# Official Journal C 139/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 139 |
| | |
| English edition | Information and Notices | Volume 5023 June 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 139

English edition

Information and Notices

Volume 5023 June 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations, guidelines and opinions |
| | OPINIONS |
| | European Data Protection Supervisor |
| 2007/C 139/01 | Third opinion of the European Data Protection Supervisor on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters | 1 |

Notice No

Contents

page

I   Resolutions, recommendations, guidelines and opinions

OPINIONS

European Data Protection Supervisor

2007/C 139/01

Third opinion of the European Data Protection Supervisor on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 139/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 11 |
| 2007/C 139/03 | Non-opposition to a notified concentration (Case COMP/M.4613 — Eurazeo S.A./Apcoa Parking Holdings Gmbh) (
  1
  ) | 16 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 139/02

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

11

2007/C 139/03

Non-opposition to a notified concentration (Case COMP/M.4613 — Eurazeo S.A./Apcoa Parking Holdings Gmbh) (
  1
  )

1

16

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 139/04 | Euro exchange rates | 17 |
| 2007/C 139/05 | Results of sales of wine alcohol held by public bodies | 18 |
| | NOTICES FROM MEMBER STATES |
| 2007/C 139/06 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid (
  1
  ) | 35 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 139/04

Euro exchange rates

17

2007/C 139/05

Results of sales of wine alcohol held by public bodies

18

NOTICES FROM MEMBER STATES

2007/C 139/06

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid (
  1
  )

1

35

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2007/C 139/07 | Prior notification of a concentration (Case COMP/M.4757 — Nordic Capital/Thule) (
  1
  ) | 38 |
| 2007/C 139/08 | Prior notification of a concentration (Case COMP/M.4739 — Halder/NPM Capital/ANP) — Candidate case for simplified procedure (
  1
  ) | 39 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2007/C 139/07

Prior notification of a concentration (Case COMP/M.4757 — Nordic Capital/Thule) (
  1
  )

1

38

2007/C 139/08

Prior notification of a concentration (Case COMP/M.4739 — Halder/NPM Capital/ANP) — Candidate case for simplified procedure (
  1
  )

1

39

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

---

(1)   Text with EEA relevance

1

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

EN

---

I Resolutions, recommendations, guidelines and opinions

OPINIONS

European Data Protection Supervisor

| 23.6.2007 | EN | Official Journal of the European Union | C 139/1 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/1

---

Third opinion of the European Data Protection Supervisor on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters

(2007/C 139/01)

THE EUROPEAN DATA PROTECTION SUPERVISOR,

Having regard to the Treaty establishing the European Community, and in particular its Article 286,

Having regard to the Charter of Fundamental Rights of the European Union, and in particular its Article 8,

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1),

Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2), and in particular its Article 41,

HAS ADOPTED THE FOLLOWING OPINION:

I.   INTRODUCTION

| 1. | On 19 December 2005 and on 29 November 2006, the EDPS issued two opinions (3) on the Proposal of the Commission for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. In these opinions, he underlined the importance of the proposal as an effective instrument for the protection of personal data in the area covered by Title VI of the EU-Treaty. In particular, in his second opinion the EDPS voiced his concerns that developments in the negotiations were leading towards a level of protection of personal data not only below the standards laid down in Directive 95/46/EC, but also incompatible with the more generally formulated Council of Europe Convention No 108 (4). |
| --- | --- |

1.

On 19 December 2005 and on 29 November 2006, the EDPS issued two opinions (3) on the Proposal of the Commission for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. In these opinions, he underlined the importance of the proposal as an effective instrument for the protection of personal data in the area covered by Title VI of the EU-Treaty. In particular, in his second opinion the EDPS voiced his concerns that developments in the negotiations were leading towards a level of protection of personal data not only below the standards laid down in Directive 95/46/EC, but also incompatible with the more generally formulated Council of Europe Convention No 108 (4).

| 2. | In January 2007, the German Presidency set out a series of basic points to revise the proposal, with a view to remove outstanding reservations and improve data protection in the third pillar (5). The revised draft proposal (6) was submitted to the EP for a second consultation on 13 April 2007. |
| --- | --- |

2.

In January 2007, the German Presidency set out a series of basic points to revise the proposal, with a view to remove outstanding reservations and improve data protection in the third pillar (5). The revised draft proposal (6) was submitted to the EP for a second consultation on 13 April 2007.

| 3. | The substantive changes contained in the revised proposal, as well as its importance, call for a new opinion of the EDPS. This opinion will concentrate on the EDPS main concerns and will not revisit all the points made in his previous opinions, as these remain valid for this revised proposal. |
| --- | --- |

3.

The substantive changes contained in the revised proposal, as well as its importance, call for a new opinion of the EDPS. This opinion will concentrate on the EDPS main concerns and will not revisit all the points made in his previous opinions, as these remain valid for this revised proposal.

II.   THE NEW IMPETUS BY THE GERMAN PRESIDENCY

| 4. | The EDPS welcomes the fact that the German Presidency is putting a lot of effort into the negotiations on this Council Framework Decision. It is common knowledge that the negotiations were blocked in Council, because of fundamental differences in opinion between the Member States on essential issues. It was therefore a wise decision of the Presidency to give these negotiations a new impetus by presenting a fresh text. |
| --- | --- |

4.

The EDPS welcomes the fact that the German Presidency is putting a lot of effort into the negotiations on this Council Framework Decision. It is common knowledge that the negotiations were blocked in Council, because of fundamental differences in opinion between the Member States on essential issues. It was therefore a wise decision of the Presidency to give these negotiations a new impetus by presenting a fresh text.

| 5. | The fact that the German Presidency gave a new impetus to the negotiations is in itself very positive. However, after a thorough examination of the latest text, the EDPS is disappointed about the content. The text presented by the German Presidency does not fulfil expectations. This is for the following reasons:






  — | The text weakens the level of protection of the citizen, since a number of essential provisions for their protection which were included in the Commission proposal have been taken out. |
| --- | --- | --- |

5.

The fact that the German Presidency gave a new impetus to the negotiations is in itself very positive. However, after a thorough examination of the latest text, the EDPS is disappointed about the content. The text presented by the German Presidency does not fulfil expectations. This is for the following reasons:

—

The text weakens the level of protection of the citizen, since a number of essential provisions for their protection which were included in the Commission proposal have been taken out.

| — | In many aspects the revised proposal even falls below the level of protection afforded by Convention 108. It is thus both unsatisfactory and will even be incompatible with international obligations of the Member States. |
| --- | --- |

—

In many aspects the revised proposal even falls below the level of protection afforded by Convention 108. It is thus both unsatisfactory and will even be incompatible with international obligations of the Member States.

| — | The text adds new complexities to the dossier, since it covers data processing by Europol, Eurojust and the third-pillar Customs Information System, and it opens up the debate on the supervision on these bodies. Notably, this opinion will discuss whether a Council Framework Decision is an appropriate legal instrument for these topics. |
| --- | --- |

—

The text adds new complexities to the dossier, since it covers data processing by Europol, Eurojust and the third-pillar Customs Information System, and it opens up the debate on the supervision on these bodies. Notably, this opinion will discuss whether a Council Framework Decision is an appropriate legal instrument for these topics.

| — | The legislative quality of the text is unsatisfactory. Apart from the choice of legal instrument, several provisions do not fulfil the requirements of the common guidelines for the quality of drafting of Community legislation (7). In particular, the text is not drafted clearly, simply and precisely, which makes it difficult for the citizens to identify their rights and obligations unambiguously. |
| --- | --- |

—

The legislative quality of the text is unsatisfactory. Apart from the choice of legal instrument, several provisions do not fulfil the requirements of the common guidelines for the quality of drafting of Community legislation (7). In particular, the text is not drafted clearly, simply and precisely, which makes it difficult for the citizens to identify their rights and obligations unambiguously.

| — | The low level of protection afforded by the proposal cannot properly serve the creation of an area of freedom, security and justice in which law enforcement information can be exchanged between police and judicial authorities disregarding national borders. Indeed, in the absence of a high and broadly applicable level of data protection, the proposal makes exchanges of information still subject to different national ‘rules of origin’ and ‘double standards’ that strongly affect efficiency in law enforcement cooperation while not improving the protection of personal data (8). |
| --- | --- |

—

The low level of protection afforded by the proposal cannot properly serve the creation of an area of freedom, security and justice in which law enforcement information can be exchanged between police and judicial authorities disregarding national borders. Indeed, in the absence of a high and broadly applicable level of data protection, the proposal makes exchanges of information still subject to different national ‘rules of origin’ and ‘double standards’ that strongly affect efficiency in law enforcement cooperation while not improving the protection of personal data (8).

| 6. | The EDPS is well aware of the difficulties in reaching unanimity in the Council. However, the decision-making procedure cannot justify a lowest common denominator approach that would hinder the fundamental rights of EU citizens as well as hamper the efficiency of law enforcement. In this context, it would be desirable that data protection expertise would be fully taken into account and that the recommendations made by the European Parliament in its resolutions (9) would be duly integrated. |
| --- | --- |

6.

The EDPS is well aware of the difficulties in reaching unanimity in the Council. However, the decision-making procedure cannot justify a lowest common denominator approach that would hinder the fundamental rights of EU citizens as well as hamper the efficiency of law enforcement. In this context, it would be desirable that data protection expertise would be fully taken into account and that the recommendations made by the European Parliament in its resolutions (9) would be duly integrated.

III.   LEGAL FRAMEWORK AND FOCUS OF THIS OPINION

| 7. | A Framework Decision on the protection of personal data in the third pillar is an essential element in the development of an area of freedom, security and justice. The growing importance of the police and judicial cooperation in criminal matters as well as the actions stemming from the Hague Programme (10) have highlighted the necessity of common standards in the protection of personal data in the third pillar. |
| --- | --- |

7.

A Framework Decision on the protection of personal data in the third pillar is an essential element in the development of an area of freedom, security and justice. The growing importance of the police and judicial cooperation in criminal matters as well as the actions stemming from the Hague Programme (10) have highlighted the necessity of common standards in the protection of personal data in the third pillar.

| 8. | Unfortunately, as repeatedly affirmed by the EDPS and other relevant actors (11), the existing instruments at European level are not sufficient. Council of Europe Convention 108, which is binding on Member States, lays down fundamental general principles of data protection, but, even though it must be interpreted in the light of the ECHR case law, does not provide for the necessary preciseness, as has been stated before by the EDPS on several occasions (12). Directive 95/46/EC, which integrated and specified the principles of Convention 108 with regard to the internal market, has been adopted already in 1995. This directive does not apply to activities which fall within the scope of the third pillar. For activities within the area of police and judicial cooperation all Member States have subscribed to Recommendation No R (87) 15 (13), which specifies Convention 108 to a certain extent for the police sector, but this is not a binding legal instrument. |
| --- | --- |

8.

Unfortunately, as repeatedly affirmed by the EDPS and other relevant actors (11), the existing instruments at European level are not sufficient. Council of Europe Convention 108, which is binding on Member States, lays down fundamental general principles of data protection, but, even though it must be interpreted in the light of the ECHR case law, does not provide for the necessary preciseness, as has been stated before by the EDPS on several occasions (12). Directive 95/46/EC, which integrated and specified the principles of Convention 108 with regard to the internal market, has been adopted already in 1995. This directive does not apply to activities which fall within the scope of the third pillar. For activities within the area of police and judicial cooperation all Member States have subscribed to Recommendation No R (87) 15 (13), which specifies Convention 108 to a certain extent for the police sector, but this is not a binding legal instrument.

| 9. | In this context, Article 30(1)(b) of the EU-Treaty requires that common actions in the field of police cooperation entailing the processing of information by law enforcement authorities shall be subject to ‘appropriate provisions on the protection of personal data’. Such appropriate provisions do not exist, in the absence of a Council Framework Decision with a satisfactory content. |
| --- | --- |

9.

In this context, Article 30(1)(b) of the EU-Treaty requires that common actions in the field of police cooperation entailing the processing of information by law enforcement authorities shall be subject to ‘appropriate provisions on the protection of personal data’. Such appropriate provisions do not exist, in the absence of a Council Framework Decision with a satisfactory content.

| 10. | A parallel can be easily drawn with the development of the internal market, where a high level of protection of personal data throughout the Community was considered to be an essential element to eliminate obstacles in the free circulation of goods, services, capitals, and persons, and led to the adoption of Directive 95/46/EC. By analogy, an area of freedom, security and justice in which information should freely flow between authorities dealing with law enforcement both at national and EU level requires a high and uniform level of protection of personal data in all Member States. |
| --- | --- |

10.

A parallel can be easily drawn with the development of the internal market, where a high level of protection of personal data throughout the Community was considered to be an essential element to eliminate obstacles in the free circulation of goods, services, capitals, and persons, and led to the adoption of Directive 95/46/EC. By analogy, an area of freedom, security and justice in which information should freely flow between authorities dealing with law enforcement both at national and EU level requires a high and uniform level of protection of personal data in all Member States.

| 11. | These considerations are in contrast with the current situation, in which there is not such a general framework and in which the provisions on the protection of personal data in the third pillar are ‘sector specific’ and dispersed in different legal instruments (14). Some recent proposals (15) confirm and enhance the already existing fragmentation of data protection provisions in this area and put at risk their consistency. Furthermore, the lack of a general framework affects the swift adoption of many proposals in the area of police and judicial cooperation. |
| --- | --- |

11.

These considerations are in contrast with the current situation, in which there is not such a general framework and in which the provisions on the protection of personal data in the third pillar are ‘sector specific’ and dispersed in different legal instruments (14). Some recent proposals (15) confirm and enhance the already existing fragmentation of data protection provisions in this area and put at risk their consistency. Furthermore, the lack of a general framework affects the swift adoption of many proposals in the area of police and judicial cooperation.

| 12. | For these reasons the EDPS has strongly supported the Commission proposal in his previous opinions and has put forward appropriate recommendations in order to improve the proposal which was needed to ensure an appropriate level of protection of the citizen. The EDPS has constantly held that a general framework for data protection in the third pillar must ensure a high and consistent standard of data protection, by building on data protection principles laid down by Convention 108 and Directive 95/46/EC, whilst also taking into account, where necessary, the specificities of law enforcement activities. |
| --- | --- |

12.

For these reasons the EDPS has strongly supported the Commission proposal in his previous opinions and has put forward appropriate recommendations in order to improve the proposal which was needed to ensure an appropriate level of protection of the citizen. The EDPS has constantly held that a general framework for data protection in the third pillar must ensure a high and consistent standard of data protection, by building on data protection principles laid down by Convention 108 and Directive 95/46/EC, whilst also taking into account, where necessary, the specificities of law enforcement activities.

| 13. | Consistency of this general framework with first pillar data protection principles is all the more important in a context in which the growing involvement of the private sector in law enforcement entails that personal data move from the first pillar to the third pillar (like in the case of PNR) or from the third pillar to the first pillar. Relevant examples can be easily found: the use of ‘no fly lists’ including persons who should not be allowed on airplanes and established for law enforcement by airlines for purposes within the first pillar (commercial purposes as well as flight security), as well as the proposal on access by law enforcement authorities to the VIS database, established as an instrument of a common visa policy (16). Therefore, the EDPS stresses that data protection principles in the first pillar must apply also to the third pillar. However, the specificities of law enforcement activities may make additional or exceptional provisions necessary (17). |
| --- | --- |

13.

Consistency of this general framework with first pillar data protection principles is all the more important in a context in which the growing involvement of the private sector in law enforcement entails that personal data move from the first pillar to the third pillar (like in the case of PNR) or from the third pillar to the first pillar. Relevant examples can be easily found: the use of ‘no fly lists’ including persons who should not be allowed on airplanes and established for law enforcement by airlines for purposes within the first pillar (commercial purposes as well as flight security), as well as the proposal on access by law enforcement authorities to the VIS database, established as an instrument of a common visa policy (16). Therefore, the EDPS stresses that data protection principles in the first pillar must apply also to the third pillar. However, the specificities of law enforcement activities may make additional or exceptional provisions necessary (17).

| 14. | Appropriate, consistent and broadly applicable safeguards for data protection in the third pillar are essential not only to guarantee the fundamental right of data protection of individuals, but also to foster efficiency in law enforcement cooperation within the area of freedom, security and justice. |
| --- | --- |

14.

Appropriate, consistent and broadly applicable safeguards for data protection in the third pillar are essential not only to guarantee the fundamental right of data protection of individuals, but also to foster efficiency in law enforcement cooperation within the area of freedom, security and justice.

| 15. | Against this background, this opinion assesses to what extent the current revised proposal lays down appropriate provisions on the protection of personal data, pursuant to Article 30(1)(b) of the EU-Treaty. In doing so, the EDPS will refer to some of the recommendations made in his previous opinions. This opinion will also assess whether the revised proposal respects the international obligations of Member states stemming from Council of Europe Convention 108 and ECHR case law, as well as the principles laid down in Recommendation No R (87) 15 on the use of personal data in the police sector. Furthermore, the EDPS will consider to what extent the provisions of the proposal would have an impact on efficiency in police and judicial cooperation. |
| --- | --- |

15.

Against this background, this opinion assesses to what extent the current revised proposal lays down appropriate provisions on the protection of personal data, pursuant to Article 30(1)(b) of the EU-Treaty. In doing so, the EDPS will refer to some of the recommendations made in his previous opinions. This opinion will also assess whether the revised proposal respects the international obligations of Member states stemming from Council of Europe Convention 108 and ECHR case law, as well as the principles laid down in Recommendation No R (87) 15 on the use of personal data in the police sector. Furthermore, the EDPS will consider to what extent the provisions of the proposal would have an impact on efficiency in police and judicial cooperation.

IV.   MAIN CONCERNS

IV.1.   Applicability to domestic processing of personal data

| 16. | The proposal now includes a recital stating that Member States will apply the rules of the Framework Decision to national data-processing, so that conditions for transmitting data may already be met when the data are collected (Recital 6a). This recital tries to address the concerns voiced not only by the EDPS in his previous opinions, but also by many other stakeholders. Indeed, the European Parliament, the Conference of data protection authorities, and even the Council of Europe's T-PD Consultative Committee — consisting of data protection representatives of European governments — have all made clear in various occasions that the applicability of the Framework Decision to domestic processing of personal data is an essential condition not only to ensure a sufficient protection of personal data but also to allow an efficient cooperation between law enforcement authorities (18). |
| --- | --- |

16.

The proposal now includes a recital stating that Member States will apply the rules of the Framework Decision to national data-processing, so that conditions for transmitting data may already be met when the data are collected (Recital 6a). This recital tries to address the concerns voiced not only by the EDPS in his previous opinions, but also by many other stakeholders. Indeed, the European Parliament, the Conference of data protection authorities, and even the Council of Europe's T-PD Consultative Committee — consisting of data protection representatives of European governments — have all made clear in various occasions that the applicability of the Framework Decision to domestic processing of personal data is an essential condition not only to ensure a sufficient protection of personal data but also to allow an efficient cooperation between law enforcement authorities (18).

| 17. | However, the recital as such cannot impose an obligation which is not explicitly laid down in the provisions. Unfortunately, Article 1 (Purpose and scope) explicitly limits the applicability of the proposal to data exchanged between Member States or EU bodies, by guaranteeing that ‘the basic rights and freedoms, and in particular the privacy, of data subjects are fully protected when personal data are transmitted [...]’. |
| --- | --- |

17.

However, the recital as such cannot impose an obligation which is not explicitly laid down in the provisions. Unfortunately, Article 1 (Purpose and scope) explicitly limits the applicability of the proposal to data exchanged between Member States or EU bodies, by guaranteeing that ‘the basic rights and freedoms, and in particular the privacy, of data subjects are fully protected when personal data are transmitted [...]’.

| 18. | Therefore, the current draft leaves to Member States' full discretion in the application of uniform data protection principles to domestic processing of personal data and does not bind Member States to implement the same common data protection standards, this all within an area of police and judicial cooperation, where internal borders must be lifted. Against this background, the EDPS highlights again that the possibility of having different levels of data protection in different Member States within the third pillar would be:






  — | inconsistent with the creation of an area of freedom, security and justice within which citizens move freely and with a proper approximation of the laws pursuant to Article 34(2)(b) of the EU-Treaty, |
| --- | --- | --- |

18.

Therefore, the current draft leaves to Member States' full discretion in the application of uniform data protection principles to domestic processing of personal data and does not bind Member States to implement the same common data protection standards, this all within an area of police and judicial cooperation, where internal borders must be lifted. Against this background, the EDPS highlights again that the possibility of having different levels of data protection in different Member States within the third pillar would be:

—

inconsistent with the creation of an area of freedom, security and justice within which citizens move freely and with a proper approximation of the laws pursuant to Article 34(2)(b) of the EU-Treaty,

| — | not appropriate for the protection of personal data, in light of Article 30(1)(b) of the EU-Treaty, |
| --- | --- |

—

not appropriate for the protection of personal data, in light of Article 30(1)(b) of the EU-Treaty,

| — | inefficient and unworkable for law enforcement authorities, which would be unduly burdened by unmanageable distinctions between domestic data and data transmitted or available for transmission, which in most cases will be part of the same file (19). |
| --- | --- |

—

inefficient and unworkable for law enforcement authorities, which would be unduly burdened by unmanageable distinctions between domestic data and data transmitted or available for transmission, which in most cases will be part of the same file (19).

| 19. | The EDPS strongly advises the legislator to extend the scope of applicability, by obliging — not only inviting — Member States to apply the Framework Decision to domestic processing of personal data. Moreover, there are no compelling legal arguments supporting the view that application to domestic data would not be allowed under Article 34 of the EU-Treaty. |
| --- | --- |

19.

The EDPS strongly advises the legislator to extend the scope of applicability, by obliging — not only inviting — Member States to apply the Framework Decision to domestic processing of personal data. Moreover, there are no compelling legal arguments supporting the view that application to domestic data would not be allowed under Article 34 of the EU-Treaty.

IV.2.   Limitation of the further purposes for which personal data may be processed

| 20. | The principle of purpose limitation is one of the basic principles of data protection. In particular, Convention 108 states that personal data shall be ‘stored for specified and legitimate purposes and not used in a way incompatible with those purposes’ (Article 5(b)). Derogations to this principle are allowed only insofar as they are provided for by law and constitute a necessary measure in a democratic society in the interests of, inter alia, the ‘suppression of criminal offences’ (Article 9). The case law of the European Court of Human Rights has made clear that these derogations shall be proportionate, precise and foreseeable, pursuant to Article 8, paragraph 2 of the European Convention on Human Rights (20). |
| --- | --- |

20.

The principle of purpose limitation is one of the basic principles of data protection. In particular, Convention 108 states that personal data shall be ‘stored for specified and legitimate purposes and not used in a way incompatible with those purposes’ (Article 5(b)). Derogations to this principle are allowed only insofar as they are provided for by law and constitute a necessary measure in a democratic society in the interests of, inter alia, the ‘suppression of criminal offences’ (Article 9). The case law of the European Court of Human Rights has made clear that these derogations shall be proportionate, precise and foreseeable, pursuant to Article 8, paragraph 2 of the European Convention on Human Rights (20).

| 21. | In the current proposal, the provisions on purpose limitation are laid down both in Article 3 and Article 12. Article 3 allows further processing for purposes compatible with the one for which data were collected, and is thus, in this respect, in line with basic data protection principles. |
| --- | --- |

21.

In the current proposal, the provisions on purpose limitation are laid down both in Article 3 and Article 12. Article 3 allows further processing for purposes compatible with the one for which data were collected, and is thus, in this respect, in line with basic data protection principles.

| 22. | However, Article 3 is far too broad and does not cover an appropriate limitation of the purposes for storage, also required by Article 5(b) of Convention 108, mentioned above. The general reference to the purposes of Title VI of the EU-Treaty can not be seen as specified and legitimate purposes. The purpose of police and judicial cooperation is not by nature legitimate (21), and certainly not specified. |
| --- | --- |

22.

However, Article 3 is far too broad and does not cover an appropriate limitation of the purposes for storage, also required by Article 5(b) of Convention 108, mentioned above. The general reference to the purposes of Title VI of the EU-Treaty can not be seen as specified and legitimate purposes. The purpose of police and judicial cooperation is not by nature legitimate (21), and certainly not specified.

| 23. | Article 3 does not contain any derogation as would be possible pursuant to Article 9 of Convention 108. However, Article 12 of the proposal lays down a very broad and not clearly defined series of derogations to the purpose limitation principle in the context of personal data received from or made available by another Member State. In particular, the condition that derogations shall be necessary is not explicitly laid down in the article. Secondly, it is not clear which are the ‘other [...] administrative proceedings’ for which Article 12(1)(b) allows processing of personal data collected and transmitted for a different purpose. Furthermore, Article 12(1)(d) allows processing for ‘any other purpose’ with the sole condition that the competent authority that has transmitted the personal data gives its consent. In this context, it shall be noted that the consent of the transmitting authority cannot be considered under any circumstances as replacing the consent of the data subject or providing legal grounds to derogate from the purpose limitation principle. Therefore, the EDPS would like to stress that this broad and open derogation does not fulfil the basic requirements of adequate data protection and even contradicts the basic principles of Convention 108. Therefore, the EDPS recommends the legislator to redraft the relevant provisions. |
| --- | --- |

23.

Article 3 does not contain any derogation as would be possible pursuant to Article 9 of Convention 108. However, Article 12 of the proposal lays down a very broad and not clearly defined series of derogations to the purpose limitation principle in the context of personal data received from or made available by another Member State. In particular, the condition that derogations shall be necessary is not explicitly laid down in the article. Secondly, it is not clear which are the ‘other [...] administrative proceedings’ for which Article 12(1)(b) allows processing of personal data collected and transmitted for a different purpose. Furthermore, Article 12(1)(d) allows processing for ‘any other purpose’ with the sole condition that the competent authority that has transmitted the personal data gives its consent. In this context, it shall be noted that the consent of the transmitting authority cannot be considered under any circumstances as replacing the consent of the data subject or providing legal grounds to derogate from the purpose limitation principle. Therefore, the EDPS would like to stress that this broad and open derogation does not fulfil the basic requirements of adequate data protection and even contradicts the basic principles of Convention 108. Therefore, the EDPS recommends the legislator to redraft the relevant provisions.

| 24. | A last remark concerns Article 12(2), which allows the possibility that third pillar Council decisions take precedence over paragraph 1 where appropriate conditions are laid down for the processing of personal data. The EDPS notes that the formulation of this paragraph is very general and does not do justice to the nature of the Council Framework Decision as a lex generalis for police and judicial cooperation. This lex generalis should apply to all processing of personal data in this area. |
| --- | --- |

24.

A last remark concerns Article 12(2), which allows the possibility that third pillar Council decisions take precedence over paragraph 1 where appropriate conditions are laid down for the processing of personal data. The EDPS notes that the formulation of this paragraph is very general and does not do justice to the nature of the Council Framework Decision as a lex generalis for police and judicial cooperation. This lex generalis should apply to all processing of personal data in this area.

| 25. | The EDPS believes that the current provisions on further processing of personal data impinge on the basic purpose limitation principle and even fall below the existing standard laid down by Convention 108. Therefore, the EDPS recommends the legislator to redraft the relevant provisions in the light of the existing international data protection rules and of the relevant case law. |
| --- | --- |

25.

The EDPS believes that the current provisions on further processing of personal data impinge on the basic purpose limitation principle and even fall below the existing standard laid down by Convention 108. Therefore, the EDPS recommends the legislator to redraft the relevant provisions in the light of the existing international data protection rules and of the relevant case law.

IV.3.   Adequate protection in the exchange of personal data with third countries

| 26. | Convention 108 also deals with transfers to third countries. The Additional protocol regarding supervisory authorities and transborder data flows lays down the general principle — subject to certain derogations — that transfer of personal data to third party is permitted only if that party ‘ensures an adequate level of protection for the intended data transfer’. The principle of ‘adequate protection’ has been implemented and specified within several legal instruments of the European Union, not only in first pillar instruments on data protection, like Directive 95/46/EC (22), but also in legal instruments within the third pillar, such as the legal instruments establishing Europol and Eurojust. |
| --- | --- |

26.

Convention 108 also deals with transfers to third countries. The Additional protocol regarding supervisory authorities and transborder data flows lays down the general principle — subject to certain derogations — that transfer of personal data to third party is permitted only if that party ‘ensures an adequate level of protection for the intended data transfer’. The principle of ‘adequate protection’ has been implemented and specified within several legal instruments of the European Union, not only in first pillar instruments on data protection, like Directive 95/46/EC (22), but also in legal instruments within the third pillar, such as the legal instruments establishing Europol and Eurojust.

| 27. | Recital 12 of the current proposal states that, in case of transfer of personal data to third countries or international bodies, ‘these data should, in principle, benefit from an adequate level of protection’. Furthermore, Article 14 allows personal data transmitted from another Member State to be transferred to third countries or international bodies when the transmitting authority has given its consent to the transfer in compliance with its national law. Therefore, the provisions of the proposal do not establish any need for adequate protection, nor foresee any common criteria or mechanisms in order to assess adequacy. This means that each Member State will assess at its own discretion the level of adequacy provided for by the third country or international organisation. As a consequence, the list of adequate countries and international organisations — to which a transfer is allowed — will considerably vary from Member State to Member State. |
| --- | --- |

27.

Recital 12 of the current proposal states that, in case of transfer of personal data to third countries or international bodies, ‘these data should, in principle, benefit from an adequate level of protection’. Furthermore, Article 14 allows personal data transmitted from another Member State to be transferred to third countries or international bodies when the transmitting authority has given its consent to the transfer in compliance with its national law. Therefore, the provisions of the proposal do not establish any need for adequate protection, nor foresee any common criteria or mechanisms in order to assess adequacy. This means that each Member State will assess at its own discretion the level of adequacy provided for by the third country or international organisation. As a consequence, the list of adequate countries and international organisations — to which a transfer is allowed — will considerably vary from Member State to Member State.

| 28. | This legal framework would also hinder police and judicial cooperation. Indeed, law enforcement authorities of a Member State, when deciding on a request for a certain criminal file by a third country, will not only have to consider the adequacy of that country, but shall also take into account whether or not each of the other (up to 26) Member States that contributed to the file has given its consent, according to its own adequacy assessment of the relevant third country. |
| --- | --- |

28.

This legal framework would also hinder police and judicial cooperation. Indeed, law enforcement authorities of a Member State, when deciding on a request for a certain criminal file by a third country, will not only have to consider the adequacy of that country, but shall also take into account whether or not each of the other (up to 26) Member States that contributed to the file has given its consent, according to its own adequacy assessment of the relevant third country.

| 29. | In this context, Article 27 of the proposal, on Relationship to agreements with third States, adds more uncertainty, stating that the Framework Decision is without prejudice to obligations and commitments incumbent upon Member States or upon EU by virtue of bilateral and/or multilateral agreements with third States. According to the EDPS, this provision should be clearly limited to existing agreements and should lay down that future agreements shall be in line with the provisions of this proposal. |
| --- | --- |

29.

In this context, Article 27 of the proposal, on Relationship to agreements with third States, adds more uncertainty, stating that the Framework Decision is without prejudice to obligations and commitments incumbent upon Member States or upon EU by virtue of bilateral and/or multilateral agreements with third States. According to the EDPS, this provision should be clearly limited to existing agreements and should lay down that future agreements shall be in line with the provisions of this proposal.

| 30. | The EDPS believes that current provisions on transfers of personal data to third countries and international organisations would not be appropriate to protect personal data as well as unworkable for law enforcement authorities. Therefore, the EDPS reiterates (23) the need to ensure an adequate level of protection when personal data are transferred to third countries or international organizations, and that mechanisms ensuring common standards and coordinated decisions with regard to adequacy are put in place. The same opinion has been expressed before by the European Parliament and the T-PD Committee of the Council of Europe. |
| --- | --- |

30.

The EDPS believes that current provisions on transfers of personal data to third countries and international organisations would not be appropriate to protect personal data as well as unworkable for law enforcement authorities. Therefore, the EDPS reiterates (23) the need to ensure an adequate level of protection when personal data are transferred to third countries or international organizations, and that mechanisms ensuring common standards and coordinated decisions with regard to adequacy are put in place. The same opinion has been expressed before by the European Parliament and the T-PD Committee of the Council of Europe.

IV.4.   Quality of data

| 31. | Article 5 of Convention 108 lays down the principles for ensuring the quality of personal data. Further details are provided in other non binding instruments like Recommendation No R (87) 15 and in its three evaluations carried out so far. |
| --- | --- |

31.

Article 5 of Convention 108 lays down the principles for ensuring the quality of personal data. Further details are provided in other non binding instruments like Recommendation No R (87) 15 and in its three evaluations carried out so far.

| 32. | When comparing the current proposal with the aforementioned legal instruments, it is clear that some important guarantees, in some cases already provided by the Commission proposal, are lacking in the revised version:






  — | Article 3 of the proposal does not guarantee that data are obtained and processed fairly, as required by Article 5 of Convention 108. |
| --- | --- | --- |

32.

When comparing the current proposal with the aforementioned legal instruments, it is clear that some important guarantees, in some cases already provided by the Commission proposal, are lacking in the revised version:

—

Article 3 of the proposal does not guarantee that data are obtained and processed fairly, as required by Article 5 of Convention 108.

| — | The proposal no longer includes any provisions laying down — as required by Principle 3.2 of Recommendation No R (87) 15 — that different categories of data are distinguished in accordance with their degree of accuracy and reliability and that data based on facts are distinguished from data based on opinions or personal assessments (24). The lack of such a common requirement could actually undermine the data being exchanged between police authorities as they will not be able to ascertain whether the data can be construed as ‘evidence’, ‘fact’, ‘hard intelligence’ or ‘soft intelligence’. This could have the consequence of not only hampering security operations and intelligence gathering which rely on these distinctions but also making it more difficult for courts to secure convictions. |
| --- | --- |

—

The proposal no longer includes any provisions laying down — as required by Principle 3.2 of Recommendation No R (87) 15 — that different categories of data are distinguished in accordance with their degree of accuracy and reliability and that data based on facts are distinguished from data based on opinions or personal assessments (24). The lack of such a common requirement could actually undermine the data being exchanged between police authorities as they will not be able to ascertain whether the data can be construed as ‘evidence’, ‘fact’, ‘hard intelligence’ or ‘soft intelligence’. This could have the consequence of not only hampering security operations and intelligence gathering which rely on these distinctions but also making it more difficult for courts to secure convictions.

| — | There are no distinctions between different categories of data subjects (criminals, suspects, victims, witnesses, etc.) nor specific guarantees for data relating to non-suspects, contrary to Principle 2 of Recommendation No R (87) 15 and its evaluation reports (25). Again, these distinctions are not only necessary for the protection of the personal data of the citizen, but also for the ability of the recipients to be able to make full use of the data they receive. Without these distinctions, the receiving police services can not immediately use the data, but have first to ascertain how the data must be qualified and subsequently how they can be used and shared for different law enforcement purposes. |
| --- | --- |

—

There are no distinctions between different categories of data subjects (criminals, suspects, victims, witnesses, etc.) nor specific guarantees for data relating to non-suspects, contrary to Principle 2 of Recommendation No R (87) 15 and its evaluation reports (25). Again, these distinctions are not only necessary for the protection of the personal data of the citizen, but also for the ability of the recipients to be able to make full use of the data they receive. Without these distinctions, the receiving police services can not immediately use the data, but have first to ascertain how the data must be qualified and subsequently how they can be used and shared for different law enforcement purposes.

| — | The periodic review provided for by Article 6 does not ensure the periodic verification of data quality and that police files are purged of superfluous or inaccurate data and kept up to date, as required by Recommendation No R (87) 15 (26). The importance of such review for data protection is obvious, but again this is also vital for the efficient operation of police services. Old and out of date intelligence is at best useless and at worst can shift resources away from current priorities to matters which are not, and should not, be the focus of investigation. |
| --- | --- |

—

The periodic review provided for by Article 6 does not ensure the periodic verification of data quality and that police files are purged of superfluous or inaccurate data and kept up to date, as required by Recommendation No R (87) 15 (26). The importance of such review for data protection is obvious, but again this is also vital for the efficient operation of police services. Old and out of date intelligence is at best useless and at worst can shift resources away from current priorities to matters which are not, and should not, be the focus of investigation.

| — | If personal data — transmitted from another Member State — are found to be inaccurate, there are no obligations or mechanisms to ensure their rectification in the originating Member State. Again the issue of accuracy is vital to the effective operation of the police and judiciary. If the quality of data cannot be guaranteed, it will harm the usefulness of data transfer as a tool for fighting crime across borders. |
| --- | --- |

—

If personal data — transmitted from another Member State — are found to be inaccurate, there are no obligations or mechanisms to ensure their rectification in the originating Member State. Again the issue of accuracy is vital to the effective operation of the police and judiciary. If the quality of data cannot be guaranteed, it will harm the usefulness of data transfer as a tool for fighting crime across borders.

| 33. | Against this background, the EDPS believes that the provisions relating to data quality of the current proposal are neither appropriate nor complete — specifically taking into account Recommendation No R (87) 15 which has been subscribed by all the Member States —, and they even fall below the level of protection required by Convention 108. It is also useful to recall once more that accuracy of personal data is in the interest of both the law enforcement itself as well as the individual (27). |
| --- | --- |

33.

Against this background, the EDPS believes that the provisions relating to data quality of the current proposal are neither appropriate nor complete — specifically taking into account Recommendation No R (87) 15 which has been subscribed by all the Member States —, and they even fall below the level of protection required by Convention 108. It is also useful to recall once more that accuracy of personal data is in the interest of both the law enforcement itself as well as the individual (27).

IV.5.   Exchanges of personal data with non competent authorities and private parties

| 34. | According to Principle 5 (Communication of data) of Recommendation No R (87) 15, communication of personal data from law enforcement authorities to other public bodies or to private parties should only be permissible under specific and strict conditions. Such provisions, laid down in the initial Commission proposal and welcomed by the EDPS and the European Parliament, have been now deleted by the revised version. Therefore, the new text does not lay down any specific guarantees for transfers of personal data to private parties or non law enforcement authorities. |
| --- | --- |

34.

According to Principle 5 (Communication of data) of Recommendation No R (87) 15, communication of personal data from law enforcement authorities to other public bodies or to private parties should only be permissible under specific and strict conditions. Such provisions, laid down in the initial Commission proposal and welcomed by the EDPS and the European Parliament, have been now deleted by the revised version. Therefore, the new text does not lay down any specific guarantees for transfers of personal data to private parties or non law enforcement authorities.

| 35. | In addition, access and further use by law enforcement authorities of personal data controlled by private parties shall be permitted only on the basis of well defined conditions and limitations. In particular, as the EDPS already mentioned in his previous opinions, access by law enforcement authorities shall be allowed only on a case-by-case basis, under specified circumstances, for specified purposes, and be under judicial control in the Member States. Recent developments, such as Directive 2006/24/EC (28) on data retention, the PNR agreement with the United States (29), and the access by law enforcement authorities to data held by SWIFT (30) confirm the fundamental importance of these guarantees. It is unfortunate that the current proposal does not provide for any specific guarantees on access and further use by law enforcement authorities of personal data collected by private parties. |
| --- | --- |

35.

In addition, access and further use by law enforcement authorities of personal data controlled by private parties shall be permitted only on the basis of well defined conditions and limitations. In particular, as the EDPS already mentioned in his previous opinions, access by law enforcement authorities shall be allowed only on a case-by-case basis, under specified circumstances, for specified purposes, and be under judicial control in the Member States. Recent developments, such as Directive 2006/24/EC (28) on data retention, the PNR agreement with the United States (29), and the access by law enforcement authorities to data held by SWIFT (30) confirm the fundamental importance of these guarantees. It is unfortunate that the current proposal does not provide for any specific guarantees on access and further use by law enforcement authorities of personal data collected by private parties.

| 36. | Against this background, the EDPS notes that, with regard to exchanges of personal data with private parties and non competent authorities, the current proposal fails to comply with the principles of Recommendations No R (87) 15 and to address the fundamental issue of access and further use by law enforcement authorities of personal data controlled by private parties. |
| --- | --- |

36.

Against this background, the EDPS notes that, with regard to exchanges of personal data with private parties and non competent authorities, the current proposal fails to comply with the principles of Recommendations No R (87) 15 and to address the fundamental issue of access and further use by law enforcement authorities of personal data controlled by private parties.

IV.6.   Other substantive points

| 37. | Besides the abovementioned main concerns, the EDPS would like to draw the legislator's attention to the following points, which in most of the cases have already been addressed in more details in his previous opinions:






  — | Special categories of data. Article 7 of the revised proposal contradicts the in-principle prohibition laid down by Article 6 of Convention 108. Furthermore, it fails to refer to personal data relating to criminal convictions, which are undoubtedly very relevant in the context of police and judicial cooperation, and does not provide for specific safeguards with regard to biometric data and DNA-profiles. |
| --- | --- | --- |

37.

Besides the abovementioned main concerns, the EDPS would like to draw the legislator's attention to the following points, which in most of the cases have already been addressed in more details in his previous opinions:

—

Special categories of data. Article 7 of the revised proposal contradicts the in-principle prohibition laid down by Article 6 of Convention 108. Furthermore, it fails to refer to personal data relating to criminal convictions, which are undoubtedly very relevant in the context of police and judicial cooperation, and does not provide for specific safeguards with regard to biometric data and DNA-profiles.

| — | Automated individual decisions. EDPS welcomes that Article 8 integrates this provision into the revised proposal. |
| --- | --- |

—

Automated individual decisions. EDPS welcomes that Article 8 integrates this provision into the revised proposal.

| — | Logging and documentation. Article 11, in order to be effective for the purposes of verification of the lawfulness of data processing, shall lay down appropriate mechanisms for logging or documenting not only all transmissions of data, but also all accesses to data. |
| --- | --- |

—

Logging and documentation. Article 11, in order to be effective for the purposes of verification of the lawfulness of data processing, shall lay down appropriate mechanisms for logging or documenting not only all transmissions of data, but also all accesses to data.

| — | Right to be informed. Article 16 is incomplete, since it does not mention information about the identity of the controller and the recipients. Furthermore, Recital 13 (‘[...] it may be necessary to inform data subjects [...]’) depicts information as a mere possibility rather than a basic obligation of the controller. |
| --- | --- |

—

Right to be informed. Article 16 is incomplete, since it does not mention information about the identity of the controller and the recipients. Furthermore, Recital 13 (‘[...] it may be necessary to inform data subjects [...]’) depicts information as a mere possibility rather than a basic obligation of the controller.

| — | Right of access. Article 17 is incomplete, since access shall include also the purposes for which data are processed and communication in an intelligible form. Furthermore, exceptions laid down by paragraph 2 — such as the case when access would ‘otherwise be detrimental to national interests’ — are too broad and unforeseeable. Lastly, there is no mechanism ensuring that the appeal to the supervisory authority results in granting access, when it had been unlawfully denied. |
| --- | --- |

—

Right of access. Article 17 is incomplete, since access shall include also the purposes for which data are processed and communication in an intelligible form. Furthermore, exceptions laid down by paragraph 2 — such as the case when access would ‘otherwise be detrimental to national interests’ — are too broad and unforeseeable. Lastly, there is no mechanism ensuring that the appeal to the supervisory authority results in granting access, when it had been unlawfully denied.

V.   NEW ISSUES RAISED BY THE REVISED PROPOSAL

| 38. | The revised proposal includes as a fully new element, in comparison with the Commission proposal. It covers activities by European institutions and bodies in the third pillar (Article 1(2) of the proposal). According to the 20th Recital, this includes data processing by Europol, Eurojust and the third pillar Customs Information System. Article 1(2) does not only mention European bodies but also institutions, which means that for instance data processing within the Council should be subject to the Council Framework Decision. It is not clear whether the drafters intended such a wide scope, or that they intended to limit the application to the three bodies mentioned in the 20th Recital. It would in any event be needed to specify the text, in order to avoid legal uncertainty. |
| --- | --- |

38.

The revised proposal includes as a fully new element, in comparison with the Commission proposal. It covers activities by European institutions and bodies in the third pillar (Article 1(2) of the proposal). According to the 20th Recital, this includes data processing by Europol, Eurojust and the third pillar Customs Information System. Article 1(2) does not only mention European bodies but also institutions, which means that for instance data processing within the Council should be subject to the Council Framework Decision. It is not clear whether the drafters intended such a wide scope, or that they intended to limit the application to the three bodies mentioned in the 20th Recital. It would in any event be needed to specify the text, in order to avoid legal uncertainty.

| 39. | This leads to a more general remark. According to the EDPS, it is of utmost importance that an appropriate level of data protection is guaranteed throughout the whole third pillar, since only under such condition a free exchange of information within an area of freedom, security and justice without internal borders would be facilitated in a sufficient manner. This includes applying the general framework on data protection to the European bodies in the third pillar. The EDPS underlined this need earlier in Part IV of his Opinion on the proposal for a Council Decision on Europol. |
| --- | --- |

39.

This leads to a more general remark. According to the EDPS, it is of utmost importance that an appropriate level of data protection is guaranteed throughout the whole third pillar, since only under such condition a free exchange of information within an area of freedom, security and justice without internal borders would be facilitated in a sufficient manner. This includes applying the general framework on data protection to the European bodies in the third pillar. The EDPS underlined this need earlier in Part IV of his Opinion on the proposal for a Council Decision on Europol.

| 40. | However, for reasons of effective law making the EDPS has serious doubts whether the present Council Framework Decision should cover the activities of the European bodies that operate in the third pillar. The first argument against this wide scope has to do with legislative policy. The EDPS fears that including the European bodies in the present text would run the risk that the discussions in Council will concentrate on this new element, instead of on the substantive provisions on data protection. It will complicate the legislative process. The second argument is of a legal nature. At first sight, it seems that a Council Framework Decision — an instrument which is comparable to a directive under the EC-Treaty — is not an appropriate legal instrument to regulate the rights and obligations of European bodies. Article 34 of the EU-Treaty introduces this instrument for the approximation of the laws and regulations of the Member States. In any event, there is a serious risk that the legal basis will be challenged during the legislative process, or afterwards. |
| --- | --- |

40.

However, for reasons of effective law making the EDPS has serious doubts whether the present Council Framework Decision should cover the activities of the European bodies that operate in the third pillar. The first argument against this wide scope has to do with legislative policy. The EDPS fears that including the European bodies in the present text would run the risk that the discussions in Council will concentrate on this new element, instead of on the substantive provisions on data protection. It will complicate the legislative process. The second argument is of a legal nature. At first sight, it seems that a Council Framework Decision — an instrument which is comparable to a directive under the EC-Treaty — is not an appropriate legal instrument to regulate the rights and obligations of European bodies. Article 34 of the EU-Treaty introduces this instrument for the approximation of the laws and regulations of the Member States. In any event, there is a serious risk that the legal basis will be challenged during the legislative process, or afterwards.

| 41. | The EDPS has a similar view, also with regard to the legal instrument chosen, on Article 26 of the draft, which foresees the establishment of a new joint supervisory authority, replacing the existing authorities that supervise the data processing within third pillar bodies. By itself, the intention to set up such an authority may seem logical. It might lead to an even more efficient system of supervision, and further ensure consistency of the level of protection within the bodies established under the third pillar. |
| --- | --- |

41.

The EDPS has a similar view, also with regard to the legal instrument chosen, on Article 26 of the draft, which foresees the establishment of a new joint supervisory authority, replacing the existing authorities that supervise the data processing within third pillar bodies. By itself, the intention to set up such an authority may seem logical. It might lead to an even more efficient system of supervision, and further ensure consistency of the level of protection within the bodies established under the third pillar.

| 42. | However, at this moment there is no immediate need for such a new supervisory body. The supervision itself functions satisfactorily. Moreover, the president of Eurojust has put forward objections against application of this system of supervision to Eurojust. Without entering into the substance of these objections, it is clear that adding the subject matter of supervision on EU-bodies to the Council Framework Decision would make the legislative process even more difficult. In addition, this approach would not be consistent with other proposals in this area that are presently on the table (31) or have been recently adopted (32). |
| --- | --- |

42.

However, at this moment there is no immediate need for such a new supervisory body. The supervision itself functions satisfactorily. Moreover, the president of Eurojust has put forward objections against application of this system of supervision to Eurojust. Without entering into the substance of these objections, it is clear that adding the subject matter of supervision on EU-bodies to the Council Framework Decision would make the legislative process even more difficult. In addition, this approach would not be consistent with other proposals in this area that are presently on the table (31) or have been recently adopted (32).

| 43. | In short, the EDPS advises not to add provisions relating to data processing by EU-bodies to the text of the Council Framework Decision. The EDPS gives this advice for reasons of effective law making. It is important that all efforts in Council will be concentrated on the substantive provisions of data protection in order to give the citizen the necessary protection. |
| --- | --- |

43.

In short, the EDPS advises not to add provisions relating to data processing by EU-bodies to the text of the Council Framework Decision. The EDPS gives this advice for reasons of effective law making. It is important that all efforts in Council will be concentrated on the substantive provisions of data protection in order to give the citizen the necessary protection.

VI.   CONCLUSIONS

| 44. | The EDPS welcomes the new impetus given by the German Presidency. Adopting a general framework for data protection in the third pillar is essential, as the EDPS and other relevant actors have already highlighted in several occasions, in order to support the development an area of freedom, security and justice in which citizens' right to protection of personal data is uniformly guaranteed and cooperation between law enforcement authorities can take place disregarding national borders. |
| --- | --- |

44.

The EDPS welcomes the new impetus given by the German Presidency. Adopting a general framework for data protection in the third pillar is essential, as the EDPS and other relevant actors have already highlighted in several occasions, in order to support the development an area of freedom, security and justice in which citizens' right to protection of personal data is uniformly guaranteed and cooperation between law enforcement authorities can take place disregarding national borders.

| 45. | However, the revised proposal does not meet either of these objectives. Indeed, in the absence of a high and broadly applicable level of data protection, the proposal makes exchanges of information still subject to different national ‘rules of origin’ and ‘double standards’ that strongly affect efficiency in law enforcement cooperation while not improving the protection of personal data. |
| --- | --- |

45.

However, the revised proposal does not meet either of these objectives. Indeed, in the absence of a high and broadly applicable level of data protection, the proposal makes exchanges of information still subject to different national ‘rules of origin’ and ‘double standards’ that strongly affect efficiency in law enforcement cooperation while not improving the protection of personal data.

| 46. | To give a concrete example, this would mean that a law enforcement body at national or EU level, when dealing with a criminal file — consisting of information originating from various national, other Member States' and EU authorities — would have to apply different processing rules for different pieces of information depending on whether: personal data have been collected domestically or not; each of the transmitting bodies has given its consent for the envisaged purpose; the storage is compliant with time limits laid down by applicable laws of each of the transmitting bodies; further processing restrictions requested by each of the transmitting bodies do not prohibit the processing; in case of a request from a third country, each transmitting body has given its consent according to its own evaluation of adequacy and/or international commitments. In addition, citizens' protection and rights will vary enormously and be subject to different broad derogations depending on the Member State where processing takes place. |
| --- | --- |

46.

To give a concrete example, this would mean that a law enforcement body at national or EU level, when dealing with a criminal file — consisting of information originating from various national, other Member States' and EU authorities — would have to apply different processing rules for different pieces of information depending on whether: personal data have been collected domestically or not; each of the transmitting bodies has given its consent for the envisaged purpose; the storage is compliant with time limits laid down by applicable laws of each of the transmitting bodies; further processing restrictions requested by each of the transmitting bodies do not prohibit the processing; in case of a request from a third country, each transmitting body has given its consent according to its own evaluation of adequacy and/or international commitments. In addition, citizens' protection and rights will vary enormously and be subject to different broad derogations depending on the Member State where processing takes place.

| 47. | Furthermore, the EDPS regrets that the legislative quality of the text is unsatisfactory and that the proposal adds new complexities to the dossier, by extending the applicability of the Framework Decision to Europol, Eurojust and the third-pillar Customs Information System as well as proposing the creation of a Joint Supervisory Body on the basis of an inappropriate legal instrument. |
| --- | --- |

47.

Furthermore, the EDPS regrets that the legislative quality of the text is unsatisfactory and that the proposal adds new complexities to the dossier, by extending the applicability of the Framework Decision to Europol, Eurojust and the third-pillar Customs Information System as well as proposing the creation of a Joint Supervisory Body on the basis of an inappropriate legal instrument.

| 48. | The EDPS is concerned because the current text takes out essential provisions for the protection of personal data which were included in the Commission proposal. By doing so, it significantly weakens the level of protection of the citizens. Firstly, it fails to provide the added value to Convention 108 which would make its provisions appropriate from a data protection point of view, as required by Article 30(1) of the EU-Treaty. Secondly, it also fails to meet in many aspects the level of protection required by Convention 108. Therefore, the EDPS believes that this proposal would need substantial improvements before it could be the basis for the discussion of an adequate general framework on data protection in the third pillar. These improvements should make sure that this general framework:






  — | Provides added value to Convention 108, by laying down the appropriate provisions on the protection of personal data required by Article 30(1) of the EU-Treaty. |
| --- | --- | --- |

48.

The EDPS is concerned because the current text takes out essential provisions for the protection of personal data which were included in the Commission proposal. By doing so, it significantly weakens the level of protection of the citizens. Firstly, it fails to provide the added value to Convention 108 which would make its provisions appropriate from a data protection point of view, as required by Article 30(1) of the EU-Treaty. Secondly, it also fails to meet in many aspects the level of protection required by Convention 108. Therefore, the EDPS believes that this proposal would need substantial improvements before it could be the basis for the discussion of an adequate general framework on data protection in the third pillar. These improvements should make sure that this general framework:

—

Provides added value to Convention 108, by laying down the appropriate provisions on the protection of personal data required by Article 30(1) of the EU-Treaty.

| — | Is applicable to domestic processing of personal data by law enforcement authorities. |
| --- | --- |

—

Is applicable to domestic processing of personal data by law enforcement authorities.

| — | Is consistent with first pillar data protection principles, whilst also taking into account, where necessary, the specificities of law enforcement activities. |
| --- | --- |

—

Is consistent with first pillar data protection principles, whilst also taking into account, where necessary, the specificities of law enforcement activities.

| — | Is in line with the principles laid down by Convention 108 and Recommendation No R (87) 15, in particular with regard to:






  — | Limitation of the further purposes for which personal data may be processed. |
| --- | --- | --- |

—

Is in line with the principles laid down by Convention 108 and Recommendation No R (87) 15, in particular with regard to:

—

Limitation of the further purposes for which personal data may be processed.

| — | Quality of data, including distinction between different categories of data subjects (criminals, suspects, victims, witnesses, etc.), assessment of the different degree of accuracy and reliability of personal data, mechanisms to ensure periodic verification and rectification. |
| --- | --- |

—

Quality of data, including distinction between different categories of data subjects (criminals, suspects, victims, witnesses, etc.), assessment of the different degree of accuracy and reliability of personal data, mechanisms to ensure periodic verification and rectification.

| — | Conditions for transfers of personal data to non competent authorities and private parties, as well as for access and further use by law enforcement authorities of personal data controlled by private parties. |
| --- | --- |

—

Conditions for transfers of personal data to non competent authorities and private parties, as well as for access and further use by law enforcement authorities of personal data controlled by private parties.

| — | Ensures adequate protection in the exchange of personal data with third countries, also with regard to international agreements. |
| --- | --- |

—

Ensures adequate protection in the exchange of personal data with third countries, also with regard to international agreements.

| — | Addresses the other points mentioned in this as well as previous EDPS opinions. |
| --- | --- |

—

Addresses the other points mentioned in this as well as previous EDPS opinions.

| 49. | The EDPS is well aware of the difficulties in reaching unanimity in the Council. However, the decision making procedure cannot justify a lowest common denominator approach that would hinder the fundamental rights of EU citizens as well as hamper the efficiency of law enforcement. |
| --- | --- |

49.

The EDPS is well aware of the difficulties in reaching unanimity in the Council. However, the decision making procedure cannot justify a lowest common denominator approach that would hinder the fundamental rights of EU citizens as well as hamper the efficiency of law enforcement.

Done at Brussels, 27 April 2007.

Peter HUSTINX

European Data Protection Supervisor

---

(1)  OJ L 281, 23.11.1995, p. 31.

1

(2)  OJ L 8, 12.1.2001, p. 1.

2

(3)  The first Opinion can be found in the OJ C 47, 25.2.2006, p. 27; the second Opinion is available on EDPS website: www.edps.europa.eu

3

(4)  Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe, 28 January 1981.

4

(5)  Council document 5435/07 of 18 January 2007, available at: register.consilium.europa.eu

5

(6)  Council document 7315/07 of 13 March 2007, available at: register.consilium.europa.eu

6

(7)  Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (OJ C 73, 17.3.1999, p. 1). Examples can be found in chapter V of this opinion.

7

(8)  See for example, Article 14 on transfers to third countries and international bodies; Article 12(1)(d) on further processing of personal data; Article 10 on compliance with time-limits for erasure and review; Article 13 on compliance with national processing restrictions.

8

(9)  The European Parliament adopted its first resolution on the initial Commission proposal on 27 September 2006. A second resolution, on the revised proposal, is expected by June.

9

(10)  See also the Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union (OJ C 198, 12.8.2005, p. 1).

10

(11)  The Conference of European Data Protection Authorities, delivered an opinion on 24 January 2006, available as document No 6329/06 at register.consilium.europa.eu. The Council of Europe's Consultative Committee on the Convention for the Protection of Individuals with regard to automatic processing of personal data (T-PD) adopted on 20 March 2007 a paper outlining its initial remarks, which is available at: www.coe.int/dataprotection/

11

(12)  See, more recently, the opinion of the EDPS of 4 April 2007 on the initiative of 15 Member States with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, point 60.

12

(13)  Recommendation No R (87) 15 of the Committee of Ministers to Member States regulating the use of personal data in the police sector, adopted on 17 September 1987 and available at: www.coe.int/dataprotection/

13

(14)  Such as the legal instruments regulating Europol, Eurojust, the third pillar Customs Information System.

14

(15)  Such as the recent initiatives concerning Europol, the Prüm Treaty and access by law enforcement to VIS database.

15

(16)  See Proposal for a Council Decision concerning access for consultation of the Visa Information System (VIS) by the authorities of Member States responsible for internal security and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (COM(2005)600 final).

16

(17)  In the same line, see also the Explanatory memorandum of Recommendation No R (87) 15, point 37.

17

(18)  See documents mentioned in footnote 9.

18

(19)  For a more detailed reasoning, see EDPS second opinion, points 11-13.

19

(20)  Among the consolidated case law in this domain, the most explicit case is Rotaru v. Romania.

20

(21)  It is not sufficient to start from the assumption that the police under all circumstances and in all cases operates within the limits of its legal obligations.

21

(22)  With regard to this point, it should be noted that the Commission has recently stated, in its Communication of 7 March 2007 on the follow-up of the Work Programme for better implementation of the Data Protection Directive, that the rules laid down by Directive 95/46/EC in relation to transfers of personal data to third countries are substantially appropriate and need not to be modified.

22

Communication of 7 March 2007 on the follow-up of the Work Programme for better implementation of the Data Protection Directive

(23)  See the concerns already expressed in the first opinion, paragraph IV.8, and in the second opinion, points 22-23.

23

(24)  Point 52 of explanatory Memorandum to Recommendation states that ‘[i]t should be possible to distinguish between corroborated data and uncorroborated data, including assessment of human behaviour, between facts and opinions, between reliable information (and the various shades thereof) and conjecture, between reasonable cause to believe that information is accurate and a groundless belief in its accuracy’. See also the Second evaluation of the relevance of recommendation No R (87) 15 regulating the use of personal data in the police sector (1998), point 5.1.

24

[i]t should be possible to distinguish between corroborated data and uncorroborated data, including assessment of human behaviour, between facts and opinions, between reliable information (and the various shades thereof) and conjecture, between reasonable cause to believe that information is accurate and a groundless belief in its accuracy

(25)  See in particular, point 5.2 of the Second evaluation, mentioned above, and points 24-27 of the Third evaluation of Recommendation No R (87) 15 regulating the use of personal data in the police sector (2002).

25

(26)  See principle 7 (Length of storage and updating of data) and the Explanatory Memorandum, points 96-98.

26

(27)  Explanatory memorandum to Recommendation No R (87) 15, point 74.

27

(28)  Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ L 105, 13.4.2006, p. 54).

28

(29)  Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security (OJ L 298, 27.10.2006, p. 29).

29

(30)  See Working Party 29 Opinion 10/2006 on the processing of personal data by the Society for Worldwide Interbank Financial Telecommunication (SWIFT), available at: http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2006/wp128_en.pdf, and EDPS Opinion on the role of the European Central Bank in the SWIFT case, available at EDPS website.

30

(31)  Such as the recent Commission proposal on establishing the European Police Office, COM(2006)817 final.

31

(32)  Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381 of 28.12.2006, p. 4).

32

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 23.6.2007 | EN | Official Journal of the European Union | C 139/11 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/11

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2007/C 139/02)

| Date of adoption of the decision | 22.12.2006 |
| --- | --- |
| Reference number of the aid | N 575/06 |
| Member State | Italy |
| Region | Friuli Venezia Giulia |
| Title (and/or name of the beneficiary) | Proroga del regime di aiuti esistente — Aiuto di Stato N 134/01 — Italia (Regione Friuli Venezia Giulia) — Disegno di legge n. 106/1-A — «Interventi per la realizzazione di infrastrutture e di servizi nel settore del trasporto delle merci, per la ristrutturazione dell'autotrasporto merci e per lo sviluppo del trasporto combinato» |
| Legal basis | Legge regionale 22 marzo 2004, n. 7 «Interventi per lo sviluppo del trasporto combinato» e decreto del presidente della Regione 28 giugno 2004, n. 0213/Pres. Regolamento di attuazione dell'articolo 7 della legge regionale 22 marzo 2004, n. 7 recante «Interventi per lo sviluppo del trasporto combinato» |
| Type of measure | Aid Scheme |
| Objective | To provide and modernise regional infrastructure and services in order to improve the efficiency of goods transport activities and to develop combined transport in this field. The scheme envisages aid for the construction of combined transport infrastructures, for investments in information systems, for investments in transhipment and combined transport equipment and for the acquisition of new equipment to improve the safety of maritime transport in ports and acquisition of new road tractors |
| Form of aid | Direct grant |
| Budget | EUR 9 million |
| Intensity | 30 % |
| Duration | 1.1.2007-1.1.2009 |
| Economic sectors | Combined transport |
| Name and address of the granting authority | Regione Friuli Venezia Giulia |
| Other information | — |

Date of adoption of the decision

22.12.2006

Reference number of the aid

N 575/06

Member State

Italy

Region

Friuli Venezia Giulia

Title (and/or name of the beneficiary)

Proroga del regime di aiuti esistente — Aiuto di Stato N 134/01 — Italia (Regione Friuli Venezia Giulia) — Disegno di legge n. 106/1-A — «Interventi per la realizzazione di infrastrutture e di servizi nel settore del trasporto delle merci, per la ristrutturazione dell'autotrasporto merci e per lo sviluppo del trasporto combinato»

Legal basis

Legge regionale 22 marzo 2004, n. 7 «Interventi per lo sviluppo del trasporto combinato» e decreto del presidente della Regione 28 giugno 2004, n. 0213/Pres. Regolamento di attuazione dell'articolo 7 della legge regionale 22 marzo 2004, n. 7 recante «Interventi per lo sviluppo del trasporto combinato»

Type of measure

Aid Scheme

Objective

To provide and modernise regional infrastructure and services in order to improve the efficiency of goods transport activities and to develop combined transport in this field. The scheme envisages aid for the construction of combined transport infrastructures, for investments in information systems, for investments in transhipment and combined transport equipment and for the acquisition of new equipment to improve the safety of maritime transport in ports and acquisition of new road tractors

Form of aid

Direct grant

Budget

EUR 9 million

Intensity

30 %

Duration

1.1.2007-1.1.2009

Economic sectors

Combined transport

Name and address of the granting authority

Regione Friuli Venezia Giulia

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 4.4.2007 |
| --- | --- |
| Reference number of the aid | N 599/06 |
| Member State | Spain |
| Region | Andalucía |
| Title (and/or name of the beneficiary) | Ayudas a favor del medio ambiente que se concedan por la Administración de la Junta de Andalucía, con el objetivo de fomentar la inversión en infraestructuras e instalaciones destinadas a la protección ambiental |
| Legal basis | Proyecto de Decreto xxxx/2007, por el que se establece el marco regulador de las ayudas en favor del medio ambiente que se concedan por la Administración de la Junta de Andalucía |
| Type of measure | Aid scheme |
| Objective | Environmental protection |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 151,5 million |
| Intensity | 50 % |
| Duration | until 31.12.2007 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Junta de Andalucía |
| Consejería de la Presidencia |
| Plaza de la Contratación 3 |
| E-41071 Sevilla |

Date of adoption of the decision

4.4.2007

Reference number of the aid

N 599/06

Member State

Spain

Region

Andalucía

Title (and/or name of the beneficiary)

Ayudas a favor del medio ambiente que se concedan por la Administración de la Junta de Andalucía, con el objetivo de fomentar la inversión en infraestructuras e instalaciones destinadas a la protección ambiental

Legal basis

Proyecto de Decreto xxxx/2007, por el que se establece el marco regulador de las ayudas en favor del medio ambiente que se concedan por la Administración de la Junta de Andalucía

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Direct grant

Budget

Overall budget: EUR 151,5 million

Intensity

50 %

Duration

until 31.12.2007

Economic sectors

All sectors

Name and address of the granting authority

Junta de Andalucía

Consejería de la Presidencia

Plaza de la Contratación 3

E-41071 Sevilla

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 24.1.2007 |
| --- | --- |
| Reference number of the aid | N 649/06 |
| Member State | Federal Republic of Germany |
| Region | — |
| Title (and/or name of the beneficiary) | Richtlinie zur Förderung der Anschaffung emmissionsarmer schwerer Nutzfahrzeuge |
| Legal basis | Haushaltsgesetz, ABMG |
| Type of measure | aid scheme |
| Objective | Promotion of enhanced environmental friendly heavy vehicles |
| Form of aid | Investment grants and interest allowances |
| Budget | Max. EUR 100 million per year |
| Intensity | Max. intensity 50 % of the eligible costs (additional investment costs) |
| Duration | 1.1.2007-31.12.2013 |
| Economic sectors | Transport sector |
| Name and address of the granting authority | Bundesministerium für Verkehr, Bau und Stadtentwicklung |
| Invalidenstraße 4 |
| D-10115 Berlin |

Date of adoption of the decision

24.1.2007

Reference number of the aid

N 649/06

Member State

Federal Republic of Germany

Region

—

Title (and/or name of the beneficiary)

Richtlinie zur Förderung der Anschaffung emmissionsarmer schwerer Nutzfahrzeuge

Legal basis

Haushaltsgesetz, ABMG

Type of measure

aid scheme

Objective

Promotion of enhanced environmental friendly heavy vehicles

Form of aid

Investment grants and interest allowances

Budget

Max. EUR 100 million per year

Intensity

Max. intensity 50 % of the eligible costs (additional investment costs)

Duration

1.1.2007-31.12.2013

Economic sectors

Transport sector

Name and address of the granting authority

Bundesministerium für Verkehr, Bau und Stadtentwicklung

Invalidenstraße 4

D-10115 Berlin

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 21.3.2007 |
| --- | --- |
| Reference number of the aid | N 765/06 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Beleidregels kosten vergoeding subsidie milieukwaliteit elektriciteitsproductie 2006 |
| Legal basis | Algemene wet bestuursrecht, artikel 3:4, tweede lid. Beleidregels kosten vergoeding subsidie milieukwaliteit elektriciteitsproductie 2006 |
| Type of measure | Aid scheme |
| Objective | Environmental protection |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 70 million |
| Intensity | Measure does not constitute aid |
| Duration | 1.2.2007-2.5.2007 |
| Economic sectors | Energy |
| Name and address of the granting authority | Senternovem Zwolle |
| Other information | — |

Date of adoption of the decision

21.3.2007

Reference number of the aid

N 765/06

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Beleidregels kosten vergoeding subsidie milieukwaliteit elektriciteitsproductie 2006

Legal basis

Algemene wet bestuursrecht, artikel 3:4, tweede lid. Beleidregels kosten vergoeding subsidie milieukwaliteit elektriciteitsproductie 2006

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Direct grant

Budget

Overall budget: EUR 70 million

Intensity

Measure does not constitute aid

Duration

1.2.2007-2.5.2007

Economic sectors

Energy

Name and address of the granting authority

Senternovem Zwolle

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 8.5.2007 |
| --- | --- |
| Reference number of the aid | N 806/06 |
| Member State | Poland |
| Region | — |
| Title (and/or name of the beneficiary) | Wykorzystanie środków funduszy innowacyjności tworzonych przez centra badawczo-rozwojowe |
| Legal basis | Projekt rozporządzenia Ministra Gospodarki w sprawie szczegółowych warunków wykorzystania środków funduszy innowacyjności |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Tax base reduction |
| Budget | Annual budget: PLN 10 million; Overall budget: PLN 60 million |
| Intensity | 100 %, 80 %, 60 % |
| Duration | 1.5.2007-31.12.2013 |
| Economic sectors | — |
| Name and address of the granting authority | Minister Gospodarki |
| Pl. Trzech Krzyży 3/5 |
| PL-00-507 Warszawa |

Date of adoption of the decision

8.5.2007

Reference number of the aid

N 806/06

Member State

Poland

Region

—

Title (and/or name of the beneficiary)

Wykorzystanie środków funduszy innowacyjności tworzonych przez centra badawczo-rozwojowe

Legal basis

Projekt rozporządzenia Ministra Gospodarki w sprawie szczegółowych warunków wykorzystania środków funduszy innowacyjności

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Tax base reduction

Budget

Annual budget: PLN 10 million; Overall budget: PLN 60 million

Intensity

100 %, 80 %, 60 %

Duration

1.5.2007-31.12.2013

Economic sectors

—

Name and address of the granting authority

Minister Gospodarki

Pl. Trzech Krzyży 3/5

PL-00-507 Warszawa

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 10.5.2007 |
| --- | --- |
| Reference number of the aid | N 82/07 |
| Member State | Spain |
| Region | País Vasco |
| Title (and/or name of the beneficiary) | Programa de ayudas para la organización y participación en ferias del libro, congresos, ciclos de conferencias y actividades culturales de promoción y difusión del libro en la Comunidad Autónoma Vasca |
| Legal basis | Borrador de Orden, de la Consejera de Cultura, por la que se regula la concesión de subvenciones para la organización y participación en ferias del libro, congresos, ciclos de conferencias y actividades culturales de promoción y difusión del libro en la Comunidad Autónoma Vasca |
| Type of measure | Aid scheme |
| Objective | Sectoral development, Heritage conservation |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 0,45 million; Overall budget: EUR 0,45 million |
| Intensity | 70 % |
| Duration | until 31.12.2007 |
| Economic sectors | Recreational, cultural sporting activities |
| Name and address of the granting authority | Dirección de Promoción de la Cultura; Departamento de Cultura; Gobierno Vasco |
| C/ Donosita-San Sebastián, 1 |
| E-01010 Vitoria-Gasteiz |

Date of adoption of the decision

10.5.2007

Reference number of the aid

N 82/07

Member State

Spain

Region

País Vasco

Title (and/or name of the beneficiary)

Programa de ayudas para la organización y participación en ferias del libro, congresos, ciclos de conferencias y actividades culturales de promoción y difusión del libro en la Comunidad Autónoma Vasca

Legal basis

Borrador de Orden, de la Consejera de Cultura, por la que se regula la concesión de subvenciones para la organización y participación en ferias del libro, congresos, ciclos de conferencias y actividades culturales de promoción y difusión del libro en la Comunidad Autónoma Vasca

Type of measure

Aid scheme

Objective

Sectoral development, Heritage conservation

Form of aid

Direct grant

Budget

Annual budget: EUR 0,45 million; Overall budget: EUR 0,45 million

Intensity

70 %

Duration

until 31.12.2007

Economic sectors

Recreational, cultural sporting activities

Name and address of the granting authority

Dirección de Promoción de la Cultura; Departamento de Cultura; Gobierno Vasco

C/ Donosita-San Sebastián, 1

E-01010 Vitoria-Gasteiz

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---

| 23.6.2007 | EN | Official Journal of the European Union | C 139/16 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/16

---

Non-opposition to a notified concentration

(Case COMP/M.4613 — Eurazeo S.A./Apcoa Parking Holdings Gmbh)

(Text with EEA relevance)

(2007/C 139/03)

On 20 April 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4613. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4613. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 23.6.2007 | EN | Official Journal of the European Union | C 139/17 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/17

---

Euro exchange rates (1)

22 June 2007

(2007/C 139/04)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3441 |
| JPY | Japanese yen | 166,75 |
| DKK | Danish krone | 7,4432 |
| GBP | Pound sterling | 0,67305 |
| SEK | Swedish krona | 9,2448 |
| CHF | Swiss franc | 1,6576 |
| ISK | Iceland króna | 83,79 |
| NOK | Norwegian krone | 7,987 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5837 |
| CZK | Czech koruna | 28,65 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,7 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6962 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,778 |
| RON | Romanian leu | 3,1662 |
| SKK | Slovak koruna | 33,713 |
| TRY | Turkish lira | 1,76 |
| AUD | Australian dollar | 1,5847 |
| CAD | Canadian dollar | 1,4411 |
| HKD | Hong Kong dollar | 10,5044 |
| NZD | New Zealand dollar | 1,755 |
| SGD | Singapore dollar | 2,0663 |
| KRW | South Korean won | 1 247,46 |
| ZAR | South African rand | 9,5932 |
| CNY | Chinese yuan renminbi | 10,243 |
| HRK | Croatian kuna | 7,3248 |
| IDR | Indonesian rupiah | 12 103,62 |
| MYR | Malaysian ringgit | 4,6412 |
| PHP | Philippine peso | 61,855 |
| RUB | Russian rouble | 34,83 |
| THB | Thai baht | 43,341 |

Currency

Exchange rate

USD

US dollar

1,3441

JPY

Japanese yen

166,75

DKK

Danish krone

7,4432

GBP

Pound sterling

0,67305

SEK

Swedish krona

9,2448

CHF

Swiss franc

1,6576

ISK

Iceland króna

83,79

NOK

Norwegian krone

7,987

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5837

CZK

Czech koruna

28,65

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,7

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6962

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,778

RON

Romanian leu

3,1662

SKK

Slovak koruna

33,713

TRY

Turkish lira

1,76

AUD

Australian dollar

1,5847

CAD

Canadian dollar

1,4411

HKD

Hong Kong dollar

10,5044

NZD

New Zealand dollar

1,755

SGD

Singapore dollar

2,0663

KRW

South Korean won

1 247,46

ZAR

South African rand

9,5932

CNY

Chinese yuan renminbi

10,243

HRK

Croatian kuna

7,3248

IDR

Indonesian rupiah

12 103,62

MYR

Malaysian ringgit

4,6412

PHP

Philippine peso

61,855

RUB

Russian rouble

34,83

THB

Thai baht

43,341

---

(1)

Source: reference exchange rate published by the ECB.

---

| 23.6.2007 | EN | Official Journal of the European Union | C 139/18 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/18

---

Results of sales of wine alcohol held by public bodies

(2007/C 139/05)

Commission Decision of 29 March 2006

Award of lot No 31/2006 EC and lot No 32/2006 EC of public sales of wine alcohol for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

Tenders rejected

Commission Decision of 29 March 2006

Award of lot No 33/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

50 000

raw alcohol

38,00

Commission Decision of 29 March 2006

Award of lot No 34/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

100 000

raw alcohol

42,70

Commission Decision of 29 March 2006

Award of lot No 35/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

100 000

raw alcohol

38,00

Commission Decision of 29 March 2006

Award of lot No 36/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

37,95

Commission Decision of 29 March 2006

Award of lot No 37/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

100 000

raw alcohol

37,89

Commission Decision of 29 March 2006

Award of lot No 38/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

100 000

raw alcohol

37,93

Commission Decision of 29 March 2006

Award of lot No 39/2006 EC of tendering procedure No 4/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 117/2006

Use: in the fuel sector as bioethanol

tenders rejected

Commission Decision of 12 April 2006

Tendering procedure No 56/2006 for new industrial uses opened by Regulation (EC) No 391/2006

Use: production of baker's yeast

| Approved companies | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| BIO SPRINGER |
| 103, rue Jean Jaurès |
| B.P. 17 |
| F-94701 Maisons-Alfort |

Approved companies

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

BIO SPRINGER

103, rue Jean Jaurès

B.P. 17

F-94701 Maisons-Alfort

20 000

raw alcohol

11,85

| S.I.L. FALA |
| --- |
| 8, rue de Saint-Nazaire |
| F-67100 Strasbourg |

S.I.L. FALA

8, rue de Saint-Nazaire

F-67100 Strasbourg

20 000

raw alcohol

11,85

| S. I. LESAFFRE |
| --- |
| 137, rue Gabriel Péri |
| B.P. 3029 |
| F-59703 Marcq-en-Baroeul |

S. I. LESAFFRE

137, rue Gabriel Péri

B.P. 3029

F-59703 Marcq-en-Baroeul

69 970

raw alcohol

11,85

Commission Decision of 18 May 2006

Award of lot No 40/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

45,80

Commission Decision of 18 May 2006

Award of lot No 41/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

43,80

Commission Decision of 18 May 2006

Award of lot No 42/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

44,00

Commission Decision of 18 May 2006

Award of lot No 43/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

46,25

Commission Decision of 18 May 2006

Award of lot No 44/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

44,10

Commission Decision of 18 May 2006

Award of lot No 45/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

50 000

raw alcohol

43,00

Commission Decision of 18 May 2006

Award of lot No 46/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

50 000

raw alcohol

43,10

Commission Decision of 18 May 2006

Award of lot No 47/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100% vol. (hl) | Price (EUR/hl) of alcohol at 100% vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100% vol. (hl)

Price (EUR/hl) of alcohol at 100% vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

50 000

raw alcohol

40,10

Commission Decision of 18 May 2006

Award of lot No 48/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| ONIVINS-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

ONIVINS-Libourne

Délégation nationale

17, avenue de la Ballastière

F-33505 Libourne

50 000

raw alcohol

43,20

Commission Decision of 18 May 2006

Award of lot No 49/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100% vol. (hl) | Price (EUR/hl) of alcohol at 100% vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100% vol. (hl)

Price (EUR/hl) of alcohol at 100% vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

39,30

Commission Decision of 18 May 2006

Award of lot No 50/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

39,09

Commission Decision of 18 May 2006

Award of lot No 51/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

39,19

Commission Decision of 18 May 2006

Award of lot No 52/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

39,25

Commission Decision of 18 May 2006

Award of lot No 53/2006 EC of tendering procedure No 5/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 593/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Mezőgazdasági és |
| Vidékfejlesztési Hivatal |
| Soroksári út 22-24, 6th floor, room 630 |
| H-1095 Budapest |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Mezőgazdasági és

Vidékfejlesztési Hivatal

Soroksári út 22-24, 6th floor, room 630

H-1095 Budapest

28 571,8692

raw alcohol

38,00

Commission Decision of 26 July 2006

Tendering procedure No 57/2006 for new industrial uses opened by Regulation (EC) No 822/2006

Use: production of baker's yeast

| Approved companies | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| BIO SPRINGER |
| 103, rue Jean Jaurès |
| B.P. 17 |
| F-94701 Maisons-Alfort |

Approved companies

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

BIO SPRINGER

103, rue Jean Jaurès

B.P. 17

F-94701 Maisons-Alfort

20 000

raw alcohol

11,00

| S.I.L. FALA |
| --- |
| 8, rue de Saint-Nazaire |
| F-67100 Strasbourg |

S.I.L. FALA

8, rue de Saint-Nazaire

F-67100 Strasbourg

17 200

raw alcohol

11,00

| S. I. LESAFFRE |
| --- |
| 137, rue Gabriel Péri |
| B.P. 3029 |
| F-59703 Marcq-en-Baroeul |

S. I. LESAFFRE

137, rue Gabriel Péri

B.P. 3029

F-59703 Marcq-en-Baroeul

62 800

raw alcohol

11,00

Commission Decision of 8 September 2006

Award of lot No 54/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,17

Commission Decision of 8 September 2006

Award of lot No 55/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,29

Commission Decision of 8 September 2006

Award of lot No 56/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,41

Commission Decision of 8 September 2006

Award of lot No 57/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,82

Commission Decision of 8 September 2006

Award of lot No 58/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,55

Commission Decision of 8 September 2006

Award of lot No 59/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,66

Commission Decision of 8 September 2006

Award of lot No 60/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

45,05

Commission Decision of 8 September 2006

Award of lot No 61/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

47,31

Commission Decision of 8 September 2006

Award of lot No 62/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

47,61

Commission Decision of 8 September 2006

Award of lot No 63/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

47,91

Commission Decision of 8 September 2006

Award of lot No 64/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

44,50

Commission Decision of 8 September 2006

Award of lot No 65/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,50

Commission Decision of 8 September 2006

Award of lot No 66/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,56

Commission Decision of 8 September 2006

Award of lot No 67/2006 EC of tendering procedure No 6/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1015/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

44,11

Commission Decision of 15 November 2006

Award of lot No 68/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

50,51

Commission Decision of 15 November 2006

Award of lot No 69/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,50

Commission Decision of 15 November 2006

Award of lot No 70/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,51

Commission Decision of 15 November 2006

Award of lot No 71/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

47,00

Commission Decision of 15 November 2006

Award of lot No 72/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

48,00

Commission Decision of 15 November 2006

Award of lot No 73/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

48,00

Commission Decision of 15 November 2006

Award of lot No 74/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

46,70

Commission Decision of 15 November 2006

Award of lot No 75/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,65

Commission Decision of 15 November 2006

Award of lot No 76/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

44,16

Commission Decision of 15 November 2006

Award of lot No 77/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,60

Commission Decision of 15 November 2006

Award of lot No 78/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,66

Commission Decision of 15 November 2006

Award of lot No 79/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

44,60

Commission Decision of 15 November 2006

Award of lot No 80/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Tenders rejected

Commission Decision of 15 November 2006

Award of lot No 81/2006 EC of tendering procedure No 7/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1484/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| IVV-Instituto da Vinha e do Vinho |
| R. Mouzinho da Silveira, 5 |
| P-1250-165 Lisboa |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

IVV-Instituto da Vinha e do Vinho

R. Mouzinho da Silveira, 5

P-1250-165 Lisboa

40 000

raw alcohol

43,51

Commission Decision of 14 December 2006

Tendering procedure No 58/2006 CE for new industrial uses opened by Regulation (EC) No 1593/2006

Use: safety training

| Approved companies | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| GESIP |
| 22, rue du Pont Neuf |
| F-75001 Paris |

Approved companies

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

GESIP

22, rue du Pont Neuf

F-75001 Paris

684

raw alcohol

17,00

Commission Decision of 14 December 2006

Tendering procedure No 58/2006 CE for new industrial uses opened by Regulation (EC) No 1593/2006

Use: production of baker's yeast

| Approved companies | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| S. I. LESAFFRE |
| 137, rue Gabriel Péri |
| B.P. 3029 |
| F-59703 Marcq-en-Baroeul |

Approved companies

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

S. I. LESAFFRE

137, rue Gabriel Péri

B.P. 3029

F-59703 Marcq-en-Baroeul

50 000

raw alcohol

11,10

Commission Decision of 12 January 2007

Tendering procedure No 58/2006 CE for new industrial uses opened by Regulation (EC) No 1593/2006

Use: production of baker's yeast

| Approved companies | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| BIO SPRINGER |
| 103, rue Jean Jaurès |
| B.P. 17 |
| F-94701 Maisons-Alfort Cédex |

Approved companies

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

BIO SPRINGER

103, rue Jean Jaurès

B.P. 17

F-94701 Maisons-Alfort Cédex

16 390

raw alcohol

11,10

| S. I. L. FALA |
| --- |
| 8, rue de Saint-Nazaire |
| F-67100 Strasbourg |

S. I. L. FALA

8, rue de Saint-Nazaire

F-67100 Strasbourg

29 400

raw alcohol

11,10

Commission Decision of 31 January 2007

Award of lot No 82/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,615

Commission Decision of 31 January 2007

Award of lot No 83/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,615

Commission Decision of 31 January 2007

Award of lot No 84/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,615

Commission Decision of 31 January 2007

Award of lot No 85/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| FEGA |
| Beneficencia 8 |
| E-28004 Madrid |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

FEGA

Beneficencia 8

E-28004 Madrid

50 000

raw alcohol

48,615

Commission Decision of 31 January 2007

Award of lot No 86/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

48,05

Commission Decision of 31 January 2007

Award of lot No 87/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

48,05

Commission Decision of 31 January 2007

Award of lot No 88/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

48,05

Commission Decision of 31 January 2007

Award of lot No 89/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| Viniflhor-Libourne |
| Délégation nationale |
| 17, avenue de la Ballastière |
| B.P. 231 |
| F-33505 Libourne |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

Viniflhor-Libourne

Délégation nationale

17, avenue de la Ballastière

B.P. 231

F-33505 Libourne

50 000

raw alcohol

47,19

Commission Decision of 31 January 2007

Award of lot No 90/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,7

Commission Decision of 31 January 2007

Award of lot No 91/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,65

Commission Decision of 31 January 2007

Award of lot No 92/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

43,00

Commission Decision of 31 January 2007

Award of lot No 93/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| AGEA |
| Via Torino, 45 |
| I-00184 Roma |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

AGEA

Via Torino, 45

I-00184 Roma

50 000

raw alcohol

44,75

Commission Decision of 31 January 2007

Award of lot No 94/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Tenders rejected

Commission Decision of 31 January 2007

Award of lot No 95/2006 EC of tendering procedure No 8/2006 EC for use as bioethanol in the Community opened by Regulation (EC) No 1858/2006

Use: in the fuel sector as bioethanol

| Intervention agency of storage | Quantity of alcohol at 100 % vol. (hl) | Price (EUR/hl) of alcohol at 100 % vol. |
| --- | --- | --- |
| IVV-Instituto da Vinha e do Vinho |
| R. Mouzinho da Silveira, 5 |
| P-1250-165 Lisboa |

Intervention agency of storage

Quantity of alcohol at 100 % vol. (hl)

Price (EUR/hl) of alcohol at 100 % vol.

IVV-Instituto da Vinha e do Vinho

R. Mouzinho da Silveira, 5

P-1250-165 Lisboa

32 182

raw alcohol

45,055

---

NOTICES FROM MEMBER STATES

| 23.6.2007 | EN | Official Journal of the European Union | C 139/35 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/35

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid

(Text with EEA relevance)

(2007/C 139/06)

| Aid No | XR 97/07 |
| --- | --- |
| Member State | Poland |
| Region | Wrocław |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Uchwała nr III/13/06 Rady Miejskiej Wrocławia z dnia 28 grudnia 2006 r. w sprawie zwolnień od podatku od nieruchomości w ramach programu pomocy regionalnej na wspieranie nowych inwestycji przeznaczonego dla małych, średnich i dużych przedsiębiorców prowadzących działalność gospodarczą na terenie Wrocławia |
| Legal basis | Art. 18 ust. 2 pkt 15 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym (Dz.U. z 2001 r. nr 142, poz. 1591 ze zm.), Art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.) |
| Type of measure | Aid scheme |
| Annual budget | PLN 2,5 million |
| Maximum aid intensity | 40 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 19.1.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Prezydent Wrocławia |
| Sukiennice 9 |
| PL-50-107 Wrocław |

Aid No

XR 97/07

Member State

Poland

Region

Wrocław

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

Uchwała nr III/13/06 Rady Miejskiej Wrocławia z dnia 28 grudnia 2006 r. w sprawie zwolnień od podatku od nieruchomości w ramach programu pomocy regionalnej na wspieranie nowych inwestycji przeznaczonego dla małych, średnich i dużych przedsiębiorców prowadzących działalność gospodarczą na terenie Wrocławia

Legal basis

Art. 18 ust. 2 pkt 15 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym (Dz.U. z 2001 r. nr 142, poz. 1591 ze zm.), Art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.)

Type of measure

Aid scheme

Annual budget

PLN 2,5 million

Maximum aid intensity

40 %

In conformity with Article 4 of the Regulation

Date of implementation

19.1.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Prezydent Wrocławia

Sukiennice 9

PL-50-107 Wrocław

Internet address of the publication of the aid scheme

http://uchwaly.um.wroc.pl/uchwala.aspx?numer=III/13/06

Other information

—

| Aid No | XR 99/07 |
| --- | --- |
| Member State | Poland |
| Region | Wrocław |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Uchwała nr III/14/06 Rady Miejskiej Wrocławia z dnia 28 grudnia 2006 r. w sprawie zwolnień od podatku od nieruchomości w ramach programu pomocy regionalnej dla przedsiębiorców tworzących nowe miejsca pracy związane z nowymi inwestycjami na terenie Wrocławia |
| Legal basis | Art. 18 ust. 2 pkt 15 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym (Dz.U. z 2001 r. nr 142, poz. 1591 ze zm.), Art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.) |
| Type of measure | Aid scheme |
| Annual budget | PLN 2,5 million |
| Maximum aid intensity | 40 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 19.1.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Prezydent Wrocławia |
| Sukiennice 9 |
| PL-50-107 Wrocław |

Aid No

XR 99/07

Member State

Poland

Region

Wrocław

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

Uchwała nr III/14/06 Rady Miejskiej Wrocławia z dnia 28 grudnia 2006 r. w sprawie zwolnień od podatku od nieruchomości w ramach programu pomocy regionalnej dla przedsiębiorców tworzących nowe miejsca pracy związane z nowymi inwestycjami na terenie Wrocławia

Legal basis

Art. 18 ust. 2 pkt 15 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym (Dz.U. z 2001 r. nr 142, poz. 1591 ze zm.), Art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.)

Type of measure

Aid scheme

Annual budget

PLN 2,5 million

Maximum aid intensity

40 %

In conformity with Article 4 of the Regulation

Date of implementation

19.1.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Prezydent Wrocławia

Sukiennice 9

PL-50-107 Wrocław

Internet address of the publication of the aid scheme

http://uchwaly.um.wroc.pl/uchwala.aspx?numer=III/14/06

Other information

—

| Aid No | XR 100/07 |
| --- | --- |
| Member State | Poland |
| Region | Wrocław |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Uchwała nr III/16/06 Rady Miejskiej Wrocławia z dnia 28 grudnia 2006 r. w sprawie zwolnień od podatku od nieruchomości w zakresie pomocy regionalnej w ramach programu EIT+ na wspieranie nowych inwestycji dla przedsiębiorców innowacyjnych lub prowadzących działalność badawczo-rozwojową na terenie Wrocławia |
| Legal basis | Art. 18 ust. 2 pkt 15 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym (Dz.U. z 2001 r. nr 142, poz. 1591 ze zm.), Art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.) |
| Type of measure | Aid scheme |
| Annual budget | PLN 2 million |
| Maximum aid intensity | 40 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 19.1.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Prezydent Wrocławia |
| Sukiennice 9 |
| PL-50-107 Wrocław |

Aid No

XR 100/07

Member State

Poland

Region

Wrocław

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

Uchwała nr III/16/06 Rady Miejskiej Wrocławia z dnia 28 grudnia 2006 r. w sprawie zwolnień od podatku od nieruchomości w zakresie pomocy regionalnej w ramach programu EIT+ na wspieranie nowych inwestycji dla przedsiębiorców innowacyjnych lub prowadzących działalność badawczo-rozwojową na terenie Wrocławia

Legal basis

Art. 18 ust. 2 pkt 15 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym (Dz.U. z 2001 r. nr 142, poz. 1591 ze zm.), Art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.)

Type of measure

Aid scheme

Annual budget

PLN 2 million

Maximum aid intensity

40 %

In conformity with Article 4 of the Regulation

Date of implementation

19.1.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Prezydent Wrocławia

Sukiennice 9

PL-50-107 Wrocław

Internet address of the publication of the aid scheme

http://uchwaly.um.wroc.pl/uchwala.aspx?numer=III/16/06

Other information

—

| Aid No | XR 114/07 |
| --- | --- |
| Member State | Spain |
| Region | Galicia |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Subvenciones a empresas privadas para la creación y mejora de establecimientos turísticos |
| Legal basis | Orden del 16 de mayo de la Consellería de Innovación e Industria por la que se establecen las bases reguladoras para la concesión, en régimen de concurrencia competitiva, de las subvenciones a empresas privadas para la creación y mejora de establecimientos turísticos, y se procede a su convocatoria para el año 2007 (DOG no 98, del 23 de mayo de 2007) |
| Type of measure | Aid scheme |
| Annual budget | EUR 1,8 million |
| Maximum aid intensity | 20 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 28.6.2007 |
| Duration | 31.12.2013 |
| Economic sectors | Limited to specific sectors: |
| 55 |
| Name and address of the granting authority | Dirección xeral de turismo |
| Plaza de Mazarelos, 15 |
| E-15703 Santiago de Compostela (A Coruña) |

Aid No

XR 114/07

Member State

Spain

Region

Galicia

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

Subvenciones a empresas privadas para la creación y mejora de establecimientos turísticos

Legal basis

Orden del 16 de mayo de la Consellería de Innovación e Industria por la que se establecen las bases reguladoras para la concesión, en régimen de concurrencia competitiva, de las subvenciones a empresas privadas para la creación y mejora de establecimientos turísticos, y se procede a su convocatoria para el año 2007 (DOG no 98, del 23 de mayo de 2007)

Type of measure

Aid scheme

Annual budget

EUR 1,8 million

Maximum aid intensity

20 %

In conformity with Article 4 of the Regulation

Date of implementation

28.6.2007

Duration

31.12.2013

Economic sectors

Limited to specific sectors:

55

Name and address of the granting authority

Dirección xeral de turismo

Plaza de Mazarelos, 15

E-15703 Santiago de Compostela (A Coruña)

Internet address of the publication of the aid scheme

www.conselleriaiei.org

Other information

—

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 23.6.2007 | EN | Official Journal of the European Union | C 139/38 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/38

---

Prior notification of a concentration

(Case COMP/M.4757 — Nordic Capital/Thule)

(Text with EEA relevance)

(2007/C 139/07)

| 1. | On 15 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Nordic Capital VI Limited (‘Nordic Capital’, Channel Islands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Thule AB (‘Thule’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 15 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Nordic Capital VI Limited (‘Nordic Capital’, Channel Islands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Thule AB (‘Thule’, Sweden) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Nordic Capital: investment fund with a focus to the Nordic region; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Nordic Capital: investment fund with a focus to the Nordic region;

| — | for Thule: manufacturing and sale of load carrying systems and trailers for passenger cars, tow bars and wiring kits for passenger cars and heavy vehicles, accessories for recreational vehicles and snow chains. |
| --- | --- |

—

for Thule: manufacturing and sale of load carrying systems and trailers for passenger cars, tow bars and wiring kits for passenger cars and heavy vehicles, accessories for recreational vehicles and snow chains.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference COMP/M.4757 — Nordic Capital/Thule, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference COMP/M.4757 — Nordic Capital/Thule, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---

| 23.6.2007 | EN | Official Journal of the European Union | C 139/39 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

C 139/39

---

Prior notification of a concentration

(Case COMP/M.4739 — Halder/NPM Capital/ANP)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 139/08)

| 1. | On 18 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Halder-GIMV Investering 2004 B.V. (‘Halder’, the Netherlands) controlled by GIMV N.V. and NPM Capital N.V. (‘NPM Capital’, the Netherlands) controlled by SHV Holdings N.V. acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ANP Holding B.V. (‘ANP’, the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 18 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Halder-GIMV Investering 2004 B.V. (‘Halder’, the Netherlands) controlled by GIMV N.V. and NPM Capital N.V. (‘NPM Capital’, the Netherlands) controlled by SHV Holdings N.V. acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ANP Holding B.V. (‘ANP’, the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Halder: private equity investment company and manager of investment funds, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Halder: private equity investment company and manager of investment funds,

| — | for undertaking NPM Capital: private equity investment company, |
| --- | --- |

—

for undertaking NPM Capital: private equity investment company,

| — | for undertaking ANP: Algemeen Nederlands Persbureau delivers news to the Dutch media. |
| --- | --- |

—

for undertaking ANP: Algemeen Nederlands Persbureau delivers news to the Dutch media.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4739 — Halder/NPM Capital/ANP, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4739 — Halder/NPM Capital/ANP, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

---