7.7.2017

EN

Official Journal of the European Union

C 218/1

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COMMISSION NOTICE

Guidance on the monitoring and reporting of data on the registration of new light duty vehicles

(2017/C 218/01)

DISCLAIMER This guidance notice is intended to facilitate the collection, submission and assessment of CO2 monitoring data for light duty vehicles by indicating the Commission’s interpretation of the relevant provisions of Regulations (EC) No 443/2009 and (EU) No 510/2011 of the European Parliament and of the Council. While this note seeks to assist authorities and operators, only the Court of Justice of the European Union is competent to authoritatively interpret Union legislation.

1.   INTRODUCTION

According to Article 8 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (1) and Article 8 of Regulation (EU) No 510/2011 of the European Parliament and of the Council (2) as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles, Member States must every year record and transmit certain data on new passenger cars and new light commercial vehicles to the Commission. That data will be the basis for determining the average specific emissions of CO2 and the specific emissions target for manufacturers of new passenger cars and new light commercial vehicles and will also serve for the assessment of whether manufacturers comply with those targets. Commission Regulation (EU) No 1014/2010 (3) and Commission Regulation (EU) No 293/2012 (4) is to ensure the consistency of the data to be transmitted by the Member States by setting out rules on the collection and reporting of that data.

The Commission published a Communication in 2010 (5) in order to facilitate the collection, submission and assessment of the required data when applying Regulation (EC) No 443/2009 and to provide guidance to Member States on the data to be provided and the format to be used as well as the calculation methodology used. The present Commission Notice updates Communication COM(2010) 657 final taking account of:

—	Regulation (EU) No 333/2014 of the European Parliament and of the Council (6);

—	Regulation (EU) No 510/2011 as amended by Regulation (EU) No 253/2014 (7) to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles;

—	The correlation methodology for the introduction of the World-wide harmonized Light vehicles Test Procedure (WLTP) as set out in Commission Implementing Regulation (EU) 2017/1153 (8) as well as Commission Implementing Regulation (EU) 2017/1152 (9).

The modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars, the emission performance standards for new light commercial vehicles and the introduction of WLTP affect data reporting and the methodology used to calculate the average specific emissions of CO2 and the specific emissions target of manufacturers of light duty vehicles. From 1 September 2017 the new regulatory test procedure for measuring CO2 emissions and fuel consumption from light duty vehicles WLTP set out in Commission Regulation (EU) 2017/1151 (10), will gradually replace the New European Test Cycle (NEDC), which is currently used pursuant to Commission Regulation (EC) No 692/2008 (11).

With the introduction of the WLTP more realistic and robust fuel consumption and CO2 emission data will be available which is key for the further implementation of a low emission mobility strategy as called for in the recommendation by the European Parliament following the inquiry into emission measurements in the automotive sector. Taking account of the relevant changes and with a view to contributing to an effective implementation of the low emission mobility Strategy adopted by the Commission in July 2016 (12), this Commission Notice aims to facilitate the collection, submission and assessment of the data by providing guidance to Member States on the data to be provided and the format to be used and by providing clarity to manufacturers on the calculation methodology used to assess their compliance with their specific emissions target. Further guidance may be provided on an ad hoc basis.

2.   DATA

2.1.   Data sources

Until the full introduction of WLTP in 2018, the main data sources to be used by the Member States to collect the monitoring data are the certificates of conformity or, where that source is not used for the purpose of registering a vehicle, the type approval documentation. As the type approval documentation may contain ranges of values, it is necessary that the Member State ensures that the data retrieved from the type approval documentation is in agreement with the data resulting from the certificate of conformity.

With the introduction of WLTP, a specific CO2 emission value will be calculated and recorded only in the certificate of conformity of each individual vehicle. In order to effectively monitor and verify those values, it will be necessary to use vehicle identification numbers (VIN) as the basis for the monitoring also for new passenger cars (as is already the case for new light commercial vehicles). As a consequence, the certificates of conformity will be the only data source for collecting and reporting WLTP based CO2 monitoring from 2018 onwards (VIN data may be provided on a voluntary basis already for 2017 when WLTP will be phased in).

It should be noted that the processing of the VIN will not in accordance with Article 9a(2) of Regulation (EU) No 1014/2010 include the processing of any personal data that could be linked to those numbers or any other data that could permit the linking of vehicle identification numbers with personal data.

2.2.   List of manufacturers

Data, as specified in the relevant legislation and as explained below, has to be monitored and recorded in relation to each manufacturer with new vehicle registrations in the Union. Each manufacturer has to meet specific emissions target under Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011. As a result, it is important that each manufacturer is clearly identified (13). In order to harmonize the identification of the relevant manufacturers, a common list of manufacturers' names has been established and is updated annually (14). Member States are to use that list as a basis for reporting as specified in Article 8(2) of Regulation (EU) No 1014/2010 and in Article 9(2) of Regulation (EU) No 293/2012 together with the VINs. As Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 apply to manufacturers from inside and outside the EU, no differentiation according to the location of the manufacturer can be accepted. However, in accordance with Article 7 of Regulation (EU) No 1014/2010 and with Article 8 of Regulation (EU) No 293/2012, an exception is to be made where vehicles are not covered by EC type-approval but are subject to national type-approval of small series or to individual approval. In those cases, Member States instead of using the manufacturers' names they are to use the denominations referred to in that Article, i.e. ‘AA-IVA’ for vehicle types approved individually and ‘AA-NSS’ for vehicle types approved nationally in small series.

2.3.   Data requirements

According to Article 8(2) of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 the competent authorities in the Member States must report all data as specified in Annex II to these Regulations. Should any relevant data be missing in the source used as a basis for registration, the competent authorities should request manufacturers to complete the dataset. The competent authorities are responsible for ensuring that all relevant data is present at the time of registration and delivered to the Commission and the European Environment Agency (EEA) by the deadline as further specified in section 2.4. In the case of vehicles subject to national type approval of small series or individual type approval, only the number of registrations is required; the other information can be submitted on a voluntary basis.

As Member States are responsible for ensuring the maintenance, collection, control, verification and transmission of the monitoring data as referred to in Article 4 of Regulation (EU) No 1014/2010 and Regulation (EU) No 293/2012, it is expected that national authorities exercise due diligence in ensuring that the data delivered to the Commission is as accurate as possible.

With the introduction of WLTP, new data requirements arise. Due to the required extensive adaptations of vehicle registration and CO2 monitoring systems, Member States may gradually introduce the new monitoring parameters in 2017 with the complete new dataset being mandatory from 2018. The 2017 data to be reported in 2018 should include as a minimum the data required for target compliance purposes and for preventing abuse of the correlation procedure. The data requirements will be phased in as follows and will be mandatory from 2017 and 2018 respectively:

—	from 2017, i.e. dataset to be delivered in 2018, the following additional data requirements will be mandatory: — Verification factor (where available (15)) — Deviation factor De (where available (16))

—

from 2018, i.e. dataset to be delivered in 2019, the following additional data requirements will be mandatory: — Specific emissions of CO2 (WLTP) — Total WLTP CO2 emissions savings due to the eco-innovation(s) — Vehicle identification number — WLTP test mass — Category of the vehicle registered (17) — Vehicle family identification number.

3.   DATA TRANSMISSION

In order to ensure timely and efficient communication between the competent authorities, manufacturers and the Commission, it is advisable that the competent authorities, designated in accordance with Article 8(7) of Regulation (EC) No 443/2009 (18) and responsible for the transmission of the data, appoint at least two officials as contact points and inform the Commission of their names and contact details. The officials should subscribe to the Central Data Repository of the EEA’s European Environment Information and Observation Network (Eionet) (19).

According to Article 2 of Regulation (EU) 1014/2010 the Member State is to notify the Commission when the data has been uploaded to the Central Data Repository. For that purpose the Member State is advised to send an e-mail to the Commission's functional mailbox EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu with copy to the EEA functional mailbox CO2-monitoring@eea.europa.eu. The data will be kept in a database that will be managed for the Commission by the EEA. The provisional and final datasets, as notified to the manufacturers, will be made accessible to the public via the Internet.

Member States are to validate and send the complete set of data by 28 February of each calendar year in accordance with Article 8(2) of Regulation (EC) 443/2009 and Regulation (EU) 510/2011.

3.1.   Format

The data should be transmitted using two separate .xml files, one for the aggregate data and one for the detailed data as specified in Annex II to Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011. Further specifications of the .xml files are provided in the guidelines published on CIRCABC (20).

3.2.   Verification

Data and .xml coding can be independently verified by each Member State. However a lay-out in the form of a text file will be placed on the CIRCABC website (21) and Member States are strongly encouraged to used it for quality assurance before sending the data for the respective reporting year.

4.   CALCULATION METHODOLOGY

The calculation of manufacturers' performance is described below with particular attention on the year 2020 when the phase-in provision and super-credit regime (for cars) and the eco-innovation savings (for cars and vans) will be applicable. Although the calculation methodology makes specific reference to the provisions of Regulation (EC) No 443/2009 for new passenger cars, the same approach should be followed under Regulation (EU) No 510/2011 for new light commercial vehicles taking account of the specific provisions therein. A concrete example on how the methodology is applied is provided in the Annex.

4.1.   Average specific emissions

In order to take into account the phase-in percentage (95 %) set out in Article 4 of Regulation (EC) No 443/2009 for the calculation of the average specific emissions of CO2 for manufacturers in 2020, including manufacturers referred to in Article 11(1) and Article 11(4) of that Regulation, it is necessary to select the vehicles according to their specific emissions of CO2. Only 95 % of the newly registered vehicles, those with the lowest emissions, will be selected for the calculation of the average specific emissions.

The specific emissions of CO2 should, where applicable, be the emissions reduced by the eco-innovation savings approved by the Commission pursuant to Article 12 and Commission Implementing Regulation (EU) No 725/2011 (22). According to Article 12(1) the total contribution of eco-innovation savings to reducing the average specific emissions of a manufacturer may be up to 7 g CO2/km each year. Any eco-innovation savings above this threshold will not be taken into account.

In calculating the average specific emissions of CO2 of a manufacturer in the period from 2020 to 2022 account should also be taken of vehicles falling within the category specified in Article 5a of Regulation (EC) No 443/2009 subject to a cap of 7,5 g CO2/km over that period for each manufacturer.

More precisely, when determining the specific emissions for the purpose of calculating the average specific emissions of CO2 for a manufacturer, the Commission will apply the relevant provisions of Regulation (EC) No 443/2009 in the following order:

Selection of vehicles for the calculation of the average specific emissions of CO2 (in view of the phase-in provision in 2020)

(a)	Article 12: deduct the eco-innovation savings specified in the certificates of conformity in accordance with Commission Implementing Regulation (EU) No 725/2011 from the specific emissions;

(b)	Article 4: sort the registrations of new passenger cars by their emissions of CO2 as determined in point (a) in increasing order and include in the calculation of the average specific emissions of CO2 95 % of all registered vehicles with the lowest emissions;

Calculation of the average specific emissions of CO2

(c)	Article 4: calculate the average specific emissions of CO2 for all vehicles selected according to point (b) without considering the provisions on super-credits in Article 5a or eco-innovations in Article 12;

(d)	Article 5a: for the calendar years 2020, 2021, and 2022 and for those cars having specific emissions of CO2 less than 50 g CO2/km, based on measured NEDC CO2 values, multiply the specific emission of CO2 by the relevant factor set out in Article 5a of Regulation (EC) No 443/2009;

(e)	Article 5a: for the calendar years 2020, 2021, and 2022 and for those cars having specific emissions of CO2 less than 50 g CO2/km, multiply the CO2 emission savings from eco-innovations by the relevant factor set out in Article 5a;

(f)

Article 12(1): determine eco-innovation savings using the following formula: Where eii is eco-innovation savings of each registration (vehicles not fitted with eco-innovations should be considered having 0 g CO2/km savings); rsc, i is the number of registration(s) multiplied, if applicable, by the super-credit factor according to Article 5a; N is the number of registrations selected in accordance with point (b) for which the manufacturer is responsible. If the eco-innovation savings exceed 7 g CO2/km, the savings must be limited to that value as provided for in Article 12(1);

(g)

Article 5a: determine the super-credit savings using the following formula: Where CO2,∅ is the average emissions of CO2 for all selected vehicles without considering eco-innovations and super-credits calculated in accordance with point (c); ei is the specific emissions of CO2; rsc,i is the number of registration(s) multiplied, if applicable, by the super-credit factor according to Article 5a; N is the number of registrations selected in accordance with point (b) for which the manufacturer is responsible. Where the super-credit savings exceed the 7,5 g CO2/km cap referred to in Article 5a, second paragraph, the savings must be limited to that value. If the super-credit savings in one year are below 7,5 g CO2/km, the remaining super-credit cap will be taken into account in the subsequent year(s);

(h)	Calculate the average specific emissions of CO2 taking account of point (c), (f), and (g).

4.2.   Specific emissions target

When calculating the average mass for the purpose of determining the specific emissions target using the formula in Annex I for manufacturers, the Commission will take into account the mass of all vehicles without applying the provisions in Article 4 and Article 5 of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 concerning the phase-in and super-credits.

A manufacturer which, together with all of its connected undertakings, is responsible for fewer than 1 000 new registrations in the Union may be exempt from meeting a specific emissions target pursuant to Article 2(4) of Regulation (EC) No 443/2009 and Regulation (EU) 510/2011. The criteria for being considered a connected undertaking in that sense are set out in Article 3(2) of these Regulations. However, if a manufacturer has applied for and been granted a derogation target pursuant to Article 11 of Regulation (EC) No 443/2009 after 8 April 2014 or pursuant to Article 11 of Regulation (EU) No 510/2011 after 1 March 2014, the manufacturer will be subject to the obligation to meet that derogation target, independently of whether the number of new registered vehicles in the Union a manufacturer is responsible for is lower than 1 000.

5.   POOLING

5.1.   Pools

According to Article 7 of Regulation (EC) No 443/2009 and Regulation (EU) 510/2011 manufacturers may form pools. There are two types of pools specified in paragraphs 5 and 6 of Article 7. Article 7(5) refers to open pools that are formed by manufacturers that are not connected undertakings. These pools are open to any other manufacturer wishing to enter the pool if the conditions under Article 7(5) are met.

Pools that are formed by manufacturers belonging to a group of connected undertakings can be referred to as closed pools and fall under Article 7(6).

Manufacturers that wish to form a pool must pursuant to Article 7 of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 should demonstrate that they fulfil the conditions for forming a closed pool by submitting the relevant supporting information together with a completed pooling declaration to the Commission's functional mailbox EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu

The Commission will consider the year in which a pool was notified as the first year in which the pooling arrangement is applicable. In case the manufacturers decide to dissolve the pool before the date indicated in the notification or any of the conditions for forming a pool under Article 7 are not met anymore, the Commission must be notified and the pool will cease to exist as of the following calendar year.

5.2.   Pool performance

Pools are formed ‘for the purpose of meeting their obligations under Article 4’ according to Article 7(1) and a pool ‘shall be considered as one manufacturer for the purposes of meeting their obligations under Article 4’ according to Article 7(7) of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011. For the calculation of the pool performance a pool is therefore treated as if it was a single manufacturer. The selection of vehicles under the phase-in provision as well as the calculation of the average specific emissions of CO2 and the specific emissions target will follow the same order as outlined in section 4.

In the case of changes to existing pools during the period from 2020 to 2022 super-credit savings from which pool members benefitted in the previous pool(s) will be taken into account when determining the remaining super-credit cap for the pool(s) in the subsequent year(s).

6.   TRANSITION FROM NEDC TO WLTP

Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 are based on the emissions measured on the NEDC. This is why, as a result of the introduction of WLTP, those Regulations need to be adjusted to WLTP whilst ensuring that the stringency of the reduction requirements remains comparable to those determined by reference to the emissions measured on NEDC. This section sets out how the specific emissions target and the super-credit cap (for cars) are translated into WLTP values and how eco-innovation savings are adjusted to WLTP values.

6.1.   Selection of CO2 emissions

For the monitoring data for calendar years 2017 to 2020 inclusive, the average specific emissions of a manufacturer are to be calculated based on NEDC CO2 emission values in order to determine the manufacturer's compliance with its specific emissions target. With effect from 1 January 2021 the average specific emissions are to be calculated based on WLTP CO2 emission values in order to determine the manufacturer's compliance with its specific emissions target. For calendar years 2019 and 2020 the average specific emissions based on WLTP CO2 values are to be calculated for each manufacturer for information purposes only.

6.2.   Translation of the specific emissions target

A manufacturer's specific emission target will be determined based on WLTP emission measurements from 2021. In order to set that target a comparison will be made between the manufacturer's compliance with its NEDC based target in 2020 and its average WLTP emissions in that year. Those average WLTP emissions will be used as a reference value to be either increased or decreased in order to determine a WLTP reference target, e.g. if a manufacturer's average NEDC emissions are lower than its NEDC based target in 2020 the WLTP reference target will be higher than the reference value, or if the manufacturer exceeds its NEDC based target, the reference value will be decreased, i.e. the new WLTP reference target will be lower than the reference value. In order to ensure that the WLTP based specific emission targets remain comparable over time, account will also be taken of annual changes in the average mass of the manufacturer's fleet.

The formulae for calculating the WLTP reference target and the subsequent specific emissions targets are set out in Annex I to Regulation (EC) No 443/2009, as amended by Commission Delegated Regulation (EU) […/…] (23), and Regulation (EU) No 510/2011, as amended by Commission Delegated Regulation (EU) […/…] (24).

6.3.   Translation of the super-credit cap

Super-credits, i.e. incentivising low emitting vehicles by counting them as more than one vehicle for the purpose of determining the average specific emissions of a manufacturer, will be available in 2020 to 2022 as provided for in Article 5a of Regulation (EC) No 443/2009. In 2020 only NEDC CO2 emission values will be needed to implement this modality, however, in order to continue to benefit from super-credits also in the years 2021 and 2022 manufacturers need to ensure that the vehicles registered in those years have both NEDC and WLTP CO2 emission values recorded in their certificates of conformity.

For 2021 and 2022 this means the following:

—	The NEDC CO2 emission value will be needed to determine whether a vehicle is eligible for super credits, i.e. the NEDC emissions of a super-credit vehicle must be less than 50 g CO2/km;

—	The WLTP CO2 emission value will be needed to calculate the super-credit effect for the purpose of determining the average specific emissions of the manufacturer in 2021 and 2022.

Article 5a of Regulation (EC) No 443/2009 also caps the super-credits at 7,5 g CO2/km that may be used during the period 2020 to 2022. It is likely that part of the cap is used in 2020, i.e. under NEDC conditions, while the remainder should be available for 2021 and 2022. Article 5 of Implementing Regulation (EU) 2017/1153 provides a methodology for recalculating the remaining cap WLTP CO2 emissions in 2021 and 2022. The remaining cap will then be used for the calculation specified in point (g) of section 4.1 of this Notice.

6.4.   Adjustment of eco-innovation CO2 savings

According to Article 6 of Implementing Regulation (EU) 2017/1153 (passenger cars) and Article 5 of Implementing Regulation (EU) 2017/1152 (light commercial vehicles), with effect from 1 January 2021, only CO2 savings due to eco-innovations, within the meaning of Article 12 of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011, that are not covered by WLTP are to be taken into account for the calculation of the average specific emissions of a manufacturer. For calendar years 2021, 2022, and 2023 the eco-innovation savings, as calculated under point (f) of section 4.1 of this Notice, will be adjusted in accordance with Article 6 of Implementing Regulation (EU) 2017/1153 (passenger cars) and Article 5 of Implementing Regulation (EU) 2017/1152 (light commercial vehicles). From calendar year 2024 eco-innovation savings will be taken into account for the calculation of the specific average emissions without adjustment.

6.5.   Determination and correction of NEDC CO2 values for the calculation of the specific average emissions

The correlation procedures set out in Implementing Regulation (EU) 2017/1153 (passenger cars) and Implementing Regulation (EU) 2017/1152 (light commercial vehicles) (‘Correlation Regulations’) include the use of a vehicle simulation tool (‘the correlation tool’) to replace physical vehicle testing. There is a risk that the correlation tool delivers CO2 emission values that are unrealistically low. The Regulations therefore provides for a correction mechanism to ensure that such situations are not abused.

In accordance with point 3.2.8 of Annex I to Correlation Regulations a Deviation (De) factor and a Verification factor are in specific cases to be determined by the type approval authority/technical service and entered in the Type Approval Certificate (see the appendix to the addendum to the Type Approval Certificate set out in Appendix 4 to Annex I to the WLTP Regulation) and be recorded in entry 49 of the Certificate of Conformity by the manufacturer.

The De and Verification factors are to be monitored by Member States from 2017.

A De factor is to be determined and recorded in the following cases:

—	a physical vehicle test is performed as a result of a random selection in accordance with point 3.2.6 of Annex I to the Correlation Regulations (the random selection results from the correlation tool output);

—	a physical vehicle test is performed as a result of a specific request by the type approval authority in accordance with point 3.2.7 of Annex I to the Correlation Regulations;

A Verification factor is to be determined and recorded in the following case:

—	a deviation in the input data is found and confirmed following a verification by the type approval authority as a result of a physical vehicle test (point 3.2.8).

In all other cases, the respective entries for the De and Verification factors in the type approval certificate and certificate of conformity are to be left empty.

If the De factor exceeds 0,04, or if the Verification factor is 1, the average specific emissions of the manufacturer concerned are to be corrected in accordance with Article 7 of the Correlation Regulations.

The Verification factor shall be set to 0 when the input data is verified and confirmed to be valid or if the deviation in the input data is to the detriment of the manufacturer.

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(1)  Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1).

(2)  Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1).

(3)  Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 293, 11.11.2010, p. 15).

(4)  Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1).

(5)  Communication from the Commission on the monitoring and reporting of data on the registration of new passenger cars, COM(2010) 657 final.

(6)  Regulation (EU) No 333/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars (OJ L 103, 5.4.2014, p. 15).

(7)  Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles (OJ L 84, 20.3.2014, p. 38).

(8)  Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

(9)  Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 644).

(10)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

(11)  Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).

(12)  COM(2016) 501 final.

(13)  Entry 0,5 in the CoC; Article 3(1)(c) of Regulation (EC) No 443/2009/EC and Article 3(1)(f) of Regulation (EU) No 510/2011: ‘manufacturer means the person or body responsible to the approval authority for all aspects of the EC type-approval procedure in accordance with Directive 2007/46/EC and for ensuring conformity of production.’

(14)  https://circabc.europa.eu/sd/a/00e8fe6c-3ad8-4e9f-9a39-437501f609a4/Manufacturer_list.xls

(15)  This data parameter is not available for all vehicles, for more details see section 6.5 of this Notice.

(16)  COM(2016) 501 final.

(17)  It will be mandatory for cars as from 2018, it is already mandatory for vans.

(18)  Article 8(8) of Regulation (EU) No 510/2011 stipulates that the same competent authority are to be responsible for the collection and communication of the monitoring data for light commercial vehicles.

(19)  http://cdr.eionet.europa.eu/

(20)  http://circa.europa.eu/Members/irc/env/gge_ldv/library

(21)  http://circa.europa.eu/Members/irc/env/gge_ldv/library

(22)  Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Text with EEA relevance (OJ L 194, 26.7.2011, p. 19).

(23)  Not yet published in the Official Journal.

(24)  Not yet published in the Official Journal.

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7.7.2017

EN

Official Journal of the European Union

C 218/11

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COMMUNICATION FROM THE COMMISSION

Guidelines on the application of Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs)

(Text with EEA relevance)

(2017/C 218/02)

1.   INTRODUCTION

(1)

Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (hereinafter ‘Regulation 1286/2014’) (1) lays down uniform rules on the format and content of the key information document (hereinafter ‘KID’) to be drawn up by PRIIP manufacturers and on the provision of the KID to retail investors by PRIIP manufacturers and those selling, or advising on, those products.

(2)

The KID introduces a common standard for setting out retail investor information for a wide range of PRIIPs and enables retail investors to understand and compare the key features, risks, potential future performance and costs of PRIIPs, thus enabling retail investors to make informed investment decisions.

(3)

This Communication seeks to further facilitate the implementation of, and the compliance with, Regulation 1286/2014 by smoothing out potential interpretative divergences throughout the Union. It builds on the feedback from stakeholders received in a technical workshop on the implementation of the PRIIPs framework organised by the Commission on 11 July 2016, and subsequent queries received by the Commission, the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority.

(4)

This Communication does not contain or create new legal rules. The Commission’s position is without prejudice to any interpretation that the Court of Justice of the European Union may give to Regulation 1286/2014 in the future, or to any delegated or implementing act adopted pursuant to that Regulation.

2.   GUIDELINES

(5)

Products covered by Regulation 1286/2014 Manufacturers of retail investment and insurance products and persons advising on, or selling, those products to retail investors are responsible for assessing which products must comply with the provisions of Regulation 1286/2014. That assessment must take into account, in particular, the specific economic features and contractual terms and conditions of each product.

(6)

Products made available to retail investors against no consideration A product whose acquisition does not require payment by the retail investor, meaning that there is neither an initial payment nor any risk of future financial commitments by the retail investor, is not considered an investment within the meaning of Article 4(1) of Regulation 1286/2014 and, therefore, requires no KID.

(7)

Multi-option PRIIPs In view of the specific features of multi-option PRIIPs, namely where information required in Article 8(3) of Regulation 1286/2014 with regard to each underlying investment option cannot be provided within a single, concise stand-alone document, Article 6(3) of Regulation 1286/2014 only allows for derogation from the format of the single KID. Given the scope of that derogation, PRIIPs manufacturers of such multi-option PRIIPs must comply with all the other provisions of Regulation 1286/2014. Therefore, the KID produced in accordance with point (b) of Article 10 of the Commission Delegated Regulation (EU) 2017/653 (2) (hereinafter ‘Commission Delegated Regulation’), and in conjunction with Article 14(1) of the Commission Delegated Regulation, must also comply with Articles 13 and 14 of Regulation 1286/2014.

(8)

Insurance-based investment products with PRIIPs and non-PRIIPs as underlying investment options Regulation 1286/2014 requires that all insurance-based investment products be subject to uniform requirements in relation to the provision of the KID to retail investors, irrespective of whether the underlying investment options of those PRIIPs are themselves PRIIPs.

(9)

Changes to existing PRIIPs included in the definition of ‘PRIIP manufacturer’ Article 4(4) of Regulation 1286/2014 defines the ‘PRIIP manufacturer’ as an entity that manufactures PRIIPs or an entity that makes changes to an existing PRIIP including, but not limited to, altering its risk and reward profile or the costs associated with an investment in a PRIIP. That definition includes examples of changes to an existing PRIIP that would render an entity a ‘PRIIP manufacturer’ for the purposes of Regulation 1286/2014, but is not limited to those examples. The objective of Regulation 1286/2014 is to ensure that information provided in the KID is accurate, fair, clear and not misleading for retail investors and that it allows retail investors to compare different PRIIPs and to fully understand their individual features. However, the listing of an existing PRIIP on a secondary market may not automatically imply a change which alters its risk and reward profile or the costs associated with that PRIIP.

(10)

Territorial application Regulation 1286/2014 applies to all PRIIP manufacturers and persons advising on, or selling, PRIIPs made available to retail investors within the territory of the Union, including such entities and persons from third countries. Consequently, where retail investors within the territory of the Union decide to subscribe or purchase third country PRIIPs, the requirements established in Regulation 1286/2014 apply. In such cases, in accordance with Article 13(1) of Regulation 1286/2014, a person advising on, or selling, those PRIIPs must provide retail investors with a KID. Where applicable, sectorial rules laying down the conditions under which PRIIPs manufacturers or persons advising on, or selling, PRIIPs from third countries may carry out their activities within the Union must be observed and complied with (3). Where a PRIIP is only made available to investors outside the Union, a KID is not required.

(11)

Running offers on 1 January 2018 Regulation 1286/2014 does not provide for any specific transitional legal regime concerning PRIIPs made available to retail investors before 1 January 2018 that continue to be made available to retail investors after that date and it therefore applies to those PRIIPs.

(12)

Offers closed by 31 December 2017 Where a PRIIP is no longer made available to retail investors as of 1 January 2018 and changes to the existing commitments are only subject to the contractual terms and conditions agreed before that date, a KID is not required. Where those contractual terms and conditions allow exiting the PRIIP, but that PRIIP is no longer made available to other retail investors after 1 January 2018, a KID is not required.

(13)

Use of KIDs by UCITS Undertakings for collective investment in transferable securities (hereinafter ‘UCITS’) and alternative investment funds (hereinafter ‘AIFs’) which are subject to the requirement to produce the Key Investor Information Document (hereinafter ‘KIID’) under national law are exempt from the provisions of Regulation 1286/2014 by virtue of its Article 32(1) until 31 December 2019. Regulation 1286/2014 does not however include any provision which allows for replacing the KIID with the KID.

(14)

Translations of KIDs Under Article 7 of Regulation 1286/2014, a KID must be provided in a language prescribed by the Member State where the PRIIP is distributed in order to ensure that retail investors can understand it. The mere fact that the website of a person advising on, or selling, a PRIIP may also be accessed by retail investors from Member States other than the Member State in which the PRIIP is distributed by that person (i.e. is not made available to these retail investors), does not imply a requirement to provide the KID in languages prescribed by those other Member States Regulation 1286/2014 does not explicitly specify who should translate the KID if the PRIIP is to be made available cross-border. However, it is clear from Article 11 of Regulation 1286/2014 that the PRIIP manufacturer is responsible for the accuracy of the translation. Equally, Article 5(1) of Regulation 1286/2014 establishes that the translated KID must be published on the website of the PRIIP manufacturer.

(15)

Civil liability for information on the underlying investment options Article 11 of Regulation 1286/2014 does not exclude civil liability that may be incurred by manufacturers of PRIIPs in respect of the specific information on the different investment options where that information would prove to be misleading, inaccurate or inconsistent with the relevant parts of legally binding pre-contractual and contractual documents or with the requirements laid down in Regulation 1286/2014 and the Commission Delegated Regulation.

(16)

Distribution channels Regulation 1286/2014 does not distinguish between PRIIPs sold with or without advice provided to the retail investor, or acquired by the retail investor on its own initiative or otherwise. For any PRIIP made available to retail investors, a PRIIP manufacturer must draw up and publish for that product a KID on its website and a person advising on, or selling, that PRIIP must provide the retail investors with that KID.

(17)

PRIIPs only sold by intermediaries Even where a PRIIP is sold exclusively by persons other than the PRIIP manufacturer, the PRIIP manufacturer is required under Article 5(1) of Regulation 1286/2014 to draw up and publish a KID for that product on its website.

(18)

Distribution of a PRIIP without a KID A person advising on, or selling, a PRIIP must provide retail investors with the KID in accordance with Article 13 of Regulation 1286/2014. A distribution of a PRIIP without a KID is a breach of Regulation 1286/2014.

(19)

A non-PRIIP product offered alongside a PRIIP Where a non-PRIIP product is offered alongside a PRIIP and the information referred to in points (a) to (h) of Article 8(3) of Regulation 1286/2014 is not affected by the non-PRIIP product, the KID of that PRIIP may only refer to the non-PRIIP product in ‘Other relevant information’ section.

(20)

Adaptations to the KID Regulation 1286/2014 does not allow for any adaptation to the KID, including titles and sequence of sections.

(21)

Length of the KID Regulation 1286/2014 clearly states that the KID must be drawn up as a short document written in a concise manner and on a maximum of three sides of A4-sized paper when printed.

(22)

Specification of a competent authority Point (a) of Article 8(3) of Regulation 1286/2014 only requires that information about the competent authority of the PRIIP manufacturer be included in the KID, namely, information about the competent authority of the Member State where the PRIIP manufacturer is established, irrespective of whether that PRIIP manufacturer carries out activities across borders.

(23)

‘On demand’ or ‘real time’ KIDs Under Article 10(1) of Regulation 1286/2014, PRIIP manufacturers must revise the KID where a review indicates that changes need to be made. The revised KID shall be made available promptly. Neither Regulation 1286/2014 nor the Commission Delegated Regulation requires PRIIP manufacturers to provide ‘on demand’ or ‘real time’ KIDs. Unless the Commission Delegated Regulation specifies otherwise, the frequency with which the manufacturer must review and revise the KID depends on the nature of the PRIIP and the extent to which the information provided in the KID remains accurate and not misleading. At the same time, systems for producing the KID ‘on demand’ or in ‘real time’ are allowed, as long as the resulting revised KIDs comply with the rules of Regulation 1286/2014, including the publication on the website of the PRIIP manufacturer.

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(1)  OJ L 352, 9.12.2014, p. 1.

(2)  Commission Delegated Regulation (EU) 2017/653 of 8 March 2017 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (OJ L 100, 12.4.2017, p. 1).

(3)  For example, Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1), Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1), Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to the undertakings for collective investment in transferable securities (UCITS), Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading (OJ L 345, 31.12.2003, p. 64).

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7.7.2017

EN

Official Journal of the European Union

C 218/15

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Non-opposition to a notified concentration

(Case M.8504 — EDF Energy Services/ESSCI)

(Text with EEA relevance)

(2017/C 218/03)

On 29 June 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 32017M8504. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/15

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Non-opposition to a notified concentration

(Case M.8485 — Hitachi Group/Honda/JV)

(Text with EEA relevance)

(2017/C 218/04)

On 30 June 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 32017M8485. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/16

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Non-opposition to a notified concentration

(Case M.8429 — BNP Paribas/Caisse des Dépôts et Consignations/Société Générale/Euronext/Euroclear/S2IEM/CACEIS/JV)

(Text with EEA relevance)

(2017/C 218/05)

On 30 June 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 32017M8429. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/16

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Non-opposition to a notified concentration

(Case M.8467 — BNP Paribas/Commerz Finanz)

(Text with EEA relevance)

(2017/C 218/06)

On 29 June 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 32017M8467. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/17

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Non-opposition to a notified concentration

(Case M.8439 — Wärtsilä/CSSC/JV)

(Text with EEA relevance)

(2017/C 218/07)

On 30 June 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 32017M8439. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/17

---

Non-opposition to a notified concentration

(Case M.8490 — Blackstone/CPPIB/Ascend Learning)

(Text with EEA relevance)

(2017/C 218/08)

On 20 June 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 32017M8490. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/18

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Euro exchange rates (1)

6 July 2017

(2017/C 218/09)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1385
JPY	Japanese yen	129,01
DKK	Danish krone	7,4369
GBP	Pound sterling	0,88013
SEK	Swedish krona	9,6310
CHF	Swiss franc	1,0975
ISK	Iceland króna
NOK	Norwegian krone	9,5298
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	26,147
HUF	Hungarian forint	309,37
PLN	Polish zloty	4,2478
RON	Romanian leu	4,5933
TRY	Turkish lira	4,1367
AUD	Australian dollar	1,5008
CAD	Canadian dollar	1,4728
HKD	Hong Kong dollar	8,8918
NZD	New Zealand dollar	1,5697
SGD	Singapore dollar	1,5749
KRW	South Korean won	1 317,44
ZAR	South African rand	15,3470
CNY	Chinese yuan renminbi	7,7443
HRK	Croatian kuna	7,4055
IDR	Indonesian rupiah	15 242,24
MYR	Malaysian ringgit	4,8938
PHP	Philippine peso	57,733
RUB	Russian rouble	68,4881
THB	Thai baht	38,800
BRL	Brazilian real	3,7639
MXN	Mexican peso	20,9250
INR	Indian rupee	73,7325

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

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7.7.2017

EN

Official Journal of the European Union

C 218/19

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Update of the list of national services responsible for border controls as referred to in Article 16(2) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1)

(2017/C 218/10)

The publication of the list of national services responsible for border controls as referred to in Article 16(2) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2) is based on the information communicated by the Member States to the Commission in conformity with Article 39 of the Schengen Borders Code.

In addition to the publication in the Official Journal, a regular update is available on the website of the Directorate-General for Migration and Home Affairs.

GREECE

Replacement of the information published in OJ C 360, 10.12.2013.

The national service responsible for border controls: Ελληνική Αστυνομία (Helliniki Astynomia — Hellenic Police), Λιμενικό Σώμα (Limeniko Soma — Hellenic Coast Guard), Τελωνεία (Telonia — Customs), Πολεμικό Ναυτικό (Polemiko Naytiko — Hellenic Navy).

List of previous publications

OJ C 247, 13.10.2006, p. 17.

OJ C 77, 5.4.2007, p. 11.

OJ C 153, 6.7.2007, p. 1.

OJ C 164, 18.7.2007, p. 45.

OJ C 153, 6.7.2007, p. 21.

OJ C 331, 31.12.2008, p. 15.

OJ C 87, 1.4.2010, p. 15.

OJ C 180, 21.6.2012, p. 2.

OJ C 98, 5.4.2013, p. 2.

OJ C 256, 5.9.2013, p. 14.

OJ C 360, 10.12.2013, p. 17.

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(1)  See the list of previous publications at the end of this update.

(2)  OJ L 77, 23.3.2016, p. 1.

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7.7.2017

EN

Official Journal of the European Union

C 218/20

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NOTICE OF INITIATION

Union examination procedure on obstacles to trade within the meaning of Regulation (EU) 2015/1843 applied by the Republic of Turkey consisting of measures affecting the import of uncoated wood free paper

(2017/C 218/11)

The European Commission decided in accordance with Article 9(1) of Regulation (EU) 2015/1843 (1) to initiate a Union examination procedure following a complaint lodged by an industry association on an obstacle to trade.

1.   Products concerned

Uncoated wood free paper covered under the following headings of the Harmonised System: 4802.55.15.10.00, 4802.55.25.10.00, 4802.55.30.10.00, 4802.55.90.10.00, 4802.56.20.20.00, 4802.56.80.10.00, and 4802.57.00.10.00.

2.   Country concerned

Republic of Turkey

3.   Summary of the complaint

The complaint concerns the import surveillance system Turkey introduced as of 28 September 2015 for uncoated wood free paper. That import surveillance system, which according to the complaint introduced a specific import licencing requirement, would apply only to paper imported into Turkey at a customs value of 1 200 USD per tonne or less, a threshold which would cover all imports from the European Union.

According to the complaint, it is impossible for an importer to obtain such import licence due to the specific information requirements of the licencing procedure. To obtain an import licence, the Turkish authorities allegedly request information to which only the producers of the paper have access. For this reason, importers would allegedly see no alternative than to declare a customs value above 1 200 USD per tonne of imported paper even if the actual import value is below this amount.

The complaint also claims that such a declaration of value in excess of the actual value creates, as a secondary effect, an additional charge for the importer of the product as the refund for value-added tax paid upon importation is allegedly limited to the amount of value-added tax collected on the actual sales price and the actual sales price is always below the declared import price. The value-added tax on the difference between those prices would therefore constitute an additional tax levied on imported paper.

The complaint claims that the measures adopted by Turkey could be incompatible with Articles 5 and 50 of the Customs Union Agreement, Articles III:2 and XI:1 of GATT 1994 and the WTO Agreement on Import Licensing Procedures.

4.   Procedure

Interested parties may submit information in writing on specific issues raised by the complaint or provide supporting evidence.

Furthermore, the Commission will hear any interested parties who so request in writing, provided that they are primarily concerned by the result of the procedure.

5.   Time limit

Any information relating to the matter and any request for a hearing should reach the Commission not later than 45 days following the date of publication of this notice and should be sent in writing to:

European Commission

Directorate-General for Trade

TRADE.F.2 – Trade Barrier Complaints

CHAR 6/135

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: trade-tbr@ec.europa.eu

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(1)  Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 272, 16.10.2015, p. 1).

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7.7.2017

EN

Official Journal of the European Union

C 218/22

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Prior notification of a concentration

(Case M.8537 — Moody’s/Bureau Van Dijk Electronic Publishing)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 218/12)

1.

On 29 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Moody's Corporation (‘Moody’s’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Bureau Van Dijk Electronic Publishing BV (‘BvD’, the Netherlands) by way of a purchase of shares.

2.	The business activities of the undertakings concerned are: —   for Moody's: credit ratings, research, tools, analysis and professional services related to financial markets; —   for BvD: company information and other business intelligence services.

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 this Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8537 — Moody’s/Bureau Van Dijk Electronic Publishing, to the following address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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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.

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7.7.2017

EN

Official Journal of the European Union

C 218/23

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Prior notification of a concentration

(Case M.8498 — Toray/Mitsui/Soda)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 218/13)

1.

On 29 June 2017, the Commission received a notification of a proposed transaction pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Toray Industries, Inc. (‘Toray’, Japan) and Mitsui & Co., Ltd (‘Mitsui’, Japan) intend to acquire joint control, within the meaning of Article 3(1)(b) of the EUMR, over Soda Aromatic Co., Ltd (‘Soda’, Japan).

2.

The business activities of the undertakings concerned are: — Toray is a global company headquartered in Japan with activities in more than 20 countries, active in the manufacturing, processing and sale of fibres and textiles, plastics and chemicals, IT-related products and carbon fibre composite materials; provision of environmental, engineering and life sciences services, — Mitsui is a global Japanese group active in the provision of logistics and financing, development of major international infrastructure and other projects in variety of fields: steel, mineral and metal resources; transportation systems; chemicals, energy, food, healthcare, consumer, IT, communication and corporate development, at a worldwide basis, — Soda is a Japanese company active in the manufacture, sale, research and development of fragrance, flavour and aroma chemicals in Asia and Europe.

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 this Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8498 — Toray/Mitsui/Soda, to the following address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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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.

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7.7.2017

EN

Official Journal of the European Union

C 218/24

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Corrigendum to the information about the session of the European Economic and Social Committee that adopted the documents published in the Official Journal C 209 of 30 June 2017

( Official Journal of the European Union C 209 of 30 June 2017 )

(2017/C 218/14)

On the first page of the cover, under the heading ‘I Resolutions, recommendations and opinions’:

for:

read:

On the first page of the cover, under the heading ‘III Preparatory acts’:

for:

read:

On page 1:

for:

read:

On page 15:

for:

read:

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