# Official Journal C 244/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 244 |
| | |
| English edition | Information and Notices | Volume 5726 July 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 244

English edition

Information and Notices

Volume 5726 July 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Central Bank |
| 2014/C 244/01 | Opinion of the European Central Bank of 8 July 2014 on a proposal for a Council regulation amending Regulation (EC) No 974/98 as regards the introduction of the euro in Lithuania and on a proposal for a Council regulation amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Lithuania (CON/2014/50) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Central Bank

2014/C 244/01

Opinion of the European Central Bank of 8 July 2014 on a proposal for a Council regulation amending Regulation (EC) No 974/98 as regards the introduction of the euro in Lithuania and on a proposal for a Council regulation amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Lithuania (CON/2014/50)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 244/02 | Non-opposition to a notified concentration (Case M.7238 — American Express Company/Qatar Holding/GBT) (
  1
  ) | 2 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 244/02

Non-opposition to a notified concentration (Case M.7238 — American Express Company/Qatar Holding/GBT) (
  1
  )

1

2

| | III   Preparatory acts |
| --- | --- |
| | European Central Bank |
| 2014/C 244/03 | Opinion of the Governing Council of the European Central Bank of 8 January 2014 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2014/1) | 3 |

III   Preparatory acts

European Central Bank

2014/C 244/03

Opinion of the Governing Council of the European Central Bank of 8 January 2014 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2014/1)

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2014/C 244/04 | Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision 2014/499/CFSP, and in Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) No 810/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine | 4 |
| | European Commission |
| 2014/C 244/05 | Euro exchange rates | 6 |
| 2014/C 244/06 | Commission Implementing Decision of 24 July 2014 establishing the work programme of the Commission for the year 2015 on financial contribution to the European Union reference laboratories | 7 |
| 2014/C 244/07 | Explanatory Notes to the Combined Nomenclature of the European Union | 14 |
| | European Data Protection Supervisor |
| 2014/C 244/08 | Executive summary of the Opinion of the European Data Protection Supervisor on the package of legislative measures reforming Eurojust and setting up the European Public Prosecutor’s Office (EPPO) | 15 |
| | NOTICES FROM MEMBER STATES |
| 2014/C 244/09 | Information communicated by Member States regarding closure of fisheries | 21 |
| 2014/C 244/10 | Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 316, 28.12.2007, p. 1; OJ C 134, 31.5.2008, p. 16; OJ C 177, 12.7.2008, p. 9; OJ C 200, 6.8.2008, p. 10; OJ C 331, 31.12.2008, p. 13; OJ C 3, 8.1.2009, p. 10; OJ C 37, 14.2.2009, p. 10; OJ C 64, 19.3.2009, p. 20; OJ C 99, 30.4.2009, p. 7; OJ C 229, 23.9.2009, p. 28; OJ C 263, 5.11.2009, p. 22; OJ C 298, 8.12.2009, p. 17; OJ C 74, 24.3.2010, p. 13; OJ C 326, 3.12.2010, p. 17; OJ C 355, 29.12.2010, p. 34; OJ C 22, 22.1.2011, p. 22; OJ C 37, 5.2.2011, p. 12; OJ C 149, 20.5.2011, p. 8; OJ C 190, 30.6.2011, p. 17; OJ C 203, 9.7.2011, p. 14; OJ C 210, 16.7.2011, p. 30; OJ C 271, 14.9.2011, p. 18; OJ C 356, 6.12.2011, p. 12; OJ C 111, 18.4.2012, p. 3; OJ C 183, 23.6.2012, p. 7; OJ C 313, 17.10.2012, p. 11; OJ C 394, 20.12.2012, p. 22; OJ C 51, 22.2.2013, p. 9; OJ C 167, 13.6.2013, p. 9; OJ C 242, 23.8.2013, p. 2; OJ C 275, 24.9.2013, p. 7; OJ C 314, 29.10.2013, p. 5; OJ C 324, 9.11.2013, p. 6; OJ C 57, 28.2.2014, p. 4; OJ C 167, 4.6.2014, p. 9) | 22 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2014/C 244/04

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision 2014/499/CFSP, and in Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) No 810/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

4

European Commission

2014/C 244/05

Euro exchange rates

6

2014/C 244/06

Commission Implementing Decision of 24 July 2014 establishing the work programme of the Commission for the year 2015 on financial contribution to the European Union reference laboratories

7

2014/C 244/07

Explanatory Notes to the Combined Nomenclature of the European Union

14

European Data Protection Supervisor

2014/C 244/08

Executive summary of the Opinion of the European Data Protection Supervisor on the package of legislative measures reforming Eurojust and setting up the European Public Prosecutor’s Office (EPPO)

15

NOTICES FROM MEMBER STATES

2014/C 244/09

Information communicated by Member States regarding closure of fisheries

21

2014/C 244/10

Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 316, 28.12.2007, p. 1; OJ C 134, 31.5.2008, p. 16; OJ C 177, 12.7.2008, p. 9; OJ C 200, 6.8.2008, p. 10; OJ C 331, 31.12.2008, p. 13; OJ C 3, 8.1.2009, p. 10; OJ C 37, 14.2.2009, p. 10; OJ C 64, 19.3.2009, p. 20; OJ C 99, 30.4.2009, p. 7; OJ C 229, 23.9.2009, p. 28; OJ C 263, 5.11.2009, p. 22; OJ C 298, 8.12.2009, p. 17; OJ C 74, 24.3.2010, p. 13; OJ C 326, 3.12.2010, p. 17; OJ C 355, 29.12.2010, p. 34; OJ C 22, 22.1.2011, p. 22; OJ C 37, 5.2.2011, p. 12; OJ C 149, 20.5.2011, p. 8; OJ C 190, 30.6.2011, p. 17; OJ C 203, 9.7.2011, p. 14; OJ C 210, 16.7.2011, p. 30; OJ C 271, 14.9.2011, p. 18; OJ C 356, 6.12.2011, p. 12; OJ C 111, 18.4.2012, p. 3; OJ C 183, 23.6.2012, p. 7; OJ C 313, 17.10.2012, p. 11; OJ C 394, 20.12.2012, p. 22; OJ C 51, 22.2.2013, p. 9; OJ C 167, 13.6.2013, p. 9; OJ C 242, 23.8.2013, p. 2; OJ C 275, 24.9.2013, p. 7; OJ C 314, 29.10.2013, p. 5; OJ C 324, 9.11.2013, p. 6; OJ C 57, 28.2.2014, p. 4; OJ C 167, 4.6.2014, p. 9)

22

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2014/C 244/11 | Call for expressions of interest to become a candidate member of the SESAR Joint Undertaking — SESAR Research and Innovation Programme 2020 — Ref. SJU/LC/0110-CEI | 23 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2014/C 244/11

Call for expressions of interest to become a candidate member of the SESAR Joint Undertaking — SESAR Research and Innovation Programme 2020 — Ref. SJU/LC/0110-CEI

23

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| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Resolutions, recommendations and opinions

OPINIONS

European Central Bank

| 26.7.2014 | EN | Official Journal of the European Union | C 244/1 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/1

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OPINION OF THE EUROPEAN CENTRAL BANK

of 8 July 2014

on a proposal for a Council regulation amending Regulation (EC) No 974/98 as regards the introduction of the euro in Lithuania and on a proposal for a Council regulation amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Lithuania

(CON/2014/50)

2014/C 244/01

Introduction and legal basis

On 16 June 2014, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a Council regulation amending Regulation (EC) No 974/98 as regards the introduction of the euro in Lithuania (1). On 4 July 2014, the ECB received a request from the Council of the European Union for an opinion on a proposal for a Council regulation amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Lithuania (2).

The ECB’s competence to deliver an opinion is based on Article 140(3) of the Treaty on the Functioning of the European Union. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

Observations

| 1. | The proposed regulations will enable the introduction of the euro as the currency of Lithuania following the abrogation of Lithuania’s derogation in accordance with the procedure set out in Article 140(2) of the Treaty. |
| --- | --- |

1.

The proposed regulations will enable the introduction of the euro as the currency of Lithuania following the abrogation of Lithuania’s derogation in accordance with the procedure set out in Article 140(2) of the Treaty.

| 2. | The ECB welcomes the proposed regulations. |
| --- | --- |

2.

The ECB welcomes the proposed regulations.

Done at Frankfurt am Main, 8 July 2014.

The President of the ECB

Mario DRAGHI

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(1)  COM(2014) 325 final.

1

(2)  COM(2014) 447 final.

2

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.7.2014 | EN | Official Journal of the European Union | C 244/2 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/2

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Non-opposition to a notified concentration

(Case M.7238 — American Express Company/Qatar Holding/GBT)

(Text with EEA relevance)

2014/C 244/02

On 20 June 2014, 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 language 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 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 32014M7238. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7238. EUR-Lex is the online access to the European law.

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

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III Preparatory acts

European Central Bank

| 26.7.2014 | EN | Official Journal of the European Union | C 244/3 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/3

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OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK

of 8 January 2014

on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank

(CON/2014/1)

2014/C 244/03

Introduction and legal basis

On 8 January 2014, the European Central Bank (ECB) received a request from the President of the European Council for an opinion on a Council Recommendation of 7 January 2014 (1) on the appointment of a member of the Executive Board of the European Central Bank.

The competence of the ECB’s Governing Council to deliver an opinion is based on Article 283(2) of the Treaty on the Functioning of the European Union.

General observations

| 1. | The Council’s recommendation, which was submitted to the European Council, and on which the European Parliament and the ECB’s Governing Council are being consulted, recommends appointing Ms Sabine LAUTENSCHLÄGER as a member of the ECB’s Executive Board for a term of office of eight years. |
| --- | --- |

1.

The Council’s recommendation, which was submitted to the European Council, and on which the European Parliament and the ECB’s Governing Council are being consulted, recommends appointing Ms Sabine LAUTENSCHLÄGER as a member of the ECB’s Executive Board for a term of office of eight years.

| 2. | The ECB’s Governing Council is of the opinion that the proposed candidate is a person of recognised standing and professional experience in monetary or banking matters as required by Article 283(2) of the Treaty. |
| --- | --- |

2.

The ECB’s Governing Council is of the opinion that the proposed candidate is a person of recognised standing and professional experience in monetary or banking matters as required by Article 283(2) of the Treaty.

| 3. | The ECB’s Governing Council has no objection to the Council’s recommendation to appoint Ms Sabine LAUTENSCHLÄGER as a member of the ECB’s Executive Board. |
| --- | --- |

3.

The ECB’s Governing Council has no objection to the Council’s recommendation to appoint Ms Sabine LAUTENSCHLÄGER as a member of the ECB’s Executive Board.

Done at Frankfurt am Main, 8 January 2014.

The President of the ECB

Mario DRAGHI

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(1)  Not yet published in the Official Journal.

1

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 26.7.2014 | EN | Official Journal of the European Union | C 244/4 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/4

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Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision 2014/499/CFSP, and in Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) No 810/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

2014/C 244/04

The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision 2014/499/CFSP (2), and in Annex I to Council Regulation (EU) No 269/2014 (3), as implemented by Council Implementing Regulation (EU) No 810/2014 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2014/145/CFSP and in Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web sites in Annex II to Council Regulation (EU) No 269/2014, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, before 22 August 2014, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council's periodic review, in accordance with the third subparagraph of Article 6 of Decision 2014/145/CFSP and Article 14(4) of Regulation (EU) No 269/2014, of the list of designated persons and entities.

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 78, 17.3.2014, p. 16.

(2)  OJ L 221, 25.7.2014, p. 15.

(3)  OJ L 78, 17.3.2014, p. 6.

(4)  OJ L 221, 25.7.2014, p. 1.

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European Commission

| 26.7.2014 | EN | Official Journal of the European Union | C 244/6 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/6

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Euro exchange rates (1)

25 July 2014

2014/C 244/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3440 |
| JPY | Japanese yen | 136,97 |
| DKK | Danish krone | 7,4568 |
| GBP | Pound sterling | 0,79115 |
| SEK | Swedish krona | 9,1661 |
| CHF | Swiss franc | 1,2152 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3395 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,482 |
| HUF | Hungarian forint | 308,06 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1435 |
| RON | Romanian leu | 4,3973 |
| TRY | Turkish lira | 2,8145 |
| AUD | Australian dollar | 1,4289 |
| CAD | Canadian dollar | 1,4472 |
| HKD | Hong Kong dollar | 10,4160 |
| NZD | New Zealand dollar | 1,5728 |
| SGD | Singapore dollar | 1,6682 |
| KRW | South Korean won | 1 380,11 |
| ZAR | South African rand | 14,1489 |
| CNY | Chinese yuan renminbi | 8,3272 |
| HRK | Croatian kuna | 7,6330 |
| IDR | Indonesian rupiah | 15 561,78 |
| MYR | Malaysian ringgit | 4,2655 |
| PHP | Philippine peso | 58,199 |
| RUB | Russian rouble | 47,1871 |
| THB | Thai baht | 42,780 |
| BRL | Brazilian real | 2,9968 |
| MXN | Mexican peso | 17,4162 |
| INR | Indian rupee | 80,7677 |

Currency

Exchange rate

USD

US dollar

1,3440

JPY

Japanese yen

136,97

DKK

Danish krone

7,4568

GBP

Pound sterling

0,79115

SEK

Swedish krona

9,1661

CHF

Swiss franc

1,2152

ISK

Iceland króna

NOK

Norwegian krone

8,3395

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,482

HUF

Hungarian forint

308,06

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1435

RON

Romanian leu

4,3973

TRY

Turkish lira

2,8145

AUD

Australian dollar

1,4289

CAD

Canadian dollar

1,4472

HKD

Hong Kong dollar

10,4160

NZD

New Zealand dollar

1,5728

SGD

Singapore dollar

1,6682

KRW

South Korean won

1 380,11

ZAR

South African rand

14,1489

CNY

Chinese yuan renminbi

8,3272

HRK

Croatian kuna

7,6330

IDR

Indonesian rupiah

15 561,78

MYR

Malaysian ringgit

4,2655

PHP

Philippine peso

58,199

RUB

Russian rouble

47,1871

THB

Thai baht

42,780

BRL

Brazilian real

2,9968

MXN

Mexican peso

17,4162

INR

Indian rupee

80,7677

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

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| 26.7.2014 | EN | Official Journal of the European Union | C 244/7 |
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26.7.2014

EN

Official Journal of the European Union

C 244/7

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COMMISSION IMPLEMENTING DECISION

of 24 July 2014

establishing the work programme of the Commission for the year 2015 on financial contribution to the European Union reference laboratories

2014/C 244/06

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 32(7) thereof,

Having regard to Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (2), and in particular Article 30 thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union, and in particular Article 84(2) thereof.

Whereas:

| (1) | Article 32 of Regulation (EC) No 882/2004 lays down the tasks and responsibilities of the European Union (EU) reference laboratories. |
| --- | --- |

(1)

Article 32 of Regulation (EC) No 882/2004 lays down the tasks and responsibilities of the European Union (EU) reference laboratories.

| (2) | In order to ensure implementation of the activities to be carried out by the EU reference laboratories it is necessary to adopt a financing decision and the work programme for 2015. Article 94 of Commission Delegated Regulation (EU, Euratom) No 1268/2012 (3) establishes detailed rules on financing decisions. |
| --- | --- |

(2)

In order to ensure implementation of the activities to be carried out by the EU reference laboratories it is necessary to adopt a financing decision and the work programme for 2015. Article 94 of Commission Delegated Regulation (EU, Euratom) No 1268/2012 (3) establishes detailed rules on financing decisions.

| (3) | It is appropriate to authorise award of grants without a call for proposals to the bodies identified in the work programme and for the reasons provided therein. |
| --- | --- |

(3)

It is appropriate to authorise award of grants without a call for proposals to the bodies identified in the work programme and for the reasons provided therein.

| (4) | The EU reference laboratories are to submit their work programmes for the year 2015. Those work programmes should be in conformity with the objectives and priorities of the present work programme of the Commission. The award of the grants for those programmes is to be subject to their approval by the Commission. |
| --- | --- |

(4)

The EU reference laboratories are to submit their work programmes for the year 2015. Those work programmes should be in conformity with the objectives and priorities of the present work programme of the Commission. The award of the grants for those programmes is to be subject to their approval by the Commission.

| (5) | The level of the annual Union financial aid for the activity of the EU reference laboratories is decided on a yearly basis. Given the significance of the activities undertaken by the EU reference laboratories for the interest of the Union, those should be co-financed at the rate of 100 % of eligible costs listed in Article 30 of Regulation (EU) No 652/2014, and within the limit of the amounts in the present Decision. Other costs not eligible but necessary to carry out the tasks will not be co-financed. |
| --- | --- |

(5)

The level of the annual Union financial aid for the activity of the EU reference laboratories is decided on a yearly basis. Given the significance of the activities undertaken by the EU reference laboratories for the interest of the Union, those should be co-financed at the rate of 100 % of eligible costs listed in Article 30 of Regulation (EU) No 652/2014, and within the limit of the amounts in the present Decision. Other costs not eligible but necessary to carry out the tasks will not be co-financed.

| (6) | Annex VII to Regulation (EC) No 882/2004 identifies six EU reference laboratories within the Joint Research Centre, which is a directorate-general of the Commission. The rules governing the Union financial aid for the Joint Research Centre are laid down in an annual administrative arrangement and the present work programme should not apply to those six EU reference laboratories. |
| --- | --- |

(6)

Annex VII to Regulation (EC) No 882/2004 identifies six EU reference laboratories within the Joint Research Centre, which is a directorate-general of the Commission. The rules governing the Union financial aid for the Joint Research Centre are laid down in an annual administrative arrangement and the present work programme should not apply to those six EU reference laboratories.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,

HAS DECIDED AS FOLLOWS:

Article 1

The work programme

The annual work programme for the implementation of Union co-funded programmes of the European reference laboratories for 2015 as set out in the Annex is adopted.

The annual work programme constitutes a financing decision within the meaning of Article 84 of the Financial Regulation for actions funded from appropriations of 2015.

Article 2

Union contribution

The maximum contribution for the implementation of the programme for the year 2015 is set at EUR 15 500 000, and shall be financed from the following line of the general budget of the European Union for 2015:

budget line 17.0403.

The implementation of this Decision is subject to the availability of the appropriations provided for in the draft budget for 2015 after the adoption of the budget for 2015 by the budgetary authority or as provided for in the system of provisional twelfths.

Article 3

Grants

Grants may be awarded without a call for proposals to the bodies identified in the Annex, in accordance with the conditions specified therein.

Done at Brussels, 24 July 2014.

For the Commission

Tonio BORG

Member of the Commission

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(1)  OJ L 165, 30.4.2004, p. 1.

1

(2)  OJ L 189, 27.6.2014, p. 1.

2

(3)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

3

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ANNEX

concerning the work programme of the Commission for 2015 and the financial contribution to the European Union reference laboratories

EU Reference Laboratories — Commission Work Programme for 2015

1.1.   Introduction

On the basis of the objectives given in Regulation (EU) No 652/2014 this work programme contains the actions to be financed and the budget breakdown for year 2015 for grants implemented under direct management and awarded to the European reference laboratories (EU-RLs) as the Union financial contribution to the implementation of functions and duties in the field of food and feed safety and animal health, animal welfare and plant health as laid down in Article 32 of Regulation (EC) No 882/2004.

EU co-finances the EU-RLs with the aim to ensure uniform high quality testing within the EU to support Commission's activities in relation to risk management (and to risk assessment). EU-RLs are in general embedded in (national) public institutions with long-standing high level expertise like national reference laboratories (NRLs) or regional reference laboratories of the World Organisation for Animal Health. They are designated by the Commission in accordance with sectoral legislation. Annex VII to Regulation (EC) No 882/2004 provides a list of the 44 EU-RLs.

The Commission works in close collaboration with the EU-RLs, which, together with the NRLs, play an essential role on scientific and technical support for the establishment of uniform practices of official feed and food controls as required by Regulation (EC) No 882/2004.

The implementation of this work programme will be subject to prior approval by the Commission of the EU-RL work programmes which are to be in conformity with the objectives and priorities laid down in the present work programme. Once approved, the EU-RLs are to implement their work programmes and provide the Commission with a report on such implementation.

1.2.   Legal basis

| — | Article 32(7) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1); |
| --- | --- |

—

Article 32(7) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1);

| — | Article 36(1) of Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 189, 27.6.2014, p. 1). |
| --- | --- |

—

Article 36(1) of Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 189, 27.6.2014, p. 1).

1.3.   Budget line

| — | 17.0403 |
| --- | --- |

—

17.0403

1.4.   Objectives — expected results — measures

(a)   General objective

| — | to contribute to a high level of health for humans, animals and plants, ensuring a high level of protection for consumers and the environment, while favouring competitiveness and creation of jobs. |
| --- | --- |

—

to contribute to a high level of health for humans, animals and plants, ensuring a high level of protection for consumers and the environment, while favouring competitiveness and creation of jobs.

(b)   Specific objectives

| — | to contribute to a high level of safety of food/feed and food/feed production and a higher animal health status; |
| --- | --- |

—

to contribute to a high level of safety of food/feed and food/feed production and a higher animal health status;

| — | to contribute to a timely detection and eradication of pests; |
| --- | --- |

—

to contribute to a timely detection and eradication of pests;

| — | to improve effectiveness, efficiency and reliability of official controls. |
| --- | --- |

—

to improve effectiveness, efficiency and reliability of official controls.

(c)   Operational objectives, indicators and expected results

| Operational objectives | Indicator | Expected result |
| --- | --- | --- |
| 1 | To ensure the development and use of high quality analytical methods across the EU-RL framework | Quality of analytical methods | State of art of analytical methods available |
| 2 | To maintain appropriate level of proficiency testing ensuring efficiency of control analysis methods | Level of completion of comparative testing in relation to annual survey results | All national reference laboratories (NRLs) completed testing successfully |
| 3 | To ensure the availability of scientific and technical assistance provided by the EU-RLs | Satisfaction degree of support provided by the EU-RLs | Timely and adequate answer to all the assistance requests |
| 4 | To ensure a sound and efficient management of EU-RL funding cycle | Timelines and level of completion of necessary steps of EU-RL programmes' funding cycle | Timely and completed funding cycle |

Operational objectives

Indicator

Expected result

1

To ensure the development and use of high quality analytical methods across the EU-RL framework

Quality of analytical methods

State of art of analytical methods available

2

To maintain appropriate level of proficiency testing ensuring efficiency of control analysis methods

Level of completion of comparative testing in relation to annual survey results

All national reference laboratories (NRLs) completed testing successfully

3

To ensure the availability of scientific and technical assistance provided by the EU-RLs

Satisfaction degree of support provided by the EU-RLs

Timely and adequate answer to all the assistance requests

4

To ensure a sound and efficient management of EU-RL funding cycle

Timelines and level of completion of necessary steps of EU-RL programmes' funding cycle

Timely and completed funding cycle

(d)   Measures and activities for the implementation of the operational objectives

Operational objective 1: To ensure the development and use of high quality analytical methods across the EU-RL network

| — | ensuring dissemination of analytical and reference methods from EU-RLs to NRLs; |
| --- | --- |

—

ensuring dissemination of analytical and reference methods from EU-RLs to NRLs;

| — | monitoring of publication by EU-RLs of new developed methods and corresponding validation studies; |
| --- | --- |

—

monitoring of publication by EU-RLs of new developed methods and corresponding validation studies;

| — | coordination of EU-RL activities on practical arrangements for the application of new analytical methods; |
| --- | --- |

—

coordination of EU-RL activities on practical arrangements for the application of new analytical methods;

| — | EU-RLs, NRLs and Member States coordination for the preparation of the 2016 work programmes regarding new or improved methods, and/or dissemination information means on methods and reference materials; |
| --- | --- |

—

EU-RLs, NRLs and Member States coordination for the preparation of the 2016 work programmes regarding new or improved methods, and/or dissemination information means on methods and reference materials;

| — | planning of trainings, meetings and workshops organised by the EU-RLs for the harmonization of diagnostic techniques and of methods of analysis; |
| --- | --- |

—

planning of trainings, meetings and workshops organised by the EU-RLs for the harmonization of diagnostic techniques and of methods of analysis;

| — | initiation of EU-RLs collaboration with laboratories in third countries. |
| --- | --- |

—

initiation of EU-RLs collaboration with laboratories in third countries.

Operational objective 2: To maintain appropriate level of proficiency testing ensuring efficiency of control analysis methods

| — | ensuring planning and initiation of comparative testing by EU-RLs in accordance with internationally accepted protocols; |
| --- | --- |

—

ensuring planning and initiation of comparative testing by EU-RLs in accordance with internationally accepted protocols;

| — | address underperforming related issues within the EU-RL network; |
| --- | --- |

—

address underperforming related issues within the EU-RL network;

| — | coordination of EU-RLs, NRLs and the Member States for the planning of performance testing in the work programmes. |
| --- | --- |

—

coordination of EU-RLs, NRLs and the Member States for the planning of performance testing in the work programmes.

Operational objective 3: To ensure the availability of scientific and technical assistance provided by the EU-RLs

| — | queries to EU-RLs for policy making and enforcement; |
| --- | --- |

—

queries to EU-RLs for policy making and enforcement;

| — | initiation of EU-RLs collaboration with EFSA and international organisations; |
| --- | --- |

—

initiation of EU-RLs collaboration with EFSA and international organisations;

| — | organisation of meetings for scientific and technical assistance from the EU-RLs; |
| --- | --- |

—

organisation of meetings for scientific and technical assistance from the EU-RLs;

| — | guidance initiation regarding analytical methods; |
| --- | --- |

—

guidance initiation regarding analytical methods;

| — | networking activities for appropriate assistance by the EU-RLs. |
| --- | --- |

—

networking activities for appropriate assistance by the EU-RLs.

Operational objective 4: To ensure a sound and efficient management of EU-RL funding cycle

| — | collection, verification and validation of EU-RL work programmes; |
| --- | --- |

—

collection, verification and validation of EU-RL work programmes;

| — | control and verification of financial expenditure; |
| --- | --- |

—

control and verification of financial expenditure;

| — | communication with EU-RLs for the execution of their work programmes; |
| --- | --- |

—

communication with EU-RLs for the execution of their work programmes;

| — | evaluation of the EU-RL annual technical and financial report; |
| --- | --- |

—

evaluation of the EU-RL annual technical and financial report;

| — | support to the EU-RLs for the preparation of their annual work programmes; |
| --- | --- |

—

support to the EU-RLs for the preparation of their annual work programmes;

| — | evaluation of the EU-RL reported performance indicator ex-ante and ex-post. |
| --- | --- |

—

evaluation of the EU-RL reported performance indicator ex-ante and ex-post.

1.5.   Priorities

Risk containment and enforcement needs in the areas covered by Regulation (EC) No 882/2004 evolve constantly. In recent years, new challenges have emerged resulting from the increased trade in animals, food and feed and animal substances used for their production, and from progress in science and technology and as a consequence in diagnostic techniques.

A coordinated approach is needed to ensure:

| — | protection against the re-emergence of new/greater risks; |
| --- | --- |

—

protection against the re-emergence of new/greater risks;

| — | prevention and early detection of diseases and threats through food and feed; |
| --- | --- |

—

prevention and early detection of diseases and threats through food and feed;

| — | effective implementation of enforcement and official controls. |
| --- | --- |

—

effective implementation of enforcement and official controls.

EU-RLs, NRLs and competent authorities in the Member States form a network with a very important role both in the case of emergencies and in times of ‘business as usual’. The maintenance of the robustness of the network and its role will be a constant priority for the Commission's work programmes, not only for the year 2015, but also in the future.

2015 will be the first year when the provisions of Regulation (EU) No 652/2014 will apply with regard to the management of expenditure of EU-RLs and therefore, it will be a transitional year. The priorities will follow a common logic over the operational objectives presented above, and will be developed in detail together with EU-RLs in their work programmes. In general terms, focus will be on:

| — | the development of certified reference material and standardised and validated methods for measurement and identification of hazards (chemicals, contaminants, pesticides, pathogens), for the presence of unauthorised GMOs in food and feed, and the detection of unauthorised substances or the unauthorised use of authorised substances; |
| --- | --- |

—

the development of certified reference material and standardised and validated methods for measurement and identification of hazards (chemicals, contaminants, pesticides, pathogens), for the presence of unauthorised GMOs in food and feed, and the detection of unauthorised substances or the unauthorised use of authorised substances;

| — | the analysis of substances and authorised GMOs to enable the verification of compliance with the food and feed and animal health legislation; |
| --- | --- |

—

the analysis of substances and authorised GMOs to enable the verification of compliance with the food and feed and animal health legislation;

| — | the use and communication of information on the adequate analytical methods; |
| --- | --- |

—

the use and communication of information on the adequate analytical methods;

| — | the development of sound analytical capability to detect fraudulent practices (testing for DNA, pesticides, additives). |
| --- | --- |

—

the development of sound analytical capability to detect fraudulent practices (testing for DNA, pesticides, additives).

While core activities and priorities laid down in this work programme will be covered in collaboration with the EU-RLs when establishing their work programmes, a room for manoeuvre is necessary for activities resulting from non-predictable factors (e.g. factors related to the re-emergence of priority diseases, the potential introduction of new diseases, the increasing complexity of supply chains).

1.6.   Description of the activities to be funded

| Pesticides | — | development and validation of new and improved methods for analysing pesticide residues in food of animal origin, cereals and fruits and vegetables; |
| --- | --- | --- |

Pesticides

—

development and validation of new and improved methods for analysing pesticide residues in food of animal origin, cereals and fruits and vegetables;

| — | provision of scientific and technical assistance to COM concerning limits of quantification and residue definitions in the framework of the review of all existing MRLs laid down in Article 12 of Reg. (EC) 396/2005. |
| --- | --- |

—

provision of scientific and technical assistance to COM concerning limits of quantification and residue definitions in the framework of the review of all existing MRLs laid down in Article 12 of Reg. (EC) 396/2005.

Contaminants

| — | reliability of analysis of dioxins and dioxin-like polychlorinated biphenyls (PCBs) in feed at levels lower than the maximum level by GC-MS/MS (Gas Chromatograph-Mass Spectrometer); |
| --- | --- |

—

reliability of analysis of dioxins and dioxin-like polychlorinated biphenyls (PCBs) in feed at levels lower than the maximum level by GC-MS/MS (Gas Chromatograph-Mass Spectrometer);

| — | specification of metals in food and feed by multi-analytical methods; |
| --- | --- |

—

specification of metals in food and feed by multi-analytical methods;

| — | screening methods for the presence of polycyclic aromatic hydrocarbons (PAH) in food; |
| --- | --- |

—

screening methods for the presence of polycyclic aromatic hydrocarbons (PAH) in food;

| — | ensuring reliability of analytical results for the control of mycotoxins, in particular in the light of the new legal requirements (such as e.g. use of screening methods, control of citrinin). |
| --- | --- |

—

ensuring reliability of analytical results for the control of mycotoxins, in particular in the light of the new legal requirements (such as e.g. use of screening methods, control of citrinin).

Residues

| — | method development and dissemination for analysis of residues of veterinary medicinal products (including prohibited substances and banned uses) in food of animal origin; |
| --- | --- |

—

method development and dissemination for analysis of residues of veterinary medicinal products (including prohibited substances and banned uses) in food of animal origin;

| — | technical assistance related to analytical aspects of residue monitoring; |
| --- | --- |

—

technical assistance related to analytical aspects of residue monitoring;

| — | maintenance of the appropriate level of proficiency in NRLs. |
| --- | --- |

—

maintenance of the appropriate level of proficiency in NRLs.

Biological Risks

| — | evaluation of new high quality analytical methods for biological hazards; |
| --- | --- |

—

evaluation of new high quality analytical methods for biological hazards;

| — | improvement of existing methods; |
| --- | --- |

—

improvement of existing methods;

| — | maintenance of the appropriate level of proficiency in the NRLs in order to ensure reliability and efficiency of official control analytical methods; |
| --- | --- |

—

maintenance of the appropriate level of proficiency in the NRLs in order to ensure reliability and efficiency of official control analytical methods;

| — | technical assistance to the Commission related to analytical aspects. |
| --- | --- |

—

technical assistance to the Commission related to analytical aspects.

Food Contact materials, GMOs, feed additives

| — | development and validation of new and improved methods for testing metals migration from ceramic materials in the context of the revision of Council Directive 84/500/EEC (1); |
| --- | --- |

—

development and validation of new and improved methods for testing metals migration from ceramic materials in the context of the revision of Council Directive 84/500/EEC (1);

| — | preparation for accelerated collection of new methods for which method descriptions will be required under Commission Regulation (EU) No 10/2011 (2) including the development of an online database for dissemination purposes; |
| --- | --- |

—

preparation for accelerated collection of new methods for which method descriptions will be required under Commission Regulation (EU) No 10/2011 (2) including the development of an online database for dissemination purposes;

| — | development of high-throughput analytical methods for GMO detection and dissemination to NRLs; |
| --- | --- |

—

development of high-throughput analytical methods for GMO detection and dissemination to NRLs;

| — | delivery of training, information, updates to NRLs and third countries; |
| --- | --- |

—

delivery of training, information, updates to NRLs and third countries;

| — | analysis and testing of fat-soluble vitamins, carotenoids and cobalt in feedingstuffs; |
| --- | --- |

—

analysis and testing of fat-soluble vitamins, carotenoids and cobalt in feedingstuffs;

| — | ensure the implementation of high quality analytical methods and reliability of analytical results. |
| --- | --- |

—

ensure the implementation of high quality analytical methods and reliability of analytical results.

Animal Health

| — | development and implementation of high quality analytical methods for animal diseases; |
| --- | --- |

—

development and implementation of high quality analytical methods for animal diseases;

| — | maintenance of a state of art of proficiency testing ensuring efficiency of control analysis methods. |
| --- | --- |

—

maintenance of a state of art of proficiency testing ensuring efficiency of control analysis methods.

1.7.   Essential criteria

1.   Eligibility criteria

| — | Status of a European Union reference laboratory in accordance with Regulation (EC) No 882/2004, excluding EU-RLs within the Joint Research Centre. |
| --- | --- |

—

Status of a European Union reference laboratory in accordance with Regulation (EC) No 882/2004, excluding EU-RLs within the Joint Research Centre.

2.   Exclusion criteria

The applicants are not in any of the situations of exclusion listed in Articles 106 and 107 of the Financial Regulation.

3.   Award criteria

| — | Conformity with objectives and priorities of the present Commission's work programme for the year 2015. |
| --- | --- |

—

Conformity with objectives and priorities of the present Commission's work programme for the year 2015.

1.8.   Implementation

The work programme will be implemented directly by the Commission.

1.9.   Indicative timetable and indicative amount of the grants awarded without a call for proposals

January 2015.

1.10.   Maximum possible rate of co-financing of the total costs

100 %

---

(1)  Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs (OJ L 277, 20.10.1984, p. 12).

(2)  Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (OJ L 12, 15.1.2011, p. 1).

---

| 26.7.2014 | EN | Official Journal of the European Union | C 244/14 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/14

---

Explanatory Notes to the Combined Nomenclature of the European Union

2014/C 244/07

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the explanatory notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 101, the second paragraph of the explanatory notes to subheadings ‘2403 10 10 and 2403 10 90 Smoking tobacco, whether or not containing tobacco substitutes in any proportion’ is replaced by the following:

‘Waste resulting from the manipulation of tobacco leaves or from the manufacture of tobacco products which is capable of being smoked is considered as smoking tobacco if it does not meet the description of cigars, cigarillos or cigarettes (see the explanatory notes to subheadings 2402 10 00 and 2402 20 10 and 2402 20 90).’

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 137, 6.5.2011, p. 1.

2

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European Data Protection Supervisor

| 26.7.2014 | EN | Official Journal of the European Union | C 244/15 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/15

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Executive summary of the Opinion of the European Data Protection Supervisor on the package of legislative measures reforming Eurojust and setting up the European Public Prosecutor’s Office (‘EPPO’)

(The full text of this Opinion can be found in English, French and German on the EDPS website (www.edps.europa.eu))

2014/C 244/08

A.   INTRODUCTION

A.1.   Context of the opinion

| 1. | On 17 July 2013, the Commission adopted a package of legislative measures setting up the European Public Prosecutor’s Office (‘EPPO’) and reforming Eurojust. This package consists of:






  — | the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions entitled ‘Better protection of the Union’s financial interests: Setting up the European Public Prosecutor’s Office and reforming Eurojust’ (1) (hereinafter the ‘EPPO and Eurojust Communication’), |
| --- | --- | --- |

1.

On 17 July 2013, the Commission adopted a package of legislative measures setting up the European Public Prosecutor’s Office (‘EPPO’) and reforming Eurojust. This package consists of:

—

the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions entitled ‘Better protection of the Union’s financial interests: Setting up the European Public Prosecutor’s Office and reforming Eurojust’ (1) (hereinafter the ‘EPPO and Eurojust Communication’),

| — | the Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (hereinafter the ‘Eurojust Proposal’) (2), |
| --- | --- |

—

the Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (hereinafter the ‘Eurojust Proposal’) (2),

| — | the Proposal for a Council regulation on the establishment of the European Public Prosecutor’s Office (3) (hereinafter the ‘EPPO Proposal’), and |
| --- | --- |

—

the Proposal for a Council regulation on the establishment of the European Public Prosecutor’s Office (3) (hereinafter the ‘EPPO Proposal’), and

| — | the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions entitled: ‘Improving OLAF’s governance and reinforcing procedural safeguards in investigations: A step-by-step approach to accompany the establishment of the European Public Prosecutor’s Office’ (4) (hereinafter the ‘OLAF Communication’). |
| --- | --- |

—

the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions entitled: ‘Improving OLAF’s governance and reinforcing procedural safeguards in investigations: A step-by-step approach to accompany the establishment of the European Public Prosecutor’s Office’ (4) (hereinafter the ‘OLAF Communication’).

| 2. | Before the adoption of the package, the EDPS had the opportunity to provide informal comments. The EDPS welcomes the fact that that the Commission has taken some of these comments into account. |
| --- | --- |

2.

Before the adoption of the package, the EDPS had the opportunity to provide informal comments. The EDPS welcomes the fact that that the Commission has taken some of these comments into account.

| 3. | The EDPS also welcomes the fact that the Commission has consulted the EDPS and that a reference to the consultation is included in the preambles of both proposals. |
| --- | --- |

3.

The EDPS also welcomes the fact that the Commission has consulted the EDPS and that a reference to the consultation is included in the preambles of both proposals.

A.2.   Aims of the package

| 4. | The reform of Eurojust and the creation of a European Public Prosecutor’s Office aim at fighting fraud, at making prosecution at EU level more accountable and at raising the level of protection for those involved in investigations (5). |
| --- | --- |

4.

The reform of Eurojust and the creation of a European Public Prosecutor’s Office aim at fighting fraud, at making prosecution at EU level more accountable and at raising the level of protection for those involved in investigations (5).

| 5. | The Eurojust Proposal is based on Article 85 TFEU and has the following objectives:






  — | increase Eurojust’s efficiency by providing it with a new governance structure, |
| --- | --- | --- |

5.

The Eurojust Proposal is based on Article 85 TFEU and has the following objectives:

—

increase Eurojust’s efficiency by providing it with a new governance structure,

| — | improve Eurojust’s operational effectiveness by homogeneously defining the status and powers of National Members, |
| --- | --- |

—

improve Eurojust’s operational effectiveness by homogeneously defining the status and powers of National Members,

| — | provide for a role for the European Parliament and national Parliaments in the evaluation of Eurojust’s activities, in line with the Lisbon Treaty, |
| --- | --- |

—

provide for a role for the European Parliament and national Parliaments in the evaluation of Eurojust’s activities, in line with the Lisbon Treaty,

| — | bring Eurojust’s legal framework in line with the Common Approach, whilst fully respecting its special role regarding the coordination of ongoing criminal investigations, |
| --- | --- |

—

bring Eurojust’s legal framework in line with the Common Approach, whilst fully respecting its special role regarding the coordination of ongoing criminal investigations,

| — | ensure that Eurojust can cooperate closely with the European Public Prosecutor’s Office, once this is established. |
| --- | --- |

—

ensure that Eurojust can cooperate closely with the European Public Prosecutor’s Office, once this is established.

| 6. | The EPPO Proposal is based on Article 86 TFEU and has in particular the following objectives:






  — | contribute to the strengthening of the protection of the Union’s financial interests and further development of an area of justice, and to enhance the trust of EU businesses and citizens in the Union’s institutions, while respecting the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union (‘EU Charter’), |
| --- | --- | --- |

6.

The EPPO Proposal is based on Article 86 TFEU and has in particular the following objectives:

—

contribute to the strengthening of the protection of the Union’s financial interests and further development of an area of justice, and to enhance the trust of EU businesses and citizens in the Union’s institutions, while respecting the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union (‘EU Charter’),

| — | establish a coherent European system for the investigation and prosecution of offences affecting the Union’s financial interests, |
| --- | --- |

—

establish a coherent European system for the investigation and prosecution of offences affecting the Union’s financial interests,

| — | ensure a more efficient and effective investigation and prosecution of offences affecting the EU’s financial interests, |
| --- | --- |

—

ensure a more efficient and effective investigation and prosecution of offences affecting the EU’s financial interests,

| — | increase the number of prosecutions, leading to more convictions and recovery of fraudulently obtained Union funds, |
| --- | --- |

—

increase the number of prosecutions, leading to more convictions and recovery of fraudulently obtained Union funds,

| — | ensure close cooperation and effective information exchange between the European and national competent authorities, |
| --- | --- |

—

ensure close cooperation and effective information exchange between the European and national competent authorities,

| — | enhance deterrence of committing offences affecting the Union’s financial interests. |
| --- | --- |

—

enhance deterrence of committing offences affecting the Union’s financial interests.

| 7. | Both proposals are of great importance from the perspective of data protection since the processing of personal data is part of the core activities carried out by Eurojust and will be part of the core activities of EPPO. |
| --- | --- |

7.

Both proposals are of great importance from the perspective of data protection since the processing of personal data is part of the core activities carried out by Eurojust and will be part of the core activities of EPPO.

A.3.   Aim of the Opinion

| 8. | This opinion will focus on the changes to the legal framework of Eurojust which are most relevant to data protection. It will also make recommendations on provisions that are similar to the existing ones with the aim of further strengthening the data protection regime applicable to Eurojust. |
| --- | --- |

8.

This opinion will focus on the changes to the legal framework of Eurojust which are most relevant to data protection. It will also make recommendations on provisions that are similar to the existing ones with the aim of further strengthening the data protection regime applicable to Eurojust.

| 9. | As regards the EPPO Proposal, the EDPS would note that, in terms of data protection, the proposal is extensively based on the Eurojust Proposal. The opinion will therefore analyse this Proposal in conjunction with the Eurojust Proposal whilst also pointing to some specificities where relevant. The EDPS would emphasise that this analysis is restricted to data protection aspects. It does not assess whether the provisions contained in the EPPO proposal are in conformity with other fundamental rights (6). |
| --- | --- |

9.

As regards the EPPO Proposal, the EDPS would note that, in terms of data protection, the proposal is extensively based on the Eurojust Proposal. The opinion will therefore analyse this Proposal in conjunction with the Eurojust Proposal whilst also pointing to some specificities where relevant. The EDPS would emphasise that this analysis is restricted to data protection aspects. It does not assess whether the provisions contained in the EPPO proposal are in conformity with other fundamental rights (6).

D.   CONCLUSIONS

| 122. | The EDPS broadly welcomes the provisions for data protection in the Proposals on Eurojust and the EPPO, since the processing of personal data is part of the core activities carried out by Eurojust and will be part of the core activities of EPPO. Regulation (EC) No 45/2001 is rightly the point of reference under the Proposals, which provide for a consistent and homogeneous application of the data protection rules to all EU bodies whilst taking into account the specificities of police and judicial cooperation in criminal law. |
| --- | --- |

122.

The EDPS broadly welcomes the provisions for data protection in the Proposals on Eurojust and the EPPO, since the processing of personal data is part of the core activities carried out by Eurojust and will be part of the core activities of EPPO. Regulation (EC) No 45/2001 is rightly the point of reference under the Proposals, which provide for a consistent and homogeneous application of the data protection rules to all EU bodies whilst taking into account the specificities of police and judicial cooperation in criminal law.

| 123. | Since the activities of Eurojust and EPPO cannot be assimilated to genuine judicial activities, the processing of personal data by these bodies should be subject to supervision by an independent supervisory authority. In view of the principle that supervision should follow the controller, an EU authority should guarantee the supervision of Eurojust and EPPO, controllers which are EU bodies. In this respect, it is logical and consistent that the EDPS, the independent EU authority established to supervise all the EU institutions and bodies, should carry out this role. |
| --- | --- |

123.

Since the activities of Eurojust and EPPO cannot be assimilated to genuine judicial activities, the processing of personal data by these bodies should be subject to supervision by an independent supervisory authority. In view of the principle that supervision should follow the controller, an EU authority should guarantee the supervision of Eurojust and EPPO, controllers which are EU bodies. In this respect, it is logical and consistent that the EDPS, the independent EU authority established to supervise all the EU institutions and bodies, should carry out this role.

| 124. | Moreover, since much of the data processed by Eurojust and the EPPO will originate from Member States, it is necessary to provide for the active involvement of national data protection authorities by way of close cooperation with the EDPS in order to ensure comprehensive supervision at both EU and national level. However at EU level the notion of independent and effective supervision requires full and sole responsibility for the EDPS, subject to review by the CJEU. |
| --- | --- |

124.

Moreover, since much of the data processed by Eurojust and the EPPO will originate from Member States, it is necessary to provide for the active involvement of national data protection authorities by way of close cooperation with the EDPS in order to ensure comprehensive supervision at both EU and national level. However at EU level the notion of independent and effective supervision requires full and sole responsibility for the EDPS, subject to review by the CJEU.

| 125. | There are however a number of both general and specific provisions which need to be corrected or improved. In view of the importance of the Proposals for data protection the EDPS has therefore set forth a number of recommendations designed to ensure that the Proposals achieve the necessary standard of comprehensive and effective protection of personal data by Eurojust and the EPPO. |
| --- | --- |

125.

There are however a number of both general and specific provisions which need to be corrected or improved. In view of the importance of the Proposals for data protection the EDPS has therefore set forth a number of recommendations designed to ensure that the Proposals achieve the necessary standard of comprehensive and effective protection of personal data by Eurojust and the EPPO.

| 126. | The EDPS recommends:






  — | providing in the Eurojust Proposal a clear conceptual distinction between operational data (case-related data) and administrative data (non-case-related data) and redrafting Article 27(5) of the Eurojust Proposal in line with these definitions, |
| --- | --- | --- |

126.

The EDPS recommends:

—

providing in the Eurojust Proposal a clear conceptual distinction between operational data (case-related data) and administrative data (non-case-related data) and redrafting Article 27(5) of the Eurojust Proposal in line with these definitions,

| — | defining in the Eurojust and EPPO Proposals the following terms: competent authorities, Union bodies, third countries, international organisations, private parties and private persons, |
| --- | --- |

—

defining in the Eurojust and EPPO Proposals the following terms: competent authorities, Union bodies, third countries, international organisations, private parties and private persons,

| — | clearly and precisely defining the field of competences of EPPO, |
| --- | --- |

—

clearly and precisely defining the field of competences of EPPO,

| — | clarifying whether personal data may be processed in files outside the Case Management System, |
| --- | --- |

—

clarifying whether personal data may be processed in files outside the Case Management System,

| — | replacing the wording ‘case-related personal data’ by ‘operational personal data’ in Article 22(6) of the EPPO Proposal to ensure consistency with the definitions provided in Article 2(e) of the EPPO Proposal, |
| --- | --- |

—

replacing the wording ‘case-related personal data’ by ‘operational personal data’ in Article 22(6) of the EPPO Proposal to ensure consistency with the definitions provided in Article 2(e) of the EPPO Proposal,

| — | clarifying in Eurojust and EPPO Proposals the purposes of the processing of personal data with regard to the index, the temporary work files and, if applicable, any other files containing operational data which include personal data, |
| --- | --- |

—

clarifying in Eurojust and EPPO Proposals the purposes of the processing of personal data with regard to the index, the temporary work files and, if applicable, any other files containing operational data which include personal data,

| — | removing from Articles 24(2)(c) of the Eurojust Proposal and 22(2)(c) of the EPPO proposal that the CMS facilitates the monitoring of lawfulness and compliance with data protection rules and mentioning this is in a distinct paragraph, |
| --- | --- |

—

removing from Articles 24(2)(c) of the Eurojust Proposal and 22(2)(c) of the EPPO proposal that the CMS facilitates the monitoring of lawfulness and compliance with data protection rules and mentioning this is in a distinct paragraph,

| — | explaining the reasons for the category of data on ‘customs and tax identification number’ or deleting it from Annex 2, |
| --- | --- |

—

explaining the reasons for the category of data on ‘customs and tax identification number’ or deleting it from Annex 2,

| — | adding in Article 37(3) of the EPPO Proposal that the data protection officer shall be informed of the specific circumstances which justify the necessity of the processing of such personal data and providing in Article 27(3) of the Eurojust Proposal and in Article 37(3) of the EPPO Proposal that the justification shall be properly documented, |
| --- | --- |

—

adding in Article 37(3) of the EPPO Proposal that the data protection officer shall be informed of the specific circumstances which justify the necessity of the processing of such personal data and providing in Article 27(3) of the Eurojust Proposal and in Article 37(3) of the EPPO Proposal that the justification shall be properly documented,

| — | also adding the persons under the age of 18 in last sentence of Articles 27(3) and 27(4) in the Eurojust Proposal and in last sentence of Article 37(4) of the EPPO Proposal. |
| --- | --- |

—

also adding the persons under the age of 18 in last sentence of Articles 27(3) and 27(4) in the Eurojust Proposal and in last sentence of Article 37(4) of the EPPO Proposal.

| — | deleting Article 28(4) of the Eurojust Proposal and Article 38(4) of the EPPO Proposal since the obligation to review the data is already mentioned in another paragraph and the review should be carried out by the controller (i.e. Eurojust or EPPO) and not by the EDPS, |
| --- | --- |

—

deleting Article 28(4) of the Eurojust Proposal and Article 38(4) of the EPPO Proposal since the obligation to review the data is already mentioned in another paragraph and the review should be carried out by the controller (i.e. Eurojust or EPPO) and not by the EDPS,

| — | including in Article 28 of the Eurojust Proposal and Article 38 of the EPPO Proposal, a paragraph providing for the continued storage of data in the following situations:






  — | when necessary to protect the interests of a data subject who requires protection, |
| --- | --- | --- |

—

including in Article 28 of the Eurojust Proposal and Article 38 of the EPPO Proposal, a paragraph providing for the continued storage of data in the following situations:

—

when necessary to protect the interests of a data subject who requires protection,

| — | when their accuracy is contested by the data subject, for a period enabling the controller to verify the accuracy of the data, |
| --- | --- |

—

when their accuracy is contested by the data subject, for a period enabling the controller to verify the accuracy of the data,

| — | when the personal data have to be maintained for purposes of proof, |
| --- | --- |

—

when the personal data have to be maintained for purposes of proof,

| — | when the data subject opposes their erasure and requests the restriction of their use instead, |
| --- | --- |

—

when the data subject opposes their erasure and requests the restriction of their use instead,

| — | adding in the Eurojust Proposal a specific provision listing all the sources of information processed by Eurojust, |
| --- | --- |

—

adding in the Eurojust Proposal a specific provision listing all the sources of information processed by Eurojust,

| — | amending Article 31 of the Eurojust Proposal to ensure that the data protection officer is appointed by the College, |
| --- | --- |

—

amending Article 31 of the Eurojust Proposal to ensure that the data protection officer is appointed by the College,

| — | replacing in Article 31(2) of the Eurojust Proposal and Article 41(2) of the EPPO Proposal the wording ‘When complying with the obligations set out in Article 24 of Regulation (EC) 45/2001’ with ‘In addition to the obligations set out in Article 24 of Regulation (EC) 45/2001’, |
| --- | --- |

—

replacing in Article 31(2) of the Eurojust Proposal and Article 41(2) of the EPPO Proposal the wording ‘When complying with the obligations set out in Article 24 of Regulation (EC) 45/2001’ with ‘In addition to the obligations set out in Article 24 of Regulation (EC) 45/2001’,

| — | providing in Article 31(3) of the Eurojust Proposal and Article 41(3) of the EPPO Proposal that the DPO staff members shall have access to all data processed by Eurojust and to all Eurojust premises in the performance of their tasks and adding that such access is possible at any time and without prior request, |
| --- | --- |

—

providing in Article 31(3) of the Eurojust Proposal and Article 41(3) of the EPPO Proposal that the DPO staff members shall have access to all data processed by Eurojust and to all Eurojust premises in the performance of their tasks and adding that such access is possible at any time and without prior request,

| — | adding in Article 31 of the Eurojust Proposal and Article 41 of the EPPO Proposal the task of keeping a register of such incidents affecting both operational and administrative personal data processed by Eurojust, |
| --- | --- |

—

adding in Article 31 of the Eurojust Proposal and Article 41 of the EPPO Proposal the task of keeping a register of such incidents affecting both operational and administrative personal data processed by Eurojust,

| — | deleting Article 32(4) of the Eurojust Proposal and Article 42(4) of the EPPO Proposal since Article 20 of Regulation (EC) No 45/2001 — which is applicable to Eurojust and EPPO — already covers these provisions, |
| --- | --- |

—

deleting Article 32(4) of the Eurojust Proposal and Article 42(4) of the EPPO Proposal since Article 20 of Regulation (EC) No 45/2001 — which is applicable to Eurojust and EPPO — already covers these provisions,

| — | deleting the second sentence of Article 32(6) of the Eurojust Proposal, which mentions the time limit, as it is redundant with Article 32(2) of the Eurojust Proposal, |
| --- | --- |

—

deleting the second sentence of Article 32(6) of the Eurojust Proposal, which mentions the time limit, as it is redundant with Article 32(2) of the Eurojust Proposal,

| — | deleting Article 32(7) of the Eurojust Proposal and Article 42(4) of the EPPO Proposal since they are redundant with Regulation (EC) No 45/2001, |
| --- | --- |

—

deleting Article 32(7) of the Eurojust Proposal and Article 42(4) of the EPPO Proposal since they are redundant with Regulation (EC) No 45/2001,

| — | adding in the title of Article 33 of the Eurojust Proposal and Article 43 of the EPPO Proposal the following wording ‘Modalities regarding’, |
| --- | --- |

—

adding in the title of Article 33 of the Eurojust Proposal and Article 43 of the EPPO Proposal the following wording ‘Modalities regarding’,

| — | providing for rules on the rectification, erasure or restriction of data provided by EU bodies in Article 33 of the Eurojust Proposal, |
| --- | --- |

—

providing for rules on the rectification, erasure or restriction of data provided by EU bodies in Article 33 of the Eurojust Proposal,

| — | replacing the current wording in Article 34(1) of the Eurojust Proposal and in Article 44(1) of the EPPO Proposal by the following: ‘Eurojust shall process personal data in such a way that its source can always be established’, |
| --- | --- |

—

replacing the current wording in Article 34(1) of the Eurojust Proposal and in Article 44(1) of the EPPO Proposal by the following: ‘Eurojust shall process personal data in such a way that its source can always be established’,

| — | in Article 34(3) of the Eurojust Proposal and Article 44(2) of the EPPO Proposal, separating the two sentences in distinct paragraphs since they deal with different topics, |
| --- | --- |

—

in Article 34(3) of the Eurojust Proposal and Article 44(2) of the EPPO Proposal, separating the two sentences in distinct paragraphs since they deal with different topics,

| — | amending the first sentence of Articles 34(3) of the Eurojust Proposal and of Article 44(3) of the EPPO Proposal, to clarify responsibilities, |
| --- | --- |

—

amending the first sentence of Articles 34(3) of the Eurojust Proposal and of Article 44(3) of the EPPO Proposal, to clarify responsibilities,

| — | redrafting the last sentence of Article 36(1) of the Eurojust Proposal and of Article 46(1) of the EPPO Proposal, to ensure that the EDPS takes utmost account of the opinion of competent national supervisory authorities, |
| --- | --- |

—

redrafting the last sentence of Article 36(1) of the Eurojust Proposal and of Article 46(1) of the EPPO Proposal, to ensure that the EDPS takes utmost account of the opinion of competent national supervisory authorities,

| — | adding the word ‘including’ between ‘international organisations’ and ‘the International Criminal Police Organisation (Interpol)’ at the end of Article 38(1) of the Eurojust Proposal, and replacing ‘international organisations or Interpol’ by ‘international organisations including Interpol’ in Article 40(1) and 45(2) of the Eurojust Proposal, |
| --- | --- |

—

adding the word ‘including’ between ‘international organisations’ and ‘the International Criminal Police Organisation (Interpol)’ at the end of Article 38(1) of the Eurojust Proposal, and replacing ‘international organisations or Interpol’ by ‘international organisations including Interpol’ in Article 40(1) and 45(2) of the Eurojust Proposal,

| — | removing the possibility for Eurojust to assume Member States' consent by deleting Article 38(4)(a) of the Eurojust Proposal and adding that the consent should be given ‘prior to the transfer’, in the second sentence of Article 38(4) of the Eurojust Proposal, |
| --- | --- |

—

removing the possibility for Eurojust to assume Member States' consent by deleting Article 38(4)(a) of the Eurojust Proposal and adding that the consent should be given ‘prior to the transfer’, in the second sentence of Article 38(4) of the Eurojust Proposal,

| — | adding to Article 38 of the Eurojust Proposal a paragraph requiring that data shall be transferred only if the recipient gives an undertaking that the data shall be used for the sole purpose for which they were transmitted, |
| --- | --- |

—

adding to Article 38 of the Eurojust Proposal a paragraph requiring that data shall be transferred only if the recipient gives an undertaking that the data shall be used for the sole purpose for which they were transmitted,

| — | adding to Article 38 of the Eurojust Proposal a paragraph requiring that Eurojust should keep detailed records of the transfers of personal data as well as of the grounds for such transfers, in line with Article 31(2)(a) of the Eurojust Proposal. The same recommendations applies to Article 56 of the EPPO Proposal, |
| --- | --- |

—

adding to Article 38 of the Eurojust Proposal a paragraph requiring that Eurojust should keep detailed records of the transfers of personal data as well as of the grounds for such transfers, in line with Article 31(2)(a) of the Eurojust Proposal. The same recommendations applies to Article 56 of the EPPO Proposal,

| — | clarifying the title of Section II (Relations with partners) of Chapter V of the Eurojust Proposal and of Section II of Chapter VIII of the EPPO Proposal, |
| --- | --- |

—

clarifying the title of Section II (Relations with partners) of Chapter V of the Eurojust Proposal and of Section II of Chapter VIII of the EPPO Proposal,

| — | specifying in Article 40(5) of the Eurojust Proposal that Eurojust shall share the information in accordance with the decision of the Member State, Union body, third country or international organisation that provided that information to Eurojust, |
| --- | --- |

—

specifying in Article 40(5) of the Eurojust Proposal that Eurojust shall share the information in accordance with the decision of the Member State, Union body, third country or international organisation that provided that information to Eurojust,

| — | adding in a recital of the Proposals a justification as to the need for an automatic and systematic exchange of information between Eurojust and EPPO, |
| --- | --- |

—

adding in a recital of the Proposals a justification as to the need for an automatic and systematic exchange of information between Eurojust and EPPO,

| — | moving Article 42(1) to Article 39, which deals with the cooperation with the European Judicial Network and other networks of the EU involved in cooperation in criminal matters, |
| --- | --- |

—

moving Article 42(1) to Article 39, which deals with the cooperation with the European Judicial Network and other networks of the EU involved in cooperation in criminal matters,

| — | deleting in Article 43 of the Eurojust Proposal the reference to Article 38(1) and enumerating instead the entities with whom Eurojust may establish working arrangements (third countries and international organisations), |
| --- | --- |

—

deleting in Article 43 of the Eurojust Proposal the reference to Article 38(1) and enumerating instead the entities with whom Eurojust may establish working arrangements (third countries and international organisations),

| — | specifying in Article 43 of the Eurojust Proposal that this article is without prejudice of the conditions provided in Section IV of the Eurojust Proposal for the transfer of personal data to third countries and international organisations, |
| --- | --- |

—

specifying in Article 43 of the Eurojust Proposal that this article is without prejudice of the conditions provided in Section IV of the Eurojust Proposal for the transfer of personal data to third countries and international organisations,

| — | adding in Article 44 of the Eurojust Proposal that the latter applies without prejudice to Articles 40-42, |
| --- | --- |

—

adding in Article 44 of the Eurojust Proposal that the latter applies without prejudice to Articles 40-42,

| — | including in Article 44 of the Eurojust Proposal and Article 61 of the EPPO Proposal the obligation for Eurojust/EPPO to publish on their website a regularly updated list of the EU institutions and bodies with whom they share information, |
| --- | --- |

—

including in Article 44 of the Eurojust Proposal and Article 61 of the EPPO Proposal the obligation for Eurojust/EPPO to publish on their website a regularly updated list of the EU institutions and bodies with whom they share information,

| — | deleting in Article 45 of the Eurojust Proposal and in Article 61 of the EPPO Proposal the reference to Directive 95/46/EC and including in the Proposal the criteria and procedure to be followed by the Commission for the adoption of an adequacy decision, |
| --- | --- |

—

deleting in Article 45 of the Eurojust Proposal and in Article 61 of the EPPO Proposal the reference to Directive 95/46/EC and including in the Proposal the criteria and procedure to be followed by the Commission for the adoption of an adequacy decision,

| — | adding to Article 45(1) of the Eurojust Proposal in fine and to Article 61(1) in fine of the EPPO Proposal that the EDPS should be consulted in a timely manner during the negotiation of any international agreement between the EU and a third country or an international organisation, and in particular before adoption of the negotiating mandate as well as before the finalisation of the agreement, |
| --- | --- |

—

adding to Article 45(1) of the Eurojust Proposal in fine and to Article 61(1) in fine of the EPPO Proposal that the EDPS should be consulted in a timely manner during the negotiation of any international agreement between the EU and a third country or an international organisation, and in particular before adoption of the negotiating mandate as well as before the finalisation of the agreement,

| — | adding to Article 45(1) of the Eurojust Proposal and to Article 61(1) of the EPPO Proposal a transitional clause on existing cooperation agreements regulating personal data transfers by Eurojust, which provides for a reassessment of these agreements in order to ensure their compliance with the requirements of the Eurojust Proposal, within a deadline of no longer than two years after the entry into force of the Eurojust Proposal, |
| --- | --- |

—

adding to Article 45(1) of the Eurojust Proposal and to Article 61(1) of the EPPO Proposal a transitional clause on existing cooperation agreements regulating personal data transfers by Eurojust, which provides for a reassessment of these agreements in order to ensure their compliance with the requirements of the Eurojust Proposal, within a deadline of no longer than two years after the entry into force of the Eurojust Proposal,

| — | including in Article 45(1) of the Eurojust Proposal and in Article 61(1) of the EPPO Proposal the obligation for Eurojust and EPPO to publish on their website a regularly updated list of its international and cooperation agreements with third countries and international organisations, |
| --- | --- |

—

including in Article 45(1) of the Eurojust Proposal and in Article 61(1) of the EPPO Proposal the obligation for Eurojust and EPPO to publish on their website a regularly updated list of its international and cooperation agreements with third countries and international organisations,

| — | adding expressly in Article 45(2) of the Eurojust Proposal and in Article 61(2 of the EPPO Proposal that derogations are applicable to occasional transfers and not to frequent, massive or structural transfers (sets of transfers), |
| --- | --- |

—

adding expressly in Article 45(2) of the Eurojust Proposal and in Article 61(2 of the EPPO Proposal that derogations are applicable to occasional transfers and not to frequent, massive or structural transfers (sets of transfers),

| — | deleting Article 45(2)(a) of the Eurojust Proposal/Article 61(2)(a) of the EPPO Proposal and replacing it with Article 45(2)(c) of the Eurojust Proposal/Article 61(2)(c) of the EPPO Proposal as first derogation, |
| --- | --- |

—

deleting Article 45(2)(a) of the Eurojust Proposal/Article 61(2)(a) of the EPPO Proposal and replacing it with Article 45(2)(c) of the Eurojust Proposal/Article 61(2)(c) of the EPPO Proposal as first derogation,

| — | amending Article 45(3) of the Eurojust Proposal and Article 61(3) of the EPPO Proposal, |
| --- | --- |

—

amending Article 45(3) of the Eurojust Proposal and Article 61(3) of the EPPO Proposal,

| — | providing in Article 45 of the Eurojust Proposal and in Article 61 of the EPPO Proposal that any transfers based on derogations should be specifically documented. |
| --- | --- |

—

providing in Article 45 of the Eurojust Proposal and in Article 61 of the EPPO Proposal that any transfers based on derogations should be specifically documented.

Done at Brussels, 5 March 2014.

Giovanni BUTTARELLI

Assistant European Data Protection Supervisor

---

(1)  COM(2013) 532 final.

1

(2)  COM(2013) 535 final.

2

(3)  COM(2013) 534 final.

3

(4)  COM(2013) 533 final.

4

(5)  The EPPO and Eurojust Communication, point 1.

5

(6)  See for analysis of other fundamental rights in particular the opinion of the European Union Agency for Fundamental Rights (‘FRA’) on a proposal to establish a European Public Prosecutor’s Office, Vienna, 4 February 2014, available on the website of FRA: http://fra.europa.eu/en

6

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NOTICES FROM MEMBER STATES

| 26.7.2014 | EN | Official Journal of the European Union | C 244/21 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/21

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Information communicated by Member States regarding closure of fisheries

2014/C 244/09

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 7.7.2014 |
| --- | --- |
| Duration | 7.7-31.12.2014 |
| Member State | France |
| Stock or Group of stocks | ANF/8C3411 |
| Species | Anglerfish (Lophiidae) |
| Zone | VIIIc, IX and X; Union waters of CECAF 34.1.1 |
| Type(s) of fishing vessels | — |
| Reference number | 15/TQ43 |

Date and time of closure

7.7.2014

Duration

7.7-31.12.2014

Member State

France

Stock or Group of stocks

ANF/8C3411

Species

Anglerfish (Lophiidae)

Zone

VIIIc, IX and X; Union waters of CECAF 34.1.1

Type(s) of fishing vessels

—

Reference number

15/TQ43

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(1)  OJ L 343, 22.12.2009, p. 1.

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| 26.7.2014 | EN | Official Journal of the European Union | C 244/22 |
| --- | --- | --- | --- |

26.7.2014

EN

Official Journal of the European Union

C 244/22

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Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 316, 28.12.2007, p. 1; OJ C 134, 31.5.2008, p. 16; OJ C 177, 12.7.2008, p. 9; OJ C 200, 6.8.2008, p. 10; OJ C 331, 31.12.2008, p. 13; OJ C 3, 8.1.2009, p. 10; OJ C 37, 14.2.2009, p. 10; OJ C 64, 19.3.2009, p. 20; OJ C 99, 30.4.2009, p. 7; OJ C 229, 23.9.2009, p. 28; OJ C 263, 5.11.2009, p. 22; OJ C 298, 8.12.2009, p. 17; OJ C 74, 24.3.2010, p. 13; OJ C 326, 3.12.2010, p. 17; OJ C 355, 29.12.2010, p. 34; OJ C 22, 22.1.2011, p. 22; OJ C 37, 5.2.2011, p. 12; OJ C 149, 20.5.2011, p. 8; OJ C 190, 30.6.2011, p. 17; OJ C 203, 9.7.2011, p. 14; OJ C 210, 16.7.2011, p. 30; OJ C 271, 14.9.2011, p. 18; OJ C 356, 6.12.2011, p. 12; OJ C 111, 18.4.2012, p. 3; OJ C 183, 23.6.2012, p. 7; OJ C 313, 17.10.2012, p. 11; OJ C 394, 20.12.2012, p. 22; OJ C 51, 22.2.2013, p. 9; OJ C 167, 13.6.2013, p. 9; OJ C 242, 23.8.2013, p. 2; OJ C 275, 24.9.2013, p. 7; OJ C 314, 29.10.2013, p. 5; OJ C 324, 9.11.2013, p. 6; OJ C 57, 28.2.2014, p. 4; OJ C 167, 4.6.2014, p. 9)

2014/C 244/10

The publication of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 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 Home Affairs.

BULGARIA

Replacement of the information published in OJ C 153, 6.7.2007

LIST OF BORDER CROSSING POINTS

| (1) | On the border between Bulgaria and Serbia: Bregovo, Vrashka Chuka, Kalotina, Strezimirovtsi, Oltomantsi; |
| --- | --- |

(1)

On the border between Bulgaria and Serbia: Bregovo, Vrashka Chuka, Kalotina, Strezimirovtsi, Oltomantsi;

| (2) | On the border between Bulgaria and Macedonia: Gyushevo, Stanke Lisichkovo, Zlatarevo; |
| --- | --- |

(2)

On the border between Bulgaria and Macedonia: Gyushevo, Stanke Lisichkovo, Zlatarevo;

| (3) | On the border between Bulgaria and Turkey: Malko Tarnovo, Lesovo, Kapitan Andreevo; |
| --- | --- |

(3)

On the border between Bulgaria and Turkey: Malko Tarnovo, Lesovo, Kapitan Andreevo;

| (4) | On the border between Bulgaria and Greece: Kulata, Ilinden, Kapitan Petko Voyvoda, Ivaylovgrad, Makaza, Zlatograd; |
| --- | --- |

(4)

On the border between Bulgaria and Greece: Kulata, Ilinden, Kapitan Petko Voyvoda, Ivaylovgrad, Makaza, Zlatograd;

| (5) | On the border between Bulgaria and Romania: Vidin (road, passenger and goods train-railway and river), Oryahovo Ferry Port, Ruse Danube Bridge, Silistra, Kardam, Durankulak; |
| --- | --- |

(5)

On the border between Bulgaria and Romania: Vidin (road, passenger and goods train-railway and river), Oryahovo Ferry Port, Ruse Danube Bridge, Silistra, Kardam, Durankulak;

| (6) | River ports: Vidin, Lom, Somovit-Nikopol, Svishtov, Ruse, Tutrakan, Silistra; |
| --- | --- |

(6)

River ports: Vidin, Lom, Somovit-Nikopol, Svishtov, Ruse, Tutrakan, Silistra;

| (7) | Sea ports: Balchik, Varna, Burgas, Tsarevo; |
| --- | --- |

(7)

Sea ports: Balchik, Varna, Burgas, Tsarevo;

| (8) | Airports: Sofia Airport, Plovdiv Airport, Gorna Oryahovitsa Airport, Varna Airport, Burgas Airport. |
| --- | --- |

(8)

Airports: Sofia Airport, Plovdiv Airport, Gorna Oryahovitsa Airport, Varna Airport, Burgas Airport.

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V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 26.7.2014 | EN | Official Journal of the European Union | C 244/23 |
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26.7.2014

EN

Official Journal of the European Union

C 244/23

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Call for expressions of interest to become a candidate member of the SESAR Joint Undertaking

SESAR Research and Innovation Programme 2020

Ref. SJU/LC/0110-CEI

2014/C 244/11

The SESAR Joint Undertaking (SJU) has launched a call for expression of interests to become a candidate member of the SJU. This call is addressed to the current members, who wish to confirm their interest in SESAR 2020, and to any new entity who intends to become a member of the SJU, and who fulfil the criteria established in the SJU Regulation and Horizon 2020 for the activities to be carried out under the European Union’s 2014-2020 financial framework.

The deadline for submission of applications is set on 30 September 2014.

Further details and the call documentation are available on the SJU website:

http://www.sesarju.eu/procurement

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