# Official Journal C 350/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 350 |
| | |
| English edition | Information and Notices | Volume 5822 October 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 350

English edition

Information and Notices

Volume 5822 October 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 350/01 | Non-opposition to a notified concentration (Case M.7774 — Antofagasta/Barrick/Zaldivar) (
  1
  ) | 1 |
| 2015/C 350/02 | Non-opposition to a notified concentration (Case M.7767 — FIS/Sungard) (
  1
  ) | 1 |
| 2015/C 350/03 | Non-opposition to a notified concentration (Case M.7734 — Lockheed Martin/Sikorsky Aircraft) (
  1
  ) | 2 |
| 2015/C 350/04 | Non-opposition to a notified concentration (Case M.7765 — Carlyle/Veritas) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 350/01

Non-opposition to a notified concentration (Case M.7774 — Antofagasta/Barrick/Zaldivar) (
  1
  )

1

1

2015/C 350/02

Non-opposition to a notified concentration (Case M.7767 — FIS/Sungard) (
  1
  )

1

1

2015/C 350/03

Non-opposition to a notified concentration (Case M.7734 — Lockheed Martin/Sikorsky Aircraft) (
  1
  )

1

2

2015/C 350/04

Non-opposition to a notified concentration (Case M.7765 — Carlyle/Veritas) (
  1
  )

1

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 350/05 | Euro exchange rates | 3 |
| | NOTICES FROM MEMBER STATES |
| 2015/C 350/06 | Information communicated by Member States regarding closure of fisheries | 4 |
| 2015/C 350/07 | Information communicated by Member States regarding closure of fisheries | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 350/05

Euro exchange rates

3

NOTICES FROM MEMBER STATES

2015/C 350/06

Information communicated by Member States regarding closure of fisheries

4

2015/C 350/07

Information communicated by Member States regarding closure of fisheries

4

---

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2015/C 350/08 | Judgment of the Court of 31 March 2015 in Case E-17/14 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by an EEA/EFTA State to fulfil its obligations — Freedom of establishment — Restrictions on pursuit of the profession of Dentist in Liechtenstein — Proportionality) | 5 |
| 2015/C 350/09 | Judgment of the Court of 31 March 2015 in Case E-20/14 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Failure to implement — Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents) | 6 |
| 2015/C 350/10 | Judgment of the Court of 31 March 2015 in Case E-21/14 — EFTA Surveillance Authority v Iceland (Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2010/30/EU on product information of energy consumption) | 7 |
| 2015/C 350/11 | Judgment of the Court of 9 April 2015 in Case E-16/14 — Pharmaq AS v Intervet International BV (Veterinary medicinal products — Supplementary protection certificate — Regulation (EEC) No 1768/92 — Concept of first authorisation to place a product on the market in the European Economic Area — Active ingredient) | 8 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 350/12 | Prior notification of a concentration (Case M.7766 — HNA Group/Aguila) (
  1
  ) | 9 |
| | OTHER ACTS |
| | European Commission |
| 2015/C 350/13 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 10 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2015/C 350/08

Judgment of the Court of 31 March 2015 in Case E-17/14 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by an EEA/EFTA State to fulfil its obligations — Freedom of establishment — Restrictions on pursuit of the profession of Dentist in Liechtenstein — Proportionality)

v

(Failure by an EEA/EFTA State to fulfil its obligations — Freedom of establishment — Restrictions on pursuit of the profession of Dentist in Liechtenstein — Proportionality)

5

2015/C 350/09

Judgment of the Court of 31 March 2015 in Case E-20/14 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Failure to implement — Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents)

v

(Failure by a Contracting Party to fulfil its obligations — Failure to implement — Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents)

6

2015/C 350/10

Judgment of the Court of 31 March 2015 in Case E-21/14 — EFTA Surveillance Authority v Iceland (Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2010/30/EU on product information of energy consumption)

(Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2010/30/EU on product information of energy consumption)

7

2015/C 350/11

Judgment of the Court of 9 April 2015 in Case E-16/14 — Pharmaq AS v Intervet International BV (Veterinary medicinal products — Supplementary protection certificate — Regulation (EEC) No 1768/92 — Concept of first authorisation to place a product on the market in the European Economic Area — Active ingredient)

(Veterinary medicinal products — Supplementary protection certificate — Regulation (EEC) No 1768/92 — Concept of first authorisation to place a product on the market in the European Economic Area — Active ingredient)

8

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 350/12

Prior notification of a concentration (Case M.7766 — HNA Group/Aguila) (
  1
  )

1

9

OTHER ACTS

European Commission

2015/C 350/13

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

10

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| | Corrigenda |
| --- | --- |
| 2015/C 350/14 | Corrigendum to Call for proposals 2016 — EAC/A04/2015 — Erasmus+ programme ( OJ C 347, 20.10.2015 ) | 14 |

Corrigenda

2015/C 350/14

Corrigendum to Call for proposals 2016 — EAC/A04/2015 — Erasmus+ programme ( OJ C 347, 20.10.2015 )

14

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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

| 22.10.2015 | EN | Official Journal of the European Union | C 350/1 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/1

---

Non-opposition to a notified concentration

(Case M.7774 — Antofagasta/Barrick/Zaldivar)

(Text with EEA relevance)

(2015/C 350/01)

On 15 October 2015, 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 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 32015M7774. 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 32015M7774. EUR-Lex is the online access to the European law.

---

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

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/1 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/1

---

Non-opposition to a notified concentration

(Case M.7767 — FIS/Sungard)

(Text with EEA relevance)

(2015/C 350/02)

On 16 October 2015, 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 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 32015M7767. 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 32015M7767. EUR-Lex is the online access to the European law.

---

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

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/2 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/2

---

Non-opposition to a notified concentration

(Case M.7734 — Lockheed Martin/Sikorsky Aircraft)

(Text with EEA relevance)

(2015/C 350/03)

On 15 October 2015, 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 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 32015M7734. 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 32015M7734. EUR-Lex is the online access to the European law.

---

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

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/2 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/2

---

Non-opposition to a notified concentration

(Case M.7765 — Carlyle/Veritas)

(Text with EEA relevance)

(2015/C 350/04)

On 12 October 2015, 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 32015M7765. 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 32015M7765. EUR-Lex is the online access to European 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

| 22.10.2015 | EN | Official Journal of the European Union | C 350/3 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/3

---

Euro exchange rates (1)

21 October 2015

(2015/C 350/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1354 |
| JPY | Japanese yen | 136,30 |
| DKK | Danish krone | 7,4596 |
| GBP | Pound sterling | 0,73490 |
| SEK | Swedish krona | 9,4219 |
| CHF | Swiss franc | 1,0864 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,2625 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,079 |
| HUF | Hungarian forint | 311,25 |
| PLN | Polish zloty | 4,2757 |
| RON | Romanian leu | 4,4315 |
| TRY | Turkish lira | 3,2989 |
| AUD | Australian dollar | 1,5707 |
| CAD | Canadian dollar | 1,4764 |
| HKD | Hong Kong dollar | 8,7995 |
| NZD | New Zealand dollar | 1,6869 |
| SGD | Singapore dollar | 1,5815 |
| KRW | South Korean won | 1 292,65 |
| ZAR | South African rand | 15,2444 |
| CNY | Chinese yuan renminbi | 7,2088 |
| HRK | Croatian kuna | 7,6165 |
| IDR | Indonesian rupiah | 15 610,11 |
| MYR | Malaysian ringgit | 4,8669 |
| PHP | Philippine peso | 52,730 |
| RUB | Russian rouble | 71,3405 |
| THB | Thai baht | 40,375 |
| BRL | Brazilian real | 4,4577 |
| MXN | Mexican peso | 18,9044 |
| INR | Indian rupee | 73,9444 |

Currency

Exchange rate

USD

US dollar

1,1354

JPY

Japanese yen

136,30

DKK

Danish krone

7,4596

GBP

Pound sterling

0,73490

SEK

Swedish krona

9,4219

CHF

Swiss franc

1,0864

ISK

Iceland króna

NOK

Norwegian krone

9,2625

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,079

HUF

Hungarian forint

311,25

PLN

Polish zloty

4,2757

RON

Romanian leu

4,4315

TRY

Turkish lira

3,2989

AUD

Australian dollar

1,5707

CAD

Canadian dollar

1,4764

HKD

Hong Kong dollar

8,7995

NZD

New Zealand dollar

1,6869

SGD

Singapore dollar

1,5815

KRW

South Korean won

1 292,65

ZAR

South African rand

15,2444

CNY

Chinese yuan renminbi

7,2088

HRK

Croatian kuna

7,6165

IDR

Indonesian rupiah

15 610,11

MYR

Malaysian ringgit

4,8669

PHP

Philippine peso

52,730

RUB

Russian rouble

71,3405

THB

Thai baht

40,375

BRL

Brazilian real

4,4577

MXN

Mexican peso

18,9044

INR

Indian rupee

73,9444

---

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

---

NOTICES FROM MEMBER STATES

| 22.10.2015 | EN | Official Journal of the European Union | C 350/4 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/4

---

Information communicated by Member States regarding closure of fisheries

(2015/C 350/06)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 19.9.2015 |
| --- | --- |
| Duration | 19.9-31.12.2015 |
| Member State | Belgium |
| Stock or Group of stocks | ANF/8ABDE. |
| Species | Anglerfish (Lophiidae) |
| Zone | VIIIa, VIIIb, VIIId and VIIIe |
| Type(s) of fishing vessels | — |
| Reference number | 49/TQ104 |

Date and time of closure

19.9.2015

Duration

19.9-31.12.2015

Member State

Belgium

Stock or Group of stocks

ANF/8ABDE.

Species

Anglerfish (Lophiidae)

Zone

VIIIa, VIIIb, VIIId and VIIIe

Type(s) of fishing vessels

—

Reference number

49/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/4 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/4

---

Information communicated by Member States regarding closure of fisheries

(2015/C 350/07)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 19.9.2015 |
| --- | --- |
| Duration | 19.9-31.12.2015 |
| Member State | Belgium |
| Stock or Group of stocks | HKE/8ABDE. |
| Species | Hake (Merluccius merluccius) |
| Zone | VIIIa, VIIIb, VIIId and VIIIe |
| Type(s) of fishing vessels | — |
| Reference number | 48/TQ104 |

Date and time of closure

19.9.2015

Duration

19.9-31.12.2015

Member State

Belgium

Stock or Group of stocks

HKE/8ABDE.

Species

Hake (Merluccius merluccius)

Zone

VIIIa, VIIIb, VIIId and VIIIe

Type(s) of fishing vessels

—

Reference number

48/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

V Announcements

COURT PROCEEDINGS

EFTA Court

| 22.10.2015 | EN | Official Journal of the European Union | C 350/5 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/5

---

JUDGMENT OF THE COURT

of 31 March 2015

in Case E-17/14

EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by an EEA/EFTA State to fulfil its obligations — Freedom of establishment — Restrictions on pursuit of the profession of ‘Dentist’ in Liechtenstein — Proportionality)

(2015/C 350/08)

In Case E-17/14, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that the Principality of Liechtenstein has failed to fulfil its obligations arising from Article 31 EEA by maintaining in force national rules, such as Article 63 of the Health Act and the transitional provision in the Act on the repeal of that Article, including the applicability of Article 63(2) of the Health Act in those respects, which require an authorised ‘Dentist’ to pursue this profession as an employee, under the direct supervision, instruction and responsibility of a fully qualified dental practitioner, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 31 March 2015, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that the Principality of Liechtenstein has failed to fulfil its obligations arising from Article 31 EEA by maintaining in force Article 63 of the Health Act, which requires that a person holding the qualification referred to in German as ‘Dentist’ has to pursue this profession as an employee, under the direct supervision, instruction and responsibility of a fully qualified dental practitioner (‘Zahnarzt’). |
| --- | --- |

1.

Declares that the Principality of Liechtenstein has failed to fulfil its obligations arising from Article 31 EEA by maintaining in force Article 63 of the Health Act, which requires that a person holding the qualification referred to in German as ‘Dentist’ has to pursue this profession as an employee, under the direct supervision, instruction and responsibility of a fully qualified dental practitioner (‘Zahnarzt’).

| 2. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/6 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/6

---

JUDGMENT OF THE COURT

of 31 March 2015

in Case E-20/14

EFTA Surveillance Authority v Iceland

(Failure by a Contracting Party to fulfil its obligations — Failure to implement — Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents)

(2015/C 350/09)

In Case E-20/14, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that Iceland has failed to fulfil its obligations under Article 7 EEA by failing to adopt the measures necessary to make, as such and within the time prescribed, part of its internal legal order the Act referred to at point 56x of Chapter V of Annex XIII to the EEA Agreement (Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents), as adapted to the EEA Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 17/2011 of 1 April 2011, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 31 March 2015, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing, within the time prescribed, to adopt the measures necessary to make part of its internal legal order the Act referred to at point 56x of Chapter V of Annex XIII to the EEA Agreement (Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents), as adapted to the EEA Agreement by way of Protocol l thereto and by Joint Committee Decision No 17/2011 of 1 April 2011. |
| --- | --- |

1.

Declares that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing, within the time prescribed, to adopt the measures necessary to make part of its internal legal order the Act referred to at point 56x of Chapter V of Annex XIII to the EEA Agreement (Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents), as adapted to the EEA Agreement by way of Protocol l thereto and by Joint Committee Decision No 17/2011 of 1 April 2011.

| 2. | Orders Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

Orders Iceland to bear the costs of these proceedings.

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/7 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/7

---

JUDGMENT OF THE COURT

of 31 March 2015

in Case E-21/14

EFTA Surveillance Authority v Iceland

(Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2010/30/EU on product information of energy consumption)

(2015/C 350/10)

In Case E-21/14, EFTA Surveillance Authority v Iceland — application for a declaration that by failing, within the time prescribed, to adopt and/or to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 4 of Chapter IV of Annex II to the Agreement on the European Economic Area (Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement on the European Economic Area, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 31 March 2015, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that Iceland has failed to fulfil its obligations under the Act referred to at point 4 of Chapter IV of Annex II to the Agreement on the European Economic Area (Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products), as adapted to the Agreement by way of Protocol 1, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed. |
| --- | --- |

1.

Declares that Iceland has failed to fulfil its obligations under the Act referred to at point 4 of Chapter IV of Annex II to the Agreement on the European Economic Area (Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products), as adapted to the Agreement by way of Protocol 1, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed.

| 2. | Orders Iceland to bear the costs of the proceedings. |
| --- | --- |

2.

Orders Iceland to bear the costs of the proceedings.

---

| 22.10.2015 | EN | Official Journal of the European Union | C 350/8 |
| --- | --- | --- | --- |

22.10.2015

EN

Official Journal of the European Union

C 350/8

---

JUDGMENT OF THE COURT

of 9 April 2015

in Case E-16/14

Pharmaq AS v Intervet International BV

(Veterinary medicinal products — Supplementary protection certificate — Regulation (EEC) No 1768/92 — Concept of ‘first authorisation to place a product on the market’ in the European Economic Area — Active ingredient)

(2015/C 350/11)

In Case E-16/14, Pharmaq AS v Intervet International BV — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice from Oslo tingrett (Oslo District Court) concerning the interpretation of Articles 2, 3 and 4 of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 9 April 2015, the operative part of which is as follows:

| 1. | Under Regulation (EEC) No 1768/92, a supplementary protection certificate for a veterinary medicinal product may be granted in an EEA State on the basis of a marketing authorisation granted in that State pursuant to the administrative authorisation procedure set out in Title III of Directive 2001/82/EC, including the procedure for authorisation in exceptional circumstances under Article 26(3) of that directive. Such a marketing authorisation constitutes a valid authorisation and, where appropriate, may also constitute the first authorisation to place the product on the market as a veterinary medicinal product within the meaning of Article 3(b) and (d) of Regulation (EEC) No 1768/92.
  Permissions granted on the basis of the first paragraph of Article 8 of Directive 2001/82/EC do not constitute a marketing authorisation within the meaning of Regulation (EEC) No 1768/92. That derogating provision strictly limits the use of the measures permitted under it, stating that it applies only in the event of serious epizootic diseases, in the absence of suitable medicinal products and after informing the EFTA Surveillance Authority of the detailed conditions of use.
  The determination of whether ‘special approval exemptions’ or ‘AR 16 licences’, granted respectively by Norwegian and Irish authorities between 2003 and 2011, and the provisional marketing authorisation granted in the United Kingdom in 2005 were issued pursuant to national provisions implementing the first paragraph of Article 8 or Article 26(3) of Directive 2001/82/EC depends essentially on the assessment of the facts in the national proceedings, which is a matter for the national court. |
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1.

Under Regulation (EEC) No 1768/92, a supplementary protection certificate for a veterinary medicinal product may be granted in an EEA State on the basis of a marketing authorisation granted in that State pursuant to the administrative authorisation procedure set out in Title III of Directive 2001/82/EC, including the procedure for authorisation in exceptional circumstances under Article 26(3) of that directive. Such a marketing authorisation constitutes a valid authorisation and, where appropriate, may also constitute the first authorisation to place the product on the market as a veterinary medicinal product within the meaning of Article 3(b) and (d) of Regulation (EEC) No 1768/92.

Permissions granted on the basis of the first paragraph of Article 8 of Directive 2001/82/EC do not constitute a marketing authorisation within the meaning of Regulation (EEC) No 1768/92. That derogating provision strictly limits the use of the measures permitted under it, stating that it applies only in the event of serious epizootic diseases, in the absence of suitable medicinal products and after informing the EFTA Surveillance Authority of the detailed conditions of use.

The determination of whether ‘special approval exemptions’ or ‘AR 16 licences’, granted respectively by Norwegian and Irish authorities between 2003 and 2011, and the provisional marketing authorisation granted in the United Kingdom in 2005 were issued pursuant to national provisions implementing the first paragraph of Article 8 or Article 26(3) of Directive 2001/82/EC depends essentially on the assessment of the facts in the national proceedings, which is a matter for the national court.

| 2. | Pursuant to Article 4 of Regulation (EEC) No 1768/92, the scope of protection conferred by a supplementary protection certificate extends to a specific strain of a virus covered by the basic patent, but not referred to in the marketing authorisation for a virus vaccine relied on for the purposes of Article 3(b) of Regulation (EEC) No 1768/92, only if the specific strain constitutes the same active ingredient as the authorised medicinal product and has therapeutic effects falling within the therapeutic indications for which the marketing authorisation was granted. It is not relevant whether a medicinal product based on such other strain would require a separate marketing authorisation. The appreciation of such elements is a matter of fact which is to be determined by the national court.
  A supplementary protection certificate is invalid to the extent it is granted a wider scope than that set out in the relevant marketing authorisation. |
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2.

Pursuant to Article 4 of Regulation (EEC) No 1768/92, the scope of protection conferred by a supplementary protection certificate extends to a specific strain of a virus covered by the basic patent, but not referred to in the marketing authorisation for a virus vaccine relied on for the purposes of Article 3(b) of Regulation (EEC) No 1768/92, only if the specific strain constitutes the same active ingredient as the authorised medicinal product and has therapeutic effects falling within the therapeutic indications for which the marketing authorisation was granted. It is not relevant whether a medicinal product based on such other strain would require a separate marketing authorisation. The appreciation of such elements is a matter of fact which is to be determined by the national court.

A supplementary protection certificate is invalid to the extent it is granted a wider scope than that set out in the relevant marketing authorisation.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 22.10.2015 | EN | Official Journal of the European Union | C 350/9 |
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22.10.2015

EN

Official Journal of the European Union

C 350/9

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Prior notification of a concentration

(Case M.7766 — HNA Group/Aguila)

(Text with EEA relevance)

(2015/C 350/12)

| 1. | On 15 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which HNA Group Co., Ltd (‘HNA Group’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Aguila 2 SA, the holding company of the Swissport group of companies (together with its subsidiaries, ‘Swissport’, Luxembourg), by way of purchase of securities. |
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1.

On 15 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which HNA Group Co., Ltd (‘HNA Group’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Aguila 2 SA, the holding company of the Swissport group of companies (together with its subsidiaries, ‘Swissport’, Luxembourg), by way of purchase of securities.

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






  — | HNA Group: conglomerate encompassing core divisions of aviation, holdings, capital, tourism and logistics. Through its HNA Aviation division, HNA Group manages aviation related enterprises, with a focus on China and the Asia region. HNA Group, through its controlled airlines, is active at a number of airports in the EEA, |
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2.

The business activities of the undertakings concerned are:

—

HNA Group: conglomerate encompassing core divisions of aviation, holdings, capital, tourism and logistics. Through its HNA Aviation division, HNA Group manages aviation related enterprises, with a focus on China and the Asia region. HNA Group, through its controlled airlines, is active at a number of airports in the EEA,

| — | Swissport is a provider of airport ground handling, cargo handling, and related services, to airlines in Europe and abroad. |
| --- | --- |

—

Swissport is a provider of airport ground handling, cargo handling, and related services, to airlines in Europe and abroad.

| 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. |
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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. | 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.7766 — HNA Group/Aguila, 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.7766 — HNA Group/Aguila, to the following 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’).

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OTHER ACTS

European Commission

| 22.10.2015 | EN | Official Journal of the European Union | C 350/10 |
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22.10.2015

EN

Official Journal of the European Union

C 350/10

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Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2015/C 350/13)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 (1).

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (2)

‘FRANKFURTER GRÜNE SOßE’/‘FRANKFURTER GRIE SOß’

EC No: DE-PGI-0005-0884-13.07.2011

PGI ( X ) PDO ( )

1.   Name

‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’

2.   Member State or Third Country

Germany

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.6. Fruit, vegetables and cereals, fresh or processed

3.2.   Description of product to which the name in (1) applies

‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ is a fresh herbal blend, consisting of the fresh leaves, stems and buds of seven herbs: Borago officinalis (borage), Anthriscus cerefolium var. sativus (chervil), Lepidium sativum (cress), Petroselinum crispum (parsley), Sanguisorba minor (salad burnet), Rumex acetosa (common sorrel) and Allium schoenoprasum (chives).

It is a natural product which, in terms of its individual ingredients, can vary in size, outer appearance, structure and colour depending on the time of year and consequently on the intensity of light exposure, temperature and other natural weather-related factors

The ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ fresh herbal blend must only contain fresh leaves, stems and buds.

Petroselinum crispum, Borago officinalis, Rumex acetosa and Anthriscus cerefolium var. sativus are the main ingredients in the blend, accounting for approximately 75 % of the overall weight. The fresh leaves, stems and buds of Allium schoenoprasum, Sanguisorba minor and Lepidium sativum account for approximately 25 % of the overall weight. Depending on the time of year and the naturally varying biological properties of each species, the amount of each individual herb in the fresh herbal blend as a share of the overall weight may differ. No one herb may account for more than 30 % by weight of the blend. Furthermore, Petroselinum crispum, Borago officinalis, Rumex acetosa and Anthriscus cerefolium var. sativus should not, individually, account for less than approximately 8 % by weight of the blend. Allium schoenoprasum, Sanguisorba minor and Lepidium sativum, which at certain times of year can have a particularly intense flavour, should not account for less than 3 % of the blend.

3.3.   Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

—

3.5.   Specific steps in production that must take place in the identified geographical area

The seven types of herb used to make ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ (whether grown outdoors or under cover) must be cultivated in the identified geographical area. Likewise, the fresh leaves, stems and buds must be harvested there. Petroselinum crispum may temporarily be sourced from horticultural production outside the identified geographical area (e.g. in the event of extraordinary and temporary fluctuations in availability owing to harvest losses caused by the weather conditions in the geographical area). In such cases, it must be ensured that the herbs are fresh and can be processed into bundles in the geographical area no later than 36 hours after harvest.

The inclusion of Petroselinum crispum up to 36 hours after harvest is only possible due to the particularly well-developed technical infrastructure in the geographical area (international airport and unbroken cold chain) and the specific characteristics of this herb. In order to be used, the other herbs may not be sourced from horticultural production occurring outside of the geographical area. They must be cultivated in the geographical area.

The seven individual herbs comprising ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ must be made into a blend and packed into bundles in the identified geographical area. Furthermore, this may only be done by hand.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

Carried out by hand using a traditional method, the leaves and stems of the individual ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ herbs are layered on top of and into one another by means of a parallel arrangement which specially protects the leaves, then rolled together, and wrapped in special opaque paper which is water-resistant on the inside. The bundles are produced whilst grouping together the herbs and carefully determining the respective blend ratio.

‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ must not be layered or bundled by means of an automated or mechanised process carried out by a packaging machine or similar, as this has a damaging effect on the herbal aroma. Manually layering the individual, uncut leaves, stems and buds of each herb in series and on top of one another, which is a particularly gentle process — resembling work in the craft industry — is the only way to retain the special aromas of each fresh herb until they are processed for consumption, allowing the typical, unique flavour together with the special consistency of the fresh ingredients to be produced when preparing them for consumption as a blend of chopped leaves.

‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ is sold as a traditional fresh blend of whole herbs, weighing a minimum of 250 g in total. These ‘250 g bundles’ are how the product has been traditionally presented for sale to final consumers in the Frankfurt region. The product is also sold in larger bundles (e.g. 1 kg, 5 kg) for large-scale consumers

3.7.   Specific rules concerning labelling

The name Frankfurter Grüne Soße or Frankfurter Grie Soß and the names of the seven herbs must be printed in green on the outside of the bundle, on the special paper referred to under point 3.6 The sentence frische Kräuterkomposition zur Zugbereitung der ‘Grünen Soße’ (fresh blend of herbs for preparing green sauce) must be clearly legible and printed below.

4.   Concise definition of the geographical area

The geographical area comprises the city of Frankfurt am Main and the following towns and municipalities immediately bordering the city: Oberursel, Bad Homburg, Karben, Bad Vilbel, Niederdorfelden, Maintal, Offenbach am Main, Neu-Isenburg, Mörfelden-Walldorf, Rüsselsheim, Raunheim, Kelsterbach, Hattersheim, Kriftel, Hofheim, Kelkheim, Liederbach, Sulzbach, Schwalbach, Eschborn and Steinbach.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

Based on a very old tradition of small-scale horticulture in Frankfurt, first mentioned in official records in 1215 and caused by the political boundaries with the surrounding area, larger farms in the area around the city were progressively supplanted over the centuries. Local rules on inheritance meant that land was divided into smaller and smaller parcels. Over the centuries, a special type of herb cultivation developed on these parcels — some of which were very small — involving varieties and species (such as salad burnet) which are rarely grown outside Frankfurt.

Notably, the special diet of the traditionally large Jewish population of Frankfurt meant that at the latest by the end of the 19th century, fresh herbs came to be eaten and consequently grown there.

Another specific characteristic is the special know-how of herb growers in Frankfurt, as only they understand how to balance the individual and changing properties and ingredients in the blend (fresh herb bundles) so that consumers experience a harmonious taste sensation. Important aspects of the traditional product include the effects of seasonal changes and different growing conditions, varying availability of individual herbs grown outdoors or under cover, and their colour, intensity of flavour and aromas during the latter processing stages (impact on consistency).

5.2.   Specificity of the product

‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ is a fresh herbal speciality which is well-known and popular amongst consumers in the geographical area. It is an important basis for various different dishes and is consequently held in high esteem.

Developments between the 1920s and 1950s led to ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ becoming permanently established as a separate name for the fresh herbal blend, distinct from Grüne Soße, which is the name for the finished dish. This was primarily due to the fact that the terms ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ first began to be used consistently to refer to the herb bundles at that time.

From then on, as sales of the herb bundles began to increase in the surrounding area, ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ was used increasingly to designate the fresh herbal blend which formed the basis for various dishes, thereby also distinguishing it from the Kasseler Grüne Soße fresh herbal blend (made from other herbs) which could also be found on the market. Over the course of generations, ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ has also become established as a regional product, shaping the identity of the geographical area socially and culturally in various ways. The special knowledge developed by herb gardeners regarding how to grow and harvest the individual herbs and the unique know-how that has evolved from this regarding how to create a particularly harmonious blend of the seven herbs, has developed in several families over generations, as proved by many exhibitions and celebrated in the form of monuments (the Grüne Soße monument), museums (the Oberräder gardening museum) and a dedicated cultural festival (the Grüne Soße Festival).

For generations, much of the population of Frankfurt has regarded the local fresh herbal speciality ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ as contributing significantly to their identity. This is demonstrated, e.g. by the fact that ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’, which is produced by hand in the geographical area at close proximity to consumers, is not only presented in a consistently positive light in numerous newspaper articles and on the television but also on the internet. Moreover, it is distinctly ingrained in shared local beliefs and attitudes. Examples attesting to the significance of the fresh herbal blend include the novel Die abenteuerliche Reise der sieben Kräuter by Horst Nopens, the Frankfurt Adult Education Centre’s publication Des war die Zeit, various television features on the public regional television channel HR, and different publications by artists, cultural professionals and the City of Frankfurt on the topic: Sieben Kräuter müssen es sein — Die Frankfurter Grüne Soße (only seven herbs — Frankfurt green sauce).

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

In addition to being the area where the herbs have been cultivated for generations on small-scale holdings, the geographical area is also where ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ is primarily sold and consumed. The long standing interplay between herb gardeners on the one hand and consumers (private consumers and the food service sector) on the other has given rise to a certain perception as to what makes ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ distinctive. This special knowledge was acquired exclusively by Frankfurt’s herb gardeners – knowledge which has been maintained to this day and which can be found nowhere else.

This expertise and know-how concerning how and when to proceed with which aspects of the harvesting and composition of the product, and the special nature — particularly the aroma, colour and taste — of the individual herbs corresponding to the specific characteristics of the geographical area (in accordance with point 5.1) and the specific harmonious blend of each herb within the bundle (in accordance with point 3.5) has meant that local production of the fresh herbal blend is seen as a cultural asset in the geographical area and will be passed on to future generations. As a fresh herbal blend, ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ is a precious cultural asset which is important to preserve.

Together with the long tradition of cultivating herbs for the ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ which developed as a result of the location of the Frankfurt region and demand from that region, the name Grüne Soße (green sauce) has become firmly established in local cuisine.

The main characteristic of the ‘Frankfurter Grüne Soße’/‘Frankfurter Grie Soß’ fresh herbal blend is that to date, all households and food industry professionals have their own recipes for creating the finished dish, Grüne Soße, using the herbs.

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (3))

https://register.dpma.de/DPMAregister/geo/detail.pdfdownload/41038

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(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012.

(3)  See footnote 2.

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Corrigenda

| 22.10.2015 | EN | Official Journal of the European Union | C 350/14 |
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22.10.2015

EN

Official Journal of the European Union

C 350/14

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Corrigendum to Call for proposals 2016 — EAC/A04/2015 — Erasmus+ programme

(
  Official Journal of the European Union C 347 of 20 October 2015
  )

(2015/C 350/14)

On page 9, point 5 ‘Deadline for the submission of applications’ has been amended as follows, as regards Key Action 2 — Strategic partnerships:

‘Key Action 2

| Strategic partnerships in the field of youth | 2 February 2016 |
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| Strategic partnerships in the field of education and training | 31 March 2016 |
| Strategic partnerships in the field of youth | 26 April 2016 |
| Strategic partnerships in the field of youth | 4 October 2016’ |

Strategic partnerships in the field of youth

2 February 2016

Strategic partnerships in the field of education and training

31 March 2016

Strategic partnerships in the field of youth

26 April 2016

Strategic partnerships in the field of youth

4 October 2016’

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