Non-opposition to a notified concentration

(Case M.10389 – PAI PARTNERS / PASUBIO)

(Text with EEA relevance)

(2021/C 458/01)

On 19 October 2021, 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 policy’ 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 32021M10389. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.10395 – BNP PARIBAS / CDC / IMMOBILIÈRE DE LA LAINE)

(Text with EEA relevance)

(2021/C 458/02)

On 13 October 2021, 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 policy’ 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 32021M10395. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2019/1894 as amended by Council Decision (CFSP) 2021/1966, and in Council Regulation (EU) 2019/1890, as implemented by Council Implementing Regulation (EU) 2021/1960

(2021/C 458/03)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2019/1894 (1), as amended by Council Decision (CFSP) 2021/1966 (2), and in Annex I to Council Regulation (EU) 2019/1890 (3), as implemented by Council Implementing Regulation (EU) 2021/1960 (4) concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean.

The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision (CFSP) 2019/1894 and in Regulation (EU) 2019/1890 should continue to apply to those persons and entities.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II of Regulation (EU) 2019/1890 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 9 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 15 July 2022, to the following address:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 13 of Decision (CFSP) 2017/2074 and Article 17(4) of Regulation (EU) 2017/2063.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 291, 12.11.2019, p. 47.

(2)  OJ L 400, 12.11.2021, p. 157.

(3)  OJ L 291, 12.11.2019, p. 3.

(4)  OJ L 400, 12.11.2021, p. 11.

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2019/1894 and in Council Regulation (EU) 2019/1890 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean apply

(2021/C 458/04)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision (CFSP) 2019/1894 (2), as amended by Council Decision (CFSP) 2021/1966 (3), and Council Regulation (EU) 2019/1890 (4), as implemented by Council Implementing Regulation (EU) 2021/1960 (5).

The controller of this processing operation is the Department RELEX.1.C in the Directorate-General for Foreign Affairs, Enlargement and Civil Protection - RELEX of the General Secretariat of the Council (GSC), that can be contacted at:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision (CFSP) 2019/1894, as amended by Decision (CFSP) 2021/1966,and in Annex I to Regulation (EU) 2019/1890, as implemented by Implementing Regulation (EU) 2021/1960.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision (CFSP) 2019/1894 and in Regulation (EU) 2019/1890.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

---

(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 291, 12.11.2019, p. 47.

(3)  OJ L 400, 12.11.2021, p. 157.

(4)  OJ L 291, 12.11.2019, p. 3.

(5)  OJ L 400, 12.11.2021, p. 11.

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2017/2074, as amended by Council Decision (CFSP) 2021/1965, and in Council Regulation (EU) 2017/2063, as implemented by Council Implementing Regulation (EU) 2021/1959 concerning restrictive measures in view of the situation in Venezuela

(2021/C 458/05)

The following information is brought to the attention of the persons that appear in Annex I to Council Decision (CFSP) 2017/2074 (1), as amended by Council Decision (CFSP) 2021/1965 (2), and in Annex IV to Council Regulation (EU) 2017/2063 (3), as implemented by Council Implementing Regulation (EU) 2021/1959 (4) concerning restrictive measures in view of the situation in Venezuela.

The Council of the European Union, after having reviewed the list of designated persons, has decided that the persons that appear in the above-mentioned Annexes should continue to be included in the list of persons subject to the restrictive measures provided for in Decision (CFSP) 2017/2074 and Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela. The grounds for the listing of the persons concerned appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 9 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 30 July 2022, to the following address:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 13 of Decision (CFSP) 2017/2074 and Article 17(4) of Regulation (EU) 2017/2063.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 295, 14.11.2017, p. 60.

(2)  OJ L 400, 12.11.2021, p. 148.

(3)  OJ L 295, 14.11.2017, p. 21.

(4)  OJ L 400, 12.11.2021, p. 1.

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2017/2074 and Council Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela apply

(2021/C 458/06)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Decision (CFSP) 2017/2074 (2), as amended by Council Decision (CFSP) 2021/1965 (3), and Council Regulation (EU) 2017/2063 (4), as implemented by Council Implementing Regulation (EU) 2021/1959 (5).

The controller of this processing operation is the Department RELEX.1.C in the Directorate-General External Relations - RELEX of the General Secretariat of the Council (GSC), that can be contacted at:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2021/1965, and Regulation (EU) 2017/2063, as implemented by Implementing Regulation (EU) 2021/1959.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision (CFSP) 2017/2074 and Regulation (EU) 2017/2063.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

---

(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 295, 14.11.2017, p. 60.

(3)  OJ L 400, 12.11.2021, p. 148.

(4)  OJ L 295, 14.11.2017, p. 21.

(5)  OJ L 400, 12.11.2021, p. 1.

The following information is brought to the attention of - ABDOLLAHI Hamed, AL-NASSER Abdelkarim Hussein Mohamed, AL YACOUB Ibrahim Salih Mohammed, ARBABSIAR Manssor, ASSADI Assadollah, BOUYERI Mohammed, HASHEMI MOGHADAM Saeid, IZZ-AL-DIN Hasan, MOHAMMED Khalid Shaikh, SHAHLAI Abdul Reza, SHAKURI Ali Gholam, ABU NIDAL ORGANISATION (ANO), BABBAR KHALSA, COMMUNIST PARTY OF THE PHILIPPINES, including New People’s Army (NPA), DIRECTORATE FOR INTERNAL SECURITY OF THE IRANIAN MINISTRY FOR INTELLIGENCE AND SECURITY, HIZBALLAH MILITARY WING, EJÉRCITO DE LIBERACIÓN NACIONAL (‘National Liberation Army’), PALESTINIAN ISLAMIC JIHAD (PIJ), POPULAR FRONT FOR THE LIBERATION OF PALESTINE (PFLP), POPULAR FRONT FOR THE LIBERATION OF PALESTINE – GENERAL COMMAND, ‘DEVRIMCI HALK KURTULUȘ PARTISI CEPHESI’ – ‘DHKP/C’, SENDERO LUMINOSO – ‘SL’ (‘Shining Path’), and ‘TEYRBAZEN AZADIYA KURDISTAN’ – ‘TAK’ persons and groups included on the list of persons, groups and entities subject to Articles 2, 3 and 4 of Council Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and to Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annexes to Council Decision (CFSP) 2021/1192 and Council Implementing Regulation (EU) 2021/1188)

(2021/C 458/07)

The following information is brought to the attention of the above-mentioned persons and groups listed in Council Decision (CFSP) 2021/1192 (1) and Council Implementing Regulation (EU) 2021/1188 (2).

Council Regulation (EC) No 2580/2001 (3) provides for a freezing of all funds, other financial assets and economic resources belonging to the persons and groups concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.

The Council has been provided with new information relevant to the listing of the above-mentioned persons and groups. Having considered this new information, the Council intends to amend the statements of reasons accordingly.

The persons and groups concerned may submit a request to obtain the intended statements of reasons for maintaining them on the above-mentioned list to the following address:

Council of the European Union (Attn: COMET designations)

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Such a request should be submitted by 19 November 2021.

The persons and groups may submit at any time a request to the Council, together with any supporting documentation, that the decision to include and maintain them on the list should be reconsidered, to the address provided above. Such requests will be considered when they are received. In this respect, the attention of the persons and groups concerned is drawn to the regular review by the Council of the list according to Article 1(6) of Council Common Position 2001/931/CFSP (4).

The attention of the persons and groups concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as listed in the Annex to the Regulation in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 5(2) of that Regulation.

---

(1)  OJ L 258, 20.7.2021, p. 42.

(2)  OJ L 258, 20.7.2021, p. 14.

(3)  OJ L 344, 28.12.2001, p. 70.

(4)  OJ L 344, 28.12.2001, p. 93.

Euro exchange rates (1)

11 November 2021

(2021/C 458/08)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1460
JPY	Japanese yen	130,59
DKK	Danish krone	7,4372
GBP	Pound sterling	0,85538
SEK	Swedish krona	9,9648
CHF	Swiss franc	1,0561
ISK	Iceland króna	150,40
NOK	Norwegian krone	9,9695
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,254
HUF	Hungarian forint	364,80
PLN	Polish zloty	4,6296
RON	Romanian leu	4,9474
TRY	Turkish lira	11,3605
AUD	Australian dollar	1,5699
CAD	Canadian dollar	1,4419
HKD	Hong Kong dollar	8,9299
NZD	New Zealand dollar	1,6318
SGD	Singapore dollar	1,5516
KRW	South Korean won	1 353,13
ZAR	South African rand	17,4775
CNY	Chinese yuan renminbi	7,3292
HRK	Croatian kuna	7,5118
IDR	Indonesian rupiah	16 342,32
MYR	Malaysian ringgit	4,7765
PHP	Philippine peso	57,372
RUB	Russian rouble	81,5313
THB	Thai baht	37,652
BRL	Brazilian real	6,2383
MXN	Mexican peso	23,5367
INR	Indian rupee	85,3090

---

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

Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 5 July 2021 concerning a Draft Decision in Case AT.40178 - Car Emissions

Meeting by Audio Conference – via ‘Skype for Business’

Rapporteur: Sweden

(Text with EEA relevance)

(2021/C 458/09)

1.	The Advisory Committee (10 Member States) agrees with the Commission that the anti-competitive conduct covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the Treaty and Article 53 EEA Agreement.

2.	The Advisory Committee (10 Member States) agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101(1)(b) of the TFEU and Article 53(1)(b) EEA Agreement.

3.	The Advisory Committee (10 Member States) agrees with the Commission’s assessment as regards the duration of the infringement.

4.	The Advisory Committee (10 Member States) agrees with the Commission that fines should be imposed on the addressees of the draft decision, with the exception of the immunity applicant.

5.	The Advisory Committee (10 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.

6.	The Advisory Committee (10 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and the 2008 Settlement Notice.

7.	The Advisory Committee (10 Member States) agrees with the Commission on the final amounts of the fines.

8.	The Advisory Committee (10 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

Final Report of the Hearing Officer (1)

AT.40178 – Car Emissions

(Text with EEA relevance)

(2021/C 458/10)

The draft decision, addressed to DAIMLER (2), VW (3) and BMW (4) (collectively the ‘Parties’), concerns a single and continuous infringement of Article 101(1)(b) TFEU and Article 53(1)(b) of the EEA Agreement, covering the entire EEA, that took place between 25 June 2009 and 1 October 2014. The draft decision finds that the undertakings comprising the Parties participated in that infringement, which consisted in agreements and/or concerted practices in the form of competitor contacts, by which they coordinated their market conduct in respect of selective catalytic reduction (‘SCR’)-systems used in passenger cars with diesel engine sold in the EEA.

The case stems from an application for immunity from fines, followed by a leniency application from another undertaking.

On 18 September 2018, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (5) against the Parties.

On 5 April 2019, the Commission adopted a statement of objections addressed to the Parties (the ‘Original SO’) and granted them access to file.

On 18 October and 21 November 2019, the Hearing Officer received two respective requests for access to documents, under Article 7 of Decision 2011/695/EU, by BMW. Both requests were rejected in their entirety.

On 12 and 13 December 2019, the Commission received the Parties’ written submissions in response to the Original SO after several prolongations of the deadline, in which they also requested to develop their arguments at an oral hearing (6).

The Parties subsequently indicated that they would be interested in settlement discussions. The Commission formally offered the parties to switch to the settlement procedure pursuant to Article 10a of Regulation (EC) No 773/2004 on 2 February 2021. Following settlement discussions (7) and settlement submissions (8) in accordance with Article 10a(2) of Regulation (EC) No 773/2004, the Commission adopted a statement of objections under the settlement procedure (the ‘Settlement SO’) addressed to the Parties on 21 May 2021 (9).

In their respective replies to the Settlement SO, the Parties confirmed pursuant to Article 10a(3) of Regulation (EC) No 773/2004 that the Settlement SO reflected the contents of their settlement submissions and that they remained committed to following the settlement procedure.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the Parties have been afforded the opportunity of making known their views. I conclude that it does so.

In view of the above, and taking into account that the Parties have not addressed any further requests or complaints to me (10), I consider that the effective exercise of the procedural rights of the Parties to the proceedings in this case has been respected.

---

(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

(2)  Daimler AG.

(3)  Volkswagen AG (‘Volkswagen’), Audi AG (‘Audi’) and Dr. Ing. h.c. F. Porsche AG (‘Porsche’) (Volkswagen, Audi and Porsche together ‘VW’).

(4)  BMW AG.

(5)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(6)  In accordance with Article 12(1) of Regulation (EC) No 773/2004.

(7)  The settlement meetings took place between 23 February and 29 March 2021.

(8)  The Parties submitted their formal requests to settle on 27 and 28 April 2021.

(9)  In accordance with Article 12(2) of Regulation (EC) No 773/2004, the Parties had confirmed that they would only require having the opportunity to develop their arguments at an oral hearing if the Settlement SO would not reflect the contents of their settlement submissions.

(10)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases that engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004 may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

SUMMARY OF COMMISSION DECISION

of 8 July 2021

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement

(Case AT.40178 – Car Emissions)

(Notified under document number C(2021) 4955 final)

(Only the German text is authentic)

(Text with EEA relevance)

(2021/C 458/11)

On 8 July 2021, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (and Article 53/54 of the EEA agreement). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1) , the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

(1)

On 8 July 2021, the Commission adopted a Decision concluding that the addressees of this Decision participated in a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union (‘the Treaty’) and Article 53 of the EEA Agreement.

(2)

This Decision concerns anti-competitive conduct in connection with the development of selective catalytic reduction (‘SCR’)-systems for passenger cars with diesel engine. The anti-competitive conduct took place from 25 June 2009 to 1 October 2014 (‘the relevant period’).

(3)

The decision is addressed to the following legal entities that belong to the following undertakings (hereafter ‘the parties’): — DAIMLER: Daimler AG — VW: Volkswagen Aktiengesellschaft, Audi Aktiengesellschaft and Dr. Ing. h.c. F. Porsche Aktiengesellschaft — BMW: Bayerische Motoren Werke Aktiengesellschaft

2.   CASE DESCRIPTION

2.1.   Procedure

(4)

DAIMLER applied for immunity pursuant to the Leniency Notice (2) and reported on 9 December 2015 relevant anti-competitive contacts. On 4 July 2016, VW applied for leniency. In October 2017, the Commission carried out inspections in the premises of BMW, DAIMLER, Audi and Volkswagen. On 18 September 2018, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 against the parties. On 5 April 2019, the Commission adopted a Statement of Objections in ordinary procedure.

(5)

Subsequently the parties had full access to the parts of the file relevant for the infringement here at issue. The parties replied to the Statement of Objections after several prolongations of the deadline and indicated that they would be interested in settlement discussions. On 2 February 2021, the Commission formally offered the parties to switch to the settlement route. All parties responded that they were prepared to enter into settlement discussions. By 28 April 2021, the parties introduced their formal settlement submissions to the Commission. On 21 May 2021, the Commission adopted a Statement of Objections under the settlement procedure. All the parties replied that it corresponded to the content of their settlement submissions.

(6)

On 5 July 2021, the Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion.

2.2.   Summary of the infringement

(7)

The coordination of DAIMLER, VW and BMW concerned the development of SCR-systems for diesel passenger cars that they developed and produced for the EEA and sold there (3). The parties agreed on 25 June 2009 on the use of small AdBlue tanks for the EEA with an effective range of 10 000 km which in their view corresponded for most car manufacturers to tank sizes of 8 to 10 litres and comparable AdBlue refill intervals. Smaller AdBlue tanks had advantages in terms of vehicle weight (and therefore fuel consumption and CO2-emissions) and available construction space. In 2011, DAIMLER, VW and BMW confirmed the medium-term goal of moving to smaller AdBlue tanks for Europe and therefore to shorter ranges between AdBlue refills. On this basis, DAIMLER, VW and BMW coordinated envisaged AdBlue tank sizes and ranges until 1 October 2014. However, DAIMLER, VW and BMW did not actually introduce uniform AdBlue tank sizes or ranges. Actual tank sizes remained well above the volumes discussed.

(8)

Assumed average AdBlue consumption can be deduced from AdBlue tank size and range between two refills of a car with liquid SCR-system. DAIMLER, VW and BMW based the decision of 25 June 2009 in favour of a range of 10 000 km (corresponding to AdBlue tank sizes of 8 to 10 litres for most car manufacturers) on an assumed average AdBlue-consumption of 0,8 to 1,0 litres per 1 000 km.

(9)

The manufacturers were aware that, with even higher quantities of AdBlue, more effective NOx-cleaning beyond regulatory requirements would have been possible under certain real driving conditions for various vehicle models (‘over-fulfilment’). Larger quantities of AdBlue would have led to a shorter range or required bigger AdBlue tanks.

(10)

Against this background, DAIMLER, VW and BMW signalled to each other through their common understanding that AdBlue-consumption would increase with introduction of stricter regulatory requirements that they did not strive for over-fulfilment.

(11)

In addition, DAIMLER, VW and BMW exchanged information on the characteristics of different vehicle models in terms of AdBlue tank sizes, ranges and assumed average consumption for the EEA. This exchange of information increased the transparency that already existed between them in respect of possible uses of certain aspects of SCR-technology. DAIMLER, VW and BMW also discussed the possibility of placing vehicle models on the market, which complied with regulatory requirements already before they became obligatory (‘pre-fulfilment’).

(12)

The meeting of the parties on 25 June 2009, where the parties agreed AdBlue tank sizes and ranges, should be determined as start of the infringement. 1 October 2014, when the parties confirmed during a meeting that an understanding on uniform tank size would not be possible, should be determined as end date.

(13)

The previously described agreements and/or concerted practices concerning SCR-systems for new diesel passenger car models in the form of a restriction of competition by object constitute an infringement of Article 101(1) of the Treaty and Article 53(1) of the EEA Agreement.

(14)

This procedure exclusively concerns a coordination on technical aspects, not on prices, costs or quantities.

2.3.   Addressees

2.3.1.   Daimler

(15)

Daimler AG as direct participant is liable for the infringement throughout the relevant period.

2.3.2.   VW

(16)

Volkswagen Aktiengesellschaft (as direct participant throughout the relevant period, as well as as parent company of Audi Aktiengesellschaft throughout the relevant period and of Dr. Ing. h.c. F. Porsche Aktiengesellschaft from 7 December 2009 until 1 October 2014) and Audi Aktiengesellschaft, as direct participant throughout the relevant period, are jointly and severally liable for the infringement.

(17)

Dr. Ing. h.c. F. Porsche Aktiengesellschaft as direct participant is liable for the infringement throught the relevant period and jointly and severally liable with Volkswagen Aktiengesellschaft and Audi Aktiengesellschaft for the period from 7 December 2009 until 1 October 2014.

2.3.3.   BMW

(18)

Bayerische Motoren Werke Aktiengesellschaft as direct participant is liable for the infringement throughout the relevant period.

2.4.   Remedies

(19)

The decision applies the 2006 Guidelines on Fines (4).

2.4.1.   Basic amount of the fine

(20)

For the calculation of the relevant value of sales, the turnover is used, which the parties achieved in 2013, the last full business year of their participation in the infringement, with sales of new diesel passenger cars with SCR-system. In view of the nature and the geographic scope of the infringement, the proportion of the value of sales taken into account is 16 %. This amount is multiplied by the number of years or by fractions of the year respectively of the parties’ participation in the infringement. The multiplier for the duration of the infringement is calculated on the basis of calendar days. All parties participated in the infringement throughout the entire period of the infringement. Duration (in days) Multiplication factor 1 925 5,27

(21)

In order to deter the parties to participate in a cartel the variable amount is increased, irrespective of the duration of the parties’ participation in the infringement, with a percentage of the relevant turnover (so-called ‘entry fee’) set at 16 %.

2.4.2.   Adjustments to the basic amount

(22)

No aggravating circumstances were found. As mitigating factor, the fact was taken into account that the Commission had no previous enforcement practice as regards sanctioning cartels solely on the basis of an infringement of Article 101(1)(b) of the Treaty. The Commission therefore considered it appropriate to exceptionally reduce the fines to be imposed by 20 % for all parties.

2.4.3.   Application of the 10 % turnover limit

(23)

None of the fines calculated for any of the parties exceeds 10 % of the undertaking’s total turnover in 2020.

2.4.4.   Application of the 2006 Leniency Notice: Reduction of the fines

(24)

DAIMLER was the first undertaking to submit information and evidence meeting the conditions of point 8(a) of the 2006 Leniency Notice. Therefore DAIMLER was granted immunity from fines.

(25)

Taking into account the time of the application and the added value of the information, the fine for VW was reduced by 45 %.

2.4.5.   Application of the Settlement Notice

(26)

In application of the Settlement Notice, the fine to be imposed on each party was reduced by an additional 10 %.

3.   CONCLUSION

(27)

Pursuant to Article 23(2) of Regulation (EC) No 1/2003, the following fines were imposed: a) Daimler AG: EUR 0; b) Volkswagen Aktiengesellschaft, Audi Aktiengesellschaft and Dr. Ing. h.c. F. Porsche Aktiengesellschaft, jointly and severally: EUR 466 172 000; Volkswagen Aktiengesellschaft and Audi Aktiengesellschaft, jointly and severally: EUR 36 190 000; c) Bayerische Motoren Werke Aktiengesellschaft: EUR 372 827 000.

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(1)  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

(2)  Commission notice on immunity from fines and reduction of fines in cartel cases (OJ C 298, 8.12.2006, p. 17).

(3)  Porsche did not develop, produce or apply data in its own SCR-systems in the relevant period.

(4)  OJ C 210, 1.9.2006, p. 2.

Annual report on EU Joint Undertakings for the financial year 2020

(2021/C 458/12)

The European Court of Auditors will publish its annual report for the 2020 financial year on EU Joint Undertakings together with their replies on 12 November 2021.

The report can be consulted directly or downloaded from 9.00 on 12 November 2021, at the European Court of Auditors’ website:

https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=59817

Report on the performance of the EU budget – Status at the end of 2020

(2021/C 458/13)

The European Court of Auditors will publish its Report on the performance of the EU budget – Status at the end of 2020, together with the institutions’ replies, on 15 November 2021.

The report can be consulted directly or downloaded at the European Court of Auditors’ website on 15 November 2021: https://www.eca.europa.eu/Lists/ECADocuments/annualreport-Performance-2020/annualreport-Performance-2020_EN.pdf

The following link to an overview of this report and related documents will become active at the same time: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=58660

Prior notification of a concentration

(Case M.10455 – CVC / PANZANI)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 458/14)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

Prior notification of a concentration

(Case M.10505 – CKA / CKI / UKPN)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 458/15)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.