# Official Journal C 233/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 233 |
| | |
| English edition | Information and Notices | Volume 6019 July 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 233

English edition

Information and Notices

Volume 6019 July 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 233/01 | Non-opposition to a notified concentration (Case M.8495 — Cummins/Eaton Corporation/Eaton JV business) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 233/01

Non-opposition to a notified concentration (Case M.8495 — Cummins/Eaton Corporation/Eaton JV business) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 233/02 | Euro exchange rates | 2 |
| | Administrative Commission for the Coordination of Social Security Systems |
| 2017/C 233/03 | Decision No E5 of 16 March 2017 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 (
  2
  ) | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 233/02

Euro exchange rates

2

Administrative Commission for the Coordination of Social Security Systems

2017/C 233/03

Decision No E5 of 16 March 2017 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 (
  2
  )

2

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 233/04 | Prior notification of a concentration (Case M.8551 — Advent International/Faerch Plast Group) — Candidate case for simplified procedure (
  1
  ) | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 233/04

Prior notification of a concentration (Case M.8551 — Advent International/Faerch Plast Group) — Candidate case for simplified procedure (
  1
  )

1

6

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |
| | (2)   Text of relevance to the EEA and to the EC/Switzerland Agreement. |

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(1)   Text with EEA relevance.

1

(2)   Text of relevance to the EEA and to the EC/Switzerland Agreement.

2

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.7.2017 | EN | Official Journal of the European Union | C 233/1 |
| --- | --- | --- | --- |

19.7.2017

EN

Official Journal of the European Union

C 233/1

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Non-opposition to a notified concentration

(Case M.8495 — Cummins/Eaton Corporation/Eaton JV business)

(Text with EEA relevance)

(2017/C 233/01)

On 4 July 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8495. 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 32017M8495. 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

| 19.7.2017 | EN | Official Journal of the European Union | C 233/2 |
| --- | --- | --- | --- |

19.7.2017

EN

Official Journal of the European Union

C 233/2

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Euro exchange rates (1)

18 July 2017

(2017/C 233/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1555 |
| JPY | Japanese yen | 129,46 |
| DKK | Danish krone | 7,4371 |
| GBP | Pound sterling | 0,88780 |
| SEK | Swedish krona | 9,5658 |
| CHF | Swiss franc | 1,1025 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,3065 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,080 |
| HUF | Hungarian forint | 306,20 |
| PLN | Polish zloty | 4,2029 |
| RON | Romanian leu | 4,5600 |
| TRY | Turkish lira | 4,0750 |
| AUD | Australian dollar | 1,4565 |
| CAD | Canadian dollar | 1,4548 |
| HKD | Hong Kong dollar | 9,0176 |
| NZD | New Zealand dollar | 1,5713 |
| SGD | Singapore dollar | 1,5793 |
| KRW | South Korean won | 1 298,89 |
| ZAR | South African rand | 14,9464 |
| CNY | Chinese yuan renminbi | 7,8001 |
| HRK | Croatian kuna | 7,4138 |
| IDR | Indonesian rupiah | 15 368,15 |
| MYR | Malaysian ringgit | 4,9513 |
| PHP | Philippine peso | 58,597 |
| RUB | Russian rouble | 68,1676 |
| THB | Thai baht | 38,831 |
| BRL | Brazilian real | 3,6623 |
| MXN | Mexican peso | 20,2288 |
| INR | Indian rupee | 74,3370 |

Currency

Exchange rate

USD

US dollar

1,1555

JPY

Japanese yen

129,46

DKK

Danish krone

7,4371

GBP

Pound sterling

0,88780

SEK

Swedish krona

9,5658

CHF

Swiss franc

1,1025

ISK

Iceland króna

NOK

Norwegian krone

9,3065

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,080

HUF

Hungarian forint

306,20

PLN

Polish zloty

4,2029

RON

Romanian leu

4,5600

TRY

Turkish lira

4,0750

AUD

Australian dollar

1,4565

CAD

Canadian dollar

1,4548

HKD

Hong Kong dollar

9,0176

NZD

New Zealand dollar

1,5713

SGD

Singapore dollar

1,5793

KRW

South Korean won

1 298,89

ZAR

South African rand

14,9464

CNY

Chinese yuan renminbi

7,8001

HRK

Croatian kuna

7,4138

IDR

Indonesian rupiah

15 368,15

MYR

Malaysian ringgit

4,9513

PHP

Philippine peso

58,597

RUB

Russian rouble

68,1676

THB

Thai baht

38,831

BRL

Brazilian real

3,6623

MXN

Mexican peso

20,2288

INR

Indian rupee

74,3370

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

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Administrative Commission for the Coordination of Social Security Systems

| 19.7.2017 | EN | Official Journal of the European Union | C 233/3 |
| --- | --- | --- | --- |

19.7.2017

EN

Official Journal of the European Union

C 233/3

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DECISION No E5

of 16 March 2017

concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009

(Text of relevance to the EEA and to the EC/Switzerland Agreement)

(2017/C 233/03)

THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,

Having regard to Article 72 (a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),

Having regard to Article 72 (d) of Regulation (EC) No 883/2004 on the coordination of social security systems, under which the Administrative Commission shall encourage as far as possible the use of new technologies,

Having regard to Article 4 of the Regulation (EC) No 987/2009, under which the ‘The transmission of data between the institutions or the liaison bodies shall be carried out by electronic means ...’ and ‘The Administrative Commission shall lay down the structure, content, format and detailed arrangements for exchange of documents and structured electronic documents’,

Having regard to Article 95 of Regulation (EC) No 987/2009, concerning the transitional period, stating that ‘Each Member State may benefit from a transitional period for exchanging data by electronic means ...’ and that ‘These transitional periods shall not exceed 24 months from the date of entry into force of the implementing Regulation.’,

Whereas:

| (1) | Article 95 of the Regulation (EC) No 987/2009 empowers the Administrative Commission to lay down the practical arrangements for any necessary transitional periods, with a view to ensuring the necessary data exchange for the application of the basic Regulation and the implementing Regulation. |
| --- | --- |

(1)

Article 95 of the Regulation (EC) No 987/2009 empowers the Administrative Commission to lay down the practical arrangements for any necessary transitional periods, with a view to ensuring the necessary data exchange for the application of the basic Regulation and the implementing Regulation.

| (2) | It is necessary to clarify the basic principles to be applied by institutions during the transitional period. |
| --- | --- |

(2)

It is necessary to clarify the basic principles to be applied by institutions during the transitional period.

| (3) | After the date of entry into force of the new Regulations a significant number of claims were in progress where entitlement arose under Regulation (EEC) No 1408/71 (3) and that in relation to these claims the exchange of information will generally be based on the procedures contained in Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 (4), including the use of E-forms. |
| --- | --- |

(3)

After the date of entry into force of the new Regulations a significant number of claims were in progress where entitlement arose under Regulation (EEC) No 1408/71 (3) and that in relation to these claims the exchange of information will generally be based on the procedures contained in Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 (4), including the use of E-forms.

| (4) | Article 94(1) of the Regulation (EC) No 987/2009 implies that a ‘double award’ is made in the circumstances of the previous recital, with the beneficiary receiving the higher award. |
| --- | --- |

(4)

Article 94(1) of the Regulation (EC) No 987/2009 implies that a ‘double award’ is made in the circumstances of the previous recital, with the beneficiary receiving the higher award.

| (5) | However, in practice, in the large majority of cases, if not all, an award based on the former Regulations will not be improved by the application of the new Regulations. It is considered accordingly that it is unrealistic to expect institutions in these circumstances to undertake duplicate procedures under Regulation (EEC) No 574/72 and Regulation (EC) No 987/2009. |
| --- | --- |

(5)

However, in practice, in the large majority of cases, if not all, an award based on the former Regulations will not be improved by the application of the new Regulations. It is considered accordingly that it is unrealistic to expect institutions in these circumstances to undertake duplicate procedures under Regulation (EEC) No 574/72 and Regulation (EC) No 987/2009.

| (6) | Paragraph 5 of Decision No H1 clarifies the status of certificates (E-forms) and the European Health Insurance Card (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009. |
| --- | --- |

(6)

Paragraph 5 of Decision No H1 clarifies the status of certificates (E-forms) and the European Health Insurance Card (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009.

| (7) | Within the transitional period Member States are free to decide when they are ready to join the Electronic Exchange of Social Security Information (EESSI) as a whole or by Business Use Cases (BUCs), while at the same time endeavouring to follow the planned implementation of EESSI within Member States and the sequence of BUCs to commence electronic exchange as recommended by the Administrative Commission.
  Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004, |
| --- | --- |

(7)

Within the transitional period Member States are free to decide when they are ready to join the Electronic Exchange of Social Security Information (EESSI) as a whole or by Business Use Cases (BUCs), while at the same time endeavouring to follow the planned implementation of EESSI within Member States and the sequence of BUCs to commence electronic exchange as recommended by the Administrative Commission.

Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

HAS DECIDED AS FOLLOWS:

| 1. | During the transitional period, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility. Above all, the need to guarantee a seamless transition for citizens exercising their rights under the new Regulations is paramount. |
| --- | --- |

1.

During the transitional period, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility. Above all, the need to guarantee a seamless transition for citizens exercising their rights under the new Regulations is paramount.

| 2. | As from the date of entry into force of Regulation (EC) No 883/2004 and the Regulation (EC) No 987/2009 paper versions of the Structured Electronic Documents (SEDs) will replace the E-forms based on Regulations (EEC) No 1408/71 and (EEC) No 574/72. |
| --- | --- |

2.

As from the date of entry into force of Regulation (EC) No 883/2004 and the Regulation (EC) No 987/2009 paper versions of the Structured Electronic Documents (SEDs) will replace the E-forms based on Regulations (EEC) No 1408/71 and (EEC) No 574/72.

| 3. | Notwithstanding paragraph 2, Member States that have national electronic applications which produce E-forms or that have electronic exchanges in place (for example the Build projects), which cannot reasonably be changed in this time-frame, may continue to use them during the transitional period, as long as the rights of citizens under the new Regulations are fully guaranteed. |
| --- | --- |

3.

Notwithstanding paragraph 2, Member States that have national electronic applications which produce E-forms or that have electronic exchanges in place (for example the Build projects), which cannot reasonably be changed in this time-frame, may continue to use them during the transitional period, as long as the rights of citizens under the new Regulations are fully guaranteed.

| 4. | In all cases, during the transitional period, an institution shall accept relevant information on any document issued by another institution, even if it is based on an outdated format, content or structure. In case of doubts concerning the rights of the citizen concerned, the institution shall contact the issuing institution in the spirit of good cooperation. |
| --- | --- |

4.

In all cases, during the transitional period, an institution shall accept relevant information on any document issued by another institution, even if it is based on an outdated format, content or structure. In case of doubts concerning the rights of the citizen concerned, the institution shall contact the issuing institution in the spirit of good cooperation.

| 5. | As stated under paragraph 5 of Decision No H1, E-forms, documents and European Health Insurance Cards (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 shall continue to be valid and be taken into account by the authorities of other Member States even after that date, until their own date of validity has expired or until they are withdrawn or replaced by the documents issued or communicated under Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009. |
| --- | --- |

5.

As stated under paragraph 5 of Decision No H1, E-forms, documents and European Health Insurance Cards (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 shall continue to be valid and be taken into account by the authorities of other Member States even after that date, until their own date of validity has expired or until they are withdrawn or replaced by the documents issued or communicated under Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009.

| 6. | Each Member State may follow a flexible phased approach in implementing the Electronic Exchange of Social Security Information (EESSI), as it becomes EESSI-enabled via its Access Point(s). |
| --- | --- |

6.

Each Member State may follow a flexible phased approach in implementing the Electronic Exchange of Social Security Information (EESSI), as it becomes EESSI-enabled via its Access Point(s).

| 7. | A collaborative agreement within the Administrative Commission will define the planned sequence of BUCs in EESSI for Member States to follow, without prejudice to paragraph 6. This sequence will be based on a gradual build-up of BUCs and will include bundling of BUCs where this is appropriate. |
| --- | --- |

7.

A collaborative agreement within the Administrative Commission will define the planned sequence of BUCs in EESSI for Member States to follow, without prejudice to paragraph 6. This sequence will be based on a gradual build-up of BUCs and will include bundling of BUCs where this is appropriate.

| 8. | For each BUC where electronic exchanges have commenced, each Member State shall endeavour to join as soon as possible once their technical integration allows this. |
| --- | --- |

8.

For each BUC where electronic exchanges have commenced, each Member State shall endeavour to join as soon as possible once their technical integration allows this.

| 9. | Member States will manage both paper and electronic exchanges across the same BUC until all Member States are EESSI enabled for that particular BUC. |
| --- | --- |

9.

Member States will manage both paper and electronic exchanges across the same BUC until all Member States are EESSI enabled for that particular BUC.

| 10. | Being ‘EESSI-enabled’ for a particular BUC means that the Member State concerned can both send and receive all messages in that BUC to and from other Member States. |
| --- | --- |

10.

Being ‘EESSI-enabled’ for a particular BUC means that the Member State concerned can both send and receive all messages in that BUC to and from other Member States.

| 11. | The information on which BUC in which Member State is EESSI-enabled shall be contained in a list accessible to national institutions and also reflected in the EESSI Institution Repository. Member States shall inform the Administrative Commission in writing within a reasonable time before becoming EESSI enabled for a specific BUC. |
| --- | --- |

11.

The information on which BUC in which Member State is EESSI-enabled shall be contained in a list accessible to national institutions and also reflected in the EESSI Institution Repository. Member States shall inform the Administrative Commission in writing within a reasonable time before becoming EESSI enabled for a specific BUC.

| 12. | During the transitional period the exchange of information between two Member States for a BUC shall be either under EESSI or outside EESSI for all exchanges covered by that BUC, without prejudice to any bilateral arrangements that may, for instance, concern joint testing or training or analogous reasons; and shall be carried out only under EESSI from the moment they both declared being EESSI enabled for that BUC. |
| --- | --- |

12.

During the transitional period the exchange of information between two Member States for a BUC shall be either under EESSI or outside EESSI for all exchanges covered by that BUC, without prejudice to any bilateral arrangements that may, for instance, concern joint testing or training or analogous reasons; and shall be carried out only under EESSI from the moment they both declared being EESSI enabled for that BUC.

| 13. | In case of a multilateral BUC, meaning a BUC where more than two Member States participate in the exchange, the exchanges under EESSI shall only start once it is established that only Member States which declared to be EESSI-enabled for that particular BUC are participating in that exchange. The principles outlined under paragraph 12 also apply in cases where more than two Member States participate in a BUC. |
| --- | --- |

13.

In case of a multilateral BUC, meaning a BUC where more than two Member States participate in the exchange, the exchanges under EESSI shall only start once it is established that only Member States which declared to be EESSI-enabled for that particular BUC are participating in that exchange. The principles outlined under paragraph 12 also apply in cases where more than two Member States participate in a BUC.

| 14. | This decision shall be published in the Official Journal of the European Union. It shall apply from the twentieth day following that of its publication. |
| --- | --- |

14.

This decision shall be published in the Official Journal of the European Union. It shall apply from the twentieth day following that of its publication.

| 15. | This Decision replaces Decision No E1 of 12 June 2009. |
| --- | --- |

15.

This Decision replaces Decision No E1 of 12 June 2009.

The Chair of the Administrative Commission

Malcolm SCICLUNA

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(1)  OJ L 166, 30.4.2004, p. 1.

1

(2)  OJ L 284, 30.10.2009, p. 1.

2

(3)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ L 149, 5.7.1971, p. 2).

3

(4)  Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ L 74, 27.3.1972, p. 1).

4

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 19.7.2017 | EN | Official Journal of the European Union | C 233/6 |
| --- | --- | --- | --- |

19.7.2017

EN

Official Journal of the European Union

C 233/6

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Prior notification of a concentration

(Case M.8551 — Advent International/Faerch Plast Group)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 233/04)

| 1. | On 10 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Advent International (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Færch Plast Group A/S (Denmark) by way of purchase of shares. |
| --- | --- |

1.

On 10 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Advent International (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Færch Plast Group A/S (Denmark) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for undertaking Advent International: private equity investment,
  —   for undertaking Færch Plast Group A/S: manufacturing of plastic trays for food packaging. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for undertaking Advent International: private equity investment,

—   for undertaking Færch Plast Group A/S: manufacturing of plastic trays for food packaging.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8551 — Advent International/Faerch Plast Group, 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.8551 — Advent International/Faerch Plast Group, 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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