# Official Journal C 457/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 457 |
| | |
| English edition | Information and Notices | Volume 598 December 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 457

English edition

Information and Notices

Volume 598 December 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 457/01 | Non-opposition to a notified concentration (Case M.8083 — Merck/Sanofi Pasteur MSD) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 457/01

Non-opposition to a notified concentration (Case M.8083 — Merck/Sanofi Pasteur MSD) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 457/02 | Euro exchange rates | 2 |
| 2016/C 457/03 | Commission Implementing Decision of 7 December 2016 on the publication in the Official Journal of the European Union of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector (Darnibole (PDO)) | 3 |
| 2016/C 457/04 | Explanatory Notes to the Combined Nomenclature of the European Union | 6 |
| | Court of Auditors |
| 2016/C 457/05 | Special Report No 32/2016 — EU assistance to Ukraine | 7 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2016/C 457/06 | Public holidays in 2017: EEA EFTA States and EEA institutions | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 457/02

Euro exchange rates

2

2016/C 457/03

Commission Implementing Decision of 7 December 2016 on the publication in the Official Journal of the European Union of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector (Darnibole (PDO))

Official Journal of the European Union

3

2016/C 457/04

Explanatory Notes to the Combined Nomenclature of the European Union

6

Court of Auditors

2016/C 457/05

Special Report No 32/2016 — EU assistance to Ukraine

7

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2016/C 457/06

Public holidays in 2017: EEA EFTA States and EEA institutions

8

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2016/C 457/07 | Notice of open competitions | 10 |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2016/C 457/08 | Judgment of the Court of 2 October 2015 in Case E-3/15 — Liechtensteinische Gesellschaft für Umweltschutz v Gemeinde Vaduz (Municipality of Vaduz) (Directive 2011/92/EU on environmental impact assessment of public and private projects — Article 11 — Right of access to a judicial review procedure — Effect of EEA law in national legal orders — Principles of equivalence and effectiveness) | 11 |
| 2016/C 457/09 | Order of the President of 7 October 2015 in Joined Cases E-8/15 and E-9/15, Financial Services and Compensation Scheme Limited v The Depositors' and Investors' Guarantee Fund and De Nederlandsche Bank N.V. v The Depositors' and Investors' Guarantee Fund | 12 |
| 2016/C 457/10 | Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht, Liechtenstein, dated 25 September 2015, in the Case of Walter Waller v Liechtensteinische Invalidenversicherung (Case E-24/15) | 12 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 457/11 | Prior notification of a concentration (Case M.8267 — Everis Initiatives/Bankia/Nettit Collaborative Payment) — Candidate case for simplified procedure (
  1
  ) | 13 |
| 2016/C 457/12 | Prior notification of a concentration (Case M.8302 — Koch Industries/Guardian Industries) — Candidate case for simplified procedure (
  1
  ) | 14 |
| 2016/C 457/13 | Prior notification of a concentration (Case M.8319 — CEFCI/JSC KazMunaiGaz/Rompetrol France) — Candidate case for simplified procedure (
  1
  ) | 15 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2016/C 457/07

Notice of open competitions

10

COURT PROCEEDINGS

EFTA Court

2016/C 457/08

Judgment of the Court of 2 October 2015 in Case E-3/15 — Liechtensteinische Gesellschaft für Umweltschutz v Gemeinde Vaduz (Municipality of Vaduz) (Directive 2011/92/EU on environmental impact assessment of public and private projects — Article 11 — Right of access to a judicial review procedure — Effect of EEA law in national legal orders — Principles of equivalence and effectiveness)

(Directive 2011/92/EU on environmental impact assessment of public and private projects — Article 11 — Right of access to a judicial review procedure — Effect of EEA law in national legal orders — Principles of equivalence and effectiveness)

11

2016/C 457/09

Order of the President of 7 October 2015 in Joined Cases E-8/15 and E-9/15, Financial Services and Compensation Scheme Limited v The Depositors' and Investors' Guarantee Fund and De Nederlandsche Bank N.V. v The Depositors' and Investors' Guarantee Fund

12

2016/C 457/10

Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht, Liechtenstein, dated 25 September 2015, in the Case of Walter Waller v Liechtensteinische Invalidenversicherung (Case E-24/15)

12

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 457/11

Prior notification of a concentration (Case M.8267 — Everis Initiatives/Bankia/Nettit Collaborative Payment) — Candidate case for simplified procedure (
  1
  )

1

13

2016/C 457/12

Prior notification of a concentration (Case M.8302 — Koch Industries/Guardian Industries) — Candidate case for simplified procedure (
  1
  )

1

14

2016/C 457/13

Prior notification of a concentration (Case M.8319 — CEFCI/JSC KazMunaiGaz/Rompetrol France) — Candidate case for simplified procedure (
  1
  )

1

15

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.12.2016 | EN | Official Journal of the European Union | C 457/1 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/1

---

Non-opposition to a notified concentration

(Case M.8083 — Merck/Sanofi Pasteur MSD)

(Text with EEA relevance)

(2016/C 457/01)

On 15 November 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8083. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8083. EUR-Lex is the online access to European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.12.2016 | EN | Official Journal of the European Union | C 457/2 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/2

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Euro exchange rates (1)

7 December 2016

(2016/C 457/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0730 |
| JPY | Japanese yen | 122,42 |
| DKK | Danish krone | 7,4378 |
| GBP | Pound sterling | 0,85095 |
| SEK | Swedish krona | 9,7735 |
| CHF | Swiss franc | 1,0834 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9908 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,036 |
| HUF | Hungarian forint | 312,98 |
| PLN | Polish zloty | 4,4280 |
| RON | Romanian leu | 4,4980 |
| TRY | Turkish lira | 3,6683 |
| AUD | Australian dollar | 1,4408 |
| CAD | Canadian dollar | 1,4242 |
| HKD | Hong Kong dollar | 8,3229 |
| NZD | New Zealand dollar | 1,5022 |
| SGD | Singapore dollar | 1,5218 |
| KRW | South Korean won | 1 247,57 |
| ZAR | South African rand | 14,5531 |
| CNY | Chinese yuan renminbi | 7,3836 |
| HRK | Croatian kuna | 7,5378 |
| IDR | Indonesian rupiah | 14 297,73 |
| MYR | Malaysian ringgit | 4,7555 |
| PHP | Philippine peso | 53,259 |
| RUB | Russian rouble | 68,3924 |
| THB | Thai baht | 38,231 |
| BRL | Brazilian real | 3,6457 |
| MXN | Mexican peso | 21,8094 |
| INR | Indian rupee | 72,5830 |

Currency

Exchange rate

USD

US dollar

1,0730

JPY

Japanese yen

122,42

DKK

Danish krone

7,4378

GBP

Pound sterling

0,85095

SEK

Swedish krona

9,7735

CHF

Swiss franc

1,0834

ISK

Iceland króna

NOK

Norwegian krone

8,9908

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,036

HUF

Hungarian forint

312,98

PLN

Polish zloty

4,4280

RON

Romanian leu

4,4980

TRY

Turkish lira

3,6683

AUD

Australian dollar

1,4408

CAD

Canadian dollar

1,4242

HKD

Hong Kong dollar

8,3229

NZD

New Zealand dollar

1,5022

SGD

Singapore dollar

1,5218

KRW

South Korean won

1 247,57

ZAR

South African rand

14,5531

CNY

Chinese yuan renminbi

7,3836

HRK

Croatian kuna

7,5378

IDR

Indonesian rupiah

14 297,73

MYR

Malaysian ringgit

4,7555

PHP

Philippine peso

53,259

RUB

Russian rouble

68,3924

THB

Thai baht

38,231

BRL

Brazilian real

3,6457

MXN

Mexican peso

21,8094

INR

Indian rupee

72,5830

---

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

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| 8.12.2016 | EN | Official Journal of the European Union | C 457/3 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/3

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COMMISSION IMPLEMENTING DECISION

of 7 December 2016

on the publication in the Official Journal of the European Union of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector

(Darnibole (PDO))

(2016/C 457/03)

THE EUROPEAN COMMISSION,

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

Having regard to 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 and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 97(3) thereof,

Whereas:

| (1) | The United Kingdom has applied for protection of the name ‘Darnibole’ in accordance with the provisions of Regulation (EU) No 1308/2013 on the protection of designations of origin and geographical indications in the wine sector. In accordance with Article 97(2) of that Regulation, the United Kingdom’s application was examined by the Commission. |
| --- | --- |

(1)

The United Kingdom has applied for protection of the name ‘Darnibole’ in accordance with the provisions of Regulation (EU) No 1308/2013 on the protection of designations of origin and geographical indications in the wine sector. In accordance with Article 97(2) of that Regulation, the United Kingdom’s application was examined by the Commission.

| (2) | The conditions laid down in Articles 93 to 96, Article 97(1), and Articles 100 to 102 of Regulation (EU) No 1308/2013 are met. |
| --- | --- |

(2)

The conditions laid down in Articles 93 to 96, Article 97(1), and Articles 100 to 102 of Regulation (EU) No 1308/2013 are met.

| (3) | In order to allow for the submission of statements of objection in accordance with Article 98 of Regulation (EU) No 1308/2013, the Official Journal of the European Union should therefore publish the single document referred to in Article 94(1)(d) of that Regulation and the publication reference of the product specification made in the course of the preliminary national procedure for examining the application for protection of the name ‘Darnibole’, |
| --- | --- |

(3)

In order to allow for the submission of statements of objection in accordance with Article 98 of Regulation (EU) No 1308/2013, the Official Journal of the European Union should therefore publish the single document referred to in Article 94(1)(d) of that Regulation and the publication reference of the product specification made in the course of the preliminary national procedure for examining the application for protection of the name ‘Darnibole’,

HAS DECIDED AS FOLLOWS:

Sole Article

The single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 and the publication reference of the product specification for the name ‘Darnibole’ (PDO) are set out in the Annex to this Decision.

In accordance with Article 98 of Regulation (EU) No 1308/2013, the publication of this decision confers the right to object to the protection of the name specified in the first paragraph of this Article within two months from the date of its publication.

Done at Brussels, 7 December 2016.

For the Commission

Phil HOGAN

Member of the Commission

---

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

1

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ANNEX

SINGLE DOCUMENT

1.   Name(s) to be registered

Darnibole

2.   Geographical indication type

PDO — Protected Designation of Origin

3.   Categories of grapevine products

| 1. | Wine |
| --- | --- |

1.

Wine

4.   Description of the wine(s)

Clean, clear, and bright liquid, light in colour, very pale, a hint of green/lemon when swirled in the glass. Clean and fresh, medium aromatics with an expression of the Bacchus grape variety, mineral, almost smoky quality. Whistle-clean, bone-dry Bacchus with a white-pepper edge. In addition, some or all of the following:

Fresh with an expression of minerality providing for apple or gooseberry notes beginning at the front and persisting throughout. Occasionally, notes of cumquat and white peach appear and grassy notes at the end. Less obviously fruit-driven and more mineral than other Bacchus.

General analytical characteristics

| Maximum total alcoholic strength (in % volume) | 15 |
| --- | --- |
| Minimum actual alcoholic strength (in % volume) | 10 |
| Minimum total acidity | 6 in grams per litre expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 18 |
| Maximum total sulphur dioxide (in milligrams per litre) | 150 |

Maximum total alcoholic strength (in % volume)

15

Minimum actual alcoholic strength (in % volume)

10

Minimum total acidity

6 in grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

18

Maximum total sulphur dioxide (in milligrams per litre)

150

5.   Wine making practices

(a)   Essential oenological practices

Specific oenological practice:

| — | Conveyer allowing quality grape selection. |
| --- | --- |

—

Conveyer allowing quality grape selection.

| — | Maximum pneumatic pressing pressure 1,5 bar. |
| --- | --- |

—

Maximum pneumatic pressing pressure 1,5 bar.

| — | Cool ferment at 16 °C and maximum temperature 18 °C. |
| --- | --- |

—

Cool ferment at 16 °C and maximum temperature 18 °C.

| — | Darnibole must be made in the adjoining winery at Camel Valley. |
| --- | --- |

—

Darnibole must be made in the adjoining winery at Camel Valley.

No animal products can be used for any part of the processes, e.g. no gelatine.

Relevant restriction on making the wines:

Hand picking, crushing to begin within 2 hours of the completion of picking, roller crushing, bladder pneumatic pressing, cold settling at 4 °C, gentle racking, aromatic yeast, cold ferment at 16 °C, racking at SG 1000, ferment to dry, fining, no animal products, protein and tartrate stability, sterile filtration, pre-bottling analysis, bottling under screw cap. Thorough keeping of records.

Cultural practice:

Single or double Guyot hand-pruned training system. Hand shoot thinning as appropriate, vine leaf wall trimming and fruit/leaf cluster removal as appropriate. Hand picking, quality fruit selection.

(b)   Maximum yields

Tonnes and hectolitres:

8 000 kilograms of grapes per hectare

6.   Demarcated area

The whole 5 hectare area, demarcated as Darnibole, is based on an area of ancient slate subsoil bordered to the west by a marked soil change to alluvial sand (the old River Camel river bed) and, to the east, the land levels out providing for not enough of a steep slope, with the aspect also starting to face slightly east of south. To the south, Darnibole is again bordered by the River Camel’s old riverbed of sand while above, to the north, the land is above the optimum thermal band. The disused railway (now the Camel Trail) demarcates the southern boundary. Darnibole is an ancient name for Delabole, a nearby slate quarry.

7.   Main wine grapes

Bacchus

8.   Description of the link(s)

Darnibole is situated exactly in the centre of Cornwall. The area has ideal rainfall and Darnibole is placed directly in the warmest thermal band of the Camel Valley. The whole 5 hectare area demarcated as Darnibole is based on an area of ancient Devonian soil and slate subsoil. Ancient slate subsoils are famous globally, particularly in Germany, for their beneficial effect on grape production and wine quality. Maximum yields are drawn from experience. Distinctive intensity, flavour, mouthfeel and finish is due to the long growing season with a lower average summer peak temperature, giving a restrained, fine, mineral quality and an apple or gooseberry character.

9.   Essential further conditions

Legal framework:

In EU legislation.

Type of further condition:

Packaging within the demarcated area.

Description of the condition:

No bottling restrictions apply.

Link to the product specification

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/82477/darnibole-specification.pdf

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| 8.12.2016 | EN | Official Journal of the European Union | C 457/6 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/6

---

Explanatory Notes to the Combined Nomenclature of the European Union

(2016/C 457/04)

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

On page 328, the following text is inserted:

| ‘8474 80 90 | Other

  This subheading includes 3D printers for making articles from the materials referred to in the heading 8474.’ |
| --- | --- |

‘8474 80 90

Other

This subheading includes 3D printers for making articles from the materials referred to in the heading 8474.’

---

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

1

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

2

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Court of Auditors

| 8.12.2016 | EN | Official Journal of the European Union | C 457/7 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/7

---

Special Report No 32/2016

‘EU assistance to Ukraine’

(2016/C 457/05)

The European Court of Auditors hereby informs you that Special Report No 32/2016 ‘EU assistance to Ukraine’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 8.12.2016 | EN | Official Journal of the European Union | C 457/8 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/8

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Public holidays in 2017: EEA EFTA States and EEA institutions

(2016/C 457/06)

| | Iceland | Liechtenstein | Norway | EFTA Surveillance Authority | EFTA Court |
| --- | --- | --- | --- | --- | --- |
| 2 January | | X | | X | X |
| 6 January | | X | | | |
| 2 February | | X | | | |
| 27 February | | | | | X |
| 28 February | | X | | | |
| 19 March | | X | | | |
| 13 April | X | | X | X | X |
| 14 April | X | X | X | X | X |
| 17 April | X | X | X | X | X |
| 20 April | X | | | | |
| 1 May | X | X | X | X | X |
| 17 May | | | X | | |
| 25 May | X | X | X | X | X |
| 26 May | | | | X | X |
| 5 June | X | X | X | X | X |
| 15 June | | X | | | |
| 17 June | X | | | | |
| 23 June | | | | | X |
| 7 August | X | | | | |
| 14 August | | | | | X |
| 15 August | | X | | X | X |
| 4 September | | | | | X |
| 8 September | | X | | | |
| 1 November | | X | | X | X |
| 2 November | | | | | X |
| 8 December | | X | | | |
| 25 December | X | X | X | X | X |
| 26 December | X | X | X | X | X |
| 27 December | | | | X | X |
| 28 December | | | | X | X |
| 29 December | | | | X | X |

Iceland

Liechtenstein

Norway

EFTA Surveillance Authority

EFTA Court

2 January

X

X

X

6 January

X

2 February

X

27 February

X

28 February

X

19 March

X

13 April

X

X

X

X

14 April

X

X

X

X

X

17 April

X

X

X

X

X

20 April

X

1 May

X

X

X

X

X

17 May

X

25 May

X

X

X

X

X

26 May

X

X

5 June

X

X

X

X

X

15 June

X

17 June

X

23 June

X

7 August

X

14 August

X

15 August

X

X

X

4 September

X

8 September

X

1 November

X

X

X

2 November

X

8 December

X

25 December

X

X

X

X

X

26 December

X

X

X

X

X

27 December

X

X

28 December

X

X

29 December

X

X

Public holidays falling on Saturdays and Sundays are not listed.

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V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 8.12.2016 | EN | Official Journal of the European Union | C 457/10 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/10

---

Notice of open competitions

(2016/C 457/07)

The European Personnel Selection Office (EPSO) is organising the following open competitions:

| | EPSO/AD/332/16 — SPANISH-LANGUAGE (ES) LAWYER-LINGUISTS (AD 7) |
| --- | --- |

EPSO/AD/332/16 — SPANISH-LANGUAGE (ES) LAWYER-LINGUISTS (AD 7)

| | EPSO/AD/333/16 — GREEK-LANGUAGE (EL) LAWYER-LINGUISTS (AD 7) |
| --- | --- |

EPSO/AD/333/16 — GREEK-LANGUAGE (EL) LAWYER-LINGUISTS (AD 7)

| | EPSO/AD/334/16 — ITALIAN-LANGUAGE (IT) LAWYER-LINGUISTS (AD 7) |
| --- | --- |

EPSO/AD/334/16 — ITALIAN-LANGUAGE (IT) LAWYER-LINGUISTS (AD 7)

| | EPSO/AD/335/16 — LITHUANIAN-LANGUAGE (LT) LAWYER-LINGUISTS (AD 7) |
| --- | --- |

EPSO/AD/335/16 — LITHUANIAN-LANGUAGE (LT) LAWYER-LINGUISTS (AD 7)

| | EPSO/AD/336/16 — MALTESE-LANGUAGE (MT) LAWYER-LINGUISTS (AD 7) |
| --- | --- |

EPSO/AD/336/16 — MALTESE-LANGUAGE (MT) LAWYER-LINGUISTS (AD 7)

| | EPSO/AD/337/16 — SWEDISH-LANGUAGE (SV) LAWYER-LINGUISTS (AD 7) |
| --- | --- |

EPSO/AD/337/16 — SWEDISH-LANGUAGE (SV) LAWYER-LINGUISTS (AD 7)

The competition notice is published in 24 languages in
  Official Journal of the European Union C 457 A of 8 December 2016.

Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/

---

COURT PROCEEDINGS

EFTA Court

| 8.12.2016 | EN | Official Journal of the European Union | C 457/11 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/11

---

JUDGMENT OF THE COURT

of 2 October 2015

in Case E-3/15

Liechtensteinische Gesellschaft für Umweltschutz v Gemeinde Vaduz (Municipality of Vaduz)

(Directive 2011/92/EU on environmental impact assessment of public and private projects — Article 11 — Right of access to a judicial review procedure — Effect of EEA law in national legal orders — Principles of equivalence and effectiveness)

(2016/C 457/08)

In Case E-3/15, Liechtensteinische Gesellschaft für Umweltschutz and Gemeinde Vaduz (Municipality of Vaduz) – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the State Court of the Principality of Liechtenstein (Staatsgerichtshof des Fürstentums Liechtenstein) concerning the interpretation of Article 11 of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 2 October 2015, the operative part of which is as follows:

| 1. | Liechtenstein was under an obligation to implement Directive 2011/92/EU pursuant to Decision No 230/2012 of 7 December 2012 of the EEA Joint Committee and apply it to the environmental impact assessment procedure at issue in the main proceedings. |
| --- | --- |

1.

Liechtenstein was under an obligation to implement Directive 2011/92/EU pursuant to Decision No 230/2012 of 7 December 2012 of the EEA Joint Committee and apply it to the environmental impact assessment procedure at issue in the main proceedings.

| 2. | It is not compatible with Article 11 of Directive 2011/92/EU to adopt a general environmental impact assessment decision, while deferring the resolution of crucial issues relating to the project’s environmental effects such as those set out in Article 5(3) of Directive 2011/92/EU to subsequent authorisation procedures with no access for non-governmental organisations promoting environmental protection to a review procedure before a judicial body. Whether crucial issues are at stake in this case is for the national court to decide. |
| --- | --- |

2.

It is not compatible with Article 11 of Directive 2011/92/EU to adopt a general environmental impact assessment decision, while deferring the resolution of crucial issues relating to the project’s environmental effects such as those set out in Article 5(3) of Directive 2011/92/EU to subsequent authorisation procedures with no access for non-governmental organisations promoting environmental protection to a review procedure before a judicial body. Whether crucial issues are at stake in this case is for the national court to decide.

| 3. | EEA law does not require that non-implemented EEA rules can be relied on directly before national courts in the EFTA States. However, it follows from EEA law that when interpreting national rules the national court is bound to apply, as far as possible, the methods of interpretation recognised by national law in order to achieve the result sought by Directive 2011/92/EU. This obligation arises on the day the respective legal act is made part of the EEA Agreement. |
| --- | --- |

3.

EEA law does not require that non-implemented EEA rules can be relied on directly before national courts in the EFTA States. However, it follows from EEA law that when interpreting national rules the national court is bound to apply, as far as possible, the methods of interpretation recognised by national law in order to achieve the result sought by Directive 2011/92/EU. This obligation arises on the day the respective legal act is made part of the EEA Agreement.

| 4. | It is for the referring court, in the light of the principles of equivalence and effectiveness, to determine the remedies that are available for an infringement of Article 11 of Directive 2011/92/EU. |
| --- | --- |

4.

It is for the referring court, in the light of the principles of equivalence and effectiveness, to determine the remedies that are available for an infringement of Article 11 of Directive 2011/92/EU.

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| 8.12.2016 | EN | Official Journal of the European Union | C 457/12 |
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ORDER OF THE PRESIDENT

of 7 October 2015

in Joined Cases E-8/15 and E-9/15,

Financial Services and Compensation Scheme Limited v The Depositors' and Investors' Guarantee Fund and De Nederlandsche Bank N.V. v The Depositors' and Investors' Guarantee Fund

(2016/C 457/09)

Requests to the Court from Héraðsdómur Reykjavíkur (Reykjavík District Court) for Advisory Opinions under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, the President of the Court made an Order of 7 October 2015, the operative part of which is as follows:

Joined Cases E-8/15 and E-9/15 are removed from the Register.

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| 8.12.2016 | EN | Official Journal of the European Union | C 457/12 |
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Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht, Liechtenstein, dated 25 September 2015, in the Case of Walter Waller v Liechtensteinische Invalidenversicherung

(Case E-24/15)

(2016/C 457/10)

A request has been made to the EFTA Court by a letter dated 25 September 2015 from Fürstliches Obergericht, Liechtenstein (Princely Court of Appeal, Liechtenstein), which was received at the Court Registry on 1 October 2015, for an Advisory Opinion in the case of Walter Waller v Liechtensteinische Invalidenversicherung, on the following questions:

| 1. | Does the fact that under the second sentence of Article 87(2) of Regulation (EC) No 987/2009 the debtor institution shall be bound by the findings of the institution of the place of stay or residence preclude the debtor institution from challenging those findings – and thus the information stated in the detailed medical report provided in form E 213 – in its procedure? |
| --- | --- |

1.

Does the fact that under the second sentence of Article 87(2) of Regulation (EC) No 987/2009 the debtor institution shall be bound by the findings of the institution of the place of stay or residence preclude the debtor institution from challenging those findings – and thus the information stated in the detailed medical report provided in form E 213 – in its procedure?

| 2. | If the answer to the first question is in the affirmative: Does that binding effect also apply in court proceedings which, under national procedural rules, follow on from the proceedings before a debtor institution? |
| --- | --- |

2.

If the answer to the first question is in the affirmative: Does that binding effect also apply in court proceedings which, under national procedural rules, follow on from the proceedings before a debtor institution?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 8.12.2016 | EN | Official Journal of the European Union | C 457/13 |
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Prior notification of a concentration

(Case M.8267 — Everis Initiatives/Bankia/Nettit Collaborative Payment)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 457/11)

| 1. | On 28 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which the undertakings Everis Initiatives, SL (‘Everis’, Spain), belonging to the Japanese group NTT Data (‘NTT’, Japan), and Bankia, SA (‘Bankia’, Spain), controlled by the Fondo de Reestructuración Ordenada Bancaria (‘FROB’, Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Nettit Collaborative Payment, SL (‘Nettit’, Spain), until now under the sole control of Everis. As part of the proposed transaction, Bankia will increase the share capital of Nettit by way of purchase of shares. |
| --- | --- |

1.

On 28 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which the undertakings Everis Initiatives, SL (‘Everis’, Spain), belonging to the Japanese group NTT Data (‘NTT’, Japan), and Bankia, SA (‘Bankia’, Spain), controlled by the Fondo de Reestructuración Ordenada Bancaria (‘FROB’, Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Nettit Collaborative Payment, SL (‘Nettit’, Spain), until now under the sole control of Everis. As part of the proposed transaction, Bankia will increase the share capital of Nettit by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | Everis is a multinational consultancy firm that provides business solutions, strategy, development and maintenance of technology applications, and IT outsourcing services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Everis is a multinational consultancy firm that provides business solutions, strategy, development and maintenance of technology applications, and IT outsourcing services,

| — | NTT is primarily active in the IT sector, with a particular focus on telecommunications services, consultancy, systems development and the outsourcing of IT services, |
| --- | --- |

—

NTT is primarily active in the IT sector, with a particular focus on telecommunications services, consultancy, systems development and the outsourcing of IT services,

| — | Bankia is a financial institution whose sectors of activity include financial services, insurance, asset management, lending, and property development and management, |
| --- | --- |

—

Bankia is a financial institution whose sectors of activity include financial services, insurance, asset management, lending, and property development and management,

| — | FROB is a public fund that is currently controlled by the Spanish Government, |
| --- | --- |

—

FROB is a public fund that is currently controlled by the Spanish Government,

| — | Nettit is a start-up company engaged in the development and marketing of supply chain finance (SCF) services, specifically the provision of a number of payment and financial intermediation services. |
| --- | --- |

—

Nettit is a start-up company engaged in the development and marketing of supply chain finance (SCF) services, specifically the provision of a number of payment and financial intermediation services.

| 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 the 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 the Notice.

| 4. | The Commission invites interested third parties to submit any observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of publication of this notification. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8267 — Everis Initiatives/Bankia/Nettit Collaborative Payment, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of publication of this notification. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8267 — Everis Initiatives/Bankia/Nettit Collaborative Payment, 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.

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| 8.12.2016 | EN | Official Journal of the European Union | C 457/14 |
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Prior notification of a concentration

(Case M.8302 — Koch Industries/Guardian Industries)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 457/12)

| 1. | On 1 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koch Industries, Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Guardian Industries Corp. (United States) by way of purchase of shares. |
| --- | --- |

1.

On 1 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koch Industries, Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Guardian Industries Corp. (United States) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Koch Industries, Inc.: refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy, ranching, and investments.
  —   for Guardian Industries Corp.: worldwide in manufacturing float glass, fabricated glass products and coated injection moulded plastic parts for automotive and other applications, and in the United States distributing building materials for commercial and residential applications. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Koch Industries, Inc.: refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy, ranching, and investments.

—   for Guardian Industries Corp.: worldwide in manufacturing float glass, fabricated glass products and coated injection moulded plastic parts for automotive and other applications, and in the United States distributing building materials for commercial and residential applications.

| 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.8302 — Koch Industries/Guardian Industries, 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.8302 — Koch Industries/Guardian Industries, 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.

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| 8.12.2016 | EN | Official Journal of the European Union | C 457/15 |
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Prior notification of a concentration

(Case M.8319 — CEFCI/JSC KazMunaiGaz/Rompetrol France)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 457/13)

| 1. | On 1 December 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 CEFC International Limited (‘CEFCI’, Singapore) and JSC National Company KazMunaiGaz (‘NC KMG’, Kazakhstan) will acquire joint control within the meaning of Article 3(1)(b) of the Merger Regulation of Rompetrol France SAS (‘Rompetrol France’, France) by way of purchase of shares. |
| --- | --- |

1.

On 1 December 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 CEFC International Limited (‘CEFCI’, Singapore) and JSC National Company KazMunaiGaz (‘NC KMG’, Kazakhstan) will acquire joint control within the meaning of Article 3(1)(b) of the Merger Regulation of Rompetrol France SAS (‘Rompetrol France’, France) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | CEFCI is an investment holding company listed on the Main Board of the Singapore Exchange and it is primarily engaged in the trading of petrochemical, fuel oil, and petroleum products. CEFCI has operations in Singapore, Hong Kong, Japan, Malaysia, and China, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

CEFCI is an investment holding company listed on the Main Board of the Singapore Exchange and it is primarily engaged in the trading of petrochemical, fuel oil, and petroleum products. CEFCI has operations in Singapore, Hong Kong, Japan, Malaysia, and China,

| — | NC KMG is active in the refining and marketing of crude oil products, as well as in the exploration, development, production, processing, transport and export of crude oil and gas. The company is owned by the Republic of Kazakhstan, |
| --- | --- |

—

NC KMG is active in the refining and marketing of crude oil products, as well as in the exploration, development, production, processing, transport and export of crude oil and gas. The company is owned by the Republic of Kazakhstan,

| — | Rompetrol France is the holding company of Dyneff SAS (‘Dyneff’). Dyneff imports, stores, and distributes petroleum products for businesses, individuals/public, and local authorities. The company offers diesel products, fuel oils, biofuels, ethanol products, natural gas and domestic heating oils. It serves customers through a network of gas stations, wholesale distribution agencies, and retail agencies in France and Spain. |
| --- | --- |

—

Rompetrol France is the holding company of Dyneff SAS (‘Dyneff’). Dyneff imports, stores, and distributes petroleum products for businesses, individuals/public, and local authorities. The company offers diesel products, fuel oils, biofuels, ethanol products, natural gas and domestic heating oils. It serves customers through a network of gas stations, wholesale distribution agencies, and retail agencies in France and Spain.

| 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.8319 — CEFCI/JSC KazMunaiGaz/Rompetrol France, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussels |
| 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.8319 — CEFCI/JSC KazMunaiGaz/Rompetrol France, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussels

BELGIQUE/BELGIË

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

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

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