# Official Journal C 145/2023

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 145 |
| | |
| English edition | Information and Notices | Volume 6627 April 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 145

English edition

Information and Notices

Volume 6627 April 2023

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 145/01 | Withdrawal of notification of a concentration (Case M.10860 – ADVENT / GFK) (
  1
  ) | 1 |
| 2023/C 145/02 | Non-opposition to a notified concentration (Case M.11008 – CDC GROUP / EDF / ENGIE / IN GROUPE / ARCHIPELS) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 145/01

Withdrawal of notification of a concentration (Case M.10860 – ADVENT / GFK) (
  1
  )

1

1

2023/C 145/02

Non-opposition to a notified concentration (Case M.11008 – CDC GROUP / EDF / ENGIE / IN GROUPE / ARCHIPELS) (
  1
  )

1

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2023/C 145/03 | Council conclusions on Special Report No 01/2023 by the European Court of Auditors: Tools facilitating travel within the EU during the COVID-19 pandemic – Relevant initiatives with impact ranging from success to limited use | 3 |
| | European Commission |
| 2023/C 145/04 | Euro exchange rates – 26 April 2023 | 5 |
| 2023/C 145/05 | Commission Decision of 23 February 2023 instructing the central administrator to enter corrections to the national allocation table of Germany into the European Union Transaction Log | 6 |
| 2023/C 145/06 | Notice concerning the valid proof of origin for imports into the European Union of products originating in Seychelles under the EU – Eastern and Southern Africa interim Economic Partnership Agreement, as from 1 July 2023 | 9 |
| 2023/C 145/07 | Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 25 November 2022 concerning a draft decision in case AT.40547 – STYRENE MONOMER – Rapporteur: Kristiina Arnus (
  1
  ) | 10 |
| 2023/C 145/08 | Final Report of the Hearing Officer – Case AT.40547 – Styrene Monomer (
  1
  ) | 11 |
| 2023/C 145/09 | Summary of Commission Decision of 29 November 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.40547 – STYRENE MONOMER)
  (notified under document number C(2022) 8507 final)

   (
  1
  ) | 13 |
| | NOTICES FROM MEMBER STATES |
| 2023/C 145/10 | Notice from the Government of Malta concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 19 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2023/C 145/11 | EFTA Surveillance Authority information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community – Repeal of public service obligations in respect of scheduled air services (
  1
  ) | 20 |
| 2023/C 145/12 | EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community – Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  ) | 22 |
| 2023/C 145/13 | EFTA Surveillance Authority communication pursuant to Article 16(4) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community – Establishment of public service obligations in respect of scheduled air services (
  1
  ) | 23 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2023/C 145/03

Council conclusions on Special Report No 01/2023 by the European Court of Auditors: Tools facilitating travel within the EU during the COVID-19 pandemic – Relevant initiatives with impact ranging from success to limited use

3

European Commission

2023/C 145/04

Euro exchange rates – 26 April 2023

5

2023/C 145/05

Commission Decision of 23 February 2023 instructing the central administrator to enter corrections to the national allocation table of Germany into the European Union Transaction Log

6

2023/C 145/06

Notice concerning the valid proof of origin for imports into the European Union of products originating in Seychelles under the EU – Eastern and Southern Africa interim Economic Partnership Agreement, as from 1 July 2023

9

2023/C 145/07

Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 25 November 2022 concerning a draft decision in case AT.40547 – STYRENE MONOMER – Rapporteur: Kristiina Arnus (
  1
  )

1

10

2023/C 145/08

Final Report of the Hearing Officer – Case AT.40547 – Styrene Monomer (
  1
  )

1

11

2023/C 145/09

Summary of Commission Decision of 29 November 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.40547 – STYRENE MONOMER)
  (notified under document number C(2022) 8507 final)

   (
  1
  )

(notified under document number C(2022) 8507 final)

1

13

NOTICES FROM MEMBER STATES

2023/C 145/10

Notice from the Government of Malta concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

19

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2023/C 145/11

EFTA Surveillance Authority information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community – Repeal of public service obligations in respect of scheduled air services (
  1
  )

1

20

2023/C 145/12

EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community – Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  )

1

22

2023/C 145/13

EFTA Surveillance Authority communication pursuant to Article 16(4) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community – Establishment of public service obligations in respect of scheduled air services (
  1
  )

1

23

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2023/C 145/14 | Notice pursuant to Article 29(2) of the Staff Regulations – Publication of a vacancy for the function of Director GROW.B Planning, Finance and Digital Solutions (grade AD 14) in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) (COM/2023/10429) | 24 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2023/C 145/15 | Prior notification of a concentration (Case M.11058 – ALTOR / MARLIN / MELTWATER) – Candidate case for simplified procedure (
  1
  ) | 25 |
| 2023/C 145/16 | Prior notification of a concentration (Case M.10876 – BSA (LACTALIS) / AMBROSI) (
  1
  ) | 27 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2023/C 145/14

Notice pursuant to Article 29(2) of the Staff Regulations – Publication of a vacancy for the function of Director GROW.B Planning, Finance and Digital Solutions (grade AD 14) in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) (COM/2023/10429)

24

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2023/C 145/15

Prior notification of a concentration (Case M.11058 – ALTOR / MARLIN / MELTWATER) – Candidate case for simplified procedure (
  1
  )

1

25

2023/C 145/16

Prior notification of a concentration (Case M.10876 – BSA (LACTALIS) / AMBROSI) (
  1
  )

1

27

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

---

(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

| 27.4.2023 | EN | Official Journal of the European Union | C 145/1 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/1

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Withdrawal of notification of a concentration

(Case M.10860 – ADVENT / GFK)

(Text with EEA relevance)

(2023/C 145/01)

On 20 March 2023, the European Commission received notification (1) of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (2) (‘Merger Regulation’).

On 20 April 2023, the notifying party informed the Commission that it withdrew its notification.

---

(1)  OJ C 113, 28.3.2023, p. 29.

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

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/2 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/2

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Non-opposition to a notified concentration

(Case M.11008 – CDC GROUP / EDF / ENGIE / IN GROUPE / ARCHIPELS)

(Text with EEA relevance)

(2023/C 145/02)

On 17 April 2023, 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 French 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 32023M11008. 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 32023M11008. EUR-Lex is the online point of access to European Union 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

| 27.4.2023 | EN | Official Journal of the European Union | C 145/3 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/3

---

Council conclusions on Special Report No 01/2023 by the European Court of Auditors: Tools facilitating travel within the EU during the COVID-19 pandemic – Relevant initiatives with impact ranging from success to limited use

(2023/C 145/03)

THE COUNCIL OF THE EUROPEAN UNION,

1.

TAKES NOTE of the Special Report No 01/2023 of the European Court of Auditors (hereafter referred to as ‘the Court’), complementing the Special Report No 13/2022 of the Court: Free movement in the EU during the COVID-19 pandemic – Limited scrutiny of internal border controls, and uncoordinated actions by Member States, and the Commission’s reply to the findings of the Court.

2.

STRESSES the unprecedented nature of the pandemic and the need to develop effective tools and especially IT solutions, to facilitate travel within the EU.

3.

| — | Despite its limited competence in public health policy, the Commission acted fast to propose suitable technological solutions to facilitate travel within the EU during the COVID-19 pandemic. |
| --- | --- |

—

Despite its limited competence in public health policy, the Commission acted fast to propose suitable technological solutions to facilitate travel within the EU during the COVID-19 pandemic.

| — | The Commission swiftly mobilised €71 million for the development of the tools to facilitate travel within the EU. |
| --- | --- |

—

The Commission swiftly mobilised €71 million for the development of the tools to facilitate travel within the EU.

| — | The Commission delivered the contact-tracing gateway and the EU Digital COVID Certificate in good time. The technical development of the EU Digital COVID Certificate was completed before the Member States had finished implementing their vaccination plans. |
| --- | --- |

—

The Commission delivered the contact-tracing gateway and the EU Digital COVID Certificate in good time. The technical development of the EU Digital COVID Certificate was completed before the Member States had finished implementing their vaccination plans.

| — | The Commission proposed an EU solution for passenger locator form only after several Member States had already developed their own tools. |
| --- | --- |

—

The Commission proposed an EU solution for passenger locator form only after several Member States had already developed their own tools.

4.

WELCOMES the swift adoption of the EU Digital COVID Certificate Regulations and the rapid roll-out of the technological infrastructure. The EU Digital COVID Certificate has been effective in facilitating travel during the COVID-19 pandemic as it improved information sharing and coordination in relation to travel restrictions between Member States.

5.

| — | Identify those EU tools created during the COVID-19 pandemic that have been most useful to citizens and Member States, and explore potential ways to make use of the technological infrastructures, in particular in the case of the EU Digital COVID Certificate, for other suitable purposes, while taking into account the competence of Member States for the issuance of identity and travel documents, and in accordance with appropriate legal base. |
| --- | --- |

—

Identify those EU tools created during the COVID-19 pandemic that have been most useful to citizens and Member States, and explore potential ways to make use of the technological infrastructures, in particular in the case of the EU Digital COVID Certificate, for other suitable purposes, while taking into account the competence of Member States for the issuance of identity and travel documents, and in accordance with appropriate legal base.

| — | Make the EU tools used to facilitate cross-border contact tracing during public health crises easier for EU citizens to access, through synergies or simplification, in accordance with the principle of proportionality and by respecting national competences. |
| --- | --- |

—

Make the EU tools used to facilitate cross-border contact tracing during public health crises easier for EU citizens to access, through synergies or simplification, in accordance with the principle of proportionality and by respecting national competences.

| — | Analyse the need for any additional tools to address potential future crises, in close coordination with Member States, in particular in view of data protection requirements, in the appropriate fora. Any new legislative proposals should whenever possible be based on a prior impact assessment or at least preliminary consultations. |
| --- | --- |

—

Analyse the need for any additional tools to address potential future crises, in close coordination with Member States, in particular in view of data protection requirements, in the appropriate fora. Any new legislative proposals should whenever possible be based on a prior impact assessment or at least preliminary consultations.

---

European Commission

| 27.4.2023 | EN | Official Journal of the European Union | C 145/5 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/5

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Euro exchange rates (1)

26 April 2023

(2023/C 145/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1039 |
| JPY | Japanese yen | 147,67 |
| DKK | Danish krone | 7,4534 |
| GBP | Pound sterling | 0,88560 |
| SEK | Swedish krona | 11,3855 |
| CHF | Swiss franc | 0,9824 |
| ISK | Iceland króna | 149,70 |
| NOK | Norwegian krone | 11,7220 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 23,477 |
| HUF | Hungarian forint | 375,83 |
| PLN | Polish zloty | 4,5928 |
| RON | Romanian leu | 4,9391 |
| TRY | Turkish lira | 21,4424 |
| AUD | Australian dollar | 1,6725 |
| CAD | Canadian dollar | 1,5035 |
| HKD | Hong Kong dollar | 8,6655 |
| NZD | New Zealand dollar | 1,8032 |
| SGD | Singapore dollar | 1,4745 |
| KRW | South Korean won | 1 476,66 |
| ZAR | South African rand | 20,3080 |
| CNY | Chinese yuan renminbi | 7,6424 |
| IDR | Indonesian rupiah | 16 389,57 |
| MYR | Malaysian ringgit | 4,9201 |
| PHP | Philippine peso | 61,454 |
| RUB | Russian rouble | |
| THB | Thai baht | 37,731 |
| BRL | Brazilian real | 5,5739 |
| MXN | Mexican peso | 19,9388 |
| INR | Indian rupee | 90,2465 |

Currency

Exchange rate

USD

US dollar

1,1039

JPY

Japanese yen

147,67

DKK

Danish krone

7,4534

GBP

Pound sterling

0,88560

SEK

Swedish krona

11,3855

CHF

Swiss franc

0,9824

ISK

Iceland króna

149,70

NOK

Norwegian krone

11,7220

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

23,477

HUF

Hungarian forint

375,83

PLN

Polish zloty

4,5928

RON

Romanian leu

4,9391

TRY

Turkish lira

21,4424

AUD

Australian dollar

1,6725

CAD

Canadian dollar

1,5035

HKD

Hong Kong dollar

8,6655

NZD

New Zealand dollar

1,8032

SGD

Singapore dollar

1,4745

KRW

South Korean won

1 476,66

ZAR

South African rand

20,3080

CNY

Chinese yuan renminbi

7,6424

IDR

Indonesian rupiah

16 389,57

MYR

Malaysian ringgit

4,9201

PHP

Philippine peso

61,454

RUB

Russian rouble

THB

Thai baht

37,731

BRL

Brazilian real

5,5739

MXN

Mexican peso

19,9388

INR

Indian rupee

90,2465

---

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

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/6 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/6

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COMMISSION DECISION

of 23 February 2023

instructing the central administrator to enter corrections to the national allocation table of Germany into the European Union Transaction Log

(2023/C 145/05)

THE COMMISSION OF THE EUROPEAN UNION,

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

Having regard to Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (1), and in particular the second subparagraph of Article 52(2) thereof,

Whereas:

| (1) | On 27 April 2011, the Commission adopted Decision 2011/278/EU (2) determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC (3). Pursuant to Article 27 of Commission Delegated Regulation (EU) 2019/331 (4), Decision 2011/278/EU continues to apply to allocations relating to the period prior to 1 January 2021. All notified allocations referred to in the present decision relate to the free allocation of emission allowances for the period from 2013 to 2020. |
| --- | --- |

(1)

On 27 April 2011, the Commission adopted Decision 2011/278/EU (2) determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC (3). Pursuant to Article 27 of Commission Delegated Regulation (EU) 2019/331 (4), Decision 2011/278/EU continues to apply to allocations relating to the period prior to 1 January 2021. All notified allocations referred to in the present decision relate to the free allocation of emission allowances for the period from 2013 to 2020.

| (2) | On 5 September 2013, the Commission adopted Decision 2013/448/EU (5) concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances for the period 2013-2020, pursuant to Article 10a of Directive 2003/87/EC. |
| --- | --- |

(2)

On 5 September 2013, the Commission adopted Decision 2013/448/EU (5) concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances for the period 2013-2020, pursuant to Article 10a of Directive 2003/87/EC.

| (3) | By Decision 2014/9/EU (6), the Commission amended Decisions 2010/2/EU (7) and 2011/278/EU as regards the list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (’carbon leakage list’). |
| --- | --- |

(3)

By Decision 2014/9/EU (6), the Commission amended Decisions 2010/2/EU (7) and 2011/278/EU as regards the list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (’carbon leakage list’).

| (4) | By Decisions C(2013) 9281 (8), C(2014) 123 (9), C(2014) 674 (10) and C(2014) 1167 (11), the Commission instructed the central administrator to enter the national allocation tables and the revised national allocation tables of Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden into the European Union Transaction Log. |
| --- | --- |

(4)

By Decisions C(2013) 9281 (8), C(2014) 123 (9), C(2014) 674 (10) and C(2014) 1167 (11), the Commission instructed the central administrator to enter the national allocation tables and the revised national allocation tables of Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden into the European Union Transaction Log.

| (5) | Germany notified corrections to its national allocation table of phase 3 of the EU ETS, by letter dated 24 January 2023. The historical activity levels of the fuel sub-installation and of the process emissions sub-installation had to be corrected with regard to installation DE-202760, following the European Court of Justice’s ruling of 25 November 2021 in the case C-271/20 (12). |
| --- | --- |

(5)

Germany notified corrections to its national allocation table of phase 3 of the EU ETS, by letter dated 24 January 2023. The historical activity levels of the fuel sub-installation and of the process emissions sub-installation had to be corrected with regard to installation DE-202760, following the European Court of Justice’s ruling of 25 November 2021 in the case C-271/20 (12).

| (6) | The notified changes to the national allocation table of Germany are in conformity with Decision 2011/278/EU. The central administrator should therefore be instructed to enter those changes into the European Union Transaction Log, |
| --- | --- |

(6)

The notified changes to the national allocation table of Germany are in conformity with Decision 2011/278/EU. The central administrator should therefore be instructed to enter those changes into the European Union Transaction Log,

HAS DECIDED AS FOLLOWS:

Sole Article

The central administrator shall enter the changes to the national allocation table of Germany set out in Annex I into the European Union Transaction Log.

Done at Brussels, 23 February 2023.

For the Commission

Frans TIMMERMANS

Executive Vice-President

---

(1)  OJ L 122, 3.5.2013, p. 1.

1

(2)  Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 130, 17.5.2011, p. 1).

2

(3)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

3

(4)  Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).

4

(5)  Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 240, 7.9.2013, p. 27).

5

(6)  Commission Decision 2014/9/EU of 18 December 2013 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (OJ L 9, 14.1.2014, p. 9).

6

(7)  Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (OJ L 1, 5.1.2010, p.10).

7

(8)  Commission Decision C(2013) 9281 of 18 December 2013 on instructing the central administrator to enter the national allocation tables of Austria, Greece, Ireland, Latvia, the Netherlands, Portugal, Sweden and the United Kingdom into the European Union Transaction Log.

8

(9)  Commission Decision C(2014) 123 of 17 January 2014 on instructing the central administrator to enter the national allocation tables of the Czech Republic, Denmark, France, Lithuania, Hungary and Slovakia into the European Union Transaction Log.

9

(10)  Commission Decision C(2014) 674 of 12 February 2014 on instructing the central administrator to enter the national allocation tables of Belgium, Germany, Estonia, Luxemburg, Slovenia and Finland into the European Union Transaction Log.

10

(11)  Commission Decision C(2014) 1167 of 26 February 2014 on instructing the central administrator to enter the national allocation tables of Bulgaria, Spain, Croatia, Italy, Cyprus, Latvia, Poland, Romania and the United Kingdom into the European Union Transaction Log.

11

(12)  Judgment of the Court (Fifth Chamber) of 25 November 2021, Case C-271/20, Aurubis AG v Bundesrepublik Deutschland, ECLI:EU:C:2021:959.

12

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ANNEX I

Changes to National allocation table for the period 2013-2020 pursuant to Article 10a of Directive 2003/87/EC (NIMs)

Member State: Germany

The changed allocations in the National allocation table for the indicated installations are as follows:

| Installation ID (NE&C) | Installation ID (Union registry) | Operator name | Installation name | Quantity to be allocated | Quantity to be allocated modified by NE&C data by installation |
| --- | --- | --- | --- | --- | --- |
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
| DE000000000202760 | 202760 | Aurubis AG | Anlage zur Herstellung von Nichteisen-Rohmetallen (Kupferproduktion) | 378 054 | 371 487 | 364 844 | 358 131 | 351 345 | 344 494 | 337 558 | 330 597 | 2 836 510 |

Installation ID (NE&C)

Installation ID (Union registry)

Operator name

Installation name

Quantity to be allocated

Quantity to be allocated modified by NE&C data by installation

2013

2014

2015

2016

2017

2018

2019

2020

DE000000000202760

202760

Aurubis AG

Anlage zur Herstellung von Nichteisen-Rohmetallen (Kupferproduktion)

378 054

371 487

364 844

358 131

351 345

344 494

337 558

330 597

2 836 510

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/9 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/9

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Notice concerning the valid proof of origin for imports into the European Union of products originating in Seychelles under the EU – Eastern and Southern Africa interim Economic Partnership Agreement, as from 1 July 2023

(2023/C 145/06)

This notice is issued for the information of customs authorities, importers and economic operators, which are involved in imports into the European Union of products originating in Seychelles under the EU-Eastern and Southern Africa interim Economic Partnership Agreement (‘the EU-ESA iEPA’).

Following a notification made by Seychelles to the Customs Cooperation Committee of the EU-ESA iEPA activating Article 18(3) of Protocol 1 to the EU-ESA iEPA (1), and without prejudice to the exemptions laid down in Articles 18(2) and 29 of Protocol 1, as from 1 July 2023, products originating in Seychelles shall, on importation into the EU, benefit from the preferential tariff treatment of the EU-ESA iEPA only upon submission of an invoice declaration made out, as provided for in Article 23 of Protocol 1, by:

| (i) | an exporter from Seychelles registered in the Registered Exporter system of the European Union, or |
| --- | --- |

(i)

an exporter from Seychelles registered in the Registered Exporter system of the European Union, or

| (ii) | any exporter from Seychelles, for any consignment consisting of one or more packages containing originating products, the total value of which does not exceed EUR 6 000. |
| --- | --- |

(ii)

any exporter from Seychelles, for any consignment consisting of one or more packages containing originating products, the total value of which does not exceed EUR 6 000.

From that date, paragraphs 1(a) and (b) of Article 18 shall cease to apply.

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(1)  As amended by Decision 1/2020 of 14 January 2020 of the EU-ESA EPA Committee

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/10 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/10

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Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 25 November 2022 concerning a draft decision in case AT.40547 – STYRENE MONOMER

Rapporteur: Kristiina Arnus

(Text with EEA relevance)

(2023/C 145/07)

1.

The Advisory Committee (13 Member States) agrees with the Commission that the anti-competitive conduct covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the Treaty (1).

2.

The Advisory Committee (13 Member States) agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101(1) of the Treaty.

3.

The Advisory Committee (13 Member States) agrees with the Commission that the undertakings concerned by the draft decision participated in a single and continuous infringement of Article 101 of the Treaty.

4.

The Advisory Committee (13 Member States) agrees with the Commission that the agreement and/or concerted practice was capable of appreciably affecting trade between the Member States of the EU and the Contracting Parties to the EEA Agreement.

5.

The Advisory Committee (13 Member States) agrees with the Commission’s assessment as regards the duration of the infringement.

6.

The Advisory Committee (13 Member States) agrees with the Commission that fines should be imposed on the addressees of the draft decision.

7.

The Advisory Committee (13 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.

8.

The Advisory Committee (13 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and the 2008 Settlement Notice.

9.

The Advisory Committee (13 Member States) agrees with the Commission on the final amounts of the fines.

10.

The Advisory Committee (13 Member States) recommend the publication of its Opinion in the Official Journal of the European Union.

11.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

---

(1)  In the present case, references to Article 101 of the Treaty are to be understood as referring as well to Article 53 of the Agreement on the European Economic Area (the ‘EEA Agreement’).

1

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/11 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/11

---

Final Report of the Hearing Officer (1)

Case AT.40547 – Styrene Monomer

(Text with EEA relevance)

(2023/C 145/08)

The draft decision, addressed to (a) INEOS Limited, INEOS Europe AG, INOVYN Enterprises Limited and INEOS Styrolution UK Limited (together referred to as ‘INEOS’), (b) Synthomer Deutschland GmbH, Synthomer (UK) Limited (2) and Synthomer plc (3) (together referred to as ‘Synthomer’), (c) Trinseo PLC (4) and Trinseo Europe GmbH (together referred to as ‘Trinseo’), (d) Synbra Holding B.V. and BEWI RAW B.V (5). (together referred to as ‘Synbra’), (e) O.N. Sunde AS and SUNPOR Kunststoff Gesellschaft m.b.H. (together referred to as ‘Sunpor’), and (f) Synthos S.A., Synthos Styrenics Services B.V. and Black Forest SICAV-SIF (together referred to as ‘Synthos’) (collectively, ‘the Parties’), concerns a single and continuous infringement of Article 101 of the TFEU and Article 53 of the Agreement on the European Economic Area (‘EEA’) within the entire EEA.

The infringement is described as an agreement or concerted practice by which the participants had bilateral and multilateral exchanges of sensitive commercial and pricing-related information and coordinated their behaviour in connection with a price element related to the purchase of styrene monomer, namely the Styrene Monthly Contract Price or ‘SMCP’. The infringement took place from 1 May 2012 to 30 June 2018.

On 17 July 2020, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (6) against the Parties (7).

Following settlement discussions (8) and settlement submissions (9) in accordance with Article 10a(2) of Regulation (EC) No 773/2004, the Commission adopted, on 29 September 2022, a statement of objections (the ‘Statement of Objections’) addressed to the Parties on 30 September 2022.

In their respective replies to the Statement of Objections, the Parties confirmed, pursuant to Article 10a(3) of Regulation (EC) No 773/2004, that the Statement of Objections reflected the contents of their settlement submissions and that they therefore remained committed to following the settlement procedure.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the Parties have been afforded the opportunity of making known their views. I conclude that it does so.

In the course of the settlement proceedings, one of my predecessors examined a request made by Sunpor to the Hearing Officer pursuant to Article 15(2) of Decision 2011/695/EU and paragraph 18 of the Settlement Notice (10) in relation to the use of video conferencing for the settlement discussions during the Covid-19 pandemic. He concluded that such use in this case did not entail any infringement of Sunpor’s right to be heard, right of defence, right to legal representation, or the principle of equal treatment (11). In reaching that conclusion, the Hearing Officer took into account, in particular, that neither the right to be heard, nor the principle of respect for the rights of the defence, nor Regulation (EC) No 773/2004, nor the Settlement Notice require meetings to be held physically, that the Directorate-General for Competition offered all parties the same options, and that it is necessary to avoid undue delays in the conduct of the administrative procedure.

In view of all of the above, and taking into account that the Parties have not addressed any other requests or complaints to the Hearing Officer, I consider that the effective exercise of the procedural rights of the Parties to the proceedings in this case has been respected.

Brussels, 28 November 2022.

Eric GIPPINI FOURNIER

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  Formerly Synthomer Limited.

2

(3)  Formerly Yule Catto & Co plc.

3

(4)  Trinseo PLC is the legal and economic successor company of Trinseo S.A., ultimate parent of Trinseo Europe GmbH during the infringement period. On 8 October 2021, Trinseo S.A. was merged into Trinseo PLC.

4

(5)  Formerly BEWiSynbra RAW B.V. and before that, Synbra Technology B.V.

5

(6)  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).

6

(7)  As regards Trinseo, on 17 July 2020, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 against Trinseo S.A. By Decision adopted on 26 September 2022, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 against Trinseo PLC, as the legal and economic successor of Trinseo S.A. (see footnote 4).

7

(8)  The settlement meetings took place between 21 September 2020 and 30 June 2022.

8

(9)  The Parties submitted their formal requests to settle between [...]. In particular, on [...], Trinseo PLC acknowledged the outcome of the settlement meetings held with Trinseo S.A. and submitted its formal request to settle.

9

(10)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

10

(11)  Letter or Mr. Wouter Wils to Sunpor of 15 October 2020.

11

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/13 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/13

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SUMMARY OF COMMISSION DECISION

of 29 November 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.40547 – STYRENE MONOMER)

(notified under document number C(2022) 8507 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2023/C 145/09)

On 29 November 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) | On 29 November 2022, the Commission adopted a Decision relating to a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union (the ‘Treaty’) and Article 53 of the Agreement on the European Economic Area (the ‘EEA Agreement’). |
| --- | --- |

(1)

| (2) | The infringement consisted in bilateral and multilateral exchanges of sensitive commercial and pricing-related information and in coordinating a price element related to the purchases of styrene monomer. Geographically, it covered the entire EEA (2). The infringement lasted from 1 May 2012 until 30 June 2018. |
| --- | --- |

(2)

| (3) | The product concerned by the Decision is styrene monomer (‘styrene’) purchased on the merchant market. It does not cover styrene produced for captive purposes, that is to say, produced and used by the producers for their own consumption. |
| --- | --- |

(3)

| (4) | Styrene is an intermediate chemical product which has no end-use in itself. It is a key input for many other chemical products, that in turn are used for a wide range of applications. |
| --- | --- |

(4)

| (5) | Styrene is sold on the basis of both long-term contracts and on the spot market (i.e. for immediate delivery). To counteract the volatility of styrene prices, long-term (3) styrene supply contracts in the EEA can refer to the Styrene Monthly Contract Price or ‘SMCP’ (4). The SMCP is not a net price for styrene but forms part of the pricing formula in such contracts. |
| --- | --- |

(5)

| (6) | The price of styrene in long-term supply contracts (where those contracts use the SMCP) is typically the SMCP (minus an individually negotiated discount (5)), used stand-alone or combined with other elements (e.g. spot average or the cost of feedstock) in variable proportion. |
| --- | --- |

(6)

| (7) | In order to establish a SMCP for the upcoming month, two separate but identical bilateral agreements (also called ‘settlements’) between two different pairs of suppliers and buyers have to be reached (i.e. the ‘2+2’ rule) as described in recital (8). |
| --- | --- |

(7)

| (8) | At the beginning of each month, buyers negotiated with sellers with whom they had a long-term supply agreement; they negotiated in pairs, independently and separately from other pairs. Once a pair of buyer-seller agreed on a desired level of SMCP (‘settlement’), the result of that bilateral SMCP settlement was communicated to ICIS (Independent Commodity Intelligence Services), a reporting agency, as the views of that specific pair of buyer and seller about the appropriate level of the SMCP for that month. When another pair had reached and notified to ICIS a bilateral settlement at precisely the same SMCP level, that number was then published by ICIS and became the SMCP valid for the entire upcoming month. This figure was used for the pricing of styrene delivered under long-term supply contracts whose pricing formula was based on the SMCP. |
| --- | --- |

(8)

| (9) | The Decision is addressed to the following legal entities being part of the following entities (the ‘Parties’):






  (a) | INEOS Limited, INEOS Europe AG, INOVYN Enterprises Limited and INEOS Styrolution UK Limited (together referred to as ‘INEOS’); |
| --- | --- | --- |

(9)

(a)

INEOS Limited, INEOS Europe AG, INOVYN Enterprises Limited and INEOS Styrolution UK Limited (together referred to as ‘INEOS’);

| (b) | Synthomer Deutschland GmbH, Synthomer (UK) Limited (formerly Synthomer Limited) and Synthomer plc (formerly Yule Catto & Co plc) (together referred to as ‘Synthomer’); |
| --- | --- |

(b)

Synthomer Deutschland GmbH, Synthomer (UK) Limited (formerly Synthomer Limited) and Synthomer plc (formerly Yule Catto & Co plc) (together referred to as ‘Synthomer’);

| (c) | Trinseo PLC (6) and Trinseo Europe GmbH (together referred to as ‘Trinseo’); |
| --- | --- |

(c)

Trinseo PLC (6) and Trinseo Europe GmbH (together referred to as ‘Trinseo’);

| (d) | Synbra Holding B.V. and BEWI RAW B.V. (formerly BEWiSynbra RAW B.V. and before that Synbra Technology B.V.) (together referred to as ‘Synbra’); |
| --- | --- |

(d)

Synbra Holding B.V. and BEWI RAW B.V. (formerly BEWiSynbra RAW B.V. and before that Synbra Technology B.V.) (together referred to as ‘Synbra’);

| (e) | O.N. Sunde AS and SUNPOR Kunststoff Gesellschaft m.b.H (together referred to as ‘Sunpor’); |
| --- | --- |

(e)

O.N. Sunde AS and SUNPOR Kunststoff Gesellschaft m.b.H (together referred to as ‘Sunpor’);

| (f) | Synthos S.A., Synthos Styrenics Services B.V. and Black Forest SICAV-SIF (together referred to as ‘Synthos’). |
| --- | --- |

(f)

Synthos S.A., Synthos Styrenics Services B.V. and Black Forest SICAV-SIF (together referred to as ‘Synthos’).

2.   CASE DESCRIPTION

2.1.   PROCEDURE

| (10) | The case was triggered by an immunity application filed by INEOS in September 2017 under the terms of the 2006 Leniency Notice (7) in relation to collusive contacts with other purchasers of styrene in the EEA. The Commission carried out unannounced inspections in June 2018 at the premises of Synthomer, Sunpor and Synthos. In parallel, a request for information was sent to Trinseo. In the light of findings during the investigation, a request for information was then sent to Synbra in October 2018 and the Commission received enough elements to consider Synbra a Party to the conduct at hand. Subsequently, all the participants but Synbra applied for immunity from fines or, in the alternative, for a reduction of the fine under the 2006 Leniency Notice. |
| --- | --- |

(10)

| (11) | On 17 July 2020, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (8) against the Parties with a view to engage in settlement discussions with them (9). Settlement meetings and contacts between the Commission and each Party took place between September 2020 and June 2022. Subsequently, all Parties submitted their formal request to setlle pursuant to Article 10a(2) of Regulation (EC) No 773/2004. |
| --- | --- |

(11)

| (12) | On 29 September 2022, the Commission adopted a Statement of Objections addressed to the Parties. All the Parties replied to the Statement of Objections by confirming that it corresponded to the contents of their settlement submissions and that they therefore remained committed to following the settlement procedure. |
| --- | --- |

(12)

| (13) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 25 November 2022. |
| --- | --- |

(13)

| (14) | On 28 November 2022, the Hearing Officer issued a final report in this case. |
| --- | --- |

(14)

2.2.   SUMMARY OF THE INFRINGEMENT

| (15) | The Decision establishes a single and continuous infringement, which consisted of the exchange of sensitive commercial and pricing-related information and in the coordination of a price element, namely the SMCP, related to the purchases of styrene in the EEA. The objective of the infringement was to influence the SMCP negotiations to the buyers’ advantage with the aim of buying styrene at a lower price, and to promptly reach an alignment among the buyers on the desired level of SMCP. Instead of defining their commercial strategy on the SMCP autonomously, the Parties are deemed to have jointly evaluated market trends and to have coordinated their behaviour through bilateral and multilateral contacts before and during the phase of establishing the SMCP. |
| --- | --- |

(15)

| (16) | The infringement mainly took place by means of phone conversations, e-mails and messages exchanges as well as through physical meetings. |
| --- | --- |

(16)

2.2.1.   Duration

| (17) | The duration of the participation of each Party in the infringement was as follows:







  Undertaking | Start | End |
| --- | --- | --- | --- |
| INEOS | 1 May 2012 | 28 September 2017 (10) |
| Sunpor | 30 September 2016 | 30 June 2018 |
| Synbra | 29 January 2013 | 31 December 2014 |
| Synthomer | 1 May 2012 | 30 June 2018 |
| Trinseo | 2 May 2012 | 30 June 2018 |
| Synthos | 1 September 2016 | 30 June 2018 |

(17)

Undertaking

Start

End

INEOS

1 May 2012

28 September 2017 (10)

Sunpor

30 September 2016

30 June 2018

Synbra

29 January 2013

31 December 2014

Synthomer

1 May 2012

30 June 2018

Trinseo

2 May 2012

30 June 2018

Synthos

1 September 2016

30 June 2018

2.3.   ADDRESSEES

2.3.1.   INEOS

| (18) | Liability for the infringement is imputed jointly and severally to INEOS Europe AG (for its direct participation from 1 May 2012 to 1 March 2013 and from 1 January 2015 to 28 September 2017), INOVYN Enterprises Limited (for its direct participation from 1 March 2013 to 31 August 2016), INEOS Styrolution UK Limited (for its direct participation from 1 May 2012 to 1 October 2013) and INEOS Limited (from 1 May 2012 to 28 September 2017 as the indirect ultimate parent of INEOS Europe AG, INOVYN Enterprises Limited and INEOS Styrolution UK Limited). |
| --- | --- |

(18)

2.3.2.   Sunpor

| (19) | Liability for the infringement is imputed jointly and severally to SUNPOR Kunststoff Gesellschaft m.b.H. (for its direct participation from 30 September 2016 to 30 June 2018) and O.N. Sunde AS (from 30 September 2016 to 30 June 2018 as the indirect ultimate parent of SUNPOR Kunststoff Gesellschaft m.b.H.). |
| --- | --- |

(19)

2.3.3.   Synbra

| (20) | Liability for the infringement is imputed jointly and severally to BEWI RAW B.V. (formerly BEWiSynbra RAW B.V. and before that Synbra Technology B.V.) (for its direct participation from 29 January 2013 to 31 December 2014) and Synbra Holding B.V. (from 29 January 2013 to 31 December 2014 as the indirect parent of BEWiSynbra RAW B.V. (formerly BEWiSynbra RAW B.V. and before that Synbra Technology B.V.)). |
| --- | --- |

(20)

2.3.4.   Synthomer

| (21) | Liability for the infringement is imputed jointly and severally to Synthomer (UK) Limited (for its direct participation from 1 May 2012 to 30 June 2018), Synthomer Deutschland GmbH (for its direct participation from 1 May 2012 to 30 June 2018) and Synthomer plc (from 1 May 2012 to 30 June 2018 as the indirect parent of Synthomer (UK) Limited and Synthomer Deutschland). |
| --- | --- |

(21)

2.3.5.   Trinseo

| (22) | Liability for the infringement is imputed jointly and severally jointly and severally to Trinseo Europe GmbH (for its direct participation from 2 May 2012 to 30 June 2018) and Trinseo PLC (from 2 May 2012 to 30 June 2018 as the legal and economic successor of Trinseo S.A. which had been, at the time of the infringement, the indirect parent of Trinseo Europe GmbH). |
| --- | --- |

(22)

2.3.6.   Synthos

| (23) | Liability for the infringement is imputed jointly and severally to Synthos Styrenics Services B.V. (for its direct participation from 1 September 2016 to 30 June 2018), Synthos S.A. (as the direct parent of Synthos Styrenics Services B.V. from 1 September 2016 to 30 June 2018) and Black Forest SICAV-SIF (from 19 January 2018 to 30 June 2018 as the indirect ultimate parent of Synthos Styrenics Services B.V. and Synthos S.A.). |
| --- | --- |

(23)

2.4.   REMEDIES

| (24) | The Decision applies the 2006 Guidelines on Fines (11). |
| --- | --- |

(24)

2.4.1.   Basic amount of the fine

| (25) | With the view that the present case concerns a purchasing cartel, the relevant value of purchases was taken into account, rather than the value of sales (12). |
| --- | --- |

(25)

| (26) | The infringement relates only to those purchases made by the Parties under contracts in the EEA where the SMCP is a part of the pricing formula. Furthermore, by deviation from point 13 of the 2006 Guidelines on Fines and due to the significant fluctuation of SMCP styrene purchases over time, the Commission determined the value of purchases as the annual average of purchases made during full calendar months during the respective infringement period. |
| --- | --- |

(26)

| (27) | Considering the nature of the infringement and its geographic scope, the percentage of the variable amount of the fines as well as the additional amount (the ‘entry fee’) is set at 16 % of the value of purchases for the infringement. |
| --- | --- |

(27)

| (28) | The variable amount is multiplied by the number of years or by fractions of the year respectively of the Parties’ individual participation in the infringement in order to take fully into account the actual duration of the participation for each Party in the infringements. The duration multiplier is calculated on the basis of calendar days. |
| --- | --- |

(28)

2.4.2.   Adjustments to the basic amount

2.4.2.1.   Aggravating or mitigating factors

| (29) | There are no aggravating circumstances in this case. |
| --- | --- |

(29)

| (30) | Mitigating circumstances are found for Synbra, Synthomer and Trinseo, to acknowledge their more limited participation to the cartel and, in the case of Synbra, limited awareness of the full extent of the infringement. Therefore, the Commission granted the following individual fines reductions: 20 % for Synbra, 10 % for Synthomer, 5 % for Trinseo. |
| --- | --- |

(30)

2.4.2.2.   Specific increase for deterrence

| (31) | A deterrence multiplier of 1.2 is applied to INEOS due to its large worldwide turnover. |
| --- | --- |

(31)

2.4.2.3.   Application of point 37 of the 2006 Guidelines on fines

| (32) | As a matter of deterrence, a specific increase of the fines applies (13). This increase reflects the fact that the cartelists aimed at lower prices rather than to maintain higher prices. Indeed, in a purchasing cartel, the more successful the cartel members were in reducing the purchase price, the lower the value of purchases on which the fine is calculated would be. |
| --- | --- |

(32)

| (33) | Given that the cartel in the present case is a purchasing cartel, the value of purchases in itself is unlikely to be an appropriate proxy for reflecting the economic importance of the present infringement. |
| --- | --- |

(33)

| (34) | The Commission therefore applied a 10 % increase of fines on all parties under point 37 of the 2006 Guidelines on Fines. |
| --- | --- |

(34)

2.4.3.   Application of the 10 % turnover limit

| (35) | None of the fines calculated exceeds 10 % of the respective Party’s worldwide turnover in 2021. |
| --- | --- |

(35)

2.4.4.   Application of the 2006 Leniency Notice

| (36) | INEOS was the first to submit information and evidence meeting the conditions of point 8(a) of the 2006 Leniency Notice in the infringement. INEOS is therefore granted immunity from fines for the infringement. |
| --- | --- |

(36)

| (37) | Synthos was the first undertaking to meet the requirements of points 24 and 25 of the 2006 Leniency Notice. Synthos applied for leniency at a very early stage in the procedure and its cooperation was very useful to confirm and further supplement the evidence that was available to the Commission at the time of its submission. Synthos confirmed its own participation in the collusion and provided new evidence on collusive exchanges with other parties to the cartel. The statements by Synthos also confirmed the duration of the conduct overall. However, Synthos’ application did also present some shortcomings in terms of its added value to the Commission’s investigation. Synthos is therefore granted a reduction of 40 % of the fine for the infringement. |
| --- | --- |

(37)

| (38) | Sunpor was the second undertaking to meet the requirements of points 24 and 25 of the 2006 Leniency Notice. Sunpor applied for leniency at an early stage of the procedure. Sunpor confirmed that it was aware of a wider collusion among significant styrene buyers, which assisted the Commission in reaching conclusions on the existence of the single and continuous infringement. Sunpor also provided new and supplementing evidence for the infringement. Sunpor is therefore granted a reduction of 30 % of the fine for the infringement. |
| --- | --- |

(38)

| (39) | Trinseo was the third undertaking to meet the requirements of points 24 and 25 of the 2006 Leniency Notice. Trinseo provided valuable new evidence not previously known to the Commission. This was useful to establish the continuous nature of the investigated infringement and of each Party’s respective participation in the infringement. The information provided by Trinseo also helped the Commission in determining the duration of the infringement and each Party’s participation in it. Trinseo is therefore granted a reduction of 20 % of the fine for the infringement. |
| --- | --- |

(39)

| (40) | Synthomer was the fourth undertaking to meet the requirements of points 24 and 25 of the 2006 Leniency Notice. Synthomer provided the Commission with some pieces of evidence of a corroboratory nature, which further strengthened the ability of the Commission to establish the uninterrupted duration of the infringement. However, the evidence provided was rather of a corroboratory nature and, for the most part, already in the possession of the Commission. Synthomer is therefore granted a reduction of 10 % of the fine for the infringement. |
| --- | --- |

(40)

2.4.5.   Application of the Settlement Notice

| (41) | As a result of the application of the Settlement Notice, the amount of the fines to be imposed on each Party was reduced by 10 %. The reduction was added to their leniency reward. |
| --- | --- |

(41)

3.   CONCLUSION

| (42) | The following fines were imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the infringement:






  (a) | on INEOS Europe AG, INOVYN Enterprises Limited, INEOS Styrolution UK Limited and INEOS Limited jointly and severally liable: EUR 0; |
| --- | --- | --- |

(42)

(a)

on INEOS Europe AG, INOVYN Enterprises Limited, INEOS Styrolution UK Limited and INEOS Limited jointly and severally liable: EUR 0;

| (b) | on SUNPOR Kunststoff Gesellschaft m.b.H. and O.N. Sunde AS jointly and severally liable: EUR 31 720 000; |
| --- | --- |

(b)

on SUNPOR Kunststoff Gesellschaft m.b.H. and O.N. Sunde AS jointly and severally liable: EUR 31 720 000;

| (c) | on BEWI RAW B.V. and Synbra Holding B.V. jointly and severally liable: EUR 17 215 000; |
| --- | --- |

(c)

on BEWI RAW B.V. and Synbra Holding B.V. jointly and severally liable: EUR 17 215 000;

| (d) | on Synthomer (UK) Limited, Synthomer Deutschland GmbH and Synthomer plc jointly and severally liable: EUR 43 011 000; |
| --- | --- |

(d)

on Synthomer (UK) Limited, Synthomer Deutschland GmbH and Synthomer plc jointly and severally liable: EUR 43 011 000;

| (e) | on Trinseo Europe GmbH and Trinseo PLC jointly and severally liable: EUR 32 621 000; |
| --- | --- |

(e)

on Trinseo Europe GmbH and Trinseo PLC jointly and severally liable: EUR 32 621 000;

| (f) | out of a total fine of EUR 32 505 000:






  — | on Synthos Styrenics Services B.V. and Synthos S.A. jointly and severally liable: EUR 24 573 000; |
| --- | --- | --- |

(f)

out of a total fine of EUR 32 505 000:

—

on Synthos Styrenics Services B.V. and Synthos S.A. jointly and severally liable: EUR 24 573 000;

| — | on Synthos Styrenics Services B.V., Synthos S.A. and Black Forest SICAV-SIF jointly and severally liable: EUR 7 932 000. |
| --- | --- |

—

on Synthos Styrenics Services B.V., Synthos S.A. and Black Forest SICAV-SIF jointly and severally liable: EUR 7 932 000.

---

(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).

(2)  For the purposes of this Decision, the EEA is understood to cover the 27 Member States of the European Union and the United Kingdom, as well as Iceland, Liechtenstein and Norway. Accordingly, any references made to the EEA in this Decision are meant to also include the United Kingdom.

(3)  Usually, ‘long-term’ contracts are concluded for a year or more.

(4)  Purchases of styrene which do not reference the SMCP but other pricing systems, such as that operated by [...] are not part of this case.

(5)  The discount is negotiated individually between seller and buyer. It is not part of the conduct that is the object of this case.

(6)  Trinseo PLC is the legal and economic successor company of Trinseo S.A., ultimate parent of Trinseo Europe GmbH during the infringement period. On 8 October 2021, Trinseo S.A. was merged into Trinseo PLC and legally ceased to exist.

(7)  OJ C 298, 8.12.2006, p. 17.

(8)  OJ L 123, 27.4.2004, p. 18.

(9)  By Decision adopted on 26 September 2022, the Commission initiated proceedings against Trinseo PLC, as the legal and economic successor of Trinseo S.A.

(10)  The date of the submission of the immunity application.

(11)  OJ C 210, 1.9.2006, p. 2.

(12)  This approach was confirmed in case T-222/17, Recylex S.A. Fonderie et Manufacture de Métaux S.A. and Harz-Metall GmbH v Commission, EU:T:2019:356, para. 124.

(13)  This approach was confirmed in cases T-222/17, Recylex S.A. Fonderie et Manufacture de Métaux S.A. and Harz-Metall GmbH v Commission, EU:T:2019:356, para. 124 and T-240/17, Campine NV and Campine Recycling NV v Commission, EU:T:2019:778, paras 342-349.

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NOTICES FROM MEMBER STATES

| 27.4.2023 | EN | Official Journal of the European Union | C 145/19 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/19

---

Notice from the Government of Malta concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2023/C 145/10)

The Ministry for Finance and Employment hereby notifies that pursuant to the Notice from the Government of Malta concerning the above-mentioned Directive published in the Official Journal of the European Union on 10 November 2022 (2022/C 428/04), Area 2 and Area 7 are now under an authorisation and are not available for licensing until further notice.

Information regarding this notice may be obtained by contacting the Director General of the Continental Shelf Department at the Ministry for Finance and Employment, Block E, Antonio Maurizio Valperga Street, Floriana, FRN 1700, Malta on dgcs.csmalta@gov.mt and on continentalshelf.gov.mt.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 27.4.2023 | EN | Official Journal of the European Union | C 145/20 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/20

---

EFTA Surveillance Authority information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Repeal of public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2023/C 145/11)

| Member State | Norway |
| --- | --- |
| Routes concerned | Northern Norway:






  — | Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta |

Member State

Norway

Routes concerned

Northern Norway:

—

Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta

| — | Sørkjosen–Tromsø v.v. |
| --- | --- |

—

Sørkjosen–Tromsø v.v.

| — | Lakselv–Tromsø v.v. |
| --- | --- |

—

Lakselv–Tromsø v.v.

| — | Andøya–Bodø v.v., Andøya–Tromsø v.v. |
| --- | --- |

—

Andøya–Bodø v.v., Andøya–Tromsø v.v.

| — | Harstad/Narvik–Bodø v.v., Harstad/Narvik–Tromsø v.v. |
| --- | --- |

—

Harstad/Narvik–Bodø v.v., Harstad/Narvik–Tromsø v.v.

| — | Stokmarknes–Bodø v.v., Stokmarknes–Tromsø v.v. |
| --- | --- |

—

Stokmarknes–Bodø v.v., Stokmarknes–Tromsø v.v.

| — | Leknes–Bodø v.v. |
| --- | --- |

—

Leknes–Bodø v.v.

| — | Svolvær–Bodø v.v. |
| --- | --- |

—

Svolvær–Bodø v.v.

| — | Røst–Bodø v.v. |
| --- | --- |

—

Røst–Bodø v.v.

| — | Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v. |
| --- | --- |

—

Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v.

| — | Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v. |
| --- | --- |

—

Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v.

| — | Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v. |
| --- | --- |

—

Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v.

| — | Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v. |
| --- | --- |

—

Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v.

| — | Namsos–Trondheim v.v., |
| --- | --- |

—

Namsos–Trondheim v.v.,

| — | Rørvik–Trondheim v.v. |
| --- | --- |

—

Rørvik–Trondheim v.v.

| — | Værøy–Bodø v.v. (helicopter) |
| --- | --- |

—

Værøy–Bodø v.v. (helicopter)

Southern Norway:

| — | Røros–Oslo v.v. |
| --- | --- |

—

Røros–Oslo v.v.

| — | Førde–Oslo v.v. |
| --- | --- |

—

Førde–Oslo v.v.

| — | Florø–Oslo v.v |
| --- | --- |

—

Florø–Oslo v.v

| — | Sogndal–Oslo v.v., Sogndal–Bergen v.v. |
| --- | --- |

—

Sogndal–Oslo v.v., Sogndal–Bergen v.v.

| — | Sandane–Oslo v.v., Sandane–Bergen v.v. |
| --- | --- |

—

Sandane–Oslo v.v., Sandane–Bergen v.v.

| — | Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v. |
| --- | --- |

—

Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v.

Original date of entry into force of the public service obligations

1 August 2019, 1 April 2020, 1 October 2021 and 1 April 2022

Date of repeal

1 August 2024 for Værøy–Bodø v.v

1 April 2024 for remaining routes

Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained

The public service obligations announced on 8 February 2018 in the Official Journal of the EU no. C 46 and the EEA Supplement no. 8 are hereby repealed on the routes concerned.

The public service obligations announced on 7 February 2019 in the Official Journal of the EU no. C 49 and the EEA Supplement no. 9 are hereby repealed on the routes concerned.

The public service obligations announced on 15 April 2021 in the Official Journal of the EU no. C 132 and the EEA Supplement no. 27 are hereby repealed on the routes concerned (Ørsta-Volda–Oslo v.v. and Florø–Oslo v.v.).

The public service obligations announced on 30 September 2021 in the Official Journal of the EU no. C 396 and the EEA Supplement no. 63 are hereby repealed on the routes concerned.

The Norwegian Ministry of Transport

Find document - regjeringen.no

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/22 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/22

---

EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2023/C 145/12)

| Member State | Norway |
| --- | --- |
| Concerned routes | Northern Norway:






  — | Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Alta and Tromsø |

Member State

Norway

Concerned routes

Northern Norway:

—

Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Alta and Tromsø

| — | Sørkjosen–Tromsø v.v. |
| --- | --- |

—

Sørkjosen–Tromsø v.v.

| — | Lakselv–Tromsø v.v. |
| --- | --- |

—

Lakselv–Tromsø v.v.

| — | Andøya–Bodø v.v., Andøya–Tromsø v.v. |
| --- | --- |

—

Andøya–Bodø v.v., Andøya–Tromsø v.v.

| — | Harstad/Narvik–Bodø v.v., Harstad/Narvik–Tromsø v.v. |
| --- | --- |

—

Harstad/Narvik–Bodø v.v., Harstad/Narvik–Tromsø v.v.

| — | Stokmarknes–Bodø v.v., Stokmarknes–Tromsø v.v. |
| --- | --- |

—

Stokmarknes–Bodø v.v., Stokmarknes–Tromsø v.v.

| — | Leknes–Bodø v.v. |
| --- | --- |

—

Leknes–Bodø v.v.

| — | Svolvær–Bodø v.v. |
| --- | --- |

—

Svolvær–Bodø v.v.

| — | Røst–Bodø v.v. |
| --- | --- |

—

Røst–Bodø v.v.

| — | Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v. |
| --- | --- |

—

Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v.

| — | Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v. |
| --- | --- |

—

Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v.

| — | Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v. |
| --- | --- |

—

Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v.

| — | Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v. |
| --- | --- |

—

Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v.

| — | Namsos–Trondheim v.v., |
| --- | --- |

—

Namsos–Trondheim v.v.,

| — | Rørvik–Trondheim v.v. |
| --- | --- |

—

Rørvik–Trondheim v.v.

| — | Værøy–Bodø v.v. (helicopter) |
| --- | --- |

—

Værøy–Bodø v.v. (helicopter)

Southern Norway:

| — | Røros–Oslo v.v. |
| --- | --- |

—

Røros–Oslo v.v.

| — | Førde–Oslo v.v. |
| --- | --- |

—

Førde–Oslo v.v.

| — | Florø–Oslo v.v |
| --- | --- |

—

Florø–Oslo v.v

| — | Stord–Oslo v.v. |
| --- | --- |

—

Stord–Oslo v.v.

| — | Sogndal–Oslo v.v., Sogndal–Bergen v.v. |
| --- | --- |

—

Sogndal–Oslo v.v., Sogndal–Bergen v.v.

| — | Sandane–Oslo v.v., Sandane–Bergen v.v. |
| --- | --- |

—

Sandane–Oslo v.v., Sandane–Bergen v.v.

| — | Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v |
| --- | --- |

—

Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v

Period of validity of the contract

1 April 2024 – 31 October 2027 (Southern Norway),

1 April 2024 – 31 October 2028(Northern Norway)

1 August 2024 – 31 October 2028 (Værøy–Bodø v.v.)

Deadline for submission of tenders

27 June 2023

Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the modified public service obligations can be obtained

The Norwegian Ministry of Transport

Find document - regjeringen.no

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/23 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/23

---

EFTA Surveillance Authority communication pursuant to Article 16(4) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community

Establishment of public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2023/C 145/13)

| Member State | Norway |
| --- | --- |
| Concerned routes | — | Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Alta and Tromsø |

Member State

Norway

Concerned routes

—

Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Alta and Tromsø

| — | Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., |
| --- | --- |

—

Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v.,

| — | Sørkjosen–Tromsø v.v. |
| --- | --- |

—

Sørkjosen–Tromsø v.v.

| — | Lakselv–Tromsø v.v. |
| --- | --- |

—

Lakselv–Tromsø v.v.

| — | Andøya–Bodø v.v., Andøya–Tromsø v.v. |
| --- | --- |

—

Andøya–Bodø v.v., Andøya–Tromsø v.v.

| — | Harstad/Narvik–Tromsø v.v. |
| --- | --- |

—

Harstad/Narvik–Tromsø v.v.

| — | Harstad/Narvik–Bodø v.v. |
| --- | --- |

—

Harstad/Narvik–Bodø v.v.

| — | Stokmarknes–Tromsø v.v. |
| --- | --- |

—

Stokmarknes–Tromsø v.v.

| — | Stokmarknes–Bodø v.v. |
| --- | --- |

—

Stokmarknes–Bodø v.v.

| — | Leknes–Bodø v.v. |
| --- | --- |

—

Leknes–Bodø v.v.

| — | Svolvær–Bodø v.v. |
| --- | --- |

—

Svolvær–Bodø v.v.

| — | Røst–Bodø v.v. |
| --- | --- |

—

Røst–Bodø v.v.

| — | Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v. |
| --- | --- |

—

Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v.

| — | Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v. |
| --- | --- |

—

Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v.

| — | Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v. |
| --- | --- |

—

Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v.

| — | Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v. |
| --- | --- |

—

Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v.

| — | Namsos–Trondheim v.v., Rørvik–Trondheim v.v. |
| --- | --- |

—

Namsos–Trondheim v.v., Rørvik–Trondheim v.v.

| — | Værøy–Bodø v.v. |
| --- | --- |

—

Værøy–Bodø v.v.

| — | Røros–Oslo v.v. |
| --- | --- |

—

Røros–Oslo v.v.

| — | Førde–Oslo v.v. |
| --- | --- |

—

Førde–Oslo v.v.

| — | Florø–Oslo v.v |
| --- | --- |

—

Florø–Oslo v.v

| — | Stord–Oslo v.v. |
| --- | --- |

—

Stord–Oslo v.v.

| — | Sogndal–Oslo v.v., Sogndal–Bergen v.v. |
| --- | --- |

—

Sogndal–Oslo v.v., Sogndal–Bergen v.v.

| — | Sandane–Oslo v.v., Sandane–Bergen v.v. |
| --- | --- |

—

Sandane–Oslo v.v., Sandane–Bergen v.v.

| — | Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v |
| --- | --- |

—

Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v

Date of entry into force of the public service obligations

1 April 2024 and 1 August 2024 (Værøy–Bodø v.v.)

Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained

The Norwegian Ministry of Transport

Find document - regjeringen.no

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V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 27.4.2023 | EN | Official Journal of the European Union | C 145/24 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/24

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NOTICE PURSUANT TO ARTICLE 29(2) OF THE STAFF REGULATIONS

Publication of a vacancy for the function of Director GROW.B ‘Planning, Finance and Digital Solutions’ (grade AD 14) in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW)

(COM/2023/10429)

(2023/C 145/14)

The European Commission has published a vacancy notice (reference COM/2023/10429) for the function of Director GROW.B ‘Planning, Finance and Digital Solutions’ in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) (grade AD 14).

To consult the text of the vacancy notice in 24 languages and to submit your application, please visit this dedicated webpage on the European Commission’s website: https://europa.eu/!Nh4y9M

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 27.4.2023 | EN | Official Journal of the European Union | C 145/25 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/25

---

Prior notification of a concentration

(Case M.11058 – ALTOR / MARLIN / MELTWATER)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 145/15)

1.

This notification concerns the following undertakings:

| — | Altor Fund Manager AB (‘Altor’, Sweden), |
| --- | --- |

—

Altor Fund Manager AB (‘Altor’, Sweden),

| — | Marlin Management Company LLC (‘Marlin’, USA), |
| --- | --- |

—

Marlin Management Company LLC (‘Marlin’, USA),

| — | Meltwater N.V. (‘Meltwater’, The Netherlands). |
| --- | --- |

—

Meltwater N.V. (‘Meltwater’, The Netherlands).

Altor and Marlin will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Meltwater.

The concentration is accomplished by way of purchase of shares.

2.

| — | for Altor: a private equity firm which invests in medium sized predominantly Nordic companies with the aim to create value through growth initiatives and operational improvements, |
| --- | --- |

—

for Altor: a private equity firm which invests in medium sized predominantly Nordic companies with the aim to create value through growth initiatives and operational improvements,

| — | for Marlin: a global investment firm which is focused on providing corporate parents, shareholders and other stakeholders with tailored solutions that meet their business and liquidity needs, |
| --- | --- |

—

for Marlin: a global investment firm which is focused on providing corporate parents, shareholders and other stakeholders with tailored solutions that meet their business and liquidity needs,

| — | for Meltwater: a global provider of media intelligence and social analytics across online news, social media, print, broadcast, and podcasts. |
| --- | --- |

—

for Meltwater: a global provider of media intelligence and social analytics across online news, social media, print, broadcast, and podcasts.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.11058 – ALTOR / MARLIN / MELTWATER

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

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Postal address:

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

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’).

1

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

2

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| 27.4.2023 | EN | Official Journal of the European Union | C 145/27 |
| --- | --- | --- | --- |

27.4.2023

EN

Official Journal of the European Union

C 145/27

---

Prior notification of a concentration

(Case M.10876 – BSA (LACTALIS) / AMBROSI)

(Text with EEA relevance)

(2023/C 145/16)

1.

This notification concerns the following undertakings:

| — | BSA S.A.S. (‘BSA’, France), belonging to the Lactalis group, |
| --- | --- |

—

BSA S.A.S. (‘BSA’, France), belonging to the Lactalis group,

| — | Ambrosi S.p.A. Industria Casearia (‘Ambrosi’, Italy). |
| --- | --- |

—

Ambrosi S.p.A. Industria Casearia (‘Ambrosi’, Italy).

BSA will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Ambrosi.

The concentration is accomplished by way of purchase of shares.

2.

| — | BSA is the parent company of the Lactalis Group, which is active worldwide in the production and supply of dairy products, in particular drinking milk, butter, cheeses, fresh dairy, cream and industrial dairy products (milk powder, whey, etc.), |
| --- | --- |

—

BSA is the parent company of the Lactalis Group, which is active worldwide in the production and supply of dairy products, in particular drinking milk, butter, cheeses, fresh dairy, cream and industrial dairy products (milk powder, whey, etc.),

| — | Ambrosi is an Italian company active in the processing, production, and marketing of Italian cheeses, including those protected by a designation of origin label, to retail chains, wholesalers, and other food players worldwide. |
| --- | --- |

—

Ambrosi is an Italian company active in the processing, production, and marketing of Italian cheeses, including those protected by a designation of origin label, to retail chains, wholesalers, and other food players worldwide.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10876 – BSA (LACTALIS) / AMBROSI

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

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Postal address:

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

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’).

1

---