# Official Journal C 346/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.346.eng |
| --- | --- |
| Official Journal
  of the European Union | C 346 |
| | |
| English edition | Information and Notices | Volume 5426 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.346.eng

Official Journal

of the European Union

C 346

English edition

Information and Notices

Volume 5426 November 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 346/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 346/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 346/02 | Euro exchange rates | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 346/02

Euro exchange rates

5

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2011/C 346/03 | Alpine Convention — Vacancy for the position of Secretary-General | 6 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2011/C 346/04 | Notice concerning the anti-dumping measures in force in respect of imports into the Union of citric acid originating in the People's Republic of China: change of the name of a company subject to an individual anti-dumping duty rate | 7 |
| 2011/C 346/05 | Notice concerning undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China: change of the name of a company | 8 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 346/06 | State aid — Belgium — State aid MC 11/09 — Extension of the target date of certain divestments by KBC (Articles 107 to 109 of the Treaty on the Functioning of the European Union) (
  1
  ) | 9 |
| 2011/C 346/07 | State aid — Spain — State aid C 45/07 (ex NN 51/07) — Tax amortisation of financial goodwill for foreign shareholding acquisitions (Articles 107 to 109 of the Treaty on the Functioning of the European Union) (
  1
  ) | 14 |
| 2011/C 346/08 | Prior notification of a concentration (Case COMP/M.6429 — Hyundai Motor Company/Hyundai Motor Deutschland/Automobiles Hyundai France/FAAP/FEA) — Candidate case for simplified procedure (
  1
  ) | 16 |
| 2011/C 346/09 | Prior notification of a concentration (Case COMP/M.6396 — Rhenus/Wincanton International) — Candidate case for simplified procedure (
  1
  ) | 17 |
| 2011/C 346/10 | Prior notification of a concentration (Case COMP/M.6399 — DBH/DPV/RM/Pubbles) — Candidate case for simplified procedure (
  1
  ) | 18 |
| 2011/C 346/11 | Prior notification of a concentration (Case COMP/M.6419 — Aviva/Pelayo/Pelayo Mondiale Vida) — Candidate case for simplified procedure (
  1
  ) | 19 |
| 2011/C 346/12 | Prior notification of a concentration (Case COMP/M.6362 — CIN/Tirrenia Business Branch) (
  1
  ) | 20 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2011/C 346/03

Alpine Convention — Vacancy for the position of Secretary-General

6

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2011/C 346/04

Notice concerning the anti-dumping measures in force in respect of imports into the Union of citric acid originating in the People's Republic of China: change of the name of a company subject to an individual anti-dumping duty rate

7

2011/C 346/05

Notice concerning undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China: change of the name of a company

8

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 346/06

State aid — Belgium — State aid MC 11/09 — Extension of the target date of certain divestments by KBC (Articles 107 to 109 of the Treaty on the Functioning of the European Union) (
  1
  )

1

9

2011/C 346/07

State aid — Spain — State aid C 45/07 (ex NN 51/07) — Tax amortisation of financial goodwill for foreign shareholding acquisitions (Articles 107 to 109 of the Treaty on the Functioning of the European Union) (
  1
  )

1

14

2011/C 346/08

Prior notification of a concentration (Case COMP/M.6429 — Hyundai Motor Company/Hyundai Motor Deutschland/Automobiles Hyundai France/FAAP/FEA) — Candidate case for simplified procedure (
  1
  )

1

16

2011/C 346/09

Prior notification of a concentration (Case COMP/M.6396 — Rhenus/Wincanton International) — Candidate case for simplified procedure (
  1
  )

1

17

2011/C 346/10

Prior notification of a concentration (Case COMP/M.6399 — DBH/DPV/RM/Pubbles) — Candidate case for simplified procedure (
  1
  )

1

18

2011/C 346/11

Prior notification of a concentration (Case COMP/M.6419 — Aviva/Pelayo/Pelayo Mondiale Vida) — Candidate case for simplified procedure (
  1
  )

1

19

2011/C 346/12

Prior notification of a concentration (Case COMP/M.6362 — CIN/Tirrenia Business Branch) (
  1
  )

1

20

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.11.2011 | EN | Official Journal of the European Union | C 346/1 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 346/01

| Date of adoption of the decision | 26.9.2011 |
| --- | --- |
| Reference number of State Aid | SA.33068 (11/N) |
| Member State | Spain |
| Region | — |
| Title (and/or name of the beneficiary) | Subvenciones para la contratación de seguridad privada a bordo en los atuneros congeladores que actualmente operan en el Oceano Índico |
| Legal basis | Proyecto de Real Decreto por el que se regula la concesión directa de subvenciones para la contratación de seguridad privada a bordo en los atuneros congeladores que actualmente operan en el Océano Índico
  Ley 38/2003 General de Subvenciones: — Artículo 22.2.c. Artículo 28.2.c |
| Type of measure | Aid scheme |
| Objective | To partially finance the cost of recruiting private security personnel on board freezer tuna vessels fishing in the Indian Ocean in order to protect them against piracy |
| Form of aid | Direct grant |
| Budget | EUR 1 700 000 |
| Intensity | 25 % of the total service expenditure and 50 % for the vessels whose home port is Ceuta and Melilla |
| Duration (period) | Until 31.10.2011 |
| Economic sector | Maritime fisheries |
| Name and address of the granting authority | Ministerio de Medio Ambiente y Medio Rural y Marino |
| Paseo Infanta Isabel, 1 |
| 28014 Madrid |
| ESPAÑA |

Date of adoption of the decision

26.9.2011

Reference number of State Aid

SA.33068 (11/N)

Member State

Spain

Region

—

Title (and/or name of the beneficiary)

Subvenciones para la contratación de seguridad privada a bordo en los atuneros congeladores que actualmente operan en el Oceano Índico

Legal basis

Proyecto de Real Decreto por el que se regula la concesión directa de subvenciones para la contratación de seguridad privada a bordo en los atuneros congeladores que actualmente operan en el Océano Índico

Ley 38/2003 General de Subvenciones: — Artículo 22.2.c. Artículo 28.2.c

Type of measure

Aid scheme

Objective

To partially finance the cost of recruiting private security personnel on board freezer tuna vessels fishing in the Indian Ocean in order to protect them against piracy

Form of aid

Direct grant

Budget

EUR 1 700 000

Intensity

25 % of the total service expenditure and 50 % for the vessels whose home port is Ceuta and Melilla

Duration (period)

Until 31.10.2011

Economic sector

Maritime fisheries

Name and address of the granting authority

Ministerio de Medio Ambiente y Medio Rural y Marino

Paseo Infanta Isabel, 1

28014 Madrid

ESPAÑA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 13.10.2011 |
| --- | --- |
| Reference number of State Aid | SA.33217 (11/N) |
| Member State | Germany |
| Region | Schleswig-Holstein |
| Title (and/or name of the beneficiary) | Verlängerung der staatlichen Beihilfe N 725/07 — Zuwendungen aus der Fischereiabgabe zur Förderung der Fischbestände, der Gewässer und der Fischerei |
| Legal basis | Richtlinie für die Gewährung von Zuwendungen aus den Mitteln der Fischereiabgaben durch das Land Schleswig-Holstein |
| Type of measure | Scheme |
| Objective | Aid to the fisheries sector |
| Form of aid | Direct grant |
| Budget | | Overall: EUR 1 800 000 |

Date of adoption of the decision

13.10.2011

Reference number of State Aid

SA.33217 (11/N)

Member State

Germany

Region

Schleswig-Holstein

Title (and/or name of the beneficiary)

Verlängerung der staatlichen Beihilfe N 725/07 — Zuwendungen aus der Fischereiabgabe zur Förderung der Fischbestände, der Gewässer und der Fischerei

Legal basis

Richtlinie für die Gewährung von Zuwendungen aus den Mitteln der Fischereiabgaben durch das Land Schleswig-Holstein

Type of measure

Scheme

Objective

Aid to the fisheries sector

Form of aid

Direct grant

Budget

Overall: EUR 1 800 000

| | Annual budget: EUR 600 000 |
| --- | --- |

Annual budget: EUR 600 000

Intensity

Max 100 %

Duration (period)

3 years (1.8.2011-30.11.2013)

Economic sector

Fisheries and aquaculture sector

Name and address of the granting authority

| Landesamt für Landwirtschaft, Umwelt und ländliche Räume (LLUR) |
| --- |
| Hamburger Chaussee 25 |
| 24220 Flintbek |
| DEUTSCHLAND |

Landesamt für Landwirtschaft, Umwelt und ländliche Räume (LLUR)

Hamburger Chaussee 25

24220 Flintbek

DEUTSCHLAND

Other information

http://www.schleswig-holstein.de/LLUR/DE/LLUR_node.html

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 14.9.2011 |
| --- | --- |
| Reference number of State Aid | SA.33327 (11/N) |
| Member State | France |
| Region | Région Poitou-Charentes |
| Title (and/or name of the beneficiary) | Plan de soutien exceptionnel aux conchyliculteurs et pisciculteurs de Poitou-Charentes touchés par la tempête Xynthia du 27 au 28 février 2010 |
| Legal basis | Articles L 1511-1, L 1511-2 du Code général des collectivités territoriales
  Arrêté du 1er mars 2010 portant reconnaissance de l'état de catastrophe naturelle Circulaire
  DPMA/SDAEP/C2010-9609 du 14 avril 2010 — Aide à la reconstitution des matériels (remplacement et remise en état) des aquaculteurs (conchyliculteurs et pisciculteurs) victimes de la tempête Xynthia |
| Type of measure | Aid scheme |
| Objective | The granting of financial aid to French fish and shellfish undertakings in the Poitou-Charentes Region and in the department of Charente-Maritime, which were affected by storm Xynthia which hit France during the night of 27-28 February 2010. |
| Form of aid | Direct grant |
| Budget | EUR 2 million |
| Intensity | 75 % |
| Duration (period) | 2011 |
| Economic sectors | Shellfish farming and fish farming |
| Name and address of the granting authority | Région Poitou-Charentes |
| 15 rue de l'Ancienne Comédie BP 575 |
| 86021 Poitiers Cedex |
| FRANCE |

Date of adoption of the decision

14.9.2011

Reference number of State Aid

SA.33327 (11/N)

Member State

France

Region

Région Poitou-Charentes

Title (and/or name of the beneficiary)

Plan de soutien exceptionnel aux conchyliculteurs et pisciculteurs de Poitou-Charentes touchés par la tempête Xynthia du 27 au 28 février 2010

Legal basis

Articles L 1511-1, L 1511-2 du Code général des collectivités territoriales

Arrêté du 1er mars 2010 portant reconnaissance de l'état de catastrophe naturelle Circulaire

DPMA/SDAEP/C2010-9609 du 14 avril 2010 — Aide à la reconstitution des matériels (remplacement et remise en état) des aquaculteurs (conchyliculteurs et pisciculteurs) victimes de la tempête Xynthia

Type of measure

Aid scheme

Objective

The granting of financial aid to French fish and shellfish undertakings in the Poitou-Charentes Region and in the department of Charente-Maritime, which were affected by storm Xynthia which hit France during the night of 27-28 February 2010.

Form of aid

Direct grant

Budget

EUR 2 million

Intensity

75 %

Duration (period)

2011

Economic sectors

Shellfish farming and fish farming

Name and address of the granting authority

Région Poitou-Charentes

15 rue de l'Ancienne Comédie BP 575

86021 Poitiers Cedex

FRANCE

| Département de la Charente-Maritime |
| --- |
| 85 boulevard de la République |
| 17076 La Rochelle Cedex 9 |
| FRANCE |

Département de la Charente-Maritime

85 boulevard de la République

17076 La Rochelle Cedex 9

FRANCE

Other information

Measure complementing the aid granted under the scheme N 119/10

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 20.9.2011 |
| --- | --- |
| Reference number of State Aid | SA.33360 (11/N) |
| Member State | Spain |
| Region | País Vasco |
| Title (and/or name of the beneficiary) | Ayudas para la seguridad de los atuneros congeladores con puerto base en la Comunidad Autonóma des País Vasco que faenan en el Océano Índico |
| Legal basis | Real Decreto 803/2011, de 10 de junio, por el que se regula la concesión directa de subvenciones para la contratación de seguridad privada a bordo en los buques atuneros congeladores que actualmente operan en el Océano Índico. (BOE no 157 de 2.7.2011)
  Acuerdo de consejo de gobierno por la que se concede a Echebastar Fleet, Atunsa, Pevasa, Inpesca y Albacora una subvención directa para contribuir a garantizar la seguridad de los atuneros congeladores con puerto base en la Comunidad Autonoma del País Vasco |
| Type of measure | Aid scheme |
| Objective | To partially finance the cost of recruiting private security personnel on board freezer tuna vessels operating from a fishing port located in the region concerned and fishing in the Indian Ocean in order to protect them against piracy |
| Form of aid | Direct grant |
| Budget | EUR 1 493 946 |
| Intensity | 25 % of the total service expenditure.
  Can be cumulated with aid notified under N 153/10 up to 50 %. |
| Duration (period) | Until 31.12.2011 |
| Economic sectors | Marine fishing |
| Name and address of the granting authority | Dirección de Pesca y Acuicultura del Gobierno Vasco |
| C/ Donostia, 1 |
| Edificio Lakua |
| 01010 Vitoria-Gasteiz |
| ESPAÑA |

Date of adoption of the decision

20.9.2011

Reference number of State Aid

SA.33360 (11/N)

Member State

Spain

Region

País Vasco

Title (and/or name of the beneficiary)

Ayudas para la seguridad de los atuneros congeladores con puerto base en la Comunidad Autonóma des País Vasco que faenan en el Océano Índico

Legal basis

Real Decreto 803/2011, de 10 de junio, por el que se regula la concesión directa de subvenciones para la contratación de seguridad privada a bordo en los buques atuneros congeladores que actualmente operan en el Océano Índico. (BOE no 157 de 2.7.2011)

Acuerdo de consejo de gobierno por la que se concede a Echebastar Fleet, Atunsa, Pevasa, Inpesca y Albacora una subvención directa para contribuir a garantizar la seguridad de los atuneros congeladores con puerto base en la Comunidad Autonoma del País Vasco

Type of measure

Aid scheme

Objective

To partially finance the cost of recruiting private security personnel on board freezer tuna vessels operating from a fishing port located in the region concerned and fishing in the Indian Ocean in order to protect them against piracy

Form of aid

Direct grant

Budget

EUR 1 493 946

Intensity

25 % of the total service expenditure.

Can be cumulated with aid notified under N 153/10 up to 50 %.

Duration (period)

Until 31.12.2011

Economic sectors

Marine fishing

Name and address of the granting authority

Dirección de Pesca y Acuicultura del Gobierno Vasco

C/ Donostia, 1

Edificio Lakua

01010 Vitoria-Gasteiz

ESPAÑA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.11.2011 | EN | Official Journal of the European Union | C 346/5 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/5

---

Euro exchange rates (1)

25 November 2011

2011/C 346/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3229 |
| JPY | Japanese yen | 102,59 |
| DKK | Danish krone | 7,4372 |
| GBP | Pound sterling | 0,85585 |
| SEK | Swedish krona | 9,2505 |
| CHF | Swiss franc | 1,2253 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8360 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,031 |
| HUF | Hungarian forint | 314,32 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6978 |
| PLN | Polish zloty | 4,5143 |
| RON | Romanian leu | 4,3653 |
| TRY | Turkish lira | 2,4946 |
| AUD | Australian dollar | 1,3664 |
| CAD | Canadian dollar | 1,3912 |
| HKD | Hong Kong dollar | 10,3145 |
| NZD | New Zealand dollar | 1,7907 |
| SGD | Singapore dollar | 1,7363 |
| KRW | South Korean won | 1 541,34 |
| ZAR | South African rand | 11,3565 |
| CNY | Chinese yuan renminbi | 8,4307 |
| HRK | Croatian kuna | 7,4924 |
| IDR | Indonesian rupiah | 11 994,71 |
| MYR | Malaysian ringgit | 4,2296 |
| PHP | Philippine peso | 58,289 |
| RUB | Russian rouble | 41,8960 |
| THB | Thai baht | 41,552 |
| BRL | Brazilian real | 2,5127 |
| MXN | Mexican peso | 18,8841 |
| INR | Indian rupee | 69,1080 |

Currency

Exchange rate

USD

US dollar

1,3229

JPY

Japanese yen

102,59

DKK

Danish krone

7,4372

GBP

Pound sterling

0,85585

SEK

Swedish krona

9,2505

CHF

Swiss franc

1,2253

ISK

Iceland króna

NOK

Norwegian krone

7,8360

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,031

HUF

Hungarian forint

314,32

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6978

PLN

Polish zloty

4,5143

RON

Romanian leu

4,3653

TRY

Turkish lira

2,4946

AUD

Australian dollar

1,3664

CAD

Canadian dollar

1,3912

HKD

Hong Kong dollar

10,3145

NZD

New Zealand dollar

1,7907

SGD

Singapore dollar

1,7363

KRW

South Korean won

1 541,34

ZAR

South African rand

11,3565

CNY

Chinese yuan renminbi

8,4307

HRK

Croatian kuna

7,4924

IDR

Indonesian rupiah

11 994,71

MYR

Malaysian ringgit

4,2296

PHP

Philippine peso

58,289

RUB

Russian rouble

41,8960

THB

Thai baht

41,552

BRL

Brazilian real

2,5127

MXN

Mexican peso

18,8841

INR

Indian rupee

69,1080

---

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

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 26.11.2011 | EN | Official Journal of the European Union | C 346/6 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/6

---

Alpine Convention — Vacancy for the position of Secretary-General

2011/C 346/03

The position of Secretary-General of the Alpine Convention is vacant. Please find detailed information at: http://www.alpconv.org

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 26.11.2011 | EN | Official Journal of the European Union | C 346/7 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/7

---

Notice concerning the anti-dumping measures in force in respect of imports into the Union of citric acid originating in the People's Republic of China: change of the name of a company subject to an individual anti-dumping duty rate

2011/C 346/04

Imports of citric acid originating in the People's Republic of China are subject to a definitive anti-dumping duty, imposed by Council Regulation (EC) No 1193/2008 of 1 December 2008 (1).

Anhui BBCA Biochemical Co. Ltd, a company located in the People's Republic of China, whose exports to the Union of citric acid are subject to an anti-dumping duty of 35,7 % imposed pursuant to Article 1(2) of Regulation (EC) No 1193/2008, has informed the Commission that on 26 April 2011, it has changed its name to ‘COFCO Biochemical (Anhui) Co., Ltd’.

The company has argued that the change of name does not affect the right of the company to benefit from the individual duty rate applied to the company under its previous name ‘Anhui BBCA Biochemical Co., Ltd’.

The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Regulation (EC) No 1193/2008. Therefore, the reference, in Article 1(2) of Regulation (EC) No 1193/2008 to:

Anhui BBCA Biochemical Co., Ltd

should be read as:

COFCO Biochemical (Anhui) Co., Ltd.

The TARIC additional code A874 previously attributed to Anhui BBCA Biochemical Co., Ltd — No 73, Daqing Road, Bengbu City 233010, Anhui Province, PRC shall apply to COFCO Biochemical (Anhui) Co., Ltd — No 73, Daqing Road, Bengbu City 233010, Anhui Province, PRC.

---

(1)  OJ L 323, 3.12.2008, p. 1.

---

| 26.11.2011 | EN | Official Journal of the European Union | C 346/8 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/8

---

Notice concerning undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China: change of the name of a company

2011/C 346/05

The undertakings offered in the framework of an anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China were accepted by Commission Decision 2008/899/EC (1).

Anhui BBCA Biochemical Co. Ltd, a company located in the People's Republic of China, whose undertaking was accepted by Decision 2008/899/EC, has informed the Commission that on 26 April 2011 it has changed its name to COFCO Biochemical (Anhui) Co. Ltd.

The company has argued that the change of name does not affect the right of the company to benefit from the terms of the undertaking accepted under its previous name of Anhui BBCA Biochemical Co. Ltd.

The Commission has examined the information provided and has concluded that the change of name in no way affects the findings of Decision 2008/899/EC. Therefore, the reference, in Article 1 of Decision 2008/899/EC to:

Anhui BBCA Biochemical Co. Ltd — No 73 Daqing Road, Bengbu City 233010, Anhui Province, PRC

should be read as:

COFCO Biochemical (Anhui) Co. Ltd — No 73 Daqing Road, Bengbu City 233010, Anhui Province, PRC.

The TARIC additional code A874 previously attributed to Anhui BBCA Biochemical Co. Ltd — No 73 Daqing Road, Bengbu City 233010, Anhui Province, PRC shall apply to COFCO Biochemical (Anhui) Co. Ltd — No 73 Daqing Road, Bengbu City 233010, Anhui Province, PRC.

---

(1)  OJ L 323, 3.12.2008, p. 62.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 26.11.2011 | EN | Official Journal of the European Union | C 346/9 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/9

---

STATE AID — BELGIUM

State aid MC 11/09 — Extension of the target date of certain divestments by KBC

(Articles 107 to 109 of the Treaty on the Functioning of the European Union)

(Text with EEA relevance)

2011/C 346/06

The Commission notified Belgium by letter of 16 December 2010 of its sui generis decision regarding the aid MC 11/09.

TEXT OF LETTER

‘I.   PROCEDURE

| (1) | By Decision of 18 November 2009, the Commission approved the restructuring plan of KBC submitted after it had received a capital injection of EUR 7 billion of capital (CT1 securities) and additional aid of approximately EUR 260 million resulting from an impaired asset relief measure covering a portfolio of Collateralised Debt Obligations with a notional value of EUR 20 billion (hereinafter referred to as the “KBC Decision”) (1). |
| --- | --- |

(1)

By Decision of 18 November 2009, the Commission approved the restructuring plan of KBC submitted after it had received a capital injection of EUR 7 billion of capital (CT1 securities) and additional aid of approximately EUR 260 million resulting from an impaired asset relief measure covering a portfolio of Collateralised Debt Obligations with a notional value of EUR 20 billion (hereinafter referred to as the “KBC Decision”) (1).

| (2) | According to indents (i), (iv) and (v) of recital 80 of the KBC Decision, the Belgian authorities and KBC have provided the commitment that KBC will divest [...] (2), Centea and Fidea before the target date of 31 December 2010. |
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(2)

According to indents (i), (iv) and (v) of recital 80 of the KBC Decision, the Belgian authorities and KBC have provided the commitment that KBC will divest [...] (2), Centea and Fidea before the target date of 31 December 2010.

| (3) | Recital 89 of the KBC Decision provides that:
  “Where appropriate and on the basis of a sufficiently reasoned request from the Belgian authorities and KBC and taking into consideration the views of the monitoring trustee, the Commission may:






  (i) | extend the target dates for implementation of the divestments:






  (a) | as regards the divestments to be implemented [...], the target date may be extended [...], [...], and subsequently by [...], [...]; |
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(3)

Recital 89 of the KBC Decision provides that:

“Where appropriate and on the basis of a sufficiently reasoned request from the Belgian authorities and KBC and taking into consideration the views of the monitoring trustee, the Commission may:

(i)

extend the target dates for implementation of the divestments:

(a)

as regards the divestments to be implemented [...], the target date may be extended [...], [...], and subsequently by [...], [...];

| (b) | as regards the divestment to be implemented [...], the target date may be extended by [...], [...]; |
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(b)

as regards the divestment to be implemented [...], the target date may be extended by [...], [...];

Such extension may be granted in particular when the divestments will not be implemented by these dates through no fault of KBC.

KBC will not be obliged to sell a Divestment Business [...] except where [...], in which case KBC shall not be obliged to sell the relevant Divestment Business at a price [...].

| (ii) | dispense with, amend or replace one or more of the measures, requirements or conditions set out in this Decision.” |
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(ii)

dispense with, amend or replace one or more of the measures, requirements or conditions set out in this Decision.”

| (4) | Recital 90 of the KBC Decision provides that any request for an extension of the target date for the divestments by the Belgian authorities should be send two months prior to the target date set out in recital 80 of the KBC Decision. |
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(4)

Recital 90 of the KBC Decision provides that any request for an extension of the target date for the divestments by the Belgian authorities should be send two months prior to the target date set out in recital 80 of the KBC Decision.

| (5) | On 29 October 2010, the Belgian authorities submitted to the Commission a request to extend the target date for the divestments of Centea, Fidea and [...] (hereinafter “the extension request”). |
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(5)

On 29 October 2010, the Belgian authorities submitted to the Commission a request to extend the target date for the divestments of Centea, Fidea and [...] (hereinafter “the extension request”).

| (6) | Pursuant to the submission by the Belgian authorities, the Commission requested the monitoring trustee for KBC to provide his opinion on the extension request on 3 November 2010. The Commission received the monitoring trustee's opinion on 17 November 2010. |
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(6)

Pursuant to the submission by the Belgian authorities, the Commission requested the monitoring trustee for KBC to provide his opinion on the extension request on 3 November 2010. The Commission received the monitoring trustee's opinion on 17 November 2010.

| (7) | The Commission requested further information regarding the extension request on 15, 18 and 24 November 2010 and received the information on 17, 19 and 24 November 2010. |
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(7)

The Commission requested further information regarding the extension request on 15, 18 and 24 November 2010 and received the information on 17, 19 and 24 November 2010.

| (8) | The Belgian authorities informed the Commission that for reasons of urgency they exceptionally accept that this decision is adopted in the English language. |
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(8)

The Belgian authorities informed the Commission that for reasons of urgency they exceptionally accept that this decision is adopted in the English language.

II.   FACTS

1.   Description of KBC and the commitments

| (9) | The KBC Group NV (hereinafter “KBC”) is the holding company of KBC Bank, KBC Insurance and KBL European Private Bankers (hereinafter “KBL EPB”). KBC is an integrated bancassurance group, catering mainly for retail customers, small- and medium-sized enterprises (hereinafter “SMEs”) and private banking clientele. KBC is one of the main financial institutions in Belgium. Besides its activities in Belgium, central and eastern Europe, KBC is present in Russia, Romania, Serbia, several western European countries including Ireland, and to a lesser extent in the US and Southeast Asia. At the end of 2009, KBC had a total balance sheet of EUR 324,2 billion. A more detailed description of KBC has been included in recitals 11 to 15 of the KBC Decision. |
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(9)

The KBC Group NV (hereinafter “KBC”) is the holding company of KBC Bank, KBC Insurance and KBL European Private Bankers (hereinafter “KBL EPB”). KBC is an integrated bancassurance group, catering mainly for retail customers, small- and medium-sized enterprises (hereinafter “SMEs”) and private banking clientele. KBC is one of the main financial institutions in Belgium. Besides its activities in Belgium, central and eastern Europe, KBC is present in Russia, Romania, Serbia, several western European countries including Ireland, and to a lesser extent in the US and Southeast Asia. At the end of 2009, KBC had a total balance sheet of EUR 324,2 billion. A more detailed description of KBC has been included in recitals 11 to 15 of the KBC Decision.

| (10) | In order inter alia to restore its long-term viability KBC has received the aid measures specified in point 1. Those measures were approved by the Commission in the KBC Decision subject to several commitments made by the Belgian authorities and KBC. Those commitments included that KBC will divest a number of businesses by certain target dates (recital 80) including Centea, Fidea and [...] before 31 December 2010 and that KBC will abide by certain behavioural safeguards (recitals 63 to 77 of the KBC Decision). |
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(10)

In order inter alia to restore its long-term viability KBC has received the aid measures specified in point 1. Those measures were approved by the Commission in the KBC Decision subject to several commitments made by the Belgian authorities and KBC. Those commitments included that KBC will divest a number of businesses by certain target dates (recital 80) including Centea, Fidea and [...] before 31 December 2010 and that KBC will abide by certain behavioural safeguards (recitals 63 to 77 of the KBC Decision).

2.   Description of the divestments and the divestment process

Centea and Fidea

| (11) | Centea and Fidea represent KBC's secondary distribution channel for retail banking and insurance products in Belgium. Centea (agent-based banking business) provides retail banking products and has a market share of around [...] % in mortgages and [...] % in retail deposits in Belgium (as at 31 December 2008). It has a network of 712 branches in Belgium and has its own front-office function. Centea's back-office services (including IT) are provided by KBC. Centea's total balance sheet as at the end of 2008 totalled EUR 9,5 billion. |
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(11)

Centea and Fidea represent KBC's secondary distribution channel for retail banking and insurance products in Belgium. Centea (agent-based banking business) provides retail banking products and has a market share of around [...] % in mortgages and [...] % in retail deposits in Belgium (as at 31 December 2008). It has a network of 712 branches in Belgium and has its own front-office function. Centea's back-office services (including IT) are provided by KBC. Centea's total balance sheet as at the end of 2008 totalled EUR 9,5 billion.

| (12) | Fidea (agent-based insurance business) is active in both the life insurance market, where it has a market share of around [...] %, and non-life insurance (health, car and home insurance), where it has a market share of around [...] % (as at 31 December 2008). It distributes its products through a network of 4 981 brokers (of which 715 are Centea's agents). Its front- and back-office services are mainly provided by KBC. Fidea's total balance sheet as at 31 December 2008 amount to around EUR 3 billion. |
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(12)

Fidea (agent-based insurance business) is active in both the life insurance market, where it has a market share of around [...] %, and non-life insurance (health, car and home insurance), where it has a market share of around [...] % (as at 31 December 2008). It distributes its products through a network of 4 981 brokers (of which 715 are Centea's agents). Its front- and back-office services are mainly provided by KBC. Fidea's total balance sheet as at 31 December 2008 amount to around EUR 3 billion.

| (13) | For both Centea and Fidea, the Belgian authorities and KBC submit that the complexity of the carve-out process was such that it delayed the start of the sales process and as a result they will be unable to complete it before the target date of 31 December 2010. |
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(13)

For both Centea and Fidea, the Belgian authorities and KBC submit that the complexity of the carve-out process was such that it delayed the start of the sales process and as a result they will be unable to complete it before the target date of 31 December 2010.

| (14) | KBC, Centea and Fidea are highly integrated with each other, with many centralised products, processes and IT functions. Support functions, such as legal, tax, audit, compliance, etc., were also shared. In all, KBC found that it provided 163 and 193 services to Centea and Fidea respectively. Of those services, KBC mapped those which could be dealt with independently by Centea and Fidea upon closing of the sale (60 and 100 respectively) and those which would require transitional agreements with the buyer(s). The identification, mapping and resolution processes were very complex and time-consuming. |
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(14)

KBC, Centea and Fidea are highly integrated with each other, with many centralised products, processes and IT functions. Support functions, such as legal, tax, audit, compliance, etc., were also shared. In all, KBC found that it provided 163 and 193 services to Centea and Fidea respectively. Of those services, KBC mapped those which could be dealt with independently by Centea and Fidea upon closing of the sale (60 and 100 respectively) and those which would require transitional agreements with the buyer(s). The identification, mapping and resolution processes were very complex and time-consuming.

| (15) | The Belgian authorities have submitted that the proper execution of those divestments requires the completion of a complex process of disentanglement, i.e. the separation of Centea and Fidea from KBC into distinct and separately saleable entities. That disentanglement exercise is a precondition for a divestment and needed to be completed prior to launching the sale process of Centea and Fidea. |
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(15)

The Belgian authorities have submitted that the proper execution of those divestments requires the completion of a complex process of disentanglement, i.e. the separation of Centea and Fidea from KBC into distinct and separately saleable entities. That disentanglement exercise is a precondition for a divestment and needed to be completed prior to launching the sale process of Centea and Fidea.

| (16) | In that context, the Belgian authorities and KBC point out that a properly executed disentanglement process is required by recital 81 of the KBC Decision, which states that the businesses' value must be preserved by KBC while carrying out the divestment process, and with recital 83 of the KBC Decision, according to which KBC shall preserve notably the marketability of the businesses and shall minimise any risk of loss of their competitive potential. Finally, a fully documented disentanglement is fundamental for a proper execution of the transitional arrangements, as set out in recital 82 of the KBC Decision, and for guaranteeing proper business continuity for both entities after the divestment as required by the relevant supervisory authorities. |
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(16)

In that context, the Belgian authorities and KBC point out that a properly executed disentanglement process is required by recital 81 of the KBC Decision, which states that the businesses' value must be preserved by KBC while carrying out the divestment process, and with recital 83 of the KBC Decision, according to which KBC shall preserve notably the marketability of the businesses and shall minimise any risk of loss of their competitive potential. Finally, a fully documented disentanglement is fundamental for a proper execution of the transitional arrangements, as set out in recital 82 of the KBC Decision, and for guaranteeing proper business continuity for both entities after the divestment as required by the relevant supervisory authorities.

| (17) | According to the submission, KBC considers that it has committed significant resources to those divestments. It has been a priority of the organisation, with full participation from top management. In addition to substantial internal resources, it has also engaged external advisors to help the process. |
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(17)

According to the submission, KBC considers that it has committed significant resources to those divestments. It has been a priority of the organisation, with full participation from top management. In addition to substantial internal resources, it has also engaged external advisors to help the process.

| (18) | Despite these efforts, the Belgian authorities and KBC state that the complexity of the carve-out meant that it was only completed end-October 2010 instead of mid-June 2010, as was originally envisaged. In their view, it was essential to complete the disentanglement prior to properly launching the sales process in order to provide clarity to potential buyers and allow the proper execution of the necessary transitional arrangements. |
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(18)

Despite these efforts, the Belgian authorities and KBC state that the complexity of the carve-out meant that it was only completed end-October 2010 instead of mid-June 2010, as was originally envisaged. In their view, it was essential to complete the disentanglement prior to properly launching the sales process in order to provide clarity to potential buyers and allow the proper execution of the necessary transitional arrangements.

| (19) | KBC has recently sent out investment memoranda to potential buyers of [...] and Fidea. According to the timeline submitted by the Belgian authorities, KBC expects to receive expressions of interest in [...] and hopes to close the sales process of both Centea and Fidea by [...]. The Belgian authorities therefore request the Commission to extend the target date for the divestment of these businesses [...].
  [...] |
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(19)

KBC has recently sent out investment memoranda to potential buyers of [...] and Fidea. According to the timeline submitted by the Belgian authorities, KBC expects to receive expressions of interest in [...] and hopes to close the sales process of both Centea and Fidea by [...]. The Belgian authorities therefore request the Commission to extend the target date for the divestment of these businesses [...].

[...]

| (20) | KBC owns two businesses in [...]; it owns [...] % of the shares of [...] and [...] % of the shares in [...] (hereinafter together referred to as [...]). [...] is located in [...] and employs [...] people. It is active in corporate banking (3) for local small-, medium-sized and large companies. It furthermore provides private banking services to private individuals. The results for 2009 show that its total net income amounted to EUR [...] million (of which EUR [...] million net interest income) and that [...] generated a profit after tax of EUR [...] million. The figures for the first half of 2010 show that its total net income amounted to EUR [...] million and that it generated a profit of EUR [...] million. |
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(20)

KBC owns two businesses in [...]; it owns [...] % of the shares of [...] and [...] % of the shares in [...] (hereinafter together referred to as [...]). [...] is located in [...] and employs [...] people. It is active in corporate banking (3) for local small-, medium-sized and large companies. It furthermore provides private banking services to private individuals. The results for 2009 show that its total net income amounted to EUR [...] million (of which EUR [...] million net interest income) and that [...] generated a profit after tax of EUR [...] million. The figures for the first half of 2010 show that its total net income amounted to EUR [...] million and that it generated a profit of EUR [...] million.

| (21) | [...] is located in [...] and employs around [...] people. It offers [...]. It also offers [...]. [...]. In 2009 its total net interest income amounted to EUR [...] million, generating a profit of EUR [...] million. The results until the end of September 2010 show a net interest income of EUR [...] million, generating a profit of EUR [...] million. |
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(21)

[...] is located in [...] and employs around [...] people. It offers [...]. It also offers [...]. [...]. In 2009 its total net interest income amounted to EUR [...] million, generating a profit of EUR [...] million. The results until the end of September 2010 show a net interest income of EUR [...] million, generating a profit of EUR [...] million.

| (22) | KBC [...]. The Belgian authorities and KBC claim that market conditions [...] as well as new [...] regulations, [...], meant that [...]. KBC therefore decided [...] in a parallel process [...]. |
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(22)

KBC [...]. The Belgian authorities and KBC claim that market conditions [...] as well as new [...] regulations, [...], meant that [...]. KBC therefore decided [...] in a parallel process [...].

| (23) | [...], KBC has started to prepare for the divestment of both businesses. It has established dedicated teams to disentangle [...] and prepare it for sale. KBC has also engaged an investment advisor. It plans to send out the information memorandum for both businesses [...], with a view to closing the sale [...]. |
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(23)

[...], KBC has started to prepare for the divestment of both businesses. It has established dedicated teams to disentangle [...] and prepare it for sale. KBC has also engaged an investment advisor. It plans to send out the information memorandum for both businesses [...], with a view to closing the sale [...].

| (24) | The Belgian authorities and KBC argue that the sales perspectives [...]. KBC has sought expert advice from [...] who confirmed that the current sales price KBC could expect for both businesses would be around [...]. That estimate is based on comparable transactions [...]. Given that information, KBC did not consider it possible to sell [...] and thus did not launch the sale process. |
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(24)

The Belgian authorities and KBC argue that the sales perspectives [...]. KBC has sought expert advice from [...] who confirmed that the current sales price KBC could expect for both businesses would be around [...]. That estimate is based on comparable transactions [...]. Given that information, KBC did not consider it possible to sell [...] and thus did not launch the sale process.

| (25) | The Belgian authorities therefore request that, since prevailing market conditions were such that it was not possible for KBC to complete a sale of [...], KBC should be granted an extension [...] to execute the divestment. |
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(25)

The Belgian authorities therefore request that, since prevailing market conditions were such that it was not possible for KBC to complete a sale of [...], KBC should be granted an extension [...] to execute the divestment.

3.   Opinion of the monitoring trustee

| (26) | As provided for in recital 89 of the KBC Decision, the Commission requested the monitoring trustee for his opinion. The monitoring trustee has provided the following opinion. |
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(26)

As provided for in recital 89 of the KBC Decision, the Commission requested the monitoring trustee for his opinion. The monitoring trustee has provided the following opinion.

Centea and Fidea

| (27) | The monitoring trustee has indicated that he was kept fully informed throughout the sale preparation process for Centea and Fidea. He agrees with the assessment of the Belgian authorities and has indicated that it is important that the process of disentanglement is well documented and clearly presented prior to launching the marketing process. He stated that the scale of the task required more time than envisaged originally, which has delayed the start of the sale process itself. In his opinion, however, “KBC has made its best effort to conduct this disentanglement preparation as quickly as reasonably possible taking into account the large number and the complexity of the tasks to be performed”. |
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(27)

The monitoring trustee has indicated that he was kept fully informed throughout the sale preparation process for Centea and Fidea. He agrees with the assessment of the Belgian authorities and has indicated that it is important that the process of disentanglement is well documented and clearly presented prior to launching the marketing process. He stated that the scale of the task required more time than envisaged originally, which has delayed the start of the sale process itself. In his opinion, however, “KBC has made its best effort to conduct this disentanglement preparation as quickly as reasonably possible taking into account the large number and the complexity of the tasks to be performed”.

| (28) | With regard to the sales process, the monitoring trustee has outlined in his opinion that KBC conducted a pre-sounding phase with selected potential bidders. [...], it has sent the information memoranda to parties that expressed an interest in Centea and/or Fidea. The key next step is the receipt of indicative offers [...]. KBC anticipates agreeing a sale and signing a sale purchase agreement [...]. In the monitoring trustee's opinion KBC has contacted the widest possible range of potential purchasers for Centea/Fidea, the material prepared for the bidders is well documented and the new divestment target date is workable.
  [...]
  The monitoring trustee concurs with the assessment of KBC [...]. The monitoring trustee has supplied the Commission with a summary of the market information provided by KBC's investment advisors. They all confirm that [...]. [...]. In the view of the monitoring trustee, any sale of [...]. |
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(28)

With regard to the sales process, the monitoring trustee has outlined in his opinion that KBC conducted a pre-sounding phase with selected potential bidders. [...], it has sent the information memoranda to parties that expressed an interest in Centea and/or Fidea. The key next step is the receipt of indicative offers [...]. KBC anticipates agreeing a sale and signing a sale purchase agreement [...]. In the monitoring trustee's opinion KBC has contacted the widest possible range of potential purchasers for Centea/Fidea, the material prepared for the bidders is well documented and the new divestment target date is workable.

[...]

The monitoring trustee concurs with the assessment of KBC [...]. The monitoring trustee has supplied the Commission with a summary of the market information provided by KBC's investment advisors. They all confirm that [...]. [...]. In the view of the monitoring trustee, any sale of [...].

| (29) | As regards the current status of the divestment process, the monitoring trustee considers that KBC has taken the necessary measures to ensure an efficient divestment process of [...]. The monitoring trustee furthermore considers that the projected sale completion date of [...]. However, [...], the monitoring trustee considers that an improvement in market conditions is necessary [...]. |
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(29)

As regards the current status of the divestment process, the monitoring trustee considers that KBC has taken the necessary measures to ensure an efficient divestment process of [...]. The monitoring trustee furthermore considers that the projected sale completion date of [...]. However, [...], the monitoring trustee considers that an improvement in market conditions is necessary [...].

4.   Position of the Belgian authorities

| (30) | The Belgian authorities point out that the KBC Decision foresees a possible extension of the divestment target dates subject to Commission approval. |
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(30)

The Belgian authorities point out that the KBC Decision foresees a possible extension of the divestment target dates subject to Commission approval.

| (31) | They furthermore consider that for the divestment of Centea and Fidea, the delay to the start of the sales process has been caused by the complex disentanglement that had to precede the sales process. KBC has furthermore taken all reasonable efforts to ensure that the divestment of Centea and Fidea is carried out as soon as possible. According to the Belgian authorities it is therefore justified that the target date for the divestments is extended by one year. |
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(31)

They furthermore consider that for the divestment of Centea and Fidea, the delay to the start of the sales process has been caused by the complex disentanglement that had to precede the sales process. KBC has furthermore taken all reasonable efforts to ensure that the divestment of Centea and Fidea is carried out as soon as possible. According to the Belgian authorities it is therefore justified that the target date for the divestments is extended by one year.

| (32) | Regarding [...], the Belgian authorities point out that the KBC [...]. Furthermore, market conditions [...]. As KBC is not obliged [...] and given the reasonable efforts undertaken by KBC to divest [...], an extension of the target date for the divestment is justified. |
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(32)

Regarding [...], the Belgian authorities point out that the KBC [...]. Furthermore, market conditions [...]. As KBC is not obliged [...] and given the reasonable efforts undertaken by KBC to divest [...], an extension of the target date for the divestment is justified.

| (33) | The Belgian authorities furthermore argue that the extension of the target dates is consistent with the KBC Decision and the restructuring plan submitted for KBC by the Belgian authorities. It would also not interfere with the intended purpose of the measures as described in the KBC Decision. |
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(33)

The Belgian authorities furthermore argue that the extension of the target dates is consistent with the KBC Decision and the restructuring plan submitted for KBC by the Belgian authorities. It would also not interfere with the intended purpose of the measures as described in the KBC Decision.

| (34) | The Belgian authorities underline that KBC will continue to fulfil its obligations towards the divestment businesses in terms of managing them as distinct and separately saleable entities in their best interest while preserving their economic viability, marketability and competitiveness. |
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(34)

The Belgian authorities underline that KBC will continue to fulfil its obligations towards the divestment businesses in terms of managing them as distinct and separately saleable entities in their best interest while preserving their economic viability, marketability and competitiveness.

III.   ASSESSMENT

| (35) | Regarding the legal basis for the present decision, it should be noted that the question of authorising an extension of the target date for the divestments of Centea, Fidea and [...] arises in the context of the implementation of the KBC Decision. As a result of the commitments made by the Belgian authorities and KBC, the KBC Decision allows an extension of these target dates if authorised by the Commission. This decision will thus specify the implementation of the KBC Decision. |
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(35)

Regarding the legal basis for the present decision, it should be noted that the question of authorising an extension of the target date for the divestments of Centea, Fidea and [...] arises in the context of the implementation of the KBC Decision. As a result of the commitments made by the Belgian authorities and KBC, the KBC Decision allows an extension of these target dates if authorised by the Commission. This decision will thus specify the implementation of the KBC Decision.

| (36) | The present monitoring decision is a decision sui generis. Although it is not foreseen in Regulation (EC) No 659/1999, recital 89 of the Decision of 18 November 2009 lays down an authorisation procedure under which the Member State may request the Commission to extend a target date for any of the divestments to be undertaken by KBC as part of the commitments given by the Belgian authorities. Since the Belgian authorities have submitted such a request, the Commission must assess whether the extension of the target dates for the divestment of Centea, Fidea and [...] can be permitted. |
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(36)

The present monitoring decision is a decision sui generis. Although it is not foreseen in Regulation (EC) No 659/1999, recital 89 of the Decision of 18 November 2009 lays down an authorisation procedure under which the Member State may request the Commission to extend a target date for any of the divestments to be undertaken by KBC as part of the commitments given by the Belgian authorities. Since the Belgian authorities have submitted such a request, the Commission must assess whether the extension of the target dates for the divestment of Centea, Fidea and [...] can be permitted.

Centea and Fidea

| (37) | In the case of Centea and Fidea the Commission notes that the divestment of those businesses necessitates a prior carve-out of these businesses from the KBC Group. The Commission observes that carve-outs are by their nature complicated processes. In that context the Commission notes that KBC during the disentanglement process has found that it provides 163 services to Centea and 193 to Fidea. |
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(37)

In the case of Centea and Fidea the Commission notes that the divestment of those businesses necessitates a prior carve-out of these businesses from the KBC Group. The Commission observes that carve-outs are by their nature complicated processes. In that context the Commission notes that KBC during the disentanglement process has found that it provides 163 services to Centea and 193 to Fidea.

| (38) | The Commission takes note of the opinion of the monitoring trustee, who has underlined that the complexity of the disentanglement process is the reason why KBC was unable to complete the sale of Centea and Fidea before the target date of 31 December 2010. The Commission furthermore observes that in the monitoring trustee's opinion, KBC made its best effort to meet the target date and that it committed substantial resources to the task. |
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(38)

The Commission takes note of the opinion of the monitoring trustee, who has underlined that the complexity of the disentanglement process is the reason why KBC was unable to complete the sale of Centea and Fidea before the target date of 31 December 2010. The Commission furthermore observes that in the monitoring trustee's opinion, KBC made its best effort to meet the target date and that it committed substantial resources to the task.

| (39) | The Commission furthermore notes that the delays were also the result (at least partially) of other commitments that needed to be respected by KBC with regard to Centea and Fidea. Pursuant to the commitment in recital 81 of the KBC Decision, KBC has to preserve the value of the divestment businesses. The Commission observes that in order to ensure that Centea and Fidea will have the necessary resources to continue to operate as separate and viable businesses, it is necessary to identify what services provided by KBC Group are required after the sale to a third party. |
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(39)

The Commission furthermore notes that the delays were also the result (at least partially) of other commitments that needed to be respected by KBC with regard to Centea and Fidea. Pursuant to the commitment in recital 81 of the KBC Decision, KBC has to preserve the value of the divestment businesses. The Commission observes that in order to ensure that Centea and Fidea will have the necessary resources to continue to operate as separate and viable businesses, it is necessary to identify what services provided by KBC Group are required after the sale to a third party.

| (40) | Furthermore, the commitments undertaken by the Belgian authorities and KBC provide that KBC shall preserve the economic viability, marketability and competitiveness of the divestment businesses (recital 83 of the KBC Decision). |
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(40)

Furthermore, the commitments undertaken by the Belgian authorities and KBC provide that KBC shall preserve the economic viability, marketability and competitiveness of the divestment businesses (recital 83 of the KBC Decision).

| (41) | The Commission considers that the extension request of KBC is not an attempt to thwart the divestment obligations imposed on it as part of the commitments that were given by the Belgian authorities and KBC to secure approval of the bank's restructuring plan. KBC has already implemented four other divestments, of which two were completed over two years ahead of schedule. |
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(41)

The Commission considers that the extension request of KBC is not an attempt to thwart the divestment obligations imposed on it as part of the commitments that were given by the Belgian authorities and KBC to secure approval of the bank's restructuring plan. KBC has already implemented four other divestments, of which two were completed over two years ahead of schedule.

| (42) | In addition, the Commission notes that KBC has already started the sale process for Centea and Fidea, as evidenced by sending out the information memoranda to interested parties. The Belgian authorities have indicated that KBC's target date to complete the sale is [...]. The Commission notes that the monitoring trustee is of the opinion that this sale date is achievable. |
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(42)

In addition, the Commission notes that KBC has already started the sale process for Centea and Fidea, as evidenced by sending out the information memoranda to interested parties. The Belgian authorities have indicated that KBC's target date to complete the sale is [...]. The Commission notes that the monitoring trustee is of the opinion that this sale date is achievable.

| (43) | For those reasons, the Commission considers that the failure to implement the divestment of Centea and Fidea by the target date was through no fault of KBC and that it is appropriate to grant KBC extra time to complete the sale in an orderly fashion.
  [...] |
| --- | --- |

(43)

For those reasons, the Commission considers that the failure to implement the divestment of Centea and Fidea by the target date was through no fault of KBC and that it is appropriate to grant KBC extra time to complete the sale in an orderly fashion.

[...]

| (44) | Recital 89 provides that the Commission can authorise the extension of the target dates for the divestments mentioned in recital 80 of the KBC Decision for two reasons. Firstly, if the divestments cannot be implemented before the target date expires through no fault of KBC and secondly, in the case that KBC was not able to sell the divestment business [...]. In the latter case however, the application of the temporal scope of [...] is limited in time [...]. If a target date is extended beyond that date [...]. An extension of the target date beyond [...] is not possible. Therefore, should KBC not succeed in selling a business before [...], a divestiture trustee will be appointed who can sell the business [...] (recital 91 of the KBC Decision). |
| --- | --- |

(44)

Recital 89 provides that the Commission can authorise the extension of the target dates for the divestments mentioned in recital 80 of the KBC Decision for two reasons. Firstly, if the divestments cannot be implemented before the target date expires through no fault of KBC and secondly, in the case that KBC was not able to sell the divestment business [...]. In the latter case however, the application of the temporal scope of [...] is limited in time [...]. If a target date is extended beyond that date [...]. An extension of the target date beyond [...] is not possible. Therefore, should KBC not succeed in selling a business before [...], a divestiture trustee will be appointed who can sell the business [...] (recital 91 of the KBC Decision).

| (45) | The Commission notes that, as part of its sale of [...], KBC has attempted [...]. |
| --- | --- |

(45)

The Commission notes that, as part of its sale of [...], KBC has attempted [...].

| (46) | As for the application of [...], the Commission observes that the Belgian authorities and KBC have provided reports of three investment banks [...]. The monitoring trustee furthermore concurs with the assessment of KBC [...]. |
| --- | --- |

(46)

As for the application of [...], the Commission observes that the Belgian authorities and KBC have provided reports of three investment banks [...]. The monitoring trustee furthermore concurs with the assessment of KBC [...].

| (47) | The Commission furthermore takes note of the fact that according to both the Belgian authorities and the monitoring trustee the current market circumstances are not conducive for [...]. The current market circumstances are a relevant factor when assessing the extension request. |
| --- | --- |

(47)

The Commission furthermore takes note of the fact that according to both the Belgian authorities and the monitoring trustee the current market circumstances are not conducive for [...]. The current market circumstances are a relevant factor when assessing the extension request.

| (48) | The Commission notes positively that the monitoring trustee has also indicated that in his opinion KBC has undertaken all reasonable efforts to divest [...] before the target date. The monitoring trustee furthermore considers that [...]. In that context the Commission points out that the Belgian authorities requested an extension of the target date [...] which would leave KBC with sufficient time to complete the sale [...]. |
| --- | --- |

(48)

The Commission notes positively that the monitoring trustee has also indicated that in his opinion KBC has undertaken all reasonable efforts to divest [...] before the target date. The monitoring trustee furthermore considers that [...]. In that context the Commission points out that the Belgian authorities requested an extension of the target date [...] which would leave KBC with sufficient time to complete the sale [...].

| (49) | In view of the above, the Commission considers that there is sufficient evidence to show that [...]. As point 89 of the Decision states that KBC cannot be obliged to sell [...], the Commission is of the view that it is justified to extend the target date for the divestment [...]. |
| --- | --- |

(49)

In view of the above, the Commission considers that there is sufficient evidence to show that [...]. As point 89 of the Decision states that KBC cannot be obliged to sell [...], the Commission is of the view that it is justified to extend the target date for the divestment [...].

IV.   CONCLUSION

| (50) | For the reasons set out above, the Commission can agree to the extension of the target date for the divestments of Centea, Fidea and [...]. |
| --- | --- |

(50)

For the reasons set out above, the Commission can agree to the extension of the target date for the divestments of Centea, Fidea and [...].

V.   DECISION

The Commission agrees to extend the target date for the divestments of Centea, Fidea and [...].’

---

(1)  OJ L 188, 21.7.2010, p. 24.

1

(2)  Confidential information, where possible figures have been replaced by ranges in [brackets].

2

(3)  [...].

3

---

| 26.11.2011 | EN | Official Journal of the European Union | C 346/14 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/14

---

STATE AID — SPAIN

State aid C 45/07 (ex NN 51/07) — Tax amortisation of financial goodwill for foreign shareholding acquisitions

(Articles 107 to 109 of the Treaty on the Functioning of the European Union)

(Text with EEA relevance)

2011/C 346/07

By letter dated 11 October 2011, the Commission informed Spain of a corrigendum to Decision C(2010) 9566 final of 12 January 2011 (1), as amended by Decision C(2011) 1257 final of 3 March 2011.

TEXT OF THE LETTER

‘As noted by the Spanish authorities in their letter of 26 July 2011, Decision C(2010) 9566 final of 12 January 2011, as amended by Decision C(2011) 1257 final of 3 March 2011, contains an error, since Article 4(4) does not state with precision the findings of the Decision. Article 4(4) refers solely to Article 1(2), where it should make reference to Article 1(2), (3), (4) and (5).

Consequently, the Commission has decided to change the text of the Decision as follows:

“Spain shall cancel any outstanding tax reduction provided under the scheme referred to in Article 1(1) with effect from the date of adoption of this Decision, except for the reduction attached to rights in foreign companies fulfilling the conditions laid down in Article 1(2), (3), (4) or (5).”

In addition, the Commission has acknowledged that Decision C(2010) 9566 final of 12 January 2011, as amended by Decision C(2011) 1257 final of 3 March 2011, contains other clerical and translation errors. While paragraph 190 clearly lays down that a distinction should be drawn between two periods: (a) the period starting from the entry into force of the measure on 1 January 2002 until the date of publication of the opening Decision in the Official Journal on 21 December 2007; and (b) the period following the publication of the opening Decision in the Official Journal, the wording of paragraphs 193, 197, 202, 203 and 210 contains clerical and translation errors with respect to the details of that distinction. Consequently, Article 1(2), (3), (4) and (5) also contain clerical and translation errors.

Accordingly, the Commission has decided to correct these mistakes as follows:

| (a) | In paragraph 193 the words “before the date of publication (2) in the Official Journal of the European Union” should be replaced by “no later than the date of publication (3) in the Official Journal of the European Union”; |
| --- | --- |

(a)

In paragraph 193 the words “before the date of publication (2) in the Official Journal of the European Union” should be replaced by “no later than the date of publication (3) in the Official Journal of the European Union”;

2

Official Journal of the European Union

3

Official Journal of the European Union

| (b) | In paragraph 197 the words “irrespective of the date on which the transaction took place before the adoption of this Decision” should be replaced by “provided that the transaction took place no later than the date of adoption of this Decision”; |
| --- | --- |

(b)

In paragraph 197 the words “irrespective of the date on which the transaction took place before the adoption of this Decision” should be replaced by “provided that the transaction took place no later than the date of adoption of this Decision”;

| (c) | In paragraph 202 the words “by 21 December 2007” should be replaced by “on 21 December 2007”. Furthermore, the words “by 21 December 2008” should be replaced by “on 21 December 2008”. |
| --- | --- |

(c)

In paragraph 202 the words “by 21 December 2007” should be replaced by “on 21 December 2007”. Furthermore, the words “by 21 December 2008” should be replaced by “on 21 December 2008”.

| (d) | In paragraph 203 the words “unless, firstly, an irrevocable obligation was entered into before 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or before the date of publication of this Decision” should be replaced by “unless, firstly, an irrevocable obligation was entered into no later than 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or the date of publication of this Decision”; the words “and, thirdly, the operation had been notified before 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or before the publication of this Decision” should also be replaced by “and, thirdly, the operation had been notified no later than 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or the date of publication of this Decision”; |
| --- | --- |

(d)

In paragraph 203 the words “unless, firstly, an irrevocable obligation was entered into before 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or before the date of publication of this Decision” should be replaced by “unless, firstly, an irrevocable obligation was entered into no later than 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or the date of publication of this Decision”; the words “and, thirdly, the operation had been notified before 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or before the publication of this Decision” should also be replaced by “and, thirdly, the operation had been notified no later than 21 December 2007 (legitimate expectations arising from Commission statements to Members of the European Parliament) or the date of publication of this Decision”;

| (e) | In paragraph 210 the words “before the date of publication in the Official Journal of the European Union of the Commission Decision to initiate the formal investigation procedure” should be replaced by “on the date of publication in the Official Journal of the European Union of the Commission Decision to initiate the formal investigation procedure”; the words “before 21 December 2007” should be replaced (in two instances) by “no later than 21 December 2007”; and the words “before the publication of this Decision” should be replaced by “no later than the date of publication of this Decision”. |
| --- | --- |

(e)

In paragraph 210 the words “before the date of publication in the Official Journal of the European Union of the Commission Decision to initiate the formal investigation procedure” should be replaced by “on the date of publication in the Official Journal of the European Union of the Commission Decision to initiate the formal investigation procedure”; the words “before 21 December 2007” should be replaced (in two instances) by “no later than 21 December 2007”; and the words “before the publication of this Decision” should be replaced by “no later than the date of publication of this Decision”.

Official Journal of the European Union

Official Journal of the European Union

Owing to the above corrections, the Commission has decided to correct the errors included in Article 1(2), (3), (4) and (5) as follows:

| | In Article 1(2) the words “by 21 December 2007” should be replaced by “no later than 21 December 2007”. |
| --- | --- |

In Article 1(2) the words “by 21 December 2007” should be replaced by “no later than 21 December 2007”.

| | In Article 1(3) the words “before 21 December 2007” should be replaced (in two instances) by “no later than 21 December 2007”. |
| --- | --- |

In Article 1(3) the words “before 21 December 2007” should be replaced (in two instances) by “no later than 21 December 2007”.

| | In Article 1(4) the words “by the date of publication of this Decision in the Official Journal of the European Union” should be replaced by “no later than the date of publication of this Decision in the Official Journal of the European Union”; |
| --- | --- |

In Article 1(4) the words “by the date of publication of this Decision in the Official Journal of the European Union” should be replaced by “no later than the date of publication of this Decision in the Official Journal of the European Union”;

Official Journal of the European Union

Official Journal of the European Union

| | In Article 1(5) the words “before this Decision is published in the Official Journal of the European Union” should be replaced (in two instances) by “no later than the date when this Decision is published in the Official Journal of the European Union”. |
| --- | --- |

In Article 1(5) the words “before this Decision is published in the Official Journal of the European Union” should be replaced (in two instances) by “no later than the date when this Decision is published in the Official Journal of the European Union”.

Official Journal of the European Union

Official Journal of the European Union

These errors do not alter the findings of Decision C(2010) 9566 final, as amended by Decision C(2011) 1257 final.

For this reason, the Commission has decided to correct the text of Decision C(2010) 9566 final, as amended by Decision C(2011) 1257 final.

This corrigendum shall be published in the Official Journal of the European Union.’

Official Journal of the European Union

---

(1)  OJ L 135, 21.5.2011.

1

(2)  OJ C 311, 21.12.2007, p. 21.

2

(3)  See footnote 2.

3

---

| 26.11.2011 | EN | Official Journal of the European Union | C 346/16 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/16

---

Prior notification of a concentration

(Case COMP/M.6429 — Hyundai Motor Company/Hyundai Motor Deutschland/Automobiles Hyundai France/FAAP/FEA)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 346/08

| 1. | On 18 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Hyundai Motor Company (‘HMC’, Republic of Korea), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Hyundai Motor Deutschland GmbH (‘HMD’, Germany), Automobiles Hyundai France SAS (‘AHF’, France), Frey Accessories & Parts Sarl (‘FAAP’, France) and FEA Services SAS (‘FEA’, France) by way of purchase of shares. |
| --- | --- |

1.

On 18 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Hyundai Motor Company (‘HMC’, Republic of Korea), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Hyundai Motor Deutschland GmbH (‘HMD’, Germany), Automobiles Hyundai France SAS (‘AHF’, France), Frey Accessories & Parts Sarl (‘FAAP’, France) and FEA Services SAS (‘FEA’, France) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for HMC: manufacture and supply of new motor vehicles, spare parts and accessories world-wide, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for HMC: manufacture and supply of new motor vehicles, spare parts and accessories world-wide,

| — | for HMD: wholesale distribution of new Hyundai motor vehicles, spare parts and accessories in Germany, |
| --- | --- |

—

for HMD: wholesale distribution of new Hyundai motor vehicles, spare parts and accessories in Germany,

| — | for AHF: wholesale distribution of new Hyundai motor vehicles in France, |
| --- | --- |

—

for AHF: wholesale distribution of new Hyundai motor vehicles in France,

| — | for FAAP: wholesale distribution of spare parts and accessories in France, and, |
| --- | --- |

—

for FAAP: wholesale distribution of spare parts and accessories in France, and,

| — | for FEA: general administrative support services to motor vehicle wholesale distributors in France. |
| --- | --- |

—

for FEA: general administrative support services to motor vehicle wholesale distributors in France.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6429 — Hyundai Motor Company/Hyundai Motor Deutschland/Automobiles Hyundai France/FAAP/FEA, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6429 — Hyundai Motor Company/Hyundai Motor Deutschland/Automobiles Hyundai France/FAAP/FEA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 26.11.2011 | EN | Official Journal of the European Union | C 346/17 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/17

---

Prior notification of a concentration

(Case COMP/M.6396 — Rhenus/Wincanton International)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 346/09

| 1. | On 17 November 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Rhenus AG & Co. KG (‘Rhenus’, Germany), controlled by Rethmann AG & Co. KG (‘Rethmann’, Germany), belonging to the Rethmann family, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Wincanton International (Great Britain) by way of purchase of shares. |
| --- | --- |

1.

On 17 November 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Rhenus AG & Co. KG (‘Rhenus’, Germany), controlled by Rethmann AG & Co. KG (‘Rethmann’, Germany), belonging to the Rethmann family, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Wincanton International (Great Britain) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | Rhenus: contract logistics, transport logistics, port logistics and local public transport, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Rhenus: contract logistics, transport logistics, port logistics and local public transport,

| — | Rethmann: water and recycling management, logistics, recycling of animal waste, |
| --- | --- |

—

Rethmann: water and recycling management, logistics, recycling of animal waste,

| — | Wincanton International: contract logistics and intermodal transport logistics. Wincanton International is the parent company of the German, French, Dutch and Spanish national companies of the Wincanton group. |
| --- | --- |

—

Wincanton International: contract logistics and intermodal transport logistics. Wincanton International is the parent company of the German, French, Dutch and Spanish national companies of the Wincanton group.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6396 — Rhenus/Wincanton International, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6396 — Rhenus/Wincanton International, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 26.11.2011 | EN | Official Journal of the European Union | C 346/18 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/18

---

Prior notification of a concentration

(Case COMP/M.6399 — DBH/DPV/RM/Pubbles)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 346/10

| 1. | On 15 November 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DBH Buch Handels GmbH & Co. KG (Germany), controlled by Verlagsgruppe Weltbild GmbH and Heinrich Hugendubel Beteiligungs GmbH & Co. KG, and Reinhard Mohn GmbH (Germany) and DPV Deutscher Pressevertrieb GmbH (Germany), both controlled by Bertelsmann AG, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Pubbles GmbH & Co. KG (Germany) by way of purchase of shares. |
| --- | --- |

1.

On 15 November 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DBH Buch Handels GmbH & Co. KG (Germany), controlled by Verlagsgruppe Weltbild GmbH and Heinrich Hugendubel Beteiligungs GmbH & Co. KG, and Reinhard Mohn GmbH (Germany) and DPV Deutscher Pressevertrieb GmbH (Germany), both controlled by Bertelsmann AG, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Pubbles GmbH & Co. KG (Germany) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | DPV Deutscher Pressevertrieb GmbH is a marketing service provider for all types of media, including all aspects of direct and retail marketing, press logistics, international media sales and the digital marketing of media products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

DPV Deutscher Pressevertrieb GmbH is a marketing service provider for all types of media, including all aspects of direct and retail marketing, press logistics, international media sales and the digital marketing of media products,

| — | Reinhard Mohn GmbH is a non-operating holding company for various, mainly domestic subsidiaries of Bertelsmann AG, |
| --- | --- |

—

Reinhard Mohn GmbH is a non-operating holding company for various, mainly domestic subsidiaries of Bertelsmann AG,

| — | DBH Buch Handels GmbH & Co. KG brings together the stationary business activities of its parent companies related to the traditional retail book trade and ‘system’ book retailing, the financing of further growth and the provision of individual services, |
| --- | --- |

—

DBH Buch Handels GmbH & Co. KG brings together the stationary business activities of its parent companies related to the traditional retail book trade and ‘system’ book retailing, the financing of further growth and the provision of individual services,

| — | Pubbles is a wholesale and retail platform for digital media products (e-books, newspapers and magazines). |
| --- | --- |

—

Pubbles is a wholesale and retail platform for digital media products (e-books, newspapers and magazines).

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6399 — DBH/DPV/RM/Pubbles, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6399 — DBH/DPV/RM/Pubbles, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 26.11.2011 | EN | Official Journal of the European Union | C 346/19 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/19

---

Prior notification of a concentration

(Case COMP/M.6419 — Aviva/Pelayo/Pelayo Mondiale Vida)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 346/11

| 1. | On 16 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Aviva Vida y Pensiones, Sociedad Anónima de Seguros y Reaseguros (‘Aviva’, Spain), controlled by Aviva Plc (UK), acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of the undertaking Pelayo Mondiale Vida y Reaseguros, SA (‘PMV’, Spain) by way of a purchase of shares. |
| --- | --- |

1.

On 16 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Aviva Vida y Pensiones, Sociedad Anónima de Seguros y Reaseguros (‘Aviva’, Spain), controlled by Aviva Plc (UK), acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of the undertaking Pelayo Mondiale Vida y Reaseguros, SA (‘PMV’, Spain) by way of a purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Aviva: insurance services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Aviva: insurance services,

| — | for PMV: insurance services. |
| --- | --- |

—

for PMV: insurance services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6419 — Aviva/Pelayo/Pelayo Mondiale Vida, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6419 — Aviva/Pelayo/Pelayo Mondiale Vida, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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| 26.11.2011 | EN | Official Journal of the European Union | C 346/20 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 346/20

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Prior notification of a concentration

(Case COMP/M.6362 — CIN/Tirrenia Business Branch)

(Text with EEA relevance)

2011/C 346/12

| 1. | On 21 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Compagnia Italiana di Navigazione S.r.l. (Italy), a newly incorporated company which has been created by Marinvest S.r.l. (‘Marinvest’, Italy), Grimaldi Compagnia di Navigazione SpA (‘Grimaldi’, Italy) and Onorato Partecipazioni S.r.l. (‘Onorato’, Italy), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of the undertaking Tirrenia di Navigazione, currently in receivership (‘Tirrenia’, Italy), who manages the sea routes covered by a public service obligation with the Italian State. |
| --- | --- |

1.

On 21 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Compagnia Italiana di Navigazione S.r.l. (Italy), a newly incorporated company which has been created by Marinvest S.r.l. (‘Marinvest’, Italy), Grimaldi Compagnia di Navigazione SpA (‘Grimaldi’, Italy) and Onorato Partecipazioni S.r.l. (‘Onorato’, Italy), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of the undertaking Tirrenia di Navigazione, currently in receivership (‘Tirrenia’, Italy), who manages the sea routes covered by a public service obligation with the Italian State.

| 2. | The business activities of the undertakings concerned are:






  — | for Marinvest: holding company of a group of undertakings active in the sea transport of passengers and freight. It controls MSC Crociere SpA (Italy) and SNAV SpA (Italy) and, together with Investitori Associati SGR SpA (Italy), it jointly controls Grandi Navi Veloci SpA (Italy), |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Marinvest: holding company of a group of undertakings active in the sea transport of passengers and freight. It controls MSC Crociere SpA (Italy) and SNAV SpA (Italy) and, together with Investitori Associati SGR SpA (Italy), it jointly controls Grandi Navi Veloci SpA (Italy),

| — | for Grimaldi: shipping company active on Atlantic routes (between Northern Europe, Eastern Africa and South America, between South America and Western Africa, as well as between North America and Western Africa), |
| --- | --- |

—

for Grimaldi: shipping company active on Atlantic routes (between Northern Europe, Eastern Africa and South America, between South America and Western Africa, as well as between North America and Western Africa),

| — | for Onorato: holding company whose main activity is the acquisition of share interests in undertakings with the purpose of a stable investment. Onorato exercises joint control, together with Clessidra SGR SpA (Italy), the managing company of the Fund Clessidra Capital Partners (Italy), over Moby SpA (Italy), a company active mainly in Italy in the sea transport of passengers and freight, |
| --- | --- |

—

for Onorato: holding company whose main activity is the acquisition of share interests in undertakings with the purpose of a stable investment. Onorato exercises joint control, together with Clessidra SGR SpA (Italy), the managing company of the Fund Clessidra Capital Partners (Italy), over Moby SpA (Italy), a company active mainly in Italy in the sea transport of passengers and freight,

| — | Tirrenia: company active in the sea transport of passengers and freight, who historically manages sea routes covered by a public service obligation. Tirrenia is currently owned by the Italian State through Fintecna SpA (Italy). |
| --- | --- |

—

Tirrenia: company active in the sea transport of passengers and freight, who historically manages sea routes covered by a public service obligation. Tirrenia is currently owned by the Italian State through Fintecna SpA (Italy).

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6362 — CIN/Tirrenia Business Branch, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6362 — CIN/Tirrenia Business Branch, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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