# Official Journal C 219/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 219 |
| | |
| English edition | Information and Notices | Volume 621 July 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 219

English edition

Information and Notices

Volume 621 July 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 219/01 | Non-opposition to a notified concentration (Case M.9385 — Orange/SecureLink) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 219/01

Non-opposition to a notified concentration (Case M.9385 — Orange/SecureLink) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 219/02 | Euro exchange rates | 2 |
| 2019/C 219/03 | Communication from the Commission — Regarding the start of functioning of the Advisory Council for Outermost Regions | 3 |
| 2019/C 219/04 | Explanatory Notes to the Combined Nomenclature of the European Union | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 219/02

Euro exchange rates

2

2019/C 219/03

Communication from the Commission — Regarding the start of functioning of the Advisory Council for Outermost Regions

3

2019/C 219/04

Explanatory Notes to the Combined Nomenclature of the European Union

4

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2019/C 219/05 | Prior notification of a concentration (Case M.9396 — Capman/CBRE/Norled) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2019/C 219/06 | Prior notification of a concentration (Case M.9062 — Fortress Investment Group/Air Investment Valencia/JV) (
  1
  ) | 7 |
| 2019/C 219/07 | Prior notification of a concentration (Case M.9294 — BMS/Celgene) (
  1
  ) | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2019/C 219/05

Prior notification of a concentration (Case M.9396 — Capman/CBRE/Norled) — Candidate case for simplified procedure (
  1
  )

1

5

2019/C 219/06

Prior notification of a concentration (Case M.9062 — Fortress Investment Group/Air Investment Valencia/JV) (
  1
  )

1

7

2019/C 219/07

Prior notification of a concentration (Case M.9294 — BMS/Celgene) (
  1
  )

1

8

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

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(1)   Text with EEA relevance.

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.7.2019 | EN | Official Journal of the European Union | C 219/1 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/1

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Non-opposition to a notified concentration

(Case M.9385 — Orange/SecureLink)

(Text with EEA relevance)

(2019/C 219/01)

On 21 June 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9385. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9385. EUR-Lex is the online access to European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.7.2019 | EN | Official Journal of the European Union | C 219/2 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/2

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Euro exchange rates (1)

28 June 2019

(2019/C 219/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1380 |
| JPY | Japanese yen | 122,60 |
| DKK | Danish krone | 7,4636 |
| GBP | Pound sterling | 0,89655 |
| SEK | Swedish krona | 10,5633 |
| CHF | Swiss franc | 1,1105 |
| ISK | Iceland króna | 141,70 |
| NOK | Norwegian krone | 9,6938 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,447 |
| HUF | Hungarian forint | 323,39 |
| PLN | Polish zloty | 4,2496 |
| RON | Romanian leu | 4,7343 |
| TRY | Turkish lira | 6,5655 |
| AUD | Australian dollar | 1,6244 |
| CAD | Canadian dollar | 1,4893 |
| HKD | Hong Kong dollar | 8,8866 |
| NZD | New Zealand dollar | 1,6960 |
| SGD | Singapore dollar | 1,5395 |
| KRW | South Korean won | 1 315,35 |
| ZAR | South African rand | 16,1218 |
| CNY | Chinese yuan renminbi | 7,8185 |
| HRK | Croatian kuna | 7,3973 |
| IDR | Indonesian rupiah | 16 083,35 |
| MYR | Malaysian ringgit | 4,7082 |
| PHP | Philippine peso | 58,335 |
| RUB | Russian rouble | 71,5975 |
| THB | Thai baht | 34,897 |
| BRL | Brazilian real | 4,3511 |
| MXN | Mexican peso | 21,8201 |
| INR | Indian rupee | 78,5240 |

Currency

Exchange rate

USD

US dollar

1,1380

JPY

Japanese yen

122,60

DKK

Danish krone

7,4636

GBP

Pound sterling

0,89655

SEK

Swedish krona

10,5633

CHF

Swiss franc

1,1105

ISK

Iceland króna

141,70

NOK

Norwegian krone

9,6938

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,447

HUF

Hungarian forint

323,39

PLN

Polish zloty

4,2496

RON

Romanian leu

4,7343

TRY

Turkish lira

6,5655

AUD

Australian dollar

1,6244

CAD

Canadian dollar

1,4893

HKD

Hong Kong dollar

8,8866

NZD

New Zealand dollar

1,6960

SGD

Singapore dollar

1,5395

KRW

South Korean won

1 315,35

ZAR

South African rand

16,1218

CNY

Chinese yuan renminbi

7,8185

HRK

Croatian kuna

7,3973

IDR

Indonesian rupiah

16 083,35

MYR

Malaysian ringgit

4,7082

PHP

Philippine peso

58,335

RUB

Russian rouble

71,5975

THB

Thai baht

34,897

BRL

Brazilian real

4,3511

MXN

Mexican peso

21,8201

INR

Indian rupee

78,5240

---

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

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| 1.7.2019 | EN | Official Journal of the European Union | C 219/3 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/3

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COMMUNICATION FROM THE COMMISSION

Regarding the start of functioning of the Advisory Council for Outermost Regions

(2019/C 219/03)

Article 43(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1) creates four new Advisory Councils, including one for Outermost Regions. The Advisory Councils for Aquaculture, for Markets and for the Black Sea were all set-up in 2016 (2). The Advisory Council for Outermost Regions is the last Advisory Council to be set-up.

In line with Article 3 of Commission Delegated Regulation (EU) 2015/242 of 9 October 2014 laying down detailed rules on the functioning of Advisory Councils under the Common Fisheries Policy (3), stakeholders interested in the setting up of this new Advisory Council have submitted to the Commission in January 2019, a joint application regarding the start of functioning of an Advisory Council for Outermost Regions.

The Commission has verified the compatibility of the joint application with the relevant EU rules and subsequently transmitted it to the three Member States concerned (4), who needed to determine whether the application is signed by representative sector organisations and other interest groups.

Member States concerned did not raise any objection within the deadline of one month set in Article 3(3) of Delegated Regulation (EU) 2015/242. In conclusion, the Advisory Council for Outermost Regions can start functioning and become eligible to receive an annual contribution from the EU Budget to cover a part of its operational costs from the day following the publication of this Communication in the Official Journal of the European Union.

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(1)  OJ L 354, 28.12.2013, p. 22.

(2)  Communication from the Commission regarding the start of the functioning of the Advisory Council for Aquaculture, of the Advisory Council for Markets and of the Advisory Council for the Black Sea (OJ C 74, 26.2.2016, p. 1).

(3)  OJ L 41, 17.2.2015, p. 1.

(4)  France, Portugal, Spain.

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| 1.7.2019 | EN | Official Journal of the European Union | C 219/4 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/4

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Explanatory Notes to the Combined Nomenclature of the European Union

(2019/C 219/04)

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 101, the Explanatory note to CN heading ‘2206 00 Other fermented beverages (for example, cider, perry, mead, saké); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included’ is replaced by the following text:

‘Products obtained through fermentation remain classified under heading 2206 provided that they retain the character of products classified under that heading, namely that of fermented beverages. Products to which, for instance, distilled alcohol, water and other substances (such as syrup, various aromas and colourings, and, in some cases, a cream base) have been added, might have changed their characteristics. When those additions result in losing the taste, smell and/or appearance of a beverage produced from a particular fruit or natural product, that is to say a fermented beverage of heading 2206, those products are to be classified under heading 2208 (see, to that effect, for example the judgments of the Court of Justice of the European Union in Case C-150/08 (*1) and in Joined Cases C-532/14 and C-533/14 (*2)).

On page 104, the Explanatory note to CN subheadings ‘2208 90 91 and 2208 90 99 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol, in containers holding’ is replaced by the following text:

On page 104, the Explanatory note to CN subheadings ‘2208 90 91 and 2208 90 99 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol, in containers holding

‘Products which are obtained not exclusively through fermentation but also through a process of purification, which leads to those products losing the properties and characteristics of fermented beverages and acquiring those of ethyl alcohol, are classified under heading 2208 (see, to that effect, for example the judgment of the Court of Justice of the European Union in Case C-196/10 (*3) as regards a liquid described as a “malt beer base” with an alcoholic strength by volume of 14 % and obtained from brewed beer which has been clarified and then subjected to ultrafiltration, by which the concentration of ingredients such as bitter substances and proteins has been reduced).

See also the explanatory note to heading 2206 00.

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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 119, 29.3.2019, p. 1.

2

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 1.7.2019 | EN | Official Journal of the European Union | C 219/5 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/5

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Prior notification of a concentration

(Case M.9396 — Capman/CBRE/Norled)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 219/05)

1.

This notification concerns the following undertakings:

| — | CapMan AIFM Oy (‘CapMan’, Finland), |
| --- | --- |

—

CapMan AIFM Oy (‘CapMan’, Finland),

| — | CBRE Caledon Capital Management Inc. (‘CBRE’, Canada), |
| --- | --- |

—

CBRE Caledon Capital Management Inc. (‘CBRE’, Canada),

| — | Norled AS (‘Norled’, Norway). |
| --- | --- |

—

Norled AS (‘Norled’, Norway).

CapMan and CBRE acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Norled.

The concentration is accomplished by way of purchase of shares.

2.

—   for CapMan: manager of the investment fund CapMan Nordic Infrastructure I SCSP established in Luxembourg. CapMan is part of CapMan Group, a Nordic private assets management and investment company headquartered in Helsinki, Finland,

—   for CBRE: controlling the investment fund CBRE Caledon Noah Aggregator LP established in Ontario, Canada. CBRE is an indirect subsidiary of CBRE Group, a commercial real estate services and investment firm, headquartered in Los Angeles, US,

—   for Norled: a provider of ferry and express boat services in Norway.

3.

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

4.

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

M.9396 — Capman/CBRE/Norled

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

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

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

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(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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| 1.7.2019 | EN | Official Journal of the European Union | C 219/7 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/7

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Prior notification of a concentration

(Case M.9062 — Fortress Investment Group/Air Investment Valencia/JV)

(Text with EEA relevance)

(2019/C 219/06)

1.

This notification concerns the following undertakings:

| — | Fortress Investment Group (USA), controlled by SoftBank Group (Japan), |
| --- | --- |

—

Fortress Investment Group (USA), controlled by SoftBank Group (Japan),

| — | Air Investment Valencia (Spain). |
| --- | --- |

—

Air Investment Valencia (Spain).

Fortress Investment Group and Air Investment Valencia acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the ‘JV’), in which (i) Fortress Investment Group will contribute the business of CityJet; and (ii) Air Investment Valencia will contribute the businesses of Air Nostrum.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

—   for Fortress Investment Group: management of assets on behalf on institutional clients and private investors worldwide. Fortress is the ultimate parent company of (i) Falko Regional Aircraft Limited, a provider of dry lease services to other airlines worldwide, including Europe; and (ii) CityJet (Ireland), a European regional airline providing wet and damp lease to other airlines and ad hoc charter services across Europe. SoftBank Group is a group comprising subsidiaries involved in telecommunication products and services, primarily in the USA and in Japan,

—   for Air Investment Valencia: holding company belonging to Mr Carlos Bertomeu, which controls, inter alia, Saimer Leasing Limited (an aircraft dry lessor and provider of fleet supply services to air operators) and Air Nostrum (Spain). Air Nostrum is a European regional airline providing wet and damp lease to other airlines, charter services across Europe and franchise services to Iberia. Air Nostrum itself controls (i) Hibernian Airlines Limited (Ireland), an airline intended to provide wet lease services to airlines in Northern and Central Europe; and (ii) Aviatech & Consulting, S.L., which provides technical office services to Air Nostrum and which is envisaged to also provide legal, financial, IT and consulting services to the rest of the companies of the JV.

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.9062 — Fortress Investment Group/Air Investment Valencia/JV

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

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

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

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

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| 1.7.2019 | EN | Official Journal of the European Union | C 219/8 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 219/8

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Prior notification of a concentration

(Case M.9294 — BMS/Celgene)

(Text with EEA relevance)

(2019/C 219/07)

1.

This notification concerns the following undertakings:

| — | Bristol-Myers Squibb Company, (‘BMS’, United States), |
| --- | --- |

—

Bristol-Myers Squibb Company, (‘BMS’, United States),

| — | Celgene Corporation (‘Celgene’, United States). |
| --- | --- |

—

Celgene Corporation (‘Celgene’, United States).

BMS acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Celgene.

The concentration is accomplished by way of purchase of shares.

2.

| — | BMS is a global pharmaceutical company headquartered in the United States. BMS is engaged in the development and commercialisation of innovative medicines in four main therapeutic areas: oncology, autoimmune diseases, cardiovascular diseases, and fibrotic diseases; |
| --- | --- |

—

BMS is a global pharmaceutical company headquartered in the United States. BMS is engaged in the development and commercialisation of innovative medicines in four main therapeutic areas: oncology, autoimmune diseases, cardiovascular diseases, and fibrotic diseases;

| — | Celgene is a global pharmaceutical company headquartered in the United States. Celgene is engaged primarily in the development and commercialisation of innovative therapies in oncology and autoimmune diseases. |
| --- | --- |

—

Celgene is a global pharmaceutical company headquartered in the United States. Celgene is engaged primarily in the development and commercialisation of innovative therapies in oncology and autoimmune diseases.

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.9294 — BMS/Celgene

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

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

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

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

1

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