ISSN 1977-091X
Official Journal
of the European Union
C 273
English edition
Information and Notices
Volume 62
14 August 2019
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ISSN 1977-091X |
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Official Journal of the European Union |
C 273 |
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English edition |
Information and Notices |
Volume 62 |
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Contents |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2019/C 273/01 |
Non-opposition to a notified concentration (Case M.9016 — CMA CGM/Container Finance) ( 1 ) |
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2019/C 273/02 |
Non-opposition to a notified concentration (Case M.9411 — Paker-Hannifin Corporation/Lord Corporation) ( 1 ) |
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2019/C 273/03 |
Initiation of proceedings (Case M.9014 — PKN Orlen/Grupa Lotos) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2019/C 273/04 |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2019/C 273/05 |
Prior notification of a concentration (Case M.9486 — GBL/Webhelp) — Candidate case for simplified procedure ( 1 ) |
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2019/C 273/06 |
Prior notification of a concentration (Case M.9435 — ADNOC/OCI/JV) — Candidate case for simplified procedure ( 1 ) |
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OTHER ACTS |
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European Commission |
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2019/C 273/07 |
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Corrigenda |
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2019/C 273/08 |
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(1) Text with EEA relevance. |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/1 |
Non-opposition to a notified concentration
(Case M.9016 — CMA CGM/Container Finance)
(Text with EEA relevance)
(2019/C 273/01)
On 22 October 2018, 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:
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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, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M9016. EUR-Lex is the online access to European law. |
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/1 |
Non-opposition to a notified concentration
(Case M.9411 — Paker-Hannifin Corporation/Lord Corporation)
(Text with EEA relevance)
(2019/C 273/02)
On 6 August 2019, 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:
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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, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9411. EUR-Lex is the online access to European law. |
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/2 |
Initiation of proceedings
(Case M.9014 — PKN Orlen/Grupa Lotos)
(Text with EEA relevance)
(2019/C 273/03)
On 7 August 2019, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+ 32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference No. M.9014 — PKN Orlen/Grupa Lotos, to the following address:
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European Commission |
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Directorate-General for Competition |
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Merger Registry |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/3 |
Euro exchange rates (1)
13 August 2019
(2019/C 273/04)
1 euro =
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Currency |
Exchange rate |
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USD |
US dollar |
1,1222 |
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JPY |
Japanese yen |
118,01 |
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DKK |
Danish krone |
7,4633 |
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GBP |
Pound sterling |
0,92830 |
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SEK |
Swedish krona |
10,7088 |
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CHF |
Swiss franc |
1,0853 |
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ISK |
Iceland króna |
139,10 |
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NOK |
Norwegian krone |
10,0078 |
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BGN |
Bulgarian lev |
1,9558 |
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CZK |
Czech koruna |
25,829 |
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HUF |
Hungarian forint |
323,98 |
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PLN |
Polish zloty |
4,3372 |
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RON |
Romanian leu |
4,7249 |
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TRY |
Turkish lira |
6,3141 |
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AUD |
Australian dollar |
1,6589 |
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CAD |
Canadian dollar |
1,4889 |
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HKD |
Hong Kong dollar |
8,8057 |
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NZD |
New Zealand dollar |
1,7417 |
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SGD |
Singapore dollar |
1,5576 |
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KRW |
South Korean won |
1 373,20 |
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ZAR |
South African rand |
17,2289 |
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CNY |
Chinese yuan renminbi |
7,9303 |
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HRK |
Croatian kuna |
7,3928 |
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IDR |
Indonesian rupiah |
16 067,10 |
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MYR |
Malaysian ringgit |
4,7104 |
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PHP |
Philippine peso |
58,743 |
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RUB |
Russian rouble |
73,6134 |
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THB |
Thai baht |
34,648 |
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BRL |
Brazilian real |
4,4773 |
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MXN |
Mexican peso |
22,0302 |
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INR |
Indian rupee |
80,1865 |
(1) Source: reference exchange rate published by the ECB.
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/4 |
Prior notification of a concentration
(Case M.9486 — GBL/Webhelp)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 273/05)
1.
On 7 August 2019, 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:
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Groupe Bruxelles Lambert (‘GBL’, Belgium), |
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Webhelp SAS and its subsidiaries (‘Webhelp’, France). |
GBL acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Webhelp.
The concentration is accomplished by way of purchase of shares.
2.
The business activities of the undertakings concerned are:— for GBL: an investment holding company which invests in global companies operating in various sectors and mainly in Europe. The only subsidiary in which GBL has a controlling interest is Imerys SA (‘Imerys’), a French multinational specialised in the production and processing of industrial minerals;
— for Webhelp: Information Technology (‘IT’) service provider active primarily in the provision of business process outsourcing services. It offers a range of core services such as technical assistance for customer loyalty services and claims management, multichannel client data collections, digital and marketing services, payment services and enterprise solutions. Webhelp is mainly active in Europe but has a worldwide presence.
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.9486 — GBL/Webhelp
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
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Email: COMP-MERGER-REGISTRY@ec.europa.eu |
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Fax +32 22964301 |
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Postal address: |
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European Commission |
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Directorate-General for Competition |
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Merger Registry |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/6 |
Prior notification of a concentration
(Case M.9435 — ADNOC/OCI/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 273/06)
1.
On 8 August 2019, 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:
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OCI N.V. (‘OCI’, Netherlands), |
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Abu Dhabi National Oil Company (‘ADNOC’, United Arab Emirates). |
OCI and ADNOC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the ‘JV’).
The concentration is accomplished by way of purchase of shares and contribution of shares and assets (namely, ADNOC Fertilizers and OCI’s Middle East and North Africa natural gas-based fertilizer business).
2.
The business activities of the undertakings concerned are:— for OCI: the production and distribution of natural gas-based fertilizers and industrial chemicals used for agricultural and industrial purposes,
— for ADNOC: activities throughout the entire hydrocarbon value chain, including exploration, production, storage, refining and distribution of oil and gas, as well as the development of petrochemical products,
— for the JV: the production of natural gas-based fertilizers in the Middle East and North Africa for export and distribution.
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.9435 — ADNOC/OCI/JV
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
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Email: COMP-MERGER-REGISTRY@ec.europa.eu |
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Fax +32 22964301 |
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Postal address: |
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European Commission |
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Directorate-General for Competition |
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Merger Registry |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
OTHER ACTS
European Commission
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/7 |
Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs
(2019/C 273/07)
This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.
SINGLE DOCUMENT
‘SNEEM BLACK PUDDING’
EU No: PGI-IE-02353 – 3.3.2017
PDO ( ) PGI ( X )
1. Name(s)
‘Sneem Black Pudding’
2. Member State or Third Country
Ireland
3. Description of the agricultural product or foodstuff
3.1. Type of product
Class 1.2. Meat products (cooked, salted, smoked, etc.)
3.2. Description of the product to which the name in (1) applies
‘Sneem Black Pudding’ is a traditional blood pudding uncased and tray-baked in trays (approximately 500 mm x 200 mm x 75-100mm) and is commonly sold in squares or blocks of between 500g-1 kg. The finished ‘Sneem Black Pudding’, sold to the customer, has a deep red-brown colour. The pudding can be consumed without further cooking if desired.
‘Sneem Black Pudding’ has a smooth almost mousse-like texture when compared with most other Irish black puddings, giving it an exceptionally smooth mouth feel.
The following ingredients are used in the production of ‘Sneem Black Pudding’ and the percentages of ingredients used must fall within the following ranges:
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Beef and/or Lamb Suet — minimum 8 % to a maximum of 15 % |
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Oatmeal — minimum 20 % to a maximum of 25 % |
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Onions — minimum 15 % to a maximum of 25 % |
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Sheep or Cow or Pigs Blood — minimum 15 % to a maximum of 25 % |
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Water — minimum 15 % to a maximum of 25 % |
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Seasoning and Spices — minimum 0,5 % to a maximum of 2,5 % |
‘Sneem Black Pudding’ must be free from artificial colours, flavours, bulking agents and preservatives. It has an average moisture content of between 75 %-80 % and on average a 100g portion will provide the following:
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Energy: 130-150 Kcal |
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Protein: 10-15 g |
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Carbohydrate: 10-15 g |
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Fat: 4-7 g |
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Iron: 20 mg |
3.3. Feed (for products of animal origin only) and raw materials (for processed products only)
—
3.4. Specific steps in production that must take place in the identified geographical area
All stages of preparation and production of ‘Sneem Black Pudding’ are performed indoors, and must take place in the defined geographical area, under controlled and monitored conditions to ensure consistency in the quality of the product.
Blood is harvested from the animals slaughtered directly in an approved abattoir in the Geographical Area, and is immediately refrigerated on site in labelled food grade containers, ensuring full in-house traceability. Sheep, cow or pigs blood is usually used in the production of ‘Sneem Black Pudding’.
Suet is collected directly from the animals slaughtered in an approved abattoir in the geographical area. The use of lamb suet is supplemented with beef suet during periods when the fat content is lower than average (e.g. when using early spring lamb).
The dry ingredients are then carefully weighed, prepared and mixed, along with the suet to ensure a consistent product and an even distribution of the ingredients throughout the product. The addition of the wet ingredients creates a thick gruel.
The wet ingredient mixture is then transferred into rectangular trays, as the product is un-cased. The tray dimensions are approximately 500mm in length X 200mm in width X 75-100mm in depth.
The mixture can be oven-baked in either of two options:
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A high-temperature and short-time approach (250 °C for 2 hours) |
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A low-temperature and long-time approach (100 °C for 6 hours). |
The finished product is then cooled to ambient room temperature (approximately 15 °C) before chilling to between 2-4 °C. As an un-packaged, totally natural product free from chemical additives or preservatives, shelf- life is relatively short at between 14 to 21 days. The finished Pudding is commonly cut into squares or blocks of between 500 g and 1 kg.
3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to
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3.6. Specific rules concerning labelling of the product the registered name refers to
The product to be labelled ‘Sneem Black Pudding’ and packaging and promotional materials will bear the logo underneath:
4. Concise definition of the geographical area
The geographical area for the production of ‘Sneem Black Pudding’ is the village of Sneem on the Iveragh Peninsula in County Kerry. Its geographical coordinates are 51° 50′ 00″ North, 9° 54′ 00″ West.
5. Link with the geographical area
The causal link between the product and the area in which it is produced is based on its reputation, which in turn is derived from its origins in the village of Sneem and the expertise of the butchers who produce it.
The production of ‘Sneem Black Pudding’ in its current form dates back to the early 1950’s: a time of economic hardship in Ireland. Due to the economic misfortune of the time, farmers had to ensure that every part of the animal was utilised to the full, including the fresh blood and suet. Regina Sexton notes in her February 2005 Irish Examiner column that, ‘the fresh blood pudding is one of Ireland’s most enduring products’, of which ‘Sneem Black Pudding’ is one of the few remaining.
Suet has been traditionally used in almost all Irish black puddings, its role in ‘Sneem Black Pudding’ is to increase the fat content and improve the texture and mouthfeel of the pudding. Suet has a low melting point 45-50 degrees centigrade which means it is easy to use in the solid form when making the pudding. The high calorific value of suet makes ‘Sneem Black Pudding’ an ideal food in winter.
All of the Sneem Butchers have been making and selling their products since 1950’s and ‘Sneem Black Pudding’ has been sold by that name since that time. The butchers have cooperatively used the ‘Sneem Black Pudding’ name and have sought to maintain high standards in the production and to retain the link back to the South Kerry heritage. The skill and experience of Sneem’s butchers trade means that the village has a history of tradition in producing fine ‘Sneem Black Pudding’ As a result the ‘Sneem Black Pudding’ has gathered a reputation for its taste and quality and is now recognised as one of the top gourmet puddings in Ireland.
The village of Sneem is also different in a less obvious way. With the rationalisation of small scale local abattoirs in recent decades, it is most unusual for a village of this size to have two licensed abattoirs located in such close proximity to each other thanks to the continuous production of ‘Sneem Black Pudding’.
It is obvious that Black Pudding is a fixture of the traditional Irish breakfast; however the style of ‘Sneem Black Pudding’ is unusual in the Black Pudding industry as recalled by Carla Blake in her Irish Examiner Farming column of July 1995 where she states ‘that “Sneem Black Pudding” is the most delicious black pudding she ever tasted, while it is a very unusual pudding, as it differs from a traditional ring of pudding’. This is also reflected on the Black Pudding Club website by the following statement: ‘Traditionally Kerry black pudding was cake baked in trays and cut into squares. Up until maybe 10 years ago, the only black pudding in square blocks that we were aware of were … and “Sneem Black Pudding”. The square shape has become more popular in recent years yet the chubb of black pudding is still by far the most common’.
The finished product which is sold to the customer has a deep red-brown colour and a smooth, almost mousse-like texture when compared with most other Irish black puddings, giving it an exceptionally smooth mouth feel. In other Irish black puddings, ingredients such as onion and oatmeal are obviously visible when the product is cut, or to feel in the mouth when the product is being eaten. Lucinda O’Sullivan, one of Irelands most widely read Food and Hospitality Critics, comments in her October 2001 Sunday Independent column reviewing the Kenmare Park Hotel that her starter of ‘“Sneem Black Pudding” was silky smooth … and totally different from anything sold in a supermarket’.
Lucinda O’Sullivan, noted in her Sunday Independent article of local food producers in October 2010 about ‘Sneem Black Pudding’ … ‘a Black Pudding recipe that is quite different to anything else around’. This statement is of great significance as it recognises that the method and style in which ‘Sneem Black Pudding’ is made and endorses the principles of the traditional recipe which is strictly adhered to by producers.
The tourist season was an important time for local businesses and the Sneem butchers who produce ‘Sneem Black Pudding’ were no different, as referenced by Jean Sheridan in the Irish Press newspaper in August 1975, producing the ‘slabs of Black Pudding for foreign visitors’ who were keen to sample the curious pudding, either as a souvenir or taste of the Ring of Kerry and Sneem.
‘Sneem Black Pudding’ is an essential element of the local food market and there is national recognition of the product and the link to Sneem as an area. This is demonstrated by the statements on the Our Mountain Home website (http://sneemireland.com/wheretostay.html): ‘You can also enjoy a traditional home cooked Irish breakfast, including the famous “Sneem Black Pudding”…’ and on the Irish Tourism website (http://blog.irishtourism.com/2019/01/10/best-food-in-ireland/): ‘The most famous flavours’ of black and white pudding come from Clonakilty or in Kerry you will find the Sneem black pudding which is extremely popular. Pudding is not unique to Ireland but the recipe here is quite special.’
Reference to publication of the product specification
(the second subparagraph of Article 6(1) of this Regulation)
http://www.agriculture.gov.ie/gi/pdopgitsg-protectedfoodnames/products/
Corrigenda
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14.8.2019 |
EN |
Official Journal of the European Union |
C 273/11 |
Corrigendum to Publication in accordance with Article 6 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
( Official Journal of the European Union C 215 of 26 June 2019 )
(2019/C 273/08)
The text of publication number 2019/C 215/03 is replaced by the following:
‘Publication in accordance with Article 6 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
The resolution decision as regards HETA ASSET RESOLUTION AG is linked to the reorganisation of Hypo Alpe-Adria-Bank International AG.
Extract from the emergency administrative decision (Mandatsbescheid) of the Austrian Financial Market Authority (FMA) of 26 March 2019 on preparing for the application of a resolution tool (write-up mechanism).
EMERGENCY ADMINISTRATIVE DECISION
Ruling
Since the conditions for resolution exist in respect of HETA ASSET RESOLUTION AG, Alpen-Adria-Platz 1, 9020 Klagenfurt, Austria, Austrian Trade Register registration No 108415 (“HETA”), the Austrian Financial Market Authority (FMA) in its capacity as resolution authority under § 3(1) of the Austrian Federal Act on the Recovery and Resolution of Banks (BaSAG), as published in the Austrian Federal Law Gazette I No 98/2014, as amended, has ordered the following measures:
I.
The nominal value or outstanding balance of HETA’s remaining eligible liabilities pursuant to § 86 BaSAG reduced by section II.2 of the administrative decision (Vorstellungsbescheid) of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the nominal value as at 1.3.2015 or of the outstanding balance including interest accrued until 28.2.2015, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the nominal value as at 1.3.2015 or of the outstanding balance including interest accrued until 28.2.2015, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) of the General Administrative Procedure Act (AVG).
Without prejudice to the effects on all parties whose rights under § 116(4) BaSAG are affected by the resolution measures, this concerns the following eligible liabilities, with the exception of the liabilities recorded in section II.2.6.2 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016:
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Bonds:
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2. |
Borrower’s note loans:
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3. |
Mortgage bonds issued by the Pfandbriefstelle: HETA’s liabilities in respect of Pfandbriefbank (Österreich) AG, the Pfandbriefstelle (mortgage bonds division) of the Austrian Landes-Hypothekenbanken, the member institutes of the Pfandbriefstelle of the Austrian Landes-Hypothekenbanken and their guarantors arising from or in connection with the following bonds issued by the Pfandbriefstelle of the Austrian Landes-Hypothekenbanken:
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4. |
Taxes:
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5. |
Demand deposits:
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6. |
Guarantee fees, administrative fees and processing fees:
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7. |
Other eligible liabilities:
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II.
With regard to other eligible liabilities on the part of HETA recorded in section II.3 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, for which the amounts involved or whether they have been triggered is uncertain, although HETA’s circumstances as at 1 March 2015 had already been established, the following instructions apply:
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1. |
The nominal value or outstanding balance of eligible liabilities arising from legal proceedings against HETA or the other disputed eligible liabilities of HETA, including the interest accrued until 28.2.2015, reduced by section II.3.1 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. Without prejudice to the effects on all parties whose rights under § 116(4) BaSAG are affected by the resolution measures, this concerns the following items:
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2. |
The nominal value or outstanding balance of HETA’s eligible liabilities arising from unpaid taxes, fees and social security contributions from tax periods prior to 1.3.2015, including all surcharges and the interest accrued until 28.2.2015, reduced by section II.3.2 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. |
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3. |
The nominal value or outstanding balance of HETA’s eligible liabilities arising from guarantees and letters of credit assumed or given by HETA, including the interest accrued until 28.2.2015, reduced by section II.3.3 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount to be paid by HETA, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount to be paid by HETA, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. Without prejudice to the effects on all parties whose rights under § 116(4) BaSAG are affected by the resolution measures, this concerns the following items:
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4. |
The nominal value or outstanding balance of HETA’s eligible liabilities arising from the share purchase agreement of 8 September 2014, including the amending agreements of 24 October 2014 and 28 October 2014, concluded between Hypo Alpe-Adria-Bank International AG (now HETA) and HBI-Bundesholding AG, including the interest accrued until 28.2.2015, reduced by section II.3.4 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. |
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5. |
The nominal value or outstanding balance of HETA’s eligible liability for the potential purchase price in connection with the sale of the SEE banking network arising from the share purchase agreement of 18/25 November 2014, including addenda, concluded between Hypo Alpe-Adria-Bank International AG (now HETA) and Finanzmarktbeteiligung Aktiengesellschaft des Bundes (FIMBAG), including the interest accrued until 28.2.2015, reduced by section II.3.5 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. |
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6. |
The nominal value or outstanding balance of HETA’s eligible liability vis-à-vis the Republic of Austria and FIMBAG for a fine in connection with section 7(1)(a) of the memorandum of understanding of 23.12.2008, including addenda, and including the interest accrued until 28.2.2015, reduced by section II.3.6 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. |
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7. |
The nominal value or outstanding balance of HETA’s eligible liabilities vis-à-vis the Province of Carinthia in connection with § 5(3)(4) of the Act of 13 December 1990 concerning the transfer of the banking business of the Kärntner Landes- und Hypothekenbank in exchange for shares and the essential provisions on the stock of the Kärntner Landes- und Hypothekenbank - Holding (Kärntner Landesholding-Gesetz – K-LHG), including the interest accrued until 28.2.2015, reduced by section II.3.7 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. |
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8. |
The nominal value or outstanding balance of HETA’s eligible liability vis-à-vis HETA Immobilien- und Bauconsult GmbH (formerly: HYPO Immobilien- und Bauconsult GmbH) arising from the tender rights agreement dated 19.9.2011 in respect of Headquarter Alpe Adria Center Klagenfurt, including the interest accrued until 28.2.2015, reduced by section II.3.8 of the administrative decision of the FMA of 2.5.2017, ref. FMA-AW00001/0044-AWV/2016, to an amount equal to 64,40 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 90(1)(5) BaSAG, shall be revalued to an amount equal to 85,54 % of the amount established by law, pursuant to § 50(1)(1) in conjunction with § 74(2)(4) in conjunction with § 85 in conjunction with § 88(3) BaSAG in conjunction with § 68(2) AVG. |
Explanatory statement
Instructions on the means of appeal
In accordance with § 116(8) BaSAG, an objection may be lodged with the FMA against this decision, which has been issued under the emergency procedure (Mandatsverfahren) set out in § 116(1)-(4) BaSAG, by HETA or any other party whose rights have been affected by the resolution measures ordered in this decision, in particular HETA’s shareholders and creditors, within three months of publication of the measures.
This decision shall have direct legal effect on HETA and on the creditors and shareholders affected and all other addressees.
The objection is to be lodged in writing with the FMA, Oral objections or objections by telephone are not permitted.
Where technical means of transmission (for example, electronic mailbox, fax, email) are available for the written objection, this should be stated in addition to our address, Please note, however, that the sender bears the risks associated with each method of transmission (for example, transmission error or loss, loss of document).
In order for electronic and written applications to the Austrian Financial Market Authority (FMA) to be valid (§ 13(1) of the General Administrative Procedure Act (AVG)), the FMA’s hours of business must be observed, These are the same as the public opening hours and are as follows:
Monday to Thursday: 08:00 to 17:30
Friday: 08:00 to 16:00
(except public holidays, 24 December and 31 December)
The FMA’s devices for receiving documents via electronic mailbox, fax and email operate outside the business hours stated above, but they are monitored only during business hours. Therefore, even though they have already reached the FMA’s official space, documents transmitted to such devices outside business hours shall only be deemed to be properly lodged (and received) after the resumption of business hours, and shall (only) be dealt with from that time (§ 13(2) in conjunction with § 13(5) AVG).
No documents will be accepted outside business hours (§ 13(5) AVG).
The objection does not have suspensive effect, which means that the decision may be implemented with immediate effect irrespective of any objection.
Late objections will be dismissed.’.