CELEX: 32016M8007
Language: en
Date: 2016-05-30 00:00:00
Title: Commission Decision of 30/05/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8007 - AVRIL / BPIFRANCE / BPT ISRAEL / EVERTREE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 30.05.2016
                                        C(2016) 3366 final

                                        [pic][pic]

To the notifying parties:

Dear Sirs,

Subject:    Case M.8007 – AVRIL / BPIFRANCE / BPT ISRAEL/ EVERTREE
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 29 April 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 and following  a  referral
    pursuant to Article 4(5) of the Merger Regulation by which Avril Protein Solutions S.A.S. ("Avril Holding", France), controlled by Bpifrance
    Investissement S.A.S. ("Bpifrance", France) and Avril Industrie S.A.S. ("Avril", France) on one hand, and Biopolymer Technologies Ltd. ("BPT
    Israel", Israel) on the other, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the Evertree
    S.A.S. ("Evertree", France) by way of purchase of shares in a newly created company constituting a joint venture.[3]

 2. The business activities of the undertakings concerned are:

      – for Avril: active in the field of human food, animal feed, biofuel and biochemical  extraction,  valorisation,  marketing  and  sales  of
        vegetable oils and proteins, in the EEA.

      – for Bpifrance: an investment fund offering funds and direct investments to industrial projects, including projects deemed  to  boost  the
        development of the French economy in the frame of the French State project "Programme d'investisment d'avenir", active mainly in  France,
        and also in the EEA.

      – for BPT Israel: an R&D and IP start-up company active in the development and testing of a broad range of  intellectual  property  related
        to the use of protein in applications.

      – for Evertree: active in the field of research, development, marketing and manufacturing of products and solutions derived from  vegetable
        proteins (oilseed meals) in applications such as additives in the resins  used  for  the  manufacture  of  wood  composite  boards,  wood
        adhesives and any relevant application that could be further developed, in the EEA.

 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(c) 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)
                                        Johannes LAITENBERGER
                                        Director-General
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[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 167, 11.05.2016, p. 17.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE