# Official Journal C 423/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 423 |
| | |
| English edition | Information and Notices | Volume 6419 October 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 423

English edition

Information and Notices

Volume 6419 October 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 423/01 | Non-opposition to a notified concentration (Case M.10379 – HDT AUTOMOTIVE SOLUTIONS/VERITAS) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 423/01

Non-opposition to a notified concentration (Case M.10379 – HDT AUTOMOTIVE SOLUTIONS/VERITAS) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2021/C 423/02 | Notice for the attention of the persons subject to restrictive measures provided for in Council Decision (CFSP) 2016/1693, as amended by Council Decision (CFSP) 2021/1825, and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them | 2 |
| 2021/C 423/03 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2016/1693 and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them apply | 4 |
| 2021/C 423/04 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1763 as amended by Council Decision (CFSP) 2021/1826 and Council Regulation (EU) 2015/1755, as implemented by Council Implementing Regulation (EU) 2020/1578 concerning restrictive measures in view of the situation in Burundi | 5 |
| 2021/C 423/05 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2015/1763 and Council Regulation (EU) 2015/1755 concerning restrictive measures against Burundi apply | 6 |
| 2021/C 423/06 | Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria | 8 |
| | European Commission |
| 2021/C 423/07 | Euro exchange rates — 18 October 2021 | 9 |
| 2021/C 423/08 | Opinion of the Advisory Committee on mergers at its meeting of 7 December 2020 concerning a preliminary draft decision relating to Case M.9730 – FCA/PSA – Rapporteur: Denmark | 10 |
| 2021/C 423/09 | Final Report of the Hearing Officer – Case M.9730 – FCA/PSA | 13 |
| 2021/C 423/10 | Summary of Commission Decision of 21 December 2020 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.9730 – FCA/PSA)
  (notified under document number C(2020) 9109) | 14 |
| 2021/C 423/11 | Notice regarding the adaptation in line with inflation of minimum amounts of cover laid down in Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability | 24 |
| 2021/C 423/12 | Notice regarding the adaptation in line with inflation of the amounts laid down in the Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) | 25 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2021/C 423/02

Notice for the attention of the persons subject to restrictive measures provided for in Council Decision (CFSP) 2016/1693, as amended by Council Decision (CFSP) 2021/1825, and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

2

2021/C 423/03

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2016/1693 and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them apply

4

2021/C 423/04

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1763 as amended by Council Decision (CFSP) 2021/1826 and Council Regulation (EU) 2015/1755, as implemented by Council Implementing Regulation (EU) 2020/1578 concerning restrictive measures in view of the situation in Burundi

5

2021/C 423/05

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2015/1763 and Council Regulation (EU) 2015/1755 concerning restrictive measures against Burundi apply

6

2021/C 423/06

Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

8

European Commission

2021/C 423/07

Euro exchange rates — 18 October 2021

9

2021/C 423/08

Opinion of the Advisory Committee on mergers at its meeting of 7 December 2020 concerning a preliminary draft decision relating to Case M.9730 – FCA/PSA – Rapporteur: Denmark

10

2021/C 423/09

Final Report of the Hearing Officer – Case M.9730 – FCA/PSA

13

2021/C 423/10

Summary of Commission Decision of 21 December 2020 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.9730 – FCA/PSA)
  (notified under document number C(2020) 9109)

(notified under document number C(2020) 9109)

14

2021/C 423/11

Notice regarding the adaptation in line with inflation of minimum amounts of cover laid down in Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability

24

2021/C 423/12

Notice regarding the adaptation in line with inflation of the amounts laid down in the Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)

25

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

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(1)   Text with EEA relevance.

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.10.2021 | EN | Official Journal of the European Union | C 423/1 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/1

---

Non-opposition to a notified concentration

(Case M.10379 – HDT AUTOMOTIVE SOLUTIONS/VERITAS)

(Text with EEA relevance)

(2021/C 423/01)

On 11 October 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10379. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10379. EUR-Lex is the online access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 19.10.2021 | EN | Official Journal of the European Union | C 423/2 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/2

---

Notice for the attention of the persons subject to restrictive measures provided for in Council Decision (CFSP) 2016/1693, as amended by Council Decision (CFSP) 2021/1825, and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

(2021/C 423/02)

The following information is brought to the attention of the persons appearing in the Annex to Council Decision (CFSP) 2016/1693 (1), as amended by Council Decision (CFSP) 2021/1825 (2), and in Annex I to Council Regulation (EU) 2016/1686 (3) imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them.

The Council of the European Union, after having reviewed the list of persons designated in the abovementioned Annexes, has determined that the restrictive measures provided for in Decision (CFSP) 2016/1693 and in Regulation (EU) 2016/1686 should continue to apply to those persons.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as listed in Annex II to Regulation (EU) 2016/1686 in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 5 of that Regulation.

The persons concerned may submit a request to obtain the Council’s statement of reasons for including and maintaining them on the above-mentioned list. Any such request should be sent to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The persons concerned may at any time submit a request to the Council, together with any supporting documentation, that the decision to include them on the list should be reconsidered, to the address provided above. In this regard, the attention of the persons concerned is drawn to the regular review by the Council of the list according to Article 6(2) of Decision (CFSP) 2016/1693 and Article 4(4) of Regulation (EU) 2016/1686. In order for requests to be considered at the next review, they should be submitted by 15 July 2022.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 255, 21.9.2016, p. 25.

(2)  OJ L 369, 19.10.2021, p. 17.

(3)  OJ L 255, 21.9.2016, p. 1.

---

| 19.10.2021 | EN | Official Journal of the European Union | C 423/4 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/4

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2016/1693 and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them apply

(2021/C 423/03)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision (CFSP) 2016/1693 (2), as amended by Council Decision (CFSP) 2021/1825 (3), and Council Regulation (EU) 2016/1686 (4).

The controller of this processing operation is the Council of the European Union represented by the Director-General of RELEX (External Relations) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1.C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision (CFSP) 2016/1693, as amended by Decision (CFSP) 2021/1825, and Regulation (EU) 2016/1686.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision (CFSP) 2016/1693 and Regulation (EU) 2016/1686.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

---

(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 255, 21.9.2016, p. 25.

(3)  OJ L 369, 19.10.2021, p. 17.

(4)  OJ L 255, 21.9.2016, p. 1.

---

| 19.10.2021 | EN | Official Journal of the European Union | C 423/5 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/5

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1763 as amended by Council Decision (CFSP) 2021/1826 and Council Regulation (EU) 2015/1755, as implemented by Council Implementing Regulation (EU) 2020/1578 concerning restrictive measures in view of the situation in Burundi

(2021/C 423/04)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2015/1763 (1), as amended by Council Decision (CFSP) 2021/1826 (2) and in Annex I to Council Regulation (EU) 2015/1755 (3), as implemented by Council Implementing Regulation (EU) 2020/1578 (4) concerning restrictive measures in view of the situation in Burundi.

The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should continue to be included in the list of persons and entities subject to restrictive measures provided for in Decision (CFSP) 2015/1763 as amended by Decision (CFSP) 2021/1826 and in Regulation (EU) 2015/1755, as implemented by Implementing Regulation (EU) 2020/1578 concerning restrictive measures in view of the situation in Burundi. The grounds for designations of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) 2015/1755, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons concerned may submit a request to the Council before 2 July 2022, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 6 of Decision (CFSP) 2015/1763 and Article 13(4) of Regulation (EU) 2015/1755, of the list of designated persons.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 257, 2.10.2015, p. 37.

(2)  OJ L 369, 19.10.2021, p. 12.

(3)  OJ L 257, 2.10.2015, p. 1.

(4)  OJ L 362, 30.10.2020, p. 1.

---

| 19.10.2021 | EN | Official Journal of the European Union | C 423/6 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/6

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2015/1763 and Council Regulation (EU) 2015/1755 concerning restrictive measures against Burundi apply

(2021/C 423/05)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision (CFSP) 2015/1763 (2), as amended by Council Decision (CFSP) 2021/1826 (3), and Council Regulation (EU) 2015/1755 (4), as implemented by Council Implementing Regulation (EU) 2020/1578 (5).

The controller of this processing operation is the Council of the European Union represented by the Director General of RELEX (External Relations) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1.C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision (CFSP) 2015/1763, as amended by Decision (CFSP) 2021/1826, and Regulation (EU) 2015/1755, as implemented by Implementing Regulation (EU) 2020/1578.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision (CFSP) 2015/1763 and Regulation (EU) 2015/1755.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

---

(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 257, 2.10.2015, p. 37.

(3)  OJ L 369, 19.10.2021, p. 15.

(4)  OJ L 257, 2.10.2015, p. 1.

(5)  OJ L 362, 30.10.2020, p. 1.

---

| 19.10.2021 | EN | Official Journal of the European Union | C 423/8 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/8

---

Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

(2021/C 423/06)

The following information is brought to the attention of Dr. Jassem Mohammad ZAKARIA (No 167), Mr. Abdullah Abdullah (No 229), Mr. Imad Abdullah SARA (No 259), Mr. Talal AL-BARAZI (a.k.a. Barazi) (No 296), Mr. Malloul (a.k.a. Maloul) HUSSEIN (a.k.a. AL-HUSSEIN) (No 309), persons appearing in Annex I to Council Decision 2013/255/CFSP (1) and in Annex II to Council Regulation (EU) No 36/2012 (2) concerning restrictive measures in view of the situation in Syria.

The Council intends to maintain the restrictive measures against the above-mentioned persons with amended statements of reasons. Those persons and entity are hereby informed that they may submit a request to the Council to obtain the proposed amended statement of reasons for maintaining their designation, by 26 October 2021, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The persons concerned may submit at any time a request to the Council, together with any supporting documentation, that the decision to maintain them on the list should be reconsidered, to the address or e-mail address provided above. Such requests will be considered when they are received.

---

(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 16, 19.1.2012, p. 1.

---

European Commission

| 19.10.2021 | EN | Official Journal of the European Union | C 423/9 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/9

---

Euro exchange rates (1)

18 October 2021

(2021/C 423/07)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1604 |
| JPY | Japanese yen | 132,46 |
| DKK | Danish krone | 7,4400 |
| GBP | Pound sterling | 0,84438 |
| SEK | Swedish krona | 10,0375 |
| CHF | Swiss franc | 1,0712 |
| ISK | Iceland króna | 150,00 |
| NOK | Norwegian krone | 9,7643 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,453 |
| HUF | Hungarian forint | 361,35 |
| PLN | Polish zloty | 4,5787 |
| RON | Romanian leu | 4,9490 |
| TRY | Turkish lira | 10,7740 |
| AUD | Australian dollar | 1,5707 |
| CAD | Canadian dollar | 1,4384 |
| HKD | Hong Kong dollar | 9,0268 |
| NZD | New Zealand dollar | 1,6436 |
| SGD | Singapore dollar | 1,5659 |
| KRW | South Korean won | 1 377,90 |
| ZAR | South African rand | 17,1217 |
| CNY | Chinese yuan renminbi | 7,4617 |
| HRK | Croatian kuna | 7,5085 |
| IDR | Indonesian rupiah | 16 371,79 |
| MYR | Malaysian ringgit | 4,8406 |
| PHP | Philippine peso | 59,025 |
| RUB | Russian rouble | 82,7185 |
| THB | Thai baht | 38,827 |
| BRL | Brazilian real | 6,3651 |
| MXN | Mexican peso | 23,7177 |
| INR | Indian rupee | 87,4083 |

Currency

Exchange rate

USD

US dollar

1,1604

JPY

Japanese yen

132,46

DKK

Danish krone

7,4400

GBP

Pound sterling

0,84438

SEK

Swedish krona

10,0375

CHF

Swiss franc

1,0712

ISK

Iceland króna

150,00

NOK

Norwegian krone

9,7643

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,453

HUF

Hungarian forint

361,35

PLN

Polish zloty

4,5787

RON

Romanian leu

4,9490

TRY

Turkish lira

10,7740

AUD

Australian dollar

1,5707

CAD

Canadian dollar

1,4384

HKD

Hong Kong dollar

9,0268

NZD

New Zealand dollar

1,6436

SGD

Singapore dollar

1,5659

KRW

South Korean won

1 377,90

ZAR

South African rand

17,1217

CNY

Chinese yuan renminbi

7,4617

HRK

Croatian kuna

7,5085

IDR

Indonesian rupiah

16 371,79

MYR

Malaysian ringgit

4,8406

PHP

Philippine peso

59,025

RUB

Russian rouble

82,7185

THB

Thai baht

38,827

BRL

Brazilian real

6,3651

MXN

Mexican peso

23,7177

INR

Indian rupee

87,4083

---

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

---

| 19.10.2021 | EN | Official Journal of the European Union | C 423/10 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/10

---

Opinion of the Advisory Committee on mergers at its meeting of 7 December 2020 concerning a preliminary draft decision relating to Case M.9730 – FCA/PSA

Rapporteur: Denmark

(2021/C 423/08)

Jurisdiction

| 1. | The Advisory Committee (13 Member States) agrees with the Commission that the notified transaction constitutes a concentration within the meaning of Article 3(1)(a) of the Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (‘the Merger Regulation’) (1). |
| --- | --- |

1.

| 2. | The Advisory Committee (13 Member States) agrees with the Commission that the notified transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
| --- | --- |

2.

Product market definition

| 3. | The Advisory Committee (13 Member States) agrees with the conclusions reached by the Commission in the draft Decision in relation to the definition of the relevant product markets for:






  a. | The market for the manufacture and supply of LCVs, sub-segmented between






  a. | vehicles with a gross weight rating of up to 3.5 tonnes, further sub-segmented between (i) small and compact LCVs, (ii) medium LCVs, and (iii) large LCVs; |
| --- | --- | --- | --- |

3.

a.

The market for the manufacture and supply of LCVs, sub-segmented between

a.

vehicles with a gross weight rating of up to 3.5 tonnes, further sub-segmented between (i) small and compact LCVs, (ii) medium LCVs, and (iii) large LCVs;

| b. | vehicles with a gross weight rating between 3.5 and 6 tonnes, and |
| --- | --- |

b.

vehicles with a gross weight rating between 3.5 and 6 tonnes, and

| c. | a potential sub-segment of large LCVs and LCVs between 3.5 and 6 tonnes combined. |
| --- | --- |

c.

a potential sub-segment of large LCVs and LCVs between 3.5 and 6 tonnes combined.

| b. | The market for the manufacture and supply of PCs as sub-segmented between (i) Segment A (mini cars), (ii) Segment B (small cars), (iii) Small cars (including both segments A and B), (iv) Segment C (medium cars), (v) executive cars, (vi) luxury cars, (vii) sport cars, (viii) sport utility vehicles (SUVs), (ix) Segment M (multipurpose vehicles), and SUVs further segmented in (a) A-SUVs, (b) B-SUVs, (c) C-SUVs, (d) Segment D-SUVs, (e) luxury E-SUVs, (f) Segment J (including all types of SUVs). |
| --- | --- |

b.

The market for the manufacture and supply of PCs as sub-segmented between (i) Segment A (mini cars), (ii) Segment B (small cars), (iii) Small cars (including both segments A and B), (iv) Segment C (medium cars), (v) executive cars, (vi) luxury cars, (vii) sport cars, (viii) sport utility vehicles (SUVs), (ix) Segment M (multipurpose vehicles), and SUVs further segmented in (a) A-SUVs, (b) B-SUVs, (c) C-SUVs, (d) Segment D-SUVs, (e) luxury E-SUVs, (f) Segment J (including all types of SUVs).

| c. | The market for the wholesale and retail distribution of PCs and LCVs. |
| --- | --- |

c.

The market for the wholesale and retail distribution of PCs and LCVs.

| d. | The markets for the manufacture and supply of various automotive components as sub-segmented in the Decision. |
| --- | --- |

d.

The markets for the manufacture and supply of various automotive components as sub-segmented in the Decision.

| e. | The markets for the manufacture and supply of various automation products, as sub-segmented in the Decision. |
| --- | --- |

e.

The markets for the manufacture and supply of various automation products, as sub-segmented in the Decision.

| f. | The markets for various financial services as sub-segmented in the Decision. |
| --- | --- |

f.

The markets for various financial services as sub-segmented in the Decision.

Geographic market definition

| 4. | The Advisory Committee (13 Member States) agrees with the conclusions reached by the Commission in the draft Decision in relation to the definition of the relevant geographic markets for:






  a. | The national market for the manufacture and supply of LCVs (as sub-segmented in the Decision). |
| --- | --- | --- |

4.

a.

The national market for the manufacture and supply of LCVs (as sub-segmented in the Decision).

| b. | The national market for the manufacture and supply of PCs (as sub-segmented in the decision). |
| --- | --- |

b.

The national market for the manufacture and supply of PCs (as sub-segmented in the decision).

| c. | The national market for the wholesale and retail distribution of PCs and LCVs. |
| --- | --- |

c.

The national market for the wholesale and retail distribution of PCs and LCVs.

| d. | The at least EEA markets for the manufacture and supply of various automotive components. |
| --- | --- |

d.

The at least EEA markets for the manufacture and supply of various automotive components.

| e. | The at least EEA markets for the manufacture and supply of various automation products. |
| --- | --- |

e.

The at least EEA markets for the manufacture and supply of various automation products.

| f. | The national markets for various financial services. |
| --- | --- |

f.

The national markets for various financial services.

Competitive assessment

| 5. | The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the notified transaction would raise serious doubts as a result of horizontal non-coordinated effects in the market for the manufacture and supply of small LCVs (Small LCVs) in






  i. | Belgium. |
| --- | --- | --- |

5.

i.

Belgium.

| ii. | Czechia. |
| --- | --- |

ii.

Czechia.

| iii. | France. |
| --- | --- |

iii.

France.

| iv. | Greece. |
| --- | --- |

iv.

Greece.

| v. | Italy. |
| --- | --- |

v.

Italy.

| vi. | Lithuania. |
| --- | --- |

vi.

Lithuania.

| vii. | Poland. |
| --- | --- |

vii.

Poland.

| viii. | Portugal. |
| --- | --- |

viii.

Portugal.

| ix. | Slovakia. |
| --- | --- |

ix.

Slovakia.

| 6. | The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the notified transaction would not significantly impede effective competition as a result of horizontal non-coordinated effects in the following affected markets:






  a. | The manufacture and supply of Small LCVs in national markets not listed in question 5 above. |
| --- | --- | --- |

6.

a.

The manufacture and supply of Small LCVs in national markets not listed in question 5 above.

| b. | The manufacture and supply of Medium LCVs on any national market. |
| --- | --- |

b.

The manufacture and supply of Medium LCVs on any national market.

| c. | On any national market, the manufacture and supply of






  i. | Large LCVs (up to 3.5 tonnes), |
| --- | --- | --- |

c.

On any national market, the manufacture and supply of

i.

Large LCVs (up to 3.5 tonnes),

| ii. | LCVs above 3.5 tonnes up to 6 tonnes, and |
| --- | --- |

ii.

LCVs above 3.5 tonnes up to 6 tonnes, and

| iii. | Large LCVs and LCVs above 3.5 tonnes up to 6 tonnes. |
| --- | --- |

iii.

Large LCVs and LCVs above 3.5 tonnes up to 6 tonnes.

| d. | The manufacture and supply of all types of PCs on any national market. |
| --- | --- |

d.

The manufacture and supply of all types of PCs on any national market.

| e. | The wholesale and retail distribution of PCs and LCVs on any national market. |
| --- | --- |

e.

The wholesale and retail distribution of PCs and LCVs on any national market.

| f. | The market for motor vehicle lending in Italy. |
| --- | --- |

f.

The market for motor vehicle lending in Italy.

| g. | The market for lending to car dealers in any national market. |
| --- | --- |

g.

The market for lending to car dealers in any national market.

| 7. | The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the notified transaction would not significantly impede effective competition as a result of non-horizontal effects in any of the vertically affected markets in relation to the upstream markets for the manufacture and sale of various automotive components and downstream markets for the manufacture and supply of PCs and LCVs, as well as the upstream markets for the manufacture and supply of various automation products and downstream markets for the manufacture and supply of PCs and LCVs. |
| --- | --- |

7.

Commitments

| 8. | The Advisory Committee (13 Member States) agrees with the Commission that the final commitments offered by the Parties on 27 October 2020 remove the serious doubts identified in the draft Decision. |
| --- | --- |

8.

| 9. | The Advisory Committee (13 Member States) agrees with the Commission that, subject to the full compliance with the final commitments offered by the Parties on 27 October 2020, the notified transaction would not significantly impede effective competition in the internal market or in a substantial part of it. |
| --- | --- |

9.

Compatibility with the internal market and the EEA Agreement

| 10. | The Advisory Committee (13 Member States) agrees with the Commission that the notified transaction must therefore be declared compatible with the internal market and the functioning of the EEA Agreement in accordance with Article 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. |
| --- | --- |

10.

---

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

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| 19.10.2021 | EN | Official Journal of the European Union | C 423/13 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/13

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Final Report of the Hearing Officer (1)

Case M.9730 – FCA/PSA

(2021/C 423/09)

On 8 May 2020, the Commission received a notification pursuant to Article 4 of the Merger Regulation (2) of a proposed concentration by which Peugeot S.A. (‘PSA’) and Fiat Chrysler Automobiles N.V. (‘FCA’) (together ‘the Notifying Parties’) would enter into a merger within the meaning of Article 3(1)(a) of the Merger Regulation (the ‘Proposed Transaction’).

On 17 June 2020, the Commission initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation (‘Article 6(1)(c) Decision’).

On 30 June 2020, the Notifying Parties submitted written comments on the Article 6(1)(c) Decision.

On 20 July 2020, the Commission adopted a decision pursuant to Article 11(3) of the Merger Regulation, requiring the Parties to supply information that had been the object of two earlier requests for information. This decision suspended the time limit referred to in Article 10(3) of the Merger Regulation, pursuant to Article 10(4) of the Merger Regulation.

On 25 September 2020, the Notifying Parties submitted commitments in accordance with Article 8(2) of the Merger Regulation in order to address the competition concerns identified by the Commission.

On 28 September 2020, the Commission launched a market test of these commitments.

On 30 September 2020, the Commission informed the Notifying Parties that the suspension of the time limit had come to an end on 28 September 2020, following the Parties’ submission of the required information on that date.

On 27 October 2020, the Notifying Parties submitted revised commitments pursuant to Article 8(2) of the Merger Regulation.

The draft decision declares the Proposed Transaction compatible with the internal market and the EEA Agreement, subject to full compliance with the revised commitments.

Overall, I consider that the effective exercise of procedural rights has been respected during the present proceedings.

Brussels, 8 December 2020.

Wouter WILS

---

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

1

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

2

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| 19.10.2021 | EN | Official Journal of the European Union | C 423/14 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/14

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SUMMARY OF COMMISSION DECISION

of 21 December 2020

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

(Case M.9730 – FCA/PSA)

(notified under document number C(2020) 9109)

(Only the English version is authentic)

(2021/C 423/10)

On 21 December 2020 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (1)
  , and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case on the website of the Directorate-General for Competition, at the following address: http://ec.europa.eu/competition/elojade/isef/index.cfm?clear=1&policy_area_id=2

I.   THE PARTIES AND THE OPERATION

| (1) | On 8 May 2020, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the ‘Merger Regulation’) by which Peugeot S.A. (‘PSA’, France) and Fiat Chrysler Automobiles N.V. (‘FCA’, the Netherlands), controlled by EXOR N.V. would enter into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation. |
| --- | --- |

(1)

| (2) | PSA is active worldwide in the manufacture, supply and distribution of passenger cars (‘PCs’) and light commercial vehicles (‘LCVs’) under the Peugeot, Citroën, Opel, Vauxhall and DS brands. Through its subsidiary, Faurecia S.A. (‘Faurecia’), it is also active in the manufacture and supply of various automotive components. PSA also provides ancillary services such as financing solutions for the acquisition of its branded motor vehicles, as well as mobility services and solutions. |
| --- | --- |

(2)

| (3) | FCA is active worldwide in the manufacture, supply and distribution of PCs and LCVs under the brands Fiat, Chrysler, Jeep, Alfa Romeo, Lancia, Abarth, Dodge, Ram, and Fiat Professional. In addition, FCA owns the automotive cast components business Teksid S.p.A. (‘Teksid’), the plastic components and modules business Plastic Components and Modules Automotive S.p.A. (‘PCMA’), and the industrial automation business Comau S.p.A. (‘Comau’). FCA also provides financing solutions to support the sale of its branded vehicles. |
| --- | --- |

(3)

| (4) | PSA and FCA are designated in this Decision as the ‘Notifying Parties’ or ‘Parties’ to the ‘Proposed Transaction’. |
| --- | --- |

(4)

| (5) | Pursuant to the Combination Agreement signed on 17 December 2019, on the date of closing, all issued and outstanding PSA and FCA shares will be exchanged for shares of a newly incorporated entity based in the Netherlands according to the exchange rate agreed between the Parties. The Combination Agreement was amended on 14 September 2020. The amendments were economic in nature in light of the impact of the Covid-19 pandemic, but did not affect the structure or scope of the merger. |
| --- | --- |

(5)

II.   THE PROCEDURE

| (6) | On 17 June 2020 the Commission found that the Proposed Transaction raised serious doubts as to its compatibility with the internal market and the EEA agreement and adopted a decision to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. The Notifying Parties submitted their written comments to the Article 6(1)(c) decision on 30 June 2020. |
| --- | --- |

(6)

| (7) | On 3 July 2020 the merger review period was extended by 15 working days following the Parties’ request pursuant to Article 10(3) of the Merger Regulation. |
| --- | --- |

(7)

| (8) | On 20 July 2020, the Commission adopted a decision pursuant to Article 11(3) of the Merger Regulation that suspended the time limit for adopting a final decision in this case. This suspension of the time limit expired on 28 September 2020. |
| --- | --- |

(8)

| (9) | On 28 September 2020, the Commission launched a market test on the commitments submitted by the Notifying Parties on 25 September 2020 to address the preliminary competition concern identified by the Commission and following detailed discussions. On 27 October 2020, the Notifying Parties formally submitted the final version of the commitments (‘Final Commitments’). |
| --- | --- |

(9)

III.   SUMMARY OF ASSESSMENT

| (10) | The Parties’ activities mainly overlap in two areas (i) manufacture and sale, wholesale and retail distribution of PCs; and (ii) manufacture and sale, wholesale and retail distribution of LCVs. Both Parties, via FCA’s subsidiaries Teksid, PCMA and Comau and PSA’s subsidiary Faurecia also manufacture and sell various automotive spare parts, components, and solutions but for the large part, these activities are complementary. This activity is, moreover, vertically related to the manufacture of PCs and LVCs. Finally, both Parties also provide automotive financing and related services. The overlaps are summarised in the following. |
| --- | --- |

(10)

A.   The relevant markets

Manufacture and sale of PCs and LCVs

| (11) | The Commission has previously defined separate markets for the manufacture and supply of PCs on the one hand, and of commercial vehicles on the other hand. |
| --- | --- |

(11)

| (12) | Within commercial vehicles, it has considered that (i) LCVs, (ii) medium-size trucks; and (iii) heavy duty trucks constitute separate product markets. Within LCVs, the Commission has left open whether LCVs should be further sub-segmented into vehicles with a gross weight rating of up to 3.5 tonnes, and between 3.5 and 6 tonnes and whether pick-up trucks should be excluded from the LCV market(s). |
| --- | --- |

(12)

| (13) | Based on its analysis and the market investigation in this case, the Commission has concluded that (i) LCVs up to 3.5 tonnes can be distinguished between Small LCVs, Medium LCVs and Large LCVs (the latter including semi-finished LCV products for conversion), and that (ii) it can be left open whether Large LCVs (up to 3.5 tonnes) and LCVs between 3.5 and 6 tonnes should be considered part of the same or separate product markets. Moreover, pick-up trucks, car derived vans and PC versions of LCVs for passengers are not part of the LCV markets. |
| --- | --- |

(13)

| (14) | Within PCs, it has considered separate product markets for (i) mini cars (A), (ii) small cars (B), (iii) medium cars (C), (iv) large cars (D), (v) executive cars, (vi) luxury cars (vii) sport cars, (viii) sport utility vehicles (SUVs) and (ix) multipurpose vehicles (M), as well as a (x) wider segment of small cars including both segments A and B. The Commission also considered a further sub-segmentation of the SUV segment into (i) mini (A-SUVs), (ii) small (B-SUVs), (iii) medium (C-SUVs), (iv) large SUVs (D-SUVs), and (v) luxury (E-SUVs), but left the market definition open. |
| --- | --- |

(14)

| (15) | Based on the Commission’s analysis and the market investigation in this case, the Commission has considered that its previous segmentation for PCs remains appropriate. |
| --- | --- |

(15)

| (16) | The Commission also investigated whether low emission vehicles (‘LEVs’) constitute a separate product market from internal combustion engine (‘ICE’) vehicles and whether the LEV market market should be further segmented according to (i) technology (electric battery cars and hybrid cars) or (ii) the categories defined for ICE cars. The Commission considers it unnecessary to further sub-segment PC markets between LEVs and ICE vehicles or within LEV by type of propulsion technology, since FCA’s share in any hypothetical LEV markets would be zero (or close to zero for any vehicles launched in 2020). |
| --- | --- |

(16)

| (17) | The Commission considers that the question of the exact product market definition can be left open, as the Proposed Transaction does not give rise to serious doubts as to its compatibility with the internal market in any of the PC markets even under the narrowest plausible market definition. |
| --- | --- |

(17)

| (18) | Based on its analysis and the market investigation, the Commission has considered, in line with its decisional practice, that the markets for the manufacture and supply of LCVs and PCs are national in scope. However, since the conditions of supply are determined at EEA-level, the Commission considers that competition at this level cannot be ignored. Therefore, although the assessment will take place mainly at national level, EEA-wide market shares and the EEA-wide competitive landscape will also be taken into account. |
| --- | --- |

(18)

Wholesale and retail distribution of LCVs and PCs

| (19) | In previous decisions, the Commission has defined product markets for the wholesale and retail distribution of PCs and LCVs. Although the Commission has distinguished in some precedents between the wholesale and retail distribution of passenger cars on the one hand and LCVs on the other hand, it has ultimately left open the precise product market definition. In any case, the Commission has found that a further sub-segmentation within PCs and LCVs based on types of vehicles would not be appropriate. For the purposes of this decision, the Commission has followed the Commission’s case practice. |
| --- | --- |

(19)

| (20) | In previous decisions, the Commission has left open whether the wholesale distribution market is EEA-wide or national in scope and whether the retail distribution markets should be considered EEA-wide, national or local in scope. For the purposes of this decision, the Commission has followed the Commission’s case practice. |
| --- | --- |

(20)

Manufacture and sale of automotive components

| (21) | In previous cases involving the manufacture and supply of automotive components, the Commission considered, while ultimately leaving open, whether (i) each automotive component constitutes a separate market, or whether (ii) modules/systems constitute the appropriate product markets. The Commission has followed this principle also in this case. As the Parties and their subsidiaries only sell components to OEM/OES, the independent aftermarket was not analysed in the decision. |
| --- | --- |

(21)

| (22) | In previous decisions, the Commission considered that the market for automotive components for sale to OEMs/OES to be at least EEA-wide and in some cases worldwide, but ultimately left the precise geographic market definition open. |
| --- | --- |

(22)

Retail banking - motor vehicle lending

| (23) | In previous decisions, the Commission considered that, (i) within retail banking, consumer credit could constitute a distinct market, and (ii) within consumer credit, credit (lending) for the purchase of motor vehicles and credit offered for the purchase of other consumer goods could constitute separate markets. In relation to motor vehicle lending, the Commission considered a market limited to non-captive activities (the ‘merchant market’), excluding captive activities, but ultimately left the precise product market definition open. Within a market for automotive financing services the Commission has further considered a sub-segmentation into the markets for (i) motor vehicle lending and (ii) leasing services for motor vehicles (potentially sub-segmented between financial and operational leases). Ultimately, the Commission left the precise product market definition open. |
| --- | --- |

(23)

| (24) | In line with previous Commission decisions, for the purposes of this decision the Commission considers the geographic market for (i) motor vehicle lending national in scope; (ii) leasing services (financial and operational) national or wider in scope; and (iii) lending to car dealers national in scope. |
| --- | --- |

(24)

Lending to SMEs – lending to car dealers

| (25) | In previous decisions, the Commission has considered a segmentation of the corporate banking market based on the customer group, i.e. between (i) banking services to large corporate customers (possibly further segmented by category of products) and (ii) banking services to SMEs, possibly, as well as within banking services to SMEs a separate segment for lending to car dealers. For the purposes of this decision, the Commission analyses the automotive financing market at the narrowest plausible market of lending to car dealers. |
| --- | --- |

(25)

| (26) | In line with previous Commission decisions, for the purposes of this decision the Commission considers the geographic market for (i) motor vehicle lending national in scope; (ii) leasing services (financial and operational) national or wider in scope; and (iii) lending to car dealers national in scope. |
| --- | --- |

(26)

B.   Competitive assessment

Market for the manufacture and supply of LCVs

| (27) | The Parties’ activities overlap on the markets for the manufacture and supply of Small LCVs, Medium LCVs and Large LCVs, with numerous affected markets at national level. |
| --- | --- |

(27)

| (28) | In the market for the manufacture and supply of Small LCVs, the affected markets are Austria, Belgium, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. |
| --- | --- |

(28)

| (29) | The Commission considers that the Proposed Transaction raises serious doubts as to its compatibility with the internal market in the Small LCV markets in Belgium, Czechia, France, Greece, Italy, Lithuania, Poland, Portugal and Slovakia as it is likely to significantly impede effective competition in those markets. In all these markets the following circumstances are present: (i) the combined market shares of the Parties are high or very high, (ii) the share increment brought by the Proposed Transaction is not insignificant, (iii) FCA and PSA are considered particularly close competitors, (vi) the remaining competitors alone do not, either because they are not as close competitors or because their market shares are insufficiently high, appear to impose a sufficient constraint on the Parties, and (vii) new entries in the short- to medium-term are unlikely due to the relatively high barriers to entry. Moreover, the Parties’ combined shares at EEA level suggest limited out-of-market constraints. |
| --- | --- |

(29)

| (30) | In the rest of EEA Member States, the Proposed Transaction would not significantly impede effective competition. In particular, in a number of EEA Member States (Denmark, Estonia, Finland, Ireland, Norway, Sweden and United Kingdom), the share increment brought by the Proposed Transaction is very limited or a number of alleviating factors existed: the fact that the combined share was always below the presumption of dominance of 50 % set out in the Horizontal Merger Guidelines, the existence of other strong competitors – some of which also close or particularly close to the Parties – with reputed brands in the LCV markets and wide service networks as well as the existence of spare capacity in the market. In some of those markets, the Commission has also concluded that the Parties are not sufficiently close competitors. |
| --- | --- |

(30)

| (31) | In the market for the manufacture and supply of Medium LCVs, the affected markets are: Austria, Belgium, Czechia, France, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia and Spain. |
| --- | --- |

(31)

| (32) | The Commission considers that the Proposed Transaction would not significantly impede effective competition in any of these markets. In most of them, the share increment brought by the Proposed Transaction was very limited and/or the combined market share was relatively low. Only in Belgium, Greece, Italy, Luxembourg and Slovakia, the Parties’ combined share was moderate or relatively high. However, even though in some of these countries the Parties were also close competitors, the Commission took into account a number of alleviating factors: the fact that the combined share was always below the presumption of dominance of 50 % set out in the Horizontal Merger Guidelines, the existence of other strong competitors – some of which also close or particularly close to the Parties – with reputed brands in the LCV markets and wide service networks as well as the existence of spare capacity in the market. Moreover, at EEA level the Parties’ shares are lower and the market is less concentrated, which suggests that the Parties may face out-of-market constraints. |
| --- | --- |

(32)

| (33) | In the market for the manufacture and supply of Large LCVs, the affected markets are: Austria, Belgium, Croatia, Czechia, Denmark, Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom. |
| --- | --- |

(33)

| (34) | The Commission considers that the Proposed Transaction would not significantly impede effective competition in any of these markets. In a number of these markets, the share increment brought by the Proposed Transaction was very limited and/or the combined market share was relatively low (Denmark, Estonia, Finland, Latvia, Lithuania, Romania, Poland, Portugal, Sweden and United Kingdom). In Austria, Belgium, Croatia, Czechia, France, Greece, Hungary, Italy, Luxembourg, Norway, Slovakia, Slovenia and Spain, the Parties’ combined share was moderate and in some cases even relatively high. However, even though in some of these countries the Parties were also close competitors, the Commission took into account a number of alleviating factors: the fact that, except in the case of Slovakia, the combined share was always below the presumption of dominance of 50 % set out in the Horizontal Merger Guidelines, the existence of other strong competitors – some of which also close or particularly close to the Parties – with reputed brands in the LCV markets and wide service networks and the existence of spare capacity in the market. In the case of Slovakia, although the combined share was very high, the Commission took into account the volatility of the shares and the absence of any competition concerns concerning this country resulting from the market investigation. Moreover, at EEA level the Parties’ shares are lower and the market is less concentrated and with more competitors than in Small LCVs, which suggests that the Parties may face out-of-market constraints. |
| --- | --- |

(34)

| (35) | In the market for LCVs between 3.5 and 6 tonnes, there are only two affected markets: France and United Kingdom, and the Parties’ combined market share was moderate in both cases. In a market combining both Large LCVs and LCVs between 3.5 and 6 tonnes, the market shares are considerably lower than in the Large LCV market. Moreover, sales of LCVs between 3.5 and 6 tonnes constitute a minor portion (5 %) of the total market, which means that the assessment for Large LCVs broadly applies to the broader market. |
| --- | --- |

(35)

Market for the manufacture and supply of PCs

| (36) | The Parties’ activities overlap in the manufacture and supply of PCs with numerous affected markets at national level. |
| --- | --- |

(36)

| (37) | In the market for the manufacture and supply of segment A cars (‘mini cars’), the affected national markets were Austria, Belgium, Bulgaria, Croatia, Denmark, France, Germany, Greece, Hungary, Italy, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. However, taking into account the foreseeable future development of this market, the Commission considers that the Proposed Transaction would not significantly impede effective competition in any mini car market in the EEA. |
| --- | --- |

(37)

| (38) | In the market for the manufacture and supply of segment B cars (‘small cars’), the affected national markets are Belgium, France, Greece, Italy, Portugal, Spain, and the United Kingdom. In none of these countries the Parties’ combined share exceeds 40 %, and in all affected countries, except in Italy, the increment brought about by the Proposed Transaction is minimal. The Commission therefore considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(38)

| (39) | In the market for the manufacture and supply of segment A and B cars, the affected national markets are (in addition to the affected countries mentioned above for a market comprising only small cars): Austria, Bulgaria, Croatia, Denmark, Hungary, Latvia, Lithuania, Luxembourg, and Slovenia. The Parties’ combined share does not exceed 40 % in any of the affected markets, except for Italy and Lithuania. Moreover, the Parties are not close competitors in this hypothetical market, since they are mainly present in different segments (PSA in segment B PCs, and FCA in segment A PCs). The Commission therefore considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(39)

| (40) | In the market for the manufacture and supply of segment C cars (‘medium cars’), the affected national markets are France, Greece, Italy, Lithuania, Malta and Portugal. The market for medium cars is not very concentrated and, post-merger, there would still be more than ten companies present with multiple models on the market. Moreover, this is a market in decline. The Commission therefore considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(40)

| (41) | In the market for the manufacture and supply of segment D cars (‘large cars’), the affected national markets are Croatia, France and Malta. Given the small or negligible increment brought about by FCA in those markets, and other alleviating factors, the Commission considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(41)

| (42) | In the market for the manufacture and supply of all SUVs, the affected national markets are Belgium, France, Italy, Lithuania, Netherlands, Portugal and Spain. Given the relatively low or moderate market share of the merged entity, the existence of several other competitors in each national market and some Member State specific elements, the Commission considers that the Proposed Transaction would not significantly impede effective competition in a market comprising all SUVs. |
| --- | --- |

(42)

| (43) | In the market for the manufacture and supply of segment B-SUVs, the affected national markets are Austria, Belgium, Croatia, Czechia, Denmark, France, Germany, Greece, Italy, Lithuania, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia, Spain and United Kingdom. Given that, overall, market participants perceive the B-SUV segment as a highly competitive market, with intense competition and numerous players, the Commission considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(43)

| (44) | In the market for the manufacture and supply of segment C-SUVs, the affected national markets are Belgium, France, Italy, Netherlands, Portugal and Spain. Given that, overall this segment is also growing, and the Parties’ combined shares and increment are low to moderate, the Commission considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(44)

| (45) | In the market for the manufacture and supply of segment M cars (‘MPVs’), the affected national markets are Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and the United Kingdom. Overall, segment M is in decline (and this decline is expected to continue in the future, mostly because customers are switching to SUVs), the Parties are either not close or not particularly close competitors, most of market respondents have not identified any concerns in any of the affected markets, and the Parties’ combined share is moderate in most countries. In the countries where the combined share is higher (Croatia, Estonia, Greece, Italy and Spain), the increment is small, except in Italy and Greece, where other alleviating factors apply. Therefore, the Commission considers that the Proposed Transaction would not significantly impede effective competition in any of these EEA Member States. |
| --- | --- |

(45)

Wholesale distribution of LCVs and PCs

| (46) | At the wholesale level, PSA and FCA distribute their vehicles in the EEA either through their own subsidiaries which only distribute their own vehicles or via independent importers. PSA and FCA do not distribute vehicles of other OEMs. Given that in many Member States one or both of the Parties distribute via independent importers, their wholesale activities only overlap in 13 Member States. |
| --- | --- |

(46)

| (47) | Since the Parties have their own distribution channels which do not overlap, irrespective of the market shares of the Parties, the Proposed Transaction will not have an impact on the competitive structure of the wholesale markets. In other words, FCA only distributes FCA vehicles to its distribution networks. In those sales, it does not compete with PSA, which only distributes PSA vehicles to its own networks. At most, the Parties could be said to compete for the market, in the occasions in which they search for new dealers in certain areas. Therefore, any loss of competition due to the Proposed Transaction would be significantly more limited than any loss of competition in the manufacture and supply markets. |
| --- | --- |

(47)

| (48) | For the wholesale distribution of LCVs only, the Parties’ combined market share does not exceed 50 % in any Member State. In countries with the highest combined market share, as well as in countries with the highest increment, there would post-merger be at least four competitors, all of them strong OEMs both at national and EEA-level, with wide distribution networks. |
| --- | --- |

(48)

| (49) | For the wholesale distribution of PCs only, the Parties’ combined market share does not exceed 40 % in any Member State and the increment does not exceed 10 %, except for Italy. However, in Italy there would still be five competitors post-merger and two with a market share similar to the increment. Again, the Parties’ market distribution networks do not overlap, which means that the loss of competition resulting from the Proposed Transaction would be limited. |
| --- | --- |

(49)

| (50) | For the wholesale distribution of PCs and LCVs combined, the market structure is somewhat worse than in PCs, but not significantly different. In view of the above, the Commission considers that the Proposed Transaction would not significantly impede effective competition with respect to the market for wholesale distribution of PCs and LCVs, irrespective of the market definition. |
| --- | --- |

(50)

Retail distribution of LCVs and PCs

| (51) | The Commission notes that both Parties have their own distribution channels which do not overlap, as both of them are only active in the distribution with respect to their own respective brands. Furthermore, neither pre-Transaction, nor post-Transaction, will competing manufacturers rely on PSA’s or FCA’s distribution channels. |
| --- | --- |

(51)

| (52) | The Parties distribute their vehicles either through owned dealerships or via independent dealers. Their presence in the retail distribution in the EEA is however minor, as the large majority of PSA’s and FCA’s dealers are independent. In addition, both Parties make some direct sales to end customers. |
| --- | --- |

(52)

| (53) | At national level, the only affected market that arises is that of retail distribution of LCVs in Portugal, where the Commission considers that the Proposed Transaction would not significantly impede effective competition with respect to the retail distribution of LCVs given the relatively low combined market share, the very small increment, and the fact that the Parties will continue to face strong competition both from dealers distributing other OEM brands, whether independent or not, as well as from independent dealers distributing PSA and FCA vehicles. |
| --- | --- |

(53)

| (54) | At local level, the following local catchment areas result in affected markets: (i) retail distribution of PCs in Valencia, Spain; (ii) retail distribution of PCs and LCVs in Valencia, Spain; (iii) retail distribution of LCVs in Villeneuve d’Ascq, France; (iv) retail distribution of LCVs in Boulogne Billancourt, France; and (v) retail distribution of LCVs in Seville, Spain. |
| --- | --- |

(54)

| (55) | The Parties combined market share, irrespective of the market definition would be less than 25 % with an increment of less than 5 %, except for Seville. However, in Seville the market share does not exceed 40 % and in any event, the Parties will continue to face strong competition both from dealers distributing other OEM brands, whether independent or not, as well as from independent dealers distributing PSA and FCA vehicles even in the local catchment area of Seville. |
| --- | --- |

(55)

| (56) | Therefore, the Commission considers that the Proposed Transaction would not significantly impede effective competition with respect to the market for the retail distribution of PCs and LCVs, irrespective of the market definition. |
| --- | --- |

(56)

Automotive components

| (57) | Automotive components are an input into the manufacture of light vehicles (PCs and LCVs). The Commission did not find any competition concerns for the following reasoning. |
| --- | --- |

(57)

| (58) | The merged entity would not have the ability or the incentive to engage in input foreclose in respect of the inputs in the EEA, given that (i) Faurecia has moderate market shares in the markets for recliners, length adjusters, exhaust systems and hot ends under any plausible market definition, (ii) a significant number of competitors are active in these upstream markets which can supply these components to OEMs and (iii) the results of the Phase I market investigation show that there is spare capacity in the markets for the manufacture of recliners, length adjusters, exhaust systems and hot ends. |
| --- | --- |

(58)

| (59) | The merged entity would not have the ability or the incentive to engage in input foreclosure in respect of cockpit module and centre console assembly services in the EEA or worldwide, given that (i) Faurecia competes not only with other external providers of cockpit module and centre console assembly services, but also with OEMs, many of which assemble these modules in-house, (ii) even on a merchant market, a number of credible competitors are active in the upstream market which can offer cockpit module and centre console assembly services to OEMs and (iii) the results of the Phase I market investigation show that there is spare capacity in the merchant market for cockpit module and centre console assembly services. |
| --- | --- |

(59)

| (60) | Finally, the merged entity would not have the ability or the incentive to engage in customer foreclose for any of recliners, length adjusters, exhaust systems, hot ends, cockpit module assembly services or centre console assembly services in the EEA or worldwide, given that (i) a significant number of players is active in the downstream market for the manufacture and supply of PCs and LCV which purchase these components and assembly services (ii) the limited impact of the Proposed Transaction on the market structure and (iii) evidence suggesting that OEMs prefer to multi-source from various suppliers. |
| --- | --- |

(60)

Automotive financing and related services

| (61) | In the markets for automotive financing the Parties provide automotive financing and related service through captive finance companies (‘CFCs’). The primary business strategy of CFCs is to help their respective automotive groups sell more vehicles by offering competitive financing programmes through franchised vehicle dealerships. |
| --- | --- |

(61)

| (62) | Affected markets arise only in relation to motor vehicle lending in Italy and lending to car dealers in France, Italy, the Netherlands and Spain. |
| --- | --- |

(62)

| (63) | Given the negligible increment and limited combined market share of the Parties in the market for motor vehicle lending in Italy on a non-captive sales only basis, and the relatively low combined market share on a captive and non-captive sales basis, the Proposed Transaction is unlikely to have any significant impact on the competition in the market of motor vehicle lending. |
| --- | --- |

(63)

Lending to car dealers

| (64) | The Parties’ combined market share (captive and non-captive together) in the market for lending to car dealers is [30-40] % (France), [40-50] % (Italy), [20-30] % (the Netherlands) and [20-30] % (Spain), based on the market shares the Parties hold in a combined market for PCs and LCVs. |
| --- | --- |

(64)

| (65) | Given that the activities of the Parties only overlap to a very small extent as in particular most of PSA CFCs’ lending is captive, the Proposed Transaction is therefore unlikely to have any significant impact on the competition in the market for lending to car dealers if such market was considered. |
| --- | --- |

(65)

Conclusion

| (66) | The decision, therefore, concludes that the Proposed Transaction raises serious doubts as to its compatibility with the internal market with regard to the Small LCV markets in Belgium, Czechia, France, Greece, Italy, Lithuania, Poland, Portugal and Slovakia as it is likely to significantly impede effective competition in those markets. |
| --- | --- |

(66)

| (67) | As regards all other markets, the Commission considers that the Proposed Transaction does not lead to a significant impediment of effective competition. |
| --- | --- |

(67)

IV.   COMMITMENTS

| (68) | In order to address the competition concerns identified in the market for the manufacturing and sale of Small LCVs, the Parties have submitted the Final Commitments, including some modifications to take account of the results of the market test, as described below. |
| --- | --- |

(68)

| (69) | The Final Commitments contain a two-pronged remedy. The first part of the remedy consists of an extension of the cooperation agreement currently in force between PSA and Toyota Motor Europe (‘TME’) (the ‘Toyota cooperation remedy’). |
| --- | --- |

(69)

| (70) | PSA currently supplies Small and Medium LCV models – and the corresponding ‘M-segment’ PC versions of the both models – to Toyota for sale under the Toyota brand. As regards Small LCVs, the cooperation in place contemplates the supply by PSA to Toyota of a Toyota-branded Small LCV model (Toyota ProAce City) for sale by Toyota. |
| --- | --- |

(70)

| (71) | The ‘Toyota cooperation remedy’ consists in an increase in the capacity of Small LCVs reserved for Toyota under the existing cooperation agreement and a reduction in the price of the vehicles and spare parts and accessories related to that capacity increase. |
| --- | --- |

(71)

| (72) | The second part of the remedy consists of an amendment of the repair and maintenance agreements for PCs and LCVs in force between PSA, FCA and their repairer networks in order to facilitate access for third-party OEMs to FCA and PSA’s repair and maintenance networks for LCVs (the ‘repair network remedy’). The repair network remedy applies only with respect to repair shops located in Belgium, Czechia, France, Greece, Italy, Lithuania, Portugal, Poland and Slovakia. |
| --- | --- |

(72)

| (73) | In the Commission’s view the Final Commitments adequately address the competition concerns identified for the following main reasons: |
| --- | --- |

(73)

| (74) | The remedy would allow Toyota to reach a market share in the EEA which is equivalent to FCA’s current EEA-wide market share. |
| --- | --- |

(74)

| (75) | The discount provided by PSA to Toyota for the capacity increase puts Toyota in a better position when selling those vehicles to the market. The pricing for the capacity increase is structured in a manner which effectively incentivises Toyota to sell those additional marginal volumes. |
| --- | --- |

(75)

| (76) | PSA will also grant Toyota increased discounts on the service parts and accessories. This means that Toyota can price more aggressively when selling the vehicle. |
| --- | --- |

(76)

| (77) | The repair part of the remedy will facilitate access to repair and service networks which intends to offer access to a service network to new entrants rather than established OEMs with their own networks. |
| --- | --- |

(77)

V.   CONCLUSION

| (78) | For the reasons mentioned above, the Commission concludes that, subject to full compliance with the Final Commitments given by the Parties on 27 October 2020, the Proposed Transaction will not significantly impede effective competition in the internal market or in a substantial part of it. Consequently, the draft Commission declares the concentration compatible with the internal market and the EEA Agreement, in accordance with Articles 2(2) and Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. |
| --- | --- |

(78)

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

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| 19.10.2021 | EN | Official Journal of the European Union | C 423/24 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/24

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Notice regarding the adaptation in line with inflation of minimum amounts of cover laid down in Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability

(2021/C 423/11)

In accordance with Article 9(2) of Directive 2009/103/EC (1) relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, the amounts laid down in euro in Article 9(1) were reviewed in 2020 in order to take account of changes in the Harmonised Index of Consumer Prices (2) (HICP) comprising all Member States, as published by Eurostat.

As a result of the review, the amounts laid down in euro are as follows:

| — | in the case of personal injury, the minimum amount of cover is increased to EUR 1 300 000 per victim or EUR 6 450 000 per claim, whatever the number of victims; |
| --- | --- |

—

in the case of personal injury, the minimum amount of cover is increased to EUR 1 300 000 per victim or EUR 6 450 000 per claim, whatever the number of victims;

| — | in the case of damage to property, the minimum amount is increased to EUR 1 300 000 per claim, whatever the number of victims. |
| --- | --- |

—

in the case of damage to property, the minimum amount is increased to EUR 1 300 000 per claim, whatever the number of victims.

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(1)  Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 263, 7.10.2009, p. 11).

(2)  Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95.

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| 19.10.2021 | EN | Official Journal of the European Union | C 423/25 |
| --- | --- | --- | --- |

19.10.2021

EN

Official Journal of the European Union

C 423/25

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Notice regarding the adaptation in line with inflation of the amounts laid down in the Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)

(2021/C 423/12)

Pursuant to Article 300 of Directive 2009/138/EC (1), the amounts expressed in euro in the Directive shall be revised every five years, by increasing the base amount in euro by the percentage change in the Harmonised Indices of Consumer Prices of all Member States, as published by the Commission (Eurostat) starting from 31 December 2015 until the date of revision and rounded up to a multiple of EUR 100 000, as long as the percentage change is not below 5 %. Therefore, the first revision of the amounts should be performed considering the increase of the mentioned Index with reference to the period between 31 December 2015 and 31 December 2020.

As a result of the review, the revised amounts are the following:

| a) | In Article 4(1), as regards the conditions for exclusion from scope due to size:






  — | in point (a), EUR 5 million is replaced by EUR 5 400 000; |
| --- | --- | --- |

a)

In Article 4(1), as regards the conditions for exclusion from scope due to size:

—

in point (a), EUR 5 million is replaced by EUR 5 400 000;

| — | in points (b) and (c), EUR 25 million is replaced by EUR 26 600 000; and |
| --- | --- |

—

in points (b) and (c), EUR 25 million is replaced by EUR 26 600 000; and

| — | in point (e), EUR 0,5 million is replaced by EUR 600 000 and EUR 2,5 million is replaced by EUR 2 700 000. |
| --- | --- |

—

in point (e), EUR 0,5 million is replaced by EUR 600 000 and EUR 2,5 million is replaced by EUR 2 700 000.

| b) | In Article 13, as regards the definition of large risks laid down in point (27), under letter (c):






  — | in sub-point (i), EUR 6,2 million is replaced by EUR 6 600 000; and |
| --- | --- | --- |

b)

In Article 13, as regards the definition of large risks laid down in point (27), under letter (c):

—

in sub-point (i), EUR 6,2 million is replaced by EUR 6 600 000; and

| — | in sub-point (ii), EUR 12,8 million is replaced by EUR 13 600 000. |
| --- | --- |

—

in sub-point (ii), EUR 12,8 million is replaced by EUR 13 600 000.

| c) | In Article 129(1), point (d) as regards the absolute floor for the calculation of the Minimum Capital Requirement:






  — | in sub-point (i), EUR 2 500 000 is replaced by EUR 2 700 000 and EUR 3 700 000 is replaced by EUR 4 000 000; |
| --- | --- | --- |

c)

In Article 129(1), point (d) as regards the absolute floor for the calculation of the Minimum Capital Requirement:

—

in sub-point (i), EUR 2 500 000 is replaced by EUR 2 700 000 and EUR 3 700 000 is replaced by EUR 4 000 000;

| — | in sub-point (ii), EUR 3 700 000 is replaced by EUR 4 000 000; and |
| --- | --- |

—

in sub-point (ii), EUR 3 700 000 is replaced by EUR 4 000 000; and

| — | in sub-point (iii), EUR 3 600 000 is replaced by EUR 3 900 000 and EUR 1 200 000 is replaced by EUR 1 300 000. |
| --- | --- |

—

in sub-point (iii), EUR 3 600 000 is replaced by EUR 3 900 000 and EUR 1 200 000 is replaced by EUR 1 300 000.

The revised amounts shall be implemented by Member States by 19 October 2022.

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(1)  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

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