# Official Journal C 394/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 394 |
| | |
| English edition | Information and Notices | Volume 5926 October 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 394

English edition

Information and Notices

Volume 5926 October 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 394/01 | Non-opposition to a notified concentration (Case M.8105 — Marmedsa/UECC/UECC Ibérica) (
  1
  ) | 1 |
| 2016/C 394/02 | Non-opposition to a notified concentration (Case M.8015 — Synthos/Ineos Styrenics) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 394/01

Non-opposition to a notified concentration (Case M.8105 — Marmedsa/UECC/UECC Ibérica) (
  1
  )

1

1

2016/C 394/02

Non-opposition to a notified concentration (Case M.8015 — Synthos/Ineos Styrenics) (
  1
  )

1

1

---

| | III   Preparatory acts |
| --- | --- |
| | European Central Bank |
| 2016/C 394/03 CON/2016/44 | Opinion of the European Central Bank of 12 September 2016 on a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds (CON/2016/44) | 2 |

III   Preparatory acts

European Central Bank

2016/C 394/03 CON/2016/44

Opinion of the European Central Bank of 12 September 2016 on a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds (CON/2016/44)

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 394/04 | Euro exchange rates | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 394/04

Euro exchange rates

5

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 394/05 | Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products | 6 |
| 2016/C 394/06 | Prior notification of a concentration (Case M.8177 — AMC UK/Odeon and UCI Cinemas) — Candidate case for simplified procedure (
  1
  ) | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 394/05

Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

6

2016/C 394/06

Prior notification of a concentration (Case M.8177 — AMC UK/Odeon and UCI Cinemas) — Candidate case for simplified procedure (
  1
  )

1

7

---

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.10.2016 | EN | Official Journal of the European Union | C 394/1 |
| --- | --- | --- | --- |

26.10.2016

EN

Official Journal of the European Union

C 394/1

---

Non-opposition to a notified concentration

(Case M.8105 — Marmedsa/UECC/UECC Ibérica)

(Text with EEA relevance)

(2016/C 394/01)

On 18 October 2016, 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 the English language 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 32016M8105. 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 32016M8105. EUR-Lex is the online access to European law.

---

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

---

| 26.10.2016 | EN | Official Journal of the European Union | C 394/1 |
| --- | --- | --- | --- |

26.10.2016

EN

Official Journal of the European Union

C 394/1

---

Non-opposition to a notified concentration

(Case M.8015 — Synthos/Ineos Styrenics)

(Text with EEA relevance)

(2016/C 394/02)

On 26 August 2016, 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 language 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 32016M8015. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8015. EUR-Lex is the on-line access to the European law.

---

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

---

III Preparatory acts

European Central Bank

| 26.10.2016 | EN | Official Journal of the European Union | C 394/2 |
| --- | --- | --- | --- |

26.10.2016

EN

Official Journal of the European Union

C 394/2

---

OPINION OF THE EUROPEAN CENTRAL BANK

of 12 September 2016

on a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds

(CON/2016/44)

(2016/C 394/03)

Introduction and legal basis

On 3 August 2016 the European Central Bank (ECB) received a request from the Council for an opinion on a proposal (1) for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 345/2013 on European venture capital funds (2) and Regulation (EU) No 346/2013 on European social entrepreneurship funds (3) (hereinafter the ‘proposed Regulation’).

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the Functioning of the European Union as the proposed Regulation contains provisions affecting the tasks of the European System of Central Banks to implement monetary policy and contribute to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system, as referred to in the first indent of Article 127(2) and Article 127(5) of the Treaty. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

1.   General observations

The ECB supports the aims of the proposed regulation, which is a key part of the Capital Markets Union (‘CMU’) Action Plan (4) and a complement to other pillars of the Investment Plan for Europe (5). The proposed Regulation should make it easier for investors, fund managers and portfolio undertakings qualifying for such investments to benefit from European venture capital (hereinafter ‘EuVECA’) funds and European social entrepreneurship (hereinafter ‘EuSEF’) funds, thus assisting the completion of the CMU and helping to diversify funding sources and unlock capital.

2.   Specific observations

2.1.   Registration of EuVECA and EuSEF funds and their managers

The ECB notes that the proposed Regulation lays down the conditions to be met by managers authorised under Directive 2011/61/EU of the European Parliament and of the Council (6) when registering EuVECA and EuSEF funds. These conditions include the provision of information identifying the funds, the units or shares of which are to be marketed, and the persons effectively managing the funds.

As the ECB has previously stated in connection with the CMU (7), the standardisation of statistical information, namely by means of unique identifiers for institutions, products and transactions, is a key priority in order to achieve a workable and high-quality data infrastructure. In particular, the ECB strongly supports the use of internationally agreed standards, such as the International Securities Identification Number (ISIN) and the global Legal Entity Identifier (LEI), as unique identifiers to meet reporting requirements on the securities markets (8). In the case of EuVECA and EuSEF funds, the ECB considers that the information to be provided by managers when registering such funds should, as a mandatory requirement, include the global LEI for identifying the funds and their authorised managers (9). The ISIN should also be included in order to identify the units of, or shares in, the funds to be marketed. This will improve the reliability of such statistical information and thus allow for the effective implementation of monetary policy. EuVECA and EuSEF funds are part of the reporting population for statistics on the assets and liabilities of investment funds, as established in Regulation (EU) No 1073/2013 of the European Central Bank (ECB/2013/38) (10), and their shares or units are part of the centralised securities database, in line with Guideline ECB/2012/21 of the European Central Bank (11). These data are used by the ECB to define the monetary policy of the Union, including the monitoring and analysis of non-standard measures.

Furthermore, the ECB’s proposed mandatory requirement to report the global LEI and the ISIN should apply to all financial markets and not just specific market segments. Such an application will ensure that a minimum set of standardised information covering the main features of all institutions, products and transactions on the financial markets is available to all stakeholders.

The ECB is accordingly of the view that, where appropriate and to the extent possible, other legislative changes underpinning the CMU should also establish the mandatory reporting of unique identifiers. This would pave the way for the establishment of automatic data processing, which would facilitate the distribution of standardised information to all stakeholders on the capital markets. The ECB has previously expressed the view that when securities are offered to the public or admitted to trading on regulated financial markets, the key information in the prospectus summary should be made available in a machine-readable way and should include unique identifiers in respect of the issuer, the offeror, any guarantor and the securities themselves (12). Units issued by collective investment undertakings, other than the closed-end type, were expressly excluded from the scope of the proposed prospectus regulation (13) and hence not covered by the ECB’s call for mandatory reporting of unique identifiers in that connection (14). Therefore, to partly close that gap, the proposed Regulation should also include the mandatory reporting of unique identifiers, as part of the proposed amendments to the information requirements for managers when registering their EuvVECA and EuSEF funds.

2.2.   ESMA central databases of managers of EuVECA and EuSEF funds

The ECB notes that the proposed Regulation requires the European Securities and Markets Authority (ESMA) to establish central, publicly accessible databases: (a) identifying all managers of qualifying venture capital funds using the designation ‘EuVECA’, the funds for which they use such designation and the countries in which these funds are marketed; and (b) identifying all managers of qualifying social entrepreneurship funds using the designation ‘EuSEF’, the funds for which they use such designation and the countries in which these funds are marketed.

In line with the above observations, the ECB proposes that these databases to be established by ESMA should include the LEI of each fund and its manager and the ISIN for the units or shares of the fund.

3.   Technical observations and drafting proposals

Where the ECB recommends that the proposed Regulation is amended, specific drafting proposals are set out in a separate technical working document accompanied by an explanatory text.

The technical working document is annexed to this Opinion and is available in English on the ECB’s website.

Done at Frankfurt am Main, 12 September 2016.

The President of the ECB

Mario DRAGHI

---

(1)  COM(2016) 461 final.

1

(2)  Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p. 1).

2

(3)  Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (OJ L 115, 25.4.2013, p. 18).

3

(4)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Action Plan on Building a Capital Markets Union (COM(2015) 468 final).

4

(5)  Communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank: An Investment Plan for Europe (COM(2014) 903 final).

5

(6)  Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).

6

(7)  See ‘Building a Capital Markets Union – Eurosystem contribution to the European Commission’s Green Paper’; available at: https://www.ecb.europa.eu/pub/pdf/other/150521_eurosystem_contribution_to_green_paper_-_building_a_cmuen.pdf

7

(8)  See the sixth subparagraph of paragraph 2.4 of Opinion CON/2014/49. All ECB opinions are published on the ECB’s website at www.ecb.europa.eu There are also other internationally agreed standards in development, namely a unique product identifier and a unique trade identifier, which should be considered for use in the markets as further unique identifiers.

8

(9)  Managers of qualifying venture capital funds are defined in point (c) of Article 3 of Regulation (EU) No 345/2013 as ‘legal persons the regular business of which is managing at least one qualifying venture capital fund’. Managers of qualifying social entrepreneurship funds are similarly defined in point (c) of Article 3 of Regulation (EU) No 346/2013.

9

(10)  Regulation (EU) No 1073/2013 of the European Central Bank of 18 October 2013 concerning statistics on the assets and liabilities of investment funds (ECB/2013/38) (OJ L 297, 7.11.2013, p. 73).

10

(11)  Guideline ECB/2012/21 of 26 September 2012 on the data quality management framework for the Centralised Securities Database (OJ L 307, 7.11.2012, p. 89).

11

(12)  See paragraphs 2.2 and 2.3 of Opinion CON/2016/15.

12

(13)  See Article 1(2)(a) of the proposed Regulation of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading (COM(2015) 583 final).

13

(14)  See paragraphs 2.2 and 2.3 of Opinion CON/2016/15.

14

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.10.2016 | EN | Official Journal of the European Union | C 394/5 |
| --- | --- | --- | --- |

26.10.2016

EN

Official Journal of the European Union

C 394/5

---

Euro exchange rates (1)

25 October 2016

(2016/C 394/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0872 |
| JPY | Japanese yen | 113,65 |
| DKK | Danish krone | 7,4387 |
| GBP | Pound sterling | 0,88998 |
| SEK | Swedish krona | 9,7180 |
| CHF | Swiss franc | 1,0848 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9868 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 308,16 |
| PLN | Polish zloty | 4,3042 |
| RON | Romanian leu | 4,4901 |
| TRY | Turkish lira | 3,3407 |
| AUD | Australian dollar | 1,4229 |
| CAD | Canadian dollar | 1,4478 |
| HKD | Hong Kong dollar | 8,4331 |
| NZD | New Zealand dollar | 1,5208 |
| SGD | Singapore dollar | 1,5133 |
| KRW | South Korean won | 1 230,63 |
| ZAR | South African rand | 15,0403 |
| CNY | Chinese yuan renminbi | 7,3685 |
| HRK | Croatian kuna | 7,5030 |
| IDR | Indonesian rupiah | 14 140,12 |
| MYR | Malaysian ringgit | 4,5142 |
| PHP | Philippine peso | 52,418 |
| RUB | Russian rouble | 67,4963 |
| THB | Thai baht | 37,998 |
| BRL | Brazilian real | 3,3872 |
| MXN | Mexican peso | 20,1024 |
| INR | Indian rupee | 72,6370 |

Currency

Exchange rate

USD

US dollar

1,0872

JPY

Japanese yen

113,65

DKK

Danish krone

7,4387

GBP

Pound sterling

0,88998

SEK

Swedish krona

9,7180

CHF

Swiss franc

1,0848

ISK

Iceland króna

NOK

Norwegian krone

8,9868

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

308,16

PLN

Polish zloty

4,3042

RON

Romanian leu

4,4901

TRY

Turkish lira

3,3407

AUD

Australian dollar

1,4229

CAD

Canadian dollar

1,4478

HKD

Hong Kong dollar

8,4331

NZD

New Zealand dollar

1,5208

SGD

Singapore dollar

1,5133

KRW

South Korean won

1 230,63

ZAR

South African rand

15,0403

CNY

Chinese yuan renminbi

7,3685

HRK

Croatian kuna

7,5030

IDR

Indonesian rupiah

14 140,12

MYR

Malaysian ringgit

4,5142

PHP

Philippine peso

52,418

RUB

Russian rouble

67,4963

THB

Thai baht

37,998

BRL

Brazilian real

3,3872

MXN

Mexican peso

20,1024

INR

Indian rupee

72,6370

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 26.10.2016 | EN | Official Journal of the European Union | C 394/6 |
| --- | --- | --- | --- |

26.10.2016

EN

Official Journal of the European Union

C 394/6

---

Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

(2016/C 394/05)

Economic operators are informed that the Commission has received requests in accordance with the administrative arrangements foreseen in the Commission communication concerning autonomous tariff suspensions and quotas (2011/C 363/02) (1) for the July round of 2017.

The list of the products for which a duty suspension is requested is now available on the Commission’s thematic (Europa) website on the customs union (2).

Economic operators are also informed that the deadline for objections against new requests to reach the Commission, via the national administrations, is 16 December 2016 which is the date of the second scheduled meeting of the Economic Tariff Questions Group.

Interested operators are advised to consult the list regularly in order to be informed on the status of the requests.

More information on the autonomous tariff suspension procedure can be found on the Europa website:

http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/suspensions/index_en.htm

---

(1)  OJ C 363, 13.12.2011, p. 6.

(2)  http://ec.europa.eu/taxation_customs/dds2/susp/susp_home.jsp?Lang=en

---

| 26.10.2016 | EN | Official Journal of the European Union | C 394/7 |
| --- | --- | --- | --- |

26.10.2016

EN

Official Journal of the European Union

C 394/7

---

Prior notification of a concentration

(Case M.8177 — AMC UK/Odeon and UCI Cinemas)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 394/06)

| 1. | On 19 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AMC Entertainment Holdings Inc. (United States of America) belonging to the Dalian Wanda Group (People’s Republic of China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Odeon and UCI Cinemas (United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 19 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AMC Entertainment Holdings Inc. (United States of America) belonging to the Dalian Wanda Group (People’s Republic of China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Odeon and UCI Cinemas (United Kingdom) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for AMC: AMC is active in cinema exhibition services in the United States of America and the United Kingdom. It operates 386 cinemas, the majority of which are located in the USA and only 1 of which is located in Europe. It also has interests in cinema screen advertising and film distribution activities in the USA, though does not itself engage in these businesses directly,
  —   for Odeon and UCI Cinemas: Odeon and UCI Cinemas operates 242 cinemas under the Odeon, UCI, UCI Kinowelt and Cinesa brands in the United Kingdom, Ireland, Spain, Portugal, Italy, Germany and Austria. Odeon also has a number of joint ventures in areas ancillary to film exhibition services, including a cinema screen advertising company and a film distribution joint venture both based in the United Kingdom and an online ticket sales platform in Germany. Odeon has a limited interest in cinema exhibition services in China. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for AMC: AMC is active in cinema exhibition services in the United States of America and the United Kingdom. It operates 386 cinemas, the majority of which are located in the USA and only 1 of which is located in Europe. It also has interests in cinema screen advertising and film distribution activities in the USA, though does not itself engage in these businesses directly,

—   for Odeon and UCI Cinemas: Odeon and UCI Cinemas operates 242 cinemas under the Odeon, UCI, UCI Kinowelt and Cinesa brands in the United Kingdom, Ireland, Spain, Portugal, Italy, Germany and Austria. Odeon also has a number of joint ventures in areas ancillary to film exhibition services, including a cinema screen advertising company and a film distribution joint venture both based in the United Kingdom and an online ticket sales platform in Germany. Odeon has a limited interest in cinema exhibition services in China.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8177 — AMC UK/Odeon and UCI Cinemas, 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.8177 — AMC UK/Odeon and UCI Cinemas, to the following 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’).

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

---