# Official Journal C 345/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 345 |
| | |
| English edition | Information and Notices | Volume 658 September 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 345

English edition

Information and Notices

Volume 658 September 2022

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2022/C 345/01 | Council Decision of 6 September 2022 adopting the Council's position on the draft general budget of the European Union for the financial year 2023 | 1 |
| | European Commission |
| 2022/C 345/02 | Euro exchange rates — 7 September 2022 | 2 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2022/C 345/03 | State aid – Decision to raise no objections | 3 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2022/C 345/01

Council Decision of 6 September 2022 adopting the Council's position on the draft general budget of the European Union for the financial year 2023

1

European Commission

2022/C 345/02

Euro exchange rates — 7 September 2022

2

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2022/C 345/03

State aid – Decision to raise no objections

3

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2022/C 345/04 | Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 14 March 2022 in the case of Stendi AS & Norlandia Care Norge AS v Oslo kommune v/ordføreren (Case E-4/22) | 5 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2022/C 345/05 | Prior notification of a concentration (Case M.10816 – ADNOC / ADQ / RIL / JV) – Candidate case for simplified procedure (
  1
  ) | 6 |
| 2022/C 345/06 | Prior notification of a concentration (Case M.10820 - BERKSHIRE / ALLEGHANY) – Candidate case for simplified procedure (
  1
  ) | 8 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2022/C 345/04

Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 14 March 2022 in the case of Stendi AS & Norlandia Care Norge AS v Oslo kommune v/ordføreren (Case E-4/22)

5

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2022/C 345/05

Prior notification of a concentration (Case M.10816 – ADNOC / ADQ / RIL / JV) – Candidate case for simplified procedure (
  1
  )

1

6

2022/C 345/06

Prior notification of a concentration (Case M.10820 - BERKSHIRE / ALLEGHANY) – Candidate case for simplified procedure (
  1
  )

1

8

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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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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 8.9.2022 | EN | Official Journal of the European Union | C 345/1 |
| --- | --- | --- | --- |

8.9.2022

EN

Official Journal of the European Union

C 345/1

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COUNCIL DECISION

of 6 September 2022

adopting the Council's position on the draft general budget of the European Union for the financial year 2023

(2022/C 345/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,

Whereas:

| 1. | On 4 July 2022, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2023 (1), |
| --- | --- |

1.

On 4 July 2022, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2023 (1),

| 2. | The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (2), and, on the expenditure side, with Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3). |
| --- | --- |

2.

The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (2), and, on the expenditure side, with Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3).

HAS DECIDED AS FOLLOWS:

Sole Article

The Council’s position on the draft general budget of the European Union for the financial year 2023 was adopted by the Council on 6 September 2022.

The full text can be accessed for consultation or downloading on the Council’s Internet: http://www.consilium.europa.eu/

Done at Brussels, 6 September 2022.

For the Council

The President

M. BEK

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(1)  COM(2022) 400 final.

1

(2)  OJ L 424, 15.12.2020, p. 1.

2

(3)  OJ L 433 I, 22.12.2020, p. 11.

3

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European Commission

| 8.9.2022 | EN | Official Journal of the European Union | C 345/2 |
| --- | --- | --- | --- |

8.9.2022

EN

Official Journal of the European Union

C 345/2

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Euro exchange rates (1)

7 September 2022

(2022/C 345/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 0,9885 |
| JPY | Japanese yen | 143,20 |
| DKK | Danish krone | 7,4365 |
| GBP | Pound sterling | 0,86510 |
| SEK | Swedish krona | 10,6888 |
| CHF | Swiss franc | 0,9750 |
| ISK | Iceland króna | 141,30 |
| NOK | Norwegian krone | 9,9483 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,631 |
| HUF | Hungarian forint | 401,83 |
| PLN | Polish zloty | 4,7290 |
| RON | Romanian leu | 4,8585 |
| TRY | Turkish lira | 18,0262 |
| AUD | Australian dollar | 1,4748 |
| CAD | Canadian dollar | 1,3037 |
| HKD | Hong Kong dollar | 7,7596 |
| NZD | New Zealand dollar | 1,6459 |
| SGD | Singapore dollar | 1,3931 |
| KRW | South Korean won | 1 374,44 |
| ZAR | South African rand | 17,2582 |
| CNY | Chinese yuan renminbi | 6,8968 |
| HRK | Croatian kuna | 7,5143 |
| IDR | Indonesian rupiah | 14 779,47 |
| MYR | Malaysian ringgit | 4,4497 |
| PHP | Philippine peso | 56,532 |
| RUB | Russian rouble | |
| THB | Thai baht | 36,322 |
| BRL | Brazilian real | 5,1881 |
| MXN | Mexican peso | 19,9225 |
| INR | Indian rupee | 79,0280 |

Currency

Exchange rate

USD

US dollar

0,9885

JPY

Japanese yen

143,20

DKK

Danish krone

7,4365

GBP

Pound sterling

0,86510

SEK

Swedish krona

10,6888

CHF

Swiss franc

0,9750

ISK

Iceland króna

141,30

NOK

Norwegian krone

9,9483

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,631

HUF

Hungarian forint

401,83

PLN

Polish zloty

4,7290

RON

Romanian leu

4,8585

TRY

Turkish lira

18,0262

AUD

Australian dollar

1,4748

CAD

Canadian dollar

1,3037

HKD

Hong Kong dollar

7,7596

NZD

New Zealand dollar

1,6459

SGD

Singapore dollar

1,3931

KRW

South Korean won

1 374,44

ZAR

South African rand

17,2582

CNY

Chinese yuan renminbi

6,8968

HRK

Croatian kuna

7,5143

IDR

Indonesian rupiah

14 779,47

MYR

Malaysian ringgit

4,4497

PHP

Philippine peso

56,532

RUB

Russian rouble

THB

Thai baht

36,322

BRL

Brazilian real

5,1881

MXN

Mexican peso

19,9225

INR

Indian rupee

79,0280

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

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 8.9.2022 | EN | Official Journal of the European Union | C 345/3 |
| --- | --- | --- | --- |

8.9.2022

EN

Official Journal of the European Union

C 345/3

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State aid – Decision to raise no objections

(2022/C 345/03)

The EFTA Surveillance Authority raises no objections to the following state aid measure:

| Date of adoption of the decision | 10 May 2022 |
| --- | --- |
| Case No | 88678 |
| Decision No | 101/22/COL |
| EFTA State | Norway |
| Title (and/or name of the beneficiary) | Temporary Crisis Framework: loan guarantee scheme |
| Legal basis | Parliament decision authorising the scheme and its budget in Innst. 270 S (2021-2022), (1) amending the budget proposed by the Government in Prop. 78 S (2021-2022), (2) and a regulation from the Ministry of Trade, Industry and Fisheries to Export Finance Norway. |
| Type of measure | Scheme |
| Objective | To secure liquidity in the form of guarantees provided by the Norwegian State, for undertakings suffering a lack of liquidity due to the inability of their Russian, Belarusian and/or Ukrainian customers to settle their outstanding balances as a direct or indirect result of Russia’s aggression against Ukraine and the imposition of sanctions. |
| Form of aid | Guarantee |
| Budget | NOK 400 million |
| Intensity | The guarantee can cover up to 90 % of the loan principal, guaranteed loan shall not amount to more than NOK 50 million per undertaking. |
| Duration | 11 May 2022 until 31 December 2022. |
| Economic sectors | Maritime sector |
| Name and address of the granting authority | Eksfin – Export Finance Norway |
| Postal address: |
| PB 1763 Vika |
| N-0122 Oslo |
| NORWAY |

Date of adoption of the decision

10 May 2022

Case No

88678

Decision No

101/22/COL

EFTA State

Norway

Title (and/or name of the beneficiary)

Temporary Crisis Framework: loan guarantee scheme

Legal basis

Parliament decision authorising the scheme and its budget in Innst. 270 S (2021-2022), (1) amending the budget proposed by the Government in Prop. 78 S (2021-2022), (2) and a regulation from the Ministry of Trade, Industry and Fisheries to Export Finance Norway.

Type of measure

Scheme

Objective

To secure liquidity in the form of guarantees provided by the Norwegian State, for undertakings suffering a lack of liquidity due to the inability of their Russian, Belarusian and/or Ukrainian customers to settle their outstanding balances as a direct or indirect result of Russia’s aggression against Ukraine and the imposition of sanctions.

Form of aid

Guarantee

Budget

NOK 400 million

Intensity

The guarantee can cover up to 90 % of the loan principal, guaranteed loan shall not amount to more than NOK 50 million per undertaking.

Duration

11 May 2022 until 31 December 2022.

Economic sectors

Maritime sector

Name and address of the granting authority

Eksfin – Export Finance Norway

Postal address:

PB 1763 Vika

N-0122 Oslo

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/

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(1)  https://www.stortinget.no/no/Saker-og-publikasjoner/Vedtak/Vedtak/Sak/?p=88801

(2)  Prop. 78 S (2021–2022) (regjeringen.no)

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 8.9.2022 | EN | Official Journal of the European Union | C 345/5 |
| --- | --- | --- | --- |

8.9.2022

EN

Official Journal of the European Union

C 345/5

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Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 14 March 2022 in the case of Stendi AS & Norlandia Care Norge AS v Oslo kommune v/ordføreren

(Case E-4/22)

(2022/C 345/04)

A request has been made to the EFTA Court, dated 14 March 2022, from Oslo tingrett (Oslo District Court), which was received at the Court Registry on 30 March 2022, for an Advisory Opinion in the case of Stendi AS & Norlandia Care Norge AS v Oslo kommune v/ordføreren, on the following questions:

On whether the procurement comes within or falls outside the concept of service:

| 1. | Is a contract for pecuniary interest providing for the provision of long-term places in nursing homes, the procurement of which is effected under the conditions described [in the request], to be regarded as a contract relating to the provision of ‘services’ under point (9) of Article 2(1) of Directive 2014/24/EU? |
| --- | --- |

1.

Is a contract for pecuniary interest providing for the provision of long-term places in nursing homes, the procurement of which is effected under the conditions described [in the request], to be regarded as a contract relating to the provision of ‘services’ under point (9) of Article 2(1) of Directive 2014/24/EU?

On the exception in Article 32 EEA for exercise of official authority:

| 1. | Is a public contracting authority’s ability to rely on the exception in Article 32 of the EEA Agreement, read in conjunction with Article 39, affected by whether:






  a) | the services in question have previously been the subject-matter of public service contracts between the contracting authority and both non-profit organisations and other (not non-profit) providers? |
| --- | --- | --- |

1.

Is a public contracting authority’s ability to rely on the exception in Article 32 of the EEA Agreement, read in conjunction with Article 39, affected by whether:

a)

the services in question have previously been the subject-matter of public service contracts between the contracting authority and both non-profit organisations and other (not non-profit) providers?

| b) | other public contracting authorities in the same State still opt to conclude contracts for equivalent services with both non-profit organisations and other (not non-profit) providers? |
| --- | --- |

b)

other public contracting authorities in the same State still opt to conclude contracts for equivalent services with both non-profit organisations and other (not non-profit) providers?

| c) | the power to take decisions to administer coercive health care in relation to persons without legal capacity to give consent who are opposed to that health care, is not placed directly with the contracting public authority’s contractor, but rather with the health personnel working for the contractor? |
| --- | --- |

c)

the power to take decisions to administer coercive health care in relation to persons without legal capacity to give consent who are opposed to that health care, is not placed directly with the contracting public authority’s contractor, but rather with the health personnel working for the contractor?

| 2. | How is the wording ‘even occasionally’ in Article 32 of the EEA Agreement, read in conjunction with Article 39, to be construed? |
| --- | --- |

2.

How is the wording ‘even occasionally’ in Article 32 of the EEA Agreement, read in conjunction with Article 39, to be construed?

On the reservation for non-profit organisations:

| 1. | Do Articles 31 and 36 of the EEA Agreement and Articles 74 – 77 of Directive 2014/24/EU preclude national legislation allowing public contracting authorities to reserve the right to participate in tendering procedures relating to health and social services for ‘non-profit organisations’ on the terms laid down in the national legislative provision in question? |
| --- | --- |

1.

Do Articles 31 and 36 of the EEA Agreement and Articles 74 – 77 of Directive 2014/24/EU preclude national legislation allowing public contracting authorities to reserve the right to participate in tendering procedures relating to health and social services for ‘non-profit organisations’ on the terms laid down in the national legislative provision in question?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 8.9.2022 | EN | Official Journal of the European Union | C 345/6 |
| --- | --- | --- | --- |

8.9.2022

EN

Official Journal of the European Union

C 345/6

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Prior notification of a concentration

(Case M.10816 – ADNOC / ADQ / RIL / JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 345/05)

1.

This notification concerns the following undertakings:

| — | Abu Dhabi Chemical Derivatives Company RSC Ltd (‘TA’ZIZ’, United Arab Emirates), jointly controlled by Abu Dhabi National Oil Company (‘ADNOC’, United Arab Emirates) and Abu Dhabi Developmental Holding Company PJSC (‘ADQ’, United Arab Emirates), |
| --- | --- |

—

Abu Dhabi Chemical Derivatives Company RSC Ltd (‘TA’ZIZ’, United Arab Emirates), jointly controlled by Abu Dhabi National Oil Company (‘ADNOC’, United Arab Emirates) and Abu Dhabi Developmental Holding Company PJSC (‘ADQ’, United Arab Emirates),

| — | Reliance Strategic Business Ventures Ltd (‘RSBVL’, India), controlled by Reliance Industries Limited (‘RIL’, India), |
| --- | --- |

—

Reliance Strategic Business Ventures Ltd (‘RSBVL’, India), controlled by Reliance Industries Limited (‘RIL’, India),

| — | A newly created company (‘JV’, United Arab Emirates). |
| --- | --- |

—

A newly created company (‘JV’, United Arab Emirates).

ADNOC, ADQ and RIL will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the full-function JV.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | ADNOC is an energy and petrochemicals group principally active in the exploration, production, storage, refining and distribution of oil and gas, as well as in the development of petrochemical products, |
| --- | --- |

—

ADNOC is an energy and petrochemicals group principally active in the exploration, production, storage, refining and distribution of oil and gas, as well as in the development of petrochemical products,

| — | ADQ is a holding company with direct and indirect investments in a number of sectors across Abu Dhabi’s economy, including food and agriculture, aviation, financial services, healthcare, industries, logistics, media, real estate, tourism and hospitality, transport and utilities, |
| --- | --- |

—

ADQ is a holding company with direct and indirect investments in a number of sectors across Abu Dhabi’s economy, including food and agriculture, aviation, financial services, healthcare, industries, logistics, media, real estate, tourism and hospitality, transport and utilities,

| — | RIL is active in a number of sectors, including Oil to Chemicals (O2C) (including petrochemical refining & marketing and petrochemicals), oil and gas exploration and production, retail, media, digital services and new energy. |
| --- | --- |

—

RIL is active in a number of sectors, including Oil to Chemicals (O2C) (including petrochemical refining & marketing and petrochemicals), oil and gas exploration and production, retail, media, digital services and new energy.

3.

The business activities of the greenfield full-function JV will be the following: production and sale of caustic soda, ethylene di-chloride (‘EDC’) and polyvinyl chloride (‘PVC’) to certain markets.

4.

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 the Notice.

5.

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

M.10816 – ADNOC / ADQ / RIL / JV

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

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

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

1

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

2

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| 8.9.2022 | EN | Official Journal of the European Union | C 345/8 |
| --- | --- | --- | --- |

8.9.2022

EN

Official Journal of the European Union

C 345/8

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Prior notification of a concentration

(Case M.10820 - BERKSHIRE / ALLEGHANY)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 345/06)

1.

This notification concerns the following undertakings:

| — | Berkshire Hathaway Inc. (‘Berkshire Hathaway’, USA) |
| --- | --- |

—

Berkshire Hathaway Inc. (‘Berkshire Hathaway’, USA)

| — | Alleghany Corporation (‘Alleghany’, USA) |
| --- | --- |

—

Alleghany Corporation (‘Alleghany’, USA)

Berkshire Hathaway will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Alleghany.

The concentration is accomplished by way of purchase of shares.

2.

| — | Berkshire Hathaway is a company engaged in insurance and reinsurance activities, freight rail transportation and utility and energy generation and distribution. Berkshire Hathaway also owns and operates numerous other businesses engaged in a variety of manufacturing, services, and retailing activities. |
| --- | --- |

—

Berkshire Hathaway is a company engaged in insurance and reinsurance activities, freight rail transportation and utility and energy generation and distribution. Berkshire Hathaway also owns and operates numerous other businesses engaged in a variety of manufacturing, services, and retailing activities.

| — | Alleghany is an asset management company, also active in property and casualty reinsurance and insurance. |
| --- | --- |

—

Alleghany is an asset management company, also active in property and casualty reinsurance and insurance.

3.

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 the Notice.

4.

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

M.10820 - BERKSHIRE / ALLEGHANY

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

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

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

1

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

2

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