# Official Journal C 303/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 303 |
| | |
| English edition | Information and Notices | Volume 6129 August 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 303

English edition

Information and Notices

Volume 6129 August 2018

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 303/01 | Non-opposition to a notified concentration (Case M.8978 — AMF/KLP/Stena Sphere/Stena Renewable) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 303/01

Non-opposition to a notified concentration (Case M.8978 — AMF/KLP/Stena Sphere/Stena Renewable) (
  1
  )

1

1

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| | III   Preparatory acts |
| --- | --- |
| | European Central Bank |
| 2018/C 303/02 CON/2018/33 | Opinion of the European Central Bank of 18 July 2018 on a proposal for a regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims (CON/2018/33) | 2 |

III   Preparatory acts

European Central Bank

2018/C 303/02 CON/2018/33

Opinion of the European Central Bank of 18 July 2018 on a proposal for a regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims (CON/2018/33)

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 303/03 | Euro exchange rates | 6 |
| 2018/C 303/04 | Commission Implementing Decision of 22 August 2018 on the publication in the Official Journal of the European Union of the application for registration of a name referred to in Article 49 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council — Bulot de la Baie de Granville (PGI) | 7 |
| 2018/C 303/05 | Commission Implementing Decision of 21 August 2018 on the publication in the Official Journal of the European Union of the application for registration of a name referred to in Article 49 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (The Vale of Clwyd Denbigh Plum (PDO)) | 12 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 303/03

Euro exchange rates

6

2018/C 303/04

Commission Implementing Decision of 22 August 2018 on the publication in the Official Journal of the European Union of the application for registration of a name referred to in Article 49 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council — Bulot de la Baie de Granville (PGI)

Official Journal of the European Union

7

2018/C 303/05

Commission Implementing Decision of 21 August 2018 on the publication in the Official Journal of the European Union of the application for registration of a name referred to in Article 49 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (The Vale of Clwyd Denbigh Plum (PDO))

Official Journal of the European Union

12

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 303/06 | Prior notification of a concentration (Case M.8958 — DV4/ABP/OMERS/Real estate JV) — Candidate case for simplified procedure (
  1
  ) | 17 |
| 2018/C 303/07 | Prior notification of a concentration (Case M.9006 — Deutsche Asphalt/Bunte/JV) — Candidate case for simplified procedure (
  1
  ) | 19 |
| 2018/C 303/08 | Prior notification of a concentration (Case M.9035 — Charlesbank/Partners Group/H-Food Holdings) — Candidate case for simplified procedure (
  1
  ) | 20 |
| 2018/C 303/09 | Prior notification of a concentration (Case M.9069 — Kuwait Investment Authority/North Sea Midstream Partners) — Candidate case for simplified procedure (
  1
  ) | 21 |
| 2018/C 303/10 | Prior notification of a concentration (Case M.8858 — Boeing/Safran/JV (Auxiliary Power Units)) (
  1
  ) | 22 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 303/06

Prior notification of a concentration (Case M.8958 — DV4/ABP/OMERS/Real estate JV) — Candidate case for simplified procedure (
  1
  )

1

17

2018/C 303/07

Prior notification of a concentration (Case M.9006 — Deutsche Asphalt/Bunte/JV) — Candidate case for simplified procedure (
  1
  )

1

19

2018/C 303/08

Prior notification of a concentration (Case M.9035 — Charlesbank/Partners Group/H-Food Holdings) — Candidate case for simplified procedure (
  1
  )

1

20

2018/C 303/09

Prior notification of a concentration (Case M.9069 — Kuwait Investment Authority/North Sea Midstream Partners) — Candidate case for simplified procedure (
  1
  )

1

21

2018/C 303/10

Prior notification of a concentration (Case M.8858 — Boeing/Safran/JV (Auxiliary Power Units)) (
  1
  )

1

22

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| | Corrigenda |
| --- | --- |
| 2018/C 303/11 | Corrigendum to Council Recommendation of 6 March 2018 concerning a roadmap for the implementation of PESCO ( OJ C 88, 8.3.2018 ) | 23 |

Corrigenda

2018/C 303/11

Corrigendum to Council Recommendation of 6 March 2018 concerning a roadmap for the implementation of PESCO ( OJ C 88, 8.3.2018 )

23

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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

| 29.8.2018 | EN | Official Journal of the European Union | C 303/1 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/1

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Non-opposition to a notified concentration

(Case M.8978 — AMF/KLP/Stena Sphere/Stena Renewable)

(Text with EEA relevance)

(2018/C 303/01)

On 22 August 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 32018M8978. 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 32018M8978. 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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III Preparatory acts

European Central Bank

| 29.8.2018 | EN | Official Journal of the European Union | C 303/2 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/2

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OPINION OF THE EUROPEAN CENTRAL BANK

of 18 July 2018

on a proposal for a regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims

(CON/2018/33)

(2018/C 303/02)

Introduction and legal basis

On 12 March 2018, the European Commission adopted a proposal for a regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims (hereinafter the ‘proposed regulation’) (1). The European Central Bank (ECB) considers that the proposed regulation falls within its scope of competence, and it has therefore decided to exercise its right, as provided for in the second sentence of Article 127(4) and in Article 282(5) of the Treaty on the Functioning of the European Union (hereinafter the ‘Treaty’), to submit its opinion.

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty, since the proposed regulation contains provisions affecting (a) the basic task of the European System of Central Banks (ESCB) to implement the monetary policy of the Union pursuant to Article 127(2) of the Treaty, insofar as the proposed regulation affects the interests of ESCB central banks in connection with the collateralisation of Eurosystem credit operations; and (b) the ESCB’s contribution to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system pursuant to Article 127(5). In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

1.   General observations

| 1.1. | The assignment of claims is one of the means through which financial market participants obtain liquidity and/or access credit necessary for the pursuit of their business activities. At present, the proprietary effects of the assignment of claims are governed by national laws, which are inconsistent across Member States. Specifically for claims that are bank loans, although certain material aspects have been harmonised through Directive 2002/47/EC of the European Parliament and of the Council (2), the validity of their assignment and the constitution of collateral rights over them remain subject to national law (3). Without harmonisation, economic agents in the European Union cannot know which requirements will apply for a valid assignment of or a collateral transaction over a claim in the context of a cross-border transaction (4). Besides, although some measure of harmonisation has been achieved under Article 14 of Regulation (EC) No 593/2008 of the European Parliament and of the Council (5), its provisions do not designate the law applicable to all in rem effects of the assignment of claims (6). Uncertainty in respect of the applicable law in the context of the cross-border assignment of claims raises both legal and financial risks for financial market participants, the mitigation of which entails added financial transaction costs as well as complexities in terms of the realisation of claims in assignor insolvency situations. Uncertainty in terms of which property law applies to the cross-border transfer of claims may discourage assignments, depriving financial market participants of access to credit for the pursuit of business opportunities. |
| --- | --- |

1.1.

| 1.2. | The ECB takes note of the proposed regulation, which seeks to address the question of defining the law governing the effectiveness of the assignment of a claim against third parties, and the priority of the assigned claim over third party claims over the subject matter of the assignment. By supplementing Article 14 of Regulation (EC) No 593/2008, which does not address these specific points, the proposed regulation seeks to establish rules for determining the applicable jurisdiction in respect of the above matters. Thereby it also helps to promote cross-border investment, in line with one of the objectives pursued by the Union through the Capital Markets Union, as already communicated by the Eurosystem earlier on (7). |
| --- | --- |

1.2.

2.   Specific observations

| 2.1. | The general rule under the proposed regulation is that the third-party effects of assignments of claims are to be governed by the law of the country of the assignor’s ‘habitual residence’. The ECB notes that Article 14 of Regulation (EC) No 593/2008 refers, for certain aspects, to the law of the assignment agreement and, for others, to the law of the assigned claim. The general rule under the proposed regulation refers to a third jurisdiction, that of the assignor’s habitual residence. Although legally feasible, the proposed rule has shortcomings, especially in scenarios where credit claims are used as financial collateral within the meaning of Article 1(4)(a) of Directive 2002/47/EC. This is because the reference to the law of a third jurisdiction increases the legal due diligence burden on collateral takers where credit claims, i.e., bank loans, are mobilised as collateral on a cross-border basis. |
| --- | --- |

2.1.

| 2.2. | The explanatory memorandum to the proposed regulation states that about 22 % of Eurosystem refinancing operations are secured by credit claims as collateral, amounting to some EUR 380 billion at the end of the second quarter of 2017, of which around EUR 100 billion represented credit claims mobilised on a cross-border basis (8). As the proposed regulation affects the interests of central banks as collateral takers, i.e. as assignees of claims, the ECB invites the Council to consider the introduction, in Article 4(2) of the proposed regulation (which seeks to create a special regime in the field of finance by providing for the application of the law of the claim in certain situations), of a refinement, to the effect that the law applicable to the claim would also govern the third-party effects of assignments of credit claims, i.e. bank loans. |
| --- | --- |

2.2.

| 2.3. | The ECB makes reference to the acquis in matters of conflict of laws under Article 9 of Directive 2002/47/EC, according to which, for book entry securities in cross-border constellations, the law of a single jurisdiction applies, namely, that of the account in which securities are held through a custodian. This rule, the aim of which is to facilitate cross-border financial collateral transactions in securities, mirrors the acquis under Article 9(2) of Directive 98/26/EC of the European Parliament and of the Council (9), Article 9(2) of which also provides that one law only — that of the relevant account — is applicable. The ECB wishes to recall, in this regard, that when Directive 2009/44/EC of the European Parliament and of the Council (10) was adopted to, inter alia, include credit claims (i.e., bank loans) within the scope of Directive 2002/47/EC, Article 9 thereof was not amended, since negotiations on the content of Article 14 of Regulation (EC) No 593/2008 were still underway. Taking into account the acquis and, in particular, Article 9 of Directive 2002/47/EC and Article 9(2) of Directive 98/26/EC, there is a strong case for defining a single applicable jurisdiction for credit claims as the Union legislator has done for book entry securities. Having regard to Article 14(1) of the Regulation (EC) No 593/2008 and Article 4(2) of the proposed regulation, the most efficient way of minimising the number of laws applicable to credit claims would be to refer, also in the case of bank loans, to the law of the assigned claim. This would achieve a similar degree of legal certainty and simplicity for bank loans mobilised as collateral as has been achieved in the case of collateral transactions in securities. |
| --- | --- |

2.3.

| 2.4. | The explanatory memorandum to the proposed regulation notes that the conflict of laws rules in the proposed regulation, on the one hand, and the conflict of laws rules in Directive 2002/47/EC, Directive 98/26/EC and Directive 2001/24/EC of the European Parliament and of the Council (11), on the other, do not overlap, as the former applies to claims and the latter to book entry securities and instruments, the existence or transfer of which presupposes their recording in a register, an account or a centralised deposit system (12). The ECB nevertheless takes this opportunity to reiterate an issue in respect of Directive 2002/47/EC which is of major importance to the Eurosystem for the acceptance of credit claims as collateral for Eurosystem credit operations. The ECB recalls that Directive 2002/47/EC was amended by Directive 2009/44/EC with the specific aim of facilitating the use by central banks of credit claims as collateral. The ECB issued an opinion on these amendments (13) in which it addressed the issue of ‘non-harmonised sets of rules on credit claims in the different EU jurisdictions’ and flagged the ‘great importance for the Eurosystem to be able to use credit claims as collateral under the regime established by Directive 2002/47/EC, thereby facilitating an informal and efficient operational handling of that kind of asset, in particular through electronic means and including in cross-border constellations.’ |
| --- | --- |

2.4.

| 2.5. | Whilst the proposed regulation only concerns conflict of law rather than substantive issues, the ECB wishes to reiterate its earlier remarks regarding one of the risks stemming from the mobilisation of credit claims as central bank collateral, both across euro area jurisdictions and at Union level, namely the risk of set-off rights being exercised by third party debtors (or guarantors) of such credit claims in respect of amounts owed to such third parties by the creditors of such claims. This risk can significantly reduce the value of the credit claim, and could compromise its ‘adequacy’ as collateral under Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’). If a central bank wishes to realise a credit claim, in the event of counterparty default, the possibility of set-off may entail the partial or total depletion of the credit claim’s collateral value. Article 3(3)(i) of Directive 2002/47/EC, as introduced by Directive 2009/44/EC, only deals with the issue of set-off in a limited manner. A number of Member States have introduced legislation which addresses this risk, by excluding set-off rights in respect of credit claims mobilised as collateral in credit operations with ESCB central banks (14). |
| --- | --- |

2.5.

| 2.6. | The ECB considers the aim of excluding set-off risks associated with the acceptance of credit claims as collateral in Eurosystem credit operations as legitimate and fully in line with the Statute of the ESCB. Protecting the Eurosystem against any potential loss arising from the acceptance of such collateral is closely linked to the requirement laid down in the second indent of Article 18.1 of the Statute of the ESCB, pursuant to which lending by the ESCB central banks must be based on adequate collateral. In addition, adequately addressing set-off risks also facilitates the continued eligibility of credit claims as collateral in Eurosystem credit operations, and thereby contributes to the efficiency of the transmission of monetary policy to the real economy (15). The ECB invites the Council to consider an amendment to Directive 2002/47/EC to exclude the possibility of the debtor (or guarantor) of a credit claim provided as collateral to a central bank in the context of Eurosystem credit operations exercising any right of set-off it may have against the original lender under such claim. To minimise the amount of potential losses in the case of realisation, this exclusion should also cover any third party to whom the credit claim is subsequently assigned by a Eurosystem central bank (16). |
| --- | --- |

2.6.

Where the ECB recommends that the proposed regulation is amended, a specific drafting proposal is set out in a separate technical working document accompanied by an explanatory text to this effect. The technical working document is available in English on the ECB’s website.

This opinion will be published on the ECB’s website.

Done at Frankfurt am Main, 18 July 2018.

The President of the ECB

Mario DRAGHI

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(1)  COM(2018) 96 final.

1

(2)  Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).

2

(3)  Article 3(1) of Directive 2002/47/EC allows Member States to retain the national rules in respect of the creation, validity, perfection, enforceability or admissibility in evidence of a financial collateral arrangement or the provision of financial collateral under a financial collateral arrangement that existed prior to the adoption of Directive 2002/47/EC.

3

(4)  The explanatory memorandum to the proposed regulation aptly states that ‘clarity as to who owns a claim further to its cross-border assignment is relevant for participants in financial markets and also for the real economy’ (see p. 8).

4

(5)  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

5

(6)  This is despite the fact that recital 38 of Regulation (EC) No 593/2008 states that in the context of voluntary assignments Article 14(1) also applies to the property aspects of an assignment, as between assignor and assignee.

6

(7)  See European Commission, Green Paper — Building a Capital Markets Union (COM(2015) 63 final, Brussels, 18.2.2015). Also see European Central Bank, Building a Capital Markets Union – Eurosystem contribution to the European Commission’s Green Paper, 2015.

7

Green Paper — Building a Capital Markets Union

Building a Capital Markets Union – Eurosystem contribution to the European Commission’s Green Paper

(8)  Page 2 and footnote 10 of the explanatory memorandum to the proposed regulation. It should be noted that, at the end of the second quarter of 2017, the amount of Eurosystem credit operations secured by credit claims as collateral and mobilised on a cross-border basis was significantly lower than the referenced amount.

8

(9)  Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).

9

(10)  Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (OJ L 146, 10.6.2009, p. 37).

10

(11)  Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ L 125, 5.5.2001, p. 15).

11

(12)  See page 11 of the explanatory memorandum to the proposed regulation.

12

(13)  See paragraph 9.1 of Opinion CON/2008/37.

13

(14)  See in particular, for instance, paragraph 2 of section I of Article L. 141-4 of the French Financial and Monetary Code, introduced by Article 53 of Law No 2016-1691 of 9 December 2016; Article 26 of the Italian Decree Law No 237 of 23 December 2016, converted into Law by the Law of 17 February 2017, No 15; Article 22-1(4) of the Law of 23 December 1998 concerning the monetary status and the Central Bank of Luxembourg; see also paragraphs 2.1-2.2 of Opinion CON/2006/56; paragraph 2.3 of Opinion CON/2016/37; paragraph 5.1 of Opinion CON/2017/1.

14

(15)  See paragraph 2.2 of Opinion CON/2016/37; paragraph 5.1 of Opinion CON/2017/1.

15

(16)  See paragraph 2.5 of Opinion CON/2016/37.

16

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 29.8.2018 | EN | Official Journal of the European Union | C 303/6 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/6

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Euro exchange rates (1)

28 August 2018

(2018/C 303/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1710 |
| JPY | Japanese yen | 130,03 |
| DKK | Danish krone | 7,4574 |
| GBP | Pound sterling | 0,90680 |
| SEK | Swedish krona | 10,6633 |
| CHF | Swiss franc | 1,1427 |
| ISK | Iceland króna | 124,70 |
| NOK | Norwegian krone | 9,7243 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,713 |
| HUF | Hungarian forint | 323,79 |
| PLN | Polish zloty | 4,2723 |
| RON | Romanian leu | 4,6464 |
| TRY | Turkish lira | 7,3316 |
| AUD | Australian dollar | 1,5924 |
| CAD | Canadian dollar | 1,5128 |
| HKD | Hong Kong dollar | 9,1922 |
| NZD | New Zealand dollar | 1,7444 |
| SGD | Singapore dollar | 1,5945 |
| KRW | South Korean won | 1 294,67 |
| ZAR | South African rand | 16,5894 |
| CNY | Chinese yuan renminbi | 7,9641 |
| HRK | Croatian kuna | 7,4325 |
| IDR | Indonesian rupiah | 17 122,36 |
| MYR | Malaysian ringgit | 4,7970 |
| PHP | Philippine peso | 62,387 |
| RUB | Russian rouble | 79,0727 |
| THB | Thai baht | 38,098 |
| BRL | Brazilian real | 4,7909 |
| MXN | Mexican peso | 21,9495 |
| INR | Indian rupee | 82,0965 |

Currency

Exchange rate

USD

US dollar

1,1710

JPY

Japanese yen

130,03

DKK

Danish krone

7,4574

GBP

Pound sterling

0,90680

SEK

Swedish krona

10,6633

CHF

Swiss franc

1,1427

ISK

Iceland króna

124,70

NOK

Norwegian krone

9,7243

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,713

HUF

Hungarian forint

323,79

PLN

Polish zloty

4,2723

RON

Romanian leu

4,6464

TRY

Turkish lira

7,3316

AUD

Australian dollar

1,5924

CAD

Canadian dollar

1,5128

HKD

Hong Kong dollar

9,1922

NZD

New Zealand dollar

1,7444

SGD

Singapore dollar

1,5945

KRW

South Korean won

1 294,67

ZAR

South African rand

16,5894

CNY

Chinese yuan renminbi

7,9641

HRK

Croatian kuna

7,4325

IDR

Indonesian rupiah

17 122,36

MYR

Malaysian ringgit

4,7970

PHP

Philippine peso

62,387

RUB

Russian rouble

79,0727

THB

Thai baht

38,098

BRL

Brazilian real

4,7909

MXN

Mexican peso

21,9495

INR

Indian rupee

82,0965

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

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| 29.8.2018 | EN | Official Journal of the European Union | C 303/7 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/7

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COMMISSION IMPLEMENTING DECISION

of 22 August 2018

on the publication in the Official Journal of the European Union of the application for registration of a name referred to in Article 49 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council

‘Bulot de la Baie de Granville’ (PGI)

(2018/C 303/04)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 50(2)(a) thereof,

Whereas:

| (1) | France has sent to the Commission an application for protection of the name ‘Bulot de la Baie de Granville’ in accordance with Article 49(4) of Regulation (EU) No 1151/2012. |
| --- | --- |

(1)

France has sent to the Commission an application for protection of the name ‘Bulot de la Baie de Granville’ in accordance with Article 49(4) of Regulation (EU) No 1151/2012.

| (2) | In accordance with Article 50 of Regulation (EU) No 1151/2012 the Commission has examined that application and concluded that it fulfils the conditions laid down in that Regulation. |
| --- | --- |

(2)

In accordance with Article 50 of Regulation (EU) No 1151/2012 the Commission has examined that application and concluded that it fulfils the conditions laid down in that Regulation.

| (3) | In order to allow for the submission of notices of opposition in accordance with Article 51 of Regulation (EU) No 1151/2012, the single document and the reference to the publication of the product specification referred to in Article 50(2)(a) of that Regulation for the name ‘Bulot de la Baie de Granville’ should be published in the Official Journal of the European Union, |
| --- | --- |

(3)

In order to allow for the submission of notices of opposition in accordance with Article 51 of Regulation (EU) No 1151/2012, the single document and the reference to the publication of the product specification referred to in Article 50(2)(a) of that Regulation for the name ‘Bulot de la Baie de Granville’ should be published in the Official Journal of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

The single document and the reference to the publication of the product specification referred to in Article 50(2)(a) of Regulation (EU) No 1151/2012 for the name ‘Bulot de la Baie de Granville’ (PGI) are contained in the Annex to this Decision.

In accordance with Article 51 of Regulation (EU) No 1151/2012, the publication of this Decision shall confer the right to oppose to the registration of the name referred to in the first paragraph of this Article within three months from the date of publication of this Decision in the Official Journal of the European Union.

Done at Brussels, 22 August 2018.

For the Commission

Pierre MOSCOVICI

Member of the Commission

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(1)  OJ L 343, 14.12.2012, p. 1.

1

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ANNEX

SINGLE DOCUMENT

‘BULOT DE LA BAIE DE GRANVILLE’

EU No: PGI-FR-02319 — 4.8.2017

PDO ( ) PGI ( X )

1.   Name(s)

‘Bulot de la Baie de Granville’

2.   Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.7. Fresh fish, molluscs and crustaceans and products derived therefrom

3.2.   Description of the product to which the name in (1) applies

‘Bulot de la Baie de Granville’ is a gastropod mollusc belonging to the species Buccinum undatum. It is sold whole in its shell:

| — | live, or |
| --- | --- |

—

live, or

| — | cooked fresh, pasteurised or frozen. |
| --- | --- |

—

cooked fresh, pasteurised or frozen.

It may be flavoured during cooking.

The colour of the shell, which is often light, varies from white to dark brown and from greenish white to dark green, depending on the amount of algae on the surface. The shell may have reddish spots caused by micro-algae. The foot is ivory-white to cream-white in colour, with small streaks and black spots.

The dimensions are defined as the size of the shell from its apex to the siphonal canal. ‘Bulot de la Baie de Granville’ measures between 47 mm and 70 mm. However, a maximum of 8 % of the batch may consist of individuals smaller than 47 mm and 15 % of individuals larger than 70 mm.

Owing to the time required for the ‘bulot’ (whelk) to reach the required dimensions, they are often carriers of marine organisms (barnacles, worms, sea squirts) called epibionts, which are attached to the shell. Epibionts may not be present on more than 25 % of the ‘bulots’ in batches marketed under the ‘Bulot de la Baie de Granville’ PGI. This proportion is calculated on the basis of individuals that are significant carriers, as measured by comparing them to photographic reference material.

‘Bulot de la Baie de Granville’ smells of iodine, the sea and algae. In the mouth, after cooking, ‘Bulot de la Baie de Granville’ has a tender texture, a noticeable moisture content and iodic, marine and nutty flavours. It may be slightly crunchy owing to the presence of small sediments or shell debris. It does not have a muddy odour or taste.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4.   Specific steps in production that must take place in the defined geographical area

The ‘Bulot de la Baie de Granville’ is fished and landed in the geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6.   Specific rules concerning labelling of the product the registered name refers to

Each individual pack of PGI ‘bulots’ must include:

| — | The name ‘Bulot de la Baie de Granville’, written in clear, legible and indelible characters, the dimensions of which must be larger in both height and width than the characters of any other words on the labelling; |
| --- | --- |

—

The name ‘Bulot de la Baie de Granville’, written in clear, legible and indelible characters, the dimensions of which must be larger in both height and width than the characters of any other words on the labelling;

| — | The European Union PGI logo, which must be placed close to the sales description. |
| --- | --- |

—

The European Union PGI logo, which must be placed close to the sales description.

4.   Concise definition of the geographical area

The geographical area of ‘Bulot de la Baie de Granville’ is defined by:

| — | A maritime fishing area; |
| --- | --- |

—

A maritime fishing area;

| — | A landing area. |
| --- | --- |

—

A landing area.

Fishing area:

‘Bulot de la Baie de Granville’ is fished on the west side of the Cotentin peninsula, in the coastal area extending from the headland of Goury in the north to the headland of Champeaux in the south. It is caught within a coastal strip of 30 nautical miles calculated from the landing points.

Landing area

The landing area comprises all the coastal municipalities between the headland at Goury in the north and the headland at Champeaux in the south. It is made up of the following municipalities of the department of Manche:

Municipalities in their entirety: Agon-Coutainville; Anneville-sur-Mer; Annoville; Barneville-Carteret; Baubigny; Blainville-sur-Mer; Bréhal; Bretteville-sur-Ay; Bréville-sur-Mer; Bricqueville-sur-Mer; Carolles; Champeaux; Coudeville-sur-Mer; Créances; Denneville; Donville-les-Bains; Flamanville; Geffosses; Gouville-sur-Mer; Granville; Hauteville-sur-Mer; Héauville; Heugueville-sur-Sienne; Jullouville; La Haye; Le Rozel; Les Moitiers-d’Allonne; Les Pieux; Lessay; Lingreville; Montmartin-sur-Mer; Orval-sur-siennes; Pirou; Portbail; Regnéville-sur-Mer; Saint-Georges-de-la-Rivière; Saint-Germain-sur-Ay; Saint-Jean-de-la-Rivière; Saint-Lô-d’Ourville; Saint-Pair-sur-Mer; Siouville-Hague; Surtainville; Tourville-sur-Sienne; Tréauville.

Part of the municipality of: La Hague.

5.   Link with the geographical area

Specificity of the geographical area

The Bay of Granville area is characterised by a large tidal range (mean range 10,5 m) and a sharp retreat of the sea at low tide. The movement of the water masses during the tidal cycle produces currents with speeds of up to 2 knots in Granville.

The strength of the currents causes significant dispersion of the water columns, and the water mass undergoes constant vertical mixing (no stratification).

The significant water exchange, caused by the tidal currents and the swell, limits the seasonal variation of the water temperature to about 10 °C. The average temperature is around 17 °C in the summer and 8 °C in the winter.

The strong currents and the large tidal range means that the water masses are continuously renewed by water flowing in from the open sea, and this guarantees excellent water quality and fresh water temperatures.

The Bay of Granville has a certain bathymetric homogeneity, and depths exceeding 50 m can only be found beyond 30 nautical miles of the ports on the west coast of Cotentin.

This is an area rich in shell debris, with very little muddy sediments (fine sediments).

The west coast of Cotentin enjoys a temperate oceanic climate (annual average temperature 11,4 °C) that is very heavily influenced by humid and cool air currents from the Atlantic.

Furthermore, the particularity of the local coast lies in its landscape, which is exposed to predominantly westerly winds and has a mostly sandy facies, except at the northern and southern extremities, which limits the possibility of fishing vessels to find shelter and launching grounds. The need for vessels fishing ‘bulots’ to be located all along the coastal area, and these environmental considerations, are the reason for:

| — | the many slipways and landing points along the coast, |
| --- | --- |

—

the many slipways and landing points along the coast,

| — | the small size of the fishing units (< 12 m), enabling vessels to be taken out of the water or grounded. |
| --- | --- |

—

the small size of the fishing units (< 12 m), enabling vessels to be taken out of the water or grounded.

The ‘bulot’ is part of the traditional diet of the local coastal populations of Normandy. It used to be caught by hand or using a rake at low tide (A. Locard, Manuel Pratique d’Ostréiculture, 1900 and L. Joubin, Etudes sur les Gisements de Coquilles Comestibles des Côtes de France – La presqu’île du Cotentin; Bulletin de l’Institut Océanographique, 1911). The ‘bulot’ was consumed directly but also sought after as bait, which was hooked to fishing lines used to catch higher-value fish such as cod.

During the first half of the twentieth century, small-scale fishing with pots, trawlers or dredges, which were widely used techniques in the Granville area, also supplied by-catches of ‘bulots’, a valuable supplement on fishing trips.

Specialised techniques have been developed since the mid-20th century. In 1947 J. Le Dantec wrote about the targeted fishing of ‘bulots’‘que des doris vont pêcher dans des casiers à proximité de la côte’ (‘that dory boats go fish using pots close to the coast’) (Revue officielle des travaux des pêches maritimes 1947-1949 — Tome XV.FASC. 1-4 No 54-60).

The professional fishing of ‘Bulot de la Baie de Granville’ grew significantly in the second half of the 20th century, thanks to the availability of gear that made it possible to fish larger quantities. Consequently this activity became professional, specialised and profitable. The specific gear used included pots to catch ‘bulots’ and open boxes for their transport.

As early as 1985, a resource management system (vessel size, type of gear, fishing calendar, etc.) was put in place for the ‘bulot’ fished in the Bay of Granville so as to preserve the resource and the small-scale nature of pot fishery.

Specificity of the product

‘Bulot de la Baie de Granville’ is a gastropod of the species Buccinum undatum. It is characterised by:

| — | its being marketed whole, in its shell; |
| --- | --- |

—

its being marketed whole, in its shell;

| — | its freshness; |
| --- | --- |

—

its freshness;

| — | its size: between 47 mm and 70 mm; where less than 15 % of the ‘bulots’ are larger than 70 mm and less than 8 % smaller than 47 mm; |
| --- | --- |

—

its size: between 47 mm and 70 mm; where less than 15 % of the ‘bulots’ are larger than 70 mm and less than 8 % smaller than 47 mm;

| — | when eaten: it contains little or no sediments, tastes of the sea, iodine, algae and nuts and has no muddy smell or taste. |
| --- | --- |

—

when eaten: it contains little or no sediments, tastes of the sea, iodine, algae and nuts and has no muddy smell or taste.

Causal link

The link with the geographical area of ‘Bulot de la Baie de Granville’ is based on its specific quality and reputation.

Its quality results firstly from the combined qualities of the geographical area and the fishermen’s know-how.

The natural conditions of the Bay of Granville (bathymetry, large tidal range, quality and temperature of the water) are ideal for the development of the Buccinum undatum species.

Fishermen have adapted their practices to the characteristics of the area. Owing to the large tidal range, ports are accessible only at high tide. The semi-diurnal tidal flow determines when to depart for and return from a fishing trip: the vessels cannot exceed a fishing time of more than 16 hours.

‘Bulot de la Baie de Granville’ is an attractive product owing to its freshness, guaranteed by the short fishing time, but also to the good preservation of the live ‘bulots’ and their organoleptic characteristics thanks to:

| — | the gentle fishing method using pots, which prevents stress such as shell breakage or mixing with marine sediments, and allows the ‘bulots’ to be lifted out of the water intact and alive, |
| --- | --- |

—

the gentle fishing method using pots, which prevents stress such as shell breakage or mixing with marine sediments, and allows the ‘bulots’ to be lifted out of the water intact and alive,

| — | the selection of fishing areas and the sorting and cleaning carried out by the fishermen, which makes it possible to remove any remaining bait and sediments, |
| --- | --- |

—

the selection of fishing areas and the sorting and cleaning carried out by the fishermen, which makes it possible to remove any remaining bait and sediments,

| — | the local, regular and balanced exploitation of the fishing area, which ensures a relatively small and stable size, |
| --- | --- |

—

the local, regular and balanced exploitation of the fishing area, which ensures a relatively small and stable size,

| — | the storage in open boxes, which helps keep the ‘bulots’ alive and intact until they are sold live or cooked. |
| --- | --- |

—

the storage in open boxes, which helps keep the ‘bulots’ alive and intact until they are sold live or cooked.

The temperate climatic conditions are likewise favourable to the good preservation of the live ‘bulots’, from the moment they come out of the water until they are landed, without any ice being added.

Finally, the sedimentary seabed enhances the gustatory quality of ‘Bulot de la Baie de Granville’. There are virtually not muddy sediments, which are known to weaken the organoleptic characteristics of the ‘bulot’ (dark exterior, muddy smell and taste).

For several decades now, the Bay of Granville has had a good reputation among local residents, which improved further when professional fishing started being developed in the 1980s. The area has become France’s centre for the development of ‘bulot’ fishing and for the marketing of this product in its traditional, whole, form.

As seafood platters became fashionable and products started being sold in cooked form, the sale of ‘Bulot de la Baie de Granville’ played a role in boosting the consumption of ‘bulot’ in France and the reputation of Granville. The very origin of the word ‘bulot’ shows how appreciated ‘Bulot de la Baie de Granville’ is among connaisseurs. Until the 1990s, the official sales name of this mollusc was ‘buccin’, but the product was better known by the name ‘bulot’, a term from Normandy. Its use became more widespread together with the development of marketing, and ‘bulot’ was adopted as an official name alongside ‘buccin’. The full name ‘Bulot de la Baie de Granville’ then started being used in marketing as a means of providing information to the consumer and promoting ‘bulots’ from the Bay of Granville.

The reputation of ‘Bulot de la Baie de Granville’ has spread beyond professional and regional circles through the mainstream press and TV programmes. These include the famous TV series ‘Thalassa’, which is focused on the sea and devoted a special report to the product, called ‘Bulotier à Granville, Reportage sur une pêche un peu spéciale: la pêche aux bulots à Granville’ in May 1996.

The ‘Bay of Granville’ origin is now a true guarantee of quality, as shown in an article on the national and European aspects of the consumption of ‘Bulot de la Baie de Granville’, published in the monthly magazine ‘Terra Eco’ in February 2013: ‘le bulot de Granville, réputé pour sa fraîcheur et son fumet sans arrière-goût de vase, s’exporte aux quatre coins de la France et dans l’Europe voisine.’ (‘The “bulot” of Granville, renown for its freshness and a flavour that has no aftertaste of mud, is exported to the four corners of France and to neighbouring European countries’).

The most beautiful televised elegy to ‘Bulot de la Baie de Granville’ was made by the famous Michelin-starred chef Guy Martin who, in 2014, in an episode of the series ‘Epicerie Fine’ on TV5 Monde dedicated to shellfish in Normandy, declared the following: ‘Les bulots, on en voit de partout, mais il faut choisir le Bulot de la Baie de Granville, parce que ce bulot c’est une région, un savoir-faire, je dirai un terroir, une mer...’ (‘You see “bulots” everywhere, but you have to choose “Bulot de la Baie de Granville”, because this “bulot”, it is also a region, a set of skills, I’d even say a land and a sea...’).

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-5c39eed6-89d4-4c81-9080-78ad68ff8814/telechargement

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| 29.8.2018 | EN | Official Journal of the European Union | C 303/12 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/12

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COMMISSION IMPLEMENTING DECISION

of 21 August 2018

on the publication in the Official Journal of the European Union of the application for registration of a name referred to in Article 49 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council

(‘The Vale of Clwyd Denbigh Plum’ (PDO))

(2018/C 303/05)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 50(2)(a) thereof,

Whereas:

| (1) | The United Kingdom has sent to the Commission an application for protection of the name ‘The Vale of Clwyd Denbigh Plum’ in accordance with Article 49(4) of Regulation (EU) No 1151/2012. |
| --- | --- |

(1)

The United Kingdom has sent to the Commission an application for protection of the name ‘The Vale of Clwyd Denbigh Plum’ in accordance with Article 49(4) of Regulation (EU) No 1151/2012.

| (2) | In accordance with Article 50 of Regulation (EU) No 1151/2012 the Commission has examined that application and concluded that it fulfils the conditions laid down in that Regulation. |
| --- | --- |

(2)

In accordance with Article 50 of Regulation (EU) No 1151/2012 the Commission has examined that application and concluded that it fulfils the conditions laid down in that Regulation.

| (3) | In order to allow for the submission of notices of opposition in accordance with Article 51 of Regulation (EU) No 1151/2012, the single document and the reference to the publication of the product specification referred to in Article 50(2)(a) of that Regulation for the name ‘The Vale of Clwyd Denbigh Plum’ should be published in the Official Journal of the European Union, |
| --- | --- |

(3)

In order to allow for the submission of notices of opposition in accordance with Article 51 of Regulation (EU) No 1151/2012, the single document and the reference to the publication of the product specification referred to in Article 50(2)(a) of that Regulation for the name ‘The Vale of Clwyd Denbigh Plum’ should be published in the Official Journal of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

The single document and the reference to the publication of the product specification referred to in Article 50(2)(a) of Regulation (EU) No 1151/2012 for the name ‘The Vale of Clwyd Denbigh Plum’ (PDO) are contained in the Annex to this Decision.

In accordance with Article 51 of Regulation (EU) No 1151/2012, the publication of this Decision shall confer the right to oppose to the registration of the name referred to in the first paragraph of this Article within three months from the date of publication of this Decision in the Official Journal of the European Union.

Done at Brussels, 21 August 2018.

For the Commission

Pierre MOSCOVICI

Member of the Commission

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(1)  OJ L 343, 14.12.2012, p. 1.

1

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ANNEX

SINGLE DOCUMENT

‘THE VALE OF CLWYD DENBIGH PLUM’

EU No: PDO-GB-02287 – 8.2.2017

PDO ( X ) PGI ( )

1.   Name(s)

‘The Vale of Clwyd Denbigh Plum’

2.   Member State or Third Country

United Kingdom

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.6 Fruit, vegetables and cereals fresh or processed

3.2.   Description of product to which the name in 1 applies

‘The Vale of Clwyd Denbigh Plum’Prunus domestica Linnaeus ‘Denbigh Plum’ is the name given to the Denbigh plum grown in the designated geographical area of the Vale of Clwyd in Denbighshire in North Wales from where the plum originates. The Denbigh plum is the only plum variety native to Wales.

‘The Vale of Clwyd Denbigh Plum’ has the following characteristics depending upon whether the plum is required for culinary purposes and harvested mid-August before they are ripe or required as a dessert plum when the plum is allowed to remain and ripen on the tree and harvested in late August early September.

Culinary

| — | Plum firm to touch |
| --- | --- |

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Plum firm to touch

| — | Orangey-red in colour with yellow patches when the plum begins to ripen |
| --- | --- |

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Orangey-red in colour with yellow patches when the plum begins to ripen

| — | Wax bloom starting to show |
| --- | --- |

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Wax bloom starting to show

| — | Flesh is firm and of a rich yellow with greenish amber tint |
| --- | --- |

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Flesh is firm and of a rich yellow with greenish amber tint

| — | Flesh clings to stone |
| --- | --- |

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Flesh clings to stone

| — | Size 45 mm to 65 mm stalk end to tip |
| --- | --- |

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Size 45 mm to 65 mm stalk end to tip

| — | 40 mm to 55 mm crossway diameter |
| --- | --- |

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40 mm to 55 mm crossway diameter

Dessert

| — | Plum starting to soften when gently squeezed |
| --- | --- |

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Plum starting to soften when gently squeezed

| — | Size 45 mm to 65 mm stalk end to tip |
| --- | --- |

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Size 45 mm to 65 mm stalk end to tip

| — | 40 mm to 55 mm crossway diameter |
| --- | --- |

—

40 mm to 55 mm crossway diameter

| — | Shape — Spherical or slightly elliptical |
| --- | --- |

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Shape — Spherical or slightly elliptical

| — | Colour — Rich red shading towards purple, strewn with golden speckles. Fruit naturally becomes darker as the fruit ages |
| --- | --- |

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Colour — Rich red shading towards purple, strewn with golden speckles. Fruit naturally becomes darker as the fruit ages

| — | Plums covered with a wax bloom (visible whitish bloom) which develops the longer they remain on the tree |
| --- | --- |

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Plums covered with a wax bloom (visible whitish bloom) which develops the longer they remain on the tree

| — | Naturally soft and juicy flesh which is a rich yellow in colour with greenish amber tint |
| --- | --- |

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Naturally soft and juicy flesh which is a rich yellow in colour with greenish amber tint

| — | Flesh — only partially adheres to the stone |
| --- | --- |

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Flesh — only partially adheres to the stone

| — | Mean number of fruit per kg 9-15 (mean 12) |
| --- | --- |

—

Mean number of fruit per kg 9-15 (mean 12)

| — | Brix test (measure of sweetness) 16-19. |
| --- | --- |

—

Brix test (measure of sweetness) 16-19.

With dessert plums, the skin is soft and delicate and should be exempt from bruising. This requires handling the ripened fruit with great care.

The dessert plums have a long growing season which gives the plum more time to fully develop its depth of flavour which is sub acid and sweet. It is this depth of flavour and sweetness which makes ‘The Vale of Clwyd Denbigh Plum’ distinctive.

When cooked the depth of flavour intensifies and the natural sweetness of the plum is enhanced. The texture of the fruit melts in the mouth if eaten when warm.

Most of ‘The Vale of Clwyd Denbigh Plum’ are sold as dessert plums fresh in local markets.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

‘The Vale of Clwyd Denbigh Plum’ must be grown in the identified designated area from trees obtained from grafting or budding by commercial tree nurseries from known specimens or from individual trees located within the designated area. The ‘Vale of Clwyd Denbigh Plum’ must NOT be derived from trees grown from seed. As pollination cannot be controlled, trees grown from seed contain genetic variation and therefore cannot be guaranteed to grow to ‘type’.

3.4.   Specific steps in production that must take place in the identified geographical area

Growing

Pruning (if required)

Pest and disease management/manuring and spraying

Harvesting

Storage (if required)

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6.   Specific rules concerning labelling of the product the registered name refers to

—

4.   Concise definition of the geographical area

The ‘Vale of Clwyd Denbigh Plum’ is grown in the designated geographical area of the Vale of Clwyd in Denbighshire North Wales which encompasses the following wards:

| — | Aberwheeler, |
| --- | --- |

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Aberwheeler,

| — | Bodfari, |
| --- | --- |

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Bodfari,

| — | Cefn Meiriadog, |
| --- | --- |

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Cefn Meiriadog,

| — | Clocaenog, |
| --- | --- |

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Clocaenog,

| — | Cyffylliog, |
| --- | --- |

—

Cyffylliog,

| — | Denbigh, |
| --- | --- |

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Denbigh,

| — | Efenechtyd, |
| --- | --- |

—

Efenechtyd,

| — | Henllan, |
| --- | --- |

—

Henllan,

| — | Llanbedr Dyffryn Clwyd, |
| --- | --- |

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Llanbedr Dyffryn Clwyd,

| — | Llandyrnog, |
| --- | --- |

—

Llandyrnog,

| — | Llanelidan, |
| --- | --- |

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Llanelidan,

| — | Llanfair Dyffryn Clwyd, |
| --- | --- |

—

Llanfair Dyffryn Clwyd,

| — | Llangynhafal, |
| --- | --- |

—

Llangynhafal,

| — | Llanrhaeadr yng Nghinmeirch, |
| --- | --- |

—

Llanrhaeadr yng Nghinmeirch,

| — | Llanynys, |
| --- | --- |

—

Llanynys,

| — | Nantglyn, |
| --- | --- |

—

Nantglyn,

| — | Rhuddlan, |
| --- | --- |

—

Rhuddlan,

| — | Ruthin, |
| --- | --- |

—

Ruthin,

| — | St Asaph, |
| --- | --- |

—

St Asaph,

| — | Trefnant, |
| --- | --- |

—

Trefnant,

| — | Tremeirchion Cwm, |
| --- | --- |

—

Tremeirchion Cwm,

| — | Waen. |
| --- | --- |

—

Waen.

And the ward of Llansannan

5.   Link with the geographical area

The Denbigh Plum originates in the Vale of Clwyd and is the only plum variety native to Wales. The specific environmental and geographical factors in the Vale of Clwyd provide the perfect conditions for these native plums to thrive, and contributes to the specific characteristics of the fruit.

The Vale of Clwyd is a river valley region in North Wales, largely sheltered by surrounding hills including the Clwydian range on the eastern side which runs in a transverse direction from south-east to north-west and is only exposed to the north wind where it opens outward at the coast. The hills provide shelter from the prevailing westerly winds and often cold easterlies. This relatively sheltered environment is essential for plum production as it helps reduce damage to both the blossom and the developing plum.

The Vale of Clwyd represents the most extensive area of Grade 1 and Grade 2 land in Wales according to the Agricultural Land Classification (ALC). The ALC takes into consideration characteristics such as climate, site and soil. As Grade 1 and 2 land, The Vale of Clwyd is defined as either ‘excellent quality’ or ‘very good’ agricultural land. This land is capable of producing consistently high yields of Vale of Clwyd Denbigh Plums.

The land in the Vale of Clwyd is some of the most naturally fertile soils in the UK providing all the nutrients that the trees and plums require. The soils present in the Vale have the ability to retain nutrients such as potassium, magnesium and calcium which are key nutrient requirements for these plums.

The free draining medium textured deep soils (which are naturally occurring in the Vale of Clwyd), encourage the development of strong root architecture which is vital for the plum trees and the production of quality Vale of Clwyd Denbigh Plums.

The limestone geology underlying new soft red Triassic sandstone in the area produces lime rich soils with high pH. Most fruit such as strawberries and raspberries do better on slightly acidic soils, however these plums thrive on the high pH limestone derived soils which are prevalent in the area.

The Vale of Clwyd Denbigh Plum flowers in April and is very susceptible to spring radiation frosts which can have a deleterious effect on the blossom. The influence of the nearby gulfstream provides a microclimate to the Vale of Clwyd that provides a moderating influence and reduces the risk from frosts. In addition the cool moderate temperatures from the gulf stream both extends the flowering period which enables greater pollination, and enables the plum to slowly mature over a prolonged period which provides more time for its flavour to fully develop and intensify.

Historically this region with its fertile soils has had a tradition and reputation for the production of an array of soft fruit production including plums, all of which would have been exhibited at the Vale of Clwyd Horticultural shows, which were famous annual events since the 1850s. By the late 1890s, Denbighshire (which is the main county in the Vale of Clwyd) was the largest county area of soft fruit in Wales. The history of plum production has marked the local area, with streets and houses in Denbigh named after ‘The Vale of Clwyd Denbigh Plum’. One local property which has been in the same family for over a hundred years has an orchard which still produces ‘The Vale of Clwyd Denbigh Plum’ for the commercial market.

The knowledge and skill required for growing ‘The Vale of Clwyd Denbigh Plum’ in the designated area has developed over time. Specific human skills associated with the growing of this fruit which have been passed down from one generation to the next, including: planting and establishment of the plum trees, pruning and tree management, when to harvest, and handling the fruit.

The skin of ‘The Vale of Clwyd Denbigh Plum’ is very soft and delicate compared to more commercially produced plums; this necessitates the fruit should be handled with great care to avoid damage and bruising. Fruit pickers are trained to handle the fruit as little as possible and to pick the fruit by hand by their stems. As a result, freshly picked plums often have a whitish bloom (which protects the fruit) still visible on the fruit.

The Vale of Clwyd benefits from its own microclimate which is affected by the moderating influence of the Gulf Stream and favours the growth of these plums. Plums are among the earliest fruits to blossom and a frost free site is essential to achieve regular cropping as frost poses a severe threat to blossoming trees.

The Denbigh Plum has, unlike most other plums a natural resistance to fungal disease which enables it to remain remarkably disease free despite the warm/damp climate. The Vales climate is also cooler in comparison to other plum growing areas. This provides ‘The Vale of Clwyd Denbigh Plum’ with a long growing season which gives the plum more time to fully develop its flavour. It is this depth of flavour and sweetness which makes ‘The Vale of Clwyd Denbigh Plum’ so distinctive.

The close proximity of the sea and the river Clwyd that runs through the valley not only moderates extreme temperatures but also provides a source of natural irrigation which in combination with the natural high water table in the Vale of Clwyd, satisfies the high moisture requirements of the deep rooted plum trees preventing the need for artificial irrigation.

‘The Vale of Clwyd Denbigh Plum’ has managed not only to survive but to thrive in the natural conditions found in this area with minimal human intervention. This sheltered, flat, fertile and lime rich area’s microclimate with its moderate temperatures natural irrigation system and probability of frost free days during the plum blossoming period, provides the ideal growing conditions for ‘The Vale of Clwyd Denbigh Plum’ and contributes to their specific and unique characteristics.

Until recently, production of ‘The Vale of Clwyd Denbigh Plum’ had largely died out. However in recent years it has experienced a resurgence, bringing together communities in the designated area, and has resulted in the annual ‘The Vale of Clwyd Denbigh Plum’ Feast, which is attended by over 2 000 visitors. This festival showcases the fresh fruit, and the array of products in which it can be used.

The famous Welsh celebrity Chef, Bryn Williams, has become the patron of ‘The Vale of Clwyd Denbigh Plum’ and it is featured in his recipe book, ‘the Love of Veg.’‘The Vale of Clwyd Denbigh Plum’ is recognised throughout Wales and the rest of the UK for its excellence, and is actively sourced by local catering establishments, and has also been nominated by the Slow Food Movement for an Ark of Taste award.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/676695/pfn-vale-clwyd-denbigh-plum.pdf

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 29.8.2018 | EN | Official Journal of the European Union | C 303/17 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/17

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Prior notification of a concentration

(Case M.8958 — DV4/ABP/OMERS/Real estate JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 303/06)

1.

This notification concerns the following undertakings:

| — | Oxford DOOR Investor (UK) LLP (‘Oxford’, United Kingdom); |
| --- | --- |

—

Oxford DOOR Investor (UK) LLP (‘Oxford’, United Kingdom);

| — | DV4 Limited (‘DV4’, British Virgin Islands); |
| --- | --- |

—

DV4 Limited (‘DV4’, British Virgin Islands);

| — | Stichting Depositary APG Strategic Real Estate Pool (‘APG’, the Netherlands). |
| --- | --- |

—

Stichting Depositary APG Strategic Real Estate Pool (‘APG’, the Netherlands).

Oxford, DV4 and APG acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over a newly created joint venture to own, develop and manage residential real estate to offer for rent at the Middlewood Locks site in Manchester (United Kingdom).

The concentration is accomplished by way of purchase of assets.

2.

—   for Oxford: part of the wider OMERS Administration Corporation (‘OMERS’) Group. OMERS is the administrator of the Ontario Municipal Employees Retirement System Primary Pension Plan and trustee of the pension funds. OMERS manages a diversified global portfolio of stocks and bonds as well as real estate, private equity and infrastructure investments;

—   for DV4: a real estate investment fund;

—   for APG: a depositary for an investment fund whose ultimate beneficial owner is Stichting Pensioenfonds ABP, a pension administration organisation that specialises in the field of collective pensions in the public sector.

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.8958 — DV4/ABP/OMERS/Real estate 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

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| 29.8.2018 | EN | Official Journal of the European Union | C 303/19 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/19

---

Prior notification of a concentration

(Case M.9006 — Deutsche Asphalt/Bunte/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 303/07)

1.

This notification concerns the following undertakings:

| — | Deutsche Asphalt GmbH (‘Deutsche Asphalt’, Germany), controlled by Strabag SE (‘Strabag’, Austria), |
| --- | --- |

—

Deutsche Asphalt GmbH (‘Deutsche Asphalt’, Germany), controlled by Strabag SE (‘Strabag’, Austria),

| — | Johann Bunte Bauunternehmung GmbH & Co. KG (‘Bunte’, Germany), |
| --- | --- |

—

Johann Bunte Bauunternehmung GmbH & Co. KG (‘Bunte’, Germany),

| — | a newly established joint venture (Germany) |
| --- | --- |

—

a newly established joint venture (Germany)

Strabag — through its wholly-owned subsidiary Deutsche Asphalt — and Bunte acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the joint venture.

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

2.

—   Deutsche Asphalt: production of different kinds of asphalt for asphalt base, binder and surface courses,

—   Strabag: construction services and materials,

—   Bunte: production and marketing of asphalt mixes and road construction,

—   the joint venture: production and marketing of asphalt mixes. Deutsche Asphalt and Bunte will each bring into the joint venture a number of existing asphalt plants.

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 no later than 10 days following the date of this publication. The following reference should always be specified:

M.9006 — Deutsche Asphalt/Bunte/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 Brussels/Bruxelles/Brussel |
| BELGIUM/BELGIQUE/BELGIË |

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

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Brussels/Bruxelles/Brussel

BELGIUM/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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| 29.8.2018 | EN | Official Journal of the European Union | C 303/20 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/20

---

Prior notification of a concentration

(Case M.9035 — Charlesbank/Partners Group/H-Food Holdings)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 303/08)

1.

This notification concerns the following undertakings:

| — | Charlesbank Capital Partners, LLC (‘Charlesbank’, U.S.A.), |
| --- | --- |

—

Charlesbank Capital Partners, LLC (‘Charlesbank’, U.S.A.),

| — | Partners Group AG (‘Partners Group’, Switzerland), |
| --- | --- |

—

Partners Group AG (‘Partners Group’, Switzerland),

| — | H-Food Holdings, LLC (‘Hearthside’, U.S.A.), controlled by Partners Group. |
| --- | --- |

—

H-Food Holdings, LLC (‘Hearthside’, U.S.A.), controlled by Partners Group.

Charlesbank and Partners Group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Hearthside. The concentration is accomplished by way of purchase of shares.

2.

—   for Charlesbank: a private equity investment firm focusing on management-led buyouts and growth capital financing and also engaging in opportunistic credit investments. Its portfolio includes companies active in a wide range of sectors such as business services and education, consumer, energy, financial services, healthcare, industrial services and distribution, technology, media or telecommunications;

—   for Partners Group: a global private markets investment management company focusing on private equity, private real estate, private infrastructure and private debt. Hearthside, which is solely controlled by affiliates of Partners Group, is active as a contract food manufacturer for food brands and food companies. Hearthside is also active in the field of contract food packaging and contract food packaging equipment.

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.9035 — Charlesbank/Partners Group/H-Food Holdings

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 +32 229-64301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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

Fax +32 229-64301

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

---

| 29.8.2018 | EN | Official Journal of the European Union | C 303/21 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/21

---

Prior notification of a concentration

(Case M.9069 — Kuwait Investment Authority/North Sea Midstream Partners)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 303/09)

1.

This notification concerns the following undertakings:

| — | Kuwait Investment Authority (‘KIA’, Kuwait); |
| --- | --- |

—

Kuwait Investment Authority (‘KIA’, Kuwait);

| — | North Sea Midstream Partners Limited (‘NSMP’, UK). |
| --- | --- |

—

North Sea Midstream Partners Limited (‘NSMP’, UK).

KIA acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of NSMP via a special purpose vehicle, Selkie Investments Midstream Bidco Limited.

The concentration is accomplished by way of purchase of shares.

2.

| — | KIA is a global investor, investing in real estate, private and public equity, fixed income and alternative investment markets across the globe; it principally acquires non-controlling minority stakes; |
| --- | --- |

—

KIA is a global investor, investing in real estate, private and public equity, fixed income and alternative investment markets across the globe; it principally acquires non-controlling minority stakes;

| — | NSMP owns natural gas transportation and processing assets in and around the UK North Sea. |
| --- | --- |

—

NSMP owns natural gas transportation and processing assets in and around the UK North Sea.

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.9069 — Kuwait Investment Authority/North Sea Midstream Partners

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

---

| 29.8.2018 | EN | Official Journal of the European Union | C 303/22 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/22

---

Prior notification of a concentration

(Case M.8858 — Boeing/Safran/JV (Auxiliary Power Units))

(Text with EEA relevance)

(2018/C 303/10)

1.

This notification concerns the following undertakings:

| — | The Boeing Company (‘Boeing’, USA), |
| --- | --- |

—

The Boeing Company (‘Boeing’, USA),

| — | Safran S. A. (‘Safran’, France), |
| --- | --- |

—

Safran S. A. (‘Safran’, France),

| — | JV LLC (USA), |
| --- | --- |

—

JV LLC (USA),

Boeing and Safran acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint-venture (JV LLC).

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

The same concentration was already notified to the Commission on 5 June 2018, but the notification was subsequently withdrawn on 26 June 2018.

2.

—   for Boeing: design, manufacture and sale of commercial jetliners and defence, space and security systems globally. Boeing is also a provider of aftermarket services for the aerospace market,

—   for Safran: design, manufacture and sale of aerospace systems, aircraft equipment and defence globally. Products include aircraft and space engines, electrical and wiring systems and on-board systems for commercial, regional and business aircraft. Safran is also a provider of aftermarket services for its equipment,

—   for JV LLC: design, manufacture and supply auxiliary power units (‘APU Systems’) for use on commercial aircraft. The JV LLC will also provide maintenance, repair and overhaul services and associated spare parts in respect to APU Systems.

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.8858 — Boeing/Safran/JV (Auxiliary power units)

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 +32 229-64301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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

Fax +32 229-64301

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

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Corrigenda

| 29.8.2018 | EN | Official Journal of the European Union | C 303/23 |
| --- | --- | --- | --- |

29.8.2018

EN

Official Journal of the European Union

C 303/23

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Corrigendum to Council Recommendation of 6 March 2018 concerning a roadmap for the implementation of PESCO

(
  Official Journal of the European Union C 88 of 8 March 2018
  )

(2018/C 303/11)

On page 3, point 12, second sentence:

for:

‘... with Article 5(2) of Decision (CFSP) 2017/2315 ...’,

read:

read:

‘... with Article 5(3) of Decision (CFSP) 2017/2315 ...’.

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