# Official Journal C 201/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 201 |
| | |
| English edition | Information and Notices | Volume 6112 June 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 201

English edition

Information and Notices

Volume 6112 June 2018

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 201/01 | Non-opposition to a notified concentration (Case M.8873 — Carlyle/TA Associates/DiscoverOrg) (
  1) | 1 |
| 2018/C 201/02 | Non-opposition to a notified concentration (Case M.8872 — Advent International/Laird) (
  1) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 201/01

Non-opposition to a notified concentration (Case M.8873 — Carlyle/TA Associates/DiscoverOrg) (
  1)

1

1

2018/C 201/02

Non-opposition to a notified concentration (Case M.8872 — Advent International/Laird) (
  1)

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 201/03 | Euro exchange rates | 2 |
| 2018/C 201/04 | Commission Decision of 7 June 2018 formalising the Commission Customs Policy expert group | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 201/03

Euro exchange rates

2

2018/C 201/04

Commission Decision of 7 June 2018 formalising the Commission Customs Policy expert group

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2018/C 201/05 | Interpretative Notice on the application of the prior Union surveillance of imports of on certain iron and steel products and certain aluminium products originating in certain third countries | 8 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 201/06 | Prior notification of a concentration (Case M.8909 — KME/MKM) (
  1) | 12 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2018/C 201/05

Interpretative Notice on the application of the prior Union surveillance of imports of on certain iron and steel products and certain aluminium products originating in certain third countries

8

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 201/06

Prior notification of a concentration (Case M.8909 — KME/MKM) (
  1)

1

12

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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

| 12.6.2018 | EN | Official Journal of the European Union | C 201/1 |
| --- | --- | --- | --- |

12.6.2018

EN

Official Journal of the European Union

C 201/1

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Non-opposition to a notified concentration

(Case M.8873 — Carlyle/TA Associates/DiscoverOrg)

(Text with EEA relevance)

(2018/C 201/01)

On 17 May 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 32018M8873. 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 32018M8873. 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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| 12.6.2018 | EN | Official Journal of the European Union | C 201/1 |
| --- | --- | --- | --- |

12.6.2018

EN

Official Journal of the European Union

C 201/1

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Non-opposition to a notified concentration

(Case M.8872 — Advent International/Laird)

(Text with EEA relevance)

(2018/C 201/02)

On 24 May 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 32018M8872. 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 32018M8872. EUR-Lex is the online access to European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 12.6.2018 | EN | Official Journal of the European Union | C 201/2 |
| --- | --- | --- | --- |

12.6.2018

EN

Official Journal of the European Union

C 201/2

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Euro exchange rates (1)

11 June 2018

(2018/C 201/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1790 |
| JPY | Japanese yen | 129,62 |
| DKK | Danish krone | 7,4492 |
| GBP | Pound sterling | 0,88180 |
| SEK | Swedish krona | 10,2530 |
| CHF | Swiss franc | 1,1631 |
| ISK | Iceland króna | 124,90 |
| NOK | Norwegian krone | 9,5013 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,682 |
| HUF | Hungarian forint | 321,65 |
| PLN | Polish zloty | 4,2669 |
| RON | Romanian leu | 4,6590 |
| TRY | Turkish lira | 5,3296 |
| AUD | Australian dollar | 1,5501 |
| CAD | Canadian dollar | 1,5348 |
| HKD | Hong Kong dollar | 9,2508 |
| NZD | New Zealand dollar | 1,6764 |
| SGD | Singapore dollar | 1,5737 |
| KRW | South Korean won | 1 268,16 |
| ZAR | South African rand | 15,4991 |
| CNY | Chinese yuan renminbi | 7,5518 |
| HRK | Croatian kuna | 7,3788 |
| IDR | Indonesian rupiah | 16 477,11 |
| MYR | Malaysian ringgit | 4,7019 |
| PHP | Philippine peso | 62,558 |
| RUB | Russian rouble | 73,7903 |
| THB | Thai baht | 37,822 |
| BRL | Brazilian real | 4,3902 |
| MXN | Mexican peso | 24,0675 |
| INR | Indian rupee | 79,4980 |

Currency

Exchange rate

USD

US dollar

1,1790

JPY

Japanese yen

129,62

DKK

Danish krone

7,4492

GBP

Pound sterling

0,88180

SEK

Swedish krona

10,2530

CHF

Swiss franc

1,1631

ISK

Iceland króna

124,90

NOK

Norwegian krone

9,5013

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,682

HUF

Hungarian forint

321,65

PLN

Polish zloty

4,2669

RON

Romanian leu

4,6590

TRY

Turkish lira

5,3296

AUD

Australian dollar

1,5501

CAD

Canadian dollar

1,5348

HKD

Hong Kong dollar

9,2508

NZD

New Zealand dollar

1,6764

SGD

Singapore dollar

1,5737

KRW

South Korean won

1 268,16

ZAR

South African rand

15,4991

CNY

Chinese yuan renminbi

7,5518

HRK

Croatian kuna

7,3788

IDR

Indonesian rupiah

16 477,11

MYR

Malaysian ringgit

4,7019

PHP

Philippine peso

62,558

RUB

Russian rouble

73,7903

THB

Thai baht

37,822

BRL

Brazilian real

4,3902

MXN

Mexican peso

24,0675

INR

Indian rupee

79,4980

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

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| 12.6.2018 | EN | Official Journal of the European Union | C 201/3 |
| --- | --- | --- | --- |

12.6.2018

EN

Official Journal of the European Union

C 201/3

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COMMISSION DECISION

of 7 June 2018

formalising the Commission Customs Policy expert group

(2018/C 201/04)

THE EUROPEAN COMMISSION,

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

Whereas:

| (1) | The Treaty on the Functioning of the European Union (TFEU) confers on the Union the competence on customs-related matters in several areas of its internal or external policies and actions. The exercise of that competence by the Union and the implementation by the Member States of the measures adopted on its basis have shaped and progressively reinforced the customs union since 1968. |
| --- | --- |

(1)

The Treaty on the Functioning of the European Union (TFEU) confers on the Union the competence on customs-related matters in several areas of its internal or external policies and actions. The exercise of that competence by the Union and the implementation by the Member States of the measures adopted on its basis have shaped and progressively reinforced the customs union since 1968.

| (2) | In accordance with the Communication from the Commission entitled Developing the EU Customs Union and Its governance (1), the Commission needs to revitalise the partnership with the Member States in order to put in place a shared overall management vision for the EU customs union to ensure more flexible and effective cooperation and better rule-making, calling upon the expertise of Member States' customs authorities in an advisory body. |
| --- | --- |

(2)

In accordance with the Communication from the Commission entitled Developing the EU Customs Union and Its governance (1), the Commission needs to revitalise the partnership with the Member States in order to put in place a shared overall management vision for the EU customs union to ensure more flexible and effective cooperation and better rule-making, calling upon the expertise of Member States' customs authorities in an advisory body.

| (3) | It is also necessary to ensure uniform application and effective enforcement of rules through better coordination of, and cooperation between, operational services. |
| --- | --- |

(3)

It is also necessary to ensure uniform application and effective enforcement of rules through better coordination of, and cooperation between, operational services.

| (4) | Moreover, managing effectively the external border of the Union today requires a joined-up border management and law enforcement, and development of closer cooperation and enhanced information exchange with administrations involved in other relevant policy areas such as Security Union in order to contribute to its effectiveness. |
| --- | --- |

(4)

Moreover, managing effectively the external border of the Union today requires a joined-up border management and law enforcement, and development of closer cooperation and enhanced information exchange with administrations involved in other relevant policy areas such as Security Union in order to contribute to its effectiveness.

| (5) | With regard to the policy development, coordination and implementation of the customs union, the Commission has, until now, largely benefited from the expertise and advice of the Customs Policy Group (CPG), which was set up in 1962. The CPG is an informal Commission expert group in the sense of the Commission Decision establishing horizontal rules on expert groups (2), which brings together the heads of customs administrations. The importance of CPG was recognised by the Council in its Conclusions on the Governance Reform of the EU Customs Union (3). |
| --- | --- |

(5)

With regard to the policy development, coordination and implementation of the customs union, the Commission has, until now, largely benefited from the expertise and advice of the Customs Policy Group (CPG), which was set up in 1962. The CPG is an informal Commission expert group in the sense of the Commission Decision establishing horizontal rules on expert groups (2), which brings together the heads of customs administrations. The importance of CPG was recognised by the Council in its Conclusions on the Governance Reform of the EU Customs Union (3).

| (6) | In order to strengthen the position of CPG in the customs union governance, ensuring the consistency of work carried out in this respect and building on its expertise, and in order to underline its importance in the customs union governance process alongside the other fora involved and develop and clarify its role, tasks and structure, it is necessary to formalise the status of CPG. |
| --- | --- |

(6)

In order to strengthen the position of CPG in the customs union governance, ensuring the consistency of work carried out in this respect and building on its expertise, and in order to underline its importance in the customs union governance process alongside the other fora involved and develop and clarify its role, tasks and structure, it is necessary to formalise the status of CPG.

| (7) | The group should provide input to the Commission to help to define the customs policy and strategy and set clear strategic and operational priorities for the future of the development and management of the customs union, in line with its strategic objectives, as set out in Commission Communication on strategy for the evolution of the customs union (4). |
| --- | --- |

(7)

The group should provide input to the Commission to help to define the customs policy and strategy and set clear strategic and operational priorities for the future of the development and management of the customs union, in line with its strategic objectives, as set out in Commission Communication on strategy for the evolution of the customs union (4).

| (8) | The group should also assist the Commission in establishing overarching cooperation and coordination between the Commission and Member States and other stakeholders on the operational aspects of the customs union and the implementation of the Union legislation, programmes and policies on customs. Furthermore, the group should take into account and provide advice on the relevant aspects of other policies relevant to customs such as anti-fraud policy or revenue collection. |
| --- | --- |

(8)

The group should also assist the Commission in establishing overarching cooperation and coordination between the Commission and Member States and other stakeholders on the operational aspects of the customs union and the implementation of the Union legislation, programmes and policies on customs. Furthermore, the group should take into account and provide advice on the relevant aspects of other policies relevant to customs such as anti-fraud policy or revenue collection.

| (9) | The group should be composed of the customs authorities of the Member States. |
| --- | --- |

(9)

The group should be composed of the customs authorities of the Member States.

| (10) | Rules on disclosure of information by members of the group should be laid down. |
| --- | --- |

(10)

Rules on disclosure of information by members of the group should be laid down.

| (11) | Personal data are to be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (5), |
| --- | --- |

(11)

Personal data are to be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (5),

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

The Commission Customs Policy expert group, (‘the group’), is formally set up.

Article 2

Tasks

The group's tasks shall be:

| (a) | to provide strategic advice to the Commission on customs policy matters and how the operation of the customs union can be enhanced; |
| --- | --- |

(a)

to provide strategic advice to the Commission on customs policy matters and how the operation of the customs union can be enhanced;

| (b) | to provide the Commission with advice on the effective and efficient operation of the customs union, including advice on operational policy implementation and matters; |
| --- | --- |

(b)

to provide the Commission with advice on the effective and efficient operation of the customs union, including advice on operational policy implementation and matters;

| (c) | to share experience, best practice and information on emerging risks and operational, financing and compliance challenges; |
| --- | --- |

(c)

to share experience, best practice and information on emerging risks and operational, financing and compliance challenges;

| (d) | to provide strategic advice to the Commission in relation to the activities under the following financial programmes:






  (i) | Customs 2020, established by Regulation (EU) No 1294/2013 of the European Parliament and of the Council (6); |
| --- | --- | --- |

(d)

to provide strategic advice to the Commission in relation to the activities under the following financial programmes:

(i)

Customs 2020, established by Regulation (EU) No 1294/2013 of the European Parliament and of the Council (6);

| (ii) | Fiscalis 2020, established by Regulation (EU) No 1286/2013 of the European Parliament and of the Council (7); |
| --- | --- |

(ii)

Fiscalis 2020, established by Regulation (EU) No 1286/2013 of the European Parliament and of the Council (7);

| (e) | to provide advice on revenue collection related matters which fall under the responsibility of customs; |
| --- | --- |

(e)

to provide advice on revenue collection related matters which fall under the responsibility of customs;

| (f) | provide strategic advice on the following matters:






  (i) | emerging or planned new customs policy and programme initiatives and planned legislation that will change or impact on existing customs policy or affect operational procedures; |
| --- | --- | --- |

(f)

provide strategic advice on the following matters:

(i)

emerging or planned new customs policy and programme initiatives and planned legislation that will change or impact on existing customs policy or affect operational procedures;

| (ii) | operational policy implementation matters that arise from new legislation; |
| --- | --- |

(ii)

operational policy implementation matters that arise from new legislation;

| (iii) | issues that will impact the Member States' administrations or authorities organisation, human resource management, including training and educational programs, budget or capacity; |
| --- | --- |

(iii)

issues that will impact the Member States' administrations or authorities organisation, human resource management, including training and educational programs, budget or capacity;

| (iv) | any other issue that is of strategic nature on customs-related matters/issues in which the members are involved and that fall within other Union policy areas than the customs union; |
| --- | --- |

(iv)

any other issue that is of strategic nature on customs-related matters/issues in which the members are involved and that fall within other Union policy areas than the customs union;

| (g) | bring about an exchange of experience and good practice on customs-related matters. |
| --- | --- |

(g)

bring about an exchange of experience and good practice on customs-related matters.

Article 3

Consultation

The Commission may consult the group on any customs-related matter.

Article 4

Membership

1.   Members shall be customs authorities as defined in point (1) of Article 5 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (8). Members shall nominate their representatives at the level of Director-General of DG TAXUD/head of department or at an equivalent level and shall be responsible for ensuring that their representatives provide the required level of expertise.

2.   Representatives of the Members who, in the opinion of DG TAXUD, do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union, shall no longer be invited to participate in any meetings of the group and may be replaced for the remainder of their term of office.

Article 5

Chair

The group shall be chaired by the Director-General of DG TAXUD or, in the absence of the Director-General, by another representative of the Commission appointed by DG TAXUD.

Article 6

Operation

1.   The group shall act at the request of DG TAXUD, in compliance with the horizontal rules.

2.   Meetings of the group shall, in principle, be held on Commission premises.

3.   DG TAXUD shall provide secretarial services. Commission officials from other departments with an interest in the proceedings may attend meetings of the group and its sub-groups.

4.   In agreement with DG TAXUD, the group may, by simple majority of its members, decide that deliberations shall be public.

5.   Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the Chair.

6.   The group shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.

Article 7

Sub-groups

1.   DG TAXUD may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference defined by DG TAXUD. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandate is fulfilled.

2.   Only members of the group may be appointed as members of a sub-group.

Article 8

Invited experts

DG TAXUD may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group or sub-groups on an ad hoc basis.

Article 9

Observers

1.   Individuals, organisations and public entities may be granted an observer status, in compliance with the horizontal rules, by direct invitation or as a result of a call for applications.

2.   Organisations and public entities appointed as observers shall nominate their representatives.

3.   Observers and their representatives may be permitted by the Chair to take part in the discussions of the group and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the group.

Article 10

Rules of procedure

On a proposal by and in agreement with DG TAXUD, the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules.

Article 11

Professional secrecy and handling of classified information

The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (9) and 2015/444 (10). Should they fail to respect these obligations, the Commission may take all appropriate measures.

Article 12

Transparency

1.   The group and sub-groups shall be registered in the Register of expert groups.

2.   As concerns the group composition, the following data shall be published on the Register of expert groups:

| (a) | the name of the customs authorities; |
| --- | --- |

(a)

the name of the customs authorities;

| (b) | the name of observers. |
| --- | --- |

(b)

the name of observers.

3.   All relevant documents, including the agendas, the minutes and the participants' submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be foreseen where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (11).

Article 13

Meeting expenses

1.   Participants in the activities of the group and sub-groups shall not be remunerated for the services they offer.

2.   Travel and subsistence expenses incurred by participants in the activities of the group and sub-groups shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources. Reimbursement shall be limited to one participant per Member State.

Done at Brussels, 7 June 2018.

For the Commission

Pierre MOSCOVICI

Member of the Commission

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(1)  COM(2016) 813 final of 21 December 2016.

1

(2)  C(2016) 3301 final of 30 May 2016.

2

(3)  OJ C 171, 6.6.2014, p. 1.

3

(4)  COM(2008) 169 final of 1 April 2008.

4

(5)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

5

(6)  Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC (OJ L 347, 20.12.2013, p. 209).

6

(7)  Regulation (EU) No 1286/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme to improve the operation of taxation systems in the European Union for the period 2014-2020 (Fiscalis 2020) and repealing Decision No 1482/2007/EC (OJ L 347, 20.12.2013, p. 25).

7

(8)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

8

(9)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

9

(10)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

10

(11)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

11

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 12.6.2018 | EN | Official Journal of the European Union | C 201/8 |
| --- | --- | --- | --- |

12.6.2018

EN

Official Journal of the European Union

C 201/8

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Interpretative Notice on the application of the prior Union surveillance of imports of on certain iron and steel products and certain aluminium products originating in certain third countries

(2018/C 201/05)

(1)

On 28 April 2016, the European Commission adopted Implementing Regulation (EU) 2016/670 introducing prior Union surveillance of imports of certain iron and steel products originating in certain third countries (1) (hereafter the ‘Steel Surveillance Regulation’) to enable rapid and advanced collection of statistical information on imports of certain steel products. Such monitoring was necessary in view of the perceived vulnerability of the European Union steel market to sudden changes in the worldwide steel markets.

(2)

On 20 June 2017, the Steel Surveillance Regulation was amended by Commission Implementing Regulation (EU) 2017/1092 (2), mainly to streamline its provisions and to further encourage the use of electronic surveillance documents.

(3)

On 25 April 2018, the Commission adopted Implementing Regulation (EU) 2018/640 introducing prior Union surveillance of imports of certain aluminium products originating in certain third countries (3) (hereafter the ‘Aluminium Surveillance Regulation’) to enable rapid and advanced collection of statistical information on imports of certain aluminium products.

(4)

The Commission has received questions about the functioning of the surveillance system from the competent national authorities, as well as from other stakeholders.

(5)

In order to ensure a uniform application of the Steel and Aluminium Surveillance Regulations by the competent national authorities across all Member States and facilitate compliance by the stakeholders concerned, the Commission considers it necessary to provide an interpretation of the surveillance rules.

(6)

This notice does not create any new rules but merely provides clarification about the application of the existing Steel and Aluminium Surveillance Regulations.

(7)

This notice is without prejudice to other requirements established by European Union legislation, notably in the field of Union customs legislation. It is also without prejudice to any interpretation of the surveillance rules which may be given by the Court of Justice of the European Union.

1.   General principles

General principles

| (8) | The Commission must ensure respect of the European Union positions and commitments under international law obligations, notably the ones resulting from the European Union’s membership of the World Trade Organisation (‘WTO’) in terms of maintaining open and smooth trade (4). Surveillance is not meant to hinder trade flows and should not be construed to do so. |
| --- | --- |

(8)

The Commission must ensure respect of the European Union positions and commitments under international law obligations, notably the ones resulting from the European Union’s membership of the World Trade Organisation (‘WTO’) in terms of maintaining open and smooth trade (4

| (9) | The overriding purpose of the prior surveillance system is the collection of statistical data regarding the intention of economic operators to import the products concerned into the customs territory of the European Union. The system should thus be as simple as possible as it only serves statistical purposes. It is therefore important that surveillance rules are not seen or used to impose either a disproportionate burden on importers or to disrupt normal trade in any way. In this context, the provisions of the WTO Agreement on Import Licensing Procedures serve as additional interpretative guidance (5). |
| --- | --- |

(9)

The overriding purpose of the prior surveillance system is the collection of statistical data regarding the intention

simple

statistical purposes

surveillance rules are not seen or used to impose either a disproportionate burden on importers or to disrupt normal trade in any way

5

| (10) | Prior surveillance rules contained in the Steel and Aluminium Surveillance Regulations are complementary to the European Union’s customs legislation and accordingly need to be coordinated therewith. In practice, surveillance documents accompany a request for free circulation in the customs territory of the European Union, whenever goods are presented to the competent authorities of the Member States. |
| --- | --- |

(10)

Prior surveillance rules contained in the Steel and Aluminium Surveillance Regulations are complementary

| (11) | Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (6) promotes the use of information and communication technologies, as laid down in Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (7). This is a key element in ensuring trade facilitation and, at the same time, the effectiveness of customs control, thus reducing costs for business and risk for society. This is intended to be pursued through a system of harmonised exchange of information on the basis of internationally accepted data model and message formats. |
| --- | --- |

(11)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (6

7

| (12) | Surveillance rules do not set out a system of harmonised rules (8), or a dedicated network for the issuance of surveillance documents. The application of surveillance rules should not jeopardise the general trade facilitation objective. |
| --- | --- |

(12)

Surveillance rules do not set out a system of harmonised rules (8

2.   The importer’s application

The importer’s application

| (13) | Article 2(6) of the Steel Surveillance Regulation and Article 2(5) of the Aluminium Surveillance Regulation detail the elements of the importer’s application and clarify that the importer can request a surveillance document directly or through a representative. |
| --- | --- |

(13)

Article 2(6) of the Steel Surveillance Regulation and Article 2(5) of the Aluminium Surveillance Regulation detail the elements of the importer’s application and clarify that the importer can request a surveillance document directly or through a representative.

| (14) | Therefore, the term ‘applicant’ means ‘importer’. The term ‘declarant’ (9) means the person who lodges the customs declaration for release into free circulation. The declarant can be either the importer or its representative. |
| --- | --- |

(14)

Therefore, the term ‘applicant’ means ‘importer’. The term ‘declarant’ (9

3.   Content of the application

Content of the application

| (15) | Article 2(6)(f) of the Steel Surveillance Regulation and Article 2(5)(f) of the Aluminium Surveillance Regulation require the applicant to state: ‘I the undersigned, certify that the information provided in this application is true and given in good faith and that I am established in the Union’. |
| --- | --- |

(15)

Article 2(6)(f) of the Steel Surveillance Regulation and Article 2(5)(f) of the Aluminium Surveillance Regulation require the applicant to state: ‘I the undersigned, certify that the information provided in this application is true and given in good faith and that I am established in the Union’.

| (16) | In case the representative is not established in the European Union, Article 5 of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (10) which defines the obligations of economic operators not established in the customs territory of the Union with respect to their registration with the competent national authorities, applies. |
| --- | --- |

(16)

In case the representative is not established in the European Union, Article 5 of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (10

| (17) | In accordance with that article, any representative not established in the European Union and having a valid EORI number in accordance with Delegated Regulation (EU) 2015/2446, and mandated by an importer established in the Union, should be able to ask and receive a surveillance document under the rules set out in the Steel Surveillance Regulation on behalf of that importer. |
| --- | --- |

(17)

In accordance with that article, any representative not established in the European Union and having a valid EORI number in accordance with Delegated Regulation (EU) 2015/2446, and mandated by an importer established in the Union, should be able to ask and receive a surveillance document under the rules set out in the Steel Surveillance Regulation on behalf of that importer.

4.   Imports covered by the surveillance document

Imports covered by the surveillance document

| (18) | For the purpose of the surveillance document, the term ‘import’ is interpreted in the same way as for the purpose of the corresponding customs declaration:






  — | One surveillance document has to be requested for each TARIC code covered. If different TARIC codes appear on the same order/invoice, a separate surveillance document has to be requested for each different TARIC code. |
| --- | --- | --- |

(18)

For the purpose of the surveillance document, the term ‘import’ is interpreted in the same way as for the purpose of the corresponding customs declaration:

—

One surveillance document has to be requested for each TARIC code covered. If different TARIC codes appear on the same order/invoice, a separate surveillance document has to be requested for each different TARIC code.

| — | One surveillance document can cover several shipments (as long as the quantities on the surveillance document are not fully used by one shipment). |
| --- | --- |

—

One surveillance document can cover several shipments (as long as the quantities on the surveillance document are not fully used by one shipment).

| — | One surveillance document can be used for various purchase orders (concerning one shipment for the same TARIC code and the same applicant). |
| --- | --- |

—

One surveillance document can be used for various purchase orders (concerning one shipment for the same TARIC code and the same applicant).

| — | The request for the surveillance documents should feature the TARIC code under which the relevant product falls. |
| --- | --- |

—

The request for the surveillance documents should feature the TARIC code under which the relevant product falls.

5.   Application of exemptions thresholds

Application of exemptions thresholds

| (19) | The exemption threshold laid down under Article 1(1) of the Steel Surveillance Regulation applies only to individual TARIC codes. Any import made under a specific TARIC code, and whose net weight does not exceed 2 500 kg (or 5 000 kg in case of imports falling under HS heading 7318, pursuant to Article 1(1) of Implementing Regulation (EU) 2017/1092) may enter the customs territory of the Union without a surveillance document. |
| --- | --- |

(19)

The exemption threshold laid down under Article 1(1) of the Steel Surveillance Regulation applies only to individual TARIC codes. Any import made under a specific TARIC code, and whose net weight does not exceed 2 500 kg (or 5 000 kg in case of imports falling under HS heading 7318, pursuant to Article 1(1) of Implementing Regulation (EU) 2017/1092) may enter the customs territory of the Union without a surveillance document.

| (20) | Similarly, the exemption threshold laid down under Article 1(1) of the Aluminium Surveillance Regulation applies only to individual TARIC codes. Any import made under a specific TARIC code, and whose net weight does not exceed 2 500 kg may enter the customs territory of the Union without a surveillance document. |
| --- | --- |

(20)

Similarly, the exemption threshold laid down under Article 1(1) of the Aluminium Surveillance Regulation applies only to individual TARIC codes. Any import made under a specific TARIC code, and whose net weight does not exceed 2 500 kg may enter the customs territory of the Union without a surveillance document.

| (21) | The volume and price deviations between the surveillance document and actual import transactions referred to in Article 3 of the Steel Surveillance Regulation and Article 3 of the Aluminium Surveillance Regulation should be calculated on the basis of individual TARIC codes. They may not be based on, for instance, the average price or quantities of different TARIC codes of one or more invoices or of one or more transactions. |
| --- | --- |

(21)

The volume and price deviations between the surveillance document and actual import transactions referred to in Article 3 of the Steel Surveillance Regulation and Article 3 of the Aluminium Surveillance Regulation should be calculated on the basis of individual TARIC codes. They may not be based on, for instance, the average price or quantities of different TARIC codes of one or more invoices or of one or more transactions.

| (22) | That is to say, if, for each TARIC code, the unit price of the products presented to the competent national authorities deviates by less than 5 % in either direction (in other words, the price is 5 % higher or lower than the price indicated on the surveillance document) and/or the total quantity of the products presented under each individual TARIC code for importation exceeds the quantity indicated on the surveillance document by less than 5 %, then release for free circulation must nonetheless be granted. |
| --- | --- |

(22)

That is to say, if, for each TARIC code, the unit price of the products presented to the competent national authorities deviates by less than 5 % in either direction (in other words, the price is 5 % higher or lower than the price indicated on the surveillance document) and/or the total quantity of the products presented under each individual TARIC code for importation exceeds the quantity indicated on the surveillance document by less than 5 %, then release for free circulation must nonetheless be granted.

| (23) | Needless to say, where the total quantity of the products presented to the competent national authorities under each individual TARIC code falls below the quantity indicated in the surveillance document, the Steel and Aluminium Surveillance Regulations provide that release for free circulation must equally be granted. |
| --- | --- |

(23)

Needless to say, where the total quantity of the products presented to the competent national authorities under each individual TARIC code falls below the quantity indicated in the surveillance document, the Steel and Aluminium Surveillance Regulations provide that release for free circulation must equally be granted.

| (24) | A deviation in price or quantity of more than 5 % is not acceptable under the Steel and Aluminium Surveillance Regulations. Where a deviation of price or quantity exceeds the 5 % threshold set out in Article 3(1) of the Steel Surveillance Regulation and Article 3(1) of the Aluminium Surveillance Regulation, a new surveillance document is required. |
| --- | --- |

(24)

A deviation in price or quantity of more than 5 % is not acceptable under the Steel and Aluminium Surveillance Regulations. Where a deviation of price or quantity exceeds the 5 % threshold set out in Article 3(1) of the Steel Surveillance Regulation and Article 3(1) of the Aluminium Surveillance Regulation, a new surveillance document is required.

6.   Evidence of the intention to import

Evidence of the intention to import

| (25) | The evidence of the intention to import referred to under Article 2(6) last sentence of the Steel Surveillance Regulation and Article 2(5) last sentence of the Aluminium Surveillance Regulation consists of any supporting commercial evidence. This may, for example, be a copy of the contract of sale, a purchase order, or any other commercial evidence such as correspondence (including email exchanges) confirming the order of goods concerned. |
| --- | --- |

(25)

The evidence of the intention to import referred to under Article 2(6) last sentence of the Steel Surveillance Regulation and Article 2(5) last sentence of the Aluminium Surveillance Regulation consists of any supporting commercial evidence. This may, for example, be a copy of the contract of sale, a purchase order, or any other commercial evidence such as correspondence (including email exchanges) confirming the order of goods concerned.

| (26) | The above list is not exhaustive and any other reasonable type of commercial evidence may also be deemed sufficient by the relevant national authorities. |
| --- | --- |

(26)

The above list is not exhaustive and any other reasonable type of commercial evidence may also be deemed sufficient by the relevant national authorities.

7.   Transmission of documents

Transmission of documents

| (27) | The Commission strongly encourages the competent authorities to ensure that the transmission of documents between the importer or its representative (request for a surveillance document) and the licensing authorities (issuance of the surveillance document) be swift and simple and, whenever possible, by electronic means. |
| --- | --- |

(27)

The Commission strongly encourages the competent authorities to ensure that the transmission of documents between the importer or its representative (request for a surveillance document) and the licensing authorities (issuance of the surveillance document) be swift and simple and, whenever possible, by electronic means.

8.   Paper and electronic documents (11)

Paper and electronic documents

11

| (28) | According to the Steel and Aluminium Surveillance Regulations, the application for a surveillance document can be made electronically. The paper requirements apply only to the surveillance form itself (i.e. the form set out in Annex II of Regulation (EU) 2015/478 and Annex I of Regulation (EU) 2015/755 respectively). |
| --- | --- |

(28)

According to the Steel and Aluminium Surveillance Regulations, the application for a surveillance document can be made electronically. The paper requirements apply only to the surveillance form itself (i.e. the form set out in Annex II of Regulation (EU) 2015/478 and Annex I of Regulation (EU) 2015/755 respectively).

| (29) | Accordingly, national authorities may put in place electronic systems to process the application. They may also issue electronic surveillance documents in addition to paper documents that can be transmitted to the national electronic customs system, given that custom declarations can be issued electronically in the framework of custom operations. This is fully in line with the abovementioned policy objectives — both at national and European Union level — to promote the transition to electronic customs. The Commission, therefore, encourages the electronic issuance of surveillance documents and their electronic processing with a view to streamlining the surveillance procedures. |
| --- | --- |

(29)

Accordingly, national authorities may put in place electronic systems to process the application. They may also issue electronic surveillance documents in addition to paper documents that can be transmitted to the national electronic customs system, given that custom declarations can be issued electronically in the framework of custom operations. This is fully in line with the abovementioned policy objectives — both at national and European Union level — to promote the transition to electronic customs. The Commission, therefore, encourages the electronic issuance of surveillance documents and their electronic processing with a view to streamlining the surveillance procedures.

| (30) | Under the current legal framework covering surveillance (12) however, paper documents still have to be issued, in particular upon request of the applicant or the national authorities of another Member State. |
| --- | --- |

(30)

Under the current legal framework covering surveillance (12

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(1)  OJ L 115, 29.4.2016, p. 37.

1

(2)  OJ L 158, 21.6.2017, p. 8.

2

(3)  OJ L 106, 26.4.2018, p. 7.

3

(4)  The European Community concluded the Agreement establishing the World Trade Organisation (‘WTO’). Annex 1A to that Agreement contains, inter alia, the General Agreement on Tariffs and Trade 1994 (‘GATT 1994’) and an Agreement on Import Licensing Procedures: https://www.wto.org/english/docs_e/legal_e/23-lic.pdf

4

(5)  See in particular the WTO Import licensing Agreement, Article 1.7: ‘No application shall be refused for minor documentation errors which do not alter basic data contained therein. No penalty greater than necessary to serve merely as a warning shall be imposed in respect of any omission or mistake in documentation or procedures which is obviously made without fraudulent intent or gross negligence’. See also Article 2(2)(a): ‘automatic licensing procedures shall not be administered in such a manner as to have restricting effects on imports subject to automatic licensing [...]’.

5

(6)  OJ L 269, 10.10.2013, p. 1.

6

(7)  OJ L 23, 26.1.2008, p. 21.

7

(8)  Implementing Regulation (EU) 2017/1092, amending the Steel Surveillance Regulation, repealed the provisions in Article 2(9) of the latter: ‘The surveillance document may be issued by electronic means as long as the customs offices involved have access to the document via a computer network.’

8

(9)  Article 2(6)(b) of the Steel Surveillance Regulation, based on Article 11(2)(b) of Regulation (EU) 2015/478 of the European Parliament and of the Council (OJ L 83, 27.3.2015, p. 16) and Article 8(2)(b) of Regulation (EU) 2015/755 of the European Parliament and of the Council (OJ L 123, 19.5.2015, p. 33).

9

(10)  OJ L 343, 29.12.2015, p. 1.

10

(11)  See Article 11(2), (3), (8), (9), (10) and Annex II of Regulation (EU) 2015/478; Article 8(2), (3), (8), (9), (10) and Annex I of Regulation (EU) 2015/755.

11

(12)  Article 11 of Regulation (EU) 2015/478.

12

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 12.6.2018 | EN | Official Journal of the European Union | C 201/12 |
| --- | --- | --- | --- |

12.6.2018

EN

Official Journal of the European Union

C 201/12

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Prior notification of a concentration

(Case M.8909 — KME/MKM)

(Text with EEA relevance)

(2018/C 201/06)

1.

On 4 June 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which KME AG (‘KME’, Germany), a subsidiary of INTEK GROUP S.p.A ultimately controlled by Quattroduedue Holding B.V., acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of MKM Mansfelder Kupfer and Messing GmbH (‘MKM’, Germany), by way of purchase of shares.

2.

—   for KME: an industrial group active in the manufacturing and marketing of copper and copper alloy products,

—   for MKM: a manufacturer of intermediate and semi-finished products made from copper and copper alloys.

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.8909 — KME/MKM

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

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

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

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

1

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