# Official Journal C 425/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 425 |
| | |
| English edition | Information and Notices | Volume 6126 November 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 425

English edition

Information and Notices

Volume 6126 November 2018

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| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 425/01 | Non-opposition to a notified concentration (Case M.8823 — Neste/Demeter Animal Fats and Proteins) (
  1
  ) | 1 |
| 2018/C 425/02 | Communication from the Commission — Approval of the content of a draft Commission Regulation amending Regulation (EU)No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 425/01

Non-opposition to a notified concentration (Case M.8823 — Neste/Demeter Animal Fats and Proteins) (
  1
  )

1

1

2018/C 425/02

Communication from the Commission — Approval of the content of a draft Commission Regulation amending Regulation (EU)No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector

de minimis

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 425/03 | Euro exchange rates | 12 |
| | NOTICES FROM MEMBER STATES |
| 2018/C 425/04 | Communication from the Minister for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 13 |
| 2018/C 425/05 | Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 14 |
| 2018/C 425/06 | Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  ) | 15 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 425/03

Euro exchange rates

12

NOTICES FROM MEMBER STATES

2018/C 425/04

Communication from the Minister for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

13

2018/C 425/05

Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

14

2018/C 425/06

Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  )

1

15

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 425/07 | Prior notification of a concentration (Case M.9094 — Amcor/Bemis) (
  1
  ) | 16 |
| 2018/C 425/08 | Prior notification of a concentration (Case M.9127 — Carlyle/Sedgwick) (
  1
  ) | 17 |
| 2018/C 425/09 | Prior notification of a concentration (Case M.9159 — CVC/MUFG/Ngern Tid Lor) — Candidate case for simplified procedure (
  1
  ) | 18 |
| 2018/C 425/10 | Prior notification of a concentration (Case M.9158 — SoftBank/Toyota Motor Corporation/MONET Technologies JV) — Candidate case for simplified procedure (
  1
  ) | 19 |
| 2018/C 425/11 | Prior notification of a concentration (Case M.9123 — ADM/Neovia) — Candidate case for simplified procedure (
  1
  ) | 20 |
| 2018/C 425/12 | Prior notification of a concentration (Case M.9120 — Carlyle/Apollo) — Candidate case for simplified procedure (
  1
  ) | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 425/07

Prior notification of a concentration (Case M.9094 — Amcor/Bemis) (
  1
  )

1

16

2018/C 425/08

Prior notification of a concentration (Case M.9127 — Carlyle/Sedgwick) (
  1
  )

1

17

2018/C 425/09

Prior notification of a concentration (Case M.9159 — CVC/MUFG/Ngern Tid Lor) — Candidate case for simplified procedure (
  1
  )

1

18

2018/C 425/10

Prior notification of a concentration (Case M.9158 — SoftBank/Toyota Motor Corporation/MONET Technologies JV) — Candidate case for simplified procedure (
  1
  )

1

19

2018/C 425/11

Prior notification of a concentration (Case M.9123 — ADM/Neovia) — Candidate case for simplified procedure (
  1
  )

1

20

2018/C 425/12

Prior notification of a concentration (Case M.9120 — Carlyle/Apollo) — Candidate case for simplified procedure (
  1
  )

1

21

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.11.2018 | EN | Official Journal of the European Union | C 425/1 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/1

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Non-opposition to a notified concentration

(Case M.8823 — Neste/Demeter Animal Fats and Proteins)

(Text with EEA relevance)

(2018/C 425/01)

On 20 July 2018, 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 32018M8823. 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 32018M8823. EUR-Lex is the online access to European law.

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

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| 26.11.2018 | EN | Official Journal of the European Union | C 425/2 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/2

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Communication from the Commission — Approval of the content of a draft Commission Regulation amending Regulation (EU)No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector

(2018/C 425/02)

On 23 November 2018, the Commission approved the content of a draft Commission Regulation amending Regulation (EU) No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector.

The draft Commission Regulation is attached as an Annex to this Communication.

The draft Regulation proposes to amend Regulation (EU) No 1408/2013 with a view to define the ceilings per aid beneficiary as well as per Member State up to which the granting of aid in the agriculture sector does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union because it does not risk to distort competition.

Following a thorough analysis, the Commission has concluded that there is no risk of distortion of competition if the ceiling of aid that can be granted per aid beneficiary during any given period of three fiscal years is increased from currently EUR 15 000 to EUR 25 000, and the national ceiling applicable during the same period from currently 1 % to 1,5 % of the agricultural output of each Member State provided that no more than 50 % of the Member State’s ceiling is granted to one individual agricultural sector (‘sector spending cap’) and that the Member State runs a de minimis aid register that contains the necessary information to monitor the respect of these ceilings at any given moment of time.

However, the draft also provides for the possibility neither to introduce a sector spending cap nor a de minimis aid register. In order to ensure that in this case there is no risk of distortion of competition, the ceilings are fixed at EUR 20 000 per aid beneficiary during any given period of three fiscal years and to 1,25 % for the same period of the national agricultural output.

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ANNEX

DRAFT COMMISSION REGULATION (EU) .../...

of ...

amending Regulation (EU) No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(4) thereof,

Having regard to Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (1),

Having published a draft of this Regulation (2),

After consulting the Advisory Committee on State Aid,

Whereas:

| (1) | State funding meeting the criteria in Article 107(1) of the Treaty on the Functioning of the European Union (‘the Treaty’) constitutes State aid and requires notification to the Commission pursuant to Article 108(3) of the Treaty. However, in accordance with Article 109 thereof, the Council may determine categories of aid that are exempted from this notification requirement. In accordance with Article 108(4) of the Treaty, the Commission may adopt regulations relating to those categories of State aid. Pursuant to Regulation (EU) 2015/1588 and in accordance with Article 109 of the Treaty, the Council decided that de minimis aid could constitute one such category. On that basis, de minimis aid, being aid granted to a single undertaking over a given period of time that does not exceed a certain fixed amount, is deemed not to meet all the criteria laid down in Article 107(1) of the Treaty and is therefore not subject to the notification procedure. However, Member States should be reminded that, even if de minimis aid is considered not to constitute State aid, such aid should not entail a breach of EU law. |
| --- | --- |

(1)

State funding meeting the criteria in Article 107(1) of the Treaty on the Functioning of the European Union (‘the Treaty’) constitutes State aid and requires notification to the Commission pursuant to Article 108(3) of the Treaty. However, in accordance with Article 109 thereof, the Council may determine categories of aid that are exempted from this notification requirement. In accordance with Article 108(4) of the Treaty, the Commission may adopt regulations relating to those categories of State aid. Pursuant to Regulation (EU) 2015/1588 and in accordance with Article 109 of the Treaty, the Council decided that de minimis aid could constitute one such category. On that basis, de minimis aid, being aid granted to a single undertaking over a given period of time that does not exceed a certain fixed amount, is deemed not to meet all the criteria laid down in Article 107(1) of the Treaty and is therefore not subject to the notification procedure. However, Member States should be reminded that, even if de minimis aid is considered not to constitute State aid, such aid should not entail a breach of EU law.

| (2) | The Commission has adopted a number of regulations establishing rules on de minimis aid granted in the agriculture sector, the latest of which was Commission Regulation (EU) No 1408/2013 (3). |
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(2)

The Commission has adopted a number of regulations establishing rules on de minimis aid granted in the agriculture sector, the latest of which was Commission Regulation (EU) No 1408/2013 (3).

| (3) | In the light of the experience gained in applying Regulation (EU) No 1408/2013 and taking into account the variety of the use of de minimis aid in Member States, it is appropriate to adjust some of the conditions laid down therein. The maximum amount of aid to be granted to a single undertaking over a period of 3 years should be increased to EUR 20 000 and the national cap increased to 1,25 % of the annual output. |
| --- | --- |

(3)

In the light of the experience gained in applying Regulation (EU) No 1408/2013 and taking into account the variety of the use of de minimis aid in Member States, it is appropriate to adjust some of the conditions laid down therein. The maximum amount of aid to be granted to a single undertaking over a period of 3 years should be increased to EUR 20 000 and the national cap increased to 1,25 % of the annual output.

| (4) | Taking into account the increased need to use de minimis aid in some Member States, it is appropriate to allow for a further increase both of the maximum aid amount per single undertaking to EUR 25 000 and of the national cap to 1,5 % of the annual output, subject to additional conditions necessary to safeguard the proper functioning of the internal market. The experience gained over the first years of application of Regulation (EU) No 1408/2013 has shown that the concentration of de minimis aid in a certain product sector could lead to a potential distortion of competition and trade. Therefore, the prerequisite for using the higher individual ceiling and national cap should be the application of a sector cap preventing Member States from granting more than 50 % of the total cumulative amount of de minimis aid over any period of 3 fiscal years for measures that benefit only one specific product sector. The sector cap should ensure that any measure falling under Regulation (EU) No 1408/2013 can be deemed not to have any effect on trade between Member States and not to distort or threaten to distort competition. |
| --- | --- |

(4)

Taking into account the increased need to use de minimis aid in some Member States, it is appropriate to allow for a further increase both of the maximum aid amount per single undertaking to EUR 25 000 and of the national cap to 1,5 % of the annual output, subject to additional conditions necessary to safeguard the proper functioning of the internal market. The experience gained over the first years of application of Regulation (EU) No 1408/2013 has shown that the concentration of de minimis aid in a certain product sector could lead to a potential distortion of competition and trade. Therefore, the prerequisite for using the higher individual ceiling and national cap should be the application of a sector cap preventing Member States from granting more than 50 % of the total cumulative amount of de minimis aid over any period of 3 fiscal years for measures that benefit only one specific product sector. The sector cap should ensure that any measure falling under Regulation (EU) No 1408/2013 can be deemed not to have any effect on trade between Member States and not to distort or threaten to distort competition.

| (5) | Presently, it is optional for Member States to use a national central register to verify that neither the de minimis individual ceiling, nor the national cap is exceeded. However, the use of a central register would become necessary in those Member States that opt for a higher individual ceiling and national cap, given that the sector cap which is a prerequisite for that option calls for an even closer monitoring of the aid granted. Therefore, for such Member States it should be mandatory to set up and maintain a central register in order to keep a record of all de minimis aid granted, so as to be able to verify that neither the individual ceiling, nor the national or sector cap, are exceeded. |
| --- | --- |

(5)

Presently, it is optional for Member States to use a national central register to verify that neither the de minimis individual ceiling, nor the national cap is exceeded. However, the use of a central register would become necessary in those Member States that opt for a higher individual ceiling and national cap, given that the sector cap which is a prerequisite for that option calls for an even closer monitoring of the aid granted. Therefore, for such Member States it should be mandatory to set up and maintain a central register in order to keep a record of all de minimis aid granted, so as to be able to verify that neither the individual ceiling, nor the national or sector cap, are exceeded.

| (6) | The criteria for calculating the gross grant equivalent for loans and guarantees should be adjusted according to the increased de minimis ceilings. |
| --- | --- |

(6)

The criteria for calculating the gross grant equivalent for loans and guarantees should be adjusted according to the increased de minimis ceilings.

| (7) | It is necessary to allow Member States that opt to make use of the higher de minimis ceiling and national cap sufficient time for transition to set up their central registers for the monitoring of de minimis aid. |
| --- | --- |

(7)

It is necessary to allow Member States that opt to make use of the higher de minimis ceiling and national cap sufficient time for transition to set up their central registers for the monitoring of de minimis aid.

| (8) | Regulation (EU) No 1408/2013 expires on 31 December 2020. The time span would therefore be very short between the entry into force of this Regulation and the end of the period of application of Regulation (EU) No 1408/2013. For reasons of procedural economy and legal certainty, the period of application of Regulation (EU) No 1408/2013 should therefore be extended until 31 December 2027. |
| --- | --- |

(8)

Regulation (EU) No 1408/2013 expires on 31 December 2020. The time span would therefore be very short between the entry into force of this Regulation and the end of the period of application of Regulation (EU) No 1408/2013. For reasons of procedural economy and legal certainty, the period of application of Regulation (EU) No 1408/2013 should therefore be extended until 31 December 2027.

| (9) | Regulation (EU) No 1408/2013 should therefore be amended accordingly, |
| --- | --- |

(9)

Regulation (EU) No 1408/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1408/2013 is amended as follows:

| (1) | in Article 2, the following paragraphs are added:

  ‘3.   For the purposes of this Regulation, “product sector” means a sector listed in Article 1(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (*1).


  4.   For the purposes of this Regulation, “sector cap” means a maximum cumulative aid amount applying to aid measures which benefit only one single product sector, which corresponds to 50 % of the maximum amount of de minimis aid granted per Member State set out in Annex II.’;


  (*1)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671)." |
| --- | --- |

(1)

in Article 2, the following paragraphs are added:

‘3.   For the purposes of this Regulation, “product sector” means a sector listed in Article 1(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (*1).

4.   For the purposes of this Regulation, “sector cap” means a maximum cumulative aid amount applying to aid measures which benefit only one single product sector, which corresponds to 50 % of the maximum amount of de minimis aid granted per Member State set out in Annex II.’;

(*1)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671)."

*1

| (2) | Article 3 is replaced by the following:

  ‘Article 3
  De minimis aid

  1.   Aid measures shall be deemed not to meet all the criteria in Article 107(1) of the Treaty, and shall therefore be exempt from the notification requirement in Article 108(3) of the Treaty, if they fulfil the conditions laid down in this Regulation.


  2.   The total amount of de minimis aid granted per Member State to a single undertaking shall not exceed EUR 20 000 over any period of 3 fiscal years.


  3.   The cumulative amount of de minimis aid granted per Member State to undertakings active in the primary production of agricultural products over any period of 3 fiscal years shall not exceed the national cap set out in Annex I.


  3a.   By way of derogation from paragraphs 2 and 3, a Member State may decide that the total amount of de minimis aid granted to a single undertaking shall not exceed EUR 25 000 over any period of 3 fiscal years and that the total cumulative amount of de minimis aid granted over any period of 3 fiscal years shall not exceed the national cap set out in Annex II, subject to the following conditions:






  (a) | for aid measures which benefit only one single product sector, the total cumulative amount granted over any period of 3 fiscal years may not exceed the sector cap defined in Article 2(4); |
| --- | --- | --- |

(2)

Article 3 is replaced by the following:

‘Article 3

De minimis aid

1.   Aid measures shall be deemed not to meet all the criteria in Article 107(1) of the Treaty, and shall therefore be exempt from the notification requirement in Article 108(3) of the Treaty, if they fulfil the conditions laid down in this Regulation.

2.   The total amount of de minimis aid granted per Member State to a single undertaking shall not exceed EUR 20 000 over any period of 3 fiscal years.

3.   The cumulative amount of de minimis aid granted per Member State to undertakings active in the primary production of agricultural products over any period of 3 fiscal years shall not exceed the national cap set out in Annex I.

3a.   By way of derogation from paragraphs 2 and 3, a Member State may decide that the total amount of de minimis aid granted to a single undertaking shall not exceed EUR 25 000 over any period of 3 fiscal years and that the total cumulative amount of de minimis aid granted over any period of 3 fiscal years shall not exceed the national cap set out in Annex II, subject to the following conditions:

(a)

for aid measures which benefit only one single product sector, the total cumulative amount granted over any period of 3 fiscal years may not exceed the sector cap defined in Article 2(4);

| (b) | the Member State shall set up a national central register in accordance with the provisions laid down in Article 6(2). |
| --- | --- |

(b)

the Member State shall set up a national central register in accordance with the provisions laid down in Article 6(2).

4.   De minimis aid shall be deemed granted at the moment the legal right to receive the aid is conferred on the undertaking under the applicable national legal regime, irrespective of the date of payment of the de minimis aid to the undertaking.

5.   The de minimis ceilings and the national and sector caps referred to in paragraphs 2, 3 and 3a shall apply irrespective of the form of the de minimis aid or the objective pursued and regardless of whether the aid granted by the Member State is financed entirely or partly by resources of Union origin. The period of 3 fiscal years shall be determined by reference to the fiscal years used by the undertaking in the Member State concerned.

6.   For the purposes of the de minimis ceilings and the national and sector caps referred to in paragraphs 2, 3 and 3a, aid shall be expressed as a cash grant. All figures used shall be gross, that is, before any deduction of tax or other charge. Where aid is granted in a form other than a grant, the aid amount shall be the gross grant equivalent of the aid.

Aid payable in several instalments shall be discounted to its value at the moment it is granted. The interest rate to be used for discounting purposes shall be the discount rate applicable at the time the aid is granted.

7.   Where the de minimis ceilings, the national caps or the sector cap referred to in paragraphs 2, 3 and 3a would be exceeded by the grant of new de minimis aid, none of that new aid may benefit from this Regulation.

8.   In the case of mergers or acquisitions, all prior de minimis aid granted to any of the merging undertakings shall be taken into account in determining whether any new de minimis aid to the new or the acquiring undertaking exceeds the relevant de minimis ceilings, the relevant national cap or the sector cap. De minimis aid lawfully granted before the merger or acquisition shall remain lawful.

9.   If one undertaking splits into two or more separate undertakings, de minimis aid granted prior to the split shall be allocated to the undertaking that benefited from it, which is in principle the undertaking taking over the activities for which the de minimis aid was used. If such an allocation is not possible, the de minimis aid shall be allocated proportionately on the basis of the book value of the equity capital of the new undertakings at the effective date of the split.’;

| (3) | Article 4 is amended as follows:






  (a) | in paragraph 3, point (b) is replaced by the following:






  ‘(b) | for measures falling under Article 3(2), the loan is secured by collateral covering at least 50 % of the loan and the loan amounts to either EUR 100 000 over 5 years or EUR 50 000 over 10 years, or, for measures falling under Article 3(3a), to either EUR 125 000 over 5 years or EUR 62 500 over 10 years; if a loan is for less than those amounts and/or if it is granted for a period of less than 5 or 10 years respectively, the gross grant equivalent of that loan shall be calculated as a corresponding proportion of the de minimis ceilings laid down in Article 3(2) or (3a); or’; |
| --- | --- | --- | --- |

(3)

Article 4 is amended as follows:

(a)

in paragraph 3, point (b) is replaced by the following:

‘(b)

for measures falling under Article 3(2), the loan is secured by collateral covering at least 50 % of the loan and the loan amounts to either EUR 100 000 over 5 years or EUR 50 000 over 10 years, or, for measures falling under Article 3(3a), to either EUR 125 000 over 5 years or EUR 62 500 over 10 years; if a loan is for less than those amounts and/or if it is granted for a period of less than 5 or 10 years respectively, the gross grant equivalent of that loan shall be calculated as a corresponding proportion of the de minimis ceilings laid down in Article 3(2) or (3a); or’;

de minimis

| (b) | in paragraph 6, point (b) is replaced by the following:






  ‘(b) | for measures falling under Article 3(2), the guarantee does not exceed 80 % of the underlying loan and either the amount guaranteed is EUR 150 000 and the duration of the guarantee is 5 years or the amount guaranteed is EUR 75 000 and the duration of the guarantee is 10 years, or, for measures falling under Article 3(3a), the guarantee does not exceed 80 % of the underlying loan and either the amount guaranteed is EUR 187 500 and the duration of the guarantee is 5 years or the amount guaranteed is EUR 93 750 and the duration of the guarantee is 10 years; if the amount guaranteed is lower than these amounts and/or if the guarantee is for a period of less than 5 or 10 years respectively, the gross grant equivalent of that guarantee shall be calculated as a corresponding proportion of the de minimis ceilings laid down in Article 3(2) or (3a); or’; |
| --- | --- | --- |

(b)

in paragraph 6, point (b) is replaced by the following:

‘(b)

for measures falling under Article 3(2), the guarantee does not exceed 80 % of the underlying loan and either the amount guaranteed is EUR 150 000 and the duration of the guarantee is 5 years or the amount guaranteed is EUR 75 000 and the duration of the guarantee is 10 years, or, for measures falling under Article 3(3a), the guarantee does not exceed 80 % of the underlying loan and either the amount guaranteed is EUR 187 500 and the duration of the guarantee is 5 years or the amount guaranteed is EUR 93 750 and the duration of the guarantee is 10 years; if the amount guaranteed is lower than these amounts and/or if the guarantee is for a period of less than 5 or 10 years respectively, the gross grant equivalent of that guarantee shall be calculated as a corresponding proportion of the de minimis ceilings laid down in Article 3(2) or (3a); or’;

de minimis

| (c) | paragraph 4 is replaced by the following:

  ‘4.   Aid comprised in capital injections shall only be considered as transparent de minimis aid if the total amount of the public injection does not exceed the relevant de minimis ceiling.’; |
| --- | --- |

(c)

paragraph 4 is replaced by the following:

‘4.   Aid comprised in capital injections shall only be considered as transparent de minimis aid if the total amount of the public injection does not exceed the relevant de minimis ceiling.’;

| (d) | paragraph 5 is replaced by the following:

  ‘5.   Aid comprised in risk finance measures taking the form of equity or quasi-equity investments shall only be considered as transparent de minimis aid if the capital provided to a single undertaking does not exceed the relevant de minimis ceiling.’; |
| --- | --- |

(d)

paragraph 5 is replaced by the following:

‘5.   Aid comprised in risk finance measures taking the form of equity or quasi-equity investments shall only be considered as transparent de minimis aid if the capital provided to a single undertaking does not exceed the relevant de minimis ceiling.’;

| (4) | Article 6 is amended as follows:






  (a) | in paragraph 2 the following subparagraph is added:
  ‘By 1 July 2022, Member States granting aid in accordance with Article 3(3a) shall set up a central register of de minimis aid containing complete information on all de minimis aid granted by any authority within that Member State. The provisions of paragraph 1 shall cease to apply from the moment the register covers a period of 3 fiscal years.’; |
| --- | --- | --- |

(4)

Article 6 is amended as follows:

(a)

in paragraph 2 the following subparagraph is added:

‘By 1 July 2022, Member States granting aid in accordance with Article 3(3a) shall set up a central register of de minimis aid containing complete information on all de minimis aid granted by any authority within that Member State. The provisions of paragraph 1 shall cease to apply from the moment the register covers a period of 3 fiscal years.’;

de minimis

de minimis

| (b) | paragraph 3 is replaced by the following:

  ‘3.   A Member State shall grant new de minimis aid in accordance with this Regulation only after having checked that this will not raise the total amount of de minimis aid granted to the undertaking concerned to a level above the relevant ceilings and national caps and the sector cap referred to in Article 3(2), (3) and (3a) and that all the conditions laid down in this Regulation are complied with.’; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   A Member State shall grant new de minimis aid in accordance with this Regulation only after having checked that this will not raise the total amount of de minimis aid granted to the undertaking concerned to a level above the relevant ceilings and national caps and the sector cap referred to in Article 3(2), (3) and (3a) and that all the conditions laid down in this Regulation are complied with.’;

| (5) | Article 7 is amended as follows:






  (a) | paragraph 1 is replaced by the following:

  ‘1.   This Regulation shall apply to aid granted before its entry into force if the aid fulfils all the conditions laid down in this Regulation, with the exception of the sector cap referred to in Article 3(3a). Any aid which does not fulfil those conditions will be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices.’ |
| --- | --- | --- |

(5)

Article 7 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   This Regulation shall apply to aid granted before its entry into force if the aid fulfils all the conditions laid down in this Regulation, with the exception of the sector cap referred to in Article 3(3a). Any aid which does not fulfil those conditions will be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices.’

| (b) | the following paragraph 1a is inserted:

  ‘1a.   The sector cap referred to in Article 3(3a) shall apply only to aid granted from [1 January 2019].’; |
| --- | --- |

(b)

the following paragraph 1a is inserted:

‘1a.   The sector cap referred to in Article 3(3a) shall apply only to aid granted from [1 January 2019].’;

| (6) | in Article 8, the second paragraph is replaced by the following:
  ‘It shall apply until 31 December 2027.’; |
| --- | --- |

(6)

in Article 8, the second paragraph is replaced by the following:

‘It shall apply until 31 December 2027.’;

| (7) | the Annex is replaced by the text set out in the Annex to this Regulation. |
| --- | --- |

(7)

the Annex is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, ...

For the Commission

The President

Jean-Claude JUNCKER

Annex I

Maximum cumulative amounts of de minimis aid granted per Member State to undertakings active in the primary production of agricultural products referred to in Article 3(3)

| (EUR) |
| --- |
| Member State | Maximum amounts of de minimis aid |
| Belgium | 100 251 042 |
| Bulgaria | 48 940 583 |
| Czech Republic | 60 282 125 |
| Denmark | 129 767 292 |
| Germany | 687 676 542 |
| Estonia | 10 630 167 |
| Ireland | 92 612 083 |
| Greece | 129 441 708 |
| Spain | 565 246 333 |
| France | 906 389 083 |
| Croatia | 25 705 125 |
| Italy | 679 716 500 |
| Cyprus | 8 469 042 |
| Latvia | 16 122 833 |
| Lithuania | 32 505 583 |
| Luxembourg | 5 328 250 |
| Hungary | 97 979 375 |
| Malta | 1 581 667 |
| Netherlands | 337 799 500 |
| Austria | 85 697 833 |
| Poland | 276 092 750 |
| Portugal | 84 801 750 |
| Romania | 198 666 208 |
| Slovenia | 15 523 667 |
| Slovakia | 28 760 708 |
| Finland | 50 912 375 |
| Sweden | 75 125 875 |
| United Kingdom | 385 044 042 |

(EUR)

Member State

Maximum amounts of de minimis aid

Belgium

100 251 042

Bulgaria

48 940 583

Czech Republic

60 282 125

Denmark

129 767 292

Germany

687 676 542

Estonia

10 630 167

Ireland

92 612 083

Greece

129 441 708

Spain

565 246 333

France

906 389 083

Croatia

25 705 125

Italy

679 716 500

Cyprus

8 469 042

Latvia

16 122 833

Lithuania

32 505 583

Luxembourg

5 328 250

Hungary

97 979 375

Malta

1 581 667

Netherlands

337 799 500

Austria

85 697 833

Poland

276 092 750

Portugal

84 801 750

Romania

198 666 208

Slovenia

15 523 667

Slovakia

28 760 708

Finland

50 912 375

Sweden

75 125 875

United Kingdom

385 044 042

Annex II

Maximum cumulative amounts of de minimis aid granted per Member State to undertakings active in the primary production of agricultural products referred to in Article 3(3a)

| (EUR) |
| --- |
| Member State | Maximum amounts of de minimis aid |
| Belgium | 120 301 250 |
| Bulgaria | 58 728 700 |
| Czech Republic | 120 301 250 |
| Denmark | 58 728 700 |
| Germany | 825 211 850 |
| Estonia | 12 756 200 |
| Ireland | 111 134 500 |
| Greece | 155 330 050 |
| Spain | 678 295 600 |
| France | 1 087 666 900 |
| Croatia | 30 846 150 |
| Italy | 815 659 800 |
| Cyprus | 10 162 850 |
| Latvia | 19 347 400 |
| Lithuania | 39 006 700 |
| Luxembourg | 6 393 900 |
| Hungary | 117 575 250 |
| Malta | 1 898 000 |
| Netherlands | 405 359 400 |
| Austria | 102 837 400 |
| Poland | 331 311 300 |
| Portugal | 101 762 100 |
| Romania | 238 399 450 |
| Slovenia | 18 628 400 |
| Slovakia | 34 512 850 |
| Finland | 61 094 850 |
| Sweden | 90 151 050 |
| United Kingdom | 462 052 850 |

(EUR)

Member State

Maximum amounts of de minimis aid

Belgium

120 301 250

Bulgaria

58 728 700

Czech Republic

120 301 250

Denmark

58 728 700

Germany

825 211 850

Estonia

12 756 200

Ireland

111 134 500

Greece

155 330 050

Spain

678 295 600

France

1 087 666 900

Croatia

30 846 150

Italy

815 659 800

Cyprus

10 162 850

Latvia

19 347 400

Lithuania

39 006 700

Luxembourg

6 393 900

Hungary

117 575 250

Malta

1 898 000

Netherlands

405 359 400

Austria

102 837 400

Poland

331 311 300

Portugal

101 762 100

Romania

238 399 450

Slovenia

18 628 400

Slovakia

34 512 850

Finland

61 094 850

Sweden

90 151 050

United Kingdom

462 052 850

---

(1)  OJ L 248, 24.9.2015, p. 1.

1

(2)  OJ [...], [...], p. [...].

2

(3)  Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, p. 9).

3

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.11.2018 | EN | Official Journal of the European Union | C 425/12 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/12

---

Euro exchange rates (1)

23 November 2018

(2018/C 425/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1352 |
| JPY | Japanese yen | 128,07 |
| DKK | Danish krone | 7,4618 |
| GBP | Pound sterling | 0,88480 |
| SEK | Swedish krona | 10,3043 |
| CHF | Swiss franc | 1,1316 |
| ISK | Iceland króna | 140,40 |
| NOK | Norwegian krone | 9,7365 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,954 |
| HUF | Hungarian forint | 322,03 |
| PLN | Polish zloty | 4,2949 |
| RON | Romanian leu | 4,6577 |
| TRY | Turkish lira | 5,9992 |
| AUD | Australian dollar | 1,5708 |
| CAD | Canadian dollar | 1,5019 |
| HKD | Hong Kong dollar | 8,8837 |
| NZD | New Zealand dollar | 1,6747 |
| SGD | Singapore dollar | 1,5605 |
| KRW | South Korean won | 1 285,15 |
| ZAR | South African rand | 15,7507 |
| CNY | Chinese yuan renminbi | 7,8866 |
| HRK | Croatian kuna | 7,4324 |
| IDR | Indonesian rupiah | 16 495,81 |
| MYR | Malaysian ringgit | 4,7635 |
| PHP | Philippine peso | 59,477 |
| RUB | Russian rouble | 74,7114 |
| THB | Thai baht | 37,552 |
| BRL | Brazilian real | 4,3205 |
| MXN | Mexican peso | 23,0983 |
| INR | Indian rupee | 80,2040 |

Currency

Exchange rate

USD

US dollar

1,1352

JPY

Japanese yen

128,07

DKK

Danish krone

7,4618

GBP

Pound sterling

0,88480

SEK

Swedish krona

10,3043

CHF

Swiss franc

1,1316

ISK

Iceland króna

140,40

NOK

Norwegian krone

9,7365

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,954

HUF

Hungarian forint

322,03

PLN

Polish zloty

4,2949

RON

Romanian leu

4,6577

TRY

Turkish lira

5,9992

AUD

Australian dollar

1,5708

CAD

Canadian dollar

1,5019

HKD

Hong Kong dollar

8,8837

NZD

New Zealand dollar

1,6747

SGD

Singapore dollar

1,5605

KRW

South Korean won

1 285,15

ZAR

South African rand

15,7507

CNY

Chinese yuan renminbi

7,8866

HRK

Croatian kuna

7,4324

IDR

Indonesian rupiah

16 495,81

MYR

Malaysian ringgit

4,7635

PHP

Philippine peso

59,477

RUB

Russian rouble

74,7114

THB

Thai baht

37,552

BRL

Brazilian real

4,3205

MXN

Mexican peso

23,0983

INR

Indian rupee

80,2040

---

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

---

NOTICES FROM MEMBER STATES

| 26.11.2018 | EN | Official Journal of the European Union | C 425/13 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/13

---

Communication from the Minister for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2018/C 425/04)

The Minister for Economic Affairs and Climate Policy hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block F12, as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2014, No 4928).

With reference to the Directive referred to in the preamble and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs and Climate Policy hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block F12 of the Dutch continental shelf.

The Minister for Economic Affairs and Climate Policy is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

| The Minister for Economic Affairs and Climate Policy |
| --- |
| attn.: Mr J.L. Rosch, Energy and Environment Directorate |
| email: mijnbouwaanvragen@minez.nl |

The Minister for Economic Affairs and Climate Policy

attn.: Mr J.L. Rosch, Energy and Environment Directorate

email: mijnbouwaanvragen@minez.nl

Applications received after the expiry of this period will not be considered.

A decision on the applications will in principle be taken not later than 12 months after this period has expired.

Further information can be obtained by calling Mr E.J. Hoppel on the following telephone number: +31 703797762.

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/14 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/14

---

Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2018/C 425/05)

| Member State | Spain |
| --- | --- |
| Routes concerned | Melilla-Almería/Granada/Sevilla |
| Date of entry into force of the public service obligations | The day following the publication of this information notice. |
| Address where the text and any other information or documentation related to the public service obligations can be obtained | Ministerio de Fomento |
| Dirección General de Aviación Civil |
| Subdirección General de Transporte Aéreo |
| Paseo de la Castellana 67 |
| 28071 Madrid |
| ESPAÑA |
| Tel. +34 915977505 |
| Fax +34 915978643 |
| Email: osp.dgac@fomento.es |

Member State

Spain

Routes concerned

Melilla-Almería/Granada/Sevilla

Date of entry into force of the public service obligations

The day following the publication of this information notice.

Address where the text and any other information or documentation related to the public service obligations can be obtained

Ministerio de Fomento

Dirección General de Aviación Civil

Subdirección General de Transporte Aéreo

Paseo de la Castellana 67

28071 Madrid

ESPAÑA

Tel. +34 915977505

Fax +34 915978643

Email: osp.dgac@fomento.es

In the event that no air carrier submits a program of services compliant with the public service obligations imposed, access may be restricted to a single air carrier through the corresponding public tender procedure, in accordance with Article 16(9) of Regulation (EC) No 1008/2008.

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/15 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/15

---

Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2018/C 425/06)

| Member State | Spain |
| --- | --- |
| Routes concerned | Melilla-Almería/Granada/Sevilla |
| Period of validity of the contract | 4 years following the start of operations |
| Deadline for submission of tenders | 2 months following the date of publication of this notice |
| Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained | Ministerio de Fomento |
| Dirección General de Aviación Civil |
| Subdirección General de Transporte Aéreo |
| Paseo de la Castellana 67 |
| 28071 Madrid |
| ESPAÑA |
| Tel. +34 915977505 |
| Fax +34 915978643 |
| Email: osp.dgac@fomento.es |

Member State

Spain

Routes concerned

Melilla-Almería/Granada/Sevilla

Period of validity of the contract

4 years following the start of operations

Deadline for submission of tenders

2 months following the date of publication of this notice

Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained

Ministerio de Fomento

Dirección General de Aviación Civil

Subdirección General de Transporte Aéreo

Paseo de la Castellana 67

28071 Madrid

ESPAÑA

Tel. +34 915977505

Fax +34 915978643

Email: osp.dgac@fomento.es

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 26.11.2018 | EN | Official Journal of the European Union | C 425/16 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/16

---

Prior notification of a concentration

(Case M.9094 — Amcor/Bemis)

(Text with EEA relevance)

(2018/C 425/07)

1.

This notification concerns the following undertakings:

| — | Amcor Limited (‘Amcor’, Australia), |
| --- | --- |

—

Amcor Limited (‘Amcor’, Australia),

| — | Bemis Company Inc. (‘Bemis’, United States of America). |
| --- | --- |

—

Bemis Company Inc. (‘Bemis’, United States of America).

Amcor enters into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with Bemis.

The concentration is accomplished by way of purchase of shares.

2.

—   for Amcor: supply of a broad range packaging solutions; rigid and flexible packaging products for the food, beverage, medical, pharmaceutical, personal care and other consumer goods sectors globally,

—   for Bemis: supply of flexible and rigid plastic packaging for the food, consumer products, medical and other sectors 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.9094 — Amcor/Bemis

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 |

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

---

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

1

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/17 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/17

---

Prior notification of a concentration

(Case M.9127 — Carlyle/Sedgwick)

(Text with EEA relevance)

(2018/C 425/08)

1.

This notification concerns the following undertakings:

| — | Carlyle Partners VII Cayman, L.P., controlled by The Carlyle Group, L.P. (‘Carlyle’, United States), |
| --- | --- |

—

Carlyle Partners VII Cayman, L.P., controlled by The Carlyle Group, L.P. (‘Carlyle’, United States),

| — | Sedgwick, Inc. (‘Sedgwick’, United States). |
| --- | --- |

—

Sedgwick, Inc. (‘Sedgwick’, United States).

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

2.

| — | Carlyle is a global alternative asset manager managing funds that invest globally. Carlyle indirectly controls Innovation Group, a company active in property and motor third party administration insurance claims management and loss adjusting services; and Abtran, a business process outsourcer, |
| --- | --- |

—

Carlyle is a global alternative asset manager managing funds that invest globally. Carlyle indirectly controls Innovation Group, a company active in property and motor third party administration insurance claims management and loss adjusting services; and Abtran, a business process outsourcer,

| — | Sedgwick is a global provider of risk management solutions, including loss adjusting, third party administration insurance claims management, loss consultancy and property reinstatement services. |
| --- | --- |

—

Sedgwick is a global provider of risk management solutions, including loss adjusting, third party administration insurance claims management, loss consultancy and property reinstatement services.

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.9127 — Carlyle/Sedgwick

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 |

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

---

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

1

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/18 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/18

---

Prior notification of a concentration

(Case M.9159 — CVC/MUFG/Ngern Tid Lor)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 425/09)

1.

This notification concerns the following undertakings:

| — | CVC Capital Partners SICAV-FIS SA (‘CVC’, Luxembourg), |
| --- | --- |

—

CVC Capital Partners SICAV-FIS SA (‘CVC’, Luxembourg),

| — | Mitsubishi UFJ Financial Group, Inc. (‘MUFG’, Japan), |
| --- | --- |

—

Mitsubishi UFJ Financial Group, Inc. (‘MUFG’, Japan),

| — | Ngern Tid Lor Company Limited (‘Ngern Tid Lor’, Thailand). |
| --- | --- |

—

Ngern Tid Lor Company Limited (‘Ngern Tid Lor’, Thailand).

CVC and MUFG acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over Ngern Tid Lor.

The concentration is accomplished by way of purchase of shares.

2.

| — | CVC provides advice to and manages investment funds and platforms. CVC holds interests in a number of companies in various industries, including chemicals, healthcare, insurance underwriting, retailing and distribution, primarily in Europe, the US and the Asia-Pacific region, |
| --- | --- |

—

CVC provides advice to and manages investment funds and platforms. CVC holds interests in a number of companies in various industries, including chemicals, healthcare, insurance underwriting, retailing and distribution, primarily in Europe, the US and the Asia-Pacific region,

| — | MUFG provides globally a comprehensive range of financial solutions, including banking, trust banking, securities, credit cards, and leasing, |
| --- | --- |

—

MUFG provides globally a comprehensive range of financial solutions, including banking, trust banking, securities, credit cards, and leasing,

| — | Ngern Tid Lor Company Limited mainly provides title loans — i.e. cash loans granted to borrowers in Thailand in exchange for the ownership rights to a vehicle. |
| --- | --- |

—

Ngern Tid Lor Company Limited mainly provides title loans — i.e. cash loans granted to borrowers in Thailand in exchange for the ownership rights to a vehicle.

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:

Case M.9159 — CVC/MUFG/Ngern Tid Lor

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 |

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

---

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

1

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

2

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/19 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/19

---

Prior notification of a concentration

(Case M.9158 — SoftBank/Toyota Motor Corporation/MONET Technologies JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 425/10)

1.

This notification concerns the following undertakings:

| — | SoftBank Corp. (‘SoftBank’, Japan), belonging to SoftBank Group Corp. (‘SoftBank Group’, Japan), |
| --- | --- |

—

SoftBank Corp. (‘SoftBank’, Japan), belonging to SoftBank Group Corp. (‘SoftBank Group’, Japan),

| — | Toyota Motor Corporation (‘TMC’, Japan). |
| --- | --- |

—

Toyota Motor Corporation (‘TMC’, Japan).

SoftBank and TMC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the newly created joint venture MONET Technologies Corporation, which, in a first phase, will develop and commercialise software platforms aimed at providing on-demand transportation services operated by bus or taxi, alongside public transport, in Japan, and, at a later stage, will use the software platforms to supply mobility services using autonomous vehicles.

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

2.

—   for SoftBank Group: parent company of a global portfolio of subsidiaries and affiliates involved in advanced telecommunications, internet services, internet of things, robotics and clean energy technology providers,

—   for TMC: design, manufacture, assembly and sale of passenger vehicles, minivans, commercial vehicles, related parts and accessories.

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.9158 — SoftBank/Toyota Motor Corporation/MONET Technologies 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 |

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

---

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

1

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

2

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/20 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/20

---

Prior notification of a concentration

(Case M.9123 — ADM/Neovia)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 425/11)

1.

This notification concerns the following undertakings:

| — | Archer Daniels Midland group (‘ADM’, USA), via its wholly-owned subsidiary ADM France, |
| --- | --- |

—

Archer Daniels Midland group (‘ADM’, USA), via its wholly-owned subsidiary ADM France,

| — | Neovia (France). |
| --- | --- |

—

Neovia (France).

ADM acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Neovia.

The concentration is accomplished by way of a purchase of shares.

2.

—   for ADM: processing of oilseeds, corn, sugar, wheat and other agricultural commodities and in the manufacture of vegetable oils and fats, vegetable protein, meal, corn, sweeteners, flour, biodiesel, ethanol, and other value added food and feed ingredients and additives,

—   for Neovia: production and marketing of a wide range of animal nutrition products for the feed industry, operating in business lines including premix and value-added services, pet food, additives and supplements, aquaculture and complete feed.

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.9123 — ADM/Neovia

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 |

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

---

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

1

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

2

---

| 26.11.2018 | EN | Official Journal of the European Union | C 425/21 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 425/21

---

Prior notification of a concentration

(Case M.9120 — Carlyle/Apollo)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 425/12)

1.

This notification concerns the following undertakings:

| — | The Carlyle Group LP (‘Carlyle’, United States of America), |
| --- | --- |

—

The Carlyle Group LP (‘Carlyle’, United States of America),

| — | Apollo Aviation Holdings Limited, the holding company of the Apollo Aviation Group (‘Apollo’, United States of America). |
| --- | --- |

—

Apollo Aviation Holdings Limited, the holding company of the Apollo Aviation Group (‘Apollo’, United States of America).

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

The concentration is accomplished by way of purchase of shares.

2.

—   for Carlyle: global alternative asset manager which manages funds that invest globally across four investment disciplines: Corporate Private Equity, Real Assets, Global Credit and Solutions,

—   for Apollo: multi-strategy aviation investment manager, which manages funds primarily active in the provision of commercial aircraft operating lease services.

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.9120 — Carlyle/Apollo

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 |

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

---

(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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