate case for simplified procedure (
  1
  )

1

9

OTHER ACTS

European Commission

2017/C 16/08

Notice to undertakings intending to place hydrofluorocarbons in bulk on the market in the European Union in 2018

10

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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

| 18.1.2017 | EN | Official Journal of the European Union | C 16/1 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/1

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Non-opposition to a notified concentration

(Case M.8275 — Sompo/Endurance)

(Text with EEA relevance)

(2017/C 16/01)

On 12 January 2017, 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 32017M8275. 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 32017M8275. EUR-Lex is the online access to European law.

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(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

| 18.1.2017 | EN | Official Journal of the European Union | C 16/2 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/2

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Euro exchange rates (1)

17 January 2017

(2017/C 16/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0684 |
| JPY | Japanese yen | 121,10 |
| DKK | Danish krone | 7,4364 |
| GBP | Pound sterling | 0,86790 |
| SEK | Swedish krona | 9,5033 |
| CHF | Swiss franc | 1,0712 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0360 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 307,79 |
| PLN | Polish zloty | 4,3693 |
| RON | Romanian leu | 4,5010 |
| TRY | Turkish lira | 4,0560 |
| AUD | Australian dollar | 1,4162 |
| CAD | Canadian dollar | 1,3953 |
| HKD | Hong Kong dollar | 8,2860 |
| NZD | New Zealand dollar | 1,4877 |
| SGD | Singapore dollar | 1,5168 |
| KRW | South Korean won | 1 248,81 |
| ZAR | South African rand | 14,3969 |
| CNY | Chinese yuan renminbi | 7,3235 |
| HRK | Croatian kuna | 7,5325 |
| IDR | Indonesian rupiah | 14 240,74 |
| MYR | Malaysian ringgit | 4,7677 |
| PHP | Philippine peso | 53,234 |
| RUB | Russian rouble | 63,2426 |
| THB | Thai baht | 37,731 |
| BRL | Brazilian real | 3,4305 |
| MXN | Mexican peso | 23,0550 |
| INR | Indian rupee | 72,6335 |

Currency

Exchange rate

USD

US dollar

1,0684

JPY

Japanese yen

121,10

DKK

Danish krone

7,4364

GBP

Pound sterling

0,86790

SEK

Swedish krona

9,5033

CHF

Swiss franc

1,0712

ISK

Iceland króna

NOK

Norwegian krone

9,0360

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

307,79

PLN

Polish zloty

4,3693

RON

Romanian leu

4,5010

TRY

Turkish lira

4,0560

AUD

Australian dollar

1,4162

CAD

Canadian dollar

1,3953

HKD

Hong Kong dollar

8,2860

NZD

New Zealand dollar

1,4877

SGD

Singapore dollar

1,5168

KRW

South Korean won

1 248,81

ZAR

South African rand

14,3969

CNY

Chinese yuan renminbi

7,3235

HRK

Croatian kuna

7,5325

IDR

Indonesian rupiah

14 240,74

MYR

Malaysian ringgit

4,7677

PHP

Philippine peso

53,234

RUB

Russian rouble

63,2426

THB

Thai baht

37,731

BRL

Brazilian real

3,4305

MXN

Mexican peso

23,0550

INR

Indian rupee

72,6335

---

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

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| 18.1.2017 | EN | Official Journal of the European Union | C 16/3 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/3

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COMMISSION DECISION

of 13 January 2017

to replace a member of the REFIT Platform Stakeholder group

(2017/C 16/03)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Commission Decision C(2015) 3261 final of 19 May 2015 establishing the REFIT Platform, and in particular Article 4 thereof,

Whereas:

| (1) | Commission Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders. |
| --- | --- |

(1)

Commission Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders.

| (2) | The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the Stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that Members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, Members who resign may be replaced for the reminder of their term of office. |
| --- | --- |

(2)

The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the Stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that Members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, Members who resign may be replaced for the reminder of their term of office.

| (3) | Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become Member of the Stakeholder group, |
| --- | --- |

(3)

Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become Member of the Stakeholder group,

| (4) | Following the resignation of Mr Juraj Krivošik as Member of the Stakeholder group as of 26 September 2016, the First Vice-President of the Commission has nominated Ms Sara Pereira to replace Mr Krivošik for the rest of his term of office. |
| --- | --- |

(4)

Following the resignation of Mr Juraj Krivošik as Member of the Stakeholder group as of 26 September 2016, the First Vice-President of the Commission has nominated Ms Sara Pereira to replace Mr Krivošik for the rest of his term of office.

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Sara Pereira is appointed Member of the Stakeholder group of the REFIT Platform until 31 October 2019 (see Annex to this Decision).

Done at Brussels, 13 January 2017.

For the Commission

Frans TIMMERMANS

First Vice-President

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(1)  OJ C 425, 18.12.2015, p. 8.

1

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ANNEX

| Name | Nationality | Representing a common interest shared by stakeholders in a particular policy area | Current employer |
| --- | --- | --- | --- |
| Ms Sara Pereira | PT | YES | Competitiveness and Technology Centre for Forest Industries (AIFF) |

Name

Nationality

Representing a common interest shared by stakeholders in a particular policy area

Current employer

Ms Sara Pereira

PT

YES

Competitiveness and Technology Centre for Forest Industries (AIFF)

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NOTICES FROM MEMBER STATES

| 18.1.2017 | EN | Official Journal of the European Union | C 16/5 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/5

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Update of the list of residence permits referred to in Article 2(16) 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)

(2017/C 16/04)

The publication of the list of residence permits referred to in Article 2(16) 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 communicated by the Member States to the Commission in conformity with Article 39 of the Schengen Borders Code.

In addition to publication in the OJ, a monthly update is available on the website of the Directorate-General for Home Affairs.

SWEDEN

Replacement of the list published in OJ C 77 of 15.3.2014

LIST OF RESIDENCE PERMITS ISSUED BY MEMBER STATES

Residence permits issued according to the uniform format

| — | Permanent uppehållstillstånd
  (Permanent residence permit in the form of a ID1 card since the 20th of May of 2011 without showing any limited time of validity) |
| --- | --- |

—

Permanent uppehållstillstånd

(Permanent residence permit in the form of a ID1 card since the 20th of May of 2011 without showing any limited time of validity)

| — | Uppehållstillstånd
  (Temporary residence permit in the form of a ID1 card since the 20th of May of 2011 showing a limited time of validity)
  The type of permit appears in the note field on the card (PUT for permanent residence and work permit, temporary stay, AT for work permit, EU Blue Card etc.) The EU Blue Card is a combined residence and work permit for third country nationals who are or have been offered a qualified employment in an EU state. This means that both a residence and a work permit is granted but is called the EU Blue Card. |
| --- | --- |

—

Uppehållstillstånd

(Temporary residence permit in the form of a ID1 card since the 20th of May of 2011 showing a limited time of validity)

The type of permit appears in the note field on the card (PUT for permanent residence and work permit, temporary stay, AT for work permit, EU Blue Card etc.) The EU Blue Card is a combined residence and work permit for third country nationals who are or have been offered a qualified employment in an EU state. This means that both a residence and a work permit is granted but is called the EU Blue Card.

| — | Uppehållskort
  (Permanent residence card for family member of a Union citizen) |
| --- | --- |

—

Uppehållskort

(Permanent residence card for family member of a Union citizen)

| — | Uppehållskort
  (Residence card for family member of a Union citizen) |
| --- | --- |

—

Uppehållskort

(Residence card for family member of a Union citizen)

| — | Regeringskansliet/Utrikesdepartementet
  (Residence permit in the form of a ID1 card issued by the Government Offices/Ministry for Foreign Affairs for foreign diplomats, members of the technical/administrative staff, service staff and their family members and for private servants who are connected with embassies or consular posts in Sweden) and for staff members of international organisations in Sweden. |
| --- | --- |

—

Regeringskansliet/Utrikesdepartementet

(Residence permit in the form of a ID1 card issued by the Government Offices/Ministry for Foreign Affairs for foreign diplomats, members of the technical/administrative staff, service staff and their family members and for private servants who are connected with embassies or consular posts in Sweden) and for staff members of international organisations in Sweden.

List of previous publications

| | OJ C 247, 13.10.2006, p. 1. |
| --- | --- |

OJ C 247, 13.10.2006, p. 1.

| | OJ C 153, 6.7.2007, p. 5. |
| --- | --- |

OJ C 153, 6.7.2007, p. 5.

| | OJ C 192, 18.8.2007, p. 11. |
| --- | --- |

OJ C 192, 18.8.2007, p. 11.

| | OJ C 271, 14.11.2007, p. 14. |
| --- | --- |

OJ C 271, 14.11.2007, p. 14.

| | OJ C 57, 1.3.2008, p. 31. |
| --- | --- |

OJ C 57, 1.3.2008, p. 31.

| | OJ C 134, 31.5.2008, p. 14. |
| --- | --- |

OJ C 134, 31.5.2008, p. 14.

| | OJ C 207, 14.8.2008, p. 12. |
| --- | --- |

OJ C 207, 14.8.2008, p. 12.

| | OJ C 331, 21.12.2008, p. 13. |
| --- | --- |

OJ C 331, 21.12.2008, p. 13.

| | OJ C 3, 8.1.2009, p. 5. |
| --- | --- |

OJ C 3, 8.1.2009, p. 5.

| | OJ C 64, 19.3.2009, p. 15. |
| --- | --- |

OJ C 64, 19.3.2009, p. 15.

| | OJ C 198, 22.8.2009, p. 9. |
| --- | --- |

OJ C 198, 22.8.2009, p. 9.

| | OJ C 239, 6.10.2009, p. 2. |
| --- | --- |

OJ C 239, 6.10.2009, p. 2.

| | OJ C 298, 8.12.2009, p. 15. |
| --- | --- |

OJ C 298, 8.12.2009, p. 15.

| | OJ C 308, 18.12.2009, p. 20. |
| --- | --- |

OJ C 308, 18.12.2009, p. 20.

| | OJ C 35, 12.2.2010, p. 5. |
| --- | --- |

OJ C 35, 12.2.2010, p. 5.

| | OJ C 82, 30.3.2010, p. 26. |
| --- | --- |

OJ C 82, 30.3.2010, p. 26.

| | OJ C 103, 22.4.2010, p. 8. |
| --- | --- |

OJ C 103, 22.4.2010, p. 8.

| | OJ C 108, 7.4.2011, p. 6. |
| --- | --- |

OJ C 108, 7.4.2011, p. 6.

| | OJ C 157, 27.5.2011, p. 5. |
| --- | --- |

OJ C 157, 27.5.2011, p. 5.

| | OJ C 201, 8.7.2011, p. 1. |
| --- | --- |

OJ C 201, 8.7.2011, p. 1.

| | OJ C 216, 22.7.2011, p. 26. |
| --- | --- |

OJ C 216, 22.7.2011, p. 26.

| | OJ C 283, 27.9.2011, p. 7. |
| --- | --- |

OJ C 283, 27.9.2011, p. 7.

| | OJ C 199, 7.7.2012, p. 5. |
| --- | --- |

OJ C 199, 7.7.2012, p. 5.

| | OJ C 214, 20.7.2012, p. 7. |
| --- | --- |

OJ C 214, 20.7.2012, p. 7.

| | OJ C 298, 4.10.2012, p. 4. |
| --- | --- |

OJ C 298, 4.10.2012, p. 4.

| | OJ C 51, 22.2.2013, p. 6. |
| --- | --- |

OJ C 51, 22.2.2013, p. 6.

| | OJ C 75, 14.3.2013, p. 8. |
| --- | --- |

OJ C 75, 14.3.2013, p. 8.

| | OJ C 77, 15.3.2014, p. 4. |
| --- | --- |

OJ C 77, 15.3.2014, p. 4.

| | OJ C 118, 17.4.2014, p. 9. |
| --- | --- |

OJ C 118, 17.4.2014, p. 9.

| | OJ C 200, 28.6.2014, p. 59. |
| --- | --- |

OJ C 200, 28.6.2014, p. 59.

| | OJ C 304, 9.9.2014, p. 3. |
| --- | --- |

OJ C 304, 9.9.2014, p. 3.

| | OJ C 390, 5.11.2014, p. 12. |
| --- | --- |

OJ C 390, 5.11.2014, p. 12.

| | OJ C 210, 26.6.2015, p. 5. |
| --- | --- |

OJ C 210, 26.6.2015, p. 5.

| | OJ C 286, 29.8.2015, p. 3. |
| --- | --- |

OJ C 286, 29.8.2015, p. 3.

| | OJ C 151, 28.4.2016, p. 4. |
| --- | --- |

OJ C 151, 28.4.2016, p. 4.

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

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 18.1.2017 | EN | Official Journal of the European Union | C 16/7 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/7

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Prior notification of a concentration

(Case M.8344 — Sumitomo Corporation/Fyffes plc)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 16/05)

| 1. | On 10 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sumitomo Corporation (‘Sumitomo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fyffes plc (‘Fyffes’, Ireland) by way of purchase of shares. |
| --- | --- |

1.

On 10 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sumitomo Corporation (‘Sumitomo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fyffes plc (‘Fyffes’, Ireland) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Sumitomo: trading of metal products, transportation and construction of systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources and energy. Sumitomo is also active in the distribution of fresh fruits, through its subsidiary Sumifru,
  —   for Fyffes: procurement, import and wholesale of fresh fruits and mushrooms. Fyffes also provides ripening services to third parties. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Sumitomo: trading of metal products, transportation and construction of systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources and energy. Sumitomo is also active in the distribution of fresh fruits, through its subsidiary Sumifru,

—   for Fyffes: procurement, import and wholesale of fresh fruits and mushrooms. Fyffes also provides ripening services to third parties.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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 this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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 this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 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 M.8344 — Sumitomo Corporation/Fyffes plc, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 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 M.8344 — Sumitomo Corporation/Fyffes plc, to the following address:

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’).

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

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| 18.1.2017 | EN | Official Journal of the European Union | C 16/8 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/8

---

Prior notification of a concentration

(Case M.8332 — Koch Industries/Golden Gate/Infor)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 16/06)

| 1. | On 11 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Koch Industries, Inc (‘Koch Industries’, USA) and Golden Gate Private Equity, Inc (‘Golden Gate’, USA) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Infor, Inc (‘Infor’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 11 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Koch Industries, Inc (‘Koch Industries’, USA) and Golden Gate Private Equity, Inc (‘Golden Gate’, USA) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Infor, Inc (‘Infor’, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | Koch Industries is a privately held U.S. corporation which owns a diverse group of companies involved in refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy ranching, and investments. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Koch Industries is a privately held U.S. corporation which owns a diverse group of companies involved in refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy ranching, and investments.

| — | Golden Gate is a San Francisco-based private equity investment firm with approximately USD 15 billion of capital under management. Founded in 2000, Golden Gate is dedicated to partnering with management teams to invest in change-intensive growth businesses. The principals of Golden Gate have a long and successful history of investing with management teams across a wide range of industries and transaction types, including leveraged buyouts, recapitalisations, corporate divestitures and spin-offs and buildups. |
| --- | --- |

—

Golden Gate is a San Francisco-based private equity investment firm with approximately USD 15 billion of capital under management. Founded in 2000, Golden Gate is dedicated to partnering with management teams to invest in change-intensive growth businesses. The principals of Golden Gate have a long and successful history of investing with management teams across a wide range of industries and transaction types, including leveraged buyouts, recapitalisations, corporate divestitures and spin-offs and buildups.

| — | Infor is an international provider of enterprise resource planning software and related services globally. |
| --- | --- |

—

Infor is an international provider of enterprise resource planning software and related services globally.

| 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. 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 this Notice. |
| --- | --- |

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. 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 this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 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 number M.8332 — Koch Industries/Golden Gate/Infor, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 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 number M.8332 — Koch Industries/Golden Gate/Infor, to the following address:

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’).

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

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| 18.1.2017 | EN | Official Journal of the European Union | C 16/9 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/9

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Prior notification of a concentration

(Case M.8292 — Sumitomo Rubber Industries/Micheldever Group)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 16/07)

| 1. | On 5 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sumitomo Rubber Industries Limited (‘Sumitomo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Micheldever Group Ltd (‘Micheldever’, UK) by way of purchase of shares. |
| --- | --- |

1.

On 5 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sumitomo Rubber Industries Limited (‘Sumitomo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Micheldever Group Ltd (‘Micheldever’, UK) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Sumitomo: the manufacture and production of tyres and the sale of tyres to OEMs and to wholesale outlets. Sumitomo also manufactures certain sports and industrial goods,
  —   for Micheldever: the wholesale and retail sale of tyres. Micheldever also offers automotive repair and services at the retail level. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Sumitomo: the manufacture and production of tyres and the sale of tyres to OEMs and to wholesale outlets. Sumitomo also manufactures certain sports and industrial goods,

—   for Micheldever: the wholesale and retail sale of tyres. Micheldever also offers automotive repair and services at the retail level.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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 this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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 this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 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 M.8292 — Sumitomo Rubber Industries/Micheldever Group, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 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 M.8292 — Sumitomo Rubber Industries/Micheldever Group, to the following address:

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’).

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

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OTHER ACTS

European Commission

| 18.1.2017 | EN | Official Journal of the European Union | C 16/10 |
| --- | --- | --- | --- |

18.1.2017

EN

Official Journal of the European Union

C 16/10

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Notice to undertakings intending to place hydrofluorocarbons in bulk on the market in the European Union in 2018

(2017/C 16/08)

| 1. | This Notice is addressed to any undertaking wishing to make a declaration to place hydrofluorocarbons in bulk on the market in the Union in 2018, in accordance with Articles 16(2) and 16(4) of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (hereafter ‘the Regulation’) (1):






  (a) | producers and importers that have lawfully placed on the Union market hydrofluorocarbons in bulk from 1 January 2015 and which have reported under the Regulation to have placed more than 100 tonnes of CO2 equivalents of hydrofluorocarbons in bulk on the Union market in the years 2015 and/or 2016; |
| --- | --- | --- |

1.

This Notice is addressed to any undertaking wishing to make a declaration to place hydrofluorocarbons in bulk on the market in the Union in 2018, in accordance with Articles 16(2) and 16(4) of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (hereafter ‘the Regulation’) (1):

(a)

producers and importers that have lawfully placed on the Union market hydrofluorocarbons in bulk from 1 January 2015 and which have reported under the Regulation to have placed more than 100 tonnes of CO2 equivalents of hydrofluorocarbons in bulk on the Union market in the years 2015 and/or 2016;

| (b) | all other producers and importers that intend to place at least 100 tonnes of CO2 equivalent of hydrofluorocarbons in bulk on the Union market in 2018. |
| --- | --- |

(b)

all other producers and importers that intend to place at least 100 tonnes of CO2 equivalent of hydrofluorocarbons in bulk on the Union market in 2018.

| 2. | Hydrofluorocarbons means substances listed in section 1 of Annex I to the Regulation, or mixtures containing any of these substances:
  HFC-23, HFC-32, HFC-41, HFC-125, HFC-134, HFC-134a, HFC-143, HFC-143a, HFC-152, HFC-152a, HFC-161, HFC-227ea, HFC-236cb, HFC-236ea, HFC-236fa, HFC-245ca, HFC-245fa, HFC-365mfc, HFC-43-10mee. |
| --- | --- |

2.

Hydrofluorocarbons means substances listed in section 1 of Annex I to the Regulation, or mixtures containing any of these substances:

HFC-23, HFC-32, HFC-41, HFC-125, HFC-134, HFC-134a, HFC-143, HFC-143a, HFC-152, HFC-152a, HFC-161, HFC-227ea, HFC-236cb, HFC-236ea, HFC-236fa, HFC-245ca, HFC-245fa, HFC-365mfc, HFC-43-10mee.

| 3. | Any placing on the market of these substances, except for the uses listed in Article 15(2) points (a) to (f) of the Regulation, is subject to quantitative limits under the quota system laid down in Articles 15 and 16 of the Regulation. The Commission allocates quota to the undertakings concerned. |
| --- | --- |

3.

Any placing on the market of these substances, except for the uses listed in Article 15(2) points (a) to (f) of the Regulation, is subject to quantitative limits under the quota system laid down in Articles 15 and 16 of the Regulation. The Commission allocates quota to the undertakings concerned.

| 4. | All data submitted by companies, quotas and reference values are stored in the electronic HFC Registry set up in accordance with Article 17 of the Regulation, which is accessible online via the F-Gas Portal (2). All data in the HFC Registry including quotas, reference values, commercial and personal data will be treated as confidential by the European Commission. |
| --- | --- |

4.

All data submitted by companies, quotas and reference values are stored in the electronic HFC Registry set up in accordance with Article 17 of the Regulation, which is accessible online via the F-Gas Portal (2). All data in the HFC Registry including quotas, reference values, commercial and personal data will be treated as confidential by the European Commission.

For producers and importers that have reported to have placed hydrofluorocarbons in bulk on the market in the years 2015 and/or 2016, as referred to in point 1 a) of this Notice, only:

| 5. | For any such undertaking a reference value will be calculated by the Commission according to Article 16(3). These reference values will be determined by implementing acts by 31 October 2017. |
| --- | --- |

5.

For any such undertaking a reference value will be calculated by the Commission according to Article 16(3). These reference values will be determined by implementing acts by 31 October 2017.

| 6. | Such undertakings will receive 89 % of 63 % (i.e. 56,07 %) of their reference value, determined according to paragraph 5 above, as quota for 2018, according to Article 16(5) as well as Annexes V and VI to the Regulation. |
| --- | --- |

6.

Such undertakings will receive 89 % of 63 % (i.e. 56,07 %) of their reference value, determined according to paragraph 5 above, as quota for 2018, according to Article 16(5) as well as Annexes V and VI to the Regulation.

For all undertakings, as referred to in point 1 a) and b) of this notice:

| 7. | According to Annex VI to the Regulation, the sum of the quotas allocated on the basis of reference values according to paragraph 6 above is subtracted from the maximum quantity available for 2018 to determine the quantity to be allocated from the reserve. |
| --- | --- |

7.

According to Annex VI to the Regulation, the sum of the quotas allocated on the basis of reference values according to paragraph 6 above is subtracted from the maximum quantity available for 2018 to determine the quantity to be allocated from the reserve.

| 8. | Undertakings wishing to obtain quota from this reserve need to follow the procedure described in points 9 to 11 of this Notice. |
| --- | --- |

8.

Undertakings wishing to obtain quota from this reserve need to follow the procedure described in points 9 to 11 of this Notice.

| 9. | The undertaking needs to be registered as a producer and/or importer of hydrofluorocarbons in the online HFC Registry, accessible via the F-gas Portal (3). For companies that are not yet registered, guidance on how to register is available on the DG CLIMA website (4). |
| --- | --- |

9.

The undertaking needs to be registered as a producer and/or importer of hydrofluorocarbons in the online HFC Registry, accessible via the F-gas Portal (3). For companies that are not yet registered, guidance on how to register is available on the DG CLIMA website (4).

| 10. | The undertaking must make a declaration on (additional) anticipated quantities for 2018 in the electronic HFC Registry accessible online via the F-Gas Portal (5). Such declarations will only be possible in the period 1 April to 31 May 2017, 13.00 CET. |
| --- | --- |

10.

The undertaking must make a declaration on (additional) anticipated quantities for 2018 in the electronic HFC Registry accessible online via the F-Gas Portal (5). Such declarations will only be possible in the period 1 April to 31 May 2017, 13.00 CET.

| 11. | Only duly completed declarations on (additional) anticipated quantities that are free of errors and received before 31 May 2017, 13.00 CET will be considered as valid by the Commission. |
| --- | --- |

11.

Only duly completed declarations on (additional) anticipated quantities that are free of errors and received before 31 May 2017, 13.00 CET will be considered as valid by the Commission.

| 12. | Based on these declarations, the Commission will allocate quota to these undertakings in accordance with Article 16(2), 16(4) and 16(5) as well as Annexes V and VI to the Regulation. |
| --- | --- |

12.

Based on these declarations, the Commission will allocate quota to these undertakings in accordance with Article 16(2), 16(4) and 16(5) as well as Annexes V and VI to the Regulation.

| 13. | The Commission will inform the undertakings about the total allocated quota for 2018 via the HFC Registry. |
| --- | --- |

13.

The Commission will inform the undertakings about the total allocated quota for 2018 via the HFC Registry.

| 14. | The registration in the HFC Registry and/or a declaration on intention to place hydrofluorocarbons on the market in 2018 by itself does not give any right to place hydrofluorocarbons on the market in 2018. |
| --- | --- |

14.

The registration in the HFC Registry and/or a declaration on intention to place hydrofluorocarbons on the market in 2018 by itself does not give any right to place hydrofluorocarbons on the market in 2018.

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(1)  OJ L 150, 20.5.2014, p. 195.

(2)  https://webgate.ec.europa.eu/ods2/resources/domain

(3)  https://webgate.ec.europa.eu/ods2/resources/domain

(4)  http://ec.europa.eu/clima/policies/f-gas/reporting_en

(5)  https://webgate.ec.europa.eu/ods2/resources/domain

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