# Official Journal C 427/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 427 |
| | |
| English edition | Information and Notices | Volume 5919 November 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 427

English edition

Information and Notices

Volume 5919 November 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 427/01 | Non-opposition to a notified concentration (Case M.8177 — AMC UK/Odeon and UCI Cinemas) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 427/01

Non-opposition to a notified concentration (Case M.8177 — AMC UK/Odeon and UCI Cinemas) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 427/02 | Euro exchange rates | 2 |
| 2016/C 427/03 | Explanatory notes to the Combined Nomenclature of the European Union | 3 |
| | European Ombudsman |
| 2016/C 427/04 | Annual Report 2015 | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 427/02

Euro exchange rates

2

2016/C 427/03

Explanatory notes to the Combined Nomenclature of the European Union

3

European Ombudsman

2016/C 427/04

Annual Report 2015

4

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 427/05 | Prior notification of a concentration (Case M.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia) — Candidate case for simplified procedure (
  1
  ) | 5 |
| | OTHER ACTS |
| | European Commission |
| 2016/C 427/06 | Information Notice — Public Consultation — Geographical indications from the Swiss Confederation | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 427/05

Prior notification of a concentration (Case M.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia) — Candidate case for simplified procedure (
  1
  )

1

5

OTHER ACTS

European Commission

2016/C 427/06

Information Notice — Public Consultation — Geographical indications from the Swiss Confederation

6

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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

| 19.11.2016 | EN | Official Journal of the European Union | C 427/1 |
| --- | --- | --- | --- |

19.11.2016

EN

Official Journal of the European Union

C 427/1

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Non-opposition to a notified concentration

(Case M.8177 — AMC UK/Odeon and UCI Cinemas)

(Text with EEA relevance)

(2016/C 427/01)

On 15 November 2016, 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 32016M8177. 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 32016M8177. 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

European Commission

| 19.11.2016 | EN | Official Journal of the European Union | C 427/2 |
| --- | --- | --- | --- |

19.11.2016

EN

Official Journal of the European Union

C 427/2

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Euro exchange rates (1)

18 November 2016

(2016/C 427/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0629 |
| JPY | Japanese yen | 116,95 |
| DKK | Danish krone | 7,4399 |
| GBP | Pound sterling | 0,86218 |
| SEK | Swedish krona | 9,8243 |
| CHF | Swiss franc | 1,0711 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,1038 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,035 |
| HUF | Hungarian forint | 309,49 |
| PLN | Polish zloty | 4,4429 |
| RON | Romanian leu | 4,5150 |
| TRY | Turkish lira | 3,5798 |
| AUD | Australian dollar | 1,4376 |
| CAD | Canadian dollar | 1,4365 |
| HKD | Hong Kong dollar | 8,2450 |
| NZD | New Zealand dollar | 1,5073 |
| SGD | Singapore dollar | 1,5107 |
| KRW | South Korean won | 1 250,14 |
| ZAR | South African rand | 15,2790 |
| CNY | Chinese yuan renminbi | 7,3156 |
| HRK | Croatian kuna | 7,5320 |
| IDR | Indonesian rupiah | 14 272,09 |
| MYR | Malaysian ringgit | 4,6810 |
| PHP | Philippine peso | 52,687 |
| RUB | Russian rouble | 68,7941 |
| THB | Thai baht | 37,744 |
| BRL | Brazilian real | 3,6049 |
| MXN | Mexican peso | 21,6968 |
| INR | Indian rupee | 72,2170 |

Currency

Exchange rate

USD

US dollar

1,0629

JPY

Japanese yen

116,95

DKK

Danish krone

7,4399

GBP

Pound sterling

0,86218

SEK

Swedish krona

9,8243

CHF

Swiss franc

1,0711

ISK

Iceland króna

NOK

Norwegian krone

9,1038

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,035

HUF

Hungarian forint

309,49

PLN

Polish zloty

4,4429

RON

Romanian leu

4,5150

TRY

Turkish lira

3,5798

AUD

Australian dollar

1,4376

CAD

Canadian dollar

1,4365

HKD

Hong Kong dollar

8,2450

NZD

New Zealand dollar

1,5073

SGD

Singapore dollar

1,5107

KRW

South Korean won

1 250,14

ZAR

South African rand

15,2790

CNY

Chinese yuan renminbi

7,3156

HRK

Croatian kuna

7,5320

IDR

Indonesian rupiah

14 272,09

MYR

Malaysian ringgit

4,6810

PHP

Philippine peso

52,687

RUB

Russian rouble

68,7941

THB

Thai baht

37,744

BRL

Brazilian real

3,6049

MXN

Mexican peso

21,6968

INR

Indian rupee

72,2170

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

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| 19.11.2016 | EN | Official Journal of the European Union | C 427/3 |
| --- | --- | --- | --- |

19.11.2016

EN

Official Journal of the European Union

C 427/3

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Explanatory notes to the Combined Nomenclature of the European Union

(2016/C 427/03)

Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the explanatory notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 187, in the explanatory note to heading ‘3920 Other plates, sheets, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials’ the following text is added:

‘This heading includes “stone paper” consisting of rock powder (approx. 80 % by weight of calcium carbonate) and plastic (approx. 20 % by weight of plastic resin) where the plastic gives the product its essential character because of its flexibility as the rock powder acts only as a filler material. Stone paper is a paper-like material that can be processed like paper (i.e. through printing, cutting, folding and affixing) as it has a density range similar to paper made from cellulose. It is suitable for instance for stationery, bags, packaging, adhesives, grease proof paper, wrappers and containers.’

On page 189, after the explanatory note to CN subheading ‘3925 90 10 Fittings and mountings intended for permanent installation in or on doors, windows, staircases, walls or other parts of buildings’ the following text is inserted:

On page 189, after the explanatory note to CN subheading ‘3925 90 10 Fittings and mountings intended for permanent installation in or on doors, windows, staircases, walls or other parts of buildings

| ‘3926 40 00 | Statuettes and other ornamental articles

  This subheading includes ornamental articles for the home and garden consisting of rock powder (approx. 59 % by weight of calcium carbonate), plastic (approx. 39 % by weight of unsaturated polyester) and a small amount of other additives where the plastic gives the articles their essential character. The rock powder is in this case a filler material.’ |
| --- | --- |

‘3926 40 00

Statuettes and other ornamental articles

This subheading includes ornamental articles for the home and garden consisting of rock powder (approx. 59 % by weight of calcium carbonate), plastic (approx. 39 % by weight of unsaturated polyester) and a small amount of other additives where the plastic gives the articles their essential character. The rock powder is in this case a filler material.’

On page 268, after the explanatory note to CN subheading ‘6810 11 10 Of light concrete (with a basis of crushed pumice, granulated slag, etc.)’ the following text is inserted:

On page 268, after the explanatory note to CN subheading ‘6810 11 10 Of light concrete (with a basis of crushed pumice, granulated slag, etc.)

| ‘6810 99 00 | Other

  This subheading does not include:






  1. | “stone paper” (see the explanatory note to heading 3920); |
| --- | --- | --- |

‘6810 99 00

Other

This subheading does not include:

1.

“stone paper” (see the explanatory note to heading 3920);

| 2. | ornamental articles for the home and garden consisting of rock powder and plastic, where the plastic gives the articles their essential character (see the explanatory note to subheading 3926 40 00).’ |
| --- | --- |

2.

ornamental articles for the home and garden consisting of rock powder and plastic, where the plastic gives the articles their essential character (see the explanatory note to subheading 3926 40 00).’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 76, 4.3.2015, p. 1.

2

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European Ombudsman

| 19.11.2016 | EN | Official Journal of the European Union | C 427/4 |
| --- | --- | --- | --- |

19.11.2016

EN

Official Journal of the European Union

C 427/4

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Annual Report 2015

(2016/C 427/04)

On 3 May 2016, the European Ombudsman presented her Annual Report for the year 2015 to the President of the European Parliament.

The Annual Report is available on the European Ombudsman’s website in all 24 official languages at: http://www.ombudsman.europa.eu/en/activities/annualreports.faces

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 19.11.2016 | EN | Official Journal of the European Union | C 427/5 |
| --- | --- | --- | --- |

19.11.2016

EN

Official Journal of the European Union

C 427/5

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Prior notification of a concentration

(Case M.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 427/05)

| 1. | On 10 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Enel SpA (‘Enel’, Italy) and Cassa Depositi e Prestiti SpA (‘CDP’, Italy), through its subsidiary CDP Equity SpA (‘CDPE’, Italy), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking resulting from the merger of Enel Open Fiber SpA (‘EOF’) and Metroweb Italia SpA (‘MW Italia’). |
| --- | --- |

1.

On 10 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Enel SpA (‘Enel’, Italy) and Cassa Depositi e Prestiti SpA (‘CDP’, Italy), through its subsidiary CDP Equity SpA (‘CDPE’, Italy), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking resulting from the merger of Enel Open Fiber SpA (‘EOF’) and Metroweb Italia SpA (‘MW Italia’).

| 2. | The business activities of the undertakings concerned are:
  —   Enel: operates in the production, distribution and supply of electricity and gas on a global scale,
  —   CDP: a public limited company under the public control of the Italian Government,
  —   CDPE: a holding company acquiring and managing shares in undertakings,
  —   EOF: active in the installation, supply and operation of high speed fibre-optic electronic communication networks,
  —   MW Italia: active in the installation, supply and operation of high speed fibre-optic electronic communication networks. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   Enel: operates in the production, distribution and supply of electricity and gas on a global scale,

—   CDP: a public limited company under the public control of the Italian Government,

—   CDPE: a holding company acquiring and managing shares in undertakings,

—   EOF: active in the installation, supply and operation of high speed fibre-optic electronic communication networks,

—   MW Italia: active in the installation, supply and operation of high speed fibre-optic electronic communication networks.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit any observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of publication of this notification. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of publication of this notification. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia, to the following 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’).

(2)  OJ C 366, 14.12.2013, p. 5.

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OTHER ACTS

European Commission

| 19.11.2016 | EN | Official Journal of the European Union | C 427/6 |
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19.11.2016

EN

Official Journal of the European Union

C 427/6

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INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indications from the Swiss Confederation

(2016/C 427/06)

The Agreement between the EU and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (1) (adding a new Annex 12 to this Agreement) entered into force on 1 December 2011 (2).

Article 16 of this Annex 12 foresees the possibility for the Parties to add new geographical indications (GIs) to be protected in Appendixes 1 and 2. The two parties are in the process of updating the list of GIs in these Appendixes with denominations that have been registered in their respective territories in 2015. In this context, the protection in the European Union, as geographical indications, of the following names of the Swiss Confederation is under consideration:

| — | Jambon cru du Valais, |
| --- | --- |

—

Jambon cru du Valais,

| — | Lard sec du Valais, |
| --- | --- |

—

Lard sec du Valais,

| — | Zuger Kirschtorte. |
| --- | --- |

—

Zuger Kirschtorte.

The Commission invites any Member State or third country or any natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit opposition to such protection by lodging a duly substantiated statement.

Statements of opposition must reach the Commission within two months of the date of this publication. Statements of opposition should be sent to the following email address:

AGRI-A4-GI@ec.europa.eu

Statements of opposition shall be examined only if they are received within the time-limit set out above and if they show that the protection of the name proposed would:

| (a) | conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product; |
| --- | --- |

(a)

conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product;

| (b) | be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (3) or contained in the agreements the Union has concluded with the following countries:






  — | Korea (4) |
| --- | --- | --- |

(b)

be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (3) or contained in the agreements the Union has concluded with the following countries:

—

Korea (4)

| — | Central America (5) |
| --- | --- |

—

Central America (5)

| — | Colombia and Peru (6) |
| --- | --- |

—

Colombia and Peru (6)

| — | Montenegro (7) |
| --- | --- |

—

Montenegro (7)

| — | Bosnia and Herzegovina (8) |
| --- | --- |

—

Bosnia and Herzegovina (8)

| — | Serbia (9) |
| --- | --- |

—

Serbia (9)

| — | Georgia (10) |
| --- | --- |

—

Georgia (10)

| — | Moldova (11) |
| --- | --- |

—

Moldova (11)

| — | South Africa (12) |
| --- | --- |

—

South Africa (12)

| — | CARIFORUM (13) |
| --- | --- |

—

CARIFORUM (13)

| — | Ukraine (14) |
| --- | --- |

—

Ukraine (14)

| (c) | in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product; |
| --- | --- |

(c)

in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;

| (d) | jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice; |
| --- | --- |

(d)

jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice;

| (e) | or if they can give details from which it can be concluded that the name for which protection is considered is generic. |
| --- | --- |

(e)

or if they can give details from which it can be concluded that the name for which protection is considered is generic.

The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The eventual protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.

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(1)  OJ L 297, 16.11.2011, p. 3.

(2)  OJ L 302, 19.11.2011, p. 1.

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

(4)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1).

(5)  Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (OJ L 346, 15.12.2012, p. 3).

(6)  Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, p. 3).

(7)  Council Decision 2007/855/EC of 15 October 2007 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part (OJ L 345, 28.12.2007, p. 1).

(8)  Council Decision 2008/474/EC of 16 June 2008 on the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part – Protocol 6 (OJ L 169, 30.6.2008, p. 10).

(9)  Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement matters between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

(10)  Council Decision 2012/164/EU of 14 February 2012 on the conclusion of the Agreement between the European Union and Georgia on the protection of geographical indications of agricultural products and foodstuffs (OJ L 93, 30.3.2012, p. 1).

(11)  Council Decision 2013/7/EU of 3 December 2012 on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (OJ L 10, 15.1.2013, p. 1).

(12)  Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016).

(13)  Economic Partnership Agreement between the CARIFORUM States, of the one part, and the EU (OJ L 289, 30.10.2008).

(14)  Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014).

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