4.11.2019

Official Journal of the European Union

C 371/1

Non-opposition to a notified concentration

(Case M.9556 — Triton/Grupo Fertiberia)

(Text with EEA relevance)

(2019/C 371/01)

On 23 October 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	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 32019M9556. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.

4.11.2019

Official Journal of the European Union

C 371/2

Non-opposition to a notified concentration

(Case M.9451 — Mall Group/Československá obchodní banka/MallPay)

(Text with EEA relevance)

(2019/C 371/02)

—	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 32019M9451. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.

4.11.2019

Official Journal of the European Union

C 371/3

Non-opposition to a notified concentration

(Case M.9550 — PT Baskhara Utama Sedaya/CPPIB/PT Lintas Marga Sedaya)

(Text with EEA relevance)

(2019/C 371/03)

On 16 October 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	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 32019M9550. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.

4.11.2019

Official Journal of the European Union

C 371/4

Euro exchange rates (1)

31 October 2019

(2019/C 371/04)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1154
JPY	Japanese yen	120,73
DKK	Danish krone	7,4708
GBP	Pound sterling	0,86133
SEK	Swedish krona	10,7498
CHF	Swiss franc	1,1007
ISK	Iceland króna	138,10
NOK	Norwegian krone	10,2520
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,509
HUF	Hungarian forint	328,70
PLN	Polish zloty	4,2581
RON	Romanian leu	4,7560
TRY	Turkish lira	6,3717
AUD	Australian dollar	1,6137
CAD	Canadian dollar	1,4673
HKD	Hong Kong dollar	8,7401
NZD	New Zealand dollar	1,7359
SGD	Singapore dollar	1,5174
KRW	South Korean won	1 302,87
ZAR	South African rand	16,9120
CNY	Chinese yuan renminbi	7,8540
HRK	Croatian kuna	7,4579
IDR	Indonesian rupiah	15 701,50
MYR	Malaysian ringgit	4,6607
PHP	Philippine peso	56,704
RUB	Russian rouble	71,3639
THB	Thai baht	33,668
BRL	Brazilian real	4,4514
MXN	Mexican peso	21,3265
INR	Indian rupee	79,1125

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

4.11.2019

Official Journal of the European Union

C 371/5

Euro exchange rates (1)

1 November 2019

(2019/C 371/05)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1139
JPY	Japanese yen	120,43
DKK	Danish krone	7,4712
GBP	Pound sterling	0,86008
SEK	Swedish krona	10,6993
CHF	Swiss franc	1,1013
ISK	Iceland króna	138,10
NOK	Norwegian krone	10,1638
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,514
HUF	Hungarian forint	328,33
PLN	Polish zloty	4,2535
RON	Romanian leu	4,7547
TRY	Turkish lira	6,3761
AUD	Australian dollar	1,6151
CAD	Canadian dollar	1,4682
HKD	Hong Kong dollar	8,7298
NZD	New Zealand dollar	1,7326
SGD	Singapore dollar	1,5129
KRW	South Korean won	1 300,09
ZAR	South African rand	16,8280
CNY	Chinese yuan renminbi	7,8440
HRK	Croatian kuna	7,4600
IDR	Indonesian rupiah	15 640,93
MYR	Malaysian ringgit	4,6400
PHP	Philippine peso	56,286
RUB	Russian rouble	71,0786
THB	Thai baht	33,623
BRL	Brazilian real	4,4437
MXN	Mexican peso	21,3164
INR	Indian rupee	78,8160

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

4.11.2019

Official Journal of the European Union

C 371/6

Executive Board Decision on internal rules concerning restrictions of certain rights of data subjects in relation to processing of personal data in the framework of the functioning of the European Union Agency for Fundamental Rights

(2019/C 371/06)

THE EXECUTIVE BOARD OF THE EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS,

Having regard:

To the Treaty on the Functioning of the European Union,

To Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (1) (‘Regulation (EU) 2018/1725’), and in particular Article 25 thereof,

To Council Regulation (EC) No 168/2007 establishing the European Union Agency for Fundamental Rights (FRA) and in particular Article 13 thereof,

Having regard to the opinion of the EDPS of 19 May 2019 and to the EDPS Guidance on Article 25 of the new Regulation and internal rules,

Whereas:

(1)	The European Union Agency for Fundamental Rights (hereinafter referred to as the ‘FRA’) carries out its activities in accordance with Regulation (EC) No 168/2007.

(2)

In accordance with Article 25(1) of Regulation (EU) 2018/1725 restrictions of the application of Articles 14 to 22, 35 and 36, as well as Article 4 of that Regulation in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22 should be based on internal rules to be adopted by the FRA, where these are not based on legal acts adopted on the basis of the Treaties.

(3)	These internal rules, including its provisions on the assessment of the necessity and proportionality of a restriction, should not apply where a legal act adopted on the basis of the Treaties provides for a restriction of data subject rights.

(4)	Where the FRA performs its duties with respect to data subject’s rights under Regulation (EU) 2018/1725, it shall consider whether any of the exemptions laid down in that Regulation apply.

(5)

Within the framework of its administrative functioning, the FRA may conduct administrative inquiries, disciplinary proceedings, carry out activities related to cases of potential irregularities reported to OLAF, process whistleblowing cases, process (formal and informal) procedures of harassment, process internal and external complaints, conduct internal/external audits, carry out investigations by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725 and internal (IT) security investigations.

(6)

The FRA processes several categories of personal data, including hard data (‘objective’ data such as identification data, contact data, professional data, administrative details, data received from specific sources, electronic communications and traffic data) and/or soft data (‘subjective’ data related to the case such as reasoning, behavioural data, appraisals, performance and conduct data and data related to or brought forward in connection with the subject matter of the procedure or activity).

(7)	The FRA, represented by its Director, acts as the data controller irrespective of further delegations of the controller role within the FRA to reflect operational responsibilities for specific personal data processing operations.

(8)

The personal data are stored securely in an electronic environment or on paper preventing unlawful access or transfer of data to persons who do not have a need to know. The personal data processed are retained for no longer than necessary and appropriate for the purposes for which the data are processed for the period specified in the data protection notices, privacy statements or records of the FRA.

(9)

The internal rules should apply to all processing operations carried out by the FRA in the performance of administrative inquiries, disciplinary proceedings, activities related to cases of potential irregularities reported to OLAF, whistleblowing procedures, (formal and informal) procedures for cases of harassment, processing internal and external complaints, internal/external audits, the investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725, (IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

(10)

They should apply to processing operations carried out prior to the opening of the procedures referred to above, during these procedures and during the monitoring of the follow-up to the outcome of these procedures. It should also include assistance and cooperation provided by the FRA to national authorities and international organisations outside of its administrative investigations.

(11)	In the cases where these internal rules apply the FRA has to give justifications explaining why the restrictions are strictly necessary and proportionate in a democratic society and respect the essence of the fundamental rights and freedoms.

(12)

Within this framework the FRA is bound to respect, to the maximum extent possible, the fundamental rights of the data subjects during the above procedures, in particular, those relating to the right of provision of information, access and rectification, right to erasure, restriction of processing, right of communication of a personal data breach to the data subject or confidentiality of communication as enshrined in Regulation (EU) 2018/1725.

(13)

However, the FRA may be obliged to restrict the information to data subject and other data subject’s rights to protect, in particular, its own investigations, the investigations and proceedings of other public authorities, as well as the rights of other persons related to its investigations or other procedures.

(14)	The FRA may thus restrict the information for the purpose of protecting the investigation and the fundamental rights and freedoms of other data subjects.

(15)	The FRA should periodically monitor that the conditions that justify the restriction apply and lift the restriction as far as they do no longer apply.

(16)	The Controller should inform the Data Protection Officer at the moment of deferral and during the revisions,

HAS DECIDED:

Article 1

Subject matter and scope

1. This Decision lays down rules relating to the conditions under which the FRA in the framework of its procedures set out paragraph 2 may restrict the application of the rights enshrined in Articles 14 to 21, 35 and 36, as well as Article 4 thereof, following Article 25 of the Regulation (EU) 2018/1725.

2. Within the framework of the administrative functioning of the FRA, this Decision applies to the processing operations on personal data by the Agency for the purposes of: conducting administrative inquiries, pre-disciplinary proceedings, disciplinary proceedings, suspensions under Annex IX of the Staff Regulations activities related to cases of potential irregularities reported to OLAF, processing whistleblowing cases, (formal and informal) procedures of harassment, processing internal and external complaints, conducting internal/external audits, investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725 and (IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

3. The categories of data concerned are hard data (‘objective’ data such as identification data, contact data, professional data, administrative details, data received from specific sources, electronic communications and traffic data) and/or soft data (‘subjective’ data related to the case such as reasoning, behavioural data, appraisals, performance and conduct data and data related to or brought forward in connection with the subject matter of the procedure or activity).

4. Where the FRA performs its duties with respect to data subject’s rights under Regulation (EU) 2018/1725, it shall consider whether any of the exemptions laid down in that Regulation apply.

5. Subject to the conditions set out in this Decision, the restrictions may apply to the following rights: provision of information to data subjects, right of access, rectification, erasure, restriction of processing, communication of a personal data breach to the data subject or confidentiality of communication.

Article 2

Specification of the controller and safeguards

1. The safeguards in place to avoid data breaches, leakages or unauthorised disclosure are the following:

(a)	Paper documents shall be kept in secured cupboards and only accessible to authorised staff;

(b)	All electronic data shall be stored in a secure IT application according to the FRA’s security standards, as well as in specific electronic folders accessible only to authorised staff. Appropriate levels of access shall be granted individually;

(c)	The database shall be password-protected under a single sign-on system and connected automatically to the user’s ID and password. Replacing users is strictly prohibited. E-records shall be held securely to safeguard the confidentiality and privacy of the data therein;

(d)	All persons having access to the data are bound by the obligation of confidentiality.

2. The controller of the processing operations is the FRA, represented by its Director, who may delegate the function of the controller. Data subjects shall be informed of the delegated controller by way of the data protection notices or records published on the website and/or the intranet of the FRA.

3. The retention period of the personal data referred to in Article 1(3) shall be no longer than necessary and appropriate for the purposes for which the data are processed. It shall in any event not be longer than the retention period specified in the data protection notices, privacy statements or records referred to in Article 5(1).

4. Where the Agency considers to apply a restriction, the risk to the rights and freedoms of the data subject shall be weighed, in particular, against the risk to the rights and freedoms of other data subjects and the risk of cancelling the effect of the FRA’s investigations or procedures for example by destroying evidence. The risks to the rights and freedoms of the data subject concern primarily, but are not limited to, reputational risks and risks to the right of defence and the right to be heard.

Article 3

Restrictions

1. Any restriction shall only be applied by the FRA to safeguard:

(a)	the national security, public security or defence of the Member States;

(b)	the prevention, investigation, detection and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

(c)

other important objectives of general public interest of the Union or of a Member State, in particular the objectives of the common foreign and security policy of the Union or an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters, public health and social security;

(d)	the internal security of Union institutions and bodies, including of their electronic communications networks;

(e)	the protection of judicial independence and judicial proceedings;

(f)	the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;

(g)	a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (c);

(h)	the protection of the data subject or the rights and freedoms of others;

(i)	the enforcement of civil law claims.

2. As a specific application of the purposes described in paragraph 1 above, the FRA may apply restrictions in relation to personal data exchanged with Commission services or other Union institutions, bodies, agencies and offices, competent authorities of Member States or third countries or international organisations, in the following circumstances:

(a)

where the exercise of those rights and obligations could be restricted by Commission services or other Union institutions, bodies, agencies and offices on the basis of other acts provided for in Article 25 of Regulation (EU) 2018/1725 or in accordance with Chapter IX of that Regulation or with the founding acts of other Union institutions, bodies, agencies and offices;

(b)

where the exercise of those rights and obligations could be restricted by competent authorities of Member States on the basis of acts referred to in Article 23 of Regulation (EU) 2016/679 of the European Parliament and of the Council, or under national measures transposing Articles 13(3), 15(3) or 16(3) of Directive (EU) 2016/680 of the European Parliament and of the Council;

(c)	where the exercise of those rights and obligations could jeopardise the FRA’s cooperation with third countries or international organisations in the conduct of its tasks.

Before applying restrictions in the circumstances referred to in points (a) and (b) of the first subparagraph, the FRA shall consult the relevant Commission services, Union institutions, bodies, agencies, offices or the competent authorities of Member States unless it is clear to the FRA that the application of a restriction is provided for by one of the acts referred to in those points.

3. Any restriction shall be necessary and proportionate taking into account the risks to the rights and freedoms of data subjects and respect the essence of the fundamental rights and freedoms in a democratic society.

4. If the application of restriction is considered, a necessity and proportionality test shall be carried out based on the present rules. It shall be documented through an internal assessment note for accountability purposes on a case by case basis.

5. Restrictions shall be lifted as soon as the circumstances that justify them no longer apply. In particular, where it is considered that the exercise of the restricted right would no longer cancel the effect of the restriction imposed or adversely affect the rights or freedoms of other data subjects.

Article 4

Review by the Data Protection Officer

1. The FRA shall, without undue delay, inform the Data Protection Officer of the FRA (‘the DPO’) whenever the controller restricts the application of data subjects’ rights, or extends the restriction, in accordance with this Decision. The controller shall provide the DPO access to the record containing the assessment of the necessity and proportionality of the restriction and document the date of informing the DPO in the record.

2. The DPO may request the controller in writing to review the application of the restrictions. The controller shall inform the DPO in writing about the outcome of the requested review.

3. The controller shall inform the DPO when the restriction has been lifted.

Article 5

Provision of information to data subject

1. In duly justified cases and under the conditions stipulated in this decision, the right to information may be restricted by the controller in the context of the following processing operations:

(a)	the performance of administrative inquiries and disciplinary proceedings;

(b)	activities related to cases of potential irregularities reported to OLAF;

(c)	whistleblowing procedures;

(d)	(formal and informal) procedures for cases of harassment;

(e)	processing internal and external complaints;

(f)	internal and external audits;

(g)	the investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725;

(h)	(IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

The FRA shall include in the data protection notices, privacy statements or records in the sense of Article 31 of Regulation (EU) 2018/1725, published on its website and/or on the intranet informing data subjects of their rights in the framework of a given procedure, information relating to the potential restriction of these rights. The information shall cover which rights may be restricted, the reasons and the potential duration.

2. Without prejudice to the provisions of paragraph 3, the FRA, where proportionate, shall also inform individually all data subjects, which are considered persons concerned in the specific processing operation, of their rights concerning present or future restrictions without undue delay and in a written form.

3. Where the FRA restricts, wholly or partly, the provision of information to the data subjects referred to in paragraph 2, it shall record the reasons for the restriction, the legal ground in accordance with Article 3 of this Decision, including an assessment of the necessity and proportionality of the restriction.

The record and, where applicable, the documents containing underlying factual and legal elements shall be registered. They shall be made available to the European Data Protection Supervisor on request.

4. The restriction referred to in paragraph 3 shall continue to apply as long as the reasons justifying it remain applicable.

Where the reasons for the restriction no longer apply, the FRA shall provide information to the data subject on the principal reasons on which the application of a restriction is based. At the same time, the FRA shall inform the data subject of the right of lodging a complaint with the European Data Protection Supervisor at any time or of seeking a judicial remedy in the Court of Justice of the European Union.

The FRA shall review the application of the restriction every six months from its adoption and at the closure of the relevant inquiry, procedure or investigation. Thereafter, the controller shall monitor the need to maintain any restriction on an annual basis.

Article 6

Right of access by data subject

1. In duly justified cases and under the conditions stipulated in this decision, the right to access may be restricted by the controller in the context of the following processing operations, where necessary and proportionate:

(a)	the performance of administrative inquiries and disciplinary proceedings;

(b)	activities related to cases of potential irregularities reported to OLAF;

(c)	whistleblowing procedures;

(d)	(formal and informal) procedures for cases of harassment;

(e)	processing internal and external complaints;

(f)	internal and external audits;

(g)	the investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725;

(h)	(IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

Where data subjects request access to their personal data processed in the context of one or more specific cases or to a particular processing operation, in accordance with Article 17 of Regulation (EU) 2018/1725, the FRA shall limit its assessment of the request to such personal data only.

2. Where the FRA restricts, wholly or partly, the right of access, referred to in Article 17 of Regulation (EU) 2018/1725, it shall take the following steps:

(a)

it shall inform the data subject concerned, in its reply to the request, of the restriction applied and of the principal reasons thereof, and of the possibility of lodging a complaint with the European Data Protection Supervisor or of seeking a judicial remedy in the Court of Justice of the European Union;

(b)	it shall document in an internal assessment note the reasons for the restriction, including an assessment of the necessity, proportionality of the restriction and its duration.

The provision of information referred to in point (a) may be deferred, omitted or denied if it would cancel the effect of the restriction in accordance with Article 25(8) of Regulation (EU) 2018/1725.

The FRA shall review the application of the restriction every six months from its adoption and at the closure of the relevant investigation. Thereafter, the controller shall monitor the need to maintain any restriction on an annual basis.

3. The record and, where applicable, the documents containing underlying factual and legal elements shall be registered. They shall be made available to the European Data Protection Supervisor on request.

Article 7

Right of rectification, erasure and restriction of processing

1. In duly justified cases and under the conditions stipulated in this decision, the right to rectification, erasure and restriction may be restricted by the controller in the context of the following processing operations, where necessary and appropriate:

(a)	the performance of administrative inquiries and disciplinary proceedings;

(b)	activities related to cases of potential irregularities reported to OLAF;

(c)	whistleblowing procedures;

(d)	(formal and informal) procedures for cases of harassment;

(e)	processing internal and external complaints;

(f)	internal and external audits;

(g)	the investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725;

(h)	(IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

2. Where the FRA restricts, wholly or partly, the application of the right to rectification, erasure and restriction of processing referred to in Articles 18, 19(1) and 20(1) of Regulation (EU) 2018/1725, it shall take the steps set out in Article 6(2) of this Decision and register the record in accordance with Article 6(3) thereof.

Article 8

Communication of a personal data breach to the data subject and confidentiality of electronic communications

1. In duly justified cases and under the conditions stipulated in this decision, the right to the communication of a personal data breach may be restricted by the controller in the context of the following processing operations, where necessary and appropriate:

(a)	the performance of administrative inquiries and disciplinary proceedings;

(b)	activities related to cases of potential irregularities reported to OLAF;

(c)	whistleblowing procedures;

(d)	(formal and informal) procedures for cases of harassment;

(e)	processing internal and external complaints;

(f)	internal and external audits;

(g)	the investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725;

(h)	(IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

2. In duly justified cases and under the conditions stipulated in this decision, the right to confidentiality of electronic communications may be restricted by the controller in the context of the following processing operations, where necessary and appropriate:

(a)	the performance of administrative inquiries and disciplinary proceedings;

(b)	activities related to cases of potential irregularities reported to OLAF;

(c)	whistleblowing procedures;

(d)	formal procedures for cases of harassment;

(e)	processing internal and external complaints;

(f)	(IT) security investigations handled internally or with external involvement (e.g. CERT-EU).

3. Where the FRA restricts the communication of a personal data breach to the data subject or the confidentiality of electronic communications referred to in Articles 35 and 36 of Regulation (EU) 2018/1725, it shall record and register the reasons for the restriction in accordance with Article 5(3) of this decision. Article 5(4) of this Decision shall apply.

Article 9

Final provision

FRA’s Executive Board Decision 2019/01/EC laying down internal rules concerning the provision of information to data subjects and the restriction of certain of their data protection rights by the FRA in the context of administrative inquiries, pre-disciplinary, disciplinary and suspension proceedings (2019/C 108/04) is hereby repealed.

Article 10

Entry into force

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Vienna, 27 September 2019.

For the European Union Agency for Fundamental Rights

Sirpa RAUTIO

Chairperson of the Executive Board

(1) OJ L 295, 21.11.2018, p. 39.

4.11.2019

Official Journal of the European Union

C 371/14

Prior notification of a concentration

(Case M.9597 — Cinven/Stichting Barentz Beheer/Barentz)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 371/07)

On 25 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Cinven Capital Management (VI) Genera Partner Limited (‘Cinven’, Guernsey),

—	Stichting Barentz Beheer (‘the Foundation’, Netherlands),

—	H.L. Barentz B.V. (‘Barentz’, Netherlands).

Cinven and the Foundation acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over Barentz.

The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

—	for Cinven: private equity business engaged in the provision of investment management and investment advisory services to a number of investment funds. Cinven controls a number of portfolio companies which are active in a variety of sectors across a range of jurisdictions,

—	for the Foundation: Dutch non-profit foundation (stichting). Its sole purpose, is to support and further develop the business of Barentz,

—	for Barentz: distribution of ingredients and additives for the food, pharmaceutical and cosmetics, chemical and animal nutrition industries.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9597 — Cinven/Stichting Barentz Beheer/Barentz

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

Email:COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.

4.11.2019

Official Journal of the European Union

C 371/16

Prior notification of a concentration

(Case M.9579 — ENI/HitecVision/Norwegian Upstream Assets of Exxonmobil)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 371/08)

On 24 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Eni International BV (‘Eni BV’, Italy), belonging to the ENI Group (‘Eni’),

—	HitecVision Advisory AS (‘HitecVision’, Norway),

—	ExxonMobil (‘EM’, United States) oil and gas upstream business in the Norwegian Continental Shelf (the ‘Target Business’).

Eni BV and HitecVision acquire indirectly, through their joint venture company Vår Energi AS, within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of EM‘s oil and gas upstream business in the Norwegian Continental Shelf.

The concentration is accomplished by way of purchase of shares and assets.

The business activities of the undertakings concerned are:

—	Eni is a global oil and gas group, active within exploration, production, refining and selling operations, electricity and chemistry,

—	HitecVision is a Norwegian provider of institutional capital to the North Sea region’s energy industry with focus on investments in enterprises within the offshore upstream oil and gas industry, including the oilfield services and technology sector,

—

the Target Business consists of EM’s upstream Norwegian activities of exploration and production of crude oil, natural gas, and NGLs and their sale, including EM’s production licenses, ownership interests, onshore processing facilities, pipeline interests and supply agreements with third parties, as well as the management and employees involved in these activities.

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.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9579 — ENI/HitecVision/Norwegian Upstream Assets of Exxonmobil

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

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.

4.11.2019

Official Journal of the European Union

C 371/18

Prior notification of a concentration

(Case M.9599 — Cobepa/Socotec)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 371/09)

On 25 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Cobepa SA (‘Cobepa’, Belgium), controlled by Vedihold SA (Luxembourg),

—	The Socotec Group (‘Socotec’, France).

Cobepa acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Socotec.

The concentration is accomplished by way of contract.

The business activities of the undertakings concerned are:

—	for Cobepa: a privately-held investment company centred around two main types of investments: growth capital investments and buy-out transactions,

—	for Socotec: offers range of testing, inspection and compliance services for activities such as construction, infrastructure, building management and industrial equipment.

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.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9599 — Cobepa/Socotec

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

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.

4.11.2019

Official Journal of the European Union

C 371/19

Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2019/C 371/10)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

SINGLE DOCUMENT

‘CEREJA DO FUNDÃO’

EU No: PGI-PT-02478 - 22.11.2018

PDO () PGI (x)

1. Name(s)

‘Cereja do Fundão’

2. Member State or Third Country

Portugal

3. Description of the agricultural product or foodstuff

3.1. Type of product

Class 1.6. Fruit, vegetables and cereals, fresh or processed

3.2. Description of the product to which the name in (1) applies

‘Cereja do Fundão’ is the fruit of the sweet cherry tree (Prunus avium L.) intended to be consumed fresh. It has the following main characteristics:

—	a size of at least 24 mm;

—	a firmness of at least 60 units on the Durofel index;

—	a colour of between 2 and 6 on the CTIFL (Centre Technique Interprofessionnel des Fruits et Legumes) colour chart;

—	a soluble solids content of at least 12 °Brix.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4. Specific steps in production that must take place in the identified geographical area

All the stages of production (growing and harvest).

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6. Specific rules concerning labelling of the product the registered name refers to

On the ‘Cereja do Fundão’ label, the product name must be followed by the words ‘Indicação Geográfica Protegida’ [Protected Geographical Indication] or the abbreviation ‘IGP’ [PGI].

The label must include the ‘Cereja do Fundão’ logo, which is shown below.

4. Concise definition of the geographical area

The geographical area for production of ‘Cereja do Fundão’ is restricted to the municipality of Fundão, the parishes of Louriçal do Campo and Lardosa (municipality of Castelo Branco) and the parishes of Ferro and Peraboa (municipality of Covilhã).

5. Link with the geographical area

The link between ‘Cereja do Fundão’ and the geographical area derives from its reputation.

Thanks to its characteristics, ‘Cereja do Fundão’ enjoys great fame and renown in Portugal and abroad, and has taken on such agricultural, economic and gastronomic importance that it has become one of the region’s main hallmarks.

Fundão cherries, ‘delicious — sweet and succulent with a tangy ripe flavour’ (The Guardian, 14.8.2007), ‘clothed in bright red, plump and extravagantly sweet’, are ‘unmistakeable’ and are considered by chef Vítor Sobral to be ‘a product of national excellence’ (Epicur, 8.5.2017). Although cherries are grown pretty much all over the country, ‘the most famous are perhaps the ones from Fundão’ (Broteria — popular science series, 1915), and there are some who regard Fundão as Portugal’s ‘cherry capital’ (Paulo Moreira, Pão e Vinho [Bread and Wine], 2014).

The distinction in which ‘Cereja do Fundão’ is held by the Portuguese consumer is shown by the fact that, back in 1941, the Bulletin of the Junta Nacional das Frutas [National Fruit Board] individually listed the price of ‘Cereja do Fundão’ cherries at the Lisbon market (where they were sold for an average price of 3 escudos per kilogram), contrasting it with the price of other cherries sold at the market.

In 2018, ‘Cereja do Fundão’ won the ‘Portugal Cinco Estrelas’ prize in the natural products category. When the prize was awarded, on the basis of an evaluation of consumer satisfaction carried out by means of market surveys, it was stated that ‘between the Estrela and Gardunha mountain ranges is where one of the most tasty national delicacies is to be found, namely ‘Cereja do Fundão’. Its sweet, fresh flavour has been enjoyed not only as a dessert fruit but also in the form of compotes, chocolate and cherry sweets, pastries and liqueurs.’

‘These cherries are famous, attract crowds of people and generate millions of euros for the local economy’ (Dinheiro Vivo, 4.6.2017). ‘Cereja do Fundão’ has ‘gained a high profile, particularly since it became associated with the Portuguese football team’s participation in the European Championship that took place in Portugal in 2004’. In the space of a decade, ‘the local economy built around the cherry has doubled in size and is now worth around EUR 20 million per year, based on 2 000 ha of cherry trees producing 7 000 tonnes of cherries, which corresponds to more than 60 % of national production and provides 7 000 jobs’. The name ‘Cereja do Fundão’‘adds value to the product, which is why it is able to fetch a higher price despite the increase in the quantities produced. This explains why the average price has also doubled and is now around EUR 3 per kilogram’ (Pedro Manuel Saraiva, Empreendedorismo: do conceito à aplicação, da ideia ao negócio, da tecnologia ao valor [Entrepreneurship: from theory to practice, from idea to business, from technology to value], Imprensa da Universidade de Coimbra, 3rd edition, 2015).

Owing to the characteristics of the geographical area of production, ‘the first cherries of the season are earlier than in other areas and can easily be sold for EUR 30 to EUR 50 per kilogram, especially in export markets, which account for 10 % of sales’ (Pedro Manuel Saraiva, op. cit.). ‘When the cherry season starts’, Fundão is one ‘of the first places in the world to have cherries’, which is why the price to the consumer is so high ‘when they first appear and start being exported’. At the end of April 2014, ‘Cereja do Fundão’ was being sold on the market in Helsinki for EUR 62 per kilogram (Vida Rural, 26.5.2015).

‘Cereja do Fundão’ can be enjoyed fresh or as an ingredient in pastries and cooking, where it is used in various dishes and recipes. ‘Cereja do Fundão’ is one of Portugal’s most versatile culinary products and lets you give free rein to your imagination’, as it is used to make products such as ‘Cereja do Fundão’ tart and artisanal ‘Cereja do Fundão’ ice cream (Público, 14.6.2013). ‘Cereja do Fundão’ is also praised by various chefs, as shown by the interview with Michelin-starred chef José Avillez (Jornal de Negócios, 20.2.2018) and by the book Prato do Dia [Dish of the day], published in 2017, which is a collection of recipes presented by the chef Filipa Gomes on her cooking programme on the 24Kitchen channel.

‘Cereja do Fundão’ forms the basis for numerous gastronomic events. At regional level, ‘Cereja do Fundão’‘attracts around 135 000 tourists a year’ (Expresso, 19.2.2018), notably for events such as the ‘Festa da Cereja do Fundão’ (‘Cereja do Fundão’ festival], which offers the chance to try not only ‘Cereja do Fundão’ but also numerous products made from it and to take part in cultural and touristic events linked to its production (helping to pick the cherries, walks through the cherry orchards, adopting a cherry tree, etc.), and the food festival ‘Fundão, Aqui Come-se Bem — Sabores da Cereja’ [Good Food in Fundão — Flavours of Cherry], which has been held annually since 2004. There are also national events, such as the ‘Rota Gastronómica da Cereja do Fundão’ (‘Cereja do Fundão’ Gastronomic Route], which has been held annually in Lisbon and Porto since 2013 and involves chefs making various proposals for dishes using ‘Cereja do Fundão’ as an ingredient.

Reference to publication of the product specification

(the second subparagraph of Article 6(1) of this Regulation)

https://tradicional.dgadr.gov.pt/pt/cat/frutos-frescos/978-cereja-do-fundao-igp

(1) OJ L 343, 14.12.2012, p. 1.

		ISSN 1977-091X
Official Journal of the European Union		C 371

English edition	Information and Notices	Volume 62 4 November 2019

Contents		page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2019/C 371/01	Non-opposition to a notified concentration (Case M.9556 — Triton/Grupo Fertiberia) ( 1 )	1
2019/C 371/02	Non-opposition to a notified concentration (Case M.9451 — Mall Group/Československá obchodní banka/MallPay) ( 1 )	2
2019/C 371/03	Non-opposition to a notified concentration (Case M.9550 — PT Baskhara Utama Sedaya/CPPIB/PT Lintas Marga Sedaya) ( 1 )	3

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2019/C 371/04	Euro exchange rates — 31 October 2019	4
2019/C 371/05	Euro exchange rates — 1 November 2019	5
	European Union Agency for Fundamental Rights
2019/C 371/06	Executive Board Decision on internal rules concerning restrictions of certain rights of data subjects in relation to processing of personal data in the framework of the functioning of the European Union Agency for Fundamental Rights	6

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2019/C 371/07	Prior notification of a concentration (Case M.9597 — Cinven/Stichting Barentz Beheer/Barentz) Candidate case for simplified procedure ( 1 )	14
2019/C 371/08	Prior notification of a concentration (Case M.9579 — ENI/HitecVision/Norwegian Upstream Assets of Exxonmobil) Candidate case for simplified procedure ( 1 )	16
2019/C 371/09	Prior notification of a concentration (Case M.9599 — Cobepa/Socotec) Candidate case for simplified procedure ( 1 )	18
	OTHER ACTS
	European Commission
2019/C 371/10	Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	19