# Official Journal C 36/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 36 |
| | |
| English edition | Information and Notices | Volume 642 February 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 36

English edition

Information and Notices

Volume 642 February 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 36/01 | Withdrawal of notification of a concentration (Case M.10008 — Egeria/Parcom/Wood Holdingco JV) (
  1
  ) | 1 |
| 2021/C 36/02 | Non-opposition to a notified concentration (Case M.8851 — BASF/Bayer Divestment Business) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 36/01

Withdrawal of notification of a concentration (Case M.10008 — Egeria/Parcom/Wood Holdingco JV) (
  1
  )

1

1

2021/C 36/02

Non-opposition to a notified concentration (Case M.8851 — BASF/Bayer Divestment Business) (
  1
  )

1

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 36/03 | Interest rate applied by the European Central Bank to its main refinancing operations: — 0,00 % on 1 February 2021 — Euro exchange rates — 1 February 2021 | 3 |
| 2021/C 36/04 | New national side of euro coins intended for circulation | 4 |
| 2021/C 36/05 | New national side of euro coins intended for circulation | 5 |
| 2021/C 36/06 | Opinion of the Advisory Committee on mergers – 18 September 2019 – Case M.9076 – Novelis/Aleris – Rapporteur: Cyprus (
  1
  ) | 6 |
| 2021/C 36/07 | Final Report of the Hearing Officer (M.9076 – Novelis/Aleris) (
  1
  ) | 8 |
| 2021/C 36/08 | Summary of Commission Decision of 1 October 2019 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.9076 – Novelis/Aleris)
  (notified under document C(2019) 7061)

   (
  1
  ) | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 36/03

Interest rate applied by the European Central Bank to its main refinancing operations: — 0,00 % on 1 February 2021 — Euro exchange rates — 1 February 2021

3

2021/C 36/04

New national side of euro coins intended for circulation

4

2021/C 36/05

New national side of euro coins intended for circulation

5

2021/C 36/06

Opinion of the Advisory Committee on mergers – 18 September 2019 – Case M.9076 – Novelis/Aleris – Rapporteur: Cyprus (
  1
  )

1

6

2021/C 36/07

Final Report of the Hearing Officer (M.9076 – Novelis/Aleris) (
  1
  )

1

8

2021/C 36/08

Summary of Commission Decision of 1 October 2019 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.9076 – Novelis/Aleris)
  (notified under document C(2019) 7061)

   (
  1
  )

(notified under document C(2019) 7061)

1

10

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Centre for the Development of Vocational Training |
| 2021/C 36/09 | Grant award notice – Call for proposals – ref: GP/DSI/ReferNet_FPA/002/20 – ReferNet – Cedefop’s European Network of Expertise on Vocational Education and Training (VET) | 16 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2021/C 36/10 | Notice amending the notice of initiation of an anti-dumping proceeding concerning imports of aluminium flat-rolled products originating in the People’s Republic of China | 18 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2021/C 36/11 | Prior notification of a concentration (Case M.10116 — ION/NN/bpfBOUW/IRP JV) – Candidate case for simplified procedure (
  1
  ) | 20 |
| | OTHER ACTS |
| | European Commission |
| 2021/C 36/12 | Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector | 22 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Centre for the Development of Vocational Training

2021/C 36/09

Grant award notice – Call for proposals – ref: GP/DSI/ReferNet_FPA/002/20 – ReferNet – Cedefop’s European Network of Expertise on Vocational Education and Training (VET)

16

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2021/C 36/10

Notice amending the notice of initiation of an anti-dumping proceeding concerning imports of aluminium flat-rolled products originating in the People’s Republic of China

18

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2021/C 36/11

Prior notification of a concentration (Case M.10116 — ION/NN/bpfBOUW/IRP JV) – Candidate case for simplified procedure (
  1
  )

1

20

OTHER ACTS

European Commission

2021/C 36/12

Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector

22

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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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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 2.2.2021 | EN | Official Journal of the European Union | C 36/1 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/1

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Withdrawal of notification of a concentration

(Case M.10008 — Egeria/Parcom/Wood Holdingco JV)

(Text with EEA relevance)

(2021/C 36/01)

On 23 December 2020, the European Commission received notification (1) of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (2) (‘Merger Regulation’).

On 22 January 2021, the notifying parties informed the Commission that they withdrew their notification.

---

(1)  OJ C 5, 07.01.2021, p. 21.

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

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| 2.2.2021 | EN | Official Journal of the European Union | C 36/2 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/2

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Non-opposition to a notified concentration

(Case M.8851 — BASF/Bayer Divestment Business)

(Text with EEA relevance)

(2021/C 36/02)

On 30 April 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) in conjunction with Article 6(2) 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 32018M8851. 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 32018M8851. 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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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 2.2.2021 | EN | Official Journal of the European Union | C 36/3 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/3

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Interest rate applied by the European Central Bank to its main refinancing operations (1):

0,00 % on 1 February 2021

Euro exchange rates (2)

1 February 2021

(2021/C 36/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2084 |
| JPY | Japanese yen | 126,77 |
| DKK | Danish krone | 7,4373 |
| GBP | Pound sterling | 0,88200 |
| SEK | Swedish krona | 10,1627 |
| CHF | Swiss franc | 1,0816 |
| ISK | Iceland króna | 156,30 |
| NOK | Norwegian krone | 10,3890 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,975 |
| HUF | Hungarian forint | 356,35 |
| PLN | Polish zloty | 4,5080 |
| RON | Romanian leu | 4,8735 |
| TRY | Turkish lira | 8,6902 |
| AUD | Australian dollar | 1,5831 |
| CAD | Canadian dollar | 1,5474 |
| HKD | Hong Kong dollar | 9,3687 |
| NZD | New Zealand dollar | 1,6844 |
| SGD | Singapore dollar | 1,6092 |
| KRW | South Korean won | 1 351,21 |
| ZAR | South African rand | 18,1574 |
| CNY | Chinese yuan renminbi | 7,8143 |
| HRK | Croatian kuna | 7,5745 |
| IDR | Indonesian rupiah | 17 011,92 |
| MYR | Malaysian ringgit | 4,8850 |
| PHP | Philippine peso | 58,083 |
| RUB | Russian rouble | 91,6248 |
| THB | Thai baht | 36,228 |
| BRL | Brazilian real | 6,5765 |
| MXN | Mexican peso | 24,5157 |
| INR | Indian rupee | 88,3450 |

Currency

Exchange rate

USD

US dollar

1,2084

JPY

Japanese yen

126,77

DKK

Danish krone

7,4373

GBP

Pound sterling

0,88200

SEK

Swedish krona

10,1627

CHF

Swiss franc

1,0816

ISK

Iceland króna

156,30

NOK

Norwegian krone

10,3890

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,975

HUF

Hungarian forint

356,35

PLN

Polish zloty

4,5080

RON

Romanian leu

4,8735

TRY

Turkish lira

8,6902

AUD

Australian dollar

1,5831

CAD

Canadian dollar

1,5474

HKD

Hong Kong dollar

9,3687

NZD

New Zealand dollar

1,6844

SGD

Singapore dollar

1,6092

KRW

South Korean won

1 351,21

ZAR

South African rand

18,1574

CNY

Chinese yuan renminbi

7,8143

HRK

Croatian kuna

7,5745

IDR

Indonesian rupiah

17 011,92

MYR

Malaysian ringgit

4,8850

PHP

Philippine peso

58,083

RUB

Russian rouble

91,6248

THB

Thai baht

36,228

BRL

Brazilian real

6,5765

MXN

Mexican peso

24,5157

INR

Indian rupee

88,3450

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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

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| 2.2.2021 | EN | Official Journal of the European Union | C 36/4 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/4

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New national side of euro coins intended for circulation

(2021/C 36/04)

Image 1

National side of the new commemorative 2-euro coin intended for circulation and issued by Italy

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: Italy

Subject of commemoration: 150th Anniversary of the institution of Rome Capital of Italy

Description of the design: The design depicts a detail of the Dea Roma, a sculpture by Angelo Zanelli inserted in the center of the Altare della Patria, a large votive altar dedicated to the Italian nation set in the Vittoriano complex in Rome. Above, the legend ‘ROMA CAPITALE’; on the right, the dates ‘•1871•2021•’, the year of the proclamation of Rome as the Capital of Italy and that of the coin’s issue respectively; on the left, ‘RI’, acronym of the Italian Republic, and ‘R’, identifying the Mint of Rome; in exergue, ‘UP’, initials of the designer Uliana Pernazza.

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

Estimated number of coins to be issued: 3 000 000

Date of issue: January 2021

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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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| 2.2.2021 | EN | Official Journal of the European Union | C 36/5 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/5

---

New national side of euro coins intended for circulation

(2021/C 36/05)

Image 2

National side of the new commemorative 2-euro coin intended for circulation and issued by Italy

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: Italy

Subject of commemoration: Healthcare professionals

Description of the design: The design depicts in the centre, a man and a woman in medical clothing with masks, a stethoscope and a medical folder representing doctors and nurses working on the front line in the fight against COVID-19. Above, the word ‘GRAZIE’ followed, on the right, by a heart symbol; on the left, a reproduction of the medical cross; in the centre, ‘RI’, acronym of the Italian Republic; on the right, ‘R’, identifying the Mint of Rome; below,, on the left, ‘CM’, initials of the designer Claudia Momoni; in exergue, the year of the coin’s issue ‘2021’.

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

Estimated number of coins to be issued: 3 000 000

Date of issue: January 2021

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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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| 2.2.2021 | EN | Official Journal of the European Union | C 36/6 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/6

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Opinion of the Advisory Committee on mergers

18 September 2019

Case M.9076 – Novelis/Aleris

Rapporteur: Cyprus

(Text with EEA relevance)

(2021/C 36/06)

Operation

| 1. | The Advisory Committee (9 Member States) agrees with the Commission that the Transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation. |
| --- | --- |

1.

Union dimension

| 2. | The Advisory Committee (9 Member States) agrees with the Commission that the Transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
| --- | --- |

2.

Product markets

| 3. | The Advisory Committee (9 Member States) agrees with the Commission’s definition of the relevant product market for the production and supply of certain aluminium flat rolled products and in particular that Standard FRPs constitute a distinct product market and that the exact product market definition for aluminium anodising sheet and aluminium sheet for compound tubes can be left open. |
| --- | --- |

3.

| 4. | The Advisory Committee (9 Member States) agrees with the Commission’s definition of the relevant product market for the production and supply of certain aluminium flat rolled products and in particular that:






  4.1. | Aluminium automotive body sheets (‘Aluminium ABS’) constitutes a distinct product market separate from other aluminium flat rolled products; |
| --- | --- | --- |

4.

4.1.

Aluminium automotive body sheets (‘Aluminium ABS’) constitutes a distinct product market separate from other aluminium flat rolled products;

| 4.2. | Aluminium ABS and flat steel products used in automotive bodies belong to different markets; |
| --- | --- |

4.2.

Aluminium ABS and flat steel products used in automotive bodies belong to different markets;

| 4.3. | different Aluminium ABS products belong to the same differentiated market. |
| --- | --- |

4.3.

different Aluminium ABS products belong to the same differentiated market.

Geographic markets

| 5. | The Advisory Committee (9 Member States) agrees with the Commission’s definitions of the relevant geographic markets for the production and supply of certain aluminium flat rolled products and in particular:






  5.1. | The market for Standard FRPs is EEA-wide in scope. If aluminium anodising sheet and aluminium sheet for compound tubes were to be considered separate distinct relevant product markets, they would be EEA-wide in scope; |
| --- | --- | --- |

5.

5.1.

The market for Standard FRPs is EEA-wide in scope. If aluminium anodising sheet and aluminium sheet for compound tubes were to be considered separate distinct relevant product markets, they would be EEA-wide in scope;

| 5.2. | The market for Aluminium ABS is EEA-wide in scope. |
| --- | --- |

5.2.

The market for Aluminium ABS is EEA-wide in scope.

Competitive assessment

| 6. | The Advisory Committee (9 Member States) agrees with the Commission's assessment that the Transaction, as notified, would significantly impede effective competition due the creation or strengthening of a dominant position in the market and in any event due to horizontal non-coordinated effects with regard to the production and supply of Aluminium ABS in the EEA. |
| --- | --- |

6.

| 7. | The Advisory Committee (9 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not significantly impede effective competition with regard to the production and supply of Standard FRPs in the EEA and with regard to the putative markets for the production and supply of aluminium anodising sheet and aluminium sheet for compound tubes in the EEA. |
| --- | --- |

7.

Efficiencies

| 8. | The Advisory Committee (9 Member States) agrees with the Commission that the efficiencies claimed by the Notifying Party do not lay out in detail benefits to consumers, merger specificity and absence of less anticompetitive alternatives, or evidence to support the efficiency claims. |
| --- | --- |

8.

Commitments

| 9. | The Advisory Committee (9 Member States) agrees with the Commission that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition in relation to the production and supply of Aluminium ABS in the EEA. |
| --- | --- |

9.

Compatibility with the Internal Market

| 10. | The Advisory Committee (9 Member States) agrees with the Commission that the Transaction, as modified with the Final Commitments, should therefore be declared compatible with the internal market and the functioning of the EEA Agreement. |
| --- | --- |

10.

---

| 2.2.2021 | EN | Official Journal of the European Union | C 36/8 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/8

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Final Report of the Hearing Officer (1)

(M.9076 – Novelis/Aleris)

(Text with EEA relevance)

(2021/C 36/07)

Introduction

| 1. | On 18 February 2019, the Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation (2) by which Novelis Inc. (‘Novelis’ or the ‘Notifying Party’), a fully owned subsidiary of Hindalco Industries Limited, acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of Aleris Corporation (‘Aleris’) by way of purchase of shares (the ‘Proposed Transaction’). For the purpose of this report, Novelis and Aleris are jointly referred to as the ‘Parties’. |
| --- | --- |

1.

Procedure

| 2. | The Commission's first phase investigation raised serious doubts as to the compatibility of the Proposed Transaction with the internal market and the functioning of the EEA Agreement in relation to the EEA market for aluminium flat rolled products (‘FRP’) for automotive body sheets (‘ABS’), and in relation to the potential markets for aluminium sheet for compound tubes in the EEA and for aluminium anodising quality sheet in the EEA. On 25 March 2019, the Commission adopted a decision to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. The Notifying Party submitted written comments on that decision on 4 April 2019. |
| --- | --- |

2.

| 3. | On 11 April 2019, following the Notifying Party’s request, the Commission adopted a decision extending the second phase investigation period by twenty working days. |
| --- | --- |

3.

| 4. | On 13 May 2019, the Commission adopted decisions pursuant to Article 11(3) of the Merger Regulation, one addressed to Novelis and another one addressed to Aleris, following their failure to provide complete information in response to a request for information (‘RFI’) from the Commission. Both decisions compelled their addressees to submit a complete response to the RFIs originally sent by the Commission and had the effect of suspending the time limit referred to in the first subparagraph of Article 10(3) of the Merger Regulation from 7 May 2019 until and including 15 May 2019. |
| --- | --- |

4.

| 5. | On 1 July 2019, the Commission adopted a Statement of Objections (the ‘SO’). In the SO, the Commission came to the preliminary view that the Proposed Transaction would significantly impede effective competition in relation to the production and supply of Aluminium ABS in the EEA resulting from the creation or strengthening of a dominant position in the relevant market and, in any event, from the elimination of an important competitive constraint. The Commission's preliminary conclusion was that the notified concentration was thus not compatible with the internal market and the functioning of the EEA Agreement. The Notifying Party submitted its comments on the SO on 17 July 2019, within the extended deadline set by the Directorate General for Competition (‘DG Competition’). In its letter accompanying its response to the SO, the Parties requested to be heard orally. |
| --- | --- |

5.

| 6. | The formal oral hearing was held on 23 July 2019. It was attended by the Parties, their external legal and economic advisers, the two interested third persons (see paragraph 7 below), relevant Commission services and representatives of the competition authorities of four Member States (Belgium, Germany, Spain and the United Kingdom) and a representative of the EFTA Surveillance Authority. There were no procedural complaints raised in relation to the hearing. |
| --- | --- |

6.

| 7. | Following their request, I admitted two trade unions as interested third persons in the procedure. Both interested third persons were provided with a non-confidential version of the SO and given a time-limit within which to submit their observations. Upon their request, the two trade unions were invited to the oral hearing, during which they each presented their views on the Proposed Transaction. |
| --- | --- |

7.

| 8. | On 6 August 2019, a Letter of Facts was sent to the Notifying Party. The Notifying Party submitted its comments on the Letter of Facts on 19 August 2019. |
| --- | --- |

8.

| 9. | The Parties were first granted access to the file on 2 July 2019. They asked further access to certain information to DG Competition, which provided additional non-confidential descriptions and shared some of the requested information after contacting information providers. DG Competition granted subsequent access to the file on 7 August 2019 and 2 September 2019. Moreover, DG Competition organised data rooms providing access to certain documents to the Notifying Party's external advisers only. While they were not authorised to extract information from the data room, the external advisers were allowed to compile confidential data room reports for the Commission file as well as a non-confidential version of such reports for the Notifying Party. |
| --- | --- |

9.

Draft Decision

| 10. | On 9 August 2019, the Notifying Party submitted a first set of commitments pursuant to Article 8(2) of the Merger Regulation in order to address the competition concerns identified in the SO. A revised version of these commitments was submitted on 13 August 2019. On the basis of the feedback obtained from the market testing of the revised commitments, the Notifying Party submitted a final set of commitments (the ‘Final Commitments’) on 3 September 2019. |
| --- | --- |

10.

| 11. | In the draft decision, the Commission finds that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition to which the Proposed Transaction would give rise and that these commitments render the Proposed Transaction compatible with the internal market and the functioning of the EEA Agreement. |
| --- | --- |

11.

Conclusion

| 12. | I have reviewed the draft decision pursuant to Article 16(1) of Decision 2011/695/EU and I conclude that it deals only with objections in respect of which the Parties have been afforded the opportunity of making known their views. |
| --- | --- |

12.

| 13. | I conclude that the effective exercise of procedural rights has been respected in the present proceedings. |
| --- | --- |

13.

Brussels, 19 September 2019.

Joos STRAGIER

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (the ‘Decision 2011/695/EU’).

1

(2)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1) (the ‘Merger Regulation’).

2

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| 2.2.2021 | EN | Official Journal of the European Union | C 36/10 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/10

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Summary of Commission Decision

of 1 October 2019

declaring a concentration compatible with the internal market and the functioning of the EEA Agreement

(Case M.9076 – Novelis/Aleris)

(notified under document C(2019) 7061)

(Only the English version is authentic)

(Text with EEA relevance)

(2021/C 36/08)

On 1 October 2019 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (1)
  , and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision, as the case may be in the form of a provisional version, can be found in English on the website of the Directorate-General for Competition, at the following address:
  http://ec.europa.eu/competition/elojade/isef/index.cfm?clear=1&policy_area_id=2

I.   THE PARTIES

| (1) | Novelis is a global manufacturer of flat rolled aluminium products and a recycler of aluminium. The company operates 24 manufacturing facilities across North America, South America, Europe and Asia. Novelis is a 100 % owned subsidiary of Hindalco, an India-based supplier of aluminium and copper. |
| --- | --- |

(1)

| (2) | Aleris is a global manufacturer of flat rolled aluminium products. Aleris operates 13 production facilities in North America, Europe and Asia. |
| --- | --- |

(2)

II.   THE OPERATION

| (3) | On 18 February 2019, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the ‘Merger Regulation’) by which Novelis Inc. (‘Novelis’, USA), a fully owned subsidiary of Hindalco Industries Limited (‘Hindalco’, India), acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of Aleris Corporation (‘Aleris’, USA) by way of purchase of shares (hereinafter the ‘Transaction’). Novelis is designated hereinafter as the ‘Notifying Party’. Novelis and Aleris are designated hereinafter as the ‘Parties’. The entity resulting from the Transaction is designated hereinafter as the ‘Merged Entity’. |
| --- | --- |

(3)

III.   UNION DIMENSION

| (4) | The combined aggregate worldwide turnover of the Parties is more than EUR 5 000 million and the aggregate Union-wide turnover of each of the Parties is more than EUR 250 million. Neither of the Parties achieve more than two-thirds of their Union-wide turnover within one and the same Union Member State. |
| --- | --- |

(4)

| (5) | The Transaction therefore has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
| --- | --- |

(5)

IV.   PROCEDURE

| (6) | On 26 July, Novelis announced it had signed a definitive agreement to acquire Aleris. The Transaction was notified to the Commission on 18 February 2019. |
| --- | --- |

(6)

| (7) | By decision of 25 March 2019, the Commission found that the proposed Transaction raised serious doubts as to its compatibility with the internal market and initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation. |
| --- | --- |

(7)

| (8) | On 1 July 2019 the Commission adopted a Statement of Objections (‘SO’) where it came to the preliminary view that the Transaction would likely significantly impede effective competition in the internal market in relation to the production and supply of Aluminium Automotive Body Sheets (‘Aluminium ABS’) in the EEA. |
| --- | --- |

(8)

| (9) | An Oral Hearing took place on 23 July 2019. |
| --- | --- |

(9)

| (10) | The in-depth investigation did not allow dispelling the competition concerns preliminarily identified. |
| --- | --- |

(10)

| (11) | In order to remove the competition concerns identified in the SO, on 9 August 2019, the Parties submitted commitments pursuant to Article 8(2) of the Merger Regulation. |
| --- | --- |

(11)

| (12) | On 13 August 2019, the Parties submitted revised commitments pursuant to Article 8(2) of the Merger Regulation in order to address the competition concerns identified in the SO (the ‘Commitments of 13 August 2019’). |
| --- | --- |

(12)

| (13) | On 13 August 2019, the Commission launched a market test of the Commitments of 13 August 2019. In order to address some minor issues raised in the market test, on 3 September 2019, the Parties submitted improved commitments (the ‘Final Commitments’). |
| --- | --- |

(13)

V.   EXPLANATORY MEMORANDUM

V.1.   The relevant product markets

| (14) | The Transaction concerns aluminium flat rolled products (‘Aluminium FRPs’). These are produced from aluminium slabs processed mainly in three steps: (i) hot rolling, which reduces the thickness of the slab by heating it up and rolling it in the so-called hot roll mill; (ii) cold rolling, which further reduces the thickness; and (iii) finishing, which can include a number of treatments. The resulting Aluminium FRPs are sold as such by the producer, or are cut to desired length and width before being sold. Aluminium FRPs are used for manufacturing various different final products, such as beverage cans, food cans, aluminium foil, or parts of automotive bodies. |
| --- | --- |

(14)

| (15) | Aluminium FRPs used for manufacturing automotive body parts are referred to as Aluminium ABS. Following its market investigation, the Commission found that the Aluminium ABS belong to a relevant product market separate from other types of Aluminium FRPs. Moreover, evidence shows that due to limited demand substitutability and absent supply substitutability, Aluminium ABS constitutes a distinct product market, separate from flat steel products used in automotive bodies. |
| --- | --- |

(15)

| (16) | The Commission found that the market for production and supply of Aluminium ABS is differentiated across different market segments, in particular with respect to different alloy-series. For these market segments, demand-side substitutability is limited but a level of supply-side substitutability exists. As a consequence of the supply-side substitutability, the Commission concludes that all types of Aluminium ABS belong to the same relevant product market. |
| --- | --- |

(16)

| (17) | With regard to other Aluminium FRPs than Aluminium ABS, the Commission's market investigation suggested that (i) aluminium anodising sheet and (ii) aluminium sheet for compound tubes may constitute distinct relevant product markets, separate from other Aluminium FRPs (‘Standard FRPs’). However, the exact market definition can be left open, as it does not have an impact on the competitive assessment of the Transaction. |
| --- | --- |

(17)

V.2.   The relevant geographic markets

| (18) | Following its market investigation, the Commission concludes that the market for the production and supply of Aluminium ABS is EEA-wide in scope. Indications of competition taking place at EEA-level include the following:






  (a) | Different world regions are typically characterised by different suppliers, and only few suppliers have a global footprint; |
| --- | --- | --- |

(18)

(a)

Different world regions are typically characterised by different suppliers, and only few suppliers have a global footprint;

| (b) | While trade flows between different world regions exist, these are limited and producers sell the majority of their products in the region where their production sites are located; |
| --- | --- |

(b)

While trade flows between different world regions exist, these are limited and producers sell the majority of their products in the region where their production sites are located;

| (c) | There are significant differences in terms of prices and of conditions of competition between the EEA, North America and Asia; and |
| --- | --- |

(c)

There are significant differences in terms of prices and of conditions of competition between the EEA, North America and Asia; and

| (d) | There are technical reasons that make it difficult for a car manufacturer to source from a long distance Aluminium ABS, particularly for certain high-quality alloys. |
| --- | --- |

(d)

There are technical reasons that make it difficult for a car manufacturer to source from a long distance Aluminium ABS, particularly for certain high-quality alloys.

| (19) | With regard to the Standard FRPs, results of the Commission’s market investigation of the present case support the view taken in previous cases that the market for Standard FRPs has an EEA-wide dimension. The Commission concludes that the geographic scope of the market for Standard FRPs, and of the putative product markets for aluminium anodising sheet and aluminium sheet for compound tubes, are EEA-wide. |
| --- | --- |

(19)

V.3.   Competitive assessment

| (20) | The Commission finds competition concerns with respect to the production and supply of Aluminium ABS. These concerns are based on a number of considerations and findings, including the following. |
| --- | --- |

(20)

The Transaction would lead to very high combined sales and capacity shares

| (21) | The Transaction would lead to very high combined sales and capacity shares, above the threshold for presumptive dominance, suggesting the creation or strengthening of a dominant position in the market for the production and supply of Aluminium ABS. |
| --- | --- |

(21)

| (22) | Already prior to the Transaction, Novelis has a significant market share in the EEA. Following the Transaction, the share would further increase to well above 50-60 %. In terms of capacity, the Merged Entity would have a capacity share above 50-60 % in 2018 and close to 50-60 % in 2023. |
| --- | --- |

(22)

| (23) | In addition, the Transaction would increase the concentration in the already concentrated market for the production and supply of Aluminium ABS. |
| --- | --- |

(23)

The Transaction would result in higher prices for Aluminium ABS

| (24) | By controlling a large share of the output and of production capacity, the Merged Entity would enjoy significant pricing power. |
| --- | --- |

(24)

| (25) | The elimination of Aleris negatively affects competitive interaction by removing bidding interaction between the Parties, which focus on the same high value product segment and serve common customers. |
| --- | --- |

(25)

| (26) | During the market investigation, market participants indicated that they expect higher prices of Aluminium ABS as a result of the Transaction. |
| --- | --- |

(26)

| (27) | The competitive pressure from steel suppliers would not be sufficient to prevent price increases. This is because the demand of Aluminium ABS is primarily driven by the automotive manufacturers’ need to produce lighter vehicles to comply with CO2 emission regulations. In this respect, flat steel products can only marginally replace Aluminium ABS. |
| --- | --- |

(27)

| (28) | Therefore, the Transaction would result in higher prices for Aluminium ABS in the EEA as the Merged Entity would have significant pricing power due to its large share of sales and production in the EEA, while Aleris would no longer be a constraint on Novelis. |
| --- | --- |

(28)

The Transaction would significantly reduce the Merged Entity’s incentives to increase capacity in the market

| (29) | The economic theory of capacity competition predicts that a decrease in the number of producers also decreases the producers’ incentives to expand, and, in some cases, to maintain their manufacturing capacity. This softening effect on capacity competition is known to be particularly strong if, as in this case, the market shares of the merging parties are high. This is because a capacity increase typically leads to price reduction, which has the largest impact on the market leader. |
| --- | --- |

(29)

| (30) | Consistent with the economic theory, evidence in the file suggests that Novelis, already pre-Transaction, had only limited incentive to expand its capacity due to its position as the market leader. Post-Transaction, due to an even stronger position, the Merged Entity would have even less incentives to expand capacity. |
| --- | --- |

(30)

| (31) | Therefore, the Transaction would have the effect of reducing the Merged Entity’s incentive to expand capacity in the market. |
| --- | --- |

(31)

Competitors are unlikely to offset price increases resulting from the Transaction

| (32) | Economic literature and the Commission’s past case practice suggest that, in markets with capacity constraints, firms playing a pivotal role for covering the market demand enjoy an appreciable degree of market power. In this case, the inability of competitors to cover the entire market demand results in Novelis’ market power already pre-Transaction. By acquiring the capacity of Aleris, Novelis would face even less rival capacity, and would result to be pivotal for an even larger share of market demand. |
| --- | --- |

(32)

| (33) | With respect to spare capacities, the market investigation indicated that these are limited and are likely to decrease further. In addition, a large part of the spare capacities appear to belong to Novelis. |
| --- | --- |

(33)

| (34) | After the Transaction, the Merged Entity would not only control a large share of the market (in terms sales and capacity) but would also face competitors with limited capacity (and limited spare capacity) compared to market demand. This would allow the Merged Entity to increase prices after the Transaction as rivals would not be able to readily and adequately expand supply. |
| --- | --- |

(34)

| (35) | Formal, structural and ad-hoc links with competitors already pre-Transaction are liable to soften competition, as they lead to shared interests among competitors in a certain market outcome. Post-Transaction these existing links will increase in their relative significance on the market. |
| --- | --- |

(35)

| (36) | Barriers to entry are high as the manufacturing of Aluminium ABS requires specific equipment, substantial investment and time for its installation and ramping-up to full capacity. Moreover, new entrants face significant difficulties in establishing themselves as credible alternatives due to the significant amount of industrial know-how necessary for the high value segments of the market, where both the Parties are active. Therefore, the competitive constraint of new market participants to the Merged Entity would be of limited magnitude. |
| --- | --- |

(36)

| (37) | Imports into the EEA are not a sufficient competitive constraint to the Merged Entity. Contrary to the Notifying Party’s claim, the market investigation indicates that the alleged competitive constraint from Chinese suppliers, if existent at all, is limited, and is not expected to significantly increase in the foreseeable future. |
| --- | --- |

(37)

| (38) | Therefore, the Commission considers that competitors lack the ability and the incentive to react to a price increase in a way that would be sufficient to offset the negative effects of the Transaction. |
| --- | --- |

(38)

The negative effects of the Transaction are likely not countervailed by buyer power

| (39) | While the customers of the Parties are often sophisticated buyers who organise their purchases through tenders, they often face difficulties in switching significant volumes already pre-Transaction. This is due to a number of reasons, including the different product capabilities of each supplier, the qualification requirements, the supply agreements in place and the existing long-term relationships between some customers and suppliers, and, importantly, the limited available capacity in the market. |
| --- | --- |

(39)

| (40) | Post-Transaction, customers would have one less credible supplier available and thus would be even more restricted in their options of switching volumes in case of a price increase. |
| --- | --- |

(40)

Conclusions

| (41) | The Commission concludes that the Transaction would significantly impede effective competition in relation to the market for the production and supply of Aluminium ABS in the EEA because the Transaction would create or strengthen a dominant market position in the relevant market. In any event, the Transaction would also give rise to horizontal non-coordinated effects in relation to the production and supply of Aluminium ABS in the EEA resulting from the elimination of an important competitive constraint. |
| --- | --- |

(41)

V.4.   Remedies

| (42) | As explained in paragraphs (11)-(13), the Parties submitted commitments on 9 August 2019, followed by a submission of revised commitments on 13 August 2019. After considering the results of the market test, the Parties submitted the Final Commitments on 3 September 2019. |
| --- | --- |

(42)

| (43) | The Final Commitments consist of the divestment of, Aleris’ (i) Aluminium ABS Business, and (ii) Other FRPs Business located in Duffel, Belgium (the ‘Duffel Plant’) (together the ‘Divestment Business’) to an independent purchaser with proven expertise in the aluminium and/or in the flat rolled products sector, subject to approval by the Commission. |
| --- | --- |

(43)

| (44) | The Divestment Business currently produces Aluminium ABS and a number of Standard FRPs (for example for compound tubes, building facades, floor heating and other applications). |
| --- | --- |

(44)

| (45) | The Divestment Business includes intangible assets such as intellectual property necessary to operate the Divestment Business as well as licences, permits and authorisations for its benefit. It further comprises contracts, leases and commitments, including supply agreements as well as lists of customers and customer contracts and purchase orders. It also includes Personnel and key personnel necessary to operate and ensure the viability of the Divestment Business. All ABS-related EEA R&D activities also form part of the Divestment Business. |
| --- | --- |

(45)

| (46) | The Divestment Business is an integrated business that covers the whole production chain from the casting of slabs to rolling and finishing of Aluminium ABS. While for certain limited upstream supply the Divestment Business requires certain limited upstream supplies from the Merged Entity, the Final Commitments include transitional arrangements and funding for an investment that will further foster the plant’s independence also in relation to these limited quantities. |
| --- | --- |

(46)

| (47) | As the market test confirmed, the Final Commitments address the Commission’s competition concerns because they remove the entire Parties’ overlap in the market for the production and supply of Aluminium ABS in the EEA. |
| --- | --- |

(47)

| (48) | The market test also supported that the Final Commitments are viable and competitive because they consist of assets covering the entire value chain from the casting of slabs to the finishing of Aluminium ABS. |
| --- | --- |

(48)

VI.   CONCLUSION

| (49) | For the reasons mentioned above, the decision concludes that the proposed concentration will not significantly impede effective competition in the Internal Market or in a substantial part of it. |
| --- | --- |

(49)

| (50) | Consequently, the concentration should be declared compatible with the Internal Market and the functioning of the EEA Agreement, in accordance with Article 2(2) and Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. |
| --- | --- |

(50)

---

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

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Centre for the Development of Vocational Training

| 2.2.2021 | EN | Official Journal of the European Union | C 36/16 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/16

---

GRANT AWARD NOTICE

CALL FOR PROPOSALS – ref: GP/DSI/ReferNet_FPA/002/20

ReferNet – Cedefop’s European Network of Expertise on Vocational Education and Training (VET)

(2021/C 36/09)

1.   Contracting authority

| Cedefop – European Centre for the Development of Vocational Training |
| --- |
| Attn: Ms Pascaline Descy |
| Europe 123 |
| 570 01 Thermi (Thessaloniki) |
| GREECE |

Cedefop – European Centre for the Development of Vocational Training

Attn: Ms Pascaline Descy

Europe 123

570 01 Thermi (Thessaloniki)

GREECE

Contact point:

Ms Clotilde Assumel-Lurdin

Tel. +30 2310490287

Email: c4t-services@cedefop.europa.eu

Previous publication: OJ C 327, 5.10.2020, p. 16.

2.   Grant award

| Beneficiary name | Address | Framework partnership agreement number | Framework partnership agreement duration | Framework partnership agreement signature date | Specific Grant agreement number (2016) | Specific Grant agreement duration | Specific Grant agreement signature date | Grant amount (EUR) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Bruxelles Formation (lnstitut Bruxellois Francophone pour la Formation Professionnelle) | Rue de Stalle/Stallestraat 67 |
| 1180 Bruxelles/Brussels Belgique/BELGIUM |

Beneficiary name

Address

Framework partnership agreement number

Framework partnership agreement duration

Framework partnership agreement signature date

Specific Grant agreement number (2016)

Specific Grant agreement duration

Specific Grant agreement signature date

Grant amount (EUR)

Bruxelles Formation (lnstitut Bruxellois Francophone pour la Formation Professionnelle)

Rue de Stalle/Stallestraat 67

1180 Bruxelles/Brussels Belgique/BELGIUM

No 2020-FPAl/GP/DSI/ReferNet_FPA/002/20

36 months

5.1.2021

No 2021-0039

12 months

18.1.2021

33 625

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 2.2.2021 | EN | Official Journal of the European Union | C 36/18 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/18

---

Notice amending the notice of initiation of an anti-dumping proceeding concerning imports of aluminium flat-rolled products originating in the People’s Republic of China

(2021/C 36/10)

On 14 August 2020, the Commission published a notice initiating an anti-dumping investigation concerning imports of aluminium flat-rolled products originating in the People’s Republic of China (1) (the ‘Notice of 14 August 2020’). Subsequently interested parties brought to the Commission’s attention that a certain product category which is to be classified under CN codes 7606 11 10 and 7606 12 20 was never meant to be covered by the product definition.

Also, in order to avoid confusion, the definition of the products, for use as body panels in the automotive industry, to be excluded had to be clarified.

As a consequence, the Commission is hereby amending the Notice of 14 August 2020 to reflect the actual scope of the current investigation. Further information can be found in a note to the file for inspection by interested parties.

1.   Product under investigation

The definition of the product under investigation in Section 2 of the Notice of 14 August 2020 that stated:

‘The product subject to this investigation is aluminium products, flat rolled, whether or not alloyed, whether or not further worked than flat rolled,

| — | in coils or in coiled strips, in cut-to-length sheets, or in the form of circles; of a thickness of 0,2 mm or more but not more than 6 mm; |
| --- | --- |

—

in coils or in coiled strips, in cut-to-length sheets, or in the form of circles; of a thickness of 0,2 mm or more but not more than 6 mm;

| — | in plates, of a thickness of more than 6 mm; |
| --- | --- |

—

in plates, of a thickness of more than 6 mm;

| — | in coils or in coiled strips, of a thickness of not less than 0,03 mm but less than 0,2 mm; |
| --- | --- |

—

in coils or in coiled strips, of a thickness of not less than 0,03 mm but less than 0,2 mm;

(‘the product under investigation’).

The following products are excluded:

| — | Aluminium beverage can body stock, end stock and tab stock, currently falling under CN codes 7606 12 11 and 7606 12 19. |
| --- | --- |

—

Aluminium beverage can body stock, end stock and tab stock, currently falling under CN codes 7606 12 11 and 7606 12 19.

| — | Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,2 mm and not more than 6 mm, for use as body panels in the automotive industry, currently falling under CN codes ex 7606 12 92, ex 7606 12 93, ex 7606 12 99, ex 7606 92 00. |
| --- | --- |

—

Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,2 mm and not more than 6 mm, for use as body panels in the automotive industry, currently falling under CN codes ex 7606 12 92, ex 7606 12 93, ex 7606 12 99, ex 7606 92 00.

| — | Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,8 mm, for use in the manufacture of aircraft parts, currently falling under CN codes ex 7606 12 92, ex 7606 12 93, ex 7606 12 99, ex 7606 92 00.’ |
| --- | --- |

—

Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,8 mm, for use in the manufacture of aircraft parts, currently falling under CN codes ex 7606 12 92, ex 7606 12 93, ex 7606 12 99, ex 7606 92 00.’

The investigations have brought to the Commission’s attention that some economic operators may have misinterpreted the wording of the description of the product subject to investigation.

reads as follows:

‘The product subject to this investigation is aluminium products, flat rolled, whether or not alloyed, whether or not further worked than flat rolled, not backed, without internal layers of other material,

| — | in coils or in coiled strips, in cut-to-length sheets, or in the form of circles; of a thickness of 0,2 mm or more but not more than 6 mm; |
| --- | --- |

—

in coils or in coiled strips, in cut-to-length sheets, or in the form of circles; of a thickness of 0,2 mm or more but not more than 6 mm;

| — | in plates, of a thickness of more than 6 mm; |
| --- | --- |

—

in plates, of a thickness of more than 6 mm;

| — | in coils or in coiled strips, of a thickness of not less than 0,03 mm but less than 0,2 mm; |
| --- | --- |

—

in coils or in coiled strips, of a thickness of not less than 0,03 mm but less than 0,2 mm;

(‘the product under investigation’).

The following products are excluded:

| — | Aluminium beverage can body stock, end stock and tab stock. |
| --- | --- |

—

Aluminium beverage can body stock, end stock and tab stock.

| — | Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,2 mm and not more than 6 mm, for use as body panels in the car industry. |
| --- | --- |

—

Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,2 mm and not more than 6 mm, for use as body panels in the car industry.

| — | Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,8 mm, for use in the manufacture of aircraft parts.’ |
| --- | --- |

—

Aluminium products, flat rolled, alloyed, whether or not further worked than flat rolled, of a thickness of not less than 0,8 mm, for use in the manufacture of aircraft parts.’

2.   Clarification concerning CN codes

The reference to CN and TARIC codes, provided for information only in the first paragraph of Section 3 of the Notice of 14 August 2020 that stated:

‘The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China (“the PRC” or “the country concerned”) currently classified under CN codes 7606 11 10, 7606 11 91, 7606 11 93, 7606 11 99, 7606 12 20, ex 7606 12 92 (TARIC code 7606129295), ex 7606 12 93 (TARIC code 7606129386), ex 7606 12 99 (TARIC codes 7606129925 and 7606129986), 7606 91 00, ex 7606 92 00 (TARIC code 7606920086) and ex 7607 11 90 (TARIC codes 7607119044, 7607119048, 7607119051, 7607119053, 7607119060, 7607119071, 7607119073, 7607119075, 7607119077, 7607119091, 7607119093). The CN and TARIC codes are given for information only.’

reads as follows:

‘The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China (“the PRC” or “the country concerned”) currently classified under CN codes ex 7606 11 10 (TARIC codes 7606111025, 7606111086), ex 7606 11 91 (TARIC codes 7606119125, 7606119186), ex 7606 11 93 (TARIC codes 7606119325, 7606119386), ex 7606 11 99 (TARIC codes 7606119925, 7606119986), ex 7606 12 20 (TARIC codes 7606122025, 7606122086), ex 7606 12 92 (TARIC codes 7606129225, 7606129295), ex 7606 12 93 (TARIC code 7606129386), ex 7606 12 99 (TARIC codes 7606129925 and 7606129986), ex 7606 91 00 (TARIC codes 7606910025, 7606910086), ex 7606 92 00 (TARIC codes 7606920025, 7606920086), ex 7607 11 90 (TARIC codes 7607119044, 7607119048, 7607119051, 7607119053, 7607119065, 7607119071, 7607119073, 7607119075, 7607119077, 7607119091, 7607119093) and ex 7607 19 90 (TARIC codes 7607199075, 7607199086). The CN and TARIC codes are given for information only.’

---

(1)  OJ C 268, 14.8.2020, p. 5.

1

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 2.2.2021 | EN | Official Journal of the European Union | C 36/20 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/20

---

Prior notification of a concentration

(Case M.10116 — ION/NN/bpfBOUW/IRP JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 36/11)

1.

This notification concerns the following undertakings:

| — | ION Real Estate Services NV (‘ION’, Belgium), controlled by ION Holding BV (Belgium); |
| --- | --- |

—

ION Real Estate Services NV (‘ION’, Belgium), controlled by ION Holding BV (Belgium);

| — | REI Investment Belgium I BV (‘NN’, Netherlands), belonging to the NN Group NV (Netherlands); |
| --- | --- |

—

REI Investment Belgium I BV (‘NN’, Netherlands), belonging to the NN Group NV (Netherlands);

| — | Stichting Bedrijfstakpensioenfonds voor de Bouwnijverheid (‘bpfBOUW’, Netherlands); and |
| --- | --- |

—

Stichting Bedrijfstakpensioenfonds voor de Bouwnijverheid (‘bpfBOUW’, Netherlands); and

| — | ION Residential Platform NV (‘IRP JV’, Belgium). |
| --- | --- |

—

ION Residential Platform NV (‘IRP JV’, Belgium).

ION, NN and bpfBOUW acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of IRP JV.

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

2.

| — | for ION: residential (a.o. apartments and houses, student and senior housing) and commercial (a.o. mixed urban projects, office buildings and retail space) real estate developer in Belgium; |
| --- | --- |

—

for ION: residential (a.o. apartments and houses, student and senior housing) and commercial (a.o. mixed urban projects, office buildings and retail space) real estate developer in Belgium;

| — | for NN: provision of pension and insurance products, as well as asset management and banking services; |
| --- | --- |

—

for NN: provision of pension and insurance products, as well as asset management and banking services;

| — | for bfpBOUW: Dutch pension fund established by organisations of employers and employees in the construction sector; |
| --- | --- |

—

for bfpBOUW: Dutch pension fund established by organisations of employers and employees in the construction sector;

| — | for IRP JV: specialised real estate investment fund aimed to build a sustainable long-term residential real estate portfolio (‘buy-and-hold’-strategy) in selected urban areas in Belgium. |
| --- | --- |

—

for IRP JV: specialised real estate investment fund aimed to build a sustainable long-term residential real estate portfolio (‘buy-and-hold’-strategy) in selected urban areas in Belgium.

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.10116 — ION/NN/bpfBOUW/IRP JV

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

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

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

2

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OTHER ACTS

European Commission

| 2.2.2021 | EN | Official Journal of the European Union | C 36/22 |
| --- | --- | --- | --- |

2.2.2021

EN

Official Journal of the European Union

C 36/22

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Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector

(2021/C 36/12)

This publication confers the right to oppose the application pursuant to Article 98 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (1) within two months from the date of this publication.

SINGLE DOCUMENT

'MUŠKAT MOMJANSKI/MOSCATO DI MOMIANO'

PDO-HR-02109

Date of application: 15.9.2015

1.   Name to be registered

Muškat momjanski (hr)

Moscato di Momiano (it)

2.   Geographical indication type

PDO – Protected Designation of Origin

3.   Categories of grapevine products

| 1. | Wine |
| --- | --- |

1.

Wine

4.   Description of the wine(s)

Wine (‘Kvalitetno vino KZP’ (Quality wine of controlled geographical origin) and ‘Vrhunsko vino KZP’ (Superior quality wine of controlled geographical origin))

Wines made from grapes picked at the usual harvest time are crystal clear, greenish-yellow to golden yellow in colour, with a moderately high to high alcohol content, balanced acidity, a high level of extract and a pronounced floral and fruity aroma with dominant muscat characteristics.

The maximum permitted sulphur dioxide content is 200 mg/l for wines with up to 5 g/l of residual sugar, and 250 mg/l for wines with over 5 g/l of residual sugar.

Maximum total alcoholic strength – the limits of the relevant legislation apply.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 11,5 |
| Minimum total acidity | 4 in grams per litre expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 16,7 |
| Maximum total sulphur dioxide (in milligrams per litre) | 250 |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

11,5

Minimum total acidity

4 in grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

16,7

Maximum total sulphur dioxide (in milligrams per litre)

250

Wine (‘Kvalitetno vino KZP’ (Quality wine of controlled geographical origin) and ‘Vrhunsko vino KZP – Arhivsko vino’ (Superior quality wine of controlled geographical origin – Reserve wine))

Reserve wines are characterised by intense hues of yellow, a complex aroma as a result of the maturing process and a typical bouquet of mature white wines together with the ever-present muscat note. The wines have a pleasant, harmonious and complex taste and a characteristically rich retronasal aroma with mild to moderately intense notes of ripe fruit, blossom and, in some cases, honey and nuts.

The maximum permitted sulphur dioxide content is 200 mg/l for wines with up to 5 g/l of residual sugar, and 250 mg/l for wines with over 5 g/l of residual sugar.

Maximum total alcoholic strength – the limits of the relevant legislation apply.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 11,5 |
| Minimum total acidity | 4 in grams per litre expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 16,7 |
| Maximum total sulphur dioxide (in milligrams per litre) | 250 |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

11,5

Minimum total acidity

4 in grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

16,7

Maximum total sulphur dioxide (in milligrams per litre)

250

Wine (‘Kvalitetno vino KZP’ (Quality wine of controlled geographical origin) and ‘Vrhunsko vino KZP – Desertno vino’ (Superior quality wine of controlled geographical origin – Dessert wine))

The dessert wines have intense hues of yellow, a higher alcohol content and a complex, rich scent and taste with a dominant aroma of dried and raisined fruit (raisins, dried figs), and sometimes honey, while retaining their muscat notes. The wines have a pleasant, long-lasting taste and a high level of extract and are full-bodied and moderately to highly sweet, with a fine retronasal aroma dominated by notes of ripe, dried and raisined fruit and, in some cases, of honey and liqueur.

The maximum permitted sulphur dioxide content is 200 mg/l for wines with up to 50 g/l of residual sugar, and 300 mg/l for wines with over 50 g/l of residual sugar.

Maximum total alcoholic strength – the limits of the relevant legislation apply.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 11,5 |
| Minimum total acidity | 4 in grams per litre expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 30 |
| Maximum total sulphur dioxide (in milligrams per litre) | 300 |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

11,5

Minimum total acidity

4 in grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

30

Maximum total sulphur dioxide (in milligrams per litre)

300

5.   Wine making practices

a.   Essential oenological practices

Position of vineyards

Cultural practice

The vineyards must be planted only on flysch soils. They may not be cultivated on terra rossa soils.

Planting densities

Cultural practice

Vineyards planted from 2015 onwards must have at least 4 000 vines per hectare, on the basis of their effective area. Vineyards constructed on terraces from 2015 onwards must have at least 3 500 vines per hectare, on the basis of their effective area. Vineyards planted prior to 2015 are not subject to any restrictions regarding the number of vines per hectare.

Vine training

Cultural practice

The only types of vine training that are permitted are single or double systems on long canes (arms) with or without spurs.

Harvesting of grapes

Cultural practice

The grapes are harvested manually only.

Production of wine (‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom’ (Quality wine of controlled geographical origin))

Relevant restrictions on making the wines

The minimum natural alcoholic strength by volume of the wines is 11,5 % vol. The minimum natural alcoholic strength by volume of wines bearing the additional traditional term of ‘desertno vino’ (dessert wine) is 16 % vol.

The wine may be sweetened in years with unfavourable weather conditions, provided that the wine being sweetened has not undergone any fortification process. The total alcoholic strength by volume of the wine may be increased by no more than 2 % by increasing the sugar content through the addition of grape must, concentrated grape must or rectified concentrated grape must (which must come from the same wine-growing area as the wine being sweetened).

Production of wine (‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom’ (Superior quality wine of controlled geographical origin))

Relevant restrictions on making the wines

The minimum natural alcoholic strength by volume is 11,5 % vol. The minimum natural alcoholic strength by volume of wines bearing the additional traditional term of ‘desertno vino’ (dessert wine) is 16 % vol.

The wine may not be fortified or sweetened, acidified or de-acidified.

b.   Maximum yields

‘Muškat momjanski/Moscato di Momiano’ PDO, including ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom’ (Quality wine of controlled geographical origin)

10 000 kilograms of grapes per hectare

‘Muškat momjanski/Moscato di Momiano’ PDO, including ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom’ (Quality wine of controlled geographical origin)

70 hectolitres per hectare

‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom’ (Superior quality wine of controlled geographical origin)

10 000 kilograms of grapes per hectare

‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom’ (Superior quality wine of controlled geographical origin)

60 hectolitres per hectare

6.   Demarcated geographical area

The ‘Muškat momjanski/Moscato di Momiano’ PDO area includes the town of Momjan and its surrounding area and is located within the following boundaries: the Kremenje-Oskoruš road starting from the locality of Kremenje until the turning for the locality of Dramac, where the boundary follows the road towards the locality of Dramac; 200 metres south of Dramac the boundary turns in a westerly/north-westerly direction from that road up to an altitude of 50 metres above sea level; from that point the boundary continues north- and north-eastwards at an altitude of 50 metres above sea level, and north-east of Dramac the altitude of the boundary rises from 50 metres to 180 metres above sea level; it continues at an altitude of 180 metres above sea level to the north of the localities of Merišće and Oskoruš in the direction of the locality of Brič, coinciding in places on that stretch with the national border between the Republic of Croatia and the Republic of Slovenia (where the border is over 180 metres above sea level); north of the locality of Brič, the boundary of the ‘Muškat momjanski/Moscato di Momiano’ PDO area moves from the national border with the Republic of Slovenia and runs at a distance of 500 metres to the north-east of the road that leads from the locality of Brič to the locality of Stancija Vigini; at a point 500 metres east of Stancija Vigini the boundary continues due south up to an altitude of 300 metres; at that point it continues westwards at an altitude of 300 m above sea level; at the place where that altitude touches the road leading from the locality of Črnci to the locality of Marušići, the boundary continues along that road in a southerly direction as far as the locality of Marušići and then along that road as far as the locality of Kremenje.

7.   Main wine grapes variety(ies)

Muscat Blanc à Petits Grains/Moscato di Canelli

8.   Description of the link(s)

‘Muškat momjanski/Moscato di Momiano’ is a traditionally used name combining, pursuant to Article 93(2)(a) and (b) of Regulation (EU) No 1308/2013, the name of the grape variety (Muškat/Moscato, from the variety Muscat Blanc à Petits Grains) and the name of the geographical area (momjanski/di Momiano, formed from the town of Momjan located in the northern part of the Istrian peninsula). Although the variety Muscat Blanc à Petits Grains is traditionally grown, to a greater or lesser extent, in different areas of Istria, Momjan has long been known as a typical place for the production of this wine. The traditional ‘Muškat momjanski/Moscato di Momiano’ name has had a high consumer profile for many years, thanks to the wine’s image as a traditional product, the numerous prizes and awards it has won in wine competitions and shows, and its considerable market share and high quality. In addition, ‘Muškat momjanski’ wine was granted protection under this name back in 1997 as part of the ‘Protection of quality wines of controlled geographical origin’ in accordance with the Wine Act applicable at that time, on the basis of a report drawn up by the Faculty of Agronomy of the University of Zagreb.

Varieties

The traditional nature and specific characteristics of the cultivation of the Muscat Blanc à Petits Grains variety in the area of Momjan are also demonstrated by the specific gene pool of the variety that is traditionally cultivated in this area, which is characterised by relatively small grapes, a higher proportion of skin on each grape, bunches that are less tightly packed and weigh less, a lower yield, a greater resistance to grey mould and a higher proportion of sugar and aromatic substances in the grapes, in comparison with the standard gene pool of this variety.

Climate, soil and relief

The specific climate of the ‘Muškat momjanski/Moscato di Momiano’ PDO area, which combines both maritime and continental influences, together with the good level of ripeness of the grapes, results in greater concentration and reduced deterioration of the primary varietal aromas in the grapes during the ripening period, which contributes significantly to the high quality of the wines of the ‘Muškat momjanski/Moscato di Momiano’ PDO. Moreover, the continental climate with its lower air temperatures than in the surrounding coastal areas, especially at night, ensures that the total acidity of the grapes (especially malic acid) is largely preserved in this wine, which is directly reflected in the freshness of the taste of wine from the ‘Muškat momjanski/Moscato di Momiano’ PDO area. This characteristic is of great importance for wines with a significant level of residual sugar because a suitable proportion of organic acids ensures that they have a harmonious taste. Furthermore, the favourable (moderately high) temperatures, especially in the daytime, generated by the effect of the maritime/Mediterranean climate, ensure that the grapes ripen sufficiently and contain a good level of sugar, which is essential in order to give fullness of flavour to wines of the Muscat Blanc à Petits Grains variety, especially those with a high level of residual sugar.

The soil on flysch (rendzina), with its higher carbonate content, tempers the vigorous nature of the vine, thereby contributing to its balanced growth and helping to achieve a favourable microclimate around the bunches of grapes, i.e. moderate exposure to sunlight. This has a favourable impact on the synthesis of aromatic compounds in the grapes, which makes a significant contribution to the high quality of aromatic wines like those of the ‘Muškat momjanski/Moscato di Momiano’ PDO, whose aromatic characteristics are particularly pronounced under such conditions. In addition, the moderate exposure of the bunches of grapes to sunlight produces a favourable ratio of sugar and organic acids in the grapes. A specific characteristic of rendzina is the high proportion of particles of clay in the soil, which ensures that the soil retains water for a long time, with the result that water is available for the vines during the lengthy periods without rainfall. The absence of water stress in the vines and the uninterrupted production of assimilates in those conditions ensures that the grapes continue to ripen and to develop an adequate level of sugar, organic acids and aromatic compounds – which play an important role in the quality of the wine – even when there is no rain for long periods during the growing season.

The gently rolling terrain in the ‘Muškat momjanski/Moscato di Momiano’ PDO area provides good, regular air circulation, which helps to reduce the amount of dew formed and to make it dry faster and speeds up the drying of the raindrops on the vine’s above-ground parts, thus preventing or limiting the development of diseases on the vine, especially grey mould. This is necessary in order to ensure that the grapes ripen better and more completely because the absence or less pronounced development of grey mould means that the grapes can be kept on the vine for longer in order to achieve suitable ripeness and to accumulate sufficient levels of chemical ingredients that are important for this wine’s quality, particularly the sugars, organic acids and aromatic compounds in the grapes.

These natural factors combine in the small ‘Muškat momjanski/Moscato di Momiano’ PDO area to provide specific, unique conditions for producing grapes and wines of very high and recognisable quality.

Human factors

The human factors which are directly responsible for the specific character of the grapes and wines of the ‘Muškat momjanski/Moscato di Momiano’ PDO area include the fact that, for decades, the grafts for multiplying planting material have been selected exclusively from top-quality vines from vineyards in the Momjan area, precisely because of the specific character and the quality of the original genetic stock; traditional cultivation using low-load systems with long canes, or a combination of short and long canes, together with the traditional limitation of yields; systematic removal of unwanted shoots; leaf removal; elimination of side shoots and pruning of shoots in order to create a favourable microclimate within the vine, which is essential for achieving appropriate levels of sugar, organic acids and aromatic compounds in the grapes. In addition, the wine-making procedures ensure maximum preservation of the specific, mainly varietal aromas in the wine of the ‘Muškat momjanski/Moscato di Momiano’ PDO. The greatest testimony to the particular quality of the wines of the ‘Muškat momjanski/Moscato di Momiano’ PDO that are produced in this area is the fact that they have been recognisable and renowned over the past hundred years or so, evidence of which is provided by numerous historical sources; the events related to Muškat that traditionally take place in Momjan; the many prizes and awards that the wines have won at national and international competitions and shows; as well as the significant number of winegrower and winemaker families in this area who have been producing this wine for generations.

The ‘Muškat momjanski/Moscato di Momiano’ PDO area, with its unique combination of natural and human factors, is clearly a specific agro-ecological area where high-quality wines with particular characteristics are produced.

9.   Essential further conditions

NONE

Link to the product specification

https://poljoprivreda.gov.hr/UserDocsImages//dokumenti/hrana/zastita_oznaka_izvrsnosti_vina//Specifikacija_proizvoda_Muskat_momjanski.pdf

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(1)  OJ L 347, 20.12.2013, p. 671.

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