21.1.2014   

EN

Official Journal of the European Union

C 17/1

1.

2.

(1)

The European Council in its Resolution of 16 June 1997 (hereinafter the ‘Resolution’) agreed to set up an exchange rate mechanism (hereinafter ‘ERM II’) when the third stage of economic and monetary union began on 1 January 1999.

(2)

Under the terms of the Resolution, ERM II is designed to help ensure that non-euro area Member States participating in ERM II orient their policies to stability, foster convergence and thereby help the non-euro area Member States in their efforts to adopt the euro.

(3)

Latvia, as a Member State with a derogation, has participated in ERM II since 2005. Latvijas Banka is a party to the Agreement of 16 March 2006 between the European Central Bank and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange rate mechanism in stage three of economic and monetary union (1), as amended by the Agreement of 21 December 2006 (2), by the Agreement of 14 December 2007 (3), by the Agreement of 8 December 2008 (4), by the Agreement of 13 December 2010 (5) and by the Agreement of 21 June 2013 (6) (hereinafter collectively referred to as the ‘ERM II Central Bank Agreement’).

(4)

Pursuant to Article 1 of Council Decision 2013/387/EU of 9 July 2013 on the adoption by Latvia of the euro on 1 January 2014 (7) the derogation in favour of Latvia referred to in Article 4 of the 2003 Act of Accession is abrogated with effect from 1 January 2014. The euro will be Latvia’s currency from 1 January 2014 and Latvijas Banka should no longer be party to the ERM II Central Bank Agreement from that date.

(5)

It is therefore necessary to amend the ERM II Central Bank Agreement to take account of the abrogation of the derogation in favour of Latvia,

21.1.2014   

EN

Official Journal of the European Union

C 17/5

(1)

Pursuant to Article 3(1) of Decision ECB/2013/53 of 31 December 2013 on the paying-up of capital, transfer of foreign reserve assets and contributions by Latvijas Banka to the European Central Bank’s reserves and provisions (1), the aggregate euro-equivalent amount of foreign reserve assets that Latvijas Banka is required to transfer to the European Central Bank (ECB) with effect from 1 January 2014 in accordance with Article 48.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) is EUR 205 272 581,13.

(2)

Pursuant to Article 30.3 of the Statute of the ESCB and Article 4(1) of Decision ECB/2013/53, with effect from 1 January 2014 the ECB is required to credit Latvijas Banka with a euro-denominated claim equivalent to the aggregate euro amount of Latvijas Banka’s contribution of foreign reserve assets, subject to the specifications provided for in Article 3 of that Decision. The ECB and Latvijas Banka agree to set Latvijas Banka’s claim at EUR 163 479 892,24 in order to ensure that the ratio between the amount in euro of Latvijas Banka’s claim and the aggregate amount in euro of the claims credited to the other national central banks of Member States whose currency is the euro (hereinafter the ‘other NCBs’) will be equal to the ratio between Latvijas Banka’s weighting in the ECB’s capital key and the other NCBs’ aggregate weighting in this key.

(3)

The difference between the amounts mentioned in recitals 1 and 2 results from: (a) the application to the value of foreign reserve assets already transferred by Latvijas Banka pursuant to Article 30.1 of the Statute of the ESCB of the ‘current exchange rates’ referred to in Article 48.1 of the Statute of the ESCB; and (b) the effect on the claims pursuant to Article 30.3 of the Statute of the ESCB held by the other NCBs of the ECB’s capital key adjustments on 1 January 2004, 1 January 2009 and 1 January 2014 pursuant to Article 29.3 of the Statute of the ESCB and the ECB’s capital key expansions on 1 May 2004, 1 January 2007 and 1 July 2013 pursuant to Article 48.3 of the Statute of the ESCB.

(4)

In view of the abovementioned difference, the ECB and Latvijas Banka agree that Latvijas Banka’s claim may be reduced by offsetting against it the amount that Latvijas Banka is required to contribute to the ECB’s reserves and provisions pursuant to Article 48.2 of the Statute of the ESCB and Article 5(1) of Decision ECB/2013/53, in the event that Latvijas Banka’s claim is larger than the amount of EUR 163 479 892,24.

(5)

The ECB and Latvijas Banka should agree on other modalities for crediting Latvijas Banka’s claim, taking into account that, depending on exchange rate movements, it may be necessary to increase rather than reduce the claim to the amount referred to in recital 2.

(6)

The Governing Council has approved the ECB’s entry into this Agreement, which concerns a decision to be taken under Article 30 of the Statute of the ESCB, in accordance with Article 10.3 of the Statute of the ESCB and the procedure specified therein,

21.1.2014   

EN

Official Journal of the European Union

C 17/7

—

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/en/index.htm) under document number 32013M7079. EUR-Lex is the online access to the European law.

21.1.2014   

EN

Official Journal of the European Union

C 17/7

—

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/en/index.htm) under document number 32013M7089. EUR-Lex is the online access to the European law.

21.1.2014   

EN

Official Journal of the European Union

C 17/8

21.1.2014   

EN

Official Journal of the European Union

C 17/9

21.1.2014   

EN

Official Journal of the European Union

C 17/10

21.1.2014   

EN

Official Journal of the European Union

C 17/11

21.1.2014   

EN

Official Journal of the European Union

C 17/12

21.1.2014   

EN

Official Journal of the European Union

C 17/13

1.

On 14 January 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which ADM Hamburg Aktiengesellschaft, Hamburg (‘ADM Hamburg’, Germany), controlled by Archer Daniels Midland Company (‘ADM’, United States) and ATR Landhandel GmbH & Co. KG, Ratzeburg (‘ATR’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of RGL (Rostocker Getreide Lager) GmbH, Rostock (‘RGL’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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. 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 number COMP/M.7117 — Archer Daniels Midland/ATR Landhandel/JV, to the following address:

21.1.2014   

EN

Official Journal of the European Union

C 17/15

1.

On 15 January 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which NEC Corporation (‘NEC’, Japan) and Mitsubishi Corporation (‘Mitsubishi’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of INFOSEC Corporation (Japan) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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. 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 number COMP/M.7159 — NEC/Mitsubishi/INFOSEC, to the following address: