# Official Journal C 23/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 23 |
| | |
| English edition | Information and Notices | Volume 6024 January 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 23

English edition

Information and Notices

Volume 6024 January 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 23/01 | Euro exchange rates | 1 |
| 2017/C 23/02 | 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
  ) | 2 |
| 2017/C 23/03 | New national side of euro coins intended for circulation | 3 |
| 2017/C 23/04 | New national side of euro coins intended for circulation | 4 |
| 2017/C 23/05 | New national side of euro coins intended for circulation | 5 |
| 2017/C 23/06 | New national sides of euro circulation coins | 6 |
| 2017/C 23/07 | New national side of euro coins intended for circulation | 7 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 23/01

Euro exchange rates

1

2017/C 23/02

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

2

2017/C 23/03

New national side of euro coins intended for circulation

3

2017/C 23/04

New national side of euro coins intended for circulation

4

2017/C 23/05

New national side of euro coins intended for circulation

5

2017/C 23/06

New national sides of euro circulation coins

6

2017/C 23/07

New national side of euro coins intended for circulation

7

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 23/08 | Prior notification of a concentration (Case M.8237 — Johnson & Johnson/Abbott Medical Optics) (
  1
  ) | 8 |
| 2017/C 23/09 | Prior notification of a concentration (Case M.8190 — Weichai/Kion) (
  1
  ) | 9 |
| | OTHER ACTS |
| | European Commission |
| 2017/C 23/10 | Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Member State | 10 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 23/08

Prior notification of a concentration (Case M.8237 — Johnson & Johnson/Abbott Medical Optics) (
  1
  )

1

8

2017/C 23/09

Prior notification of a concentration (Case M.8190 — Weichai/Kion) (
  1
  )

1

9

OTHER ACTS

European Commission

2017/C 23/10

Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Member State

10

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

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(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 24.1.2017 | EN | Official Journal of the European Union | C 23/1 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/1

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Euro exchange rates (1)

23 January 2017

(2017/C 23/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0715 |
| JPY | Japanese yen | 121,72 |
| DKK | Danish krone | 7,4362 |
| GBP | Pound sterling | 0,86148 |
| SEK | Swedish krona | 9,5113 |
| CHF | Swiss franc | 1,0727 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9940 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,027 |
| HUF | Hungarian forint | 309,82 |
| PLN | Polish zloty | 4,3719 |
| RON | Romanian leu | 4,4978 |
| TRY | Turkish lira | 4,0574 |
| AUD | Australian dollar | 1,4157 |
| CAD | Canadian dollar | 1,4266 |
| HKD | Hong Kong dollar | 8,3124 |
| NZD | New Zealand dollar | 1,4893 |
| SGD | Singapore dollar | 1,5229 |
| KRW | South Korean won | 1 251,67 |
| ZAR | South African rand | 14,5258 |
| CNY | Chinese yuan renminbi | 7,3436 |
| HRK | Croatian kuna | 7,5058 |
| IDR | Indonesian rupiah | 14 319,05 |
| MYR | Malaysian ringgit | 4,7553 |
| PHP | Philippine peso | 53,514 |
| RUB | Russian rouble | 63,7875 |
| THB | Thai baht | 37,824 |
| BRL | Brazilian real | 3,3873 |
| MXN | Mexican peso | 22,9436 |
| INR | Indian rupee | 73,0330 |

Currency

Exchange rate

USD

US dollar

1,0715

JPY

Japanese yen

121,72

DKK

Danish krone

7,4362

GBP

Pound sterling

0,86148

SEK

Swedish krona

9,5113

CHF

Swiss franc

1,0727

ISK

Iceland króna

NOK

Norwegian krone

8,9940

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,027

HUF

Hungarian forint

309,82

PLN

Polish zloty

4,3719

RON

Romanian leu

4,4978

TRY

Turkish lira

4,0574

AUD

Australian dollar

1,4157

CAD

Canadian dollar

1,4266

HKD

Hong Kong dollar

8,3124

NZD

New Zealand dollar

1,4893

SGD

Singapore dollar

1,5229

KRW

South Korean won

1 251,67

ZAR

South African rand

14,5258

CNY

Chinese yuan renminbi

7,3436

HRK

Croatian kuna

7,5058

IDR

Indonesian rupiah

14 319,05

MYR

Malaysian ringgit

4,7553

PHP

Philippine peso

53,514

RUB

Russian rouble

63,7875

THB

Thai baht

37,824

BRL

Brazilian real

3,3873

MXN

Mexican peso

22,9436

INR

Indian rupee

73,0330

---

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

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| 24.1.2017 | EN | Official Journal of the European Union | C 23/2 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/2

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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)

(2017/C 23/02)

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(2017) 69 | 17 January 2017 | Trichloroethylene
  EC No 201-167-4
  CAS No 79-01-6 | DOMO Caproleuna GmbH, Bau 3421, Am Haupttor, 06237 Leuna, Germany | REACH/16/8/0 | Use as extraction solvent for the purification of caprolactam from the caprolactam oil | 21 April 2023 | In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health arising from the use of the substance and there are no suitable alternative substances or technologies in terms of their technical and economic feasibility. |

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(2017) 69

17 January 2017

Trichloroethylene

EC No 201-167-4

CAS No 79-01-6

DOMO Caproleuna GmbH, Bau 3421, Am Haupttor, 06237 Leuna, Germany

REACH/16/8/0

Use as extraction solvent for the purification of caprolactam from the caprolactam oil

21 April 2023

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

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(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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| 24.1.2017 | EN | Official Journal of the European Union | C 23/3 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/3

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New national side of euro coins intended for circulation

(2017/C 23/03)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Slovakia

Subject of commemoration
  : The 550th anniversary of the University Istropolitana

Description of the design
  : The design shows the figure of a teacher and two students positioned before the facade of the building of the former Universitas Istropolitana in Bratislava. In the upper left of the design is a medallion of King Matthias Corvinus, the founder of the university. Above the medallion is the inscription ‘1467’, the year in which the university was opened. The country of issuance ‘SLOVENSKO’ appears at the base of the inner circle, above the year of issuance ‘2017’. Along the left edge of the inner circle is the inscription ‘UNIVERZITA’, and along the right edge ‘ISTROPOLITANA’. In the lower left of the design is the mint mark of the Kremnica Mint (Mincovňa Kremnica), consisting of the initials ‘MK’ placed between two dies. Below the mint mark are the stylised letters ‘MP’, the initials of the designer, Mária Poldaufová.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued
  :

Date of issue
  : January 2017

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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| 24.1.2017 | EN | Official Journal of the European Union | C 23/4 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/4

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New national side of euro coins intended for circulation

(2017/C 23/04)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Germany

Subject of commemoration
  : Rhineland-Palatinate (‘Federal States’ (Bundesländer) series)

Description of the design
  : The design shows the Porta Nigra in Trier which is probably the best-preserved Roman city gate north of the Alps.

The inner part also features the name ‘RHEINLAND-PFALZ’ and the issuing country’s code ‘D’ at the bottom. The mint mark of the respective mint (‘A’, ‘D’, ‘F’, ‘G’ or ‘J’) appears at the left and the year ‘2017’ appears at the top. At the right, the initials of the designer ‘CH’ (Chocola Frantisek).

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued
  : 30 million

Date of issue
  : January/February 2017

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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| 24.1.2017 | EN | Official Journal of the European Union | C 23/5 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/5

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New national side of euro coins intended for circulation

(2017/C 23/05)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuance of euro coins are authorised to issue commemorative euro coins intended for circulation, provided that certain conditions are met, one of these being that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : France

Subject of commemoration
  : Centenary of Auguste Rodin

Description of the design
  : For the 100th anniversary of his passing away, Monnaie de Paris pays tribute to the illustrious French sculptor Auguste Rodin. Born in 1840, he is one of the major icons of the realistic style. His works such as The Thinker, The Kiss, The Hell’s Door or The Calais’ Bourgeois remain timeless masterpieces of the world sculpture.

The design represents Auguste Rodin and The Thinker, his best known work, like forehead to forehead. The RF mention standing for République Française is drawn as sculpted on the top of the coin. The name of the artist ‘A. Rodin’ and the relevant dates ‘1917-2017’ are inscribed in his beard.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued
  : 10 million coins

Date of issue
  :

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(1)  See OJ C 373, 28.12.2001, p. 1, for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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| 24.1.2017 | EN | Official Journal of the European Union | C 23/6 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/6

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New national sides of euro circulation coins

(2017/C 23/06)

Euro circulation coins have legal tender status throughout the euro area. The Commission publishes all new euro coin designs (1) with a view to informing all parties required to handle coins in the course of their work as well as the public at large.

| | | | |
| --- | --- | --- | --- |
| 1 euro cent | 2 euro cent | 5 euro cent | 10 euro cent |
| | | | |
| 20 euro cent | 50 euro cent | 1 euro | 2 euro |

Image

Image

Image

Image

1 euro cent

2 euro cent

5 euro cent

10 euro cent

Image

Image

Image

Image

20 euro cent

50 euro cent

1 euro

2 euro

Issuing country:

  Vatican City State

Date of issue:

  March 2017

Description of the designs
  The designs feature the coat of arms of the Sovereign of the Vatican City State, Pope Francis. The mintmark ‘R’ appears at the botoom left and the year of issuance ‘2017’ at the bottom right.

The coins’ outer ring depicts the 12 stars of the European flag.

The edge-lettering of the 2-euro coin is: 2 *, repeated six times, alternately upright and inverted.

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(1)  See OJ C 373, 28.12.2001, p. 1, OJ C 254, 20.10.2006, p. 6 and OJ C 248, 23.10.2007, p. 8 for a reference to the other euro coins.

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| 24.1.2017 | EN | Official Journal of the European Union | C 23/7 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/7

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New national side of euro coins intended for circulation

(2017/C 23/07)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Luxembourg

Subject of commemoration
  : The 50th anniversary of the voluntariness of the Luxembourg army

Description of the design
  : The design shows on the right hand the effigy of His Royal Highness, the Grand-Duke Henri, looking to the right and on the left hand the text ‘50 Joer Fräiwëllegen-Arméi’ composed as logo. At the top of the design is depicted the year-date ‘2017’, flanked by the mintmark and the initials of the Mintmaster. At the bottom appears the name of the issuing country ‘LËTZEBUERG’.

The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued
  :

Date of issue
  : January 2017

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 24.1.2017 | EN | Official Journal of the European Union | C 23/8 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/8

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Prior notification of a concentration

(Case M.8237 — Johnson & Johnson/Abbott Medical Optics)

(Text with EEA relevance)

(2017/C 23/08)

| 1. | On 17 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Johnson & Johnson (‘J&J’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Abbott Medical Optics Inc. (‘AMO’, United States) by way of purchase of shares. |
| --- | --- |

1.

On 17 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Johnson & Johnson (‘J&J’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Abbott Medical Optics Inc. (‘AMO’, United States) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for J&J: the provision of pharmaceutical products, medical devices and consumer healthcare products through a global group of companies,
  —   for AMO: the global provision of medical devices for cataract and refractive surgery as well as ophthalmic healthcare products. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for J&J: the provision of pharmaceutical products, medical devices and consumer healthcare products through a global group of companies,

—   for AMO: the global provision of medical devices for cataract and refractive surgery as well as ophthalmic healthcare products.

| 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. |
| --- | --- |

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 M.8237 — Johnson & Johnson/Abbott Medical Optics, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8237 — Johnson & Johnson/Abbott Medical Optics, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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| 24.1.2017 | EN | Official Journal of the European Union | C 23/9 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/9

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Prior notification of a concentration

(Case M.8190 — Weichai/Kion)

(Text with EEA relevance)

(2017/C 23/09)

| 1. | On 11 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Weichai Power Co. Ltd (‘Weichai’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Kion Group AG (‘Kion’, Germany) by way of purchase of securities. |
| --- | --- |

1.

On 11 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Weichai Power Co. Ltd (‘Weichai’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Kion Group AG (‘Kion’, Germany) by way of purchase of securities.

| 2. | The business activities of the undertakings concerned are:
  —   for Weichai: automotive and equipment manufacturing in three main business segments: (i) power assembly (engines, gear boxes and axles); (ii) commercial vehicles; and (iii) automobile electronics and parts.
  —   for Kion: manufacturing of forklift trucks, warehouse equipment, and other industrial trucks. Kion operates on a worldwide basis and offers a full spectrum of forklift trucks in terms of size and lifting capacity, including internal combustion trucks and electric trucks as well as warehouse equipment. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Weichai: automotive and equipment manufacturing in three main business segments: (i) power assembly (engines, gear boxes and axles); (ii) commercial vehicles; and (iii) automobile electronics and parts.

—   for Kion: manufacturing of forklift trucks, warehouse equipment, and other industrial trucks. Kion operates on a worldwide basis and offers a full spectrum of forklift trucks in terms of size and lifting capacity, including internal combustion trucks and electric trucks as well as warehouse equipment.

| 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. |
| --- | --- |

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 M.8190 — Weichai/Kion to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8190 — Weichai/Kion to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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OTHER ACTS

European Commission

| 24.1.2017 | EN | Official Journal of the European Union | C 23/10 |
| --- | --- | --- | --- |

24.1.2017

EN

Official Journal of the European Union

C 23/10

---

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

Request made by a Member State

(2017/C 23/10)

On 2 November 2016 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request is 3 November 2016.

This request, made by the Czech Republic, concerns activities in the market for retail of electricity and gas in the Czech Republic.

Article 34 of Directive 2014/25/EU provides that ‘contracts intended to enable an activity mentioned in Articles 8 to 14 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 35 can demonstrate that, in the Member State in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive’. The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is without prejudice to the full-fledged application of competition law.

The Commission is allowed a period of 105 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 6 April 2017.

According to Article 35(5) of Directive 2014/25/EU, further requests concerning retail of electricity and gas in the Czech Republic before the expiry of the period opened in respect of this request shall not be considered as new procedures and shall be treated in the context of this request.

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(1)  OJ L 94, 28.3.2014, p. 243.

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