# Official Journal C 65/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 65 |
| | |
| English edition | Information and Notices | Volume 601 March 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 65

English edition

Information and Notices

Volume 601 March 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 65/01 | Non-opposition to a notified concentration (Case M.8318 — Samsung Electronics/Harman International Industries) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 65/01

Non-opposition to a notified concentration (Case M.8318 — Samsung Electronics/Harman International Industries) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2017/C 65/02 | Council conclusions on the Commission Notice on certain Articles of Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions | 2 |
| | European Commission |
| 2017/C 65/03 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2017/C 65/02

Council conclusions on the Commission Notice on certain Articles of Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions

2

European Commission

2017/C 65/03

Euro exchange rates

4

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 65/04 | Prior notification of a concentration (Case M.8273 — Standard/Braas Monier) (
  1
  ) | 5 |
| 2017/C 65/05 | Prior notification of a concentration (Case M.8383 — AMC/Nordic Cinema Group) — Candidate case for simplified procedure (
  1
  ) | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 65/04

Prior notification of a concentration (Case M.8273 — Standard/Braas Monier) (
  1
  )

1

5

2017/C 65/05

Prior notification of a concentration (Case M.8383 — AMC/Nordic Cinema Group) — Candidate case for simplified procedure (
  1
  )

1

6

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.3.2017 | EN | Official Journal of the European Union | C 65/1 |
| --- | --- | --- | --- |

1.3.2017

EN

Official Journal of the European Union

C 65/1

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Non-opposition to a notified concentration

(Case M.8318 — Samsung Electronics/Harman International Industries)

(Text with EEA relevance)

(2017/C 65/01)

On 23 February 2017, 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 32017M8318. 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 32017M8318. 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

| 1.3.2017 | EN | Official Journal of the European Union | C 65/2 |
| --- | --- | --- | --- |

1.3.2017

EN

Official Journal of the European Union

C 65/2

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Council conclusions on the Commission Notice on certain Articles of Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions

(2017/C 65/02)

THE COUNCIL OF THE EUROPEAN UNION:

| 1. | RECALLING:






  — | that Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (1) sets out principles regarding the patentability of biological material, such as animals or plants; |
| --- | --- | --- |

1.

RECALLING:

—

that Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (1) sets out principles regarding the patentability of biological material, such as animals or plants;

| — | the decisions of the Enlarged Board of Appeal of the European Patent Office (EPO) of 25 March 2015 in Cases G2/12 (on Tomatoes II) and G2/13 (on Broccoli II), which decided that products derived from essentially biological process might be patentable, even if the process used to obtain the product is essentially biological and thus not patentable; |
| --- | --- |

—

the decisions of the Enlarged Board of Appeal of the European Patent Office (EPO) of 25 March 2015 in Cases G2/12 (on Tomatoes II) and G2/13 (on Broccoli II), which decided that products derived from essentially biological process might be patentable, even if the process used to obtain the product is essentially biological and thus not patentable;

| — | the International Convention for the Protection of New Varieties of Plants of 2 December 1961 (the UPOV Convention) and its subsequent amendments; |
| --- | --- |

—

the International Convention for the Protection of New Varieties of Plants of 2 December 1961 (the UPOV Convention) and its subsequent amendments;

| — | its discussions of 13 July and 22 October 2015 and of 29 February, 29 September, 28 November and 12 December 2016; |
| --- | --- |

—

its discussions of 13 July and 22 October 2015 and of 29 February, 29 September, 28 November and 12 December 2016;

| — | the resolution of the European Parliament of 17 December 2015‘on patents and plant breeders’ rights’ (2); |
| --- | --- |

—

the resolution of the European Parliament of 17 December 2015‘on patents and plant breeders’ rights’ (2);

| — | the final report of 17 May 2016 of the expert group on the development and implications of patent law in the field of biotechnology and genetic engineering (3); |
| --- | --- |

—

the final report of 17 May 2016 of the expert group on the development and implications of patent law in the field of biotechnology and genetic engineering (3);

| — | the Presidency symposium of 18 May 2016 on ‘Finding the balance: exploring solutions in the debate surrounding patents and plant breeders’ rights’. |
| --- | --- |

—

the Presidency symposium of 18 May 2016 on ‘Finding the balance: exploring solutions in the debate surrounding patents and plant breeders’ rights’.

| 2. | RECOGNISING that the decisions of the Enlarged Board of Appeal of the EPO of 25 March 2015 on Tomatoes II and Broccoli II are in conflict with the provisions of certain Member States, and that clarity on this matter is necessary. |
| --- | --- |

2.

RECOGNISING that the decisions of the Enlarged Board of Appeal of the EPO of 25 March 2015 on Tomatoes II and Broccoli II are in conflict with the provisions of certain Member States, and that clarity on this matter is necessary.

| 3. | WELCOMES the Commission Notice of 3 November 2016‘on certain articles of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions’ (4), without prejudice to potential future rulings of the Court of Justice of the European Union. The Notice increases clarity in this field within the EU and contributes to restoring an appropriate balance between patent-related rights and plant variety rights. |
| --- | --- |

3.

WELCOMES the Commission Notice of 3 November 2016‘on certain articles of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions’ (4), without prejudice to potential future rulings of the Court of Justice of the European Union. The Notice increases clarity in this field within the EU and contributes to restoring an appropriate balance between patent-related rights and plant variety rights.

| 4. | RECALLS that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products obtained through essentially biological processes. |
| --- | --- |

4.

RECALLS that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products obtained through essentially biological processes.

| 5. | TAKES NOTE of the other issues addressed in the Notice, namely compulsory cross-licensing and access to and deposit of biological material. |
| --- | --- |

5.

TAKES NOTE of the other issues addressed in the Notice, namely compulsory cross-licensing and access to and deposit of biological material.

| 6. | CALLS ON the Commission to:






  a) | further analyse, as regards conditions for compulsory cross-licensing, issues related to significant technical progress of considerable economic value for the plant variety or invention and also further analyse issues related to the scope of protection of patents, as such analyses could be helpful in the development of new varieties based on existing patented genes; |
| --- | --- | --- |

6.

CALLS ON the Commission to:

a)

further analyse, as regards conditions for compulsory cross-licensing, issues related to significant technical progress of considerable economic value for the plant variety or invention and also further analyse issues related to the scope of protection of patents, as such analyses could be helpful in the development of new varieties based on existing patented genes;

| b) | present in 2017, on the basis of Article 16(c) of Directive 98/44/EC, a report on the development and implications of patent law in the field of biotechnology and genetic engineering, so as to address remaining issues identified by the expert group and that may need to be clarified in order to increase certainty in this field. |
| --- | --- |

b)

present in 2017, on the basis of Article 16(c) of Directive 98/44/EC, a report on the development and implications of patent law in the field of biotechnology and genetic engineering, so as to address remaining issues identified by the expert group and that may need to be clarified in order to increase certainty in this field.

| 7. | URGES Member States, in their capacity as members of the European Patent Organisation, to advocate that the practice of the European Patent Organisation is aligned with these conclusions. |
| --- | --- |

7.

URGES Member States, in their capacity as members of the European Patent Organisation, to advocate that the practice of the European Patent Organisation is aligned with these conclusions.

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(1)  OJ L 213, 30.7.1998, p. 13.

(2)  http://www.europarl.europa.eu

(3)  http://ec.europa.eu/DocsRoom/documents/18604/attachments/1/translations/

(4)  OJ C 411, 8.11.2016, p. 3.

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European Commission

| 1.3.2017 | EN | Official Journal of the European Union | C 65/4 |
| --- | --- | --- | --- |

1.3.2017

EN

Official Journal of the European Union

C 65/4

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Euro exchange rates (1)

28 February 2017

(2017/C 65/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0597 |
| JPY | Japanese yen | 118,83 |
| DKK | Danish krone | 7,4332 |
| GBP | Pound sterling | 0,85305 |
| SEK | Swedish krona | 9,5675 |
| CHF | Swiss franc | 1,0648 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,8693 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 308,25 |
| PLN | Polish zloty | 4,3148 |
| RON | Romanian leu | 4,5202 |
| TRY | Turkish lira | 3,8391 |
| AUD | Australian dollar | 1,3807 |
| CAD | Canadian dollar | 1,3984 |
| HKD | Hong Kong dollar | 8,2252 |
| NZD | New Zealand dollar | 1,4707 |
| SGD | Singapore dollar | 1,4831 |
| KRW | South Korean won | 1 194,24 |
| ZAR | South African rand | 13,7910 |
| CNY | Chinese yuan renminbi | 7,2780 |
| HRK | Croatian kuna | 7,4365 |
| IDR | Indonesian rupiah | 14 132,16 |
| MYR | Malaysian ringgit | 4,7051 |
| PHP | Philippine peso | 53,258 |
| RUB | Russian rouble | 61,7550 |
| THB | Thai baht | 36,952 |
| BRL | Brazilian real | 3,2810 |
| MXN | Mexican peso | 21,0800 |
| INR | Indian rupee | 70,6290 |

Currency

Exchange rate

USD

US dollar

1,0597

JPY

Japanese yen

118,83

DKK

Danish krone

7,4332

GBP

Pound sterling

0,85305

SEK

Swedish krona

9,5675

CHF

Swiss franc

1,0648

ISK

Iceland króna

NOK

Norwegian krone

8,8693

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

308,25

PLN

Polish zloty

4,3148

RON

Romanian leu

4,5202

TRY

Turkish lira

3,8391

AUD

Australian dollar

1,3807

CAD

Canadian dollar

1,3984

HKD

Hong Kong dollar

8,2252

NZD

New Zealand dollar

1,4707

SGD

Singapore dollar

1,4831

KRW

South Korean won

1 194,24

ZAR

South African rand

13,7910

CNY

Chinese yuan renminbi

7,2780

HRK

Croatian kuna

7,4365

IDR

Indonesian rupiah

14 132,16

MYR

Malaysian ringgit

4,7051

PHP

Philippine peso

53,258

RUB

Russian rouble

61,7550

THB

Thai baht

36,952

BRL

Brazilian real

3,2810

MXN

Mexican peso

21,0800

INR

Indian rupee

70,6290

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 1.3.2017 | EN | Official Journal of the European Union | C 65/5 |
| --- | --- | --- | --- |

1.3.2017

EN

Official Journal of the European Union

C 65/5

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Prior notification of a concentration

(Case M.8273 — Standard/Braas Monier)

(Text with EEA relevance)

(2017/C 65/04)

| 1. | On 20 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Standard Industries Inc. (‘Standard’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the Braas Monier Building Group SA (‘Braas Monier’, Luxembourg) by way of a public bid. |
| --- | --- |

1.

On 20 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Standard Industries Inc. (‘Standard’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the Braas Monier Building Group SA (‘Braas Monier’, Luxembourg) by way of a public bid.

| 2. | The business activities of the undertakings concerned are:
  —   for Standard: manufacture and distribution of commercial and residential roofing products and certain other construction products worldwide. In Europe Standard is mostly active through its subsidiary, Icopal Holding A/S which is primarily focussed on the manufacture and sale of flat roofing products.
  —   for Braas Monier: manufacture and supply of pitched roof products, roof tiles and roofing components in 29 countries worldwide, mainly in Europe, Asia and South Africa. Braas Monier also manufactures chimneys and energy systems. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Standard: manufacture and distribution of commercial and residential roofing products and certain other construction products worldwide. In Europe Standard is mostly active through its subsidiary, Icopal Holding A/S which is primarily focussed on the manufacture and sale of flat roofing products.

—   for Braas Monier: manufacture and supply of pitched roof products, roof tiles and roofing components in 29 countries worldwide, mainly in Europe, Asia and South Africa. Braas Monier also manufactures chimneys and energy systems.

| 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. |
| --- | --- |

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. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8273 — Standard/Braas Monier, 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 their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8273 — Standard/Braas Monier, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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| 1.3.2017 | EN | Official Journal of the European Union | C 65/6 |
| --- | --- | --- | --- |

1.3.2017

EN

Official Journal of the European Union

C 65/6

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Prior notification of a concentration

(Case M.8383 — AMC/Nordic Cinema Group)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 65/05)

| 1. | On 22 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AMC Entertainment Holdings, Inc. (‘AMC’, United States), belonging to the Dalian Wanda Group (China), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Nordic Cinema Group Holding AB (‘NCG’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 22 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AMC Entertainment Holdings, Inc. (‘AMC’, United States), belonging to the Dalian Wanda Group (China), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Nordic Cinema Group Holding AB (‘NCG’, Sweden) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for AMC: provision of cinema exhibition services in the United States and parts of Europe; the Dalian Wanda Group is engaged in three principal business activities — commercial properties, culture and finance and also provides cinema exhibition services in Australia and in China, and film production and distribution services in China,
  —   for NCG: operation of cinemas in Sweden, Finland, Norway, Estonia, Latvia and Lithuania and provision of film distribution and cinema screen advertising. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for AMC: provision of cinema exhibition services in the United States and parts of Europe; the Dalian Wanda Group is engaged in three principal business activities — commercial properties, culture and finance and also provides cinema exhibition services in Australia and in China, and film production and distribution services in China,

—   for NCG: operation of cinemas in Sweden, Finland, Norway, Estonia, Latvia and Lithuania and provision of film distribution and cinema screen advertising.

| 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 their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8383 — AMC/Nordic Cinema Group, 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 their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8383 — AMC/Nordic Cinema Group, 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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