# Official Journal C 16/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 16 |
| | |
| English edition | Information and Notices | Volume 6118 January 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 16

English edition

Information and Notices

Volume 6118 January 2018

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 16/01 | Euro exchange rates | 1 |
| 2018/C 16/02 | Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
   (
  1
  ) | 2 |
| 2018/C 16/03 | New national side of euro coins intended for circulation | 3 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 16/01

Euro exchange rates

1

2018/C 16/02

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
   (
  1
  )

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

1

2

2018/C 16/03

New national side of euro coins intended for circulation

3

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2018/C 16/04 | Judgment of the Court of 13 September 2017 in Case E-15/16 — Yara International ASA v The Norwegian Government (Freedom of establishment — Articles 31 and 34 EEA — Necessity — National rules on intra-group contributions — Balanced allocation of taxation powers — Final loss exception — Risk of tax avoidance — Wholly artificial arrangement — Prohibition of abuse of rights) | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 16/05 | Prior notification of a concentration (Case M.8757 — Nordic Capital/Alloheim) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2018/C 16/06 | Prior notification of a concentration (Case M.8781 — Waterland/De Nederlandse Energie Maatschappij) — Candidate case for simplified procedure (
  1
  ) | 7 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2018/C 16/04

Judgment of the Court of 13 September 2017 in Case E-15/16 — Yara International ASA v The Norwegian Government (Freedom of establishment — Articles 31 and 34 EEA — Necessity — National rules on intra-group contributions — Balanced allocation of taxation powers — Final loss exception — Risk of tax avoidance — Wholly artificial arrangement — Prohibition of abuse of rights)

(Freedom of establishment — Articles 31 and 34 EEA — Necessity — National rules on intra-group contributions — Balanced allocation of taxation powers — Final loss exception — Risk of tax avoidance — Wholly artificial arrangement — Prohibition of abuse of rights)

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 16/05

Prior notification of a concentration (Case M.8757 — Nordic Capital/Alloheim) — Candidate case for simplified procedure (
  1
  )

1

5

2018/C 16/06

Prior notification of a concentration (Case M.8781 — Waterland/De Nederlandse Energie Maatschappij) — Candidate case for simplified procedure (
  1
  )

1

7

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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

European Commission

| 18.1.2018 | EN | Official Journal of the European Union | C 16/1 |
| --- | --- | --- | --- |

18.1.2018

EN

Official Journal of the European Union

C 16/1

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Euro exchange rates (1)

17 January 2018

(2018/C 16/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2203 |
| JPY | Japanese yen | 135,21 |
| DKK | Danish krone | 7,4469 |
| GBP | Pound sterling | 0,88568 |
| SEK | Swedish krona | 9,8425 |
| CHF | Swiss franc | 1,1774 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,6220 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,447 |
| HUF | Hungarian forint | 308,77 |
| PLN | Polish zloty | 4,1713 |
| RON | Romanian leu | 4,6571 |
| TRY | Turkish lira | 4,6654 |
| AUD | Australian dollar | 1,5314 |
| CAD | Canadian dollar | 1,5185 |
| HKD | Hong Kong dollar | 9,5415 |
| NZD | New Zealand dollar | 1,6800 |
| SGD | Singapore dollar | 1,6153 |
| KRW | South Korean won | 1 303,65 |
| ZAR | South African rand | 15,0524 |
| CNY | Chinese yuan renminbi | 7,8528 |
| HRK | Croatian kuna | 7,4266 |
| IDR | Indonesian rupiah | 16 302,02 |
| MYR | Malaysian ringgit | 4,8340 |
| PHP | Philippine peso | 62,017 |
| RUB | Russian rouble | 69,3859 |
| THB | Thai baht | 39,001 |
| BRL | Brazilian real | 3,9497 |
| MXN | Mexican peso | 22,9386 |
| INR | Indian rupee | 78,0110 |

Currency

Exchange rate

USD

US dollar

1,2203

JPY

Japanese yen

135,21

DKK

Danish krone

7,4469

GBP

Pound sterling

0,88568

SEK

Swedish krona

9,8425

CHF

Swiss franc

1,1774

ISK

Iceland króna

NOK

Norwegian krone

9,6220

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,447

HUF

Hungarian forint

308,77

PLN

Polish zloty

4,1713

RON

Romanian leu

4,6571

TRY

Turkish lira

4,6654

AUD

Australian dollar

1,5314

CAD

Canadian dollar

1,5185

HKD

Hong Kong dollar

9,5415

NZD

New Zealand dollar

1,6800

SGD

Singapore dollar

1,6153

KRW

South Korean won

1 303,65

ZAR

South African rand

15,0524

CNY

Chinese yuan renminbi

7,8528

HRK

Croatian kuna

7,4266

IDR

Indonesian rupiah

16 302,02

MYR

Malaysian ringgit

4,8340

PHP

Philippine peso

62,017

RUB

Russian rouble

69,3859

THB

Thai baht

39,001

BRL

Brazilian real

3,9497

MXN

Mexican peso

22,9386

INR

Indian rupee

78,0110

---

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

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| 18.1.2018 | EN | Official Journal of the European Union | C 16/2 |
| --- | --- | --- | --- |

18.1.2018

EN

Official Journal of the European Union

C 16/2

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Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006
   (1)
  )

(Text with EEA relevance)

(2018/C 16/02)

Decisions granting an authorisation

| Reference of the decision (2) | Date of decision | Substance name | Holder of the authorisation | Authorisation number | Authorised use | Date of expiry of review period | Reasons for the decision |
| --- | --- | --- | --- | --- | --- | --- | --- |
| C(2018) 12 | 11 January 2018 | Chromium trioxide
  EC No 215-607-8, CAS No 1333-82-0 | Abloy Oy, Wahlforssinkatu 20, 80100 Joensuu, Finland | REACH/17/29/0 | Use of chromium trioxide in electroplating of mechanical and electromechanical cylinders, cam locks and padlocks, electromechanical lock cases and architectural hardware. This use does not cover electroplating of interior door handles, office furniture locks and plates for interior doors. | 21 September 2029 | In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies for the applicant before the sunset date |
| REACH/17/29/1 | Use of chromium trioxide in electroplating of interior door handles, office furniture locks and plates for interior doors. | 31 December 2019 |

Reference of the decision (2)

Date of decision

Substance name

Holder of the authorisation

Authorisation number

Authorised use

Date of expiry of review period

Reasons for the decision

C(2018) 12

11 January 2018

Chromium trioxide

EC No 215-607-8, CAS No 1333-82-0

Abloy Oy, Wahlforssinkatu 20, 80100 Joensuu, Finland

REACH/17/29/0

Use of chromium trioxide in electroplating of mechanical and electromechanical cylinders, cam locks and padlocks, electromechanical lock cases and architectural hardware. This use does not cover electroplating of interior door handles, office furniture locks and plates for interior doors.

21 September 2029

In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies for the applicant before the sunset date

REACH/17/29/1

Use of chromium trioxide in electroplating of interior door handles, office furniture locks and plates for interior doors.

31 December 2019

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(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm

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| 18.1.2018 | EN | Official Journal of the European Union | C 16/3 |
| --- | --- | --- | --- |

18.1.2018

EN

Official Journal of the European Union

C 16/3

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New national side of euro coins intended for circulation

(2018/C 16/03)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Latvia

Subject of commemoration
  : Estonia, Latvia and Lithuania will jointly issue a commemorative euro coin with a common design in 2018, celebrating the establishment of the States of Estonia and Latvia and the re-establishment of the State of Lithuania

Description of the design
  : The three baltic States are symbolically represented as a braid. They are united by their history: a common past, present and future. A stylized numeral representing the 100th anniversary, and the heraldic signs of all three States, are featured as well. At the left side is the name of the issuing country ‘LATVIJA’ and at the right side is the year of issuance ‘2018’. The design was selected by public voting in all three Baltic countries.

The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued
  :

Date of issue
  : First quarter of 2018

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 18.1.2018 | EN | Official Journal of the European Union | C 16/4 |
| --- | --- | --- | --- |

18.1.2018

EN

Official Journal of the European Union

C 16/4

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JUDGMENT OF THE COURT

of 13 September 2017

in Case E-15/16

Yara International ASA v The Norwegian Government

(Freedom of establishment — Articles 31 and 34 EEA — Necessity — National rules on intra-group contributions — Balanced allocation of taxation powers — Final loss exception — Risk of tax avoidance — Wholly artificial arrangement — Prohibition of abuse of rights)

(2018/C 16/04)

In Case E-15/16, Yara International ASA v The Norwegian Government — REQUEST to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett) concerning the interpretation of Article 31 of the Agreement on the European Economic Area in the context of national rules on intra-group contributions, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen, and Ása Ólafsdóttir (ad hoc), Judges, gave judgment on 13 September 2017, the operative part of which is as follows:

Articles 31 and 34 EEA do not preclude the application of national rules on intra-group contributions, such as the rules in the Norwegian Taxation Act, under which the contribution reduces the transferor’s taxable income and is included in the recipient’s taxable income regardless of whether the recipient makes a loss or a profit for tax purposes, that lay down the condition that both the transferor and the recipient are liable to taxation in the EEA State in question. It is a condition of EEA law that the national rules must serve a legitimate objective such as the need to safeguard the balanced allocation of taxation powers between EEA States or to prevent wholly artificial arrangements leading to tax avoidance. However, the requirements of national law go beyond what is necessary to pursue those objectives in cases where the loss sustained by the foreign subsidiary is final.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 18.1.2018 | EN | Official Journal of the European Union | C 16/5 |
| --- | --- | --- | --- |

18.1.2018

EN

Official Journal of the European Union

C 16/5

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Prior notification of a concentration

(Case M.8757 — Nordic Capital/Alloheim)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 16/05)

| 1. | On 9 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Nordic Capital VIII Limited acting in its capacity as general partner for and on behalf of Nordic Capital VIII Alpha, L.P. and Nordic Capital VIII Beta, L.P. (together ‘Nordic Capital Fund VIII’, Jersey), |
| --- | --- | --- |

1.

On 9 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—

Nordic Capital VIII Limited acting in its capacity as general partner for and on behalf of Nordic Capital VIII Alpha, L.P. and Nordic Capital VIII Beta, L.P. (together ‘Nordic Capital Fund VIII’, Jersey),

| — | Alloheim Senioren-Residenzen Holding SE (‘Alloheim’, Germany). |
| --- | --- |

—

Alloheim Senioren-Residenzen Holding SE (‘Alloheim’, Germany).

Nordic Capital Fund VIII indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Alloheim.

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Nordic Capital Fund VIII: leading private equity house currently with controlling interests in 24 portfolio companies which are active in a wide range of sectors,
  —   for Alloheim: operation of German nursing homes and provision of stationary care in the form of elderly care (including day care), specialised care and assisted living, as well as ambulatory care. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Nordic Capital Fund VIII: leading private equity house currently with controlling interests in 24 portfolio companies which are active in a wide range of sectors,

—   for Alloheim: operation of German nursing homes and provision of stationary care in the form of elderly care (including day care), specialised care and assisted living, as well as ambulatory care.

| 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 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 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 the 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. The following reference should always be specified:
  M.8757 — Nordic Capital/Alloheim
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





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

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. The following reference should always be specified:

M.8757 — Nordic Capital/Alloheim

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

Email:

COMP-MERGER-REGISTRY@ec.europa.eu

Fax

+32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(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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| 18.1.2018 | EN | Official Journal of the European Union | C 16/7 |
| --- | --- | --- | --- |

18.1.2018

EN

Official Journal of the European Union

C 16/7

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Prior notification of a concentration

(Case M.8781 — Waterland/De Nederlandse Energie Maatschappij)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 16/06)

| 1. | On 11 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Waterland Private Equity Investments B.V. (‘Waterland’, The Netherlands), |
| --- | --- | --- |

1.

On 11 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—

Waterland Private Equity Investments B.V. (‘Waterland’, The Netherlands),

| — | De Nederlandse Energie Maatschappij B.V. (‘NLE’, The Netherlands). |
| --- | --- |

—

De Nederlandse Energie Maatschappij B.V. (‘NLE’, The Netherlands).

Waterland acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of NLE.

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Waterland: an independent private equity firm, ultimately solely controlling Nuts Groep B.V. (‘Nuts Groep’, The Netherlands) that will acquire 100 % of the shares in NLE. Nuts Groep supplies electricity and gas to small customers in the Netherlands and Belgium,
  —   for NLE: a supplier of electricity and gas to small customers in the Netherlands. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Waterland: an independent private equity firm, ultimately solely controlling Nuts Groep B.V. (‘Nuts Groep’, The Netherlands) that will acquire 100 % of the shares in NLE. Nuts Groep supplies electricity and gas to small customers in the Netherlands and Belgium,

—   for NLE: a supplier of electricity and gas to small customers in the Netherlands.

| 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 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 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 the 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. The following reference should always be specified:
  M.8781 — Waterland/De Nederlandse Energie Maatschappij
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  E-mail: |
| --- | --- |
| COMP-MERGER-REGISTRY@ec.europa.eu |
| Fax |
| +32 22964301 |
| Postal 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. The following reference should always be specified:

M.8781 — Waterland/De Nederlandse Energie Maatschappij

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

E-mail:

COMP-MERGER-REGISTRY@ec.europa.eu

Fax

+32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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