CELEX: 32019M9552
Language: en
Date: 2019-10-22 00:00:00
Title: Commission Decision of 22/10/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9552 - BP / CHINA NATIONAL AVIATION FUEL GROUP / CNAF AIR BP GENERAL AVIATION FUEL COMPANY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 22.10.2019
                                                                C(2019) 7686 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9552 – BP / CHINA NATIONAL AVIATION FUEL GROUP /
                CNAF AIR BP GENERAL AVIATION FUEL COMPANY
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 30 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which BP Global
        Investments Limited (“BP GIL”), a wholly owned subsidiary of BP plc. (“BP”, United
        Kingdom) and CNAF Group General Aviation Development Co., Ltd., a wholly
        owned subsidiary of China National Aviation Fuel Group Limited (“China National
        Aviation Fuel Group”, People’s Republic of China) acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of
        CNAF Air BP General Aviation Fuel Company Limited (“CNAF Air BP General
        Aviation Fuel Company”, People’s Republic of China) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              BP is a global company active in (i) exploration, production and marketing of
                 crude oil and natural gas, (ii) refining, marketing, supply and transportation of
                 petroleum products, (iii) production and supply of petrochemicals and related
                 products and (iv) supply of alternative energy,
              China National Aviation Fuel Group is a Chinese state-owned aviation fuel
                 supplier,
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 338, 08.10.2019, p. 8.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---         CNAF Air BP General Aviation Fuel Company is a newly created joint
           venture that will be active in the supply of aviation fuel for general aviation
           purposes in China.
3. After examination of the notification, the European Commission has concluded that
   the notified operation falls within the scope of the Merger Regulation and of
   paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                  For the Commission
                                                  (Signed)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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