# Official Journal C 445/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 445 |
| | |
| English edition | Information and Notices | Volume 5930 November 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 445

English edition

Information and Notices

Volume 5930 November 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 445/01 | Euro exchange rates | 1 |
| 2016/C 445/02 | Explanatory Notes to the Combined Nomenclature of the European Union | 2 |
| | Court of Justice of the European Union |
| 2016/C 445/03 | Decision of the Court of Justice of the European Union of 11 October 2016 concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions | 3 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 445/01

Euro exchange rates

1

2016/C 445/02

Explanatory Notes to the Combined Nomenclature of the European Union

2

Court of Justice of the European Union

2016/C 445/03

Decision of the Court of Justice of the European Union of 11 October 2016 concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 445/04 | Prior notification of a concentration (Case M.8274 — Cinven/Permira/Allegro/Ceneo) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2016/C 445/05 | Prior notification of a concentration (Case M.8087 — Smiths Group/Morpho Detection) (
  1
  ) | 8 |
| 2016/C 445/06 | Prior notification of a concentration (M.8272 — CVC/Cinven/Newday) — Candidate case for simplified procedure (
  1
  ) | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 445/04

Prior notification of a concentration (Case M.8274 — Cinven/Permira/Allegro/Ceneo) — Candidate case for simplified procedure (
  1
  )

1

7

2016/C 445/05

Prior notification of a concentration (Case M.8087 — Smiths Group/Morpho Detection) (
  1
  )

1

8

2016/C 445/06

Prior notification of a concentration (M.8272 — CVC/Cinven/Newday) — Candidate case for simplified procedure (
  1
  )

1

9

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 30.11.2016 | EN | Official Journal of the European Union | C 445/1 |
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30.11.2016

EN

Official Journal of the European Union

C 445/1

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Euro exchange rates (1)

29 November 2016

(2016/C 445/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0576 |
| JPY | Japanese yen | 119,48 |
| DKK | Danish krone | 7,4391 |
| GBP | Pound sterling | 0,84815 |
| SEK | Swedish krona | 9,7668 |
| CHF | Swiss franc | 1,0752 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0765 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,045 |
| HUF | Hungarian forint | 311,48 |
| PLN | Polish zloty | 4,4299 |
| RON | Romanian leu | 4,5172 |
| TRY | Turkish lira | 3,6267 |
| AUD | Australian dollar | 1,4210 |
| CAD | Canadian dollar | 1,4232 |
| HKD | Hong Kong dollar | 8,2024 |
| NZD | New Zealand dollar | 1,4912 |
| SGD | Singapore dollar | 1,5113 |
| KRW | South Korean won | 1 241,38 |
| ZAR | South African rand | 14,7958 |
| CNY | Chinese yuan renminbi | 7,2972 |
| HRK | Croatian kuna | 7,5368 |
| IDR | Indonesian rupiah | 14 354,28 |
| MYR | Malaysian ringgit | 4,7232 |
| PHP | Philippine peso | 52,664 |
| RUB | Russian rouble | 69,0453 |
| THB | Thai baht | 37,756 |
| BRL | Brazilian real | 3,6009 |
| MXN | Mexican peso | 21,8756 |
| INR | Indian rupee | 72,6565 |

Currency

Exchange rate

USD

US dollar

1,0576

JPY

Japanese yen

119,48

DKK

Danish krone

7,4391

GBP

Pound sterling

0,84815

SEK

Swedish krona

9,7668

CHF

Swiss franc

1,0752

ISK

Iceland króna

NOK

Norwegian krone

9,0765

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,045

HUF

Hungarian forint

311,48

PLN

Polish zloty

4,4299

RON

Romanian leu

4,5172

TRY

Turkish lira

3,6267

AUD

Australian dollar

1,4210

CAD

Canadian dollar

1,4232

HKD

Hong Kong dollar

8,2024

NZD

New Zealand dollar

1,4912

SGD

Singapore dollar

1,5113

KRW

South Korean won

1 241,38

ZAR

South African rand

14,7958

CNY

Chinese yuan renminbi

7,2972

HRK

Croatian kuna

7,5368

IDR

Indonesian rupiah

14 354,28

MYR

Malaysian ringgit

4,7232

PHP

Philippine peso

52,664

RUB

Russian rouble

69,0453

THB

Thai baht

37,756

BRL

Brazilian real

3,6009

MXN

Mexican peso

21,8756

INR

Indian rupee

72,6565

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

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| 30.11.2016 | EN | Official Journal of the European Union | C 445/2 |
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30.11.2016

EN

Official Journal of the European Union

C 445/2

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Explanatory Notes to the Combined Nomenclature of the European Union

(2016/C 445/02)

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 120, the Explanatory note to CN subheadings ‘2707 99 11 and 2707 99 19 Crude oils’ is replaced by the following text:

| ‘2707 99 11 and 2707 99 19 | Crude oils

  These subheadings cover only those products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents. Among the products falling under these subheadings are:






  1. | products obtained from first distillation of high-temperature coal tars. High-temperature coal tars are generally produced in foundry coking plants at a temperature exceeding 900 °C. The distillation products of these tars contain not only hydrocarbons with a predominance by weight of aromatic hydrocarbons but also nitrogen, oxygen and sulphur compounds and very often impurities. These products usually require further processing before use; |
| --- | --- | --- |

‘2707 99 11 and 2707 99 19

Crude oils

These subheadings cover only those products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents. Among the products falling under these subheadings are:

1.

products obtained from first distillation of high-temperature coal tars. High-temperature coal tars are generally produced in foundry coking plants at a temperature exceeding 900 °C. The distillation products of these tars contain not only hydrocarbons with a predominance by weight of aromatic hydrocarbons but also nitrogen, oxygen and sulphur compounds and very often impurities. These products usually require further processing before use;

| 2. | products obtained by debenzolisation after washing of the gas produced during the coking of coal; and |
| --- | --- |

2.

products obtained by debenzolisation after washing of the gas produced during the coking of coal; and

| 3. | products obtained by pyrolysis of waste tyres or other rubber and plastics waste without further processing. |
| --- | --- |

3.

products obtained by pyrolysis of waste tyres or other rubber and plastics waste without further processing.

Products, in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, are not covered by these subheadings if they are residues from either atmospheric or vacuum distillation of crude petroleum or marine fuel oils. These products fall under subheading 2707 99 99.

‘Similar products’ of heading 2707 means those having a composition similar to that of the products described in item 1 above.

However, they may have a higher proportion of aliphatic and naphthenic hydrocarbons as well as of phenolic products and a lower proportion of polynuclear aromatic hydrocarbons than the products described in item 1 above.’

On page 122, in the Explanatory note to CN subheadings ‘2707 99 91 and 2707 99 99 other’ the following point 4 is inserted after the existing text:

On page 122, in the Explanatory note to CN subheadings ‘2707 99 91 and 2707 99 99 other

| ‘4. | residues from distillation (both atmospheric and vacuum) of crude petroleum and marine fuel oils, in which the aromatic constituents predominate by weight over the non-aromatic constituents, (determined by the method described in Annex A to this Chapter) which comply with the following physico-chemical properties:






  (a) | by the EN ISO 3405 method (equivalent to the ASTM D 86 method), less than 65 % by volume (including losses) distils at 250 °C; |
| --- | --- | --- |

‘4.

residues from distillation (both atmospheric and vacuum) of crude petroleum and marine fuel oils, in which the aromatic constituents predominate by weight over the non-aromatic constituents, (determined by the method described in Annex A to this Chapter) which comply with the following physico-chemical properties:

(a)

by the EN ISO 3405 method (equivalent to the ASTM D 86 method), less than 65 % by volume (including losses) distils at 250 °C;

| (b) | the end point of distillation is above 315 °C. |
| --- | --- |

(b)

the end point of distillation is above 315 °C.

The density of these residues may be generally below 1 g/cm3 at 15 °C by the EN ISO 12185 method.

3

These residues may be destined for undergoing a specific process.’

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

1

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

2

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Court of Justice of the European Union

| 30.11.2016 | EN | Official Journal of the European Union | C 445/3 |
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30.11.2016

EN

Official Journal of the European Union

C 445/3

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DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

of 11 October 2016

concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions

(2016/C 445/03)

THE COURT OF JUSTICE OF THE EUROPEAN UNION,

Having regard to Article 15(3) of the Treaty on the Functioning of the European Union,

Having regard to the opinion of the Administrative Committee of 26 September 2016,

Considering that it is necessary to set out rules concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions,

HEREBY ADOPTS THE PRESENT DECISION:

Article 1

Scope

1.   The present Decision shall apply to all documents held by the Court of Justice of the European Union, that is to say, documents drawn up or received by it and in its possession, as part of the exercise of its administrative functions.

2.   This Decision applies without prejudice to public rights of access to the documents of the Court of Justice of the European Union which might follow from instruments of international law or acts implementing them.

Article 2

Beneficiaries

1.   Any citizen of the European Union and any natural or legal person residing or having its registered office in a Member State has a right of access to the documents of the Court of Justice of the European Union listed in Article 1(1) subject to the conditions laid down in the present Decision.

2.   The Court of Justice of the European Union may, subject to the same conditions, grant access to documents to any natural or legal person not residing or having its registered office in a Member State.

Article 3

Exceptions

1.   The Court of Justice of the European Union shall refuse access to a document where disclosure would undermine the protection of:

| (a) | public interest, as regards:






  — | public security, |
| --- | --- | --- |

(a)

public interest, as regards:

—

public security,

| — | defence and military matters, |
| --- | --- |

—

defence and military matters,

| — | international relations, |
| --- | --- |

—

international relations,

| — | the financial, monetary or economic policy of the European Union or a Member State; |
| --- | --- |

—

the financial, monetary or economic policy of the European Union or a Member State;

| (b) | the privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data. |
| --- | --- |

(b)

the privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data.

2.   The Court of Justice of the European Union shall refuse access to a document where disclosure would undermine the protection of:

| — | commercial interests of a natural or legal person, including intellectual property, |
| --- | --- |

—

commercial interests of a natural or legal person, including intellectual property,

| — | court proceedings and legal advice, |
| --- | --- |

—

court proceedings and legal advice,

| — | the purpose of inspections, investigations and audits. |
| --- | --- |

—

the purpose of inspections, investigations and audits.

3.   Access to a document drawn up by the Court of Justice of the European Union for internal use or received by it, which relates to a matter on which the decision has not been taken by it, shall be refused if disclosure of the document would seriously undermine the decision-making process of the Court of Justice of the European Union.

Access to a document containing opinions for internal use as part of deliberations and preliminary consultations carried out within the Court of Justice of the European Union or outside thereof if the Court has participated in them shall be refused even after the decision has been taken if disclosure of the document would seriously undermine the decision-making process of the Court of Justice of the European Union.

4.   The exceptions set out in paragraphs 2 and 3 shall not apply if there is an overriding public interest in disclosure of the document concerned.

5.   If only parts of the requested document are covered by one or more of the exceptions set out in paragraphs 1, 2 and 3, the remaining parts of the document shall be disclosed.

6.   The exceptions as laid down in paragraphs 1, 2 and 3 shall apply only for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to privacy or commercial interests, the exceptions may, if necessary, continue to apply after this period.

7.   The present Article shall apply without prejudice to the provisions of Article 9.

Article 4

Submission of initial applications

1.   Applications for access to a document of the Court of Justice of the European Union must be made in one of the official languages of the European Union on a form which is available on the internet site of the Court of Justice of the European Union. It must be sent preferably electronically in accordance with the instructions set out on the abovementioned internet site or, in exceptional circumstances, by post or by fax.

2.   Applications shall be made in a sufficiently precise manner and shall contain, in particular, the elements enabling identification of the document or documents requested and the name and address of the applicant.

3.   If an application is not sufficiently precise, the Court of Justice of the European Union shall ask the applicant to clarify the application and shall assist the applicant in doing so.

4.   In the event of an application relating to a very long document or to a very large number of documents, the Court of Justice of the European Union may confer with the applicant informally, with a view to finding a fair solution.

5.   The applicant is not obliged to state reasons for the application.

Article 5

Processing of initial applications

1.   A written acknowledgement of receipt (electronic mail, post or fax) shall be sent to the applicant immediately upon registration of the form containing the application.

2.   Within a maximum of 1 month from registration of the application, the Court of Justice of the European Union shall grant access to the document requested by supplying it to the applicant.

3.   If the Court of Justice of the European Union is not in a position to grant access to the document requested, it shall, within the period laid down in paragraph 2 and in writing, inform the applicant of the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application within 1 month of receipt of the reply.

4.   In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 2 may be extended by 1 month, provided that the applicant is notified in advance and that detailed reasons are given.

5.   In the case referred to in Article 4(3), the period for replying shall not start to run until the Court of Justice of the European Union has received additional information from the applicant to make the application sufficiently precise.

6.   Regulation (EEC, Euratom) No 1182/71 of the Council (OJ L 124, 8.6.1971, p. 1; English Special Edition 1971 (II), p. 354) determining the rules applicable to periods, dates and time limits shall apply by analogy to the calculation of periods.

Article 6

Submission of confirmatory applications

1.   In the event of a total or partial refusal of his or her initial application, the applicant may make a confirmatory application.

2.   Failure by the Court of Justice of the European Union to reply within the prescribed time limit shall entitle the applicant to make a confirmatory application.

3.   The confirmatory application must be sent to the Court of Justice of the European Union within 1 month either of receipt of the total or partial refusal of access to the document requested or, in the absence of any reply to the initial application, of the expiry of the period fixed for the reply.

4.   The confirmatory application must be formulated in accordance with the formal requirements set out in Article 4.

Article 7

Processing of confirmatory applications

1.   Confirmatory applications shall be handled in the manner prescribed in Article 5, with the exception of the information concerning the right to make a confirmatory application.

2.   In the event that the Court of Justice of the European Union refuses, totally or partially, a confirmatory application, it shall inform the applicant of the remedies open to him or her to challenge that refusal, namely instituting court proceedings or making a complaint to the European Ombudsman, under the conditions laid down in Articles 263 and 228 of the Treaty on the Functioning of the European Union.

3.   Failure to reply to a confirmatory application within the prescribed time limit shall be considered as a negative reply and entitle the applicant to make use of the procedures set out in paragraph 2.

Article 8

Competent authorities

1.   The authority empowered to decide on the reply to be given to an initial application for access to a document shall be the Director of Communications.

2.   When the document requested is held by the Registry of the Court of Justice of the European Union or the Registry of the General Court of the European Union, the competent authorities shall be the Deputy Registrar of the Court of Justice and the Deputy Registrar of the General Court respectively.

The Deputy Registrars of the Court of Justice and the General Court may delegate their powers as regards an initial application to an administrator in their Registry.

3.   The authority empowered to decide on the reply to be given to a confirmatory application shall be the Registrar of the Court of Justice of the European Union or, where the confirmatory application concerns a document held by the Registry of the General Court of the European Union, the Registrar of the General Court.

4.   When a Member State, having received an application for access to a document which it holds and which emanates from the Court of Justice of the European Union in the exercise of its administrative functions, contacts the Court of Justice in order to consult it, the reply to that request for consultation shall be given by the authority who would be empowered pursuant to paragraph 3 to reply to a confirmatory application for access to the same document made directly to the Court of Justice of the European Union.

5.   By derogation from paragraph 1, the Registrar of the Court of Justice may designate another authority empowered to decide on the reply to be given to an initial application for access to a document.

Article 9

Third-party documents

1.   The Court of Justice of the European Union shall not grant access to third-party documents in its possession until it has received the consent of the third party concerned.

2.   For the purposes of the present Article, ‘third party’ shall mean any natural or legal person or body external to the Court of Justice of the European Union, including the Member States, the other institutions, bodies, offices and agencies of the European Union and non-member States.

3.   When the Court of Justice of the European Union receives an application for access to a third-party document, the competent authority shall consult the third party concerned in order to ascertain whether the third party opposes release of that document, unless it decides of its own motion to refuse to release the document on the basis of one of the exceptions set out in Article 3.

Article 10

Means of access

1.   Documents shall be supplied in an existing version and format. The Court of Justice of the European Union shall not be required, by virtue of the present Decision, to create a new document or gather information at the request of the applicant.

The copy supplied may be a paper copy or an electronic copy, having full regard to the applicant’s preference in that respect.

If documents are voluminous or difficult to handle, the applicant may be invited to consult the documents on the spot.

2.   If a document has already been released by the Court of Justice of the European Union or by another institution concerned and is easily accessible, the Court of Justice may merely inform the applicant how to obtain it.

Article 11

Charge for access

1.   A fee for producing and sending copies may be charged to the applicant.

2.   Consultation on the spot and copies of less than 20 A4 pages shall as a general rule be free of charge.

3.   The fee for producing and sending copies shall be calculated on the basis of a tariff fixed by decision of the Registrar of the Court of Justice. This fee shall not exceed the real cost of producing and sending the copies.

4.   Published documents shall continue to be subject to their own pricing system.

Article 12

Reproduction of documents

1.   This Decision shall be without prejudice to any existing rules on copyright which may limit a third party’s right to reproduce or exploit released documents.

2.   Documents covered by copyright of which the Court of Justice of the European Union is the holder and which are released by virtue of this Decision may not be reproduced or exploited for commercial purposes without the prior written authorisation of the Court of Justice of the European Union.

Article 13

Application measures

The Registrar of the Court of Justice shall adopt the measures necessary for the application of this Decision. Those measures shall be published on the internet site of the Court of Justice of the European Union.

Article 14

Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It replaces and repeals the Decision of the Court of Justice of the European Union of 11 December 2012 concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions (OJ C 38, 9.2.2013, p. 2).

Done at Luxembourg, 11 October 2016.

Registrar

Alfredo CALOT ESCOBAR

President

Koen LENAERTS

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 30.11.2016 | EN | Official Journal of the European Union | C 445/7 |
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30.11.2016

EN

Official Journal of the European Union

C 445/7

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Prior notification of a concentration

(Case M.8274 — Cinven/Permira/Allegro/Ceneo)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 445/04)

| 1. | On 23 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Raiva sp. z o. o. and Adinan BidCo 2 sp. z o. o., investment vehicles under the indirect joint control of private equity funds managed or advised by Permira Holdings Limited, acting through Permira VI G.P. Limited (together, ‘Permira’, United Kingdom) and Cinven Capital Management (VI) General Partner Limited (‘Cinven’, Guernsey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of Grupa Allegro sp. z o. o. (‘Allegro’) and Ceneo sp. z o. o. (‘Ceneo’) by way of purchase of shares. |
| --- | --- |

1.

On 23 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Raiva sp. z o. o. and Adinan BidCo 2 sp. z o. o., investment vehicles under the indirect joint control of private equity funds managed or advised by Permira Holdings Limited, acting through Permira VI G.P. Limited (together, ‘Permira’, United Kingdom) and Cinven Capital Management (VI) General Partner Limited (‘Cinven’, Guernsey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of Grupa Allegro sp. z o. o. (‘Allegro’) and Ceneo sp. z o. o. (‘Ceneo’) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Permira: a private equity business engaged in the provision of investment management services to a number of investment funds. Permira controls a number of portfolio companies which are active in a variety of sectors across a range of jurisdictions,
  —   for Cinven: a private equity business engaged in the provision of investment management and advisory services to a number of investment funds. Cinven controls a number of portfolio companies which are active in a variety of sectors across a range of jurisdictions,
  —   for Allegro: an operator of an online marketplace portal using the allegro.pl and allegro.de domain names. Allegro facilitates e-commerce transactions between online shoppers and vendors who offer various goods on its marketplace portal,
  —   for Ceneo: an operator of an online price comparison portal at the ceneo.pl domain name. Ceneo’s portal allows online sellers to advertise their goods and services and users of the portal to compare prices and obtain information about the sellers’ goods and services. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Permira: a private equity business engaged in the provision of investment management services to a number of investment funds. Permira controls a number of portfolio companies which are active in a variety of sectors across a range of jurisdictions,

—   for Cinven: a private equity business engaged in the provision of investment management and advisory services to a number of investment funds. Cinven controls a number of portfolio companies which are active in a variety of sectors across a range of jurisdictions,

—   for Allegro: an operator of an online marketplace portal using the allegro.pl and allegro.de domain names. Allegro facilitates e-commerce transactions between online shoppers and vendors who offer various goods on its marketplace portal,

—   for Ceneo: an operator of an online price comparison portal at the ceneo.pl domain name. Ceneo’s portal allows online sellers to advertise their goods and services and users of the portal to compare prices and obtain information about the sellers’ goods and services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in 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.8274 — Cinven/Permira/Allegro/Ceneo, 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.8274 — Cinven/Permira/Allegro/Ceneo, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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| 30.11.2016 | EN | Official Journal of the European Union | C 445/8 |
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30.11.2016

EN

Official Journal of the European Union

C 445/8

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Prior notification of a concentration

(Case M.8087 — Smiths Group/Morpho Detection)

(Text with EEA relevance)

(2016/C 445/05)

| 1. | On 23 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Smiths Group plc (‘Smiths’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Morpho Detection, LLC and Morpho Detection International, LLC (together ‘Morpho Detection’, United States) by way of purchase of shares and assets. |
| --- | --- |

1.

On 23 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Smiths Group plc (‘Smiths’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Morpho Detection, LLC and Morpho Detection International, LLC (together ‘Morpho Detection’, United States) by way of purchase of shares and assets.

| 2. | The business activities of the undertakings concerned are:
  —   for Smiths: global technology company with five divisions: John Crane, Smiths Medical, Smiths Detection, Smiths Interconnect and Flex-Tek. Smiths Detection offers security solutions for customers worldwide. It develops and manufactures equipment that detects and identifies explosives, weapons, chemical agents, biohazards, nuclear and radioactive material, narcotics and contraband. It also offers services to maintain and upgrade its installed base of equipment and related products,
  —   for Morpho Detection: development and manufacturing of equipment for detecting and identifying explosive, radiological and nuclear threats, as well as narcotics and contraband. It also offers services to maintain and upgrade its installed base of equipment and related products. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Smiths: global technology company with five divisions: John Crane, Smiths Medical, Smiths Detection, Smiths Interconnect and Flex-Tek. Smiths Detection offers security solutions for customers worldwide. It develops and manufactures equipment that detects and identifies explosives, weapons, chemical agents, biohazards, nuclear and radioactive material, narcotics and contraband. It also offers services to maintain and upgrade its installed base of equipment and related products,

—   for Morpho Detection: development and manufacturing of equipment for detecting and identifying explosive, radiological and nuclear threats, as well as narcotics and contraband. It also offers services to maintain and upgrade its installed base of equipment and related products.

| 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. |
| --- | --- |

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. | 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.8087 — Smiths Group/Morpho Detection, 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.8087 — Smiths Group/Morpho Detection, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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| 30.11.2016 | EN | Official Journal of the European Union | C 445/9 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

C 445/9

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Prior notification of a concentration

(M.8272 — CVC/Cinven/Newday)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 445/06)

| 1. | On 22 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CVC Capital Partners SICAV-FIS SA (‘CVC’, Luxembourg) and Cinven Capital Management (VI) General Partner Limited (‘Cinven (VI) GP’, Guernsey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of NewDay Group Holdings Sàrl (‘NewDay’, Luxembourg) by way of purchase of shares. |
| --- | --- |

1.

On 22 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CVC Capital Partners SICAV-FIS SA (‘CVC’, Luxembourg) and Cinven Capital Management (VI) General Partner Limited (‘Cinven (VI) GP’, Guernsey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of NewDay Group Holdings Sàrl (‘NewDay’, Luxembourg) by way of purchase of shares.

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






  — | CVC is a global private equity investment fund holding interests in various industries including chemicals, utilities, manufacturing, retailing and distribution, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are as follows:

—

CVC is a global private equity investment fund holding interests in various industries including chemicals, utilities, manufacturing, retailing and distribution,

| — | Cinven (VI) GP is a global private equity investment fund holding interests in engineering, consumer and retail, healthcare and telecommunications businesses, |
| --- | --- |

—

Cinven (VI) GP is a global private equity investment fund holding interests in engineering, consumer and retail, healthcare and telecommunications businesses,

| — | NewDay is a UK consumer finance provider offering credit cards, specifically, near-prime consumer credit cards and co-brand consumer credit cards, and store cards. |
| --- | --- |

—

NewDay is a UK consumer finance provider offering credit cards, specifically, near-prime consumer credit cards and co-brand consumer credit cards, and store cards.

| 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.8272 — CVC/Cinven/Newday 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.8272 — CVC/Cinven/Newday to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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