# Official Journal C 132/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 132 |
| | |
| English edition | Information and Notices | Volume 6323 April 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 132

English edition

Information and Notices

Volume 6323 April 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 132/01 | Non-opposition to a notified concentration (Case M.9775 — Global Payments/CaixaBank/MoneyToPay) (
  1
  ) | 1 |
| 2020/C 132/02 | Non-opposition to a notified concentration (Case M.9626 — PKN Orlen/Energa) (
  1
  ) | 2 |
| 2020/C 132/03 | Non-opposition to a notified concentration (Case M.9786 – RIL/BP/RBML JV) (
  1
  ) | 3 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 132/01

Non-opposition to a notified concentration (Case M.9775 — Global Payments/CaixaBank/MoneyToPay) (
  1
  )

1

1

2020/C 132/02

Non-opposition to a notified concentration (Case M.9626 — PKN Orlen/Energa) (
  1
  )

1

2

2020/C 132/03

Non-opposition to a notified concentration (Case M.9786 – RIL/BP/RBML JV) (
  1
  )

1

3

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 132/04 | Euro exchange rates — 22 April 2020 | 4 |
| 2020/C 132/05 | Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
  (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

   (
  1
  ) | 5 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2020/C 132/06 | State aid – Decision to raise no objections | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 132/04

Euro exchange rates — 22 April 2020

4

2020/C 132/05

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
  (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

   (
  1
  )

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

1

5

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2020/C 132/06

State aid – Decision to raise no objections

8

---

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2020/C 132/07 | Judgment of the Court of 4 February 2020 in Case E-5/19 – Criminal proceedings against F and G
  (Directive 2003/6/EC – Market manipulation – Harmonisation – Real transactions – False and misleading signals – Securing the price at an abnormal or artificial level – Legitimate reasons – Dissemination of information) | 9 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2020/C 132/08 | Notice to economic operators New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products | 11 |
| 2020/C 132/09 | Prior notification of a concentration (Case M.9554 – Elanco Animal Health/Bayer Animal Health Division) (
  1
  ) | 12 |
| 2020/C 132/10 | Prior notification of a concentration (Case M.9822 – Bridgepoint/Groupe Financière CEP) Candidate case for simplified procedure (
  1
  ) | 13 |
| 2020/C 132/11 | Prior notification of a concentration (Case M.9840 – Macquarie/Fresco International) Candidate case for simplified procedure (
  1
  ) | 14 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2020/C 132/07

Judgment of the Court of 4 February 2020 in Case E-5/19 – Criminal proceedings against F and G
  (Directive 2003/6/EC – Market manipulation – Harmonisation – Real transactions – False and misleading signals – Securing the price at an abnormal or artificial level – Legitimate reasons – Dissemination of information)

(Directive 2003/6/EC – Market manipulation – Harmonisation – Real transactions – False and misleading signals – Securing the price at an abnormal or artificial level – Legitimate reasons – Dissemination of information)

9

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2020/C 132/08

Notice to economic operators New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

11

2020/C 132/09

Prior notification of a concentration (Case M.9554 – Elanco Animal Health/Bayer Animal Health Division) (
  1
  )

1

12

2020/C 132/10

Prior notification of a concentration (Case M.9822 – Bridgepoint/Groupe Financière CEP) Candidate case for simplified procedure (
  1
  )

1

13

2020/C 132/11

Prior notification of a concentration (Case M.9840 – Macquarie/Fresco International) Candidate case for simplified procedure (
  1
  )

1

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

| 23.4.2020 | EN | Official Journal of the European Union | C 132/1 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/1

---

Non-opposition to a notified concentration

(Case M.9775 — Global Payments/CaixaBank/MoneyToPay)

(Text with EEA relevance)

(2020/C 132/01)

On 17 April 2020, 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 32020M9775. 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 32020M9775. EUR-Lex is the online access to European law.

---

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

---

| 23.4.2020 | EN | Official Journal of the European Union | C 132/2 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/2

---

Non-opposition to a notified concentration

(Case M.9626 — PKN Orlen/Energa)

(Text with EEA relevance)

(2020/C 132/02)

On 31 March 2020, 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 32020M9626. 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 32020M9626. EUR-Lex is the online access to European law.

---

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

---

| 23.4.2020 | EN | Official Journal of the European Union | C 132/3 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/3

---

Non-opposition to a notified concentration

(Case M.9786 – RIL/BP/RBML JV)

(Text with EEA relevance)

(2020/C 132/03)

On 17 April 2020, 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 32020M9786. 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 32020M9786. EUR-Lex is the online access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.4.2020 | EN | Official Journal of the European Union | C 132/4 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/4

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Euro exchange rates (1)

22 April 2020

(2020/C 132/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0867 |
| JPY | Japanese yen | 117,01 |
| DKK | Danish krone | 7,4589 |
| GBP | Pound sterling | 0,87920 |
| SEK | Swedish krona | 10,9423 |
| CHF | Swiss franc | 1,0523 |
| ISK | Iceland króna | 158,60 |
| NOK | Norwegian krone | 11,6775 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,534 |
| HUF | Hungarian forint | 355,11 |
| PLN | Polish zloty | 4,5349 |
| RON | Romanian leu | 4,8391 |
| TRY | Turkish lira | 7,6008 |
| AUD | Australian dollar | 1,7199 |
| CAD | Canadian dollar | 1,5375 |
| HKD | Hong Kong dollar | 8,4220 |
| NZD | New Zealand dollar | 1,8200 |
| SGD | Singapore dollar | 1,5508 |
| KRW | South Korean won | 1 339,66 |
| ZAR | South African rand | 20,4413 |
| CNY | Chinese yuan renminbi | 7,6964 |
| HRK | Croatian kuna | 7,5700 |
| IDR | Indonesian rupiah | 16 935,13 |
| MYR | Malaysian ringgit | 4,7437 |
| PHP | Philippine peso | 55,096 |
| RUB | Russian rouble | 83,1961 |
| THB | Thai baht | 35,176 |
| BRL | Brazilian real | 5,7866 |
| MXN | Mexican peso | 26,3895 |
| INR | Indian rupee | 83,1685 |

Currency

Exchange rate

USD

US dollar

1,0867

JPY

Japanese yen

117,01

DKK

Danish krone

7,4589

GBP

Pound sterling

0,87920

SEK

Swedish krona

10,9423

CHF

Swiss franc

1,0523

ISK

Iceland króna

158,60

NOK

Norwegian krone

11,6775

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,534

HUF

Hungarian forint

355,11

PLN

Polish zloty

4,5349

RON

Romanian leu

4,8391

TRY

Turkish lira

7,6008

AUD

Australian dollar

1,7199

CAD

Canadian dollar

1,5375

HKD

Hong Kong dollar

8,4220

NZD

New Zealand dollar

1,8200

SGD

Singapore dollar

1,5508

KRW

South Korean won

1 339,66

ZAR

South African rand

20,4413

CNY

Chinese yuan renminbi

7,6964

HRK

Croatian kuna

7,5700

IDR

Indonesian rupiah

16 935,13

MYR

Malaysian ringgit

4,7437

PHP

Philippine peso

55,096

RUB

Russian rouble

83,1961

THB

Thai baht

35,176

BRL

Brazilian real

5,7866

MXN

Mexican peso

26,3895

INR

Indian rupee

83,1685

---

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

---

| 23.4.2020 | EN | Official Journal of the European Union | C 132/5 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/5

---

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1))

(Text with EEA relevance)

(2020/C 132/05)

Decisions granting an authorisation

| Reference of the decision  (2) | Date of decision | Substance name | Holder of the authorisation | Authorisation number | Authorised use | Date of expiry of review period | Reasons for the decision |
| --- | --- | --- | --- | --- | --- | --- | --- |
| C(2020) 2076 | 16 April 2020 | Strontium chromate
  EC No 232-142-6, CAS No 7789-06-2 | Akzo Nobel Car Refinishes B.V.; Rijksstraatweg 31, 2170 AB Sassenheim, Netherlands | REACH/20/7/0 | Formulation of mixtures intended exclusively for uses REACH/20/7/10 to REACH/20/7/19. | 22 January 2026 | In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health from the uses of the substance and there are no suitable alternative substances or technologies. |
| Habich GmbH, Weitenegg 5, A-3652 Leiben, Austria | REACH/20/7/1 |
| Henkel Global Supply Chain B.V., Gustav Mahlerlaan 2970, 1081 LA Amsterdam, Netherlands | REACH/20/7/2 |
| Indestructible Paint Ltd., 16-25 Pentos Drive, B11 3TA Birmingham, West Midlands, United Kingdom | REACH/20/7/3 |
| Finalin GmbH, Georg-Wilhelm-Straße 189 21107 Hamburg, Germany | REACH/20/7/4 |
| Mapaero, 10 Avenue de la Rijole, 09100 Pamiers, France | REACH/20/7/5 |
| PPG Europe B.V., Amsterdamseweg 14, 1422 AD Uithoorn, Netherlands | REACH/20/7/6 |
| PPG Industries (UK) Ltd., Needham Road, IP14 2AD Stowmarket, United Kingdom | REACH/20/7/7 |
| PPG Coatings SA, 7, allee de la Plaine 76700, Gonfreville l’Orcher, France | REACH/20/7/8 |
| Aviall Services Inc., Schillingweg 40 2153PL Nieuw-Vennep, Noord-Holland, Netherlands | REACH/20/7/9 |
| Akzo Nobel Car Refinishes B.V.; Rijksstraatweg 31, 2170 AB Sassenheim, Netherlands | REACH/20/7/10 | Application of primers and specialty coatings in the construction of aerospace and aeronautical parts, including aeroplanes/helicopters, spacecraft, satellites, launchers, engines, and for the maintenance of such constructions for the aerospace sector in which any of the following key functionalities is required: corrosion resistance,adhesion of paint/compatibility with binder system, layer thickness, chemical resistance, temperature resistance (thermal shock resistance), compatibility with substrate or processing temperatures |
| Habich GmbH, Weitenegg 5, A-3652 Leiben, Austria | REACH/20/7/11 |
| Henkel Global Supply Chain B.V., Gustav Mahlerlaan 2970, 1081 LA Amsterdam, Netherlands | REACH/20/7/12 |
| Indestructible Paint Ltd., 16-25 Pentos Drive, B11 3TA Birmingham, West Midlands, United Kingdom | REACH/20/7/13 |
| Finalin GmbH, Georg-Wilhelm-Straße 189 21107 Hamburg, Germany | REACH/20/7/14 | |
| Mapaero, 10 Avenue de la Rijole, 09100 Pamiers, France | REACH/20/7/15 |
| PPG Europe B.V., Amsterdamseweg 14, 1422 AD Uithoorn, Netherlands | REACH/20/7/16 |
| PPG Industries (UK) Ltd., Needham Road, IP14 2AD Stowmarket, United Kingdom | REACH/20/7/17 |
| PPG Coatings SA, 7, allee de la Plaine 76700, Gonfreville l’Orcher, France | REACH/20/7/18 |
| Aviall Services Inc., Schillingweg 40 2153PL Nieuw-Vennep, Noord-Holland, Netherlands | REACH/20/7/19 |

Reference of the decision  (2)

Date of decision

Substance name

Holder of the authorisation

Authorisation number

Authorised use

Date of expiry of review period

Reasons for the decision

C(2020) 2076

16 April 2020

Strontium chromate

EC No 232-142-6, CAS No 7789-06-2

Akzo Nobel Car Refinishes B.V.; Rijksstraatweg 31, 2170 AB Sassenheim, Netherlands

REACH/20/7/0

Formulation of mixtures intended exclusively for uses REACH/20/7/10 to REACH/20/7/19.

22 January 2026

In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health from the uses of the substance and there are no suitable alternative substances or technologies.

Habich GmbH, Weitenegg 5, A-3652 Leiben, Austria

REACH/20/7/1

Henkel Global Supply Chain B.V., Gustav Mahlerlaan 2970, 1081 LA Amsterdam, Netherlands

REACH/20/7/2

Indestructible Paint Ltd., 16-25 Pentos Drive, B11 3TA Birmingham, West Midlands, United Kingdom

REACH/20/7/3

Finalin GmbH, Georg-Wilhelm-Straße 189 21107 Hamburg, Germany

REACH/20/7/4

Mapaero, 10 Avenue de la Rijole, 09100 Pamiers, France

REACH/20/7/5

PPG Europe B.V., Amsterdamseweg 14, 1422 AD Uithoorn, Netherlands

REACH/20/7/6

PPG Industries (UK) Ltd., Needham Road, IP14 2AD Stowmarket, United Kingdom

REACH/20/7/7

PPG Coatings SA, 7, allee de la Plaine 76700, Gonfreville l’Orcher, France

REACH/20/7/8

Aviall Services Inc., Schillingweg 40 2153PL Nieuw-Vennep, Noord-Holland, Netherlands

REACH/20/7/9

Akzo Nobel Car Refinishes B.V.; Rijksstraatweg 31, 2170 AB Sassenheim, Netherlands

REACH/20/7/10

Application of primers and specialty coatings in the construction of aerospace and aeronautical parts, including aeroplanes/helicopters, spacecraft, satellites, launchers, engines, and for the maintenance of such constructions for the aerospace sector in which any of the following key functionalities is required: corrosion resistance,adhesion of paint/compatibility with binder system, layer thickness, chemical resistance, temperature resistance (thermal shock resistance), compatibility with substrate or processing temperatures

Habich GmbH, Weitenegg 5, A-3652 Leiben, Austria

REACH/20/7/11

Henkel Global Supply Chain B.V., Gustav Mahlerlaan 2970, 1081 LA Amsterdam, Netherlands

REACH/20/7/12

Indestructible Paint Ltd., 16-25 Pentos Drive, B11 3TA Birmingham, West Midlands, United Kingdom

REACH/20/7/13

Finalin GmbH, Georg-Wilhelm-Straße 189 21107 Hamburg, Germany

REACH/20/7/14

Mapaero, 10 Avenue de la Rijole, 09100 Pamiers, France

REACH/20/7/15

PPG Europe B.V., Amsterdamseweg 14, 1422 AD Uithoorn, Netherlands

REACH/20/7/16

PPG Industries (UK) Ltd., Needham Road, IP14 2AD Stowmarket, United Kingdom

REACH/20/7/17

PPG Coatings SA, 7, allee de la Plaine 76700, Gonfreville l’Orcher, France

REACH/20/7/18

Aviall Services Inc., Schillingweg 40 2153PL Nieuw-Vennep, Noord-Holland, Netherlands

REACH/20/7/19

---

(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 23.4.2020 | EN | Official Journal of the European Union | C 132/8 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/8

---

State aid – Decision to raise no objections

(2020/C 132/06)

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

| Date of adoption of the decision: | 10 February 2020 |
| --- | --- |
| Case No: | 84717 |
| Decision No: | 006/20/COL |
| EFTA State: | Norway |
| Title (and/or name of the beneficiary): | Temporary prolongation of production grant scheme for news and current affairs media |
| Legal basis: | Regulation No 333 of 25 March 2014 on production grants for news and current affairs media |
| Type of measure: | Scheme |
| Objective: | Media diversity and plurality |
| Form of aid: | Grant |
| Budget: | NOK 358 million |
| Duration | 31 December 2020 |
| Economic sectors: | Media |
| Name and address of the granting authority: | The Norwegian Media Authority
  Nygata 4
  Fredrikstad
  NORWAY |

Date of adoption of the decision:

10 February 2020

Case No:

84717

Decision No:

006/20/COL

EFTA State:

Norway

Title (and/or name of the beneficiary):

Temporary prolongation of production grant scheme for news and current affairs media

Legal basis:

Regulation No 333 of 25 March 2014 on production grants for news and current affairs media

Type of measure:

Scheme

Objective:

Media diversity and plurality

Form of aid:

Grant

Budget:

NOK 358 million

Duration

31 December 2020

Economic sectors:

Media

Name and address of the granting authority:

The Norwegian Media Authority

Nygata 4

Fredrikstad

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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V Announcements

COURT PROCEEDINGS

EFTA Court

| 23.4.2020 | EN | Official Journal of the European Union | C 132/9 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/9

---

JUDGMENT OF THE COURT

of 4 February 2020

in Case E-5/19 –

Criminal proceedings against F and G

(Directive 2003/6/EC – Market manipulation – Harmonisation – Real transactions – False and misleading signals – Securing the price at an abnormal or artificial level – Legitimate reasons – Dissemination of information)

(2020/C 132/07)

In Case E-5/19, Criminal proceedings against F and G – 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 by Borgarting Court of Appeal (Borgarting lagmannsrett) concerning the interpretation of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse), Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen and Bernd Hammermann, Judges, gave judgment on 4 February 2020, the operative part of which is as follows:

| 1. | Transactions that are executed, transferring expense and risk with full effect between independent parties, and correctly reported to the market, may be capable of giving false or misleading signals as to supply of, demand for or price of financial instruments, within the meaning of the first indent of Article 1(2)(a) of Directive 2003/6/EC. An assessment of whether market manipulation under the first indent of Article 1(2)(a) of Directive 2003/6/EC has occurred must be based on objective factors and consideration of the results of transactions and their effect. However, in examining whether a transaction conveys false or misleading signals, the real interest in buying and selling the security in question may support a finding of such objective factors. |
| --- | --- |

1.

Transactions that are executed, transferring expense and risk with full effect between independent parties, and correctly reported to the market, may be capable of giving false or misleading signals as to supply of, demand for or price of financial instruments, within the meaning of the first indent of Article 1(2)(a) of Directive 2003/6/EC. An assessment of whether market manipulation under the first indent of Article 1(2)(a) of Directive 2003/6/EC has occurred must be based on objective factors and consideration of the results of transactions and their effect. However, in examining whether a transaction conveys false or misleading signals, the real interest in buying and selling the security in question may support a finding of such objective factors.

| 2. | It is not compatible with the second indent of Article 1(2)(a) of Directive 2003/6/EC for the determination of whether a price is at an ‘abnormal’ or ‘artificial’ level to be made on the basis of the individual prerequisites for the investor executing a transaction.
  The determination of an ‘abnormal’ or ‘artificial’ price within the meaning of the second indent of Article 1(2)(a) of Directive 2003/6/EC may be established on the basis of an individual transaction. It is for the referring court to assess and determine which signals and factors are relevant for its assessment. Such factors may include comparisons with previously reported prices and changes in trading and market conditions, both in terms of the relevant market, the financial instrument and its issuer.
  A price can be secured within the meaning of the second indent of Article 1(2)(a) of Directive 2003/6/EC in a transaction involving a security that is not traded in an auction mechanism, but that has come into being through direct negotiations between two of several brokerage houses. It is for the referring court to determine whether the price has been secured, taking into account factors such as the nature and type of the market in question, including the type and pricing of financial instrument traded on the market, whether the market and the relevant financial instrument is characterised by low liquidity in trading, as well as the information available to market participants, including the means by which information on trades is made available. |
| --- | --- |

2.

It is not compatible with the second indent of Article 1(2)(a) of Directive 2003/6/EC for the determination of whether a price is at an ‘abnormal’ or ‘artificial’ level to be made on the basis of the individual prerequisites for the investor executing a transaction.

The determination of an ‘abnormal’ or ‘artificial’ price within the meaning of the second indent of Article 1(2)(a) of Directive 2003/6/EC may be established on the basis of an individual transaction. It is for the referring court to assess and determine which signals and factors are relevant for its assessment. Such factors may include comparisons with previously reported prices and changes in trading and market conditions, both in terms of the relevant market, the financial instrument and its issuer.

A price can be secured within the meaning of the second indent of Article 1(2)(a) of Directive 2003/6/EC in a transaction involving a security that is not traded in an auction mechanism, but that has come into being through direct negotiations between two of several brokerage houses. It is for the referring court to determine whether the price has been secured, taking into account factors such as the nature and type of the market in question, including the type and pricing of financial instrument traded on the market, whether the market and the relevant financial instrument is characterised by low liquidity in trading, as well as the information available to market participants, including the means by which information on trades is made available.

| 3. | Reasons related to uncovering the market situation as to supply of, demand for, and price of a financial instrument, or taking advantage of other investors’ uncertainty in this regard, can, in principle, constitute legitimate reasons within the meaning of the second subparagraph of Article 1(2)(a) of Directive 2003/6/EC. This is provided that they are not contrary to the objectives of the Directive. This is for the national court to assess in light of the investor’s behaviour as a whole. It is also for the national court to assess whether an accepted market practice, applicable to the market and financial instrument in question, exists. Both the condition of a legitimate reason and the transaction’s conformity with an accepted market practice need to be fulfilled for an investor to benefit from the defence in the second subparagraph of Article 1(2)(a). |
| --- | --- |

3.

Reasons related to uncovering the market situation as to supply of, demand for, and price of a financial instrument, or taking advantage of other investors’ uncertainty in this regard, can, in principle, constitute legitimate reasons within the meaning of the second subparagraph of Article 1(2)(a) of Directive 2003/6/EC. This is provided that they are not contrary to the objectives of the Directive. This is for the national court to assess in light of the investor’s behaviour as a whole. It is also for the national court to assess whether an accepted market practice, applicable to the market and financial instrument in question, exists. Both the condition of a legitimate reason and the transaction’s conformity with an accepted market practice need to be fulfilled for an investor to benefit from the defence in the second subparagraph of Article 1(2)(a).

| 4. | It is not compatible with Article 1(2)(c) of Directive 2003/6/EC to consider information to be disseminated where, in a situation such as that at issue in the main proceedings, an investor has given information regarding a potential transaction to a broker in order for it to be passed on to one or more other investors in the market, or the broker actually has passed on such information. |
| --- | --- |

4.

It is not compatible with Article 1(2)(c) of Directive 2003/6/EC to consider information to be disseminated where, in a situation such as that at issue in the main proceedings, an investor has given information regarding a potential transaction to a broker in order for it to be passed on to one or more other investors in the market, or the broker actually has passed on such information.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 23.4.2020 | EN | Official Journal of the European Union | C 132/11 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/11

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Notice to economic operators

New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

(2020/C 132/08)

Economic operators are informed that the Commission has received requests in accordance with the administrative arrangements foreseen in the Commission Communication concerning autonomous tariff suspensions and quotas (2011/C 363/02) (1) for the January round of 2021.

The list of the products for which a duty suspension is requested is now available on the Commission’s thematic (Europa) website on the customs union (2).

Economic operators are also informed that the deadline for objections against new requests to reach the Commission, via the national administrations, is 19 June 2020 which is the date of the second scheduled meeting of the Economic Tariff Questions Group.

Interested operators are advised to consult the list regularly in order to be informed on the status as the requests.

More information on the autonomous tariff suspension procedure can be found on the Europa website:

http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/suspensions/index_en.htm

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(1)  OJ C 363, 13.12.2011, p. 6.

(2)  http://ec.europa.eu/taxation_customs/dds2/susp/susp_home.jsp?Lang=en

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| 23.4.2020 | EN | Official Journal of the European Union | C 132/12 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/12

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Prior notification of a concentration

(Case M.9554 – Elanco Animal Health/Bayer Animal Health Division)

(Text with EEA relevance)

(2020/C 132/09)

1.

This notification concerns the following undertakings:

| — | Elanco Animal Health Inc. (USA) (‘Elanco’), |
| --- | --- |

—

Elanco Animal Health Inc. (USA) (‘Elanco’),

| — | Bayer AG’s animal health business (‘BAH’), controlled by Bayer AG (Germany) (‘Bayer’). |
| --- | --- |

—

Bayer AG’s animal health business (‘BAH’), controlled by Bayer AG (Germany) (‘Bayer’).

Elanco acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of BAH.

The concentration is accomplished by way of purchase of shares.

2.

| — | for Elanco: Elanco is an animal health company that develops, manufactures and markets products for companion and production animals worldwide, |
| --- | --- |

—

for Elanco: Elanco is an animal health company that develops, manufactures and markets products for companion and production animals worldwide,

| — | for BAH: BAH comprises Bayer’s animal health business and is active in the development, production and marketing of products for companion and production animals worldwide. |
| --- | --- |

—

for BAH: BAH comprises Bayer’s animal health business and is active in the development, production and marketing of products for companion and production animals worldwide.

3.

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

4.

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

M.9554 – Elanco Animal Health/Bayer Animal Health Division

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

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| 23.4.2020 | EN | Official Journal of the European Union | C 132/13 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/13

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Prior notification of a concentration

(Case M.9822 – Bridgepoint/Groupe Financière CEP)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 132/10)

1.

This notification concerns the following undertakings:

| — | Bridgepoint SAS (‘Bridgepoint’, France), |
| --- | --- |

—

Bridgepoint SAS (‘Bridgepoint’, France),

| — | Groupe Financière CEP and its subsidiaries (‘CEP’, France). |
| --- | --- |

—

Groupe Financière CEP and its subsidiaries (‘CEP’, France).

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

The concentration is accomplished by way of purchase of securities.

2.

| — | Bridgepoint: a private equity investment firm that, via its subsidiaries, manages and advises a number of investment funds with direct or indirect shareholdings in many operating companies worldwide, |
| --- | --- |

—

Bridgepoint: a private equity investment firm that, via its subsidiaries, manages and advises a number of investment funds with direct or indirect shareholdings in many operating companies worldwide,

| — | CEP: a group active mainly in credit insurance brokerage and mortgage credit brokerage. |
| --- | --- |

—

CEP: a group active mainly in credit insurance brokerage and mortgage credit brokerage.

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 no later than ten days following the date on which this notification is published. The following reference should always be specified:

M.9822 – Bridgepoint/Groupe Financière CEP

Observations can be sent to the Commission by e-mail, 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

---

(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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| 23.4.2020 | EN | Official Journal of the European Union | C 132/14 |
| --- | --- | --- | --- |

23.4.2020

EN

Official Journal of the European Union

C 132/14

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Prior notification of a concentration

(Case M.9840 – Macquarie/Fresco International)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 132/11)

1.

This notification concerns the following undertakings:

| — | Macquarie European Infrastructure Fund 4 LP (‘MEIF 4’) (the United Kingdom), ultimately controlled by Macquarie Group Limited (‘Macquarie’) (Australia), |
| --- | --- |

—

Macquarie European Infrastructure Fund 4 LP (‘MEIF 4’) (the United Kingdom), ultimately controlled by Macquarie Group Limited (‘Macquarie’) (Australia),

| — | Fresco International S.à.r.l (‘Fresco International’) (Luxembourg), currently jointly indirectly controlled by Macquarie and Kuwait Investment Authority (‘KIA’) (Kuwait). |
| --- | --- |

—

Fresco International S.à.r.l (‘Fresco International’) (Luxembourg), currently jointly indirectly controlled by Macquarie and Kuwait Investment Authority (‘KIA’) (Kuwait).

MEIF 4 acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fresco International.

The concentration is accomplished by way of purchase of shares.

2.

| — | for Macquarie: Macquarie is an investment company with interests in a number of companies in various industry sectors, including but not limited to interests in energy utilities in Europe, |
| --- | --- |

—

for Macquarie: Macquarie is an investment company with interests in a number of companies in various industry sectors, including but not limited to interests in energy utilities in Europe,

| — | for Fresco International: Fresco International is the holding company of the Viesgo Group. The Viesgo Group is incorporated in Spain, with interests in an electricity distribution network in Spain and electricity generation assets in both Spain and Portugal. Fresco International is currently jointly indirectly controlled by Macquarie and KIA. |
| --- | --- |

—

for Fresco International: Fresco International is the holding company of the Viesgo Group. The Viesgo Group is incorporated in Spain, with interests in an electricity distribution network in Spain and electricity generation assets in both Spain and Portugal. Fresco International is currently jointly indirectly controlled by Macquarie and KIA.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

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

M.9840 – Macquarie/Fresco International

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

---

(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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