do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10073 — Vitol/Drax Generation) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 447/08
Date: 2020-12-23
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical energy, energy distribution, energy industry, energy production, merger control, power plant








C_2020447EN.01001901.xml










23.12.2020   


EN


Official Journal of the European Union


C 447/19






Prior notification of a concentration
(Case M.10073 — Vitol/Drax Generation)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 447/08)

1.   
On 15 December 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Vitol Holding B.V. (‘Vitol’, the Netherlands), belonging to the Vitol group,










—


Drax Generation Enerprise Limited (‘Drax Generation’, the United Kingdom), belonging to Drax Group plc.




Vitol acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Drax Generation.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Vitol: an energy and commodities trading company which trades and distributes energy products globally, and which generates electricity at one plant in the United Kingdom,










—


for Drax Generation: an electricity generation and wholesale supply company that owns and operates four combined cycle gas turbine (CCGT) plants in the United Kingdom.






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 the 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. The following reference should always be specified:
M.10073 — Vitol/Drax Generation
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







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

(2)  OJ C 366, 14.12.2013, p. 5.
Non-opposition to a notified concentration (Case M.10089 — Phillips 66/Fortress Investment Group/Pester Marketing) (Text with EEA relevance) 2021/C 6/09
Date: 2020-12-23
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, fuel, investment company, merger control, petrol, storage








C_2021006EN.01001101.xml










8.1.2021   


EN


Official Journal of the European Union


C 6/11






Non-opposition to a notified concentration
(Case M.10089 — Phillips 66/Fortress Investment Group/Pester Marketing)
(Text with EEA relevance)
(2021/C 6/09)
On 23 December 2020, 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 electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M10089. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Networking of organisations operating in the fields within the European Food Safety Authority’s (EFSA’s) mission 2020/C 448/02
Date: 2020-12-23
Institutions: European Food Safety Authority
Subjects: EU Member State, consumer protection, food inspection, food safety, institutional cooperation








C_2020448EN.01000401.xml










23.12.2020   


EN


Official Journal of the European Union


C 448/4






Networking of organisations operating in the fields within the European Food Safety Authority’s (EFSA’s) mission
(2020/C 448/02)
Regulation (EC) No 178/2002 (1), Article 36(2), provides that the European Food Safety Authority’s ‘Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission’.
The list was first drawn up by EFSA’s Management Board on 19 December 2006, and since then is:






i.


updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2)), and










ii.


made public on EFSA’s website, where the latest updated list of competent organisations is published.




This respective information is available on the EFSA website, at the following locations:






i.


the latest amendment to the list of competent organisations by EFSA’s Management Board on [17/12/2020] – [https://www.efsa.europa.eu/en/events/event/85th-management-board-web-meeting], and










ii.


the updated list of competent organisations – http://www.efsa.europa.eu/en/partnersnetworks/scorg.




EFSA will keep this Notice updated, specifically regarding the provided website links.
For more information please contact Cooperation.Article36@efsa.europa.eu.


(1)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(2)  Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority’s mission (OJ L 379, 24.12.2004, p. 64), as last amended.
Case T-653/19: Order of the General Court of 23 December 2020 — FF v Commission
Date: 2020-12-23
Institutions: General Court
Subjects: access to EU information, consumer information, freedom of self-determination, health risk, indemnification, legal aid, packaging, pharmaceutical industry, photograph, protection of privacy








C_2021062EN.01005001.xml










22.2.2021   


EN


Official Journal of the European Union


C 62/50






Order of the General Court of 23 December 2020 — FF v Commission
(Case T-653/19) (1)

(2021/C 62/62)
Language of the case: French
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 399, 25.11.2019.
Corrigendum to Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005 (Official Journal of the European Union L 284 of 12 November 2018)
Date: 2020-12-23
Institutions: Council of the European Union, European Parliament
Subjects: customs cooperation, customs formalities, customs inspection, disclosure of information, exchange of information, fight against crime, money laundering, terrorism








L_2020435EN.01007901.xml










23.12.2020   


EN


Official Journal of the European Union


L 435/79







Corrigendum to Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

(
Official Journal of the European Union L 284 of 12 November 2018
)


On page 18, first subparagraph of Article 19(1):
for:







‘1.


By 3 December 2021, and every five years thereafter, …’,





read:







‘1.


By 3 June 2024, and every five years thereafter, …’.
Prior notification of a concentration (Case M.9686 – Mitsui/ Belchim Crop Protection) (Text with EEA relevance) 2020/C 447/09
Date: 2020-12-23
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, pesticides industry








C_2020447EN.01002001.xml










23.12.2020   


EN


Official Journal of the European Union


C 447/20






Prior notification of a concentration
(Case M.9686 – Mitsui/ Belchim Crop Protection)
(Text with EEA relevance)
(2020/C 447/09)

1.   
On 15 December 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Mitsui & Co Ltd (‘Mitsui’, Japan),










—


Belchim Crop Protection NV (‘Belchim’, Belgium)




Mitsui acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Belchim
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Mitsui: Mitsui is a Japanese general trading company. Its business covers several industries and products, in particular agricultural and chemical products for crop protection. Mitsui is active in crop protection in the EEA through its subsidiaries Certis, Spiess-Urania and Japan Agro Services.










—


for Belchim: Belchim is active in the development and commercialisation of agricultural products for crop protection. Belchim is active in the EEA under its own name and those of its subsidiaries Orchem, Nordisk Alkali, Protex and Proagro.






3.   

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.



4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.9686 – Mitsui/ Belchim Crop Protection
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







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Case T-767/20: Action brought on 23 December 2020 — Clean Sky 2 Joint Undertaking v NG
Date: 2020-12-23
Institutions: General Court
Subjects: Framework Programme for Research and Development, claim, debt, financial aid, interest, reimbursement of aid, wage cost








C_2021053EN.01006601.xml










15.2.2021   


EN


Official Journal of the European Union


C 53/66






Action brought on 23 December 2020 — Clean Sky 2 Joint Undertaking v NG
(Case T-767/20)
(2021/C 53/83)
Language of the case: Italian

Parties


Applicant: Clean Sky 2 Joint Undertaking (represented by: M. Velardo, lawyer, and B. Mastantuono, acting as Agent)

Defendant: NG

Form of order sought

The applicant claims that the Court should:






—


order the defendant to pay Clean Sky 2 Joint Undertaking the sum of EUR 56 111,31 in relation to Grant Agreement No 271 874 WISMOA under the Seventh Framework Programme of the European Union, together with interest at the rate of 3,5 % set by the European Central Bank for its main refinancing operations, from 23 May 2019 until the date of actual payment;










—


order the defendant to pay the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on the following plea in law:
The defendant failed to fulfil his contractual obligations by failing to reimburse the amount relating to staff costs, held not to be eligible for funding. As a result, the applicant issued two debit notes for a total amount of EUR 56 111,31, already paid to Alpha Consulting Service Srl, in accordance with the provisions of the grant agreement. There is no doubt whatsoever in the present case as to the facts giving rise to the obligations incumbent on the defendant as shareholder and representative of Alpha Consulting Service Srl, which has been removed from the commercial register. The objections made by that company after the debit notes were issued are generic, incomplete and not supported by evidence and, therefore, appear to be entirely unfounded. As a result, the applicant is entitled to seek recovery and reimbursement of the amount paid, plus default interest.
Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 January 2021 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1)) 2020/C 447/04
Date: 2020-12-23
Institutions: Directorate-General for Competition, European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2020447EN.01000901.xml










23.12.2020   


EN


Official Journal of the European Union


C 447/9






Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 January 2021


(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))


(2020/C 447/04)
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basispoints has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basispoints to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 436, 17.12.2020, p. 29.


































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.1.2021


…



-0,45




-0,45




0,00




-0,45




0,44




-0,45




0,06




-0,45




-0,45




-0,45




-0,45




-0,45




0,22




0,80




-0,45




-0,45




-0,45




-0,45




-0,45




-0,45




-0,45




0,23




-0,45




2,07




0,00




-0,45




-0,45




0,15
Case T-764/20: Action brought on 23 December 2020 — Anhui Wanwei Updated High-Tech Material Industry and Inner Mongolia Mengwei Technology v Commission
Date: 2020-12-23
Institutions: General Court
Subjects: China, anti-dumping duty, chemical alcohol, import (EU), originating product, rights of the defence








C_2021062EN.01003902.xml










22.2.2021   


EN


Official Journal of the European Union


C 62/39






Action brought on 23 December 2020 — Anhui Wanwei Updated High-Tech Material Industry and Inner Mongolia Mengwei Technology v Commission
(Case T-764/20)
(2021/C 62/50)
Language of the case: English

Parties


Applicants: Anhui Wanwei Updated High-Tech Material Industry Co. Ltd (Chaohu City, China), Inner Mongolia Mengwei Technology Co. Ltd (Bai Town, China) (represented by: J. Cornelis, F. Graafsma and E. Vermulst, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China (1);










—


orders the European Commission to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that Article 2(6a) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (‘Basic Regulation’) mandates an approach and creates an exception that is not provided for in the WTO Anti-Dumping Agreement (‘ADA’), and therefore cannot be applied.










2.


Second plea in law, alleging a violation of Article 2(6a)(a) Basic Regulation by the defendant in considering that Mexican financial statements were not readily available, in breaching its duty of care by failing to consider meaningful data that would discard Turkey as the appropriate representative country, and in not selecting Mexico as the most appropriate representative country.










3.


Third plea in law, alleging a violation of article 2(10) Basic Regulation, by making an adjustment for a notional commission and a manifest error of assessment in finding that Wanwei acts as an agent working on a commission basis, by not observing the fair comparison requirement, and by making an upward adjustment to the normal value for non-recoverable VAT.










4.


Fourth plea in law, alleging a violation of Articles 3(2) and 3(3) Basic Regulation and manifest error of assessment when establishing price undercutting and a consequent violation of Article 3(6) Basic Regulation by failing to conduct a segmented price undercutting analyses, by failing to make the necessary adjustments for quality differences and by failing to establish price undercutting for the product as a whole.










5.


Fifth plea in law, alleging a violation of the applicants’ rights of defence by refusing to disclose certain information necessary to be able to comment on the undercutting analysis.






(1)  OJ 2020, L 315, p. 1.
Corrigendum to Council Decision (CFSP) 2020/1312 of 21 September 2020 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic (Official Journal of the European Union L 308 of 22 September 2020)
Date: 2020-12-23
Institutions: Council of the European Union
Subjects: Central African Republic, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, military equipment, trade restriction








L_2020435EN.01008001.xml










23.12.2020   


EN


Official Journal of the European Union


L 435/80







Corrigendum to Council Decision (CFSP) 2020/1312 of 21 September 2020 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

(
Official Journal of the European Union L 308 of 22 September 2020
)


On page 3, Article 1:
for:






‘(h)


the sale, supply or export of arms and other related lethal equipment that are not listed in point (g) of Article 2(1), and the provision of related assistance, to the CAR security forces, including state civilian law enforcement institutions, where such arms and equipment are intended solely for support of, or use in, the CAR process of SSR, as approved in advance by the Committee; or”.’,




read:






‘(h)


the sale, supply, transfer or export of arms and other related lethal equipment that are not listed in point (g) of Article 2(1), and the provision of related assistance, to the CAR security forces, including state civilian law enforcement institutions, where such arms and equipment are intended solely for support of, or use in, the CAR process of SSR, as approved in advance by the Committee; or”.’.
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 September 2020 (Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL of 14 July 2004 (OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25 May 2006, p. 1.)) 2020/C 447/06
Date: 2020-12-23
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2020447EN.01001601.xml










23.12.2020   


EN


Official Journal of the European Union


C 447/16






EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 September 2020


(Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL of 14 July 2004 (1))

(2020/C 447/06)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of ESA’s State Aid Guidelines as amended by ESA’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:








 


Iceland


Liechtenstein


Norway




1.9.2020 –


1,80


- 0,46


0,32






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25 May 2006, p. 1.
Non-opposition to a notified concentration (Case M.10055 — MIRA/Romanian assets of CEZ) (Text with EEA relevance) 2021/C 6/05
Date: 2020-12-23
Institutions: Directorate-General for Competition, European Commission
Subjects: Romania, economic concentration, electrical energy, electricity supply, energy grid, gas supply, investment company, merger control, renewable energy, retail trade








C_2021006EN.01000701.xml










8.1.2021   


EN


Official Journal of the European Union


C 6/7






Non-opposition to a notified concentration
(Case M.10055 — MIRA/Romanian assets of CEZ)
(Text with EEA relevance)
(2021/C 6/05)
On 23 December 2020, 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 electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M10055. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.