# Official Journal C 289/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 289 |
| | |
| English edition | Information and Notices | Volume 583 September 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 289

English edition

Information and Notices

Volume 583 September 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 289/01 | Non-opposition to a notified concentration (Case M.7676 — GKN/Fokker) (
  1
  ) | 1 |
| 2015/C 289/02 | Non-opposition to a notified concentration (Case M.7679 — Evo Payments International/Raiffeisen Bank Polska/Raiffeisenbank/JVS) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 289/01

Non-opposition to a notified concentration (Case M.7676 — GKN/Fokker) (
  1
  )

1

1

2015/C 289/02

Non-opposition to a notified concentration (Case M.7679 — Evo Payments International/Raiffeisen Bank Polska/Raiffeisenbank/JVS) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2015/C 289/03 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/798/CFSP, as implemented by Council Implementing Decision (CFSP) 2015/1488, and Council Regulation (EU) No 224/2014, as implemented by Council Implementing Regulation (EU) 2015/1485 concerning restrictive measures in view of the situation in the Central African Republic | 2 |
| 2015/C 289/04 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 224/2014 as implemented by Council Implementing Regulation (EU) 2015/1485 concerning restrictive measures in view of the situation in the Central African Republic apply | 4 |
| | European Commission |
| 2015/C 289/05 | Euro exchange rates | 5 |
| | European Data Protection Supervisor |
| 2015/C 289/06 | Executive summary of the Opinion of the European Data Protection Supervisor on the EU-Switzerland agreements on the automatic exchange of tax information | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2015/C 289/03

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/798/CFSP, as implemented by Council Implementing Decision (CFSP) 2015/1488, and Council Regulation (EU) No 224/2014, as implemented by Council Implementing Regulation (EU) 2015/1485 concerning restrictive measures in view of the situation in the Central African Republic

2

2015/C 289/04

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 224/2014 as implemented by Council Implementing Regulation (EU) 2015/1485 concerning restrictive measures in view of the situation in the Central African Republic apply

4

European Commission

2015/C 289/05

Euro exchange rates

5

European Data Protection Supervisor

2015/C 289/06

Executive summary of the Opinion of the European Data Protection Supervisor on the EU-Switzerland agreements on the automatic exchange of tax information

6

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 289/07 | Prior notification of a concentration (Case M.7691 — Apollo/OMG) (
  1
  ) | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 289/07

Prior notification of a concentration (Case M.7691 — Apollo/OMG) (
  1
  )

1

9

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.9.2015 | EN | Official Journal of the European Union | C 289/1 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/1

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Non-opposition to a notified concentration

(Case M.7676 — GKN/Fokker)

(Text with EEA relevance)

(2015/C 289/01)

On 28 August 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7676. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7676. EUR-Lex is the online access to the European law.

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

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| 3.9.2015 | EN | Official Journal of the European Union | C 289/1 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/1

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Non-opposition to a notified concentration

(Case M.7679 — Evo Payments International/Raiffeisen Bank Polska/Raiffeisenbank/JVS)

(Text with EEA relevance)

(2015/C 289/02)

On 27 August 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7679. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7679. EUR-Lex is the online access to European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 3.9.2015 | EN | Official Journal of the European Union | C 289/2 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/2

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Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/798/CFSP, as implemented by Council Implementing Decision (CFSP) 2015/1488, and Council Regulation (EU) No 224/2014, as implemented by Council Implementing Regulation (EU) 2015/1485 concerning restrictive measures in view of the situation in the Central African Republic

(2015/C 289/03)

The following information is brought to the attention of the persons listed in the Annex to Council Decision 2013/798/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2015/1488 (2), and in Annex I to Council Regulation (EU) No 224/2014 (3), as implemented by Council Implementing Regulation (EU) 2015/1485 (4) concerning restrictive measures in view of the situation in the Central African Republic.

On 20 August 2015, the Sanctions Committee established pursuant to United Nations Security Council Resolution 2127 (2013) updated the information concerning three persons on the list of persons and entities subject to the measures imposed by paragraphs 30 and 32 of Resolution 2134 (2014).

The persons concerned may submit at any time a request to the UN Committee established pursuant to Resolution 2127 (2013), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Any such request should be sent to the following address:

| Focal Point for De-listing |
| --- |
| Security Council Subsidiary Organs Branch |
| Room DC2 0853B |
| United Nations |
| New York, N.Y. 10017 |
| UNITED STATES OF AMERICA |
| Tel. +1 9173679448 |
| Fax +1 2129631300 |
| E-mail: delisting@un.org |

Focal Point for De-listing

Security Council Subsidiary Organs Branch

Room DC2 0853B

United Nations

New York, N.Y. 10017

UNITED STATES OF AMERICA

Tel. +1 9173679448

Fax +1 2129631300

E-mail: delisting@un.org

For further information, see: http://www.un.org/sc/committees/2127/

Further to the UN decision, the Council of the European Union has determined that the persons designated by the UN should be included in the lists of persons and entities which are subject to the restrictive measures provided for in Decision 2013/798/CFSP and Regulation (EU) No 224/2014. The grounds for listing of the persons concerned appear in the relevant entries in the Annex to the Decision and in Annex I to the Regulation.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 224/2014, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, to the following address:

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

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

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

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(1)  OJ L 352, 24.12.2013, p. 51.

(2)  OJ L 229, 3.9.2015, p. 12.

(3)  OJ L 70, 11.3.2014, p. 1.

(4)  OJ L 229, 3.9.2015, p. 1.

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| 3.9.2015 | EN | Official Journal of the European Union | C 289/4 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/4

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Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 224/2014 as implemented by Council Implementing Regulation (EU) 2015/1485 concerning restrictive measures in view of the situation in the Central African Republic apply

(2015/C 289/04)

The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):

The legal basis for this processing operation is Council Regulation (EU) No 224/2014 (2), as implemented by Council Implementing Regulation (EU) 2015/1485 (3).

The controller of this processing operation is the Council of the European Union, represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council, and the department entrusted with the processing operation is Unit 1C, which can be contacted at:

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

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 224/2014, as implemented by Implementing Regulation (EU) 2015/1485.

The data subjects are the natural persons who fulfil the listing criteria as laid down in that Regulation.

The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with Section 5 of Council Decision 2004/644/EC (4).

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.

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

(2)  OJ L 70, 11.3.2014, p. 1.

(3)  OJ L 229, 3.9.2015, p. 1.

(4)  OJ L 296, 21.9.2004, p. 16.

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European Commission

| 3.9.2015 | EN | Official Journal of the European Union | C 289/5 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/5

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Euro exchange rates (1)

2 September 2015

(2015/C 289/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1255 |
| JPY | Japanese yen | 135,21 |
| DKK | Danish krone | 7,4632 |
| GBP | Pound sterling | 0,73690 |
| SEK | Swedish krona | 9,4968 |
| CHF | Swiss franc | 1,0867 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,3015 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,023 |
| HUF | Hungarian forint | 313,95 |
| PLN | Polish zloty | 4,2359 |
| RON | Romanian leu | 4,4403 |
| TRY | Turkish lira | 3,3126 |
| AUD | Australian dollar | 1,6061 |
| CAD | Canadian dollar | 1,4919 |
| HKD | Hong Kong dollar | 8,7226 |
| NZD | New Zealand dollar | 1,7766 |
| SGD | Singapore dollar | 1,5938 |
| KRW | South Korean won | 1 332,76 |
| ZAR | South African rand | 15,1480 |
| CNY | Chinese yuan renminbi | 7,1537 |
| HRK | Croatian kuna | 7,5535 |
| IDR | Indonesian rupiah | 15 920,10 |
| MYR | Malaysian ringgit | 4,7391 |
| PHP | Philippine peso | 52,647 |
| RUB | Russian rouble | 75,8536 |
| THB | Thai baht | 40,250 |
| BRL | Brazilian real | 4,1992 |
| MXN | Mexican peso | 19,0198 |
| INR | Indian rupee | 74,5011 |

Currency

Exchange rate

USD

US dollar

1,1255

JPY

Japanese yen

135,21

DKK

Danish krone

7,4632

GBP

Pound sterling

0,73690

SEK

Swedish krona

9,4968

CHF

Swiss franc

1,0867

ISK

Iceland króna

NOK

Norwegian krone

9,3015

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,023

HUF

Hungarian forint

313,95

PLN

Polish zloty

4,2359

RON

Romanian leu

4,4403

TRY

Turkish lira

3,3126

AUD

Australian dollar

1,6061

CAD

Canadian dollar

1,4919

HKD

Hong Kong dollar

8,7226

NZD

New Zealand dollar

1,7766

SGD

Singapore dollar

1,5938

KRW

South Korean won

1 332,76

ZAR

South African rand

15,1480

CNY

Chinese yuan renminbi

7,1537

HRK

Croatian kuna

7,5535

IDR

Indonesian rupiah

15 920,10

MYR

Malaysian ringgit

4,7391

PHP

Philippine peso

52,647

RUB

Russian rouble

75,8536

THB

Thai baht

40,250

BRL

Brazilian real

4,1992

MXN

Mexican peso

19,0198

INR

Indian rupee

74,5011

---

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

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European Data Protection Supervisor

| 3.9.2015 | EN | Official Journal of the European Union | C 289/6 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/6

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Executive summary of the Opinion of the European Data Protection Supervisor on the EU-Switzerland agreements on the automatic exchange of tax information

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

(2015/C 289/06)

Summary

The EU has signed, or is negotiating, bilateral agreements with Switzerland, Andorra, Liechtenstein, Monaco and San Marino aiming to regulate and facilitate the exchange of financial, tax-relevant information, thus putting an end to banking secrecy in tax matters.

On a basis of the provisions of the agreement recently concluded with Switzerland (the ‘Agreement’), the EDPS has decided to call on the EU legislator to implement data protection safeguards in future similar bilateral agreements dealing with automatic exchange of tax information.

The context: The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information, in order to implement automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide. The OECD adopted such system in July 2014 (the ‘Global Standard’).

In order to implement the Global Standard in the exchanges of data between the EU and the Swiss Confederation, the Agreement -signed by the parties on 27 May 2015 and replacing a previous agreement on the same subject- contains a number of provisions regulating the automatic exchange of tax information between the concerned tax authorities in Switzerland and in the Member States.

Such increased attention against tax evasion and the automatic exchange of financial information calls for appropriate safeguards for data protection rights.

The safeguards: The EDPS finds that, in spite of the provisions on data protection contained in Article 6 of the Agreement, basic data protection safeguards have not been fully implemented. He considers, in particular, that the following safeguards would have been appropriate:

| (i) | make the collection and exchange of tax-relevant information conditional on the effective risk of tax evasion; |
| --- | --- |

(i)

make the collection and exchange of tax-relevant information conditional on the effective risk of tax evasion;

| (ii) | limit the purpose of data processing to the pursuit of a legitimate policy goal (i.e. countering tax evasion), preventing use for additional purposes without informing data subjects; |
| --- | --- |

(ii)

limit the purpose of data processing to the pursuit of a legitimate policy goal (i.e. countering tax evasion), preventing use for additional purposes without informing data subjects;

| (iii) | provide for proper information of the data subjects as to the purpose and modalities of processing of their financial data, including the recipients of their data; |
| --- | --- |

(iii)

provide for proper information of the data subjects as to the purpose and modalities of processing of their financial data, including the recipients of their data;

| (iv) | set forth explicit security and data protection standards to be complied with by private and public authorities engaging in the collection and exchange of tax information; |
| --- | --- |

(iv)

set forth explicit security and data protection standards to be complied with by private and public authorities engaging in the collection and exchange of tax information;

| (v) | provide for an explicit retention period applicable to the tax information exchanged and mandate for its deletion, once such information is no longer processed for the purpose of countering tax evasion. |
| --- | --- |

(v)

provide for an explicit retention period applicable to the tax information exchanged and mandate for its deletion, once such information is no longer processed for the purpose of countering tax evasion.

I.   IMPLEMENTATION OF THE GLOBAL STANDARD FOR AUTOMATIC EXCHANGE OF FINANCIAL ACCOUNT INFORMATION

| 1. | The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014. |
| --- | --- |

1.

The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014.

| 2. | In the EU, in order to preserve the level playing field of economic operators, agreements have been signed with Switzerland, Andorra, Liechtenstein, Monaco and San Marino providing for measures equivalent to those laid down in directive No. 2003/48/EC (on taxation of savings income in the form of interest payments) (1). The purpose of these agreements was to regulate and facilitate the exchange of financial information, relevant for taxation purposes, among the competent authorities of the countries involved in the agreements, thus putting an end to banking secrecy in tax matters. |
| --- | --- |

2.

In the EU, in order to preserve the level playing field of economic operators, agreements have been signed with Switzerland, Andorra, Liechtenstein, Monaco and San Marino providing for measures equivalent to those laid down in directive No. 2003/48/EC (on taxation of savings income in the form of interest payments) (1). The purpose of these agreements was to regulate and facilitate the exchange of financial information, relevant for taxation purposes, among the competent authorities of the countries involved in the agreements, thus putting an end to banking secrecy in tax matters.

| 3. | On 27 May 2015, the President of the Council signed, on behalf of the European Union, the Amending Protocol to the agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive No 2003/48/EC on taxation of savings income in the form of interest payments (hereafter ‘the Agreement’). The approval of the conclusion of the Agreement by the European Parliament is currently pending. |
| --- | --- |

3.

On 27 May 2015, the President of the Council signed, on behalf of the European Union, the Amending Protocol to the agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive No 2003/48/EC on taxation of savings income in the form of interest payments (hereafter ‘the Agreement’). The approval of the conclusion of the Agreement by the European Parliament is currently pending.

| 4. | In order to minimise costs and administrative burdens both for tax administrations and for economic operators, the Agreement aims at bringing the existing Savings Agreement with Switzerland in line with EU and international developments as regards automatic exchange of information. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU. |
| --- | --- |

4.

In order to minimise costs and administrative burdens both for tax administrations and for economic operators, the Agreement aims at bringing the existing Savings Agreement with Switzerland in line with EU and international developments as regards automatic exchange of information. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU.

| 5. | Therefore, in order to implement the Global Standard in the exchanges of data between the EU and the Swiss Confederation, the Agreement contains a number of provisions regulating the automatic exchange of tax information between the concerned tax authorities in Switzerland and in the Member States. |
| --- | --- |

5.

Therefore, in order to implement the Global Standard in the exchanges of data between the EU and the Swiss Confederation, the Agreement contains a number of provisions regulating the automatic exchange of tax information between the concerned tax authorities in Switzerland and in the Member States.

| 6. | The increased attention against tax evasion and the automatic exchange of financial information, however, calls for appropriate safeguards for data protection rights. This is a crucial aspect, considering that the OECD rules on automatic exchange converge on principles already adopted by the US legislation on the subject (the US FATCA) which, nonetheless, have a different approach to data protection issues (2). |
| --- | --- |

6.

The increased attention against tax evasion and the automatic exchange of financial information, however, calls for appropriate safeguards for data protection rights. This is a crucial aspect, considering that the OECD rules on automatic exchange converge on principles already adopted by the US legislation on the subject (the US FATCA) which, nonetheless, have a different approach to data protection issues (2).

| 7. | With respect to the protection of personal data, it must be noted that the Agreement includes, in its Article 6, provisions on confidentiality and data protection. In addition, it must be borne in mind that the Commission has adopted an adequacy decision (3) finding that the data protection legal framework in force in Switzerland is consistent with the principles of Directive No 95/46/EC (the ‘Data Protection Directive’) thus allowing for unrestricted transfer of data pursuant to Articles 25 and 26 of the same Directive. |
| --- | --- |

7.

With respect to the protection of personal data, it must be noted that the Agreement includes, in its Article 6, provisions on confidentiality and data protection. In addition, it must be borne in mind that the Commission has adopted an adequacy decision (3) finding that the data protection legal framework in force in Switzerland is consistent with the principles of Directive No 95/46/EC (the ‘Data Protection Directive’) thus allowing for unrestricted transfer of data pursuant to Articles 25 and 26 of the same Directive.

| 8. | In this Opinion, we would like to formulate a number of considerations focusing on the data protection implications of the Agreement, with a view to provide guidance on essential safeguards that should be embedded in future bilateral agreements entered into by the EU for the purpose of facilitating the automatic exchange of financial account information. |
| --- | --- |

8.

In this Opinion, we would like to formulate a number of considerations focusing on the data protection implications of the Agreement, with a view to provide guidance on essential safeguards that should be embedded in future bilateral agreements entered into by the EU for the purpose of facilitating the automatic exchange of financial account information.

III.   CONCLUSION

| 29. | In the light of the considerations above, we take note of the fact that the implementation of the Global Standard is considered as necessary to counter tax evasion and thus ensure a level playing field to market operators. |
| --- | --- |

29.

In the light of the considerations above, we take note of the fact that the implementation of the Global Standard is considered as necessary to counter tax evasion and thus ensure a level playing field to market operators.

| 30. | We consider, nonetheless, that, during the negotiation phase, a number of corrections should have been made to the Agreement in order to better address data protection issues. We now call on the EU legislator to introduce such data protection safeguards in future measures implementing the Agreement and in future bilateral agreements to be concluded with other countries in the same field. In particular, any similar agreement or future implementing measure should:






  — | ensure proportionality of the data processing, by making the collection and exchange of tax information conditional on the effective risk of tax evasion and by implementing criteria to exempt low-risk accounts from reporting; |
| --- | --- | --- |

30.

We consider, nonetheless, that, during the negotiation phase, a number of corrections should have been made to the Agreement in order to better address data protection issues. We now call on the EU legislator to introduce such data protection safeguards in future measures implementing the Agreement and in future bilateral agreements to be concluded with other countries in the same field. In particular, any similar agreement or future implementing measure should:

—

ensure proportionality of the data processing, by making the collection and exchange of tax information conditional on the effective risk of tax evasion and by implementing criteria to exempt low-risk accounts from reporting;

| — | limit the purpose of data processing to the pursuit of a legitimate policy goal and prevent use for additional purposes without informing data subjects; |
| --- | --- |

—

limit the purpose of data processing to the pursuit of a legitimate policy goal and prevent use for additional purposes without informing data subjects;

| — | provide for proper information of the data subjects (pursuant to Article 10 of the Data Protection Directive) as to the purpose and modalities of processing of their financial data, including the recipients of their data; |
| --- | --- |

—

provide for proper information of the data subjects (pursuant to Article 10 of the Data Protection Directive) as to the purpose and modalities of processing of their financial data, including the recipients of their data;

| — | set forth explicit security and data protection standards to be complied with by private and public authorities engaging in the collection and exchange of tax information (privacy-by-design). It should also provide for sanctions in case of breach of such provisions; |
| --- | --- |

—

set forth explicit security and data protection standards to be complied with by private and public authorities engaging in the collection and exchange of tax information (privacy-by-design). It should also provide for sanctions in case of breach of such provisions;

| — | provide for an explicit retention period applicable to the tax information exchanged and mandate for its deletion, once such information is no longer processed for the purpose of countering tax evasion. |
| --- | --- |

—

provide for an explicit retention period applicable to the tax information exchanged and mandate for its deletion, once such information is no longer processed for the purpose of countering tax evasion.

Done at Brussels, 8 July 2015.

Wojciech Rafał WIEWIÓROWSKI

European Data Protection Assistant Supervisor

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(1)  Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (OJ L 157, 26.6.2003, p. 38).

1

(2)  Article 29 WP letter of 18.9.2014 on the OECD Common Reporting Standard, available at http://ec.europa.eu/justice/data-protection/article-29/documentation/other-document/files/2014/20140918_letter_on_oecd_common_reporting_standard.pdf.pdf

2

(3)  Commission Decision 2000/518/EC of 26 July 2000, available at http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1415700329280&uri=CELEX:32000D0518

3

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 3.9.2015 | EN | Official Journal of the European Union | C 289/9 |
| --- | --- | --- | --- |

3.9.2015

EN

Official Journal of the European Union

C 289/9

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Prior notification of a concentration

(Case M.7691 — Apollo/OMG)

(Text with EEA relevance)

(2015/C 289/07)

| 1. | On 24 August 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Apollo Management, L.P. (Apollo, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking OM Group, Inc. (OMG, USA) by way of purchase of shares. |
| --- | --- |

1.

On 24 August 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Apollo Management, L.P. (Apollo, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking OM Group, Inc. (OMG, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Apollo: investment activities in various business sectors globally, including companies in the chemical business,
  —   for OMG: manufacture of specialty chemicals for electronic and industrial applications, of batteries and accumulators, and of magnetic and optical data, globally. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Apollo: investment activities in various business sectors globally, including companies in the chemical business,

—   for OMG: manufacture of specialty chemicals for electronic and industrial applications, of batteries and accumulators, and of magnetic and optical data, globally.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7691 — Apollo/OMG, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7691 — Apollo/OMG, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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