# Official Journal C 378/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 378 |
| | |
| English edition | Information and Notices | Volume 5914 October 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 378

English edition

Information and Notices

Volume 5914 October 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2016/C 378/01 | Council Decision of 11 October 2016 adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2016 | 1 |
| | European Commission |
| 2016/C 378/02 | Euro exchange rates | 2 |
| 2016/C 378/03 | Summary of Commission Decision of 20 July 2016 addressed to Markit Limited, Markit Group Holdings Limited, Markit Indices Limited, Markit North America, Inc. and Markit Group Limited (Markit) relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39745 — CDS Information Market) (notified under document C(2016) 4585) | 3 |
| 2016/C 378/04 | Final report of the Hearing Officer — CDS Information Market — Markit (Case AT.39745) | 5 |
| 2016/C 378/05 | Summary of Commission Decision of 20 July 2016 addressed to the International Swaps and Derivatives Association, Inc. relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EE Agreement (Case AT.39745 — CDS Information Market) (notified under document C(2016) 4583) | 7 |
| 2016/C 378/06 | Final Report of the Hearing Officer — CDS Information Market — ISDA (Case AT.39745) | 9 |
| 2016/C 378/07 | Opinion of the Advisory Committee on restrictive practices and dominant positions concerning two draft decisions in Case AT.39745 — CDS Information Market — Rapporteur: Cyprus | 11 |
| 2016/C 378/08 | Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011)
   (
  1
  ) | 12 |
| | European Data Protection Supervisor |
| 2016/C 378/09 | Executive Summary of the preliminary Opinion of the European Data Protection Supervisor on the review of the ePrivacy Directive (2002/58/EC) | 16 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2016/C 378/01

Council Decision of 11 October 2016 adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2016

1

European Commission

2016/C 378/02

Euro exchange rates

2

2016/C 378/03

Summary of Commission Decision of 20 July 2016 addressed to Markit Limited, Markit Group Holdings Limited, Markit Indices Limited, Markit North America, Inc. and Markit Group Limited (Markit) relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39745 — CDS Information Market) (notified under document C(2016) 4585)

(notified under document C(2016) 4585)

3

2016/C 378/04

Final report of the Hearing Officer — CDS Information Market — Markit (Case AT.39745)

5

2016/C 378/05

Summary of Commission Decision of 20 July 2016 addressed to the International Swaps and Derivatives Association, Inc. relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EE Agreement (Case AT.39745 — CDS Information Market) (notified under document C(2016) 4583)

(notified under document C(2016) 4583)

7

2016/C 378/06

Final Report of the Hearing Officer — CDS Information Market — ISDA (Case AT.39745)

9

2016/C 378/07

Opinion of the Advisory Committee on restrictive practices and dominant positions concerning two draft decisions in Case AT.39745 — CDS Information Market — Rapporteur: Cyprus

11

2016/C 378/08

Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011)
   (
  1
  )

(Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011)

1

12

European Data Protection Supervisor

2016/C 378/09

Executive Summary of the preliminary Opinion of the European Data Protection Supervisor on the review of the ePrivacy Directive (2002/58/EC)

16

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2016/C 378/10 | Call for proposals — EACEA/37/2016 — Erasmus+ programme, Key Action 3 — Support for Policy Reform — Civil Society Cooperation in the field of Youth | 18 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 378/11 | Prior notification of a concentration (Case M.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc.) — Candidate case for simplified procedure (
  1
  ) | 22 |
| 2016/C 378/12 | Prior notification of a concentration (Case M.8208 — CPPIB/Glencore/Glencore Agri) — Candidate case for simplified procedure (
  1
  ) | 23 |
| 2016/C 378/13 | Prior notification of a concentration (Case M.8146 — Carlyle/Schön Klinik) (
  1
  ) | 24 |
| | OTHER ACTS |
| | European Commission |
| 2016/C 378/14 | Information notice — Public consultation — Geographical indications from Colombia and Chile | 25 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2016/C 378/10

Call for proposals — EACEA/37/2016 — Erasmus+ programme, Key Action 3 — Support for Policy Reform — Civil Society Cooperation in the field of Youth

18

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 378/11

Prior notification of a concentration (Case M.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc.) — Candidate case for simplified procedure (
  1
  )

1

22

2016/C 378/12

Prior notification of a concentration (Case M.8208 — CPPIB/Glencore/Glencore Agri) — Candidate case for simplified procedure (
  1
  )

1

23

2016/C 378/13

Prior notification of a concentration (Case M.8146 — Carlyle/Schön Klinik) (
  1
  )

1

24

OTHER ACTS

European Commission

2016/C 378/14

Information notice — Public consultation — Geographical indications from Colombia and Chile

25

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

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(1)   Text with EEA relevance

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 14.10.2016 | EN | Official Journal of the European Union | C 378/1 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/1

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COUNCIL DECISION

of 11 October 2016

adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2016

(2016/C 378/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:

| — | the Union’s budget for the financial year 2016 was definitively adopted on 25 November 2015 (2) |
| --- | --- |

—

the Union’s budget for the financial year 2016 was definitively adopted on 25 November 2015 (2)

| — | on 30 June 2016, the Commission submitted a proposal containing draft amending budget No 3 to the general budget for the financial year 2016, |
| --- | --- |

—

on 30 June 2016, the Commission submitted a proposal containing draft amending budget No 3 to the general budget for the financial year 2016,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council’s position on draft amending budget No 3 of the European Union for the financial year 2016 was adopted on 11 October 2016.

The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu

Done at Luxembourg, 11 October 2016.

For the Council

The President

P. KAŽIMÍR

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(1)  OJ L 298, 26.10.2012, p. 1.

1

(2)  OJ L 48, 24.2.2016, p. 1.

2

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European Commission

| 14.10.2016 | EN | Official Journal of the European Union | C 378/2 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/2

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Euro exchange rates (1)

13 October 2016

(2016/C 378/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1038 |
| JPY | Japanese yen | 114,49 |
| DKK | Danish krone | 7,4395 |
| GBP | Pound sterling | 0,90430 |
| SEK | Swedish krona | 9,7365 |
| CHF | Swiss franc | 1,0904 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0768 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 306,48 |
| PLN | Polish zloty | 4,3020 |
| RON | Romanian leu | 4,5030 |
| TRY | Turkish lira | 3,4196 |
| AUD | Australian dollar | 1,4604 |
| CAD | Canadian dollar | 1,4620 |
| HKD | Hong Kong dollar | 8,5637 |
| NZD | New Zealand dollar | 1,5623 |
| SGD | Singapore dollar | 1,5275 |
| KRW | South Korean won | 1 251,86 |
| ZAR | South African rand | 15,7803 |
| CNY | Chinese yuan renminbi | 7,4261 |
| HRK | Croatian kuna | 7,5120 |
| IDR | Indonesian rupiah | 14 434,94 |
| MYR | Malaysian ringgit | 4,6490 |
| PHP | Philippine peso | 53,439 |
| RUB | Russian rouble | 69,8060 |
| THB | Thai baht | 39,273 |
| BRL | Brazilian real | 3,5337 |
| MXN | Mexican peso | 20,9532 |
| INR | Indian rupee | 73,8375 |

Currency

Exchange rate

USD

US dollar

1,1038

JPY

Japanese yen

114,49

DKK

Danish krone

7,4395

GBP

Pound sterling

0,90430

SEK

Swedish krona

9,7365

CHF

Swiss franc

1,0904

ISK

Iceland króna

NOK

Norwegian krone

9,0768

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

306,48

PLN

Polish zloty

4,3020

RON

Romanian leu

4,5030

TRY

Turkish lira

3,4196

AUD

Australian dollar

1,4604

CAD

Canadian dollar

1,4620

HKD

Hong Kong dollar

8,5637

NZD

New Zealand dollar

1,5623

SGD

Singapore dollar

1,5275

KRW

South Korean won

1 251,86

ZAR

South African rand

15,7803

CNY

Chinese yuan renminbi

7,4261

HRK

Croatian kuna

7,5120

IDR

Indonesian rupiah

14 434,94

MYR

Malaysian ringgit

4,6490

PHP

Philippine peso

53,439

RUB

Russian rouble

69,8060

THB

Thai baht

39,273

BRL

Brazilian real

3,5337

MXN

Mexican peso

20,9532

INR

Indian rupee

73,8375

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

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| 14.10.2016 | EN | Official Journal of the European Union | C 378/3 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/3

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Summary of Commission Decision

of 20 July 2016

addressed to Markit Limited, Markit Group Holdings Limited, Markit Indices Limited, Markit North America, Inc. and Markit Group Limited (‘Markit’) relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement

(Case AT.39745 — CDS Information Market)

(notified under document C(2016) 4585)

(Only the English text is authentic)

(2016/C 378/03)

On 20 July 2016, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1)
  , the Commission herewith publishes the names of the parties and the main content of the decision having regard to the legitimate interest of undertakings in the protection of their business secrets.

| 1. | The case concerns the market for exchange trading of unfunded credit derivatives, in particular of credit default swaps (CDS) and decisions taken by Markit (2) as an association of undertakings in relation to the licensing of the CDX and iTraxx indices (‘indices’) for trading credit default swaps on exchanges. |
| --- | --- |

1.

The case concerns the market for exchange trading of unfunded credit derivatives, in particular of credit default swaps (CDS) and decisions taken by Markit (2) as an association of undertakings in relation to the licensing of the CDX and iTraxx indices (‘indices’) for trading credit default swaps on exchanges.

1.   PRELIMINARY COMPETITION CONCERNS

| 2. | In its Statement of Objections of 1 July 2013 (the ‘Statement of Objections’) addressed to the International Swaps and Derivatives Association (‘ISDA’), Markit and 13 investment banks (‘dealers’), the Commission came to the provisional conclusion that an agreement/concerted practice entered into by the dealers, together with the implementing decisions of the associations of undertakings Markit and ISDA, constituted a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. The Commission reached the preliminary conclusion that this conduct may have had as its object and effect to foreclose exchanges from the market for exchange-traded unfunded credit derivatives from 2006 to 2009 and, thereby, to prevent or delay the emergence of that new market. The Statement of Objections qualified the decision of Markit as association of undertakings to deny index licences to CMDX (3) for the purposes of exchange trading or trading on any platform which uses a central limit order book as infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. In December 2015 the Commission closed proceedings against the dealers but continued the investigation of ISDA and Markit. |
| --- | --- |

2.

In its Statement of Objections of 1 July 2013 (the ‘Statement of Objections’) addressed to the International Swaps and Derivatives Association (‘ISDA’), Markit and 13 investment banks (‘dealers’), the Commission came to the provisional conclusion that an agreement/concerted practice entered into by the dealers, together with the implementing decisions of the associations of undertakings Markit and ISDA, constituted a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. The Commission reached the preliminary conclusion that this conduct may have had as its object and effect to foreclose exchanges from the market for exchange-traded unfunded credit derivatives from 2006 to 2009 and, thereby, to prevent or delay the emergence of that new market. The Statement of Objections qualified the decision of Markit as association of undertakings to deny index licences to CMDX (3) for the purposes of exchange trading or trading on any platform which uses a central limit order book as infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. In December 2015 the Commission closed proceedings against the dealers but continued the investigation of ISDA and Markit.

| 3. | According to the Statement of Objections, the restrictions may have had as their object and effect an appreciable restriction of competition to the detriment of investors and indirectly their customers, who remained constrained to over-the-counter (‘OTC’) trading. On OTC markets, derivative contracts are negotiated privately and bilaterally without public price or volume reporting of individual transactions. Contracts are intermediated by dealers who profit from the difference between buy and sell price (‘bid-ask spread’). Over time, regularly traded OTC-traded derivatives become standardised and investors become interested in trading such derivatives on exchanges. Exchange trading increases liquidity, reduces trading cost due to competitive pressure on bid-ask spreads, and reduces risks as clearing houses guarantee the performance of contracts in case of buyer or seller default. |
| --- | --- |

3.

According to the Statement of Objections, the restrictions may have had as their object and effect an appreciable restriction of competition to the detriment of investors and indirectly their customers, who remained constrained to over-the-counter (‘OTC’) trading. On OTC markets, derivative contracts are negotiated privately and bilaterally without public price or volume reporting of individual transactions. Contracts are intermediated by dealers who profit from the difference between buy and sell price (‘bid-ask spread’). Over time, regularly traded OTC-traded derivatives become standardised and investors become interested in trading such derivatives on exchanges. Exchange trading increases liquidity, reduces trading cost due to competitive pressure on bid-ask spreads, and reduces risks as clearing houses guarantee the performance of contracts in case of buyer or seller default.

| 4. | CDS are financial contracts where a purchaser pays a periodic fee to a seller, in return for a contingent payment in case of default of the corporate or sovereign debtor of a debt obligation specified in the contract. CDS contracts are commonly used for hedging against the risk of decreasing value of the debt instruments due to the debt issuer’s default or declining credit quality, and for investing, expressing a view on the future change in the debt issuer’s credit quality. CDS indices transfer credit risk more efficiently than single CDS, but when indices are traded OTC they share the latter’s characteristics. Indices are standardised contracts and reference a fixed number of debtors with shared characteristics which are changed (‘rolled’) regularly. Markit is the owner of the two most widely used CDS benchmark index families, iTraxx and CDX. Markit also administers a website governing CDS auctions, where the use of ISDA’s ‘Final Price’ (4) is subject to a mandatory Use Agreement that explicitly prohibits the use of the Final Price for exchange trading. |
| --- | --- |

4.

CDS are financial contracts where a purchaser pays a periodic fee to a seller, in return for a contingent payment in case of default of the corporate or sovereign debtor of a debt obligation specified in the contract. CDS contracts are commonly used for hedging against the risk of decreasing value of the debt instruments due to the debt issuer’s default or declining credit quality, and for investing, expressing a view on the future change in the debt issuer’s credit quality. CDS indices transfer credit risk more efficiently than single CDS, but when indices are traded OTC they share the latter’s characteristics. Indices are standardised contracts and reference a fixed number of debtors with shared characteristics which are changed (‘rolled’) regularly. Markit is the owner of the two most widely used CDS benchmark index families, iTraxx and CDX. Markit also administers a website governing CDS auctions, where the use of ISDA’s ‘Final Price’ (4) is subject to a mandatory Use Agreement that explicitly prohibits the use of the Final Price for exchange trading.

| 5. | The Statement of Objections reached the preliminary conclusion that following instructions from the CDS dealers in Markit’s advisory committees, Markit refused to grant a licence to CMDX for exchange trading or for trading on any platform which uses a central limit order book and limited the licence to trades materially similar to OTC trades. According to the Statement of Objections, no real, concrete alternatives to the requested indices were available to kick-start exchange trading of credit derivatives in a viable manner, as liquidity remains highly concentrated in the two CDX and iTraxx index families. |
| --- | --- |

5.

The Statement of Objections reached the preliminary conclusion that following instructions from the CDS dealers in Markit’s advisory committees, Markit refused to grant a licence to CMDX for exchange trading or for trading on any platform which uses a central limit order book and limited the licence to trades materially similar to OTC trades. According to the Statement of Objections, no real, concrete alternatives to the requested indices were available to kick-start exchange trading of credit derivatives in a viable manner, as liquidity remains highly concentrated in the two CDX and iTraxx index families.

2.   COMMITMENT DECISION

| 6. | On 21 April 2016 Markit offered commitments under Article 9(1) of Regulation (EC) No 1/2003 to address the Commission’s preliminary competition concerns. |
| --- | --- |

6.

On 21 April 2016 Markit offered commitments under Article 9(1) of Regulation (EC) No 1/2003 to address the Commission’s preliminary competition concerns.

| 7. | On 29 April 2016 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the proposed commitments and inviting interested third parties to give their observations on the commitments within one month following publication. On 2 June 2016 the Commission informed Markit of the observations received from interested third parties following the publication of the notice. On 6 June 2016 Markit submitted an amended proposal for commitments (‘the Amended Commitments’). |
| --- | --- |

7.

On 29 April 2016 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the proposed commitments and inviting interested third parties to give their observations on the commitments within one month following publication. On 2 June 2016 the Commission informed Markit of the observations received from interested third parties following the publication of the notice. On 6 June 2016 Markit submitted an amended proposal for commitments (‘the Amended Commitments’).

| 8. | By decision of 20 July 2016, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the Amended Commitments binding on Markit. Their main content is as outlined below.






  a. | Markit commits to licence the iTraxx and CDX indices for creating new exchange-traded financial products or trading such products on trading venues on fair, reasonable and non-discriminatory (‘FRAND’) terms and conditions. At the request of licensees, restrictions to exchange trading in existing licences will be removed. |
| --- | --- | --- |

8.

By decision of 20 July 2016, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the Amended Commitments binding on Markit. Their main content is as outlined below.

a.

Markit commits to licence the iTraxx and CDX indices for creating new exchange-traded financial products or trading such products on trading venues on fair, reasonable and non-discriminatory (‘FRAND’) terms and conditions. At the request of licensees, restrictions to exchange trading in existing licences will be removed.

| b. | Markit shall appoint a Monitoring Trustee to monitor Markit’s compliance with the commitments. Before appointment, the Commission shall have the power to approve or reject the proposed Trustee. |
| --- | --- |

b.

Markit shall appoint a Monitoring Trustee to monitor Markit’s compliance with the commitments. Before appointment, the Commission shall have the power to approve or reject the proposed Trustee.

| c. | FRAND terms and conditions will be determined by third party arbitration or, if arbitration fails, by court. With regard to other disputes, in particular on intended refusals to licence, the independent Monitoring Trustee will report to the Commission. |
| --- | --- |

c.

FRAND terms and conditions will be determined by third party arbitration or, if arbitration fails, by court. With regard to other disputes, in particular on intended refusals to licence, the independent Monitoring Trustee will report to the Commission.

| d. | In order to exclude CDS dealers from Markit’s licensing decisions, the CDS Index Advisory Committees must not discuss licensing decisions and terms of licences, commercial aspects, the merits of new exchange traded products or the merits of new exchanges or similar platforms relating to the CDX or iTraxx indices. Meetings must be minuted and audio-recorded. Committee membership will rotate and only 10 of 25 members will be large dealers. |
| --- | --- |

d.

In order to exclude CDS dealers from Markit’s licensing decisions, the CDS Index Advisory Committees must not discuss licensing decisions and terms of licences, commercial aspects, the merits of new exchange traded products or the merits of new exchanges or similar platforms relating to the CDX or iTraxx indices. Meetings must be minuted and audio-recorded. Committee membership will rotate and only 10 of 25 members will be large dealers.

| e. | Markit will further remove any clause that excludes the use of the Final Price for exchange trading from the Use Agreement on the www.creditfixings.com website. Where ISDA has granted a Final Price licence for use in an exchange-traded product, Markit will not require a further licence or charge royalties or other fees. |
| --- | --- |

e.

Markit will further remove any clause that excludes the use of the Final Price for exchange trading from the Use Agreement on the www.creditfixings.com website. Where ISDA has granted a Final Price licence for use in an exchange-traded product, Markit will not require a further licence or charge royalties or other fees.

| 9. | The commitments will be valid for a period of 10 years from the date of notification of the commitment decision to Markit. |
| --- | --- |

9.

The commitments will be valid for a period of 10 years from the date of notification of the commitment decision to Markit.

| 10. | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the adoption of the decision in June 2016. On 7 July 2016 the Hearing Officer issued his final report. |
| --- | --- |

10.

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the adoption of the decision in June 2016. On 7 July 2016 the Hearing Officer issued his final report.

| 11. | The decision brought the proceedings to an end as regards Markit’s refusals to licence the indices. |
| --- | --- |

11.

The decision brought the proceedings to an end as regards Markit’s refusals to licence the indices.

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(1)  OJ L 1, 4.1.2003, p. 1.

(2)  Since closure of a merger on 13 July 2016: ‘IHS Markit’.

(3)  CMDX was a joint venture between Chicago Mercantile Exchange and Citadel, a hedge fund. According to the SO, in 2008, CMDX attempted to launch a CDS clearing and exchange trading platform. The joint venture was dissolved in July 2009.

(4)  The Final Price results from ISDA-sponsored CDS auctions and determines the value of defaulted bonds. It has become a de facto industry standard.

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| 14.10.2016 | EN | Official Journal of the European Union | C 378/5 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/5

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Final report of the Hearing Officer (1)

CDS Information Market — Markit

(Case AT.39745)

(2016/C 378/04)

Introduction

| 1. | The draft decision under Article 9(1) of Council Regulation (EC) No 1/2003 (2) is addressed to Markit Limited, Markit Group Holdings Limited, Markit Indices Limited, Markit North America, Inc. and Markit Group Limited (‘Markit’) and relates to part of the proceedings in Case AT.39745 — CDS Information Market. |
| --- | --- |

1.

The draft decision under Article 9(1) of Council Regulation (EC) No 1/2003 (2) is addressed to Markit Limited, Markit Group Holdings Limited, Markit Indices Limited, Markit North America, Inc. and Markit Group Limited (‘Markit’) and relates to part of the proceedings in Case AT.39745 — CDS Information Market.

| 2. | This case concerned allegations of anti-competitive behaviour involving 13 investment banks (‘dealers’), the International Swaps and Derivatives Association, Inc. (‘ISDA’) and Markit, a financial data vendor, to boycott entry attempts into the market for exchange-traded unfunded credit derivatives, in particular credit default swaps (‘CDS’), during the period 2006-2009 and thereby to delay and prevent the emergence of this new market. |
| --- | --- |

2.

This case concerned allegations of anti-competitive behaviour involving 13 investment banks (‘dealers’), the International Swaps and Derivatives Association, Inc. (‘ISDA’) and Markit, a financial data vendor, to boycott entry attempts into the market for exchange-traded unfunded credit derivatives, in particular credit default swaps (‘CDS’), during the period 2006-2009 and thereby to delay and prevent the emergence of this new market.

| 3. | The Commission started the investigation ex officio and on 20 April 2011, it initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against a number of dealers and Markit. After sending requests for information in July 2011, the Commission conducted an announced inspection at the premises of Markit in September 2011, and data rooms at the premises of certain dealers, ISDA and Citadel (3) in 2012, to search certain documents they had submitted to the Department of Justice (of the United States) in a parallel investigation. On 26 March 2013, the Commission extended the proceedings to ISDA. |
| --- | --- |

3.

The Commission started the investigation ex officio and on 20 April 2011, it initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against a number of dealers and Markit. After sending requests for information in July 2011, the Commission conducted an announced inspection at the premises of Markit in September 2011, and data rooms at the premises of certain dealers, ISDA and Citadel (3) in 2012, to search certain documents they had submitted to the Department of Justice (of the United States) in a parallel investigation. On 26 March 2013, the Commission extended the proceedings to ISDA.

| 4. | On 1 July 2013, the Commission adopted a Statement of Objections (‘SO’) addressed to the dealers, ISDA and Markit (together the ‘addressees’). The SO raised preliminary concerns that the addressees had coordinated to foreclose exchanges (Eurex (4) and CMDX (5)) from the market for exchange-traded unfunded credit derivatives (in particular CDS). More specifically, the SO alleged that Markit denied index licences to CMDX from October 2008 to January 2009 and for tradable fixings to Eurex in February 2006 and qualified these denials as decisions of an association of undertakings which restricted potential competition within the meaning of Article 101 TFEU. |
| --- | --- |

4.

On 1 July 2013, the Commission adopted a Statement of Objections (‘SO’) addressed to the dealers, ISDA and Markit (together the ‘addressees’). The SO raised preliminary concerns that the addressees had coordinated to foreclose exchanges (Eurex (4) and CMDX (5)) from the market for exchange-traded unfunded credit derivatives (in particular CDS). More specifically, the SO alleged that Markit denied index licences to CMDX from October 2008 to January 2009 and for tradable fixings to Eurex in February 2006 and qualified these denials as decisions of an association of undertakings which restricted potential competition within the meaning of Article 101 TFEU.

Access to file

| 5. | On 9 July 2013, Markit was granted access to the file via an access-to-file DVD (6). |
| --- | --- |

5.

On 9 July 2013, Markit was granted access to the file via an access-to-file DVD (6).

| 6. | On 30 August 2013, the external advisers of Markit received access to certain CDS market share data, subject to a confidentiality agreement, in a data room at the Commission's premises. Subsequent to the data room, the external advisers of Markit prepared a report for Markit containing non-confidential summaries and analyses of the data reviewed. |
| --- | --- |

6.

On 30 August 2013, the external advisers of Markit received access to certain CDS market share data, subject to a confidentiality agreement, in a data room at the Commission's premises. Subsequent to the data room, the external advisers of Markit prepared a report for Markit containing non-confidential summaries and analyses of the data reviewed.

| 7. | On 10 December 2013, the external advisers of Markit were provided with a DVD containing the confidential versions of documents originating from addressees, via a negotiated disclosure procedure subject to non-disclosure agreements. The external counsel was allowed to include confidential information contained in the documents reviewed in (a confidential version of) the reply to the SO. |
| --- | --- |

7.

On 10 December 2013, the external advisers of Markit were provided with a DVD containing the confidential versions of documents originating from addressees, via a negotiated disclosure procedure subject to non-disclosure agreements. The external counsel was allowed to include confidential information contained in the documents reviewed in (a confidential version of) the reply to the SO.

| 8. | On 17 December 2013, DG Competition also provided revised non-confidential versions of documents originating from third parties to Markit, in response to requests for further access to the file. Due to objections of one third party, access to some of these documents was provided in accordance with a decision I had to take pursuant to Article 8(2) of Decision 2011/695/EU. |
| --- | --- |

8.

On 17 December 2013, DG Competition also provided revised non-confidential versions of documents originating from third parties to Markit, in response to requests for further access to the file. Due to objections of one third party, access to some of these documents was provided in accordance with a decision I had to take pursuant to Article 8(2) of Decision 2011/695/EU.

Deadline to respond to the SO

| 9. | Markit replied to parts of the SO in January 2014, after DG Competition and I had extended the initial period of eight weeks in which a reply had to be submitted on grounds related to access to the file. |
| --- | --- |

9.

Markit replied to parts of the SO in January 2014, after DG Competition and I had extended the initial period of eight weeks in which a reply had to be submitted on grounds related to access to the file.

Access to other addressees' replies to the SO

| 10. | Markit requested access to the other addressees' replies to the SO, claiming that such access was necessary for the proper exercise of its right to be heard. In April 2014, DG Competition granted access to the non-confidential versions of the documents annexed to the replies of the other addressees and a list of documents cited in these replies but not annexed to them. I rejected a further request by Markit for access to the full text of the replies. I considered that exculpatory evidence was most likely to be found in documents annexed or referred to in the replies and that I did not have indications at that stage that there remained other evidence in the replies which ought to be disclosed in accordance with the relevant case-law. I also took the view that it would, in principle, be possible to understand the documents disclosed and their possible exculpatory value without access to the bodies of the replies. Markit submitted a supplement to its reply to the SO after the oral hearing, following receipt of the abovementioned documents, in June 2014. |
| --- | --- |

10.

Markit requested access to the other addressees' replies to the SO, claiming that such access was necessary for the proper exercise of its right to be heard. In April 2014, DG Competition granted access to the non-confidential versions of the documents annexed to the replies of the other addressees and a list of documents cited in these replies but not annexed to them. I rejected a further request by Markit for access to the full text of the replies. I considered that exculpatory evidence was most likely to be found in documents annexed or referred to in the replies and that I did not have indications at that stage that there remained other evidence in the replies which ought to be disclosed in accordance with the relevant case-law. I also took the view that it would, in principle, be possible to understand the documents disclosed and their possible exculpatory value without access to the bodies of the replies. Markit submitted a supplement to its reply to the SO after the oral hearing, following receipt of the abovementioned documents, in June 2014.

Oral Hearing

| 11. | The oral hearing lasted six working days (12 to 19 May 2014). All the addressees participated. In particular, Markit was heard on 12 May 2014. |
| --- | --- |

11.

The oral hearing lasted six working days (12 to 19 May 2014). All the addressees participated. In particular, Markit was heard on 12 May 2014.

| 12. | On 4 December 2015 the Commission decided to close the investigation in respect of the dealers, based on a thorough analysis of all information received from the addressees in their replies and during the oral hearing of May 2014, as well as on documents obtained through additional fact finding. The evidence was not sufficiently conclusive to confirm the Commission's concerns with regard to the dealers. This closure did not prejudge the outcome of the Commission's investigation regarding Markit and ISDA. |
| --- | --- |

12.

On 4 December 2015 the Commission decided to close the investigation in respect of the dealers, based on a thorough analysis of all information received from the addressees in their replies and during the oral hearing of May 2014, as well as on documents obtained through additional fact finding. The evidence was not sufficiently conclusive to confirm the Commission's concerns with regard to the dealers. This closure did not prejudge the outcome of the Commission's investigation regarding Markit and ISDA.

Commitments

| 13. | On 21 April 2016, Markit proposed commitments in order to meet the Commission's concerns. On 29 April 2016, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No 1/2003 (7) and received observations from two interested third parties. These observations did not identify new competition concerns. On 6 June 2016 Markit submitted a slightly amended proposal for commitments. |
| --- | --- |

13.

On 21 April 2016, Markit proposed commitments in order to meet the Commission's concerns. On 29 April 2016, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No 1/2003 (7) and received observations from two interested third parties. These observations did not identify new competition concerns. On 6 June 2016 Markit submitted a slightly amended proposal for commitments.

| 14. | The draft Commission decision makes the commitments offered binding upon Markit for 10 years and concludes that in light of these, there are no longer grounds for action on its part and thus the proceedings should be brought to an end. |
| --- | --- |

14.

The draft Commission decision makes the commitments offered binding upon Markit for 10 years and concludes that in light of these, there are no longer grounds for action on its part and thus the proceedings should be brought to an end.

| 15. | I have not received any request or complaint from any party to the proceedings with respect to the proposed commitments (8). |
| --- | --- |

15.

I have not received any request or complaint from any party to the proceedings with respect to the proposed commitments (8).

| 16. | In the light of all the above, I consider that the effective exercise of the procedural rights of Markit has been respected. |
| --- | --- |

16.

In the light of all the above, I consider that the effective exercise of the procedural rights of Markit has been respected.

Brussels, 7 July 2016.

Joos STRAGIER

---

(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’). The Hearing Officer originally responsible for this case was Mr Wouter Wils. Following my appointment as Hearing Officer as of 16 October 2013, I assumed responsibility for the case.

1

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) (‘Regulation (EC) No 1/2003’).

2

(3)  Or in other locations as agreed with the undertakings.

3

(4)  Eurex is the derivatives exchange arm of Deutsche Börse. In 2007, Eurex launched, yet without success, exchange-traded credit futures written on the iTraxx CDS index.

4

(5)  CMDX was a joint venture between Chicago Mercantile Exchange (‘CME’) and Citadel, a hedge fund. According to the SO, in 2008, CMDX attempted to launch a clearing and exchange trading platform for CDS. Eventually the joint venture was dissolved in July 2009, and CME launched on its own a clearing only platform in December 2009.

5

(6)  On 31 July 2013, the access-to-file DVD was replaced by a new one due to technical deficiencies.

6

(7)  Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.39745 — CDS Information Market — Markit (OJ C 153, 29.4.2016, p. 10).

7

(8)  According to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the hearing officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.

8

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| 14.10.2016 | EN | Official Journal of the European Union | C 378/7 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/7

---

Summary of Commission Decision

of 20 July 2016

addressed to the International Swaps and Derivatives Association, Inc. relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EE Agreement

(Case AT.39745 — CDS Information Market)

(notified under document C(2016) 4583)

(Only the English text is authentic)

(2016/C 378/05)

On 20 July 2016, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1)
  , the Commission herewith publishes the names of the parties and the main content of the decision having regard to the legitimate interest of undertakings in the protection of their business secrets.

| (1) | The case concerns the market for exchange trading of unfunded credit derivatives, in particular of credit default swaps (CDS) and decisions taken by the International Swaps and Derivatives Association (‘ISDA’) as an association of undertakings in relation to the licensing of the ‘Final Price’ for CDS trading on exchanges. |
| --- | --- |

(1)

The case concerns the market for exchange trading of unfunded credit derivatives, in particular of credit default swaps (CDS) and decisions taken by the International Swaps and Derivatives Association (‘ISDA’) as an association of undertakings in relation to the licensing of the ‘Final Price’ for CDS trading on exchanges.

1.   PRELIMINARY COMPETITION CONCERNS

| (2) | In its Statement of Objections of 1 July 2013 (the ‘Statement of Objections’) addressed to ISDA, Markit (2) and 13 investment banks (‘dealers’), the Commission came to the provisional conclusion that an agreement/concerted practice entered into by the dealers, together with the implementing decisions of the associations of undertakings Markit and ISDA, constituted a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. The Commission reached the preliminary conclusion that this conduct may have had as its object and effect to foreclose exchanges from the market for exchange-traded unfunded credit derivatives from 2006 to 2009 and, thereby, to prevent or delay the emergence of that new market. The Statement of Objections qualified the decisions of ISDA to deny Final Price licences to Eurex (3) and CMDX (4) and by excluding such licences for any futures or exchange-traded product or transaction as infringements of Article 101 of the Treaty and Article 53 of the EEA Agreement. In December 2015 the Commission closed proceedings against the dealers, but continued the investigation of ISDA and Markit. |
| --- | --- |

(2)

In its Statement of Objections of 1 July 2013 (the ‘Statement of Objections’) addressed to ISDA, Markit (2) and 13 investment banks (‘dealers’), the Commission came to the provisional conclusion that an agreement/concerted practice entered into by the dealers, together with the implementing decisions of the associations of undertakings Markit and ISDA, constituted a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement. The Commission reached the preliminary conclusion that this conduct may have had as its object and effect to foreclose exchanges from the market for exchange-traded unfunded credit derivatives from 2006 to 2009 and, thereby, to prevent or delay the emergence of that new market. The Statement of Objections qualified the decisions of ISDA to deny Final Price licences to Eurex (3) and CMDX (4) and by excluding such licences for any futures or exchange-traded product or transaction as infringements of Article 101 of the Treaty and Article 53 of the EEA Agreement. In December 2015 the Commission closed proceedings against the dealers, but continued the investigation of ISDA and Markit.

| (3) | According to the Statement of Objections, the restrictions may have had as their object and effect an appreciable restriction of competition to the detriment of investors and indirectly their customers, who remained constrained to over-the-counter (‘OTC’) trading. On OTC markets, derivative contracts are negotiated privately and bilaterally without public price or volume reporting of individual transactions. Contracts are intermediated by dealers who profit from the difference between buy and sell price (‘bid-ask spread’). Over time, regularly traded OTC-traded derivatives become standardised and investors become interested in trading such derivatives on exchanges. Exchange trading increases liquidity, reduces trading cost due to competitive pressure on bid-ask spreads, and reduces risks as clearing houses guarantee the performance of contracts in case of buyer or seller default. |
| --- | --- |

(3)

According to the Statement of Objections, the restrictions may have had as their object and effect an appreciable restriction of competition to the detriment of investors and indirectly their customers, who remained constrained to over-the-counter (‘OTC’) trading. On OTC markets, derivative contracts are negotiated privately and bilaterally without public price or volume reporting of individual transactions. Contracts are intermediated by dealers who profit from the difference between buy and sell price (‘bid-ask spread’). Over time, regularly traded OTC-traded derivatives become standardised and investors become interested in trading such derivatives on exchanges. Exchange trading increases liquidity, reduces trading cost due to competitive pressure on bid-ask spreads, and reduces risks as clearing houses guarantee the performance of contracts in case of buyer or seller default.

| (4) | CDS are financial contracts where a purchaser pays a periodic fee to a seller, in return for a contingent payment in case of default of the corporate or sovereign debtor of a debt obligation specified in the contract. CDS contracts are commonly used for hedging against the risk of decreasing value of the debt instruments due to the debt issuer’s default or declining credit quality, and for investing, expressing a view on the future change in the debt issuer’s credit quality. If during the term of a CDS contract a default triggers the obligation of the seller to make the contingent payment, the parties can choose between two types of settlement: either physical, where the buyer receives the full notional amount and physically delivers the defaulted bonds, or cash, where the protection seller pays the difference between the full notional amount of the defaulted debt and its market value. Cash settlement became essential because the exponential growth of the CDS market would have caused physical settlement to distort the values of deliverable obligations through excess demand. To address this issue, ISDA developed an auction for cash settlement. The Final Price resulting from this auction determines the value of defaulted bonds and has become a de facto industry standard. |
| --- | --- |

(4)

CDS are financial contracts where a purchaser pays a periodic fee to a seller, in return for a contingent payment in case of default of the corporate or sovereign debtor of a debt obligation specified in the contract. CDS contracts are commonly used for hedging against the risk of decreasing value of the debt instruments due to the debt issuer’s default or declining credit quality, and for investing, expressing a view on the future change in the debt issuer’s credit quality. If during the term of a CDS contract a default triggers the obligation of the seller to make the contingent payment, the parties can choose between two types of settlement: either physical, where the buyer receives the full notional amount and physically delivers the defaulted bonds, or cash, where the protection seller pays the difference between the full notional amount of the defaulted debt and its market value. Cash settlement became essential because the exponential growth of the CDS market would have caused physical settlement to distort the values of deliverable obligations through excess demand. To address this issue, ISDA developed an auction for cash settlement. The Final Price resulting from this auction determines the value of defaulted bonds and has become a de facto industry standard.

| (5) | The Statement of Objections reached the preliminary conclusion that ISDA’s Board, where dealers were represented, denied to licence the Final Price for exchange trading to Eurex 2007 and to CMDX in 2009. In 2007 ISDA further adopted a Use Agreement which contains general restrictions for using the Final Price for exchange-traded derivatives. According to the Statement of Objections there are no real alternatives to ISDA’s Final Price for the successful launch of exchange trading. Alternative auctions or arbitrary fixed recovery values would not be in line with terms of existing CDS contracts and the industry-standard Final Price would limit participation and distort prices in alternative auctions. |
| --- | --- |

(5)

The Statement of Objections reached the preliminary conclusion that ISDA’s Board, where dealers were represented, denied to licence the Final Price for exchange trading to Eurex 2007 and to CMDX in 2009. In 2007 ISDA further adopted a Use Agreement which contains general restrictions for using the Final Price for exchange-traded derivatives. According to the Statement of Objections there are no real alternatives to ISDA’s Final Price for the successful launch of exchange trading. Alternative auctions or arbitrary fixed recovery values would not be in line with terms of existing CDS contracts and the industry-standard Final Price would limit participation and distort prices in alternative auctions.

2.   COMMITMENT DECISION

| (6) | On 19 April 2016 ISDA offered commitments under Article 9(1) of Regulation (EC) No 1/2003 to address the Commission’s preliminary competition concerns. |
| --- | --- |

(6)

On 19 April 2016 ISDA offered commitments under Article 9(1) of Regulation (EC) No 1/2003 to address the Commission’s preliminary competition concerns.

| (7) | On 29 April 2016 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the proposed commitments and inviting interested third parties to give their observations on the commitments within 1 month following publication. On 2 June 2016 the Commission informed ISDA of the observations received from interested third parties following the publication of the notice. |
| --- | --- |

(7)

On 29 April 2016 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the proposed commitments and inviting interested third parties to give their observations on the commitments within 1 month following publication. On 2 June 2016 the Commission informed ISDA of the observations received from interested third parties following the publication of the notice.

| (8) | By decision of 20 July 2016, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the commitments binding on ISDA. Their main content is as outlined below.






  (a) | ISDA commits to licence the Final Price for the purpose of exchange trading on fair, reasonable and non-discriminatory (‘FRAND’) terms and conditions. |
| --- | --- | --- |

(8)

By decision of 20 July 2016, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the commitments binding on ISDA. Their main content is as outlined below.

(a)

ISDA commits to licence the Final Price for the purpose of exchange trading on fair, reasonable and non-discriminatory (‘FRAND’) terms and conditions.

| (b) | ISDA shall appoint a Monitoring Trustee to monitor ISDA’s compliance with the commitments. Before appointment, the Commission shall have the power to approve or reject the proposed Trustee. |
| --- | --- |

(b)

ISDA shall appoint a Monitoring Trustee to monitor ISDA’s compliance with the commitments. Before appointment, the Commission shall have the power to approve or reject the proposed Trustee.

| (c) | Failure to agree on FRAND terms and conditions entitles a licence applicant to submit the dispute to an independent arbitrator and ultimately to court. Where ISDA fails to grant a licence on grounds unrelated to FRAND, it shall submit the matter to the Monitoring Trustee and bear the burden of proof. Where ISDA intends to terminate a licence on grounds of auction manipulation, it shall demonstrate to the Trustee that manipulation is linked to specific features of an exchange traded credit derivative and no less disruptive remedies are available. Such Trustee decisions are binding on the parties but without prejudice to the Commission’s own assessment. |
| --- | --- |

(c)

Failure to agree on FRAND terms and conditions entitles a licence applicant to submit the dispute to an independent arbitrator and ultimately to court. Where ISDA fails to grant a licence on grounds unrelated to FRAND, it shall submit the matter to the Monitoring Trustee and bear the burden of proof. Where ISDA intends to terminate a licence on grounds of auction manipulation, it shall demonstrate to the Trustee that manipulation is linked to specific features of an exchange traded credit derivative and no less disruptive remedies are available. Such Trustee decisions are binding on the parties but without prejudice to the Commission’s own assessment.

| (d) | In order to exclude CDS dealers from ISDA’s licensing decisions in relation to the Final Price, the authority to award such licences will no longer rest with ISDA’s Board of Directors but be vested with ISDA’s Chief Executive Officer. |
| --- | --- |

(d)

In order to exclude CDS dealers from ISDA’s licensing decisions in relation to the Final Price, the authority to award such licences will no longer rest with ISDA’s Board of Directors but be vested with ISDA’s Chief Executive Officer.

| (e) | ISDA commits to instruct the administrator(s) of the www.creditfixings.com website, who publish the Final Price data following auctions, to remove the restrictions prohibiting the use of the Final Price for exchange trading purposes. |
| --- | --- |

(e)

ISDA commits to instruct the administrator(s) of the www.creditfixings.com website, who publish the Final Price data following auctions, to remove the restrictions prohibiting the use of the Final Price for exchange trading purposes.

| (9) | The commitments will be valid for a period of 10 years from the date of notification of the commitment decision to ISDA. |
| --- | --- |

(9)

The commitments will be valid for a period of 10 years from the date of notification of the commitment decision to ISDA.

| (10) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the adoption of the decision in June 2016. On 7 July 2016 the Hearing Officer issued his final report. |
| --- | --- |

(10)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the adoption of the decision in June 2016. On 7 July 2016 the Hearing Officer issued his final report.

| (11) | The decision brought the proceedings to an end as regards ISDA’s refusals to licence the Final Price. |
| --- | --- |

(11)

The decision brought the proceedings to an end as regards ISDA’s refusals to licence the Final Price.

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  Markit is a provider of financial information and services. Since closure of a merger on 13 July 2016: ‘IHS Markit’.

(3)  Eurex is the derivatives exchange subsidiary of Deutsche Börse. In 2007, Eurex unsuccessfully launched exchange traded credit futures written on the iTraxx index.

(4)  CMDX was a joint venture between Chicago Mercantile Exchange and Citadel, a hedge fund. According to the SO, in 2008, CMDX attempted to launch a CDS clearing and exchange trading platform. The joint venture was dissolved in July 2009.

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| 14.10.2016 | EN | Official Journal of the European Union | C 378/9 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/9

---

Final Report of the Hearing Officer (1)

CDS Information Market — ISDA

(Case AT.39745)

(2016/C 378/06)

Introduction

| (1) | The draft decision under Article 9(1) of Council Regulation (EC) No 1/2003 (2) is addressed to The International Swaps and Derivatives Association, Inc. (‘ISDA’) and relates to part of the proceedings in Case AT.39745 – CDS Information Market. |
| --- | --- |

(1)

The draft decision under Article 9(1) of Council Regulation (EC) No 1/2003 (2) is addressed to The International Swaps and Derivatives Association, Inc. (‘ISDA’) and relates to part of the proceedings in Case AT.39745 – CDS Information Market.

| (2) | This case concerned allegations of anti-competitive behaviour involving 13 investment banks (‘dealers’), ISDA and financial data vendor Markit Ltd. (‘Markit’) to boycott entry attempts into the market for exchange traded unfunded credit derivatives, in particular credit default swaps (‘CDS’), during the period 2006-2009 and thereby to delay and prevent the emergence of this new market. |
| --- | --- |

(2)

This case concerned allegations of anti-competitive behaviour involving 13 investment banks (‘dealers’), ISDA and financial data vendor Markit Ltd. (‘Markit’) to boycott entry attempts into the market for exchange traded unfunded credit derivatives, in particular credit default swaps (‘CDS’), during the period 2006-2009 and thereby to delay and prevent the emergence of this new market.

| (3) | The Commission started the investigation ex officio and on 20 April 2011, it initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against a number of dealers and Markit. After sending requests for information in July 2011, the Commission conducted an announced inspection at the premises of Markit in September 2011, and data rooms at the premises of certain dealers, ISDA and Citadel (3) in 2012, to search certain documents they had submitted to the Department of Justice (of the United States) in a parallel investigation. On 26 March 2013, the Commission extended the proceedings to ISDA. |
| --- | --- |

(3)

The Commission started the investigation ex officio and on 20 April 2011, it initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against a number of dealers and Markit. After sending requests for information in July 2011, the Commission conducted an announced inspection at the premises of Markit in September 2011, and data rooms at the premises of certain dealers, ISDA and Citadel (3) in 2012, to search certain documents they had submitted to the Department of Justice (of the United States) in a parallel investigation. On 26 March 2013, the Commission extended the proceedings to ISDA.

| (4) | On 1 July 2013, the Commission adopted a Statement of Objections (‘SO’) addressed to the dealers, ISDA and Markit (together the ‘addressees’). The SO raised preliminary concerns that the addressees had coordinated to foreclose exchanges (Eurex (4) and CMDX (5)) from the market for exchange-traded unfunded credit derivatives (in particular CDS). More specifically, the SO set out the preliminary concern that ISDA, as an association of undertakings, infringed Article 101 TFEU by refusing to permit exchanges the licensed use of its Final Price for exchange trading purposes in 2007 (Eurex) and 2008-2009 (CMDX) with ongoing effects, because the restrictive Use Agreement remained in place on-line. |
| --- | --- |

(4)

On 1 July 2013, the Commission adopted a Statement of Objections (‘SO’) addressed to the dealers, ISDA and Markit (together the ‘addressees’). The SO raised preliminary concerns that the addressees had coordinated to foreclose exchanges (Eurex (4) and CMDX (5)) from the market for exchange-traded unfunded credit derivatives (in particular CDS). More specifically, the SO set out the preliminary concern that ISDA, as an association of undertakings, infringed Article 101 TFEU by refusing to permit exchanges the licensed use of its Final Price for exchange trading purposes in 2007 (Eurex) and 2008-2009 (CMDX) with ongoing effects, because the restrictive Use Agreement remained in place on-line.

Access to file

| (5) | On 9 July 2013, ISDA was granted access to the file via an access-to-file DVD (6). |
| --- | --- |

(5)

On 9 July 2013, ISDA was granted access to the file via an access-to-file DVD (6).

| (6) | On 29 August 2013, the external advisers of ISDA received access to certain CDS market share data, subject to a confidentiality agreement, in a data room at the Commission's premises. Subsequent to the data room, the external advisers of ISDA prepared a report for ISDA containing non-confidential summaries and analyses of the data reviewed. |
| --- | --- |

(6)

On 29 August 2013, the external advisers of ISDA received access to certain CDS market share data, subject to a confidentiality agreement, in a data room at the Commission's premises. Subsequent to the data room, the external advisers of ISDA prepared a report for ISDA containing non-confidential summaries and analyses of the data reviewed.

| (7) | On 10 December 2013, the external advisers of ISDA were provided with a DVD containing the confidential versions of documents originating from addressees, via a negotiated disclosure procedure subject to non-disclosure agreements. The external counsel was allowed to include confidential information contained in the documents reviewed in (a confidential version of) the reply to the SO. |
| --- | --- |

(7)

On 10 December 2013, the external advisers of ISDA were provided with a DVD containing the confidential versions of documents originating from addressees, via a negotiated disclosure procedure subject to non-disclosure agreements. The external counsel was allowed to include confidential information contained in the documents reviewed in (a confidential version of) the reply to the SO.

| (8) | On 17 December 2013, DG Competition also provided revised non-confidential versions of documents originating from third parties to ISDA, in response to requests for further access to the file. Due to objections of one third party, access to some of these documents was provided in accordance with a decision I had to take pursuant to Article 8(2) of Decision 2011/695/EU. |
| --- | --- |

(8)

On 17 December 2013, DG Competition also provided revised non-confidential versions of documents originating from third parties to ISDA, in response to requests for further access to the file. Due to objections of one third party, access to some of these documents was provided in accordance with a decision I had to take pursuant to Article 8(2) of Decision 2011/695/EU.

Deadline to respond to the SO

| (9) | ISDA replied to parts of the SO in January 2014, after DG Competition and I had extended the initial period of eight weeks in which a reply had to be submitted on grounds related to access to the file. |
| --- | --- |

(9)

ISDA replied to parts of the SO in January 2014, after DG Competition and I had extended the initial period of eight weeks in which a reply had to be submitted on grounds related to access to the file.

Access to other addressees' replies to the SO

| (10) | ISDA requested access to the other addressees' replies to the SO, claiming that such access was necessary for the proper exercise of its right to be heard. In April 2014, DG Competition granted access to the non-confidential versions of the documents annexed to the replies of the other addressees and a list of documents cited in these replies but not annexed to them. ISDA submitted a supplemental response to the SO after the oral hearing, following receipt of the abovementioned documents, in July 2014. |
| --- | --- |

(10)

ISDA requested access to the other addressees' replies to the SO, claiming that such access was necessary for the proper exercise of its right to be heard. In April 2014, DG Competition granted access to the non-confidential versions of the documents annexed to the replies of the other addressees and a list of documents cited in these replies but not annexed to them. ISDA submitted a supplemental response to the SO after the oral hearing, following receipt of the abovementioned documents, in July 2014.

Oral Hearing

| (11) | The oral hearing lasted six working days (12 to 19 May 2014). All the addressees participated. In particular, ISDA was heard on 12 May 2014. |
| --- | --- |

(11)

The oral hearing lasted six working days (12 to 19 May 2014). All the addressees participated. In particular, ISDA was heard on 12 May 2014.

| (12) | On 4 December 2015 the Commission decided to close the investigation in respect of the dealers, based on a thorough analysis of all information received from the addressees in their replies and during the oral hearing of May 2014, as well as on documents obtained through additional fact finding. The evidence was not sufficiently conclusive to confirm the Commission's concerns with regard to the dealers. This closure did not prejudge the outcome of the Commission's investigation regarding Markit and ISDA. |
| --- | --- |

(12)

On 4 December 2015 the Commission decided to close the investigation in respect of the dealers, based on a thorough analysis of all information received from the addressees in their replies and during the oral hearing of May 2014, as well as on documents obtained through additional fact finding. The evidence was not sufficiently conclusive to confirm the Commission's concerns with regard to the dealers. This closure did not prejudge the outcome of the Commission's investigation regarding Markit and ISDA.

Commitments

| (13) | On 19 April 2016, ISDA proposed commitments in order to meet the Commission's concerns. On 29 April 2016, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No No 1/2003 (7) and received observations from two interested third parties. These observations did not lead to any new competition concerns or need to reconsider the concerns expressed in the SO. |
| --- | --- |

(13)

On 19 April 2016, ISDA proposed commitments in order to meet the Commission's concerns. On 29 April 2016, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No No 1/2003 (7) and received observations from two interested third parties. These observations did not lead to any new competition concerns or need to reconsider the concerns expressed in the SO.

| (14) | The draft Commission decision makes the commitments offered binding upon ISDA for ten years and concludes that, in light of these, there are no longer grounds for action on its part and thus the proceedings should be brought to an end. |
| --- | --- |

(14)

The draft Commission decision makes the commitments offered binding upon ISDA for ten years and concludes that, in light of these, there are no longer grounds for action on its part and thus the proceedings should be brought to an end.

| (15) | I have not received any request or complaint from any party to the proceedings with respect to the proposed commitments (8). |
| --- | --- |

(15)

I have not received any request or complaint from any party to the proceedings with respect to the proposed commitments (8).

| (16) | In the light of all the above, I consider that the effective exercise of the procedural rights of ISDA has been respected. |
| --- | --- |

(16)

In the light of all the above, I consider that the effective exercise of the procedural rights of ISDA has been respected.

Brussels, 7 July 2016.

Joos STRAGIER

---

(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’). The Hearing Officer originally responsible for this case was Mr Wouter Wils. Following my appointment as Hearing Officer as of 16 October 2013, I assumed responsibility for the case.

1

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) (‘Regulation (EC) No 1/2003’).

2

(3)  Or in other locations as agreed with the undertakings.

3

(4)  Eurex is the derivatives exchange arm of Deutsche Börse. In 2007, Eurex launched, yet without success, exchange traded credit futures written on the iTraxx CDS index.

4

(5)  CMDX was a joint venture between Chicago Mercantile Exchange (‘CME’) and Citadel, a hedge fund. According to the SO, in 2008, CMDX attempted to launch a clearing and exchange trading platform for CDS. Eventually the joint venture was dissolved in July 2009, and CME launched on its own a clearing only platform in December 2009.

5

(6)  On 31 July 2013, the access-to-file DVD was replaced by a new one due to technical deficiencies.

6

(7)  Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.39745 — CDS Information Market — ISDA (OJ C 153, 29.4.2016, p. 7).

7

(8)  According to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the hearing officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.

8

---

| 14.10.2016 | EN | Official Journal of the European Union | C 378/11 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/11

---

Opinion of the Advisory Committee on restrictive practices and dominant positions concerning two draft decisions in Case AT.39745 — CDS Information Market

Rapporteur: Cyprus

(2016/C 378/07)

| 1. | The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 16 June 2016 under Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 16 June 2016 under Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission that the proceedings concerning Markit and the International Swaps and Derivatives Association (ISDA) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the proceedings concerning Markit and the International Swaps and Derivatives Association (ISDA) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered by Markit and ISDA are suitable, necessary and proportionate, and should be made legally binding on both Markit and ISDA. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the commitments offered by Markit and ISDA are suitable, necessary and proportionate, and should be made legally binding on both Markit and ISDA.

| 4. | The Advisory Committee agrees with the Commission that, in light of the commitments offered by Markit and ISDA there are no longer grounds for action by the Commission against Markit and ISDA, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Markit and ISDA there are no longer grounds for action by the Commission against Markit and ISDA, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

| 5. | The Advisory Committee asks the Commission to take into account any other points raised during the written consultation. |
| --- | --- |

5.

The Advisory Committee asks the Commission to take into account any other points raised during the written consultation.

| 6. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

6.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 14.10.2016 | EN | Official Journal of the European Union | C 378/12 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/12

---

Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC

(Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011)

(Text with EEA relevance)

(2016/C 378/08)

The provisions of Regulation (EU) No 305/2011 prevail over any conflicting provisions in the European Assessment Documents.

| Reference and title of the European Assessment Document | Reference and title of the superseded European Assessment Document | Remarks |
| --- | --- | --- |
| 010001-00-0301 | Precast concrete composite wall with point connectors | | |
| 020001-00-0405 | Multi-axis concealed hinge assemblies | | |
| 020002-00-0404 | Balcony (and terrace) glazing system without vertical frames | | |
| 020011-00-0405 | Roof, floor, wall and ceiling hatches providing access or for use as an emergency door/with or without fire resistance | | |
| 040005-00-1201 | Factory-made thermal and/or acoustic insulation products made of vegetable or animal fibres | | |
| 040016-00-0404 | Glass fibre mesh for reinforcement of cement based renderings | | |
| 040048-00-0502 | Rubber fibre mat to be used for impact sound insulation | | |
| 040065-00-1201 | Thermal insulation and/or sound absorbing boards based on expanded polystyrene and cement | | |
| 040090-00-1201 | Factory-made boards and products formed by moulding of an expanded polylactic acid (epla) for thermal and/or acoustical insulation. | | |
| 040138-00-1201 | In-situ formed loose fill thermal and/or acoustic insulation products made of vegetable fibres | | |
| 060001-00-0802 | Chimney kit with clay/ceramic flue liner with classification T400 (MINIMUM) N1 W3 GXX | | |
| 060003-00-0802 | Chimney kit with clay/ceramic flue liner and with specific outer wall with classification T400 (minimum) N1 W3 GXX | | |
| 070001-00-0504 | Gypsum plasterboards for load bearing applications | | |
| 080002-00-0102 | Non-reinforcing hexagonal geogrid for the stabilization of unbound granular layers by way of interlock with the aggregate | | |
| 090001-00-0404 | Pre-fabricated compressed mineral wool boards with organic or inorganic finish and with specified fastening system | | |
| 090017-00-0404 | Point supported vertical glazing | | |
| 120001-00-0106 | Microprismatic retro-reflective sheetings | | |
| 120003-00-0106 | Steel lighting columns | | |
| 130002-00-0304 | Solid wood slab element — element of dowel jointed timber boards to be used as a structural element in buildings | | |
| 130005-00-0304 | Solid wood slab element to be used as a structural element in buildings | | |
| 130010-00-0304 | Glued laminated timber made of hardwood – structural laminated veneer lumber made of beech | | |
| 130011-00-0304 | Prefabricated wood slab element made of mechanically jointed square-sawn timber members to be used as a structural element in buildings | | |
| 130012-00-0304 | Strength graded structural timber – Square edged logs with wane – Chestnut | | |
| 130013-00-0304 | Solid wood slab element to be used as a structural element in buildings — element of timber boards jointed by dovetail connections | | |
| 130022-00-0304 | Monolithic or laminated beam and wall logs made of timber | | |
| 130033-00-0603 | Nails and screws for use in nailing plates in timber structures | | |
| 130167-00-0304 | Strength graded structural timber – Square edged logs with wane – Softwood | | |
| 150003-00-0301 | High strength cement | | |
| 180008-00-0704 | Trapped gully – removable – mechanical closure | | |
| 190002-00-0502 | Dry floating flooring kit based on prefabricated interlocked units made of ceramic tiles and rubber mats | | |
| 200002-00-0602 | Tension rod system | | |
| 200005-00-0103 | Structural steel piles with hollow sections and rigid splices | | |
| 200014-00-0103 | Pile joints and rock shoes for concrete piles | | |
| 200017-00-0302 | Hot rolled products and structural components made of steel grades Q235B, Q235D, Q345B and Q345D | | |
| 200019-00-0102 | Hexagonal woven mesh gabion boxes and mattresses | | |
| 200022-00-0302 | Thermo-mechanically rolled long steel products made of weldable fine grain structural steel of special steel grades | | |
| 200026-00-0102 | Steel wire mesh systems for reinforced fill | | |
| 200039-00-0102 | Hexagonal woven mesh gabion boxes and mattresses with zinc coating | | |
| 220007-00-0402 | Fully supported copper alloy sheet and strip for roofing, external cladding and internal lining | | |
| 220008-00-0402 | Eaves profiles for terraces and balconies | | |
| 220021-00-0402 | Sun tunnel kits | | |
| 220025-00-0401 | Cantilevered Structural horizontal glazing (structural glass canopy/roof) | | |
| 230004-00-0106 | Wire ring mesh panels | | |
| 230005-00-0106 | Wire rope net panels | | |
| 230008-00-0106 | Double twisted steel wire mesh reinforced or not with ropes | | |
| 230025-00-0106 | Flexible facing systems for slope stabilization and rock protection | | |
| 260006-00-0301 | Polymeric concrete addition | | |
| 280001-00-0704 | Preassembled line unit for drainage or infiltration | | |
| 290001-00-0701 | Kit for the transport of cold and hot water inside buildings | | |
| 320002-01-0605 | Coated metal water stop sheet for construction and controlled crack joints in waterproof concrete | 320002-00-0605 | |
| 330008-02-0601 | Anchor channels | 330008-00-0601
  330008-01-0601 | |
| 330011-00-0601 | Adjustable concrete screws | | |
| 330012-00-0601 | Cast-in anchor with internal threaded socket | | |
| 330075-00-0601 | Elevator lifting device | | |
| 330079-00-0602 | Floor Fixing Assemblies for use in Checker Plate or Open Bar Grating | | |
| 330080-00-0602 | High Slip Resistance Clamp (HSR) Assembly | | |
| 330083-00-0601 | Power-actuated fastener for multiple use in concrete for non-structural applications | | |
| 330084-00-0601 | Steel-plate with cast-in anchors | | |
| 330153-00-0602 | Cartridge fired pin for connections of thin gauge steel members and sheeting | | |
| 340002-00-0204 | Panels of steel wires with incorporated thermal insulation for a whole structure | | |
| 340006-00-0506 | Prefabricated stair kits | ETAG 008 | |
| 340020-00-0106 | Flexible kits for retaining debris flows and shallow landslides/open hill debris flows | | |
| 340025-00-0403 | Substructure kit for heated buildings | | |
| 340037-00-0204 | Light weight steel/wood load bearing roof elements | | |
| 350003-00-1109 | Kit for fire resistant service ducts consisting of pre-fabricated connection pieces (made of mechanically pre-coated steel sheet) and accessories | | |
| 350005-00-1104 | Intumescent products for fire sealing and fire stopping purposes | | |
| 350134-00-1104 | Fire proof water trap with intumescent fire seal (combined with a stainless steel floor gully penetration | | |

Reference and title of the European Assessment Document

Reference and title of the superseded European Assessment Document

Remarks

010001-00-0301

Precast concrete composite wall with point connectors

020001-00-0405

Multi-axis concealed hinge assemblies

020002-00-0404

Balcony (and terrace) glazing system without vertical frames

020011-00-0405

Roof, floor, wall and ceiling hatches providing access or for use as an emergency door/with or without fire resistance

040005-00-1201

Factory-made thermal and/or acoustic insulation products made of vegetable or animal fibres

040016-00-0404

Glass fibre mesh for reinforcement of cement based renderings

040048-00-0502

Rubber fibre mat to be used for impact sound insulation

040065-00-1201

Thermal insulation and/or sound absorbing boards based on expanded polystyrene and cement

040090-00-1201

Factory-made boards and products formed by moulding of an expanded polylactic acid (epla) for thermal and/or acoustical insulation.

040138-00-1201

In-situ formed loose fill thermal and/or acoustic insulation products made of vegetable fibres

060001-00-0802

Chimney kit with clay/ceramic flue liner with classification T400 (MINIMUM) N1 W3 GXX

060003-00-0802

Chimney kit with clay/ceramic flue liner and with specific outer wall with classification T400 (minimum) N1 W3 GXX

070001-00-0504

Gypsum plasterboards for load bearing applications

080002-00-0102

Non-reinforcing hexagonal geogrid for the stabilization of unbound granular layers by way of interlock with the aggregate

090001-00-0404

Pre-fabricated compressed mineral wool boards with organic or inorganic finish and with specified fastening system

090017-00-0404

Point supported vertical glazing

120001-00-0106

Microprismatic retro-reflective sheetings

120003-00-0106

Steel lighting columns

130002-00-0304

Solid wood slab element — element of dowel jointed timber boards to be used as a structural element in buildings

130005-00-0304

Solid wood slab element to be used as a structural element in buildings

130010-00-0304

Glued laminated timber made of hardwood – structural laminated veneer lumber made of beech

130011-00-0304

Prefabricated wood slab element made of mechanically jointed square-sawn timber members to be used as a structural element in buildings

130012-00-0304

Strength graded structural timber – Square edged logs with wane – Chestnut

130013-00-0304

Solid wood slab element to be used as a structural element in buildings — element of timber boards jointed by dovetail connections

130022-00-0304

Monolithic or laminated beam and wall logs made of timber

130033-00-0603

Nails and screws for use in nailing plates in timber structures

130167-00-0304

Strength graded structural timber – Square edged logs with wane – Softwood

150003-00-0301

High strength cement

180008-00-0704

Trapped gully – removable – mechanical closure

190002-00-0502

Dry floating flooring kit based on prefabricated interlocked units made of ceramic tiles and rubber mats

200002-00-0602

Tension rod system

200005-00-0103

Structural steel piles with hollow sections and rigid splices

200014-00-0103

Pile joints and rock shoes for concrete piles

200017-00-0302

Hot rolled products and structural components made of steel grades Q235B, Q235D, Q345B and Q345D

200019-00-0102

Hexagonal woven mesh gabion boxes and mattresses

200022-00-0302

Thermo-mechanically rolled long steel products made of weldable fine grain structural steel of special steel grades

200026-00-0102

Steel wire mesh systems for reinforced fill

200039-00-0102

Hexagonal woven mesh gabion boxes and mattresses with zinc coating

220007-00-0402

Fully supported copper alloy sheet and strip for roofing, external cladding and internal lining

220008-00-0402

Eaves profiles for terraces and balconies

220021-00-0402

Sun tunnel kits

220025-00-0401

Cantilevered Structural horizontal glazing (structural glass canopy/roof)

230004-00-0106

Wire ring mesh panels

230005-00-0106

Wire rope net panels

230008-00-0106

Double twisted steel wire mesh reinforced or not with ropes

230025-00-0106

Flexible facing systems for slope stabilization and rock protection

260006-00-0301

Polymeric concrete addition

280001-00-0704

Preassembled line unit for drainage or infiltration

290001-00-0701

Kit for the transport of cold and hot water inside buildings

320002-01-0605

Coated metal water stop sheet for construction and controlled crack joints in waterproof concrete

320002-00-0605

330008-02-0601

Anchor channels

330008-00-0601

330008-01-0601

330011-00-0601

Adjustable concrete screws

330012-00-0601

Cast-in anchor with internal threaded socket

330075-00-0601

Elevator lifting device

330079-00-0602

Floor Fixing Assemblies for use in Checker Plate or Open Bar Grating

330080-00-0602

High Slip Resistance Clamp (HSR) Assembly

330083-00-0601

Power-actuated fastener for multiple use in concrete for non-structural applications

330084-00-0601

Steel-plate with cast-in anchors

330153-00-0602

Cartridge fired pin for connections of thin gauge steel members and sheeting

340002-00-0204

Panels of steel wires with incorporated thermal insulation for a whole structure

340006-00-0506

Prefabricated stair kits

ETAG 008

340020-00-0106

Flexible kits for retaining debris flows and shallow landslides/open hill debris flows

340025-00-0403

Substructure kit for heated buildings

340037-00-0204

Light weight steel/wood load bearing roof elements

350003-00-1109

Kit for fire resistant service ducts consisting of pre-fabricated connection pieces (made of mechanically pre-coated steel sheet) and accessories

350005-00-1104

Intumescent products for fire sealing and fire stopping purposes

350134-00-1104

Fire proof water trap with intumescent fire seal (combined with a stainless steel floor gully penetration

Note:

European Assessment Documents (EAD) are adopted by the European Organisation for Technical Assessment (EOTA) in English. The European Commission is not responsible for the correctness of the titles which have been provided by EOTA for publication in the Official Journal of the European Union.

Publication of the references of European Assessment Documents in the Official Journal of the European Union does not imply that the European Assessment Documents are available in all the official languages of the European Union.

The European Organisation for Technical Assessment (http://www.eota.eu) shall keep the European Assessment Document available by electronic means in line with the provisions of point 8 of Annex II to Regulation (EU) No 305/2011.

This list replaces all the previous lists published in the Official Journal of the European Union. The European Commission ensures the updating of this list.

---

European Data Protection Supervisor

| 14.10.2016 | EN | Official Journal of the European Union | C 378/16 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/16

---

Executive Summary of the preliminary Opinion of the European Data Protection Supervisor on the review of the ePrivacy Directive (2002/58/EC)

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2016/C 378/09)

EXECUTIVE SUMMARY

This Opinion outlines the position of the EDPS on the key issues relating to the review of Directive 2002/58/EC on privacy and electronic communications (the ePrivacy Directive), in response to a request of the European Commission.

We need a new legal framework for ePrivacy, but we need a smarter, clearer and stronger one: we need more clarity but also better enforcement. We need it to ensure the confidentiality of our communications, a fundamental right enshrined in Article 7 of the Charter of Fundamental Rights of the European Union. In addition, we also need provisions to complement, and where necessary, specify in more detail, the protections under the General Data Protection Regulation (GDPR). Furthermore, we also need to maintain the current, higher level of protection where the ePrivacy Directive provides more specific safeguards than the GDPR. The definitions of the GDPR, its territorial scope, the mechanisms for cooperation between enforcement authorities and for consistency, as well as the possibility to provide flexibility and guidance, should be available for ePrivacy.

The scope of the new legal framework must be extended. This is to take account of technological and societal changes and to ensure that individuals be afforded the same level of protection for all functionally equivalent services, irrespective whether they are provided, for example, by traditional telephone companies, by Voice over IP services or via mobile phone messaging apps. Indeed, there is a need to go even further and protect not only ‘functionally equivalent’ services, but also those services that offer new opportunities for communication. The new rules should also unambiguously continue to cover machine-to-machine communications in the context of the internet of Things, irrespective of the type of network or communication service used. The new rules should also ensure that the confidentiality of users' communications will be protected on all publicly accessible networks, including Wi-Fi services in hotels, coffee shops, shops, airports and networks offered by hospitals to patients, universities to students, and hotspots created by public administrations.

Consent should be genuine, offering a freely given choice to users, as required under the GDPR. There should be no more ‘cookie walls’. Beyond a clear set of exceptions (such as first party analytics), no communications should be subject to tracking and monitoring without freely given consent, whether by cookies, device-fingerprinting, or other technological means. Users must also have user-friendly and effective mechanisms to provide and revoke their consent within the browser (or other software or operating system).

In order to better protect the confidentiality of electronic communications, the current consent requirement for traffic and location data must also be maintained and strengthened. The scope of this provision should be broadened to cover everyone and not just traditional telephone companies and internet service providers.

The new rules should also clearly allow users to use end-to-end encryption (without ‘back-doors’) to protect their electronic communications. Decryption, reverse engineering or monitoring of communications protected by encryption should be prohibited.

Finally, the new rules on ePrivacy should protect against unsolicited communications and should be updated and strengthened, requiring prior consent of recipients for all types of unsolicited electronic communications, independent of the means.

I.   INTRODUCTION AND BACKGROUND

This preliminary Opinion (Opinion) is in response to a request of the European Commission (Commission) to the European Data Protection Supervisor (EDPS), as an independent supervisory authority and advisory body, to provide an opinion on the review of the ePrivacy Directive (1).

The consultation of the EDPS was carried out in parallel with a public consultation held by the Commission, which was open until 5 July 2016 (2). The Commission also requested the opinion of the Article 29 Data Protection Working Party (WP29), to which the EDPS contributed as a full member (3).

This Opinion contains the preliminary position of the EDPS on the review of the ePrivacy Directive, focusing on those issues where his opinion has been specifically requested by the Commission. The Opinion also constitutes the EDPS contribution to the public consultation and as such, may also address other issues not specifically requested by the Commission in its request for an opinion. We may also provide further advice in subsequent stages of the legislative procedure.

The review of the ePrivacy Directive is one of the key initiatives of the Digital Single Market Strategy (4), aimed at reinforcing trust and security in digital services in the EU with a focus on ensuring a high level of protection for citizens and a level playing field for all market players across the EU.

The review seeks to modernise and update the ePrivacy Directive as part of the wider effort to provide a coherent and harmonised legal framework for data protection in Europe. The ePrivacy Directive particularises and complements Directive 95/46/EC (5), which will be replaced by the recently adopted General Data Protection Regulation (GDPR) (6). The ePrivacy Directive sets forth specific rules, with the main objective of ensuring the confidentiality and security of electronic communications. It also protects the legitimate interests of subscribers who are legal persons.

XI.   CONCLUSIONS

The importance of confidentiality of communications as laid down in Article 7 of the Charter is growing with the increased role that electronic communications play in our society and economy. The safeguards outlined in this Opinion will play a key role in ensuring the success of the Commission's long term strategic objectives outlined in its DSM Strategy.

Done at Brussels, 22 July 2016.

Giovanni BUTTARELLI

European Data Protection Supervisor

---

(1)  Ref. Ares(2016)2310042 – 18.5.2016.

1

(2)  See https://ec.europa.eu/digital-single-market/en/news/public-consultation-evaluation-and-review-eprivacy-directive. The questionnaire is available at: https://ec.europa.eu/eusurvey/runner/EPRIVACYReview2016.

2

(3)  WP29 Opinion 3/2016 on the evaluation and review of the ePrivacy Directive (2002/58/EC) (WP240) adopted on 19 July 2016.

3

(4)  A Digital Single Market Strategy for Europe, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions, 6 May 2015 (COM(2015) 192 final) available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015DC0192&from=EN.

4

(5)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

5

(6)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

6

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 14.10.2016 | EN | Official Journal of the European Union | C 378/18 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/18

---

CALL FOR PROPOSALS — EACEA/37/2016

Erasmus+ programme, Key Action 3 — Support for Policy Reform

Civil Society Cooperation in the field of Youth

(2016/C 378/10)

INTRODUCTION

Cooperation with civil society organisations in the fields of education, training and youth is essential to create a broad sense of ownership in relation to lifelong learning strategies and policies, and to take into consideration stakeholders' ideas and concerns at all levels. It is important for raising awareness about the Europe 2020 strategy for growth and jobs, the Strategic Framework for European cooperation in Education and Training (ET2020), specific policy agendas such as the Bologna process in Higher Education or the Bruges-Copenhagen process in Vocational education and training (VET), as well as the EU Youth Strategy. It is vital for securing the active involvement of stakeholders in the implementation of policy reforms in the different countries, for promoting their participation in the Erasmus+ programme and other European programmes and for disseminating policy and programme results and good practice through their extensive membership networks.

1.   AIMS AND OBJECTIVES

The objective of the present Call is to provide structural support, referred to as operating grant, to European non-governmental organisations (ENGOs) and EU-wide networks active in the field of youth and pursuing the following general aims:

| — | raise stakeholder awareness of European policy agenda in the field of youth, in particular the EU Youth Strategy, |
| --- | --- |

—

raise stakeholder awareness of European policy agenda in the field of youth, in particular the EU Youth Strategy,

| — | increase stakeholder commitment and cooperation with public authorities for the implementation of policies and reforms in the field of youth, such as of the country-specific recommendations issued in the framework of the European semester, |
| --- | --- |

—

increase stakeholder commitment and cooperation with public authorities for the implementation of policies and reforms in the field of youth, such as of the country-specific recommendations issued in the framework of the European semester,

| — | boost stakeholder participation in the field of youth, |
| --- | --- |

—

boost stakeholder participation in the field of youth,

| — | boost stakeholder involvement in the dissemination of policy and programme actions and results and of good practice among their membership and beyond. |
| --- | --- |

—

boost stakeholder involvement in the dissemination of policy and programme actions and results and of good practice among their membership and beyond.

These aims should be clearly embedded in the work plans, activities and deliverables of the applicant organisations.

Furthermore, the organisations active in the field of youth that will be supported under this Call are expected to carry out activities that aim to:

| — | promote the employability of young people, notably through activities that foster the development of competences and skills through non-formal education, |
| --- | --- |

—

promote the employability of young people, notably through activities that foster the development of competences and skills through non-formal education,

| — | foster the empowerment of young people in society, and foster their participation in the decision-making processes, |
| --- | --- |

—

foster the empowerment of young people in society, and foster their participation in the decision-making processes,

| — | contribute to the personal, socio-educational and professional development of young people in Europe, |
| --- | --- |

—

contribute to the personal, socio-educational and professional development of young people in Europe,

| — | contribute to the development of youth work at European, national, regional or local levels, |
| --- | --- |

—

contribute to the development of youth work at European, national, regional or local levels,

| — | contribute to the debate on/development of policy issues affecting young people and youth organisations at European, national, regional or local levels, |
| --- | --- |

—

contribute to the debate on/development of policy issues affecting young people and youth organisations at European, national, regional or local levels,

| — | promote intercultural learning, the respect of diversity, and the values of solidarity, equal opportunities and human rights among young people in Europe, |
| --- | --- |

—

promote intercultural learning, the respect of diversity, and the values of solidarity, equal opportunities and human rights among young people in Europe,

| — | promote the inclusion of young people with fewer opportunities in society, |
| --- | --- |

—

promote the inclusion of young people with fewer opportunities in society,

| — | contribute to the implementation of the Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education adopted in Paris on 17 March 2015 (1) for example by mainstreaming the promotion of civic education, intercultural dialogue and democratic citizenship in their work programmes, |
| --- | --- |

—

contribute to the implementation of the Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education adopted in Paris on 17 March 2015 (1) for example by mainstreaming the promotion of civic education, intercultural dialogue and democratic citizenship in their work programmes,

| — | contribute to the implementation of the action plan on integration of third country nationals adopted on 7 June 2016 by launching and promoting actions and projects which deal with the integration into the hosting society of young people with a migrant background, including the newly arrived refugees. |
| --- | --- |

—

contribute to the implementation of the action plan on integration of third country nationals adopted on 7 June 2016 by launching and promoting actions and projects which deal with the integration into the hosting society of young people with a migrant background, including the newly arrived refugees.

2.   ELIGIBILITY

2.1.   Eligible applicants

This Call is open to two categories of bodies: European non-governmental organisations (ENGO) and EU-wide networks (informal network).

In the context of civil society cooperation in the field of youth, the following definitions apply:

Category 1: A European non-governmental organisation (ENGO) must:

| — | operate through a formally recognised structure, composed of (a) European body/secretariat (the applicant) legally established for at least 1 year in an eligible country on the date of submission of the application and (b) national organisations/branches in at least 12 eligible countries having a statutory link with the European body/secretariat, |
| --- | --- |

—

operate through a formally recognised structure, composed of (a) European body/secretariat (the applicant) legally established for at least 1 year in an eligible country on the date of submission of the application and (b) national organisations/branches in at least 12 eligible countries having a statutory link with the European body/secretariat,

| — | be active in the field of youth and run activities that support the implementation of the fields of action of the EU Youth Strategy, |
| --- | --- |

—

be active in the field of youth and run activities that support the implementation of the fields of action of the EU Youth Strategy,

| — | involve young people in the management and governance of the organisation. |
| --- | --- |

—

involve young people in the management and governance of the organisation.

Category 2: An EU-wide network (informal network) must:

| — | be composed of legally autonomous non-profit organisations active in the field of youth and running activities that support the implementation of the fields of action of the EU Youth Strategy, |
| --- | --- |

—

be composed of legally autonomous non-profit organisations active in the field of youth and running activities that support the implementation of the fields of action of the EU Youth Strategy,

| — | operate through an informal governance setting, composed of (a) an organisation legally established for at least 1 year on the date of submission of the application in an eligible country with functions of coordination of and support to the network at European level (the applicant); and (b) other organisations established in at least 12 eligible countries, |
| --- | --- |

—

operate through an informal governance setting, composed of (a) an organisation legally established for at least 1 year on the date of submission of the application in an eligible country with functions of coordination of and support to the network at European level (the applicant); and (b) other organisations established in at least 12 eligible countries,

| — | involve young people in the management and governance of the network. |
| --- | --- |

—

involve young people in the management and governance of the network.

2.2.   Eligible countries

Applications from legal entities established in one of the following countries are eligible:

| — | EU Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom, |
| --- | --- |

—

EU Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom,

| — | the European Free Trade Association (EFTA) countries which form part of the European Economic Area (EEA): Iceland, Liechtenstein, Norway, |
| --- | --- |

—

the European Free Trade Association (EFTA) countries which form part of the European Economic Area (EEA): Iceland, Liechtenstein, Norway,

| — | candidate countries for which a pre-accession strategy has been established, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with those countries with a view to their participation in EU programmes: Former Yugoslav Republic of Macedonia and Turkey. |
| --- | --- |

—

candidate countries for which a pre-accession strategy has been established, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with those countries with a view to their participation in EU programmes: Former Yugoslav Republic of Macedonia and Turkey.

3.   ACTIVITIES

The applicant bodies must present a consistent work plan integrating non-profit making, youth-led activities which are suitable of pursuing the objectives of the Call.

Notably:

| — | non-formal and informal learning and activity programmes targeted at young people and youth workers, |
| --- | --- |

—

non-formal and informal learning and activity programmes targeted at young people and youth workers,

| — | activities for the qualitative development of youth work, |
| --- | --- |

—

activities for the qualitative development of youth work,

| — | activities for the development and promotion of recognition and transparency tools in the field of youth, |
| --- | --- |

—

activities for the development and promotion of recognition and transparency tools in the field of youth,

| — | seminars, meetings, workshops, consultations, debates of young people on youth policies and/or European matters, |
| --- | --- |

—

seminars, meetings, workshops, consultations, debates of young people on youth policies and/or European matters,

| — | consultations of young people feeding into the Structured Dialogue in the field of youth, |
| --- | --- |

—

consultations of young people feeding into the Structured Dialogue in the field of youth,

| — | activities for the promotion of young people's active participation in democratic life, |
| --- | --- |

—

activities for the promotion of young people's active participation in democratic life,

| — | activities for the promotion of intercultural learning and understanding in Europe, |
| --- | --- |

—

activities for the promotion of intercultural learning and understanding in Europe,

| — | media and communication activities and tools on youth and European matters. |
| --- | --- |

—

media and communication activities and tools on youth and European matters.

Neither Erasmus+ National Agencies nor organisations having overwhelmingly Erasmus+ National Agencies as members (2/3 or more) are eligible organisations under this Call.

4.   FUNDING ARRANGEMENTS

The present Call for proposals offers the opportunity to apply for Annual Operating Grants.

Annual Operating Grants focus on short term cooperation at European level. Applications must contain a detailed 12-month work programme (annual work programme) for 2017 together with the information needed to calculate the grant.

The total budget allocated in the year 2017 for the Civil Society Cooperation in the field of Youth is EUR 3 800 000 and it is divided as follows:

—   EUR 3 200 000— reserved for beneficiaries who signed the Framework Partnership Agreements Civil Society Cooperation in the field of Youth in 2015 and therefore not available for this call,

—   EUR 600 000— available for applicants submitting proposals for annual operating grant under the present Call.

The maximum annual operating grant will be EUR 35 000.

By way of indication:

| — | bodies under category 1 (ENGOs) exclusively dedicated to youth will account for about 70 % of the budget available, |
| --- | --- |

—

bodies under category 1 (ENGOs) exclusively dedicated to youth will account for about 70 % of the budget available,

| — | bodies under category 1 (ENGOs) having a broader scope but including a section dedicated to youth will account for about 10 % of the budget available, |
| --- | --- |

—

bodies under category 1 (ENGOs) having a broader scope but including a section dedicated to youth will account for about 10 % of the budget available,

| — | bodies under category 2 (EU-wide networks) exclusively dedicated to youth will account for about 20 % of the budget available. |
| --- | --- |

—

bodies under category 2 (EU-wide networks) exclusively dedicated to youth will account for about 20 % of the budget available.

The Agency reserves the right not to distribute all the funds available.

5.   AWARD CRITERIA

The quality of eligible applications will be assessed on the basis of the following criteria (2):

| — | relevance (maximum 30 points), |
| --- | --- |

—

relevance (maximum 30 points),

| — | quality of the work plan's design and implementation (maximum 20 points), |
| --- | --- |

—

quality of the work plan's design and implementation (maximum 20 points),

| — | profile, number of participants and countries involved in the activities (maximum 20 points), |
| --- | --- |

—

profile, number of participants and countries involved in the activities (maximum 20 points),

| — | impact, dissemination and sustainability (maximum 30 points). |
| --- | --- |

—

impact, dissemination and sustainability (maximum 30 points).

To be considered for funding, proposals must score:

| — | at least 60 points overall, and |
| --- | --- |

—

at least 60 points overall, and

| — | at least half of the maximum points in each of the award criteria mentioned above (15 points for the criteria ‘Relevance’ and ‘Impact, dissemination and sustainability’, 10 points for the criteria ‘Quality of the work plan's design and implementation’ and ‘Profile, number of participants and countries involved in the activities’). |
| --- | --- |

—

at least half of the maximum points in each of the award criteria mentioned above (15 points for the criteria ‘Relevance’ and ‘Impact, dissemination and sustainability’, 10 points for the criteria ‘Quality of the work plan's design and implementation’ and ‘Profile, number of participants and countries involved in the activities’).

6.   SUBMISSION OF APPLICATIONS

Applications must be submitted using an online grant application form (eForm).

The eForm is available in English, French and German at the following internet address:

http://eacea.ec.europa.eu/documents/eforms_en

and must be duly completed in one of the official languages of the EU.

The e-Form duly completed must be submitted online by 29 November 2016, 12.00 (midday, Brussels time) and include the relevant annex (3):

| 1. | Declaration on honour |
| --- | --- |

1.

Declaration on honour

Compulsory additional annexes (4) must be sent by email to the Agency by the same deadline.

7.   ADDITIONAL INFORMATION

Applications must comply with the provisions contained in the Applicants' Guidelines — Call for proposals EACEA/37/2016, available on the internet at the following address:

https://eacea.ec.europa.eu/erasmus-plus/funding/key-action-3-%E2%80%93-support-for-policy-reform-civil-society-cooperation-in-field-youth-eacea372016_en

---

(1)  In addition to the ‘Paris declaration’ youth organisations should take into account in their work programmes the Council conclusions ‘on the role of the youth sector in an integrated and cross-sectorial approach to preventing and combating violent radicalisation of young people’, adopted in 30 May 2016 and the Communication by the Commission ‘on supporting the prevention of radicalisation leading to violent extremism’, adopted on 14 June 2016.

(2)  For more details on the award criteria please refer to Section 9 of the Applicants' Guidelines.

(3)  Any other administrative document required in the Applicants' Guidelines must be sent by email to the Education, Audiovisual and Culture Executive Agency by 29 November 2016 (midday, Brussels time) at the following email address: EACEA-YOUTH@ec.europa.eu.

(4)  For more details on the annexes to submit please refer to Section 14 of the Applicants' Guidelines.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 14.10.2016 | EN | Official Journal of the European Union | C 378/22 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/22

---

Prior notification of a concentration

(Case M.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc.)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 378/11)

| 1. | On 5 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CD&R Reign Topco, Inc. ultimately controlled by Clayton, Dubilier & Rice, Inc. (‘CD&R’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Medical Depot Holdings, Inc., doing business as Drive DeVilbiss Healthcare (‘Drive’, United States), by way of purchase of shares. |
| --- | --- |

1.

On 5 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CD&R Reign Topco, Inc. ultimately controlled by Clayton, Dubilier & Rice, Inc. (‘CD&R’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Medical Depot Holdings, Inc., doing business as Drive DeVilbiss Healthcare (‘Drive’, United States), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for CD&R: an equity investor in management buyouts, strategic minority equity investments and other strategic investments through funds controlling a number of portfolio companies which are active in a variety of economic sectors, globally,
  —   for Drive: manufacturing and distribution of medical equipment, including mobility products, sleep and respiratory products, beds, bariatric products, wheelchairs, sleep surfaces and pressure prevention products, self-assist products, power operated wheelchairs, rehabilitation products, patient room equipment, personal care products and electrotherapy devices, predominantly for patients’ home care needs, globally. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for CD&R: an equity investor in management buyouts, strategic minority equity investments and other strategic investments through funds controlling a number of portfolio companies which are active in a variety of economic sectors, globally,

—   for Drive: manufacturing and distribution of medical equipment, including mobility products, sleep and respiratory products, beds, bariatric products, wheelchairs, sleep surfaces and pressure prevention products, self-assist products, power operated wheelchairs, rehabilitation products, patient room equipment, personal care products and electrotherapy devices, predominantly for patients’ home care needs, globally.

| 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.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc., 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.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc., 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’).

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

---

| 14.10.2016 | EN | Official Journal of the European Union | C 378/23 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/23

---

Prior notification of a concentration

(Case M.8208 — CPPIB/Glencore/Glencore Agri)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 378/12)

| 1. | On 6 October 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Glencore plc (‘Glencore’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Glencore Agriculture Limited (‘Glencore Agri’, Switzerland) by way of purchase of shares. |
| --- | --- |

1.

On 6 October 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Glencore plc (‘Glencore’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Glencore Agriculture Limited (‘Glencore Agri’, Switzerland) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for CPPIB: investment in public equities, private equities, real estate, infrastructure and fixed income instruments,
  —   for Glencore: supply and trading of a wide range of commodities and raw materials, including metals, minerals, oil and oil products, coal and agricultural products around the world. Its customers are commercial firms, active in the automotive, steel, power generation, oil and food processing sectors,
  —   for Glencore Agri: origination and marketing of agricultural products, including grains, oils/oilseeds, cotton, sugar and bio-diesel. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for CPPIB: investment in public equities, private equities, real estate, infrastructure and fixed income instruments,

—   for Glencore: supply and trading of a wide range of commodities and raw materials, including metals, minerals, oil and oil products, coal and agricultural products around the world. Its customers are commercial firms, active in the automotive, steel, power generation, oil and food processing sectors,

—   for Glencore Agri: origination and marketing of agricultural products, including grains, oils/oilseeds, cotton, sugar and bio-diesel.

| 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 the 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 the 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.8208 — CPPIB/Glencore/Glencore Agri, 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.8208 — CPPIB/Glencore/Glencore Agri, 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’).

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

---

| 14.10.2016 | EN | Official Journal of the European Union | C 378/24 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/24

---

Prior notification of a concentration

(Case M.8146 — Carlyle/Schön Klinik)

(Text with EEA relevance)

(2016/C 378/13)

| 1. | On 7 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CGP Peggy SARL (Luxembourg) a special purpose vehicle belonging to the Carlyle Group (‘Carlyle Group’), together with the Schön Family acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Schön Klink SE (Germany) and its direct and indirect subsidiaries and participations (‘Schön Klinik Group’) by way of purchase of shares. |
| --- | --- |

1.

On 7 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CGP Peggy SARL (Luxembourg) a special purpose vehicle belonging to the Carlyle Group (‘Carlyle Group’), together with the Schön Family acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Schön Klink SE (Germany) and its direct and indirect subsidiaries and participations (‘Schön Klinik Group’) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Carlyle: is a global alternative asset manager. It manages funds that invest globally across four investment disciplines: (i) corporate private equity, (ii) real assets, (iii) global market strategies and (iv) investment solutions.
  —   for Schön Klinik Group: private hospital operator for publicly and privately insured patients in Germany which focuses on the acute medical segments mental illnesses, orthopaedics and neurology. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Carlyle: is a global alternative asset manager. It manages funds that invest globally across four investment disciplines: (i) corporate private equity, (ii) real assets, (iii) global market strategies and (iv) investment solutions.

—   for Schön Klinik Group: private hospital operator for publicly and privately insured patients in Germany which focuses on the acute medical segments mental illnesses, orthopaedics and neurology.

| 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.8146 — Carlyle/Schön Klinik, 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.8146 — Carlyle/Schön Klinik, 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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OTHER ACTS

European Commission

| 14.10.2016 | EN | Official Journal of the European Union | C 378/25 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/25

---

INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indications from Colombia and Chile

(2016/C 378/14)

In the framework of the 2012 Trade Agreement between the European Union, and its Member States, and Colombia and Peru (1) and of the 2002 Association Agreement between the European Union and Chile (2), the Colombian and the Chilean authorities have presented the annexed lists of geographical indications, protected as geographical indications in Colombia and in Chile, for protection under the respective Agreements. The European Commission is currently considering whether these geographical indications shall also be protected in the EU.

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

Statements of objection must reach the Commission within two months of the date of this publication.

Statements of objection should be sent to the following email address:

AGRI-A1@ec.europa.eu

Statements of objection 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:

| 1. | 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; |
| --- | --- |

1.

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;

| 2. | 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), Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (4), or contained in the agreements the Union has concluded with the one of the following countries:






  — | Iceland and Norway: Agreement on the European Economic Area (5), |
| --- | --- | --- |

2.

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), Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (4), or contained in the agreements the Union has concluded with the one of the following countries:

—

Iceland and Norway: Agreement on the European Economic Area (5),

| — | USA: Agreement between the European Community and the United States of America on trade in wine (6), |
| --- | --- |

—

USA: Agreement between the European Community and the United States of America on trade in wine (6),

| — | Switzerland: Agreement between the European Community and the Swiss Confederation on trade in agricultural products (7), |
| --- | --- |

—

Switzerland: Agreement between the European Community and the Swiss Confederation on trade in agricultural products (7),

| — | Switzerland: Agreement between the European Union 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 (8), |
| --- | --- |

—

Switzerland: Agreement between the European Union 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 (8),

| — | South Africa: Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (9), |
| --- | --- |

—

South Africa: Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (9),

| — | Cariforum: Economic Partnership Agreement between the Cariforum States, of the one part, and the EU (10), |
| --- | --- |

—

Cariforum: Economic Partnership Agreement between the Cariforum States, of the one part, and the EU (10),

| — | Australia: Agreement between the European Community and Australia on trade in wine (11), |
| --- | --- |

—

Australia: Agreement between the European Community and Australia on trade in wine (11),

| — | Republic of Korea: Council Decision No 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 (12), |
| --- | --- |

—

Republic of Korea: Council Decision No 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 (12),

| — | Canada: Agreement between the European Community and Canada on trade in wines and spirit drinks (13), |
| --- | --- |

—

Canada: Agreement between the European Community and Canada on trade in wines and spirit drinks (13),

| — | Republic of Chile: Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (14), |
| --- | --- |

—

Republic of Chile: Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (14),

| — | Albania: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (15), |
| --- | --- |

—

Albania: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (15),

| — | Peru and Colombia: Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (16), |
| --- | --- |

—

Peru and Colombia: Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (16),

| — | Central America: Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (17), |
| --- | --- |

—

Central America: Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (17),

| — | Bosnia and Herzegovina: Stabilisation and Association Agreement between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (18), |
| --- | --- |

—

Bosnia and Herzegovina: Stabilisation and Association Agreement between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (18),

| — | Serbia: Stabilisation and Association Agreement between the European Community, of the one part, and the Republic of Serbia, of the other part (19), |
| --- | --- |

—

Serbia: Stabilisation and Association Agreement between the European Community, of the one part, and the Republic of Serbia, of the other part (19),

| — | Montenegro: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (20), |
| --- | --- |

—

Montenegro: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (20),

| — | Korea: Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (21), |
| --- | --- |

—

Korea: Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (21),

| — | Georgia: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (22), |
| --- | --- |

—

Georgia: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (22),

| — | Moldova: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (23), |
| --- | --- |

—

Moldova: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (23),

| — | Ukraine: Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (24); |
| --- | --- |

—

Ukraine: Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (24);

| 3. | in the light of a trademark’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; |
| --- | --- |

3.

in the light of a trademark’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;

| 4. | jeopardise the existence of an entirely or partly identical name or of a trademark 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; or |
| --- | --- |

4.

jeopardise the existence of an entirely or partly identical name or of a trademark 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; or

| 5. | if they can give details from which it can be concluded that the name for which protection is considered is generic. |
| --- | --- |

5.

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 protection of these names in the European Union is subject to the successful conclusion of this procedure and the subsequent legal act adding these terms to the above mentioned Agreements.

List of Colombian GIs for agricultural products and foodstuffs (9)
   (25)

| Product category | Name as registered in Colombia |
| --- | --- |
| Coffee | ‘Café de Nariño’ |
| Coffee | ‘Café de Cauca’ |
| Coffee | ‘Café del Huila’ |
| Bread, pastry, cakes, confectionery, biscuits and other baker’s wares | ‘Bizcocho de Achira del Huila’ |
| Cheese | ‘Queso Paipa’ |
| Cheese | ‘Queso del Caquetá’ |
| Flowers and ornamental plants | ‘Clavel de Colombia’ |
| Flowers and ornamental plants | ‘Rosa de Colombia’ |
| Flowers and ornamental plants | ‘Crisantemo de Colombia’ |

Product category

Name as registered in Colombia

Coffee

‘Café de Nariño’

Coffee

‘Café de Cauca’

Coffee

‘Café del Huila’

Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

‘Bizcocho de Achira del Huila’

Cheese

‘Queso Paipa’

Cheese

‘Queso del Caquetá’

Flowers and ornamental plants

‘Clavel de Colombia’

Flowers and ornamental plants

‘Rosa de Colombia’

Flowers and ornamental plants

‘Crisantemo de Colombia’

List of Chilean GIs for agricultural products and foodstuffs (60)

| Product category | Name as registered in Chile |
| --- | --- |
| Wine/sparkling wine | ‘Calera de Tango’ |
| Wine | ‘Calle Larga’ |
| Wine | ‘Cartagena’ |
| Wine | ‘Catemu’ |
| Wine | ‘Colbún’ |
| Wine | ‘Colina’ |
| Wine | ‘Coltauco’ |
| Wine | ‘Curepto’ |
| Wine | ‘Empedrado’ |
| Wine | ‘Hijuelas’ |
| Wine/sparkling wine | ‘La Estrella’ |
| Wine/sparkling wine | ‘La Serena’ |
| Wine | ‘Lampa’ |
| Wine/sparkling wine | ‘Litueche’ |
| Wine | ‘Llaillay’ |
| Wine | ‘Longaví’ |
| Wine | ‘Machalí’ |
| Wine/sparkling wine | ‘Paredones’ |
| Wine | ‘Pumanque’ |
| Wine | ‘Quillota’ |
| Wine/sparkling wine | ‘Región Austral’ |
| Wine | ‘Retiro’ |
| Wine | ‘San Esteban’ |
| Wine | ‘San Felipe’ |
| Wine | ‘Santa María’ |
| Wine/sparkling wine | ‘Santo Domingo’ |
| Wine/sparkling wine | ‘Valle de Osorno’ |
| Wine/sparkling wine | ‘Valle del Cautín’ |
| Wine | ‘Til Til’ |
| Wine | ‘Vichuquén’ |
| Wine/Sparkling wine | ‘Zapallar’ |
| Wine/sparkling wine | ‘Secano Interior’ |
| Wine/sparkling wine | ‘Valle del Itata’ |
| Wine/sparkling wine | ‘Cauquenes’ |
| Wine/sparkling wine | ‘Chillán’ |
| Wine/sparkling wine | ‘Coelemu’ |
| Wine/sparkling wine | ‘Curepto’ |
| Wine/sparkling wine | ‘Linares’ |
| Wine/sparkling wine | ‘Molina’ |
| Wine/sparkling wine | ‘Parral’ |
| Wine/sparkling wine | ‘Pencahue’ |
| Wine/sparkling wine | ‘Portezuelo’ |
| Wine/sparkling wine | ‘Quillón’ |
| Wine/sparkling wine | ‘Rauco’ |
| Wine/sparkling wine | ‘Romeral’ |
| Wine/sparkling wine | ‘Sagrada Familia’ |
| Wine/sparkling wine | ‘San Clemente’ |
| Wine/sparkling wine | ‘San Javier’ |
| Wine/sparkling wine | ‘San Rafael’ |
| Wine/sparkling wine | ‘Talca’ |
| Wine/sparkling wine | ‘Valle de Curicó’ |
| Wine/sparkling wine | ‘Valle de Teno’ |
| Wine/sparkling wine | ‘Valle del Bio Bío’ |
| Wine/sparkling wine | ‘Valle del Claro’ |
| Wine/sparkling wine | ‘Valle del Loncomilla’ |
| Wine/sparkling wine | ‘Valle de Lontué’ |
| Wine/sparkling wine | ‘Valle del Maule’ |
| Wine/sparkling wine | ‘Valle del Tutuvén’ |
| Wine/sparkling wine | ‘Villa Alegre’ |
| Wine/sparkling wine | ‘Yumbel’ |

Product category

Name as registered in Chile

Wine/sparkling wine

‘Calera de Tango’

Wine

‘Calle Larga’

Wine

‘Cartagena’

Wine

‘Catemu’

Wine

‘Colbún’

Wine

‘Colina’

Wine

‘Coltauco’

Wine

‘Curepto’

Wine

‘Empedrado’

Wine

‘Hijuelas’

Wine/sparkling wine

‘La Estrella’

Wine/sparkling wine

‘La Serena’

Wine

‘Lampa’

Wine/sparkling wine

‘Litueche’

Wine

‘Llaillay’

Wine

‘Longaví’

Wine

‘Machalí’

Wine/sparkling wine

‘Paredones’

Wine

‘Pumanque’

Wine

‘Quillota’

Wine/sparkling wine

‘Región Austral’

Wine

‘Retiro’

Wine

‘San Esteban’

Wine

‘San Felipe’

Wine

‘Santa María’

Wine/sparkling wine

‘Santo Domingo’

Wine/sparkling wine

‘Valle de Osorno’

Wine/sparkling wine

‘Valle del Cautín’

Wine

‘Til Til’

Wine

‘Vichuquén’

Wine/Sparkling wine

‘Zapallar’

Wine/sparkling wine

‘Secano Interior’

Wine/sparkling wine

‘Valle del Itata’

Wine/sparkling wine

‘Cauquenes’

Wine/sparkling wine

‘Chillán’

Wine/sparkling wine

‘Coelemu’

Wine/sparkling wine

‘Curepto’

Wine/sparkling wine

‘Linares’

Wine/sparkling wine

‘Molina’

Wine/sparkling wine

‘Parral’

Wine/sparkling wine

‘Pencahue’

Wine/sparkling wine

‘Portezuelo’

Wine/sparkling wine

‘Quillón’

Wine/sparkling wine

‘Rauco’

Wine/sparkling wine

‘Romeral’

Wine/sparkling wine

‘Sagrada Familia’

Wine/sparkling wine

‘San Clemente’

Wine/sparkling wine

‘San Javier’

Wine/sparkling wine

‘San Rafael’

Wine/sparkling wine

‘Talca’

Wine/sparkling wine

‘Valle de Curicó’

Wine/sparkling wine

‘Valle de Teno’

Wine/sparkling wine

‘Valle del Bio Bío’

Wine/sparkling wine

‘Valle del Claro’

Wine/sparkling wine

‘Valle del Loncomilla’

Wine/sparkling wine

‘Valle de Lontué’

Wine/sparkling wine

‘Valle del Maule’

Wine/sparkling wine

‘Valle del Tutuvén’

Wine/sparkling wine

‘Villa Alegre’

Wine/sparkling wine

‘Yumbel’

---

(1)  OJ L 354, 21.12.2012, p. 3.

(2)  OJ L 352, 30.12.2002, p. 3.

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

(4)  OJ L 347, 20.12.2013, p. 671.

(5)  OJ L 1, 3.1.1994, p. 3.

(6)  OJ L 87, 24.3.2006, p. 2.

(7)  OJ L 114, 30.4.2002, p. 132.

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

(9)  OJ L 250, 16.9.2016, p. 3.

(10)  OJ L 289, 30.10.2008, p. 3.

(11)  OJ L 28, 30.1.2009, p. 3.

(12)  OJ L 127, 14.5.2011, p. 1.

(13)  OJ L 35, 6.2.2004, p. 3.

(14)  OJ L 352, 30.12.2002, p. 1.

(15)  OJ L 107, 28.4.2009, p. 166.

(16)  OJ L 354, 21.12.2012, p. 1.

(17)  OJ L 346, 15.12.2012, p. 1.

(18)  OJ L 164, 30.6.2015, p. 2.

(19)  OJ L 278, 18.10.2013, p. 16.

(20)  OJ L 108, 29.4.2010, p. 3.

(21)  OJ L 127, 14.5.2011, p. 6.

(22)  OJ L 261, 30.8.2014, p. 4.

(23)  OJ L 260, 30.8.2014, p. 4.

(24)  OJ L 161, 29.5.2014, p. 3.

(25)  List provided by Colombia and Chile respectively.

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