# Official Journal C 52/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 52 |
| | |
| English edition | Information and Notices | Volume 6018 February 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 52

English edition

Information and Notices

Volume 6018 February 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 52/01 | Non-opposition to a notified concentration (Case M.8366 — SCA/BSN) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 52/01

Non-opposition to a notified concentration (Case M.8366 — SCA/BSN) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2017/C 52/02 | Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2017/288 and in Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe apply | 2 |
| 2017/C 52/03 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe apply | 3 |
| | European Commission |
| 2017/C 52/04 | Euro exchange rates | 4 |
| 2017/C 52/05 | Explanatory notes to the Combined Nomenclature of the European Union | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2017/C 52/02

Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2017/288 and in Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe apply

2

2017/C 52/03

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe apply

3

European Commission

2017/C 52/04

Euro exchange rates

4

2017/C 52/05

Explanatory notes to the Combined Nomenclature of the European Union

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 52/06 | Prior notification of a concentration (Case M.8323 — AT&T/Time Warner) — Candidate case for simplified procedure (
  1
  ) | 6 |
| 2017/C 52/07 | Prior notification of a concentration (Case M.8386 — Advent/Bain Capital/Concardis) — Candidate case for simplified procedure (
  1
  ) | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 52/06

Prior notification of a concentration (Case M.8323 — AT&T/Time Warner) — Candidate case for simplified procedure (
  1
  )

1

6

2017/C 52/07

Prior notification of a concentration (Case M.8386 — Advent/Bain Capital/Concardis) — Candidate case for simplified procedure (
  1
  )

1

7

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| | Corrigenda |
| --- | --- |
| 2017/C 52/08 | Corrigendum to the annual report of the Court of Auditors on the implementation of the budget concerning the financial year 2015, together with the institutions' replies ( OJ C 375, 13.10.2016 ) | 8 |

Corrigenda

2017/C 52/08

Corrigendum to the annual report of the Court of Auditors on the implementation of the budget concerning the financial year 2015, together with the institutions' replies ( OJ C 375, 13.10.2016 )

8

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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

| 18.2.2017 | EN | Official Journal of the European Union | C 52/1 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/1

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Non-opposition to a notified concentration

(Case M.8366 — SCA/BSN)

(Text with EEA relevance)

(2017/C 52/01)

On 13 February 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8366. 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 32017M8366. 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

Council

| 18.2.2017 | EN | Official Journal of the European Union | C 52/2 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/2

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Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2017/288 and in Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe apply

(2017/C 52/02)

The following information is brought to the attention of the persons, entities and bodies that appear in Annex I to Council Decision 2011/101/CFSP (1), as amended by Council Decision (CFSP) 2017/288 (2), and in Annex III to Council Regulation (EC) No 314/2004 (3), concerning restrictive measures against Zimbabwe.

The Council of the European Union has decided that the persons, entities and bodies that appear in the abovementioned Annexes should continue to be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2011/101/CFSP and in Regulation (EC) No 314/2004.

The attention of the persons, entities and bodies concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the Annex II to Regulation (EC) No 314/2004 in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).

The persons, entities and bodies concerned may submit a request to the Council before 1 November 2017, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered. Any such request should be sent to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The attention of the persons, entities and bodies 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.

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(1)  OJ L 42, 16.2.2011, p. 6.

(2)  OJ L 42, 18.2.2017, p. 11.

(3)  OJ L 55, 24.2.2004, p. 1.

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| 18.2.2017 | EN | Official Journal of the European Union | C 52/3 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/3

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Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe apply

(2017/C 52/03)

The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):

The legal basis for this processing operation is Council Regulation (EC) No 314/2004 of 19 February 2004, concerning certain restrictive measures in respect of Zimbabwe (2).

The controller of this processing operation is the Council of the European Union represented by the Director General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@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 Regulation (EC) No 314/2004.

The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.

The personal data collected includes 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 provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.

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(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 55, 24.2.2004, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.

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European Commission

| 18.2.2017 | EN | Official Journal of the European Union | C 52/4 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/4

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Euro exchange rates (1)

17 February 2017

(2017/C 52/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0650 |
| JPY | Japanese yen | 120,08 |
| DKK | Danish krone | 7,4334 |
| GBP | Pound sterling | 0,85720 |
| SEK | Swedish krona | 9,4478 |
| CHF | Swiss franc | 1,0637 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,8645 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 308,32 |
| PLN | Polish zloty | 4,3305 |
| RON | Romanian leu | 4,5223 |
| TRY | Turkish lira | 3,9117 |
| AUD | Australian dollar | 1,3892 |
| CAD | Canadian dollar | 1,3929 |
| HKD | Hong Kong dollar | 8,2659 |
| NZD | New Zealand dollar | 1,4809 |
| SGD | Singapore dollar | 1,5086 |
| KRW | South Korean won | 1 224,76 |
| ZAR | South African rand | 13,9357 |
| CNY | Chinese yuan renminbi | 7,3134 |
| HRK | Croatian kuna | 7,4410 |
| IDR | Indonesian rupiah | 14 199,11 |
| MYR | Malaysian ringgit | 4,7424 |
| PHP | Philippine peso | 53,309 |
| RUB | Russian rouble | 61,9668 |
| THB | Thai baht | 37,270 |
| BRL | Brazilian real | 3,2928 |
| MXN | Mexican peso | 21,8050 |
| INR | Indian rupee | 71,4615 |

Currency

Exchange rate

USD

US dollar

1,0650

JPY

Japanese yen

120,08

DKK

Danish krone

7,4334

GBP

Pound sterling

0,85720

SEK

Swedish krona

9,4478

CHF

Swiss franc

1,0637

ISK

Iceland króna

NOK

Norwegian krone

8,8645

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

308,32

PLN

Polish zloty

4,3305

RON

Romanian leu

4,5223

TRY

Turkish lira

3,9117

AUD

Australian dollar

1,3892

CAD

Canadian dollar

1,3929

HKD

Hong Kong dollar

8,2659

NZD

New Zealand dollar

1,4809

SGD

Singapore dollar

1,5086

KRW

South Korean won

1 224,76

ZAR

South African rand

13,9357

CNY

Chinese yuan renminbi

7,3134

HRK

Croatian kuna

7,4410

IDR

Indonesian rupiah

14 199,11

MYR

Malaysian ringgit

4,7424

PHP

Philippine peso

53,309

RUB

Russian rouble

61,9668

THB

Thai baht

37,270

BRL

Brazilian real

3,2928

MXN

Mexican peso

21,8050

INR

Indian rupee

71,4615

---

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

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| 18.2.2017 | EN | Official Journal of the European Union | C 52/5 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/5

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Explanatory notes to the Combined Nomenclature of the European Union

(2017/C 52/05)

Pursuant to 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 98, between the explanatory note to CN subheading ‘2204 10 11 Champagne’ and the explanatory note to CN subheadings ‘2204 21 06 to 2204 21 09 Wine, other than that referred to in subheading 2204 10, in bottles with “mushroom” stoppers held in place by ties or fastenings; wine, otherwise put up, with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 °C’ the following text is inserted:

| ‘2204 10 15 | Prosecco

  Prosecco is a sparkling wine with a protected designation of origin, obtained from grapes of the “Glera” vine variety harvested in the regions of the designations of origin “Prosecco”, “Conegliano-Valdobbiadene — Prosecco”, “Colli Asolani — Prosecco” and “Asolo — Prosecco”.’ |
| --- | --- |

‘2204 10 15

Prosecco

Prosecco is a sparkling wine with a protected designation of origin, obtained from grapes of the “Glera” vine variety harvested in the regions of the designations of origin “Prosecco”, “Conegliano-Valdobbiadene — Prosecco”, “Colli Asolani — Prosecco” and “Asolo — Prosecco”.’

---

(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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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 18.2.2017 | EN | Official Journal of the European Union | C 52/6 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/6

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Prior notification of a concentration

(Case M.8323 — AT&T/Time Warner)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 52/06)

| 1. | On 10 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AT&T Inc. (‘AT&T’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Time Warner Inc. (‘Time Warner’, United States) by way of purchase of shares. |
| --- | --- |

1.

On 10 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AT&T Inc. (‘AT&T’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Time Warner Inc. (‘Time Warner’, United States) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for AT&T: provision of global telecommunications and digital entertainment services in the United States and Latin America and of global telecommunications services for business customers in the EEA,
  —   for Time Warner: provision of global media and entertainment services, including pay-television services and production and distribution of television services, feature film and videogames. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for AT&T: provision of global telecommunications and digital entertainment services in the United States and Latin America and of global telecommunications services for business customers in the EEA,

—   for Time Warner: provision of global media and entertainment services, including pay-television services and production and distribution of television services, feature film and videogames.

| 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.8323 — AT&T/Time Warner, 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.8323 — AT&T/Time Warner, 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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| 18.2.2017 | EN | Official Journal of the European Union | C 52/7 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/7

---

Prior notification of a concentration

(Case M.8386 — Advent/Bain Capital/Concardis)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 52/07)

| 1. | On 13 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which funds managed by Advent International Corporation (‘Advent’, USA) and funds managed by Bain Capital Investors L.L.C. (‘Bain Capital’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Concardis GmbH (‘Concardis’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 13 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which funds managed by Advent International Corporation (‘Advent’, USA) and funds managed by Bain Capital Investors L.L.C. (‘Bain Capital’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Concardis GmbH (‘Concardis’, Germany) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Advent: private equity investment in various sectors, including industrial, retail, media, communications, information technology, internet, healthcare and pharmaceuticals;
  —   for Bain Capital: private equity investment in companies across most industries, including information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing;
  —   for Concardis: supply of merchant acquiring services, primarily to customers in Germany, Austria and Switzerland. Concardis also has some limited activities as a network service provider in Germany for transaction routing of German national debit schemes (Girocard and ELV). |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Advent: private equity investment in various sectors, including industrial, retail, media, communications, information technology, internet, healthcare and pharmaceuticals;

—   for Bain Capital: private equity investment in companies across most industries, including information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing;

—   for Concardis: supply of merchant acquiring services, primarily to customers in Germany, Austria and Switzerland. Concardis also has some limited activities as a network service provider in Germany for transaction routing of German national debit schemes (Girocard and ELV).

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.8386 — Advent/Bain Capital/Concardis, 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 number M.8386 — Advent/Bain Capital/Concardis, 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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Corrigenda

| 18.2.2017 | EN | Official Journal of the European Union | C 52/8 |
| --- | --- | --- | --- |

18.2.2017

EN

Official Journal of the European Union

C 52/8

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Corrigendum to the annual report of the Court of Auditors on the implementation of the budget concerning the financial year 2015, together with the institutions' replies

(
  Official Journal of the European Union C 375 of 13 October 2016
  )

(2017/C 52/08)

On page 53, paragraph 2.9, second last line:

for:

‘... 339 billion euro at 31 December 2015 ...’,

read:

read:

‘... 344 billion euro at 31 December 2015 ...’.

---