ISSN 1977-091X

Official Journal

of the European Union

C 428

European flag  

English edition

Information and Notices

Volume 60
13 December 2017


Notice No

Contents

page

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2017/C 428/01

Commission Notice of 13 July 2017 relating to the provision of information on substances or products causing allergies or intolerances as listed in Annex II to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers

1

2017/C 428/02

Non-opposition to a notified concentration (Case M.8727 — CGE/EDPR/TrustWind/DGE/Repsol/WindPlus) ( 1 )

6

2017/C 428/03

Non-opposition to a notified concentration (Case M.8612 — CZ/DT/Carl Zeiss Smart Optics) ( 1 )

6

2017/C 428/04

Non-opposition to a notified concentration (Case M.8615 — AXA/Unibail-Rodamco/Paunsdorf Center) ( 1 )

7

2017/C 428/05

Non-opposition to a notified concentration (Case M.8478 — Zukunft Ventures/Gustav Magenwirth/Brake Force One/Unicorn Energy/JV) ( 1 )

7

2017/C 428/06

Non-opposition to a notified concentration (Case M.8711 — Macquarie/Oiltanking/Oiltanking Odfjell Terminal Singapore) ( 1 )

8

2017/C 428/07

Non-opposition to a notified concentration (Case M.8700 — Engie/Omnes Capital/Prédica Prévoyance/Target) ( 1 )

8

2017/C 428/08

Non-opposition to a notified concentration (Case M.8583 — Lufthansa Technik/Pepperl+Fuchs/JV) ( 1 )

9


 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Parliament
Council
European Commission

2017/C 428/09

Interinstitutional Proclamation on the European Pillar of Social Rights

10

 

European Commission

2017/C 428/10

Euro exchange rates

16

 

Authority for European Political Parties and European Political Foundations

2017/C 428/11

Decision of the Authority for European political parties and European political foundations of 7 August 2017 to register Party of the European Left

17

 

NOTICES FROM MEMBER STATES

2017/C 428/12

Information communicated by Member States regarding closure of fisheries

32

2017/C 428/13

Information communicated by Member States regarding closure of fisheries

32


 

V   Announcements

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

 

European Commission

2017/C 428/14

Prior notification of a concentration (Case M.8718 — Starwood Capital Group/Accor/Sofitel Budapest Chain Bridge Hotel) — Candidate case for simplified procedure ( 1 )

33

2017/C 428/15

Prior notification of a concentration (Case M.8716 — Mirova/GE/Idesamgar/Idesamgar 1) — Candidate case for simplified procedure ( 1 )

35


 


 

(1)   Text with EEA relevance.

EN

 


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

13.12.2017   

EN

Official Journal of the European Union

C 428/1


COMMISSION NOTICE

of 13 July 2017

relating to the provision of information on substances or products causing allergies or intolerances as listed in Annex II to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers

(2017/C 428/01)

TABLE OF CONTENTS

1.

Introduction 1

2.

List of allergens (Annex II to Regulation (EU) No 1169/2011) 2

3.

Modalities for the provisions of allergen information for pre-packed foods (in particular Article 21, read in conjunction with Article 18 of the Regulation) 2

3.1.

When the food bears a list of ingredients 2

3.2.

In the absence of a list of ingredients 3

3.3.

Labelling of derivates from the same allergen 3

3.4.

Exemption 4

3.5.

Voluntary repetition 4

4.

Allergen information for non-prepacked foods 5

5.

Updating of Annex II 5

1.   Introduction

1.

This Notice is intended to assist businesses and national authorities in the application of the new requirements of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (1) (‘the Regulation’) related to the indication of the presence of certain substances or products causing allergies or intolerances (Article 9(1), point (c) and Annex II to the Regulation).

2.

Regulation (EU) No 1169/2011 on the provisions of food information to consumers lays down new requirements on allergen labelling compared to the former Directive 2000/13/EC of the European Parliament and of the Council (2).

3.

In particular, under the new legislation it is required that the information on the presence of allergens in foods is always provided to the consumers, including on non-prepacked foods (Article 9(1), point (c) and Article 44). The Member States are however allowed to adopt national measures concerning the means through which information on allergens on non-prepacked foods is to be made available. With regard to the prepacked foods, the Regulation lays down the modalities defining how the information on allergens has to be provided on foods (Article 21). Consequently, the existing Guidelines on allergen labelling drafted under the regime of Directive 2000/13/EC needs be updated as a reflection of this change in the law.

4.

This Notice is without prejudice to the interpretation which the Court of Justice of the European Union may provide.

2.   List of allergens (Annex II to Regulation (EU) No 1169/2011)

5.

Annex II to the Regulation includes a list of food substances or products causing allergies or intolerances. This list has been established on the basis of the scientific opinions adopted by the European Food Safety Authority (EFSA) (3).

6.

In the context of Annex II, the following should be noted:

‘Cereals’ as listed in Annex II, point 1 are to be understood as an exhaustive list.

‘Egg’ in Annex II, point 3 refers to eggs from all farmed birds.

‘Milk’ in Annex II, point 7 refers to milk from the mammary gland of farmed animals.

‘Nuts’ as listed in Annex II, point 8 are to be understood as an exhaustive list.

Annex II lists not only substances and products mentioned as such therein but also products thereof. In the case where microorganisms have been fed on a substrate which is a food ingredient included in Annex II, those microorganisms should not be considered as products derived from these substrates.

3.   Modalities for the provisions of allergen information for pre-packed foods (in particular Article 21, read in conjunction with Article 18 of the Regulation)

7.

According to Article 21(1), point (a):

‘Without prejudice to the rules adopted under Article 44(2), the particulars referred to in point (c) of Article 9(1) shall meet the following requirements:

(a)

they shall be indicated in the list of ingredients in accordance with the rules laid down in Article 18(1), with a clear reference to the name of the substance or product as listed in Annex II; (…)’

3.1.   When the food bears a list of ingredients

8.

In the case of cereals containing gluten listed in Annex II: where ingredients are produced from cereals containing gluten, they have to be declared under a name making a clear reference to the specific type of the cereal, i.e. wheat, rye, barley, oats.

For example: barley malt vinegar, oats flakes.

9.

Where ‘spelt’, ‘khorasan’ or ‘durum’ is used, a clear reference to the specific type of the cereal, i.e. ‘wheat’ is required. The word ‘wheat’ may be accompanied by the word ‘durum’, ‘spelt’ or ‘khorasan’, added on a voluntary basis.

For example

:

wheat or wheat (durum) or durum wheat,

wheat or wheat (spelt) or spelt wheat.

10.

The indication of a specific type of the cereal may be accompanied by the word ‘gluten’, added on a voluntary basis.

For example: wheat flour (contains gluten) or wheat flour (gluten).

11.

Where gluten is added as such, as an ingredient, the type of the cereal the gluten is coming from has to be indicated.

For example

:

gluten (wheat), wheat gluten or gluten (from wheat)

dextrin (wheat) or (wheat gluten); dextrin (contains wheat) or (contains wheat gluten).

12.

When a product containing one of the cereals mentioned in Annex II (e.g. oats) meets the relevant requirements of Commission Implementing Regulation (EU) No 828/2014 (4), then the statement ‘gluten-free’ or ‘very low gluten’ can be used on the product. However, the cereal mentioned in Annex II has to still be indicated and emphasised in the list of ingredients in accordance with Articles 9 and 21 of the Regulation.

13.

In the case of nuts, the specific type as listed in point 8 of Annex II have to be indicated in the list of ingredients, i.e. almonds, hazelnuts, walnuts, cashews, pecan nuts, Brazil nuts, pistachio nuts, macadamia or Queensland nuts. Where ingredients or processing aids derived from nuts listed in Annex II have been used, the ingredient has to be indicated with a clear reference to the specific name of the nut.

For example: flavourings (almond).

14.

According to Article 21(1), point (b) of the Regulation:

‘Without prejudice to the rules adopted under Article 44(2), the particulars referred to in point (c) of Article 9(1) shall meet the following requirements:

(…)

(b)

the name of the substance or product as listed in Annex II shall be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients, for example by means of the font, style or background colour.’

15.

Article 21(1), point (b) gives certain flexibility as regards the means for ensuring this emphasis, for example by means of the font, style or background colour. It is left to the food business operator to choose the appropriate manner of differentiating the allergen concerned from the rest of the list of ingredients. However, some clarifications are needed concerning what information has to be emphasised.

16.

When the name of an ingredient consists of several separate words (e.g. ‘poudre de lait’, ‘latte in polvere’), it is sufficient to only emphasise the word that corresponds to the substance/product listed in Annex II. When the name of an ingredient includes the name of an allergen in a single word (e.g. the German word ‘Milchpulver’ for ‘milk powder’), it is sufficient to emphasise the part of the name of the ingredient that corresponds to the substance/product listed in Annex II.

17.

If a compound ingredient contains substances causing allergies or intolerances listed in Annex II, those substances have to be emphasised in the list of ingredients.

For example: in the case of banana filling containing egg yolks, strawberry, sugar, water, (…), the word ‘egg’ has to be emphasised. In the case of a sandwich with mayonnaise made of eggs, the presence of ‘eggs’ has to be emphasised.

3.2.   In the absence of a list of ingredients

18.

Article 21(1), second subparagraph provides that:

‘In the absence of a list of ingredients, the indication of the particulars referred to in point (c) of Article 9(1) shall comprise the word “contains” followed by the name of the substance or product as listed in Annex II.’

19.

In the case of foods exempted from the obligation to bear the list of ingredients (such as wine) but used as an ingredient in the manufacture or preparation of another food for which the list of ingredients is provided, the allergens present in that food have to be emphasised in order to distinguish them from the rest of the list of ingredients (Article 21(1) applies).

For example: ingredients: … wine (contains sulphites) where the word ‘sulphites’ is emphasised.

3.3.   Labelling of derivates from the same allergen

20.

Article 21(1), third subparagraph provides that:

‘Where several ingredients or processing aids of a food originate from a single substance or product listed in Annex II, the labelling shall make it clear for each ingredient or processing aid concerned.’

21.

For the purpose of this requirement, the reference to the substance(s) or product(s) listed in Annex II must not necessarily be repeated as many times as these substances are present. Any presentation making clear that different ingredients originate from a single substance or product included in Annex II, would fulfil the requirement and would be acceptable. The reference must, however, always be directly linked to the list of ingredients, e.g. by placing the referred information at the end of the list of ingredients or in close proximity to the list of ingredients.

For example:

A food including food additives, carriers and processing aids derived from wheat could be labelled as follows:

‘…

Additive (5)

Additive (1)

Carrier (1)

Processing aid (1)

(5)  From wheat (where “wheat” has to be emphasised).’"

3.4.   Exemption

22.

Article 21(1), last subparagraph provides that:

‘The indication of the particulars referred to in point (c) of Article 9(1) shall not be required in cases where the name of the food clearly refers to the substance or product concerned.’

23.

According to this requirement, where a food is sold under a name such as ‘cheese’, ‘cream’ which clearly refers to one of the allergens listed in Annex II (e.g. milk) and for which it is not required to bear a list of ingredients pursuant to Article 19(1), point (d) of the Regulation, the allergen in question does not have to be indicated on the label.

24.

However if such food is sold under a trade mark/brand name which as such does not clearly refer to one of the allergens of Annex II, the name concerned should be supplemented by additional information which provides the ‘clear reference’ to the allergen concerned as requested by Article 21(1), last subparagraph.

For example:

‘Ambert’ (as the name of the food) together with ‘farmhouse blue cheese’ (as additional text to the name of the food, displayed in close proximity to the name of the food), where cheese is the clear reference to the substance in Annex II.

As the consumer understanding of the name of the foods in question is likely to vary among Member States, an assessment on a case-by-case basis is necessary.

25.

If the name of the food clearly refers to one of the allergens listed in Annex II and that food provides a list of ingredients (no matter whether on a voluntary or mandatory basis), the allergen present in that food has to be emphasised in the list of ingredients.

For example: ‘Cheese (milk, salt, rennet, …)’ where milk is emphasised.

26.

In the case where the name of the food on a product clearly refers to a substance or product of Annex II but the product also contains other substances or products from Annex II, those allergens must be indicated to enable consumers to make informed food choices which are safe for them.

3.5.   Voluntary repetition

27.

Without prejudice to existing Union provisions applicable to specific foods (6), it is not possible to voluntarily repeat the allergen information outside the list of ingredients; or using the word ‘contains’ followed by the name of the substance or products listed in Annex II; or using symbols or text boxes (see Recital 47, Article 21(1) read in conjunction with Article 36(1) of the Regulation).

4.   Allergen information for non-prepacked foods

28.

Article 44 of Regulation (EU) No 1169/2011 states:

‘1.

Where foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where foods are packed on the sales premises at the consumer’s request or prepacked for direct sale:

(a)

the provision of the particulars specified in point (c) of Article 9(1) is mandatory;

(…)

2.

Member States may adopt national measures concerning the means through which the particulars or elements of those particulars specified in paragraph 1 are to be made available and, where appropriate, their form of expression and presentation.’

29.

The Regulation provides for mandatory allergen information for non-prepacked foods.

30.

Member States remain competent to adopt national provision on the means through which allergen information is to be made available on such foods. In principle all means of communication as regards the provision of allergen information, are allowed to enable the consumer to make an informed choice, e.g. a label, other accompanying material, or any other means including modern technology tools or verbal communication (i.e. verifiable oral information).

31.

In the absence of those national measures, the provisions of the Regulation concerning prepacked food are applicable to non-prepacked food. Accordingly, in accordance with Article 13 of the Regulation the information about allergens must be easily visible, clearly legible and, where appropriate, indelible and be provided in a written form. Therefore, it is not possible to provide allergen information only upon request by the consumer. Furthermore, the labelling requirements laid down in Article 21 of the Regulation apply (points 3-21 above).

5.   Updating of Annex II

32.

Article 21(2) of the Regulation states:

‘In order to ensure better information for consumers and to take account of the most recent scientific progress and technical knowledge, the Commission shall systematically re-examine and, where necessary, update the list in Annex II by means of delegated acts, in accordance with Article 51.

(…)’

33.

The update of the list in Annex II may consist in adding a substance to the list or removing a substance from that list. With regard to the deletion from the list of food allergens, Directive 2000/13/EC (7) had provided specific provisions according to which interested parties could submit to the Commission studies demonstrating that for certain allergens it has been scientifically established that it is impossible to cause adverse reactions. These specific provisions have not been maintained in the Regulation. This however does not prevent potentially interested parties to communicate to the Commission evidence establishing that products derived from substances listed in Annex II are not likely, under certain circumstances, to trigger adverse reactions in individuals.

34.

Such submissions may be prepared in accordance with the EFSA ‘Guidance on the preparation and presentation of applications pursuant to Article 6 paragraph 11 of Directive 2000/13/EC’ (8) and sent to the Commission in, at least, two copies on electronic support (CD’s or memory sticks) at the following address:

Directorate-General for Health and Food Safety, Unit E1

European Commission

1049 Bruxelles/Brussel

BELGIQUE/BELGIË


(1)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

(2)  Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ L 109, 6.5.2000, p. 29).

(3)  http://www.efsa.europa.eu/EFSA/Scientific_Opinion/opinion_nda_04_en1,1.pdf

(4)  Commission Implementing Regulation (EU) No 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food (OJ L 228, 31.7.2014, p. 5).

(6)  Such as provisions of Article 51(2) of Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).

(7)  See Article 6(11), second subparagraph of Directive 2000/13/EC.

(8)  EFSA Journal 2013;11(10):3417.


13.12.2017   

EN

Official Journal of the European Union

C 428/6


Non-opposition to a notified concentration

(Case M.8727 — CGE/EDPR/TrustWind/DGE/Repsol/WindPlus)

(Text with EEA relevance)

(2017/C 428/02)

On 5 December 2017, 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 32017M8727. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.12.2017   

EN

Official Journal of the European Union

C 428/6


Non-opposition to a notified concentration

(Case M.8612 — CZ/DT/Carl Zeiss Smart Optics)

(Text with EEA relevance)

(2017/C 428/03)

On 5 December 2017, 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 German language 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 32017M8612. EUR-Lex is the online access to the European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.12.2017   

EN

Official Journal of the European Union

C 428/7


Non-opposition to a notified concentration

(Case M.8615 — AXA/Unibail-Rodamco/Paunsdorf Center)

(Text with EEA relevance)

(2017/C 428/04)

On 14 November 2017, 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 32017M8615. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.12.2017   

EN

Official Journal of the European Union

C 428/7


Non-opposition to a notified concentration

(Case M.8478 — Zukunft Ventures/Gustav Magenwirth/Brake Force One/Unicorn Energy/JV)

(Text with EEA relevance)

(2017/C 428/05)

On 6 December 2017, 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 German language 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 32017M8478. EUR-Lex is the online access to the European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.12.2017   

EN

Official Journal of the European Union

C 428/8


Non-opposition to a notified concentration

(Case M.8711 — Macquarie/Oiltanking/Oiltanking Odfjell Terminal Singapore)

(Text with EEA relevance)

(2017/C 428/06)

On 5 December 2017, 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 32017M8711. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.12.2017   

EN

Official Journal of the European Union

C 428/8


Non-opposition to a notified concentration

(Case M.8700 — Engie/Omnes Capital/Prédica Prévoyance/Target)

(Text with EEA relevance)

(2017/C 428/07)

On 7 December 2017, 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 32017M8700. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.12.2017   

EN

Official Journal of the European Union

C 428/9


Non-opposition to a notified concentration

(Case M.8583 — Lufthansa Technik/Pepperl+Fuchs/JV)

(Text with EEA relevance)

(2017/C 428/08)

On 7 December 2017, 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 German language 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 32017M8583. EUR-Lex is the online access to the European law.


(1)  OJ L 24, 29.1.2004, p. 1.


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament Council European Commission

13.12.2017   

EN

Official Journal of the European Union

C 428/10


Interinstitutional Proclamation on the European Pillar of Social Rights

(2017/C 428/09)

The European Parliament, the Council and the Commission solemnly proclaim the following text as the European Pillar of Social Rights

EUROPEAN PILLAR OF SOCIAL RIGHTS

Preamble

(1)

Pursuant to Article 3 of the Treaty on European Union, the aims of the Union are, inter alia, to promote the well-being of its peoples and to work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. The Union shall combat social exclusion and discrimination, promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.

(2)

Pursuant to Article 9 of the Treaty on the Functioning of the European Union, the Union, in defining and implementing its policies and activities, shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education, training and protection of human health.

(3)

Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.

(4)

Article 152 of the Treaty on the Functioning of the European Union provides that the Union recognises and promotes the role of the social partners at its level, taking into account the diversity of the national systems. It is to facilitate dialogue between them and respect their autonomy.

(5)

The Charter of Fundamental Rights of the European Union, first proclaimed at the Nice European Council on 7 December 2000, safeguards and promotes a number of fundamental principles that are essential for the European social model. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law.

(6)

The Treaty on the Functioning of the European Union contains provisions laying down the powers of the Union relating, inter alia, to the freedom of movement of workers (Articles 45 to 48), the right of establishment (Articles 49 to 55), social policy (Articles 151 to 161), the promotion of dialogue between management and labour (Article 154), including agreements concluded and implemented at Union level (Article 155), equal pay for men and women for equal work (Article 157), the contribution to the development of quality education and vocational training (Articles 165 and 166), Union action complementing national policies and fostering cooperation in the field of health (Article 168), economic, social and territorial cohesion (Articles 174 to 178), the formulation, and the surveillance of the implementation, of the broad guidelines of the economic policies (Article 121), the formulation, and the examination of the implementation of the employment guidelines (Article 148) and more generally, the approximation of legislation (Articles 114 to 117).

(7)

The European Parliament has called for a solid European Pillar of Social Rights to reinforce social rights and deliver a positive impact on people’s lives in the short and medium term and enable support for European construction in the 21st century (1). Leaders of 27 Member States have stressed that economic and social insecurity needs to be addressed as a matter of priority and called for the creation of a promising economic future for all, safeguards for our way of life and the provision of better opportunities for youth (2). The leaders of 27 Member States and of the European Council, the European Parliament and the European Commission made a commitment to work towards a social Europe in the Rome agenda. That commitment is based on the principles of sustainable growth and the promotion of economic and social progress, as well as cohesion and convergence, while upholding the integrity of the internal market; a Union taking into account the diversity of national systems and the key role of social partners; a Union which promotes equality between women and men as well as rights and equal opportunities for all; a Union which fights unemployment, discrimination, social exclusion and poverty; a Union where young people receive the best education and training and can study and find jobs across the continent; a Union which preserves our cultural heritage and promotes cultural diversity (3). The social partners have committed to continue contributing to a Europe that delivers for its workers and enterprises (4).

(8)

The completion of the European single market in the last decades has been accompanied by the development of a solid social acquis which has resulted in progress in the freedom of movement, living and working conditions, equality between women and men, health and safety at work, social protection and education and training. The introduction of the euro has provided the Union with a stable common currency shared by 340 million citizens in 19 Member States, facilitating their daily lives and protecting them against financial instability. The Union has also enlarged significantly, increasing economic opportunities and promoting social progress across the continent.

(9)

Labour markets and societies are evolving quickly, with new opportunities and new challenges arising from globalisation, the digital revolution, changing work patterns and societal and demographic developments. Challenges, such as significant inequality, long-term and youth unemployment or intergenerational solidarity, are often similar across Member States although in varying degrees.

(10)

Europe has shown its resolve to overcome the financial and economic crisis, and as a result of determined action, the Union economy is now more stable, with employment levels at an unprecedented high and a steady fall in unemployment. However, the social consequences of the crisis have been far-reaching — from youth and long-term unemployment to the risk of poverty — and addressing those consequences remains an urgent priority.

(11)

To a large extent, the employment and social challenges facing Europe are a result of relatively modest growth, which is rooted in untapped potential in terms of participation in employment and productivity. Economic and social progress are intertwined, and the establishment of a European Pillar of Social Rights should be part of wider efforts to build a more inclusive and sustainable growth model by improving Europe’s competitiveness and making it a better place to invest, create jobs and foster social cohesion.

(12)

The aim of the European Pillar of Social Rights is to serve as a guide towards efficient employment and social outcomes when responding to current and future challenges which are directly aimed at fulfilling people’s essential needs, and towards ensuring better enactment and implementation of social rights.

(13)

A stronger focus on employment and social performance is particularly important to increase resilience and deepen the Economic and Monetary Union. For this reason, the European Pillar of Social Rights is notably conceived for the euro area but it is addressed to all Member States.

(14)

The European Pillar of Social Rights expresses principles and rights essential for fair and well-functioning labour markets and welfare systems in 21st century Europe. It reaffirms some of the rights already present in the Union acquis. It adds new principles which address the challenges arising from societal, technological and economic developments. For them to be legally enforceable, the principles and rights first require dedicated measures or legislation to be adopted at the appropriate level.

(15)

The principles enshrined in the European Pillar of Social Rights concern Union citizens and third-country nationals with legal residence. Where a principle refers to workers, it concerns all persons in employment, regardless of their employment status, modality and duration.

(16)

The European Pillar of Social Rights shall not prevent Member States or their social partners from establishing more ambitious social standards. In particular, nothing in the European Pillar of Social Rights shall be interpreted as restricting or adversely affecting rights and principles as recognised, in their respective fields of application, by Union law or international law and by international agreements to which the Union or all the Member States are party, including the European Social Charter signed at Turin on 18 October 1961 and the relevant Conventions and Recommendations of the International Labour Organisation.

(17)

Delivering on the European Pillar of Social Rights is a shared political commitment and responsibility. The European Pillar of Social Rights should be implemented at both Union level and Member State level within their respective competences, taking due account of different socioeconomic environments and the diversity of national systems, including the role of social partners, and in accordance with the principles of subsidiarity and proportionality.

(18)

At Union level, the European Pillar of Social Rights does not entail an extension of the Union’s powers and tasks as conferred by the Treaties. It should be implemented within the limits of those powers.

(19)

The European Pillar of Social Rights respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels. In particular, the establishment of the European Pillar of Social Rights does not affect the right of Member States to define the fundamental principles of their social security systems and manage their public finances, and must not significantly affect the financial equilibrium thereof.

(20)

Social dialogue plays a central role in reinforcing social rights and enhancing sustainable and inclusive growth. Social partners at all levels have a crucial role to play in pursuing and implementing the European Pillar of Social Rights, in accordance with their autonomy in negotiating and concluding agreements and the right to collective bargaining and collective action.

European Pillar of Social Rights

CHAPTER I

EQUAL OPPORTUNITIES AND ACCESS TO THE LABOUR MARKET

1.   Education, training and life-long learning

Everyone has the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market.

2.   Gender equality

a.

Equality of treatment and opportunities between women and men must be ensured and fostered in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression.

b.

Women and men have the right to equal pay for work of equal value.

3.   Equal opportunities

Regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities regarding employment, social protection, education, and access to goods and services available to the public. Equal opportunities of under-represented groups shall be fostered.

4.   Active support to employment

a.

Everyone has the right to timely and tailor-made assistance to improve employment or self-employment prospects. This includes the right to receive support for job search, training and re-qualification. Everyone has the right to transfer social protection and training entitlements during professional transitions.

b.

Young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing within 4 months of becoming unemployed or leaving education.

c.

People unemployed have the right to personalised, continuous and consistent support. The long-term unemployed have the right to an in-depth individual assessment at the latest at 18 months of unemployment.

CHAPTER II

FAIR WORKING CONDITIONS

5.   Secure and adaptable employment

a.

Regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training. The transition towards open-ended forms of employment shall be fostered.

b.

In accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context shall be ensured.

c.

Innovative forms of work that ensure quality working conditions shall be fostered. Entrepreneurship and self-employment shall be encouraged. Occupational mobility shall be facilitated.

d.

Employment relationships that lead to precarious working conditions shall be prevented, including by prohibiting abuse of atypical contracts. Any probation period should be of reasonable duration.

6.   Wages

a.

Workers have the right to fair wages that provide for a decent standard of living.

b.

Adequate minimum wages shall be ensured, in a way that provide for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. In-work poverty shall be prevented.

c.

All wages shall be set in a transparent and predictable way according to national practices and respecting the autonomy of the social partners.

7.   Information about employment conditions and protection in case of dismissals

a.

Workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on probation period.

b.

Prior to any dismissal, workers have the right to be informed of the reasons and be granted a reasonable period of notice. They have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.

8.   Social dialogue and involvement of workers

a.

The social partners shall be consulted on the design and implementation of economic, employment and social policies according to national practices. They shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action. Where appropriate, agreements concluded between the social partners shall be implemented at the level of the Union and its Member States.

b.

Workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies.

c.

Support for increased capacity of social partners to promote social dialogue shall be encouraged.

9.   Work-life balance

Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.

10.   Healthy, safe and well-adapted work environment and data protection

a.

Workers have the right to a high level of protection of their health and safety at work.

b.

Workers have the right to a working environment adapted to their professional needs and which enables them to prolong their participation in the labour market.

c.

Workers have the right to have their personal data protected in the employment context.

CHAPTER III

SOCIAL PROTECTION AND INCLUSION

11.   Childcare and support to children

a.

Children have the right to affordable early childhood education and care of good quality.

b.

Children have the right to protection from poverty. Children from disadvantaged backgrounds have the right to specific measures to enhance equal opportunities.

12.   Social protection

Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.

13.   Unemployment benefits

The unemployed have the right to adequate activation support from public employment services to (re)integrate in the labour market and adequate unemployment benefits of reasonable duration, in line with their contributions and national eligibility rules. Such benefits shall not constitute a disincentive for a quick return to employment.

14.   Minimum income

Everyone lacking sufficient resources has the right to adequate minimum income benefits ensuring a life in dignity at all stages of life, and effective access to enabling goods and services. For those who can work, minimum income benefits should be combined with incentives to (re)integrate into the labour market.

15.   Old-age income and pensions

a.

Workers and the self-employed in retirement have the right to a pension commensurate to their contributions and ensuring an adequate income. Women and men shall have equal opportunities to acquire pension rights.

b.

Everyone in old age has the right to resources that ensure living in dignity.

16.   Healthcare

Everyone has the right to timely access to affordable, preventive and curative healthcare of good quality.

17.   Inclusion of people with disabilities

People with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, and a work environment adapted to their needs.

18.   Long-term care

Everyone has the right to affordable long-term care services of good quality, in particular home-care and community-based services.

19.   Housing and assistance for the homeless

a.

Access to social housing or housing assistance of good quality shall be provided for those in need.

b.

Vulnerable people have the right to appropriate assistance and protection against forced eviction.

c.

Adequate shelter and services shall be provided to the homeless in order to promote their social inclusion.

20.   Access to essential services

Everyone has the right to access essential services of good quality, including water, sanitation, energy, transport, financial services and digital communications. Support for access to such services shall be available for those in need.


(1)  European Parliament resolution of 19 January 2017 on a European Pillar of Social Rights (2016/2095(INI)).

(2)  The Bratislava Declaration of 16 September 2016.

(3)  The Rome Declaration of 25 March 2017.

(4)  Joint statement of the social partners of 24 March 2017.


European Commission

13.12.2017   

EN

Official Journal of the European Union

C 428/16


Euro exchange rates (1)

12 December 2017

(2017/C 428/10)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,1766

JPY

Japanese yen

133,54

DKK

Danish krone

7,4423

GBP

Pound sterling

0,88068

SEK

Swedish krona

9,9328

CHF

Swiss franc

1,1671

ISK

Iceland króna

 

NOK

Norwegian krone

9,8245

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,596

HUF

Hungarian forint

314,33

PLN

Polish zloty

4,2044

RON

Romanian leu

4,6335

TRY

Turkish lira

4,5040

AUD

Australian dollar

1,5541

CAD

Canadian dollar

1,5098

HKD

Hong Kong dollar

9,1848

NZD

New Zealand dollar

1,6956

SGD

Singapore dollar

1,5901

KRW

South Korean won

1 281,27

ZAR

South African rand

16,0156

CNY

Chinese yuan renminbi

7,7875

HRK

Croatian kuna

7,5395

IDR

Indonesian rupiah

16 004,41

MYR

Malaysian ringgit

4,7860

PHP

Philippine peso

59,377

RUB

Russian rouble

69,2925

THB

Thai baht

38,369

BRL

Brazilian real

3,9051

MXN

Mexican peso

22,4566

INR

Indian rupee

75,7700


(1)  Source: reference exchange rate published by the ECB.


Authority for European Political Parties and European Political Foundations

13.12.2017   

EN

Official Journal of the European Union

C 428/17


Decision of the Authority for European political parties and European political foundations

of 7 August 2017

to register Party of the European Left

(Only the English text is authentic)

(2017/C 428/11)

THE AUTHORITY FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), in particular Article 9 thereof,

Having regard to the application received from Party of the European Left,

Whereas:

(1)

The Authority for European political parties and European political foundations (‘Authority’) received an application for registration as a European political party under Article 8(1) of Regulation (EU, Euratom) No 1141/2014 from Party of the European Left (the ‘applicant’) on 6 July 2017 and revised versions of part of that application on 11 July, 14 July, 18 July, 25 July, 27 July and 3 August 2017.

(2)

The applicant submitted documents proving that it satisfies the conditions laid down in Article 3 of Regulation (EU, Euratom) No 1141/2014, the declaration in the form set out in the Annex to that Regulation, and the statutes of the applicant, containing the provisions required by Article 4 of that Regulation,

(3)

The application is further supported by a statement by notary Valérie Bruyaux pursuant to Article 15(2) of Regulation (EU, Euratom) No 1141/2014 certifying that the applicant has its seat in Belgium and that the applicant’s statutes are in conformity with the relevant provisions of national law,

(4)

The applicant submitted additional documents in accordance with Articles 1 and 2 of Commission Delegated Regulation (EU, Euratom) 2015/2401 (2),

(5)

Pursuant to Article 9 of Regulation (EU, Euratom) No 1141/2014, the Authority has examined the application and supporting documentation submitted and considers that the applicant satisfies the conditions for registration laid down in Article 3 of that Regulation and that the statutes contain the provisions required by Article 4 of that Regulation,

HAS ADOPTED THIS DECISION:

Article 1

Party of the European Left is hereby registered as a European political party.

It shall acquire European legal personality on the date of the publication of this Decision in the Official Journal of the European Union.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to

Party of the European Left

Square de Meeûs 25

1000 Bruxelles/Brussel

BELGIQUE/BELGIË

Done at Brussels, 7 August 2017.

For the Authority for European political parties and European political foundations

The Director

M. ADAM


(1)  OJ L 317, 4.11.2014, p. 1.

(2)  Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (OJ L 333, 19.12.2015, p. 50).


ANNEX

Image

Statutes of the Party of European Left

The non-profit association for which these statutes are written up was founded on 01 July 2004 by:

 

Bertinotti Fausto, viale Regina Margherita 151 Rome (Italy), born on 22/03/1940 in Milan (Italy)

 

Marset Campos Pedro, calle Princesa 3 Murcia (Spain), born on 11/09/1941 in Valencia (Spain)

 

Scholz Helmut, Regensburger straße 21 15738 Zeuthen, (Germany), born in Berlin on 21/06/1954

 

Frutos Grass Francisco, Avenida Albufera 69 Madrid (Spain), born on 25/01/1939 in Barcelona (Spain)

 

Núňez José Luis, Calle Alustante 6 Madrid (Spain), born on 18/09/1940 in Ourense (Spain)

 

Della Valle Gian Luca, Via del Notario 3 San Marino, born on 01/04/1968 in San Marino

 

Pappas Stylianos, L Manolipi 139 Kesariani Athens (Greece), born on 09/03/1945 in Lamia (Greece)

 

Losa Myriam. Avenue victor rousseau 58 1190 Brussels, born on 07/07/1967 in Brussels (Belgium)

 

Giaculli Paola, Via Gi Mercuriale 14 Rome (Italy), born on 16/08/1961 in Empou (Italy)

 

Migliore Gennaro, Via Castagna Coop. vette F 51 800026 casoria (Italy), born on 21/06/1968 in Naples (Italy)

 

Mascia Graziella, Via Imperia 19 Milan (Italy), born on 03/09/1953 in Magenta (Italy)

 

Schubert Katina, Siegweg 22 Bonn 5 (Germany), born on 28/12/1961 in Heildeberg (Germany)

 

Gehrcke Wolfgang, Ryke straße 39 Berlin (Germany), born on 08/09/1943 in Reichan (Germany)

 

Gohde Claudia, Diefknbachstraße 584 Berlin (Germany), born on 11/09/1958 in rotemburg (Germany)

 

Polycarpou Vera, Ezekias Papaioannou 4 Nicosia (Cyprus), born in Afoula (Israel)

 

Theodorakopoulou Anastasia, Agathoupoleos 49 Athens (Greece), born on 01/10/1954 in Athens (Greece)

 

Balaure Cornel Florin, Vd Mihai Bravu 6 Bucharest (Romania), born on 17/10/1952 in Bucharest (Romania)

 

Cretu constantin, Chilia Veche 8 Bucharest (Romania), born on 17/10/1949 in Valea (Romania)

 

Fritz-Klackl Waltraud, Hintere Zollamtstraße, 11/7 Vienna (Austria)

 

Meyer Pleite Willy, Dehesa de Pagollano 11550 Chipiona Cadiz (Spain), born on 19/08/1952 in Madrid

 

Garnier Gilles, Rue de Merlan 28 93130 Noisy le Sec (France), born on 11/02/1959 in Paris (France)

Founding members of the European Left as member organisations were:

 

Communist Party of Austria

 

Party of Democratic Socialism, Czech Republic

 

Estonian Social-Democratic Labour Party,

 

French Communist Party, France

 

Party of Democratic Socialism, Germany

 

Coalition of the Left, the Progress and the Movements — Synaspismos, Greece

 

Workers-Party, Hungary

 

Communist Refoundation Party, Italy

 

Socialist Alliance Party, Romania

 

Communist Refoundation, San Marino

 

Communist Party of Slovakia

 

Communist Party of Spain

 

United Alternative Left of Catalonia, Spain

 

United Left, Spain

 

Swiss Party of Labour, Switzerland.

The association was registered under legal person number 866441216.

The undersigned, representing the Association, and in accordance with the decision of the General Assembly held in Brussels (24 June 2017) and the Congress held in Berlin (16-18 December 2016), are presenting the amendment of the Statute as follows:

Statute

Statute of the Party of the European Left

(Full text of the Statute, as it was adopted at the Founding Congress of the European Left in Rome, May 9, 2004, with the amendments approved by the 2nd Congress in Prague, November 2007, by the 3rd Congress in Paris, December 5, 2010, by the 4th Congress in Madrid, December 14, 2013, by the 5th Congress in Berlin, December 18, 2016, and by the General Assembly meeting in Brussels, June 24, 2017.)

1.   General Provisions, Name, Seat and Term

Article 1

Preamble

The ‘Party of the European Left’, abbreviated here to ‘European Left’ (EL) is a flexible, decentralised association of independent and sovereign European left-wing parties and political organizations which works on the basis of consensus.

We unite democratic parties of the alternative and progressive Left on the European continent that strive for the consistent transformation of today's social relationships into a peaceful and socially just society on the basis of the diversity of our situations, our histories and our common values.

Therefore we refer to the values and traditions of the socialist, communist and labour movement, of feminism, the feminist movement and gender equality, of the environmental movement and sustainable development, of peace and international solidarity, of human rights, humanism and antifascism, of progressive and liberal thinking, both nationally and internationally. We work together in the tradition of the struggles against capitalist exploitation, ecological destruction, political oppression and criminal wars, against fascism and dictatorship, in resistance to patriarchal domination and discrimination against ‘others’.

We defend this legacy of our movement which inspired and contributed to securing the social certainties of millions of people. We keep the memory of these struggles alive including the sacrifices and the sufferings in the course of these struggles. We do this in unreserved disputation with undemocratic, Stalinist practices and crimes, which were in absolute contradiction to socialist and communist ideals.

The political and economic developments in the capitalist societies at the beginning of the 21st century create the necessity and the possibility for parties of the Left, for democratic movements and alternative social forces, when working out and realising social alternatives not only to take into account all aspects of globalisation and internationalisation. Europe as a new space for the integration of more and more countries in East and West, in North and South is both an opportunity and a challenge to regain the political initiative for Left forces. We want and have to most closely combine our work on this political level with the social activities of members and sympathizers of the party organisations within the communities, regions and nation states.

We are doing it in sharp rejection of and developing an alternative to capitalism and to the financial hegemonic groups with its worldwide attempts of pushing through neo-liberal policies into the daily life of the peoples by the so-called political and economic elites.

And we want and have to do so being not a force free of contradictions, having differing views on many issues. But we are united in resisting political incapacitation and taking part in common struggles for an alternative that has freedom, equality, justice and solidarity as its goals.

With this international approach we declare:

The Left is willing to take on responsibility in Europe and the world for the shaping of our societies, to work out political alternatives, to promote them among the public and to win the required majorities.

Liberal internationalisation and globalisation are no phenomena of nature but the result of political developments and decisions. Therefore we stand consequently against the neo-liberal policy of dealing with these challenges, against war and militarization. Just now courage and confidence must be given to the people that the world is not a commodity, that a new world of peace, democracy, sustainability and solidarity is possible.

Article 2

Name and seat

The non-profit organization uses the name ‘Party of the European Left’, or in its abbreviated form ‘European Left’ (EL). The name is always preceded or followed by the wording ‘Association sans but lucratif’ or acronym ‘ASBL’, indicating that it is founded in conformity with the Belgian law (‘Loi sur les associations sans but lucrative, les associations internationals sans but lucrative et les fondations’; hereinafter referred to as ‘the Law’ or ‘the Belgian law’) and that it does not pursue any profit goals. The party of the EL gets an official name in each of the official languages of the European Union as well as in the official languages of the states where EL member parties exist.

The names are:

 

‘Partit de L 'Esquerra Europea’ or ‘Esquerra Europea’ or ‘EE’ in Catalonian

 

‘Strana evropské levice’ or ‘Evropská levice’ or ‘EL’ in Czech

 

‘Party of the European Left’ or ‘European Left’ or ‘EL’ in English

 

‘Euroopa Vasakpartei’ or ‘Euroopa Vasak’ or ‘EV’ in Estonian

 

‘Parti de la Gauche Européenne’ or ‘Gauche Européenne’ or ‘GE’ in French

 

‘Partei der Europäischen Linken’ or ‘Europäische Linke’ or ‘EL’ in German

 

‘Κόμμα της Ευρωπαϊκής Αριστεράς’ or ‘Ευρωπαϊκή Αριστερά’ or ‘EA’ in Greek

 

‘Európai Baloldali Párt’ or ‘Európai Bal’ or ‘EB’ in Hungarian

 

‘Partito della Sinistra Europea’ or ‘Sinistra Europea’ or ‘SE’ in Italian

 

‘Partido da Esquerda Europeia’ or ‘Esquerda Europeia’ or ‘EE’ in Portuguese

 

‘Partidul Stîngii Europene’ or ‘Stînga Europeana’ or ‘SE’ in Romanian

 

‘Európska ľavicová strana’ or ‘Európska ľavica’ or ‘EĽ’ in Slovakian

 

‘Partido de la Izquierda Europea’ or ‘Izquierda Europea’ or ‘IE’ in Spanish

 

‘Partidul Stîngii Europene’ or ‘Stînga Europeana’ or ‘SE’ in Moldovan respectively in Romanian languages,

 

‘Avrupa Sol Partisi’ or ‘Avrupa Sol’ or ‘ASP’ in Turkish language,

 

‘Партыя Eўрaпейскіх лeвых’ or ‘Eўрaпейскія лeвыя’ or ‘EЛ’ in Belarusian language,

 

‘Europese Linkspartij’ or ‘Europees Links’ or ‘EL’ in Vlamish language,

 

‘Европейската лява партия’ or ‘Европейската левица’ or ‘ЕЛ’ in Bulgarian language,

 

‘Euroopan vasemmistopuolue’ or ‘Euroopan vasemmisto’ or ‘EV’ in Finnish language,

 

‘Europæisk Venstreparti’ or ‘Europæisk Venstre’ or ‘EV’ in Danish language,

 

‘Stranka evropske levice’ or ‘Evropska levica’ or ‘EL’ in Slovenian language,

 

‘Europeiska vänsterpartiet’ or ‘Europeiska vänstern’ or ‘EV’ in Swedish language.

The juridical seat of the EL is in 1000 Brussels, the head-office is located in Square de Meeus, 25, in the Brussels judicial region, and might be moved to another place in Belgium after decision by the Executive board.

Article 3

Term

The association is created for an undetermined term.

2.   Aims

Article 4

The EL aims to:

contribute to common political action of the democratic and alternative Left in EU Member States as well as on the European level;

promote the social, emancipatory, ecological, peace-loving as well as democratic and progressive thinking and acting of the parties, their members and sympathisers, and therefore to reinforce the parties' actions to develop emancipatory, democratic, peace, social, ecological and sustainable policies which is essential to transform the societies and to overcome today's capitalism;

use democratic forms to struggle for overcoming contemporary capitalist relations;

consolidate the cooperation of the parties and political organisations at all levels;

promote the confrontation of their analyses and the coordination of their orientations at the European level;

cooperate with other political organisations at European level pursuing similar targets;

promote a ‘European public relations work’ that actively supports the development of a European identity according to our values and aims;

cooperate in the preparation of the European elections and in referenda in the European scale, in full compliance with limitations laid down in the Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council, in particular with the articles 21, 22 (hereinafter called ‘Regulation (EC) No 1141/2014’);

initiate, prepare and support Europe-wide initiatives of the EL and its parties — together with other parties, party-networks and NGOs (acting in full compliance with the above-mentioned Regulation (EC) No 1141/2014);

all decisions concerning choices and attitudes of EL member parties or political organizations in their own countries remain strictly under the sovereignty of national parties.

The EL supports fully gender equality in all areas of daily life. Feminism, gender-mainstreaming and gender-democracy are basic principles for the functioning and development of the EL.

3.   Membership

Article 5

Founding members of the EL are socialist, communist, red-green and other democratic left parties of the Member States and associated states of the European Union (EU) who are working together and establishing various forms of cooperation at all levels of political activity in Europe based on the agreements, basic principles and political aims laid down in its political programme (manifesto). Agreement on the European Left's Statutes is prerequisite for membership to the Party of the European Left.

Membership to the EL is open to any left party and political organisation in Europe that agrees with the aims and principles of the political programme (manifesto) and accepts these statutes. Their membership is granted by decision of the members.

Other parties and political organisations may apply for observer status or might be invited by the members to become observers to the EL.

Number of member parties is unlimited, but the minimum number of full members is three. Should the number fall below this threshold, the Association is obliged to start procedures for its dissolution.

Article 6

The European Left consists of:

Member parties and political organizations with full rights;

Observer parties or political organizations;

Individual members;

EL partners.

Article 6bis

List of actual members

The member parties of European Left are:

Bulgarian Left, Bulgaria,

Communist Party of Austria (KPÖ),

Communist Party of Finland (SKP), Finland,

Communist Party of Spain (PCE),

Communist Refoundation Party (PRC), Italy,

Dei LENK (dL), Luxembourg,

Die LINKE, Germany,

Estonian United Left Party (EÜVP), Estonia,

Freedom and Solidarity Party (ODP), Turkey,

French Communist Party (PCF), France,

Initiative for Democratic Socialism (IDS), Slovenia,

Left Alliance, Finland,

Left Bloc (BE), Portugal,

Left Party (PG), France,

Partie Communiste Wallonie-Bruxelles (PCWB), Belgium,

Party of Communists of Republic of Moldova (PCRM), Moldova,

Party of Democratic Socialism (SDS), Czech Republic,

Party of Ecosocialism and Sustainable Development of Slovenia (TRS),

Red-Green Alliance (RGA), Denmark,

Romanian Socialist Party (RSP), Romania,

Swiss Party of Labour (PST/POP/PDA), Switzerland,

SYRIZA, Greece,

The Belarusian Party of the Left ‘Fair World’ (Fair World), Belarus,

United Alternative Left of Catalonia (EUiA), Spain,

United Left (IU), Spain,

Workers-Party 2006 (WP 2006), Hungary.

The observer parties of European Left are:

AKEL, Cyprus,

Altra Europa con Tsipras (AET), Italy,

Communist Party of Bohemia and Moravia (CPBM), Czech Republic,

Communist Party of Slovakia, Slovakia,

Left Unity, United Kingdom,

New Cyprus Party (YKP), Cyprus,

United Cyprus Party (BKP), Cyprus,

VEGA, Belgium,

EL- Partners

Balpárt, Hungary,

Der Wandel, Austria,

Ensemble (E!-FdG), France,

Article 7

New members, admission and suspension

(1)

A member party or political organisation of the EL with full rights and duties can become any left party or political organisation that is represented in the European Parliament, or in the National parliaments or in the Parliaments of regions resp. in regional assemblies within the EU member-states.

In EU Member States with no regional level it will be sufficient for a party or political organisation to have representatives on the municipal level, if a municipal parliament represents at least 20 percent of the country's population.

Parties or political organisations, coming from EU Member States or non-EU-Member States, can become members of the European Left with full rights, irrespectively if they have parliamentarian representation on different levels.

(2)

Membership in the EL does not prohibit the membership in other associations, including outside the European Union if their acting is not contrary to the aims and principles of the EL. The structure of the EL allows political organisations which are politically close to the EL to take part in its activities in a flexible manner. If desirable for both sides, EL can establish a cooperation protocol for this purpose, and the respective organisations are entitled the designation ‘EL partner’. The main criterion here is the political consent with the basic positions of the EL; the decision-making process inside the EL on this issue follows the rules for decision about membership issues.

(3)

Applications for membership in the EL are discussed and decided by the Council of Chairpersons on a basis of proposals from the Executive board, and ratified by the General Assembly on suggestion of the Executive board on the basis of the application, the rules and political programme presented by the applicant. The decision by the Council of Chairpersons has to be based on consensus.

(4)

The temporary/provisional suspension from participation in activities, or the cancellation of membership in the EL in case a member party or political organisation seriously violates statutes and political aims are carried out through the same procedures as the admittance.

(5)

The applications for observer status is decided in the same way, except for the need of ratification. Observer parties or political organisations take part in the meetings, to which they are invited, as consultants. They can make proposals to the Executive board for examination and decision making.

(6)

Member parties or political organisations that want to leave the EL have to declare this officially; the same procedure applies to observers and individual members.

Article 8

Individual members

The EL introduces the opportunity of individual membership as a contribution to its future development. In countries where full-right member parties or political organizations exist each member party or political organization is free to decide to carry out this opportunity and to adopt — for its own country — the most convenient approach and practical methods. According to that approach women and men residents of an EU Member State can become individual members of the EL. In countries where full-right member parties or political organizations exist they can form friendship circles associated to these parties of the European Left. Citizens of other European countries associated to the EU can also apply for individual membership. They can join or create a national group of individual members applying for observer status in the EL.

Article 9

Political foundation

The political foundation on European level Transform!Europe is affiliated to the EL.

Article 10

Rights and duties of the member and observer parties

The full members (Member Parties) exercise the rights assigned by law, namely:

the right to access the decisions taken by the General Assembly, by the Executive Board and by all other organs of the EL, the accounting records and the list of members;

the right to convene the extraordinary General Assembly on condition that at least one fifth of members request this;

the right to propose an item on the agenda on condition that the proposal is signed by a number of members equal at least to one twentieth;

the right to participate in the General Assembly and in the Congress or to be represented there;

the right to vote at the General Assembly and in the Congress;

the right to a specific procedure in the case of expulsion;

the right to request dissolution or liquidation of the Association should it seriously contravene its statutes or the law or public order;

the right to call for an act of the Association to be invalidated;

the right to request the court of first instance to decide the mandate of the liquidators;

the right to initiate proceedings before a court of first instance against the decisions of the liquidators in relation to the use of assets insofar as the statutes so allow;

the right to withdraw from the Association.

In addition, full members have the following rights:

right of participation in the meetings and voting about all issues;

right of initiative in proposing the documents and positions of the EL Party;

right of proposing common activities of the Party.

The Observer Parties and Individual Members have the same rights except for the right of voting. The same applies to the EL Partners.

The Member Parties have following duties:

duty to observe the valid documents (Statute, programmatic documents) of the EL Party;

duty of paying Membership fees;

duty to be in contact with the leading organs of the Party.

The Observer Parties and Individual Members have the same duties except the duty of Membership fee payment.

4.   The organs of the EL and the decision-making process

Article 11

The European Left has the following organs:

the Congress;

the General Assembly;

the Council of Chairpersons;

the Executive board;

the Presidency;

the Political Secretariat.

Mode of work

Article 12

The work of the EL organs has to be performed openly and transparently, all political documents adopted are to be published. The EL documents and materials are supplied to all member parties and political organisations. Personal data can only be made public when the Belgian law and/or regulations by the European or Belgian authorities stipulate to do so.

For the concrete mode of work of all bodies as well as regulations concerning the decision-making process rules of procedures have to be worked out and to be adopted by these organs on proposal of the council of chairpersons.

Respecting the values of gender democracy the share of women in all organs (except the Council of Chairpersons) must be 50 %.

Being a pluralistic association, proceedings of the EL have to be chosen that guarantee the rights of different sensitivities.

Article 13

The EL is striving to cooperate closely with parliamentarian groups of the Left in other European bodies and networks.

The EL will establish forms of cooperation with youth organisations of the European Left — both representing national or regional organisations as well as European structures and other international networks.

The Congress

Article 14

The Congress has all powers of the General Assembly, in addition to that it

elects the EL chairperson and Vice-chairperson/s on the basis of a proposal by the Council of Chairpersons following a rotation principle;

elects the treasurer on the basis of a proposal by the Executive board;

elects the Executive board consisting of two members of each party in accordance to the nomination by each respective member party;

elects at least three and odd auditors.

Article 15

The Congress shall hold at least one session every three calendar years. It is convened by the Executive board, which can also decide on convening an extraordinary congress. In the year, when the Congress is convened, it fullfils also the duties of General Assembly.

The Congress takes place alternately in different Member States of the European Union or in European states where EL member parties or political organisations exist.

A Congress can be convened at the request of at least 25 % of its delegates.

Article 16

The Congress consists of:

12 delegates of each Member party, who have the voting rights. The key for the number of delegates might be changed by every Congress for the next Congress.

The delegates are elected by their parties with respect to the gender equality, i.e. with at least 50 % of women.

Parties do not have to use the full number of delegates.

The Congress can only take decisions if at least half of the members are present or represented, its decisions are taken by the majority of delegates present at its session. Delegates, representing the Member Parties, have full voting rights, each delegate one vote. The proposals it decides upon have to be based on the principle of consensus as stipulated by Article 1 (preamble) of this Statute.

All other participants are observers without the right to vote: i.e.:

Representatives of the observer parties resp. organisations;

Members of the Executive board, not being delegates;

Invitees and guests, including members of the Parliamentarian groups of Left parties in the European Parliament, the National Parliaments or in other European bodies resp. networks

Article 17

In addition, the Executive board is permitted to invite representatives of other parties or organisations to the Congress.

The Council of Chairpersons

Article 18

The Council of Chairpersons is meeting at least once a year.

Members are:

the Chairpersons of all member parties

the EL Chairperson and Vice-chairperson/s

The Council of Chairpersons can invite other representatives of EL bodies or from EL member parties resp. political organisations to participate in its meeting.

Article 19

The Council of Chairpersons has, with regards to the Executive board, the rights of initiative and of having objection on important political issues.

The Council of Chairpersons adopts resolutions and recommendations that are passed to the Executive board and the Congress.

The Council of chairpersons decides about applications for EL membership.

The decisions of the Council of Chairpersons are adopted by majority of the members present with the respect for the consensus principle (Art. 1 of this Statute); it can only take decisions if at least half of the members are present or represented.

The Executive board

Article 20

The Executive board consists of:

the Chairperson and Vice-chairperson/s

the Treasurer

further Members elected on the basis of a key of two persons from each member party by the Congress at a gender-quoted basis.

Article 21

Executive board meetings take place at least two times a year.

The convening of a meeting of the Executive board can also be asked for by a member party or political organization.

It can only take decisions if the majority of members are present or represented. Its decisions are taken by majority of the members present or represented, with the chairperson or his/her replacement having the casting vote, should the vote be tied.

Article 22

The Executive board carries out the decisions on the basis and orientations of the Congress and General Assembly and in accordance with the Council of Chairpersons

The Executive board is responsible for organizing the daily work of the EL. It is responsible for the creation, composition and functioning of the Political Secretariat. The Executive board has to adopt the rules of its own work, as well as the rules of the work of the Secretariat.

It determines the political guidelines of the EL between the General Assembly meetings. It proposes, plans and convenes political initiatives for the EL, convenes conferences or thematic meetings. It sets permanent or ad hoc working groups on special political issues and questions, chooses their responsible staff and fixes their tasks in accordance with the plan of action established by the Congress.

The Executive board convenes the Congress and General Assembly meetings, fixes the proposals for time-table and venue, and suggests the standing orders and agenda.

The General Assembly

Article 23

The General Assembly is composed by the members of the Executive board and by the members of the Council of Chairpersons. When convening the General Assembly, the Executive board can decide to include more delegates from the Member Parties, but the principle of equal representation of all parties should be respected.

Article 24

The General Assembly meets once a year, with the exception of the years, when the Congress is convened; in these years the Congress meeting replaces the General Assembly meeting.

The General Assembly is convened by the decision of the Executive Board, by the chairperson or his/her replacement, at least 60 days before the date of the meeting unless in case of emergency. In the latter case, the period may not be less than 30 days. Invitations must be sent by email or by regular post and must give the agenda as well as the day, time and place of the meeting.

It can also be convened by a request addressed in writing to the chairperson by at least one fifth of the members.

Any member of the General Assembly unable to attend can be represented at its meeting by another member from the same Member Party, to whom s/he must give written authority to act (letter, fax or email). The authorised representative may not hold more than two authorisations valid for the same general assembly meeting.

The General Assembly may only deliberate an issue if half the members are present or represented.

Article 25

The authority of the General Assembly is determined by Law.

The proposals it decides upon have to be based on the principle of consensus as stipulated by Article 1 (preamble) of this Statute.

It decides the following by majority:

modification of the statutes;

nomination or removal of Presidency or its members;

nomination or removal of auditors and determining their allowance on condition that the statutes so allow; the position of an auditor is not compatible with the function of the Treasurer of EL or a Treasurer any Member or Observer party;

approval of the budget and the accounts;

dissolution of the Association;

exclusion of a member;

transformation of the Association into an association with a social aim;

all other cases where the statutes provide for its decision.

The General Assembly:

determines the political guidelines of the EL between the Congresses and adapts decisons of the Congress to the current political situation;

adopts the annual agenda of the EL;

determines political platform and strategy of the EL for the elections to the European Parliament;

comments on the report of activities for the preceded period and on the program for further work presented by the Executive board;

proposes discussions of and/or within member parties or political organisations on political developments or special questions.

Changes of these statutes and the Manifesto are decided by the Congress after a thorough debate on the issue within each member party. If, due to changes in European legislation, a conflict arises between this Statute and the valid European or national regulations in the time between two Congresses, the General Assembly is entitled to adopt, on the basis of proposals made by the Executive board, provisional changes to the Statute which will bring it to correspondence with the European regulations. These changes are considered temporary, and their validity or rejection would be decided by the next EL Congress.

The Presidency

Article 26

The Presidency consists from the Chairperson, Vice-chaiperson(s) and the Treasurer. It fulfills the role of ‘conseil d'administration’ according to the Belgian law, representing the EL legally, financially and administratively.

The Presidency members are appointed by the General Assembly for a period of three years and can be dismissed by the General Assembly at any time.

If the General Assembly has not replaced the Presidency at the end of their mandate, they shall continue to exercise their mandate while awaiting the decision of the General Assembly.

Their mandate only expires in the case of death, resignation or dismissal.

If a position is vacant, a member can be appointed provisionally by the General Assembly. In that case the member will carry out the mandate of the member s/he is replacing. Outgoing members are re-eligible.

If the Chairperson is unable to attend, his/her functions shall be carried out by the vice-chairperson or the oldest member of the Presidency present.

The Presidency shall meet at the instance of the Chairperson or of two members of the Presidency.

It may only take a decision if the majority of its members are present or represented. Its decisions are taken by majority of voters present or represented; should the vote be tied, the Chairperson has the casting vote.

Article 27

The Chairperson is elected by the Congress. A candidate for the EL Chairperson is presented by the Council of Chairpersons until and including the next Congress. The candidacy should follow a rotation principle.

On a proposal of the Council of Chaipersons the Congress elects one or more Vice-chairpersons on a gender quota basis.

Article 28

In case the post of the Chairperson becomes vacant before the next ordinary Congress, the Executive board can name a Chairperson ad interim until the next Congress.

Article 29

The Chairperson represents the EL in the public sphere in the contacts with representatives of organisations and institutions, including the EU authorities, Trade Unions, non-governmental organisations and associations:

The Vice-chairperson/s support/s the Chairperson in fulfilling his/her duties.

The Political Secretariat

Article 30

The Political Secretariat carries out the decisions of the EL organs. It is lead by a coordinator. It consists of the members elected on the basis of proposal by the Council of Chairpersons by the Executive board (with the respect to gender equality). The Secretariat fulfils the duties of a CEO, being tasked with the daily management of the Party including the authority to take the decisions needed for this task.

In particular it is responsible for:

supporting the Presidency;

running the regular business and preparing the meetings of the Executive board;

executing the decisions and respective orders of the Executive board;

maintaining close relationships with the whole prime executives of the member policies;

maintaining contacts to the member and observer parties and political organizations;

supporting the EL working groups;

maintaining relations to the media in cooperation with the Presidency;

maintaining the contact of the EL with the Parliamentarian Groups in which there will be deputies of Left parties in the EP and other European/international institutions etc.;

running the archives;

securing transparency of all political work;

guiding the work of the EL office;

reporting on its work to each Executive board meeting.

5.   The Finances of the EL

Article 31

The EL is financing itself by membership fees, contributions and public subsidies. The financing is based on transparency, in particular in terms of bookkeeping, accounts and donations, privacy and protection of personal data, in accordance with the Regulation (EC) No 1141/2014 of the European Parliament and the Council, in particular its Article 23.

The Treasurer prepares the annual budget, which has to be approved by the General Assembly after its adoption in the meeting of treasurers of the member parties. The budget has to be prepared and approved in accordance with the regulations and rules regarding the funding of the political parties on European level. The Treasurer also prepares the annual accounts which then are verified by the group of elected internal auditors. The annual accounts are then approved by the General Assembly.

The (annual) membership fee is set by the general assembly. The membership fee may not be less than one (1) euro per year, and shall not exceed the maximal values according to the Regulation (EC) No 1141/2014 of the European Parliament and the Council, Article 20.

6.   Dissolution of the EL

Article 32

The dissolution of the EL requires a decision of the General Assembly.

The General Assembly can only pronounce dissolution in the same circumstances as those for modification of the statutes of the Association. The General Assembly which pronounces the dissolution of the Association shall appoint liquidators and shall determine their authority. The assets, after the discharge of any debts, must be transferred to an association, an institute or a foundation that follows the same goal as this association, by decision of the general assembly.

Article 33

Anything not explicitly provided for in these statutes shall be regulated by the Belgian law (‘Loi sur les associations sans but lucrative, les associations internationals sans but lucrative et les fondations’), and by the applicable European laws and regulations, in particular the Regulation (EC) No 1141/2014 of the European Parliament and the Council on the statute and funding of European political parties and European political foundations.

Article 34

These statutes have been drawn up in French and English. Should there be any discrepancy between the two linguistic versions, the English version shall prevail (1).


(1)  New article, reflecting the present practice.


NOTICES FROM MEMBER STATES

13.12.2017   

EN

Official Journal of the European Union

C 428/32


Information communicated by Member States regarding closure of fisheries

(2017/C 428/12)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

Date and time of closure

10.10.2017

Duration

10.10.2017 – 31.12.2017

Member State

Denmark

Stock or Group of stocks

LIN/04-C.

Species

Ling (Molva molva)

Zone

Union waters of IV

Type(s) of fishing vessels

Reference number

20/TQ127


(1)  OJ L 343, 22.12.2009, p. 1


13.12.2017   

EN

Official Journal of the European Union

C 428/32


Information communicated by Member States regarding closure of fisheries

(2017/C 428/13)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

Date and time of closure

10.10.2017

Duration

10.10.2017-31.12.2017

Member State

Belgium

Stock or Group of stocks

NEP/8ABDE.

Species

Norway lobster (Nephrops Norvegicus)

Zone

VIIIa, VIIIb, VIIId and VIIIe

Type(s) of fishing vessels

Reference number

21/TQ127


(1)  OJ L 343, 22.12.2009, p. 1.


V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

13.12.2017   

EN

Official Journal of the European Union

C 428/33


Prior notification of a concentration

(Case M.8718 — Starwood Capital Group/Accor/Sofitel Budapest Chain Bridge Hotel)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 428/14)

1.

On 1 December 2017, 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:

Starwood Capital Group (United States)

Accor-Pannonia Hotels Zrt (Hungary), belonging to the Accor Group (France)

Sofitel Budapest Chain Bridge Hotel (Hungary), solely controlled by Accor-Pannonia Hotels Zrt. (the ‘Target’)

Starwood Capital Group and Accor-Pannonia Hotels Zrt. acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Sofitel Budapest Chain Bridge Hotel, currently solely controlled by Accor-Pannonia Hotels Zrt.

The concentration is accomplished by way of a purchase of shares/assets and contract of management.

2.

The business activities of the undertakings concerned are:

—   for Starwood Capital Group: US-based private investment firm, with a core focus on global real estate.

—   for Accor-Pannonia Hotels Zrt.: private company registered under Hungarian law, ultimately controlled by Accor SA, a French multinational hotel group.

—   for the Target: composed of the physical building and the going concern, is a luxury (5-star) hotel, comprising 357 hotel rooms and suits, and various amenities (restaurants, bars, meeting rooms, spa, and wellness center, car parking and leased out business spaces), located in Budapest, Hungary.

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.8718 — Starwood Capital Group/Accor/Sofitel Budapest Chain Bridge Hotel

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.


13.12.2017   

EN

Official Journal of the European Union

C 428/35


Prior notification of a concentration

(Case M.8716 — Mirova/GE/Idesamgar/Idesamgar 1)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 428/15)

1.

On 1 December 2017, 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:

Mirova-Eurofideme 3 (France), ultimately owned Banque populaire Caisse d'épargne (‘BPCE’, France),

General Electric Company (‘GE’, United States),

Idesamgar SL and Idesamgar 1 SL (Spain), controlled by Forestalia Renovables SLU (Spain).

Mirova-Eurofideme 3 and GE acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Idesamgar SL and Idesamgar 1 SL. The concentration is accomplished by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

Mirova-Eurofideme 3 is a French venture capital fund which focuses on responsible investment managing funds for institutional investors in various asset classes, inter alia renewable energy and core infrastructures, sustainable equities and green bonds.

GE is a global manufacturing, technology and services company. Its business unit GE Energy Financial Services' core activity is investments in the energy sector. Its business unit GE Renewable Energy supplies products and services to wind, hydro and solar power generation customers, including manufacturing and servicing of wind turbines.

Idesamgar SL and Idesamgar 1 SL are two holding companies which own 9 windfarm project companies in Aragon, Spain.

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.8716 — Mirova/GE/Idesamgar/Idesamgar 1.

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

E-mail: 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.