# Official Journal C 8/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 8 |
| | |
| English edition | Information and Notices | Volume 6411 January 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 8

English edition

Information and Notices

Volume 6411 January 2021

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| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 8/01 | Commission Notice on the application of Sections 2.3 and 3.3 of Annex IX to Regulation (EU) 2017/745 and Regulation (EU) 2017/746 with regard to notified bodies’ audits performed in the context of quality management system assessment (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 8/01

Commission Notice on the application of Sections 2.3 and 3.3 of Annex IX to Regulation (EU) 2017/745 and Regulation (EU) 2017/746 with regard to notified bodies’ audits performed in the context of quality management system assessment (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 8/02 | Euro exchange rates — 8 January 2021 | 4 |
| | NOTICES FROM MEMBER STATES |
| 2021/C 8/03 | Communication from the Government of the Republic of Poland 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 – Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas | 5 |
| 2021/C 8/04 | Communication from the Government of the Republic of Poland 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 – Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas | 9 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 8/02

Euro exchange rates — 8 January 2021

4

NOTICES FROM MEMBER STATES

2021/C 8/03

Communication from the Government of the Republic of Poland 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 – Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas

5

2021/C 8/04

Communication from the Government of the Republic of Poland 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 – Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas

9

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2021/C 8/05 | Prior notification of a concentration (Case M.9945 — Siemens Healthineers AG/Varian Medical Systems) (
  1
  ) | 14 |
| 2021/C 8/06 | Prior notification of a concentration (Case M.9857 — Volvo/Daimler/JV) (
  1
  ) | 16 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2021/C 8/05

Prior notification of a concentration (Case M.9945 — Siemens Healthineers AG/Varian Medical Systems) (
  1
  )

1

14

2021/C 8/06

Prior notification of a concentration (Case M.9857 — Volvo/Daimler/JV) (
  1
  )

1

16

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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

| 11.1.2021 | EN | Official Journal of the European Union | C 8/1 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 8/1

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Commission Notice on the application of Sections 2.3 and 3.3 of Annex IX to Regulation (EU) 2017/745 and Regulation (EU) 2017/746 with regard to notified bodies’ audits performed in the context of quality management system assessment

(Text with EEA relevance)

(2021/C 8/01)

1.   Legal requirements

Regulation (EU) 2017/745 (1) (‘the medical devices Regulation’) and Regulation (EU) 2017/746 (2) (‘the in vitro diagnostic medical devices Regulation’), hereafter in this notice referred to as ‘the medical devices Regulations’, lay down, in their respective Chapter I of Annex IX, sections 2.3 and 3.3, requirements related to a quality management system to be undertaken by manufacturers prior to placing on the market or putting into service a device, according to the provisions established by Article 52 of the medical devices Regulation and Article 48 of the in vitro diagnostic medical devices Regulation.

These requirements are subject to the conformity assessment to be carried out by third-party bodies designated under the medical devices Regulations (‘notified bodies’). The conformity assessment procedure includes specific provisions concerning audits and surveillance assessments too. In particular, the assessment procedure of the manufacturer’s quality management system performed by the notified body shall include an audit on the manufacturer’s premises and, if appropriate, on the premises of the manufacturer’s suppliers and/or subcontractors to verify the manufacturing and other relevant processes. Similarly, the surveillance assessment performed by the notified body, at least once every 12 months, shall include audits on the premises of the manufacturer and, if appropriate, of the manufacturer’s suppliers and/or subcontractors.

Under Article 44(2) of the medical devices Regulation and Article 40(2) of the in vitro diagnostic medical devices Regulation, the national authorities responsible for notified bodies shall monitor the notified bodies established on their territory and their subsidiaries and subcontractors, to ensure on-going compliance with the requirements and the fulfilment of obligations set out in the medical devices Regulations. According to Article 46(4) of the medical devices Regulation and Article 42(4) of the in vitro diagnostic medical devices Regulation, where an authority responsible for notified bodies has ascertained that a notified body is failing to fulfil its obligations, the authority shall suspend, restrict, or fully or partially withdraw the designation, depending on the seriousness of the failure to fulfil those obligations.

According to Article 113 of the medical devices Regulation and Article 106 of the in vitro diagnostic medical devices Regulation, Member States shall lay down the rules on penalties applicable for infringement of the provisions of these Regulations and shall take all measures necessary to ensure that they are implemented. The penalties determined must be effective, proportionate and dissuasive.

2.   The exceptional circumstances in the context of the COVID-19 pandemic

Member States, as well as notified bodies and other stakeholders, have informed the Commission that travel and quarantine restrictions imposed in response to the COVID-19 pandemic, both in Member States and non-EU countries, have significantly affected notified bodies’ ability to conduct on-site audits on the premises of manufacturers and their supplies and/or subcontractors.

In addition, the current epidemiological indicators for COVID-19 in the EU and around the world, and the short-term forecast, make the situation more serious and increase the need to possibly take temporary extraordinary measures in specific cases when the inability of notified bodies to conduct on-site audits could raise the risk of shortages of vital devices.

Calls for the possibility to take temporary extraordinary measures, including remote audits, related to notified body on-site audits under the medical devices Regulations have been made by industry as well as notified bodies.

The potential risks related to inability for notified bodies to carry out conformity assessment activities in the context of COVID-19 circumstances and consequent travel restrictions had been discussed by the Medical Devices Coordination Group (MDCG) in their meetings in October and December 2020. As result, the potential need, in exceptional circumstances, to take temporary extraordinary measures, including remote audits, was recognised by the MDCG and supported by the vast majority of the Member States.

3.   Considerations by the Commission

The Commission would like to hereby comment on the situation.

First of all, the Commission recalls the obligation of Member States authorities to monitor notified bodies established on their territory, to ensure compliance with the requirements for audits set out in Chapter I of Annex IX, sections 2.3 and 3.3, under due consideration of the principle of proportionality.

Secondly, as regards the imposition of penalties in accordance with Articles 113 and 106 respectively of the medical devices Regulations, the Commission recalls the requirement to apply any national provisions on penalties for breaches of the requirements laid down in these Regulations, also considering the principle of proportionality.

In that context, and in order to apply the general principles of Union law effectively, the following cumulative set of circumstances should be considered:

| 1. | the exceptional and unforeseen circumstances caused by the COVID-19 crisis; |
| --- | --- |

1.

the exceptional and unforeseen circumstances caused by the COVID-19 crisis;

| 2. | the need to ensure continuous availability of safe and performant medical devices and in vitro diagnostic medical devices, and to help prevent the risk of shortages of such devices within the EU in the interest of public health, especially when devices are clinically necessary during the period of COVID-19 restrictions; |
| --- | --- |

2.

the need to ensure continuous availability of safe and performant medical devices and in vitro diagnostic medical devices, and to help prevent the risk of shortages of such devices within the EU in the interest of public health, especially when devices are clinically necessary during the period of COVID-19 restrictions;

| 3. | compliance with the requirement for on-site audits in the medical devices Regulations generally serves to verify conformity with regard to manufacturing and other relevant on-site processes. Although, at this time, it has not been possible to fully quantify the impact of the need referred to in point 2 above, information at the disposal of the Commission on notified bodies’ use of extraordinary measures, including remote audits, related to assessments performed under the medical devices Directives (3) appears to demonstrate an adequate level of safety and not to compromise the overall reliability of such assessments. This is provided that these measures are taken only following an objective case-by-case analysis of each individual situation in light of the relevant circumstances, including travel restrictions and national orders, to identify if there are concrete obstacles, which would prevent the taking place of a safe on-site audit and where the inability to carry out such an on-site audit could prevent granting access or ensuring continued supply of devices to the market. |
| --- | --- |

3.

compliance with the requirement for on-site audits in the medical devices Regulations generally serves to verify conformity with regard to manufacturing and other relevant on-site processes. Although, at this time, it has not been possible to fully quantify the impact of the need referred to in point 2 above, information at the disposal of the Commission on notified bodies’ use of extraordinary measures, including remote audits, related to assessments performed under the medical devices Directives (3) appears to demonstrate an adequate level of safety and not to compromise the overall reliability of such assessments. This is provided that these measures are taken only following an objective case-by-case analysis of each individual situation in light of the relevant circumstances, including travel restrictions and national orders, to identify if there are concrete obstacles, which would prevent the taking place of a safe on-site audit and where the inability to carry out such an on-site audit could prevent granting access or ensuring continued supply of devices to the market.

However, the failure of notified bodies to carry out on-site audits should:

| — | be limited in duration, namely any notified body’s decision on certification is limited to the time strictly necessary to allow for a proper on-site audit to take place as soon as possible; |
| --- | --- |

—

be limited in duration, namely any notified body’s decision on certification is limited to the time strictly necessary to allow for a proper on-site audit to take place as soon as possible;

| — | be identified and justified on a case-by-case basis, and the individual circumstances should be documented and duly substantiated by the notified body; and |
| --- | --- |

—

be identified and justified on a case-by-case basis, and the individual circumstances should be documented and duly substantiated by the notified body; and

| — | not go beyond what is required to ensure continuous availability of safe and performant devices, when concrete obstacles to complete conformity assessments on-site have been created by COVID-19 circumstances. |
| --- | --- |

—

not go beyond what is required to ensure continuous availability of safe and performant devices, when concrete obstacles to complete conformity assessments on-site have been created by COVID-19 circumstances.

In addition, authorities responsible for notified bodies should ensure that notified bodies, when carrying out their audits and assessments, always act responsibly and apply a risk-based approach. This approach requires authorities to confirm notified bodies always perform a careful review of the manufacturer’s technical documentation relating to the status and operations concerning the audits and devices in question. The activities conducted at the site to be audited, the manufacturer’s quality management system and, where applicable, the level of compliance from previous audits should be taken into due account by the notified bodies. Following this review, a risk analysis should be conducted by the notified bodies, and the results documented and duly substantiated. No decision that could jeopardize the technical or clinical validity of a specific activity or the safety and performance of devices should be taken.

The above-mentioned temporary extraordinary measures taken in response to the exceptional circumstances of the COVID-19 should only be used during a limited period of time until on-site audits are again possible.

The Commission will closely and regularly monitor the situation related to the implementation of the medical devices Regulations, including in particular the provisions on conformity assessment. This will require close cooperation with the authorities responsible for notified bodies as well as the national competent authorities of the Member States. In particular, given the difficulties to fully quantify the extent of the problem in advance, namely the need to recourse to extraordinary temporary measures in order to ensure continuous availability of devices and prevent the potential risk of shortages, it is vital to carefully follow how these measures are applied in practice.

Therefore, the Commission invites all Member States to systematically notify the use of temporary extraordinary measures and submit information about:

| 1. | measures taken by individual notified bodies (including identification of the notified body and affected types of devices and manufacturers) to perform conformity assessment not in compliance with the on-site requirements for audits, also in case of surveillance assessment, including information to justify the use of such measures; and |
| --- | --- |

1.

measures taken by individual notified bodies (including identification of the notified body and affected types of devices and manufacturers) to perform conformity assessment not in compliance with the on-site requirements for audits, also in case of surveillance assessment, including information to justify the use of such measures; and

| 2. | the period of time for which certificates issued by notified bodies following the abovementioned will be affected by non-compliant procedures concerning audits not performed on-site. |
| --- | --- |

2.

the period of time for which certificates issued by notified bodies following the abovementioned will be affected by non-compliant procedures concerning audits not performed on-site.

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(1)  Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).

(2)  Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

(3)  In April this year, the MDCG endorsed guidance on temporary extraordinary measures related to notified body audits (MDCG 2020-4) under Directive 90/385/EEC, Directive 93/42/EEC and Directive 98/79/EC.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.1.2021 | EN | Official Journal of the European Union | C 8/4 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 8/4

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Euro exchange rates (1)

8 January 2021

(2021/C 8/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2250 |
| JPY | Japanese yen | 127,26 |
| DKK | Danish krone | 7,4369 |
| GBP | Pound sterling | 0,90128 |
| SEK | Swedish krona | 10,0510 |
| CHF | Swiss franc | 1,0827 |
| ISK | Iceland króna | 155,50 |
| NOK | Norwegian krone | 10,2863 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,163 |
| HUF | Hungarian forint | 359,62 |
| PLN | Polish zloty | 4,5113 |
| RON | Romanian leu | 4,8708 |
| TRY | Turkish lira | 9,0146 |
| AUD | Australian dollar | 1,5758 |
| CAD | Canadian dollar | 1,5543 |
| HKD | Hong Kong dollar | 9,4982 |
| NZD | New Zealand dollar | 1,6883 |
| SGD | Singapore dollar | 1,6228 |
| KRW | South Korean won | 1 337,90 |
| ZAR | South African rand | 18,7212 |
| CNY | Chinese yuan renminbi | 7,9184 |
| HRK | Croatian kuna | 7,5690 |
| IDR | Indonesian rupiah | 17 247,33 |
| MYR | Malaysian ringgit | 4,9359 |
| PHP | Philippine peso | 58,947 |
| RUB | Russian rouble | 90,8000 |
| THB | Thai baht | 36,848 |
| BRL | Brazilian real | 6,5748 |
| MXN | Mexican peso | 24,4718 |
| INR | Indian rupee | 89,7975 |

Currency

Exchange rate

USD

US dollar

1,2250

JPY

Japanese yen

127,26

DKK

Danish krone

7,4369

GBP

Pound sterling

0,90128

SEK

Swedish krona

10,0510

CHF

Swiss franc

1,0827

ISK

Iceland króna

155,50

NOK

Norwegian krone

10,2863

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,163

HUF

Hungarian forint

359,62

PLN

Polish zloty

4,5113

RON

Romanian leu

4,8708

TRY

Turkish lira

9,0146

AUD

Australian dollar

1,5758

CAD

Canadian dollar

1,5543

HKD

Hong Kong dollar

9,4982

NZD

New Zealand dollar

1,6883

SGD

Singapore dollar

1,6228

KRW

South Korean won

1 337,90

ZAR

South African rand

18,7212

CNY

Chinese yuan renminbi

7,9184

HRK

Croatian kuna

7,5690

IDR

Indonesian rupiah

17 247,33

MYR

Malaysian ringgit

4,9359

PHP

Philippine peso

58,947

RUB

Russian rouble

90,8000

THB

Thai baht

36,848

BRL

Brazilian real

6,5748

MXN

Mexican peso

24,4718

INR

Indian rupee

89,7975

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

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NOTICES FROM MEMBER STATES

| 11.1.2021 | EN | Official Journal of the European Union | C 8/5 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 8/5

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Communication from the Government of the Republic of Poland 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

(2021/C 8/03)

Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas

SECTION I: LEGAL BASIS

| 1. | Article 49ec(2) of the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2020, item 1064, as amended) |
| --- | --- |

1.

| 2. | Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons OJ L 164, 30.6.1994, p. 3; Special edition in Polish: Chapter 6, Volume 2, p. 262) |
| --- | --- |

2.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland

Tel. +48 223692449; Fax. +48 223692460

Website: www.gov.pl/web/srodowisko

SECTION III: SUBJECT OF THE PROCEDURE

1.   Information on the submission of concession applications

A concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Chełmno’ area has been submitted to the concession authority.

2.   Type of activities for which the concession is to be granted

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Chełmno’ area, part of concession blocks Nos 129 and 149.

3.   Area within which the activities are to be conducted

The boundaries of the area are defined by lines joining points with the following coordinates in the PL-1992 coordinate system:

| No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 615 522,00 | 457 159,00 |
| 2 | 610 550,09 | 464 193,88 |
| 3 | 587 677,51 | 449 006,78 |
| 4 | 593 202,09 | 441 301,47 |
| 5 | 599 549,00 | 445 791,00 |

No

X [PL-1992]

Y [PL-1992]

1

615 522,00

457 159,00

2

610 550,09

464 193,88

3

587 677,51

449 006,78

4

593 202,09

441 301,47

5

599 549,00

445 791,00

The surface area of the vertical projection of the area is 248,22 km2.

Administrative location:

Kujawsko-pomorskie Province,

Bydgoszcz District: the rural municipalities of Dobrcz, Dąbrowa Chełmińska and Osielsko;

the town with district status: Bydgoszcz;

Chełmno District: the urban municipality of Chełmno; the rural municipalities of: Chełmno, Unisław and Kijewo Królewskie;

Świecie District: the rural municipality of Pruszcz; the urban-rural municipality of Świecie.

4.   Deadline for the submission of concession applications by other entities interested in the activity for which the concession is to be granted, not less than 90 days from the date of publication of the notice in the Official Journal of the European Union

Concession applications must be submitted to the Ministry of the Environment no later than 12:00 noon (CET/CEST) on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

5.   Assessment criteria for concession applications and specification of their weighting, set with due regard to Article 49k(1), (1a) and (3) of the Geological and Mining Law Act

Applications received will be assessed on the basis of the following criteria:

| 30% | —scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- |
| 20% | —scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20% | —financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20% | —the proposed technology for conducting geological works, including geological operations, or mining operations; |
| 5% | —technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2% for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies active in research into the geology of Poland and analytical tools, technologies and methods for prospecting hydrocarbon deposits that take account of the specificity of Polish geological conditions and that may be applied in those conditions, included in the list of scientific bodies referred to in Article 49k(1) of the Geological and Mining Law Act); |
| 5% | —experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30%

—scope and schedule of the geological works, including geological operations, or mining operations proposed;

20%

—scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20%

—financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

20%

—the proposed technology for conducting geological works, including geological operations, or mining operations;

5%

—technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2% for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies active in research into the geology of Poland and analytical tools, technologies and methods for prospecting hydrocarbon deposits that take account of the specificity of Polish geological conditions and that may be applied in those conditions, included in the list of scientific bodies referred to in Article 49k(1) of the Geological and Mining Law Act);

5%

—experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection.

If, following the evaluation of applications on the basis of the criteria specified above, two or more bids obtain the same score, the amount of the fee for the establishment of mining usufruct rights due during the prospection and exploration phase will be used as an additional criterion allowing a final choice to be made between the bids concerned.

SECTION IV: ADDITIONAL INFORMATION

IV.1)   Applications should be sent to the following address

| Ministerstwo Środowiska [Ministry of the Environment] |
| --- |
| Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department] |
| ul. Wawelska 52/54 |
| 00-922 Warszawa/Warsaw |
| POLSKA/POLAND |

Ministerstwo Środowiska [Ministry of the Environment]

Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

IV.2)   Information may be obtained from

| — | the website of the Ministry of the Environment: https://www.gov.pl/web/srodowisko |
| --- | --- |

—

the website of the Ministry of the Environment: https://www.gov.pl/web/srodowisko

| — | Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]





  Ministerstwo Środowiska [Ministry of the Environment] |
| --- | --- |
| ul. Wawelska 52/54 |
| 00-922 Warszawa/Warsaw |
| POLSKA/POLAND |
| Tel. +48 225792449, Fax +48 225792460 |
| Email: sekretariat.dgk@srodowisko.gov.pl |

—

Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]

Ministerstwo Środowiska [Ministry of the Environment]

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 225792449, Fax +48 225792460

Email: sekretariat.dgk@srodowisko.gov.pl

IV.3)   Qualification decision

Concession applications may be submitted by entities in respect of which a decision has been issued confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act.

IV.4)   Minimum fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Chełmno’ area during the five-year base period of the prospection and exploration phase is PLN 56 879,61 (fifty-six thousand, eight hundred and seventy-nine zlotys, sixty-one grosz) per annum. The annual fee for establishing mining usufruct rights for the purpose of the prospection and exploration of minerals is indexed to average annual consumer price indices set cumulatively for the period from the conclusion of the agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette).

IV.5)   Granting of the concessions and establishment of mining usufruct

The concession authority, having obtained the opinions or agreements required under the Geological and Mining Law Act, will grant concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons:

| 1) | to the entity whose concession application has been awarded the highest score, or |
| --- | --- |

1)

to the entity whose concession application has been awarded the highest score, or

| 2) | where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority and, at the same time, will not grant concessions to other entities (Article 49ee(1) of the Geological and Mining Law Act). |
| --- | --- |

2)

where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority and, at the same time, will not grant concessions to other entities (Article 49ee(1) of the Geological and Mining Law Act).

The concession authority will conclude a mining usufruct contract with the entity whose concession application has been awarded the highest score and, where a concession application submitted jointly by several entities is awarded the highest score, with all entities which submitted the joint application (Article 49ee(2) of the Geological and Mining Law Act). In order to be able to carry out activities involving the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons in Poland, an operator must hold both mining usufruct rights and a concession.

IV.6)   Requirements to be met by concession applications and documents required from applicants

Article 49eb of the Geological and Mining Law Act specifies the component parts of the concession application.

The geological age of the formations where geological works will be carried out (geological purpose) should be indicated as the purpose of the works, including geological operations.

IV.7)   Minimum deposit exploration category

Category C is the minimum exploration category for oil and natural gas deposits in the ‘Chełmno’ area.

On behalf of the Minister

Piotr DZIADZIO

Deputy State Secretary

Ministry of Climate and the Environment

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| 11.1.2021 | EN | Official Journal of the European Union | C 8/9 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 8/9

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Communication from the Government of the Republic of Poland 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

(2021/C 8/04)

Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas

SECTION I: LEGAL BASIS

| 1. | Article 49ec(2) of the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2020, item 1064, as amended) |
| --- | --- |

1.

| 2. | Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3; Special edition in Polish: Chapter 6, Volume 2, p. 262) |
| --- | --- |

2.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of Climate and the Environment

Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland

Tel. +48 223692449; Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

1.   Information on the submission of concession applications

A concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Krotoszyn’ area has been submitted to the concession authority.

2.   Type of activities for which the concession is to be granted

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Krotoszyn’ area, parts of concession blocks Nos 247, 248, 266, 267, 268, 287 and 288.

3.   Area within which the activities are to be conducted

The boundaries of the area are defined by lines joining points with the following coordinates in the PL-1992 coordinate system:

| No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 444 004,578 | 401 116,324 |
| 2 | 411 291,145 | 398 837,125 |
| 3 | 411 139,284 | 401 611,052 |
| 4 | 410 688,71 | 401 046,02 |
| 5 | 408 417,99 | 400 777,71 |
| 6 | 407 493,28 | 399 102,34 |
| 7 | 406 136,02 | 398 998,28 |
| 8 | 405 095,26 | 398 514,88 |
| 9 | 403 182,93 | 398 360,99 |
| 10 | 402 987,27 | 398 877,87 |
| 11 | 403 063,88 | 399 689,49 |
| 12 | 403 887,83 | 400 207,14 |
| 13 | 403 903,64 | 400 978,83 |
| 14 | 405 490,81 | 401 973,65 |
| 15 | 405 326,4 | 402 491,01 |
| 16 | 405 453,3 | 403 939,31 |
| 17 | 405 681,16 | 404 965,3 |
| 18 | 406 169,16 | 405 302,1 |
| 19 | 406 910,68 | 405 296,64 |
| 20 | 407 654,72 | 405 156,34 |
| 21 | 408 516,53 | 405 326,56 |
| 22 | 409 729,6 | 403 249,64 |
| 23 | 410 207,27 | 404 125,44 |
| 24 | 411 004,69 | 404 069,584 |
| 25 | 409 718,811 | 427 557,726 |
| 26 | 397 782,764 | 427 154,711 |
| 27 | 398 568,726 | 397 598,478 |
| 28 | 399 504,466 | 395 681,721 |
| 29 | 412 893,414 | 369 569,158 |
| 30 | 418 229,25 | 361 319,922 |
| 31 | 424 148,691 | 361 484,13 |
| 32 | 423 703,023 | 378 762,173 |
| 33 | 425 468,067 | 378 804,559 |
| 34 | 433 562,421 | 390 123,344 |
| 35 | 443 977,152 | 391 724,778 |

No

X [PL-1992]

Y [PL-1992]

1

444 004,578

401 116,324

2

411 291,145

398 837,125

3

411 139,284

401 611,052

4

410 688,71

401 046,02

5

408 417,99

400 777,71

6

407 493,28

399 102,34

7

406 136,02

398 998,28

8

405 095,26

398 514,88

9

403 182,93

398 360,99

10

402 987,27

398 877,87

11

403 063,88

399 689,49

12

403 887,83

400 207,14

13

403 903,64

400 978,83

14

405 490,81

401 973,65

15

405 326,4

402 491,01

16

405 453,3

403 939,31

17

405 681,16

404 965,3

18

406 169,16

405 302,1

19

406 910,68

405 296,64

20

407 654,72

405 156,34

21

408 516,53

405 326,56

22

409 729,6

403 249,64

23

410 207,27

404 125,44

24

411 004,69

404 069,584

25

409 718,811

427 557,726

26

397 782,764

427 154,711

27

398 568,726

397 598,478

28

399 504,466

395 681,721

29

412 893,414

369 569,158

30

418 229,25

361 319,922

31

424 148,691

361 484,13

32

423 703,023

378 762,173

33

425 468,067

378 804,559

34

433 562,421

390 123,344

35

443 977,152

391 724,778

with the exception of areas Nos 1-2, bounded by lines joining the following coordinates in the PL-1992 coordinate system:

area No 1:

| No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 411 841,09 | 388 795,82 |
| 2 | 411 773,93 | 390 022,65 |
| 3 | 412 230,65 | 391 534,72 |
| 4 | 414 099,85 | 390 405,72 |
| 5 | 413 340,09 | 387 890,42 |

No

X [PL-1992]

Y [PL-1992]

1

411 841,09

388 795,82

2

411 773,93

390 022,65

3

412 230,65

391 534,72

4

414 099,85

390 405,72

5

413 340,09

387 890,42

area No 2:

| No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 407 503,919 | 396 126,391 |
| 2 | 406 323,61 | 396 842,96 |
| 3 | 406 377,47 | 397 692,844 |
| 4 | 406 530,928 | 398 166,745 |
| 5 | 407 222,003 | 398 323,128 |
| 6 | 407 522,91 | 398 320,743 |
| 7 | 407 941,487 | 398 119,549 |
| 8 | 408 648,481 | 397 294,059 |
| 9 | 408 195,386 | 396 729,596 |

No

X [PL-1992]

Y [PL-1992]

1

407 503,919

396 126,391

2

406 323,61

396 842,96

3

406 377,47

397 692,844

4

406 530,928

398 166,745

5

407 222,003

398 323,128

6

407 522,91

398 320,743

7

407 941,487

398 119,549

8

408 648,481

397 294,059

9

408 195,386

396 729,596

The surface area of the vertical projection of the area is 1 189,17338 km2.

Administrative location:

Wielkopolskie Province,

Rawicz District: the rural municipality of Pakosław; the urban-rural municipalities of Miejska Górka and Jutrosin;

Krotoszyn District: the rural municipality of Rozdrażew; the urban-rural municipalities of Kobylin, Zduny, Krotoszyn and Koźmin Wielkopolski; the urban municipality of Sulmierzyce;

Ostrów District: the rural municipalities of Sośnie, Przygodzice and Ostrów Wielkopolski; the urban-rural municipality of Odolanów;

Ostrzeszów District: the rural municipality of Kobyla Góra; the urban-rural municipalities of Mikstat and Ostrzeszów;

Pleszew District: the urban-rural municipality of Dobrzyca;

Dolnośląskie Province,

Milicz District: the rural municipalities of Cieszków and Krośnice; the urban-rural municipality of Milicz;

Oleśnica District: the urban-rural municipality of Twardogóra.

4.   Deadline for the submission of concession applications by other entities interested in the activity for which the concession is to be granted, not less than 90 days from the date of publication of the notice in the Official Journal of the European Union

Concession applications must be submitted to the Ministry of Climate and the Environment no later than 12.00 noon (CET/CEST) on the last day of the 90-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

5.   Assessment criteria for concession applications and specification of their weighting, set with due regard to Article 49k(1), (1a) and (3) of the Geological and Mining Law Act

Applications received will be assessed on the basis of the following criteria:

| 30 % | —scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- |
| 20 % | —scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20 % | —financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20 % | —the proposed technology for conducting geological works, including geological operations, or mining operations; |
| 5 % | —technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies active in research into the geology of Poland and analytical tools, technologies and methods for prospecting hydrocarbon deposits that take account of the specificity of Polish geological conditions and that may be applied in those conditions, included in the list of scientific bodies referred to in Article 49k(1) of the Geological and Mining Law Act); |
| 5 % | —experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30 %

—scope and schedule of the geological works, including geological operations, or mining operations proposed;

20 %

—scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %

—financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

20 %

—the proposed technology for conducting geological works, including geological operations, or mining operations;

5 %

—technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies active in research into the geology of Poland and analytical tools, technologies and methods for prospecting hydrocarbon deposits that take account of the specificity of Polish geological conditions and that may be applied in those conditions, included in the list of scientific bodies referred to in Article 49k(1) of the Geological and Mining Law Act);

5 %

—experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection.

If, following the evaluation of applications on the basis of the criteria specified above, two or more bids obtain the same score, the amount of the fee for the establishment of mining usufruct rights due during the prospection and exploration phase will be used as an additional criterion allowing a final choice to be made between the bids concerned.

SECTION IV: ADDITIONAL INFORMATION

IV.1)   Applications should be sent to the following address:

| Ministerstwo Klimatu i Środowiska [Ministry of Climate and the Environment] |
| --- |
| Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department] |
| ul. Wawelska 52/54 |
| 00-922 Warszawa/Warsaw |
| POLSKA/POLAND |

Ministerstwo Klimatu i Środowiska [Ministry of Climate and the Environment]

Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

IV.2)   Information may be obtained from:

| — | the website of the Ministry of Climate and the Environment:https://www.gov.pl/web/klimat |
| --- | --- |

—

the website of the Ministry of Climate and the Environment:https://www.gov.pl/web/klimat

| — | Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]





  Ministerstwo Klimatu i Środowiska [Ministry of Climate and the Environment] |
| --- | --- |
| ul. Wawelska 52/54 |
| 00-922 Warszawa/Warsaw |
| POLSKA/POLAND |
| Tel. +48 223692449, fax +48 223692460 |
| Email: DGK@klimat.gov.pl |

—

Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]

Ministerstwo Klimatu i Środowiska [Ministry of Climate and the Environment]

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449, fax +48 223692460

Email: DGK@klimat.gov.pl

IV.3)   Qualification decision:

Concession applications may be submitted by entities in respect of which a decision has been issued confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act.

IV.4)   Minimum fee for establishing mining usufruct rights:

The minimum amount of the fee for establishing mining usufruct rights for the ‘Krotoszyn’ area during the five-year base period of the prospection and exploration phase is PLN 272 499,08 (two hundred and seventy-two thousand, four hundred and ninety-nine zlotys, eight grosz) per annum. The annual fee for establishing mining usufruct rights for the purpose of the prospection and exploration of minerals is indexed to average annual consumer price indices set cumulatively for the period from the conclusion of the agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette).

IV.5)   Granting of the concessions and establishment of mining usufruct

The concession authority, having obtained the opinions or agreements required under the Geological and Mining Law Act, will grant concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons:

| 1) | to the entity whose concession application has been awarded the highest score; or |
| --- | --- |

1)

to the entity whose concession application has been awarded the highest score; or

| 2) | where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority; |
| --- | --- |

2)

where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority;

and, at the same time, will not grant concessions to other entities (Article 49ee(1) of the Geological and Mining Law Act).

The concession authority will conclude a mining usufruct contract with the entity whose concession application has been awarded the highest score and, where a concession application submitted jointly by several entities is awarded the highest score, with all entities which submitted the joint application (Article 49ee(2) of the Geological and Mining Law Act). In order to be able to carry out activities involving the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons in Poland, an operator must hold both mining usufruct rights and a concession.

IV.6)   Requirements to be met by concession applications and documents required from applicants

Article 49eb of the Geological and Mining Law Act specifies the component parts of the concession application.

The geological age of the formations where geological works will be carried out (geological purpose) should be indicated as the purpose of the works, including geological operations.

IV.7)   Minimum deposit exploration category

Category C is the minimum exploration category for oil and natural gas deposits in the ‘Krotoszyn’ area.

For the Minister

Piotr DZIADZIO

Deputy State Secretary

Ministry of Climate and the Environment

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 11.1.2021 | EN | Official Journal of the European Union | C 8/14 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 8/14

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Prior notification of a concentration

(Case M.9945 — Siemens Healthineers AG/Varian Medical Systems)

(Text with EEA relevance)

(2021/C 8/05)

1.

This notification concerns the following undertakings:

| — | Siemens Healthineers AG (‘Siemens Healthineers’, Germany), controlled by Siemens AG (Germany), |
| --- | --- |

—

Siemens Healthineers AG (‘Siemens Healthineers’, Germany), controlled by Siemens AG (Germany),

| — | Varian Medical Systems, Inc. (‘Varian’, USA). |
| --- | --- |

—

Varian Medical Systems, Inc. (‘Varian’, USA).

Siemens Healthineers acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Varian.

The concentration is accomplished by way of purchase of shares.

2.

| — | Siemens Healthineers is a stock corporation headquartered in Erlangen (Germany) and listed on the Frankfurt Stock Exchange. Siemens Healthineers provides healthcare solutions and services worldwide under three business segments: (i) Imaging; (ii) Laboratory Diagnostics; and (iii) Advanced Therapies, |
| --- | --- |

—

Siemens Healthineers is a stock corporation headquartered in Erlangen (Germany) and listed on the Frankfurt Stock Exchange. Siemens Healthineers provides healthcare solutions and services worldwide under three business segments: (i) Imaging; (ii) Laboratory Diagnostics; and (iii) Advanced Therapies,

| — | Siemens AG is a technology company headquartered in Munich (Germany). Siemens is active worldwide and focuses on the areas of automation and digitalization in the process and manufacturing industries, intelligent infrastructure for buildings and distributed energy systems, smart mobility solutions for rail and road and medical technology and digital healthcare services, |
| --- | --- |

—

Siemens AG is a technology company headquartered in Munich (Germany). Siemens is active worldwide and focuses on the areas of automation and digitalization in the process and manufacturing industries, intelligent infrastructure for buildings and distributed energy systems, smart mobility solutions for rail and road and medical technology and digital healthcare services,

| — | Varian is a public corporation headquartered in Palo Alto (USA) and listed on the New York Stock Exchange. Varian is a global provider of medical devices and software solutions for treating cancer and other medical conditions with radiation therapy and other advanced treatments. |
| --- | --- |

—

Varian is a public corporation headquartered in Palo Alto (USA) and listed on the New York Stock Exchange. Varian is a global provider of medical devices and software solutions for treating cancer and other medical conditions with radiation therapy and other advanced treatments.

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.9945 – Siemens Healthineers/Varian Medical Systems

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 |

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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| 11.1.2021 | EN | Official Journal of the European Union | C 8/16 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 8/16

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Prior notification of a concentration

(Case M.9857 — Volvo/Daimler/JV)

(Text with EEA relevance)

(2021/C 8/06)

1.

This notification concerns the following undertakings:

| — | Daimler Truck AG (‘Daimler’, Germany), belonging to the Daimler group, |
| --- | --- |

—

Daimler Truck AG (‘Daimler’, Germany), belonging to the Daimler group,

| — | Aktiebolaget Volvo (‘Volvo’, Sweden), |
| --- | --- |

—

Aktiebolaget Volvo (‘Volvo’, Sweden),

| — | Daimler Truck Fuel Cell GmbH (the ‘JV’, Germany), currently belonging to the Daimler group. |
| --- | --- |

—

Daimler Truck Fuel Cell GmbH (the ‘JV’, Germany), currently belonging to the Daimler group.

Volvo and Daimler acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.

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

2.

| — | Volvo is a multinational manufacturing company headquartered in Gothenburg, Sweden. Through its shareholdings in companies of the Volvo Group, Volvo is globally active amongst other things in the manufacture and sale of on- and off-highway trucks, buses, construction equipment and marine, on-highway and industrial engines, |
| --- | --- |

—

Volvo is a multinational manufacturing company headquartered in Gothenburg, Sweden. Through its shareholdings in companies of the Volvo Group, Volvo is globally active amongst other things in the manufacture and sale of on- and off-highway trucks, buses, construction equipment and marine, on-highway and industrial engines,

| — | Daimler, with its registered headquarters in Stuttgart, Germany, heads a business unit within the Daimler group, focused on the manufacturing and sale of trucks and buses. The Daimler group globally develops, manufactures and distributes automotive products, mainly passenger cars, trucks, vans and buses, |
| --- | --- |

—

Daimler, with its registered headquarters in Stuttgart, Germany, heads a business unit within the Daimler group, focused on the manufacturing and sale of trucks and buses. The Daimler group globally develops, manufactures and distributes automotive products, mainly passenger cars, trucks, vans and buses,

| — | The JV is is currently a 100% subsidiary of the Daimler group, incorporated in Germany, in which Daimler will consolidate its ongoing fuel cell activities. The JV will be active in the development, production, sales and after sales of fuel cell systems. The primary application of the fuel cell technology will be for heavy-duty trucks. |
| --- | --- |

—

The JV is is currently a 100% subsidiary of the Daimler group, incorporated in Germany, in which Daimler will consolidate its ongoing fuel cell activities. The JV will be active in the development, production, sales and after sales of fuel cell systems. The primary application of the fuel cell technology will be for heavy-duty trucks.

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.9857 — Volvo/Daimler/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 |

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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