CELEX: 32020M9972
Language: en
Date: 2020-12-10 00:00:00
Title: Commission Decision of 10/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9972 - NESTE / BUNGE LODERS CROKLAAN OILS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 10.12.2020
                                                                C(2020) 9149 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9972 – Neste/Bunge Loders Croklaan Oils
                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 18 November 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Neste Oyj (‘Neste’, Finland), acquires within the meaning of Article
        3(1)(b) of the Merger Regulation control over the whole of Bunge Loders Croklaan
        Oils B.V. (‘Bunge Loders Croklaan Oils’, the Netherlands) by way of purchase of
        shares.3
2.      The business activities of the undertakings concerned are:
             for Neste: refining and marketing low-emission, high-quality traffic fuels,
              producing both fossil and renewable fuels. Neste currently owns and operates a
              renewable fuel production plant in a site adjacent to Bunge Loders Croklaan Oils,
             for Bunge Loders Croklaan Oils: production and related assets (loading/unloading
              assets, storage tanks, and a refinery for vegetable oils and their derivatives)
              located in Rotterdam harbour, and the related personnel, excluding any feedstock
              sourcing and supply agreements.
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
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 402, 25.11.2020, 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---    paragraph 5(b) 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                              2