m8319.docx EUROPEAN COMMISSION Brussels, 23.12.2016 C(2016) 9027 final PUBLIC VERSION To the notifying parties: Subject : Case M. 8319 - CEFCI / JSC KAZMUNAIGAZ / ROMPETROL FRANCE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 1 December 2016 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking s CEFC International Limited (“CEFCI”, Singapore) and JSC National Company KazMunaiGaz (“NC KMG”, Kazakhstan) will acquire joint control within the meaning of Article 3(1)(b) of the Merger Regulation of Rompetrol France SAS (“ Rompetrol France”, France) by way of purchase of shares.
3 2. The business activities of the undertakings concerned are: − CEFCI is an investment holding company listed on the Main Board of the Singapore Exchange and it is primarily engaged in the trading of petrochemical, fuel oil, and petroleum products. CEFCI has operations in Singapore, Hong Kong, Japan, Malaysia, and China. − NC KMG is active in the refining and marketing of crude oil products, as well as in the exploration, development, production, processing, transport and export of crude oil and gas. The company is owned by the Republic of Kazakhstan. − Rompetrol France is the holding company of Dyneff SAS (“ Dyneff ”).
Dyneff imports, stores, and distributes petroleum products for businesses, individuals/public, and local authorities. The company offers diesel products, fuel oils, biofuels, ethanol products, natural gas and domestic heating oils. It serves customers through a network of gas stations, wholesale distribution agencies, and retail agencies in France and Spain. 3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 ( c ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 .
4 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement . For the Commission Johannes LAITENBERGER (S igned) Director - General (1) OJ L 24, 29.1.2004, p. 1 ( the ' Merger Regulation ' ). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ( ' TFEU ' ) has introduced certain changes, such as the replacement of ' Community ' by ' Union ' and ' common market ' by ' internal market ' .
The terminology of the TFEU will be used throughout this decision. (2) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ). (3) Publication in the Official Journal of the European Union No C 457 , 8.12.2016 , p. 15. (4) OJ C 366, 14.12.2013, p. 5 .