# Official Journal C 335/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 335 |
| | |
| English edition | Information and Notices | Volume 652 September 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 335

English edition

Information and Notices

Volume 652 September 2022

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 335/01 | Non-opposition to a notified concentration (Case M.10839 – APOLLO CAPITAL MANAGEMENT / SCHUR FLEXIBLES GROUP) (
  1
  ) | 1 |
| 2022/C 335/02 | Non-opposition to a notified concentration (Case M.10756 – ACC / EVONIK / JV) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 335/01

Non-opposition to a notified concentration (Case M.10839 – APOLLO CAPITAL MANAGEMENT / SCHUR FLEXIBLES GROUP) (
  1
  )

1

1

2022/C 335/02

Non-opposition to a notified concentration (Case M.10756 – ACC / EVONIK / JV) (
  1
  )

1

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2022/C 335/03 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2022/1447, and Council Regulation (EU) No 269/2014, as implemented by Council Implementing Regulation (EU) 2022/1446 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine | 3 |
| 2022/C 335/04 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2022/1447 and Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) 2022/1446 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine | 5 |
| 2022/C 335/05 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine apply | 6 |
| | European Commission |
| 2022/C 335/06 | Interest rate applied by the European Central Bank to its main refinancing operations: — 0,50 % on 1 September 2022 — Euro exchange rates | 7 |
| 2022/C 335/07 | 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
  ) | 8 |
| 2022/C 335/08 | Opinion on restrictive agreements and dominant positions at its meeting on 20 June 2022 concerning a draft decision in case AT.40511 - Insurance Ireland: Insurance claims database and conditions of access – Rapporteur: Latvia (
  1
  ) | 9 |
| 2022/C 335/09 | Final Report of the Hearing Officer – Case AT.40511 – Insurance Ireland: Insurance claims database and conditions of access (
  1
  ) | 10 |
| 2022/C 335/10 | Summary of Commission Decision of 30 June 2022 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. 40511 - Insurance Ireland: Insurance claims database and conditions of access)
  (notified under document C(2022) 4448 final)

   (
  1
  ) | 12 |
| | NOTICES FROM MEMBER STATES |
| 2022/C 335/11 | Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) | 15 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2022/C 335/03

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2022/1447, and Council Regulation (EU) No 269/2014, as implemented by Council Implementing Regulation (EU) 2022/1446 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

3

2022/C 335/04

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2022/1447 and Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) 2022/1446 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

5

2022/C 335/05

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine apply

6

European Commission

2022/C 335/06

Interest rate applied by the European Central Bank to its main refinancing operations: — 0,50 % on 1 September 2022 — Euro exchange rates

7

2022/C 335/07

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

8

2022/C 335/08

Opinion on restrictive agreements and dominant positions at its meeting on 20 June 2022 concerning a draft decision in case AT.40511 - Insurance Ireland: Insurance claims database and conditions of access – Rapporteur: Latvia (
  1
  )

1

9

2022/C 335/09

Final Report of the Hearing Officer – Case AT.40511 – Insurance Ireland: Insurance claims database and conditions of access (
  1
  )

1

10

2022/C 335/10

Summary of Commission Decision of 30 June 2022 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. 40511 - Insurance Ireland: Insurance claims database and conditions of access)
  (notified under document C(2022) 4448 final)

   (
  1
  )

(notified under document C(2022) 4448 final)

1

12

NOTICES FROM MEMBER STATES

2022/C 335/11

Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)

15

---

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

---

(1)   Text with EEA relevance.

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 2.9.2022 | EN | Official Journal of the European Union | C 335/1 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/1

---

Non-opposition to a notified concentration

(Case M.10839 – APOLLO CAPITAL MANAGEMENT / SCHUR FLEXIBLES GROUP)

(Text with EEA relevance)

(2022/C 335/01)

On 25 August 2022, 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 policy’ 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 policy’ 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 32022M10839. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10839. EUR-Lex is the online point of access to European Union law.

---

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

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/2 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/2

---

Non-opposition to a notified concentration

(Case M.10756 – ACC / EVONIK / JV)

(Text with EEA relevance)

(2022/C 335/02)

On 28 July 2022, 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 policy’ 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 policy’ 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 32022M10756. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10756. EUR-Lex is the online point of access to European Union law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 2.9.2022 | EN | Official Journal of the European Union | C 335/3 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/3

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2022/1447, and Council Regulation (EU) No 269/2014, as implemented by Council Implementing Regulation (EU) 2022/1446 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(2022/C 335/03)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision (CFSP) 2022/1447 (2), and in Annex I to Council Regulation (EU) No 269/2014 (3), as implemented by Council Implementing Regulation (EU) 2022/1446 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

The Council of the European Union has decided that those persons should be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2014/145/CFSP and in Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. The grounds for the designation of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) No 269/2014, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address before 2 November 2022:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 78, 17.3.2014, p. 16.

(2)  OJ L 227 I, 1.9.2022, p. 4.

(3)  OJ L 78, 17.3.2014, p. 6.

(4)  OJ L 227 I, 1.9.2022, p. 1.

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/5 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/5

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2022/1447 and Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) 2022/1446 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(2022/C 335/04)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision (CFSP) 2022/1447 (2), and in Annex I to Council Regulation (EU) No 269/2014 (3) as implemented by Council Implementing Regulation (EU) 2022/1446 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

Article 9(2) of Regulation (EU) No 269/2014 requires that those persons must report, before 13 October 2022, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located. They must cooperate with the national competent authority in any verification of such information. Failure to comply with these obligations will be considered as circumvention of the measures on the freezing of funds and of economic resources.

The information to be reported must be sent to the competent authority of the relevant Member State, via its website as indicated in Annex II to Regulation (EU) No 269/2014 (5).

The obligation to report under Article 9(2) of Regulation (EU) No 269/2014 does not apply until 1 January 2023 with regard to funds or economic resources located in a Member State which had laid down a similar reporting obligation under national law before 21 July 2022.

---

(1)  OJ L 78, 17.3.2014, p. 16.

(2)  OJ L 227 I, 1.9.2022, p. 4.

(3)  OJ L 78, 17.3.2014, p. 6.

(4)  OJ L 227 I, 1.9.2022, p. 1.

(5)  Last consolidated version available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014R0269-20220804&qid=1661411747325

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/6 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/6

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine apply

(2022/C 335/05)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal bases for this processing operation are Decision 2014/145/CFSP (2), as amended by Decision (CFSP) 2022/1447 (3), and Regulation (EU) No 269/2014 (4), as implemented by Implementing Regulation (EU) 2022/1446 (5).

The controller of this processing operation is department RELEX.1 in the Directorate-General for External Relations (RELEX) of the General Secretariat of the Council (GSC), which may be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer can be contacted at:

| | Data Protection Officer |
| --- | --- |

Data Protection Officer

| | data.protection@consilium.europa.eu |
| --- | --- |

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/1447, and Regulation (EU) No 269/2014, as implemented by Council Implementing Regulation (EU) 2022/1446.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2014/145/CFSP and Regulation (EU) No 269/2014.

The personal data collected include data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects, such as the right of access and the right to rectification or to object, will be governed by the provisions of Regulation (EU) 2018/1725.

Personal data will be retained for five years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) No 2018/1725 (edps@edps.europa.eu).

---

(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 78, 17.3.2014, p. 16.

(3)  OJ L 227 I, 1.9.2022, p. 4.

(4)  OJ L 78, 17.3.2014, p. 6.

(5)  OJ L 227 I, 1.9.2022, p. 1.

---

European Commission

| 2.9.2022 | EN | Official Journal of the European Union | C 335/7 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/7

---

Interest rate applied by the European Central Bank to its main refinancing operations (1):

0,50 % on 1 September 2022

Euro exchange rates (2)

1 September 2022

(2022/C 335/06)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0004 |
| JPY | Japanese yen | 139,34 |
| DKK | Danish krone | 7,4372 |
| GBP | Pound sterling | 0,86473 |
| SEK | Swedish krona | 10,7415 |
| CHF | Swiss franc | 0,9802 |
| ISK | Iceland króna | 141,70 |
| NOK | Norwegian krone | 10,0130 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,488 |
| HUF | Hungarian forint | 399,58 |
| PLN | Polish zloty | 4,7128 |
| RON | Romanian leu | 4,8447 |
| TRY | Turkish lira | 18,2149 |
| AUD | Australian dollar | 1,4651 |
| CAD | Canadian dollar | 1,3169 |
| HKD | Hong Kong dollar | 7,8511 |
| NZD | New Zealand dollar | 1,6389 |
| SGD | Singapore dollar | 1,4002 |
| KRW | South Korean won | 1 353,69 |
| ZAR | South African rand | 17,1524 |
| CNY | Chinese yuan renminbi | 6,9017 |
| HRK | Croatian kuna | 7,5210 |
| IDR | Indonesian rupiah | 14 878,00 |
| MYR | Malaysian ringgit | 4,4828 |
| PHP | Philippine peso | 56,609 |
| RUB | Russian rouble | |
| THB | Thai baht | 36,710 |
| BRL | Brazilian real | 5,2239 |
| MXN | Mexican peso | 20,1954 |
| INR | Indian rupee | 79,6195 |

Currency

Exchange rate

USD

US dollar

1,0004

JPY

Japanese yen

139,34

DKK

Danish krone

7,4372

GBP

Pound sterling

0,86473

SEK

Swedish krona

10,7415

CHF

Swiss franc

0,9802

ISK

Iceland króna

141,70

NOK

Norwegian krone

10,0130

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,488

HUF

Hungarian forint

399,58

PLN

Polish zloty

4,7128

RON

Romanian leu

4,8447

TRY

Turkish lira

18,2149

AUD

Australian dollar

1,4651

CAD

Canadian dollar

1,3169

HKD

Hong Kong dollar

7,8511

NZD

New Zealand dollar

1,6389

SGD

Singapore dollar

1,4002

KRW

South Korean won

1 353,69

ZAR

South African rand

17,1524

CNY

Chinese yuan renminbi

6,9017

HRK

Croatian kuna

7,5210

IDR

Indonesian rupiah

14 878,00

MYR

Malaysian ringgit

4,4828

PHP

Philippine peso

56,609

RUB

Russian rouble

THB

Thai baht

36,710

BRL

Brazilian real

5,2239

MXN

Mexican peso

20,1954

INR

Indian rupee

79,6195

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/8 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/8

---

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)

(2022/C 335/07)

Decision granting a partial 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(2022) 6036 | 26 August 2022 | Sodium chromate
  EC No. 231-889-5, CAS No. 7775-11-3 | Ariston Thermo SpA., Viale Aristide Merloni 45, 60044 Fabriano, Italy | REACH/22/26/0 | As an anticorrosion agent of the carbon steel in sealed circuit of gas absorption heat pumps up to 0,70 % by weight (as Cr(VI)) in the refrigerant solution | 26 August 2034 | In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health from the use of the substance and there are no suitable alternative substances or technologies. |

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(2022) 6036

26 August 2022

Sodium chromate

EC No. 231-889-5, CAS No. 7775-11-3

Ariston Thermo SpA., Viale Aristide Merloni 45, 60044 Fabriano, Italy

REACH/22/26/0

As an anticorrosion agent of the carbon steel in sealed circuit of gas absorption heat pumps up to 0,70 % by weight (as Cr(VI)) in the refrigerant solution

26 August 2034

In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health from the use of the substance and there are no suitable alternative substances or technologies.

---

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

(2)  The decision is available on the European Commission website at: Authorisation (europa.eu).

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/9 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/9

---

Opinion on restrictive agreements and dominant positions at its meeting on 20 June 2022 concerning a draft decision in case AT.40511 - Insurance Ireland: Insurance claims database and conditions of access

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 335/08)

(1)

The Advisory Committee (12 Member States) shares the Commission’s concerns expressed in its draft Decision under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement.

(2)

The Advisory Committee (12 Member States) agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003, as described in the draft Decision.

(3)

The Advisory Committee (12 Member States) agrees with the Commission that the offered commitments are suitable, necessary and proportionate and should be made legally binding, as set out in the draft Decision.

(4)

The Advisory Committee (12 Member States) agrees with the Commission’s draft Decision that, in light of the offered commitments, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

(5)

The Advisory Committee (12 Member States) recommends the publication of its opinion in the Official Journal of the European Union.

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/10 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/10

---

Final Report of the Hearing Officer (1)

Case AT.40511 – Insurance Ireland: Insurance claims database and conditions of access

(Text with EEA relevance)

(2022/C 335/09)

The present report relates to a draft commitments decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (2) (the ‘Draft Decision’) addressed to Insurance Ireland (Member Association) Company Limited by Guarantee (‘Insurance Ireland’).

The Commission started ex officio investigations and conducted inspections of the premises of Insurance Ireland in Dublin, Ireland, under Article 20 of Regulation 1/2003 between 4 July 2017 and 7 July 2017.

On 14 May 2019, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (3) with a view to adopting a decision pursuant to Chapter III of Regulation 1/2003.

On 18 June 2021, the Commission adopted a statement of objections (‘SO’) addressed to Insurance Ireland that was notified to Insurance Ireland on 21 June 2021. The SO preliminarily considered that Insurance Ireland arbitrarily delayed or de facto denied access to its ‘Insurance Link’ information exchange system.

On 28 June 2021, Insurance Ireland received access to the file through a DVD. It did not address any issues concerning access to file to me.

On 5 October 2021, Insurance Ireland provided its written comments on the SO within the deadline set (4) and requested an oral hearing pursuant to Article 12(1) of Regulation 773/2004. Following this request, I set a date for an oral hearing that was later postponed and finally cancelled, as Insurance Ireland had entered into discussions with the Commission on possible commitments pursuant to Article 9 of Regulation 1/2003.

On 16 February 2022, Insurance Ireland offered commitments (the ‘Initial Commitments’), to meet the Commission’s competition concerns as set out in the SO, which constitutes the preliminary assessment within the meaning of Article 9(1) of Regulation 1/2003 in the context of the present procedure.

On 4 March 2022, the Commission published a notice in accordance with Article 27(4) of Regulation No 1/2003, inviting comments from interested third parties on the Initial Commitments.

On 13 April 2022, the Commission informed Insurance Ireland of the comments received on the Initial Commitments in a State of Play meeting.

On 17 May 2022, Insurance Ireland adjusted the Initial Commitments in response to the comments and submitted a final commitments offer (the ‘Final Commitments’).

The Draft Decision makes the Final Commitments binding upon Insurance Ireland for ten years and concludes that there are no longer grounds for action by the Commission in this case as regards the concerns set out in the preliminary assessment.

I have not received any request or complaint with respect to the commitments procedure.

In view of the above, I consider that the effective exercise of the procedural rights of the party to the proceedings in this case has been respected.

Brussels, 21 June 2022.

Dorothe DALHEIMER

---

(1)  ursuant 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’).

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 1/2003’).

2

(3)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18), as last amended by Commission Regulation (EU) 2015/1348 of 3 August 2015 (OJ L 208, 5.8.2015, p. 3) (‘Regulation 773/2004’).

3

(4)  The original deadline was 21 September 2021. Upon Insurance Ireland’s request, DG Competition extended the deadline until 5 October 2021.

4

---

| 2.9.2022 | EN | Official Journal of the European Union | C 335/12 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/12

---

Summary of Commission Decision

of 30 June 2022

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. 40511 - Insurance Ireland: Insurance claims database and conditions of access)

(notified under document C(2022) 4448 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2022/C 335/10)

On 30 June 2022, 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, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decision makes binding the commitments offered by Insurance Ireland (Member Association) Company Limited by Guarantee (‘Insurance Ireland’) to meet the Commission’s concerns as expressed in its preliminary assessment, pursuant to Article 9(1) of 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 (‘Regulation (EC) No 1/2003’). |
| --- | --- |

(1)

2.   PROCEDURE

| (2) | Between 4 and 7 July 2017, the Commission carried out inspections pursuant to Article 20 of Regulation (EC) No 1/2003 at the premises of Insurance Ireland in Dublin, Ireland. |
| --- | --- |

(2)

| (3) | On 14 May 2019, the Commission opened proceedings with a view to taking a decision under Chapter III of Regulation 1/2003. On 18 June 2021, the Commission adopted a Statement of Objections setting out its preliminary competition concerns (the ‘SO’). |
| --- | --- |

(3)

| (4) | On 16 February 2022, Insurance Ireland submitted initial commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to address these concerns (the ‘Initial Commitments’). On 4 March 2022, the Commission published a notice in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003 (the ‘Market Test’), summarising the case and the Initial Commitments and inviting interested third parties to provide their observations on the Initial Commitments. |
| --- | --- |

(4)

| (5) | On 13 April 2022, the Commission informed Insurance Ireland of the observations received from interested third parties following the publication of the Market Test. On 17 May 2022, Insurance Ireland submitted to the Commission an amended proposal for commitments (the ‘Final Commitments’). |
| --- | --- |

(5)

| (6) | On 20 June 2022, the Advisory Committee on Restrictive Practices and Dominant Positions was consulted and issued a favourable opinion. On 21 June 2022, the final report of the Hearing Officer was issued. |
| --- | --- |

(6)

3.   THE PRELIMINARY ASSESSMENT

| (7) | In the SO, the Commission preliminarily concluded that Insurance Ireland infringed Article 101(1) TFEU and Article 53(1) of the EEA Agreement, by arbitrarily delaying and/or de facto denying access of non-members to its information exchange system, thereby restricting competition in the Irish motor vehicle insurance market. The information exchange system of Insurance Ireland (called ‘Insurance Link’) comprises a non-life insurance claims data pool and a facility to request further information on past claims. Insurance Link contains important information for detecting and combating fraud in the Irish motor vehicle insurance market. |
| --- | --- |

(7)

| (8) | According to the preliminary assessment, access to Insurance Link was hindered through a number of interlinked decisions of Insurance Ireland. Since at least 2009, access to this information exchange system has been linked to and/or has been made dependent upon membership of Insurance Ireland. Furthermore, the Commission considered that the design and application of the criteria for membership of Insurance Ireland have not been clear, transparent, objective, readily available and were discriminatory, because Insurance Ireland handled the membership application process in an arbitrary and discriminatory manner and delayed the membership application process for a number of applicants during extended periods. |
| --- | --- |

(8)

| (9) | The Commission considered that lack of and/or delayed access to Insurance Link had the effect of placing the affected undertakings at a competitive disadvantage on the Irish motor vehicle insurance market in comparison to members of Insurance Ireland that had access to the information exchange system. This had a negative impact on competitors’ costs, quality of service and pricing, to the ultimate detriment of consumers. It also acted as a barrier to entry and thus reduced the possibility of more competitive prices and choice of suppliers. Lack of access to the relevant data contained in Insurance Link also had an effect on cross border trade between Member States, potentially resulting in the partitioning of the internal market. |
| --- | --- |

(9)

4.   COMMITMENTS

4.1.   Initial commitments

| (10) | While Insurance Ireland disagrees with the Commission’s preliminary assessment, it has nevertheless offered the following Initial Commitments pursuant to Article 9(1) of Regulation (EC) No 1/2003 in order to meet the Commission’s competition concerns:






  (i) | Make the access to the Insurance Link information exchange system independent from any membership to Insurance Ireland. |
| --- | --- | --- |

(10)

(i)

Make the access to the Insurance Link information exchange system independent from any membership to Insurance Ireland.

| (ii) | Change the access criteria to Insurance Link and make them fair, objective, transparent and non-discriminatory and apply them uniformly to all applicants, from Ireland and other Member States. |
| --- | --- |

(ii)

Change the access criteria to Insurance Link and make them fair, objective, transparent and non-discriminatory and apply them uniformly to all applicants, from Ireland and other Member States.

| (iii) | Establish a new Insurance Link application procedure with a defined timeline that will be handled by an operationally independent Application Officer. Applicants who have been refused access will be able to appeal to the Oversight Committee, an independent appeal body. |
| --- | --- |

(iii)

Establish a new Insurance Link application procedure with a defined timeline that will be handled by an operationally independent Application Officer. Applicants who have been refused access will be able to appeal to the Oversight Committee, an independent appeal body.

| (iv) | Establish a cost and usage based fee model and ensure that a fair, transparent, and non-discriminatory fee will be charged to Insurance Link users. |
| --- | --- |

(iv)

Establish a cost and usage based fee model and ensure that a fair, transparent, and non-discriminatory fee will be charged to Insurance Link users.

| (v) | Ensure that the criteria for becoming member of the Insurance Ireland association will be fair, objective, transparent and non-discriminatory. |
| --- | --- |

(v)

Ensure that the criteria for becoming member of the Insurance Ireland association will be fair, objective, transparent and non-discriminatory.

| (11) | The Initial Commitments would remain in force for 10 years and would be monitored by a Monitoring Trustee reporting regularly to the Commission. Finally, Insurance Ireland would not circumvent or attempt to circumvent the Initial Commitments either by action or omission. |
| --- | --- |

(11)

4.2.   Revised commitments in light of the Market Test

| (12) | In response to observations received from interested third parties during the Market Test, Insurance Ireland modified the Initial Commitments and submitted the Final Commitments on 17 May 2022. Compared to the Initial Commitments, the Final Commitments have more detailed provisions about the role, responsibilities and key competencies of the Insurance Link Application Officer and the Monitoring Trustee, as well as further clarifications regarding the period for implementation of the commitments. |
| --- | --- |

(12)

5.   CONCLUSION

| (13) | The Final Commitments adequately respond to the concerns expressed in the Commission’s preliminary assessment and to the concerns raised by respondents to the Market Test. |
| --- | --- |

(13)

| (14) | The commitment to de-couple access to Insurance Link from membership of Insurance Ireland will address the Commission’s preliminary concern that access to Insurance Link is linked to and/or dependent upon membership of Insurance Ireland and reserved for Insurance Ireland members only. |
| --- | --- |

(14)

| (15) | Additionally, the new criteria to access Insurance Link will, on the one hand, guarantee a transparent Insurance Link application process, and, on the other hand, safeguard non-discriminatory treatment of insurers from other Member States and their agents. Moreover, the commitments concerning the Insurance Link application process, in particular the new function of the Application Officer, the Sub-Committee of the Board of Insurance Ireland reviewing only access refusals and the Oversight Committee, an independent body reviewing as final instance refusals to access to Insurance Link, will adequately address the concern identified in its preliminary assessment that Insurance Ireland handled the application process in an arbitrary and discriminatory manner for certain applicants. |
| --- | --- |

(15)

| (16) | The commitment on the fee structure and membership of Insurance Ireland will further safeguard effective access to Insurance Link. Fees charged for the use of Insurance Link will be applied on a fair, objective, transparent and non-discriminatory basis to all Insurance Link users. In this manner, they will not be prohibitive to current or prospective Insurance Link users and they will not be used as a means to directly or indirectly hinder access. |
| --- | --- |

(16)

| (17) | Lastly, Insurance Ireland committed to introduce fair, objective, transparent and non-discriminatory criteria for membership to the association and to put in place a streamlined and swift membership application process. These commitments will ensure that the competition concerns are addressed effectively. A transparent and streamlined process to become a member of Insurance Ireland is necessary to eliminate in the longer term any incentives for hindering access to Insurance Link. |
| --- | --- |

(17)

| (18) | Insurance Ireland has not offered less onerous commitments that also address the Commission’s concerns adequately. Thus, the Final Commitments comply with the principle of proportionality. |
| --- | --- |

(18)

---

(1)  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

---

NOTICES FROM MEMBER STATES

| 2.9.2022 | EN | Official Journal of the European Union | C 335/15 |
| --- | --- | --- | --- |

2.9.2022

EN

Official Journal of the European Union

C 335/15

---

Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1)

(2022/C 335/11)

The publication of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2) is based on the information notified by the Member States to the Commission pursuant to Article 39 of the Schengen Borders Code.

In addition to the publication in the Official Journal, a regular update is available on the website of the Directorate-General for Migration and Home Affairs.

LIST OF BORDER CROSSING POINTS

SWITZERLAND

Replacement of the information published in OJ C 81, 10.3.2021, p. 27.

Air borders

| (1) | Basel-Mulhouse |
| --- | --- |

(1)

| (2) | Berne-Belp |
| --- | --- |

(2)

| (3) | Buochs* |
| --- | --- |

(3)

| (4) | Dübendorf* |
| --- | --- |

(4)

| (5) | Emmen* |
| --- | --- |

(5)

| (6) | Geneva-Cointrin |
| --- | --- |

(6)

| (7) | Grenchen |
| --- | --- |

(7)

| (8) | La-Chaux-de-Fond-Les Eplatures |
| --- | --- |

(8)

| (9) | Lausanne-La Blécherette |
| --- | --- |

(9)

| (10) | Locarno-Magadino |
| --- | --- |

(10)

| (11) | Lugano-Agno |
| --- | --- |

(11)

| (12) | Mollis* |
| --- | --- |

(12)

| (13) | Payerne |
| --- | --- |

(13)

| (14) | Saanen* |
| --- | --- |

(14)

| (15) | Samedan |
| --- | --- |

(15)

| (16) | Sion |
| --- | --- |

(16)

| (17) | St Gallen - Altenrhein SG |
| --- | --- |

(17)

| (18) | St. Stephan* |
| --- | --- |

(18)

| (19) | Zurich |
| --- | --- |

(19)

| * | May only be used as a border crossing point in exceptional circumstances, provided that an individual authorisation is granted in advance by the control authority present on site. |
| --- | --- |

*

Explanation:

The border crossing points marked with an asterisk (*) are not permanently manned by the staff of the border control authorities. They can only be used in exceptional circumstances to enter and leave the Schengen area, provided that an individual authorisation is issued in advance by the competent control authorities, pursuant to Article 29(3) of the Ordinance of 15 August 2018 on entry and the granting of visas (RS 142.204).

List of previous publications

OJ C 247, 13.10. 2006, p. 25.

OJ C 77, 5.4. 2007, p. 11.

OJ C 153, 6.7. 2007, p. 22.

OJ C 164, 18.7. 2008, p. 45.

OJ C 316, 28.12.2007, p. 1.

OJ C 134, 31.5.2008, p. 16.

OJ C 177, 12.7.2008, p. 9.

OJ C 200, 6.8.2008, p. 10.

OJ C 331, 31.12.2008, p. 13.

OJ C 3, 8.1.2009, p. 10.

OJ C 37, 14.2.2009, p. 10.

OJ C 64, 19.3.2009, p. 20.

OJ C 99, 30.4.2009, p. 7.

OJ C 229, 23.9.2009, p. 28.

OJ C 263, 5.11.2009, p. 22.

OJ C 298, 8.12.2009, p. 17.

OJ C 74, 24.3.2010, p. 13.

OJ C 326, 3.12.2010, p. 17.

OJ C 355, 29.12.2010, p. 34.

OJ C 22, 22.1.2011, p. 22.

OJ C 37, 5.2.2011, p. 12.

OJ C 149, 20.5.2011, p. 8.

OJ C 190, 30.6.2011, p. 17.

OJ C 203, 9.7.2011, p. 14.

OJ C 210, 16.7.2011, p. 30.

OJ C 271, 14.9.2011, p. 18.

OJ C 356, 6.12.2011, p. 12.

OJ C 111, 18.4.2012, p. 3.

OJ C 183, 23.6.2012, p. 7.

OJ C 313, 17.10.2012, p. 11.

OJ C 394, 20.12.2012, p. 22.

OJ C 51, 22.2.2013, p. 9.

OJ C 167, 13.6.2013, p. 9.

OJ C 242, 23.8.2013, p. 2.

OJ C 275, 24.9.2013, p. 7.

OJ C 314, 29.10.2013, p. 5.

OJ C 324, 9.11.2013, p. 6.

OJ C 57, 28.2.2014, p. 4.

OJ C 167, 4.6.2014, p. 9.

OJ C 244, 26.7.2014, p. 22.

OJ C 332, 24.9.2014, p. 12.

OJ C 420, 22.11.2014, p. 9.

OJ C 72, 28.2.2015, p. 17.

OJ C 126, 18.4.2015, p. 10.

OJ C 229, 14.7.2015, p. 5.

OJ C 341, 16.10.2015, p. 19.

OJ C 84, 4.3.2016, p. 2.

OJ C 236, 30.6.2016, p. 6.

OJ C 278, 30.7.2016, p. 47.

OJ C 331, 9.9.2016, p. 2.

OJ C 401, 29.10.2016, p. 4.

OJ C 484, 24.12.2016, p. 30.

OJ C 32, 1.2.2017, p. 4.

OJ C 74, 10.3.2017, p. 9.

OJ C 120, 13.4.2017, p. 17.

OJ C 152, 16.5.2017, p. 5.

OJ C 411, 2.12.2017, p. 10.

OJ C 31, 27.1.2018, p. 12.

OJ C 261, 25.7.2018, p. 6.

OJ C 264, 26.7.2018, p. 8.

OJ C 368, 11.10.2018, p. 4.

OJ C 459, 20.12.2018, p. 40.

OJ C 43, 4.2.2019, p. 2.

OJ C 64, 27.2.2020, p. 17.

OJ C 231, 14.7. 2020, p. 2.

OJ C 58, 18.2.2021, p. 35.

OJ C 81, 10.3. 2021, p. 27.

OJ C 184, 12.5. 2021, p. 8.

OJ C 219, 9.6. 2021, p. 9.

OJ C 279, 13.7. 2021, p. 4.

OJ C 290, 20.7. 2021, p. 10.

OJ C 380, 20.9. 2021, p. 3.

OJ C 483, 1.12. 2021, p. 19.

OJ C 201, 18.5. 2022, p. 82.

OJ C 229, 14.6. 2022, p. 8.

OJ C 241, 24.6. 2022, p. 6.

OJ C 286, 27.7. 2022, p. 33.

---

(1)  See the list of previous publications at the end of this update.

(2)  2 OJ L 77, 23.3.2016, p. 1.

---