# Official Journal C 355/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 355 |
| | |
| English edition | Information and Notices | Volume 614 October 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 355

English edition

Information and Notices

Volume 614 October 2018

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 355/01 | Non-opposition to a notified concentration (Case M.8880 — Oetker/Henkell/Freixenet) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 355/01

Non-opposition to a notified concentration (Case M.8880 — Oetker/Henkell/Freixenet) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2018/C 355/02 | Council Decision of 2 October 2018 appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Spain, Slovakia and Cyprus | 2 |
| | European Commission |
| 2018/C 355/03 | Euro exchange rates | 4 |
| 2018/C 355/04 | Administrative Commission for the Coordination of Social Security Systems — Decision No E6 of 19 October 2017 concerning the determination of when an electronic message is considered legally delivered in the Electronic Exchange of Social Security Information (EESSI) system (
  2
  ) | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2018/C 355/02

Council Decision of 2 October 2018 appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Spain, Slovakia and Cyprus

2

European Commission

2018/C 355/03

Euro exchange rates

4

2018/C 355/04

Administrative Commission for the Coordination of Social Security Systems — Decision No E6 of 19 October 2017 concerning the determination of when an electronic message is considered legally delivered in the Electronic Exchange of Social Security Information (EESSI) system (
  2
  )

2

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 355/05 | Prior notification of a concentration (Case M.8955 — Takeda/Shire) (
  1
  ) | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 355/05

Prior notification of a concentration (Case M.8955 — Takeda/Shire) (
  1
  )

1

8

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| | Corrigenda |
| --- | --- |
| 2018/C 355/06 | Corrigendum to Commission Notice — Handbook on how to issue and execute a European arrest warrant ( OJ C 335, 6.10.2017 ) | 10 |

Corrigenda

2018/C 355/06

Corrigendum to Commission Notice — Handbook on how to issue and execute a European arrest warrant ( OJ C 335, 6.10.2017 )

10

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |
| | (2)   Text with relevance for the EEA and for Switzerland. |

---

(1)   Text with EEA relevance.

1

(2)   Text with relevance for the EEA and for Switzerland.

2

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 4.10.2018 | EN | Official Journal of the European Union | C 355/1 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 355/1

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Non-opposition to a notified concentration

(Case M.8880 — Oetker/Henkell/Freixenet)

(Text with EEA relevance)

(2018/C 355/01)

On 27 July 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8880. 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 32018M8880. EUR-Lex is the online access to European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 4.10.2018 | EN | Official Journal of the European Union | C 355/2 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 355/2

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COUNCIL DECISION

of 2 October 2018

appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Spain, Slovakia and Cyprus

(2018/C 355/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,

Having regard to the lists of nominees submitted to the Council by the Governments of the Member States as regards their representatives, and by the Commission as regards the representatives of the employers’ organisations and employees’ organisations,

Whereas:

| (1) | By its Decision of 16 July 2018 (2) and Corrigendum to Council Decision of 16 July 2018 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2018 to 17 September 2021. |
| --- | --- |

(1)

By its Decision of 16 July 2018 (2) and Corrigendum to Council Decision of 16 July 2018 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2018 to 17 September 2021.

| (2) | The Commission submitted one nominee as regards the representatives of the employees’ organisations. |
| --- | --- |

(2)

The Commission submitted one nominee as regards the representatives of the employees’ organisations.

| (3) | Spain and Slovakia submitted two nominees as regards the representatives of governments, |
| --- | --- |

(3)

Spain and Slovakia submitted two nominees as regards the representatives of governments,

HAS ADOPTED THIS DECISION:

Article 1

The following three persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the period ending on 17 September 2021:

I.   REPRESENTATIVES OF THE GOVERNMENTS:

| Spain | Ms Clara SANZ LÓPEZ |
| --- | --- |
| Slovakia | Mr Juraj VANTUCH |

Spain

Ms Clara SANZ LÓPEZ

Slovakia

Mr Juraj VANTUCH

II.   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS:

| Cyprus | Mr Evangelos EVANGELOU |
| --- | --- |

Cyprus

Mr Evangelos EVANGELOU

Article 2

The Council shall appoint members who have not yet been nominated at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 2 October 2018.

For the Council

The President

H. LÖGER

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(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  Council Decision of 16 July 2018 renewing the Governing Board of the European Centre for the Development of Vocational Training (OJ C 253, 19.7.2018, p. 9).

2

(3)  Corrigendum to Council Decision of 16 July 2018 renewing the Governing Board of the European Centre for the Development of Vocational Training (OJ C 325, 14.9.2018, p. 20).

3

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European Commission

| 4.10.2018 | EN | Official Journal of the European Union | C 355/4 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 355/4

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Euro exchange rates (1)

3 October 2018

(2018/C 355/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1548 |
| JPY | Japanese yen | 131,47 |
| DKK | Danish krone | 7,4567 |
| GBP | Pound sterling | 0,88895 |
| SEK | Swedish krona | 10,3795 |
| CHF | Swiss franc | 1,1412 |
| ISK | Iceland króna | 130,90 |
| NOK | Norwegian krone | 9,4443 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,779 |
| HUF | Hungarian forint | 322,87 |
| PLN | Polish zloty | 4,2956 |
| RON | Romanian leu | 4,6648 |
| TRY | Turkish lira | 7,0058 |
| AUD | Australian dollar | 1,6146 |
| CAD | Canadian dollar | 1,4820 |
| HKD | Hong Kong dollar | 9,0498 |
| NZD | New Zealand dollar | 1,7617 |
| SGD | Singapore dollar | 1,5890 |
| KRW | South Korean won | 1 293,30 |
| ZAR | South African rand | 16,6031 |
| CNY | Chinese yuan renminbi | 7,9321 |
| HRK | Croatian kuna | 7,4270 |
| IDR | Indonesian rupiah | 17 401,61 |
| MYR | Malaysian ringgit | 4,7809 |
| PHP | Philippine peso | 62,677 |
| RUB | Russian rouble | 75,7812 |
| THB | Thai baht | 37,398 |
| BRL | Brazilian real | 4,4737 |
| MXN | Mexican peso | 21,6818 |
| INR | Indian rupee | 84,7170 |

Currency

Exchange rate

USD

US dollar

1,1548

JPY

Japanese yen

131,47

DKK

Danish krone

7,4567

GBP

Pound sterling

0,88895

SEK

Swedish krona

10,3795

CHF

Swiss franc

1,1412

ISK

Iceland króna

130,90

NOK

Norwegian krone

9,4443

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,779

HUF

Hungarian forint

322,87

PLN

Polish zloty

4,2956

RON

Romanian leu

4,6648

TRY

Turkish lira

7,0058

AUD

Australian dollar

1,6146

CAD

Canadian dollar

1,4820

HKD

Hong Kong dollar

9,0498

NZD

New Zealand dollar

1,7617

SGD

Singapore dollar

1,5890

KRW

South Korean won

1 293,30

ZAR

South African rand

16,6031

CNY

Chinese yuan renminbi

7,9321

HRK

Croatian kuna

7,4270

IDR

Indonesian rupiah

17 401,61

MYR

Malaysian ringgit

4,7809

PHP

Philippine peso

62,677

RUB

Russian rouble

75,7812

THB

Thai baht

37,398

BRL

Brazilian real

4,4737

MXN

Mexican peso

21,6818

INR

Indian rupee

84,7170

---

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

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| 4.10.2018 | EN | Official Journal of the European Union | C 355/5 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 355/5

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ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS

DECISION No E6

of 19 October 2017

concerning the determination of when an electronic message is considered legally delivered in the Electronic Exchange of Social Security Information (EESSI) system

(Text with relevance for the EEA and for Switzerland)

(2018/C 355/04)

THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,

Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of this Regulation and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),

Having regard to Article 72(d) of Regulation (EC) No 883/2004, under which the Administrative Commission shall encourage as far as possible the use of new technologies,

Having regard to Article 81 of Regulation (EC) No 883/2004 setting out the procedure to be followed in case a claim, declaration or appeal should have been submitted within a specified period to an authority, institution or tribunal of a Member State but was instead submitted within the same period to a corresponding authority, institution or tribunal of another Member State,

Having regard to Article 4 of Regulation (EC) No 987/2009, under which ‘the transmission of data between the institutions or the liaison bodies shall be carried out by electronic means ...’ and ‘the Administrative Commission shall lay down the structure, content, format and detailed arrangements for exchange of documents and structured electronic documents’,

Having regard to Article 2(4) of Regulation (EC) No 987/2009, under which ‘where data are transferred indirectly via the liaison body of the Member State of destination, time limits for responding to claims shall start from the date when that liaison body received the claim, as if it had been received by the institution in that Member State’.

Having regard to Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (3),

Whereas:

| (1) | It is necessary to lay down a rule determining when a message is considered legally delivered through EESSI, in order to determine deadlines in accordance with Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, in conjunction with Regulation (EEC, Euratom) No 1182/71. |
| --- | --- |

(1)

It is necessary to lay down a rule determining when a message is considered legally delivered through EESSI, in order to determine deadlines in accordance with Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, in conjunction with Regulation (EEC, Euratom) No 1182/71.

| (2) | The social security coordination rules in Regulation (EC) No 883/2004 and Article 2(4) of Regulation (EC) No 987/2009 set out that a message is considered delivered when it reaches the competent institution or the liaison body of the destination Member State, even in cases where that institution will not be directly handling the case. |
| --- | --- |

(2)

The social security coordination rules in Regulation (EC) No 883/2004 and Article 2(4) of Regulation (EC) No 987/2009 set out that a message is considered delivered when it reaches the competent institution or the liaison body of the destination Member State, even in cases where that institution will not be directly handling the case.

| (3) | The EESSI Architecture approved by the Administrative Commission provides for a technical mechanism ensuring that the sender of a message is informed when the message was successfully delivered, based on the use of the ebMS AS4 electronic data transport protocol in EESSI. |
| --- | --- |

(3)

The EESSI Architecture approved by the Administrative Commission provides for a technical mechanism ensuring that the sender of a message is informed when the message was successfully delivered, based on the use of the ebMS AS4 electronic data transport protocol in EESSI.

| (4) | The ebMS AS4 protocol provides message reliability, meaning that when a message is sent over this protocol, the sender is informed when the message was successfully delivered to the endpoint of the EESSI message exchange under the ebMS AS4 protocol, or, should the sending of the message fail, the sender is informed of the failure. |
| --- | --- |

(4)

The ebMS AS4 protocol provides message reliability, meaning that when a message is sent over this protocol, the sender is informed when the message was successfully delivered to the endpoint of the EESSI message exchange under the ebMS AS4 protocol, or, should the sending of the message fail, the sender is informed of the failure.

| (5) | The endpoint of the ebMS AS4 protocol represents the closest electronic equivalent of the concept of a message arriving at the competent institution or liaison body; therefore in electronic exchanges through EESSI the message will be considered legally delivered when it reaches the endpoint of the ebMS AS4 protocol. |
| --- | --- |

(5)

The endpoint of the ebMS AS4 protocol represents the closest electronic equivalent of the concept of a message arriving at the competent institution or liaison body; therefore in electronic exchanges through EESSI the message will be considered legally delivered when it reaches the endpoint of the ebMS AS4 protocol.

| (6) | Member States are free to determine the details of national architecture and decide whether the endpoint of an EESSI message exchange under the ebMS AS4 protocol will coincide with a National Application of the institution handling the cases, or if it will be placed in a National Gateway, or an entity providing Intelligent Routing Services acting on behalf of a National Application, meaning that in the second case messages will travel beyond the ebMS AS4 endpoint to reach the case handling institution. It is national responsibility to ensure that messages reach the case handlers in a timely manner beyond the ebMS AS4 endpoint. |
| --- | --- |

(6)

Member States are free to determine the details of national architecture and decide whether the endpoint of an EESSI message exchange under the ebMS AS4 protocol will coincide with a National Application of the institution handling the cases, or if it will be placed in a National Gateway, or an entity providing Intelligent Routing Services acting on behalf of a National Application, meaning that in the second case messages will travel beyond the ebMS AS4 endpoint to reach the case handling institution. It is national responsibility to ensure that messages reach the case handlers in a timely manner beyond the ebMS AS4 endpoint.

| (7) | Member States are free to determine the details of national architecture in terms of whether messages technically are ‘pushed’ or ‘pulled’ from an Access Point to the ebMS AS4 endpoint of the EESSI message exchange. Therefore a general rule is needed to ensure that messages are extracted from the Access Point and delivered to the ebMS AS4 endpoint of the EESSI message exchange on a regular basis. |
| --- | --- |

(7)

Member States are free to determine the details of national architecture in terms of whether messages technically are ‘pushed’ or ‘pulled’ from an Access Point to the ebMS AS4 endpoint of the EESSI message exchange. Therefore a general rule is needed to ensure that messages are extracted from the Access Point and delivered to the ebMS AS4 endpoint of the EESSI message exchange on a regular basis.

| (8) | The sending clerks working on case handling must be able to determine the date of delivery of their messages in case of doubts. The Administrative Commission will define the specific procedure to enable this. |
| --- | --- |

(8)

The sending clerks working on case handling must be able to determine the date of delivery of their messages in case of doubts. The Administrative Commission will define the specific procedure to enable this.

| (9) | Until the end of the transitional period towards full electronic message exchange, the practical arrangements for good cooperation between national authorities, including the leading principles of pragmatism and flexibility are set out in Decision E5 of the Administrative Commission of 16 March 2017 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (4), |
| --- | --- |

(9)

Until the end of the transitional period towards full electronic message exchange, the practical arrangements for good cooperation between national authorities, including the leading principles of pragmatism and flexibility are set out in Decision E5 of the Administrative Commission of 16 March 2017 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (4),

Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

HAS DECIDED AS FOLLOWS:

| 1. | Following the general principle of the social security coordination rules in Regulation (EC) No 883/2004 and Article 2(4) of Regulation (EC) No 987/2009, whereby a message is considered delivered when it reaches the competent institution or the liaison body of the destination Member State, in the electronic exchanges the corresponding concept where a message is considered delivered is defined as the endpoint of the ebMS AS4 electronic data transport protocol in EESSI. |
| --- | --- |

1.

| 2. | A message is considered legally delivered in EESSI on the date of the acknowledgement generated at the ebMS endpoint confirming the delivery of that message. |
| --- | --- |

2.

| 3. | Member States shall ensure that messages delivered to their national Access Point are extracted and delivered to the endpoint of the EESSI message exchange at least once every 24 hours and that the acknowledgement about delivery or failure of delivery of the message is generated at the ebMS endpoint, no later than the day after the date when the message was sent. |
| --- | --- |

3.

| 4. | The Member States must ensure that in case of doubt about the date of delivery of a message, the clerks will be able to consult the date of acknowledgment or failure of delivery of the message at the ebMS endpoint of the receiving Member State. The Administrative Commission will define the details of this consultation procedure. |
| --- | --- |

4.

| 5. | This decision shall be published in the Official Journal of the European Union. It shall apply from the twentieth day following that of its publication. |
| --- | --- |

5.

The Chair of the Administrative Commission

Agne NETTAN-SEPP

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(1)  OJ L 166, 30.4.2004, p. 1.

1

(2)  OJ L 284, 30.10.2009, p. 1.

2

(3)  OJ L 124, 8.6.1971, p. 1.

3

(4)  OJ C 233, 19.7.2017, p. 3.

4

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 4.10.2018 | EN | Official Journal of the European Union | C 355/8 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 355/8

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Prior notification of a concentration

(Case M.8955 — Takeda/Shire)

(Text with EEA relevance)

(2018/C 355/05)

1.

This notification concerns the following undertakings:

| — | Takeda Pharmaceutical Company Limited (‘Takeda’, Japan), and |
| --- | --- |

—

Takeda Pharmaceutical Company Limited (‘Takeda’, Japan), and

| — | Shire plc (‘Shire’, Jersey). |
| --- | --- |

—

Shire plc (‘Shire’, Jersey).

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

The concentration is accomplished by way of purchase of shares.

2.

| — | Takeda is a global pharmaceutical company with a particular focus on oncology, gastroenterology, neuroscience and vaccines. |
| --- | --- |

—

Takeda is a global pharmaceutical company with a particular focus on oncology, gastroenterology, neuroscience and vaccines.

| — | Shire is a global biopharmaceutical company and specialises in the treatment of rare diseases across therapeutic areas. |
| --- | --- |

—

Shire is a global biopharmaceutical company and specialises in the treatment of rare diseases across therapeutic areas.

3.

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

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.8955 — Takeda/Shire

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

| E-mail: COMP-MERGER-REGISTRY@ec.europa.eu |
| --- |
| Fax +32 22964301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

E-mail: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

1

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Corrigenda

| 4.10.2018 | EN | Official Journal of the European Union | C 355/10 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 355/10

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Corrigendum to Commission Notice — Handbook on how to issue and execute a European arrest warrant

(
  Official Journal of the European Union C 335 of 6 October 2017
  )

(2018/C 355/06)

On page 74, Annex IV, the following text is inserted after the entry for Bulgaria:

| ‘Croatia | : | Croatian. In urgent cases, the Republic of Croatia will accept a translation into English on condition of reciprocity.’ |
| --- | --- | --- |

‘Croatia

:

Croatian. In urgent cases, the Republic of Croatia will accept a translation into English on condition of reciprocity.’

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