# Official Journal C 169/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 169 |
| | |
| English edition | Information and Notices | Volume 5021 July 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 169

English edition

Information and Notices

Volume 5021 July 2007

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations, guidelines and opinions |
| | OPINIONS |
| | Commission |
| 2007/C 169/01 | Commission opinion of 19 July 2007 concerning the amended plan for the disposal of radioactive waste from the Dampierre nuclear power station in France, in accordance with Article 37 of the Euratom Treaty | 1 |
| | European Data Protection Supervisor |
| 2007/C 169/02 | Opinion of the European Data Protection Supervisor on the Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden, with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime | 2 |

Notice No

Contents

page

I   Resolutions, recommendations, guidelines and opinions

OPINIONS

Commission

2007/C 169/01

Commission opinion of 19 July 2007 concerning the amended plan for the disposal of radioactive waste from the Dampierre nuclear power station in France, in accordance with Article 37 of the Euratom Treaty

1

European Data Protection Supervisor

2007/C 169/02

Opinion of the European Data Protection Supervisor on the Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden, with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

2

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 169/03 | Non-opposition to a notified concentration (Case COMP/M.4646 — AXA/Banca Monte dei Paschi di Siena/JV) (
  1
  ) | 15 |
| 2007/C 169/04 | Non-opposition to a notified concentration (Case COMP/M.4728 — Red & Black/Valentino Fashion Group) (
  1
  ) | 15 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 169/03

Non-opposition to a notified concentration (Case COMP/M.4646 — AXA/Banca Monte dei Paschi di Siena/JV) (
  1
  )

1

15

2007/C 169/04

Non-opposition to a notified concentration (Case COMP/M.4728 — Red & Black/Valentino Fashion Group) (
  1
  )

1

15

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | European Parliament |
| 2007/C 169/05 | Decision | 16 |
| | Commission |
| 2007/C 169/06 | Euro exchange rates | 17 |
| | NOTICES FROM MEMBER STATES |
| 2007/C 169/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628 on the application of Articles 87 and 88 of the Treaty to national regional investment aid (
  1
  ) | 18 |
| 2007/C 169/08 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (
  1
  ) | 26 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

European Parliament

2007/C 169/05

Decision

16

Commission

2007/C 169/06

Euro exchange rates

17

NOTICES FROM MEMBER STATES

2007/C 169/07

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

1

18

2007/C 169/08

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (
  1
  )

1

26

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Council |
| 2007/C 169/09 | Open call — European Cooperation in the field of Scientific and Technical Research (COST) | 27 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2007/C 169/10 | Prior notification of a concentration (Case COMP/M.4709 — Apax Partners/Telenor Satellite Services) (
  1
  ) | 29 |
| 2007/C 169/11 | Prior notification of a concentration (Case COMP/M.4748 — T-Mobile/Orange Netherlands) (
  1
  ) | 30 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Council

2007/C 169/09

Open call — European Cooperation in the field of Scientific and Technical Research (COST)

27

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2007/C 169/10

Prior notification of a concentration (Case COMP/M.4709 — Apax Partners/Telenor Satellite Services) (
  1
  )

1

29

2007/C 169/11

Prior notification of a concentration (Case COMP/M.4748 — T-Mobile/Orange Netherlands) (
  1
  )

1

30

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

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EN

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I Resolutions, recommendations, guidelines and opinions

OPINIONS

Commission

| 21.7.2007 | EN | Official Journal of the European Union | C 169/1 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/1

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COMMISSION OPINION

of 19 July 2007

concerning the amended plan for the disposal of radioactive waste from the Dampierre nuclear power station in France, in accordance with Article 37 of the Euratom Treaty

(only the French text is authentic)

(2007/C 169/01)

On 17 November 2006, the European Commission received from the Government of France, in accordance with Article 37 of the Euratom Treaty, General Data relating to the amended plan for the disposal of radioactive waste from the Dampierre nuclear power station.

On the basis of these data, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

| 1. | The distance between the plant and the nearest point on the territory of another Member State, in this case Belgium, is approximately 275 km. |
| --- | --- |

1.

The distance between the plant and the nearest point on the territory of another Member State, in this case Belgium, is approximately 275 km.

| 2. | The planned modification will lead to a general decrease of the gaseous and liquid discharge limits except for liquid tritium for which an increase is foreseen. |
| --- | --- |

2.

The planned modification will lead to a general decrease of the gaseous and liquid discharge limits except for liquid tritium for which an increase is foreseen.

| 3. | During normal operation, the planned modification will not cause an exposure liable to affect the health of the population in other Member States. |
| --- | --- |

3.

During normal operation, the planned modification will not cause an exposure liable to affect the health of the population in other Member States.

| 4. | In the event of unplanned releases of radioactive effluents resulting from an accident of the type and magnitude considered in the initial General Data, the planned modification to the fuel management system will not give rise to doses in other Member States liable to affect the health of the population. |
| --- | --- |

4.

In the event of unplanned releases of radioactive effluents resulting from an accident of the type and magnitude considered in the initial General Data, the planned modification to the fuel management system will not give rise to doses in other Member States liable to affect the health of the population.

In conclusion, the Commission is of the opinion that the implementation of the amended plan for the disposal of radioactive waste in whatever form from the Dampierre nuclear power station, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in the radioactive contamination of the water, soil or airspace of another Member State.

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European Data Protection Supervisor

| 21.7.2007 | EN | Official Journal of the European Union | C 169/2 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/2

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Opinion of the European Data Protection Supervisor on the Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden, with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

(2007/C 169/02)

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   Preliminary remarks

The initiative and the opinion of the EDPS

| 1. | In February 2007, 15 Member States have taken the initiative with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (3). This initiative deals with matters concerning the processing of personal data. The European Data Protection Supervisor is responsible for advising on this initiative since this falls within the limits of the task entrusted to him, in particular in Article 41 of Regulation (EC) No 45/2001. The EDPS issues this opinion ex officio, since no request for advice has been sent to the EDPS (4). According to the EDPS, the present opinion should be mentioned in the preamble of the Council Decision (5). |
| --- | --- |

1.

In February 2007, 15 Member States have taken the initiative with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (3). This initiative deals with matters concerning the processing of personal data. The European Data Protection Supervisor is responsible for advising on this initiative since this falls within the limits of the task entrusted to him, in particular in Article 41 of Regulation (EC) No 45/2001. The EDPS issues this opinion ex officio, since no request for advice has been sent to the EDPS (4). According to the EDPS, the present opinion should be mentioned in the preamble of the Council Decision (5).

The background and the content of the present initiative

| 2. | The background of this initiative is unique within the third pillar cooperation. The initiative aims to make the essential parts of the Prüm Treaty, signed on 27 May 2005 by seven Member States (6), applicable to all Member States. These essential parts have already been ratified by some of these seven Member States, whilst others of these Member States are in the process of ratification. The substance of these essential parts is therefore clearly not intended to be changed. (7) |
| --- | --- |

2.

The background of this initiative is unique within the third pillar cooperation. The initiative aims to make the essential parts of the Prüm Treaty, signed on 27 May 2005 by seven Member States (6), applicable to all Member States. These essential parts have already been ratified by some of these seven Member States, whilst others of these Member States are in the process of ratification. The substance of these essential parts is therefore clearly not intended to be changed. (7)

| 3. | According to its recitals, the initiative must be seen as an implementation of the principle of availability that has been presented in the Hague Programme of 2004 as an innovative approach to the cross-border exchange of law enforcement information (8). The initiative is presented as an alternative to the proposal for a Council Framework Decision on the exchange of information under the principle of availability on which the EDPS presented his opinion on 28 February 2006 (9), which was not debated in Council with the view to its adoption. |
| --- | --- |

3.

According to its recitals, the initiative must be seen as an implementation of the principle of availability that has been presented in the Hague Programme of 2004 as an innovative approach to the cross-border exchange of law enforcement information (8). The initiative is presented as an alternative to the proposal for a Council Framework Decision on the exchange of information under the principle of availability on which the EDPS presented his opinion on 28 February 2006 (9), which was not debated in Council with the view to its adoption.

| 4. | The initiative takes a fundamentally different approach than the above mentioned proposal for a Council Framework Decision. Where this proposal foresees direct access to available information, the initiative aims at indirect access through reference data. The initiative moreover requires from the Member States to collect and store certain information, even if it is not yet available in the national jurisdiction. |
| --- | --- |

4.

The initiative takes a fundamentally different approach than the above mentioned proposal for a Council Framework Decision. Where this proposal foresees direct access to available information, the initiative aims at indirect access through reference data. The initiative moreover requires from the Member States to collect and store certain information, even if it is not yet available in the national jurisdiction.

| 5. | An important focus in the initiative is on the exchange of biometric information between police and judicial authorities of the Member States, in particular data from DNA analysis files and automated dactyloscopic information systems (systems containing fingerprints (10)). |
| --- | --- |

5.

An important focus in the initiative is on the exchange of biometric information between police and judicial authorities of the Member States, in particular data from DNA analysis files and automated dactyloscopic information systems (systems containing fingerprints (10)).

| 6. | The initiative incorporates a chapter 6 entitled ‘General provisions on data protection’. This chapter contains a number of data protection arrangements, which are tailored to the specific nature of the data exchange it regulates (11). Chapter 6 also refers to the Council of Europe Convention No 108 (12) and related documents of the Council of Europe as a general framework for data protection, in the absence of the adoption of a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. (13) |
| --- | --- |

6.

The initiative incorporates a chapter 6 entitled ‘General provisions on data protection’. This chapter contains a number of data protection arrangements, which are tailored to the specific nature of the data exchange it regulates (11). Chapter 6 also refers to the Council of Europe Convention No 108 (12) and related documents of the Council of Europe as a general framework for data protection, in the absence of the adoption of a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. (13)

II   Focus of the opinion of the EDPS

| 7. | This opinion will take into account the unique nature of the initiative, more specifically the fact that major amendments in the substance of the provisions are not foreseen. The EDPS will therefore focus on a number of more general issues related to the initiative and its context. The amendments the EDPS proposes mainly serve to improve the text without modifying the system of information exchange itself. |
| --- | --- |

7.

This opinion will take into account the unique nature of the initiative, more specifically the fact that major amendments in the substance of the provisions are not foreseen. The EDPS will therefore focus on a number of more general issues related to the initiative and its context. The amendments the EDPS proposes mainly serve to improve the text without modifying the system of information exchange itself.

| 8. | The first issue is of a procedural nature. The initiative implies that a small number of Member States fix the policy choices of all the Member States, in an area which is covered by provisions of the EU-Treaty, particularly Title VI of the EU-Treaty (the third pillar). The procedures of Title VI for enhanced cooperation have not been followed. |
| --- | --- |

8.

The first issue is of a procedural nature. The initiative implies that a small number of Member States fix the policy choices of all the Member States, in an area which is covered by provisions of the EU-Treaty, particularly Title VI of the EU-Treaty (the third pillar). The procedures of Title VI for enhanced cooperation have not been followed.

| 9. | The second issue relates to the principle of availability. Although the initiative must be seen as an implementation of this principle, it does not lead to availability as such but it is only one further step towards availability of law enforcement information across the borders of the Member States. It is part of a piecemeal approach aiming to facilitate the exchange of law enforcement information. |
| --- | --- |

9.

The second issue relates to the principle of availability. Although the initiative must be seen as an implementation of this principle, it does not lead to availability as such but it is only one further step towards availability of law enforcement information across the borders of the Member States. It is part of a piecemeal approach aiming to facilitate the exchange of law enforcement information.

| 10. | The third issue can be circumscribed as the issue of proportionality. It is difficult to assess whether the provisions of the initiative for a Council Decision are justified by the need to combat terrorism and cross-border crime. The EDPS recalls that the Prüm Convention has been set up as a ‘laboratory’ for cross border exchange of information, in particular DNA analysis files and fingerprints. However, the present initiative is presented before the experiments with the exchange have been effectively put in practice (14). |
| --- | --- |

10.

The third issue can be circumscribed as the issue of proportionality. It is difficult to assess whether the provisions of the initiative for a Council Decision are justified by the need to combat terrorism and cross-border crime. The EDPS recalls that the Prüm Convention has been set up as a ‘laboratory’ for cross border exchange of information, in particular DNA analysis files and fingerprints. However, the present initiative is presented before the experiments with the exchange have been effectively put in practice (14).

| 11. | The fourth issue has to do with the use of biometric data. The initiative requires collection, storage and (limited) exchange of DNA analysis files and fingerprints. The use of these biometric data in law enforcement presents specific risks for the data subjects and requires extra safeguards, in order to protect their rights. |
| --- | --- |

11.

The fourth issue has to do with the use of biometric data. The initiative requires collection, storage and (limited) exchange of DNA analysis files and fingerprints. The use of these biometric data in law enforcement presents specific risks for the data subjects and requires extra safeguards, in order to protect their rights.

| 12. | The fifth issue follows from the fact that the Council Decision should build on an appropriate general framework for data protection in the third pillar, which is not yet in place on EU-level. In this opinion, the EDPS will illustrate the importance of such a general framework as a condicio sine qua non for the exchange of personal data by law enforcement authorities based on the present initiative. |
| --- | --- |

12.

The fifth issue follows from the fact that the Council Decision should build on an appropriate general framework for data protection in the third pillar, which is not yet in place on EU-level. In this opinion, the EDPS will illustrate the importance of such a general framework as a condicio sine qua non for the exchange of personal data by law enforcement authorities based on the present initiative.

III   The procedure and the legal basis

| 13. | The Prüm-Treaty is often compared with the 1985 Schengen Agreement and the 1990 Schengen Convention, for obvious reasons. Much the same countries are involved, the subject-matter is similar, and there is a close link with cooperation within the EU (15). However, there is a fundamental difference with Schengen. Presently, there is a European legal framework which enables the European Union to regulate the matters concerned and there were actual plans to make use of it for the (main) matters covered by the Prüm-Treaty. More in particular, at the time of concluding the Prüm Treaty, the Commission was preparing a proposal for a Council Framework Decision. (16) |
| --- | --- |

13.

The Prüm-Treaty is often compared with the 1985 Schengen Agreement and the 1990 Schengen Convention, for obvious reasons. Much the same countries are involved, the subject-matter is similar, and there is a close link with cooperation within the EU (15). However, there is a fundamental difference with Schengen. Presently, there is a European legal framework which enables the European Union to regulate the matters concerned and there were actual plans to make use of it for the (main) matters covered by the Prüm-Treaty. More in particular, at the time of concluding the Prüm Treaty, the Commission was preparing a proposal for a Council Framework Decision. (16)

| 14. | The Member States concerned opted nevertheless for a multilateral treaty enabling them to sidestep the thorny path of third pillar legislation by unanimous agreement. They also evaded the substantive and procedural requirements of enhanced cooperation, included in Articles 40, 40A, 43 and 43A of the EU-Treaty (17). This is all the more important since the procedure on enhanced cooperation was compulsory, if at least eight Member States were participating. However, only seven Member States signed the Prüm-Treaty, but they subsequently encouraged other Member States to join. One could argue that the Prüm Convention breaches the law of the European Union, for the reasons mentioned above. However, this argument is mainly of a theoretical nature, in the framework of the third pillar with limited powers of the Commission to ensure compliance with the law of the European Union by the Member States and limited competences of the European Court of Justice, as well as of other Courts. |
| --- | --- |

14.

The Member States concerned opted nevertheless for a multilateral treaty enabling them to sidestep the thorny path of third pillar legislation by unanimous agreement. They also evaded the substantive and procedural requirements of enhanced cooperation, included in Articles 40, 40A, 43 and 43A of the EU-Treaty (17). This is all the more important since the procedure on enhanced cooperation was compulsory, if at least eight Member States were participating. However, only seven Member States signed the Prüm-Treaty, but they subsequently encouraged other Member States to join. One could argue that the Prüm Convention breaches the law of the European Union, for the reasons mentioned above. However, this argument is mainly of a theoretical nature, in the framework of the third pillar with limited powers of the Commission to ensure compliance with the law of the European Union by the Member States and limited competences of the European Court of Justice, as well as of other Courts.

| 15. | In the present situation, 15 Member States took the initiative aiming to replace the Prüm Treaty by a Council Decision. Although the possibility of a change in substance of the provisions is not formally excluded and can not be formally excluded, it is clearly the goal of the Members States that presented the initiative not to allow any substantial changes. This goal follows from the fact that the seven ‘Prüm-countries’ just implemented the Prüm Treaty in national law (or are in advanced stage of its implementation) and do not wish to change their national provisions again. The goal is illustrated by the way the German Presidency of the Council proceeds. For instance, the time schedule for adoption is very tight and the initiative will not be examined in a Council Working Group, but only in the Article 36-Committee (the Coordinating Committee of senior officials based on Article 36 TEU). |
| --- | --- |

15.

In the present situation, 15 Member States took the initiative aiming to replace the Prüm Treaty by a Council Decision. Although the possibility of a change in substance of the provisions is not formally excluded and can not be formally excluded, it is clearly the goal of the Members States that presented the initiative not to allow any substantial changes. This goal follows from the fact that the seven ‘Prüm-countries’ just implemented the Prüm Treaty in national law (or are in advanced stage of its implementation) and do not wish to change their national provisions again. The goal is illustrated by the way the German Presidency of the Council proceeds. For instance, the time schedule for adoption is very tight and the initiative will not be examined in a Council Working Group, but only in the Article 36-Committee (the Coordinating Committee of senior officials based on Article 36 TEU).

| 16. | As a result, the other Member States are denied a real say in the choice of rules. They can only choose between participating and not participating. Since the third pillar requires unanimity, if one Member State disapproves of the text, the result may be that the other Member States proceed on the basis of the procedure of enhanced cooperation. |
| --- | --- |

16.

As a result, the other Member States are denied a real say in the choice of rules. They can only choose between participating and not participating. Since the third pillar requires unanimity, if one Member State disapproves of the text, the result may be that the other Member States proceed on the basis of the procedure of enhanced cooperation.

| 17. | This background also affects the democratic legitimacy of the initiative, since the opinion of the European Parliament under Article 39 TEU can hardly have any consequence for the choices of rules. Equally, this opinion can have only limited effect. |
| --- | --- |

17.

This background also affects the democratic legitimacy of the initiative, since the opinion of the European Parliament under Article 39 TEU can hardly have any consequence for the choices of rules. Equally, this opinion can have only limited effect.

| 18. | According to the EDPS, it is unfortunate that this procedure has been followed. It denies all need for a democratic and transparent legislative process since it does not even respect the already very limited prerogatives under the third pillar. At this stage, the EDPS recognises the fact that this procedure has been chosen and this opinion will therefore further concentrate mainly on the substance of the initiative. |
| --- | --- |

18.

According to the EDPS, it is unfortunate that this procedure has been followed. It denies all need for a democratic and transparent legislative process since it does not even respect the already very limited prerogatives under the third pillar. At this stage, the EDPS recognises the fact that this procedure has been chosen and this opinion will therefore further concentrate mainly on the substance of the initiative.

| 19. | Finally, the EDPS has noted the fact that the initiative foresees the instrument of a Council Decision and not a Council Framework Decision, although the initiative relates to the purpose of approximation of the laws and regulations of the Member States. This choice of instrument could be related to the possibility of taking implementing measures by qualified majority, in case of Council Decisions under Article 34 (2) (c) TEU. Article 34 of the initiative deals with these implementing measures. |
| --- | --- |

19.

Finally, the EDPS has noted the fact that the initiative foresees the instrument of a Council Decision and not a Council Framework Decision, although the initiative relates to the purpose of approximation of the laws and regulations of the Member States. This choice of instrument could be related to the possibility of taking implementing measures by qualified majority, in case of Council Decisions under Article 34 (2) (c) TEU. Article 34 of the initiative deals with these implementing measures.

| 20. | The EDPS recommends adding a sentence to Article 34 of the initiative for a Council Decision, which reads as follows: ‘The Council shall consult the EDPS before the adoption of such an implementing measure.’ The reason for this amendment is obvious. Implementing measures will most often affect the processing of personal data. Moreover, if the Commission does not take the initiative for such measures, Article 28 (2) of Regulation (EC) No 45/2001 does not apply. |
| --- | --- |

20.

The EDPS recommends adding a sentence to Article 34 of the initiative for a Council Decision, which reads as follows: ‘The Council shall consult the EDPS before the adoption of such an implementing measure.’ The reason for this amendment is obvious. Implementing measures will most often affect the processing of personal data. Moreover, if the Commission does not take the initiative for such measures, Article 28 (2) of Regulation (EC) No 45/2001 does not apply.

| 21. | In this context, it should be noted that the seven Member States that signed the Prüm Treaty also concluded on 5 December 2006 an Implementing agreement containing the necessary provisions for the administrative and technical implementation and application of the Treaty. (18) One can assume that this implementing agreement will be the model for the implementing measures under Article 34 of the initiative for a Council Decision. This opinion will refer to this implementing agreement in so far as this could contribute to a better understanding of the initiative itself. |
| --- | --- |

21.

In this context, it should be noted that the seven Member States that signed the Prüm Treaty also concluded on 5 December 2006 an Implementing agreement containing the necessary provisions for the administrative and technical implementation and application of the Treaty. (18) One can assume that this implementing agreement will be the model for the implementing measures under Article 34 of the initiative for a Council Decision. This opinion will refer to this implementing agreement in so far as this could contribute to a better understanding of the initiative itself.

IV   The initiative and the principle of availability

| 22. | The principle of availability can be seen as an important means for the realisation of an area of freedom, security and justice without internal borders. Free sharing of information between law enforcement authorities is an important step in tackling territorial restrictions in combating crime, as a result of internal borders remaining in place for investigations. |
| --- | --- |

22.

The principle of availability can be seen as an important means for the realisation of an area of freedom, security and justice without internal borders. Free sharing of information between law enforcement authorities is an important step in tackling territorial restrictions in combating crime, as a result of internal borders remaining in place for investigations.

| 23. | According to the Hague Programme, the principle means ‘that, throughout the Union, a law enforcement officer in one Member State who needs information in order to perform his duties can obtain this from another Member State and that the law enforcement agency in the other Member State which holds this information will make it available for the stated purpose, (...)’. The Programme furthermore emphasises that the ‘methods of exchange of information should make full use of new technology and must be adapted to each type of information, where appropriate, through reciprocal access to or interoperability of national databases, or direct (on-line) access’. |
| --- | --- |

23.

According to the Hague Programme, the principle means ‘that, throughout the Union, a law enforcement officer in one Member State who needs information in order to perform his duties can obtain this from another Member State and that the law enforcement agency in the other Member State which holds this information will make it available for the stated purpose, (...)’. The Programme furthermore emphasises that the ‘methods of exchange of information should make full use of new technology and must be adapted to each type of information, where appropriate, through reciprocal access to or interoperability of national databases, or direct (on-line) access’.

| 24. | Against this background, the initiative only takes a small step. Its ambitions are much smaller than those of the Commission Proposal for a Council Framework Decision on the exchange of information under the principle of availability. The initiative can be qualified as a step towards availability, but does not stricto sensu implement the principle of availability. It complements other measures aiming to facilitate the exchange of law enforcement information, such as the Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (19) that must ensure that information and intelligence will be provided to authorities of other Member States, on request. |
| --- | --- |

24.

Against this background, the initiative only takes a small step. Its ambitions are much smaller than those of the Commission Proposal for a Council Framework Decision on the exchange of information under the principle of availability. The initiative can be qualified as a step towards availability, but does not stricto sensu implement the principle of availability. It complements other measures aiming to facilitate the exchange of law enforcement information, such as the Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (19) that must ensure that information and intelligence will be provided to authorities of other Member States, on request.

| 25. | In his opinion on this Commission Proposal, the EDPS advocated that the principle of availability should be implemented by way of a more cautious, gradual approach. In such an approach the types of data exchanged under the principle of availability should be limited and only indirect access, via index data, should be allowed. (20) Such a gradual approach enables stakeholders to monitor the effectiveness of the exchange of information for law enforcement, as well as the consequences for the protection of the personal data of the citizen. |
| --- | --- |

25.

In his opinion on this Commission Proposal, the EDPS advocated that the principle of availability should be implemented by way of a more cautious, gradual approach. In such an approach the types of data exchanged under the principle of availability should be limited and only indirect access, via index data, should be allowed. (20) Such a gradual approach enables stakeholders to monitor the effectiveness of the exchange of information for law enforcement, as well as the consequences for the protection of the personal data of the citizen.

| 26. | These observations remain valid in the present situation. The EDPS welcomes that the present initiative takes this more cautious, gradual approach as a way of implementing the principle of availability. |
| --- | --- |

26.

These observations remain valid in the present situation. The EDPS welcomes that the present initiative takes this more cautious, gradual approach as a way of implementing the principle of availability.

| 27. | The Articles 5 and Article 10 of the initiative can be seen as an illustration of this approach. They deal with the supply of further personal data (and other information) following a match between DNA-profiles, respectively fingerprints. Both cases shall be governed by the national law of the requested Member State, including the legal assistance rules. The legal effect of those two articles is limited. They are a rule of conflict of law (of a declaratory nature; not changing the present situation), but they do not implement the principle of availability. (21) |
| --- | --- |

27.

The Articles 5 and Article 10 of the initiative can be seen as an illustration of this approach. They deal with the supply of further personal data (and other information) following a match between DNA-profiles, respectively fingerprints. Both cases shall be governed by the national law of the requested Member State, including the legal assistance rules. The legal effect of those two articles is limited. They are a rule of conflict of law (of a declaratory nature; not changing the present situation), but they do not implement the principle of availability. (21)

V   Necessity and proportionality

| 28. | An effective exchange of law enforcement information is a key issue in police and judicial cooperation. It is essential to the development of an area of freedom, security and justice without internal borders that information is available across the national borders. An appropriate legal framework is needed to facilitate the exchange. |
| --- | --- |

28.

An effective exchange of law enforcement information is a key issue in police and judicial cooperation. It is essential to the development of an area of freedom, security and justice without internal borders that information is available across the national borders. An appropriate legal framework is needed to facilitate the exchange.

| 29. | It is a different issue to determine whether the provisions of the present initiative are justified by the need to combat terrorism and cross-border crime or, in other words, whether they are necessary and proportionate. |
| --- | --- |

29.

It is a different issue to determine whether the provisions of the present initiative are justified by the need to combat terrorism and cross-border crime or, in other words, whether they are necessary and proportionate.

| 30. | Firstly, on the level of the European Union, a number of measures have been adopted in order to facilitate the exchange of law enforcement information. In some cases, these measures include the establishment of a centralised organisation, like Europol or Eurojust, or a centralised information system, like the Schengen Information System. Other measures deal with the direct exchange between the Member States, like the present initiative. Only recently, Council Framework Decision 2006/960/JHA has been adopted as an instrument aiming to simplify the exchange of law enforcement information. |
| --- | --- |

30.

Firstly, on the level of the European Union, a number of measures have been adopted in order to facilitate the exchange of law enforcement information. In some cases, these measures include the establishment of a centralised organisation, like Europol or Eurojust, or a centralised information system, like the Schengen Information System. Other measures deal with the direct exchange between the Member States, like the present initiative. Only recently, Council Framework Decision 2006/960/JHA has been adopted as an instrument aiming to simplify the exchange of law enforcement information.

| 31. | In general, new legal instruments on police and judicial cooperation should only be adopted after an evaluation of the already existing legislative measures, leading to the conclusion that those existing measures are not sufficient. The recitals of the present initiative do not give evidence of a full evaluation of the existing measures. They mention Council Framework Decision 2006/960/JHA and indicate that full use should be made of new technology and that reciprocal access to national data bases should be facilitated. Precise information should be exchanged swiftly and efficiently. This is all. There is for instance no reference to the information exchange between the Member States via the Schengen Information System, which is an essential instrument for the exchange of information between the Member States. |
| --- | --- |

31.

In general, new legal instruments on police and judicial cooperation should only be adopted after an evaluation of the already existing legislative measures, leading to the conclusion that those existing measures are not sufficient. The recitals of the present initiative do not give evidence of a full evaluation of the existing measures. They mention Council Framework Decision 2006/960/JHA and indicate that full use should be made of new technology and that reciprocal access to national data bases should be facilitated. Precise information should be exchanged swiftly and efficiently. This is all. There is for instance no reference to the information exchange between the Member States via the Schengen Information System, which is an essential instrument for the exchange of information between the Member States.

| 32. | The EDPS regrets the fact that the present initiative is issued without a proper evaluation of the existing measures on the exchange of law enforcement information and calls on the Council to include such an evaluation in the procedure of adoption. |
| --- | --- |

32.

The EDPS regrets the fact that the present initiative is issued without a proper evaluation of the existing measures on the exchange of law enforcement information and calls on the Council to include such an evaluation in the procedure of adoption.

| 33. | Secondly, as said before the Prüm Convention has been set up as a ‘laboratory’ for cross border exchange of information, in particular DNA and fingerprints. It enabled the Member States concerned to experiment with this exchange. At the date of issuing the presented initiative for a Council Decision the experiments have not effectively been put in practice on a wider scale, apart from a first exchange between Germany and Austria (22). |
| --- | --- |

33.

Secondly, as said before the Prüm Convention has been set up as a ‘laboratory’ for cross border exchange of information, in particular DNA and fingerprints. It enabled the Member States concerned to experiment with this exchange. At the date of issuing the presented initiative for a Council Decision the experiments have not effectively been put in practice on a wider scale, apart from a first exchange between Germany and Austria (22).

| 34. | The EDPS is not convinced that the first results of this limited exchange — for a short period and only with two Member States involved, however interesting they may be — can be used as giving sufficient empirical basis for making the system applicable to all the Member States. |
| --- | --- |

34.

The EDPS is not convinced that the first results of this limited exchange — for a short period and only with two Member States involved, however interesting they may be — can be used as giving sufficient empirical basis for making the system applicable to all the Member States.

| 35. | It makes a difference of scale whether one establishes a system of information exchange between a few Member States, that already have experience with DNA-databases, or if one establishes an EU-wide system, including Member States that have no experience at all. Moreover, the small scale allows close contacts between the Member States involved; those contacts could also be used to monitor the risks for the protection of the personal data of the persons concerned. Furthermore, the small scale is much easier to supervise. So, even if the Prüm Convention itself would be necessary and proportionate, this does by itself not mean that the present initiative should be evaluated in the same sense. |
| --- | --- |

35.

It makes a difference of scale whether one establishes a system of information exchange between a few Member States, that already have experience with DNA-databases, or if one establishes an EU-wide system, including Member States that have no experience at all. Moreover, the small scale allows close contacts between the Member States involved; those contacts could also be used to monitor the risks for the protection of the personal data of the persons concerned. Furthermore, the small scale is much easier to supervise. So, even if the Prüm Convention itself would be necessary and proportionate, this does by itself not mean that the present initiative should be evaluated in the same sense.

| 36. | Thirdly, as will be demonstrated further on in this opinion, there are big differences in the national laws of the Member States, relating to the collection and use of biometric data for law enforcement purposes. Also, national practices are not harmonised. In this context, it also should be noted that a harmonised legal framework for data protection in the third pillar has not yet been adopted. |
| --- | --- |

36.

Thirdly, as will be demonstrated further on in this opinion, there are big differences in the national laws of the Member States, relating to the collection and use of biometric data for law enforcement purposes. Also, national practices are not harmonised. In this context, it also should be noted that a harmonised legal framework for data protection in the third pillar has not yet been adopted.

| 37. | The initiative does not harmonise essential elements of the collection and exchange of the different kinds of data included in the initiative. For instance, the initiative is not precise on the purposes of collection and exchange. Do the provisions on DNA profiles apply to all crimes or can a Member State limit their application to more serious crime? The initiative is not clear either on the circle of data subjects affected by the collection and exchange. Do the databases only contain (biometric) material of suspects and/or convicted persons, or also material of other data subjects, such as witnesses or other persons that happened to be in the neighbourhood of a crime? According to the EDPS, a minimum harmonisation of these essential elements would have been preferable, also to ensure compliance with the principles of necessity and proportionality. |
| --- | --- |

37.

The initiative does not harmonise essential elements of the collection and exchange of the different kinds of data included in the initiative. For instance, the initiative is not precise on the purposes of collection and exchange. Do the provisions on DNA profiles apply to all crimes or can a Member State limit their application to more serious crime? The initiative is not clear either on the circle of data subjects affected by the collection and exchange. Do the databases only contain (biometric) material of suspects and/or convicted persons, or also material of other data subjects, such as witnesses or other persons that happened to be in the neighbourhood of a crime? According to the EDPS, a minimum harmonisation of these essential elements would have been preferable, also to ensure compliance with the principles of necessity and proportionality.

| 38. | The EDPS concludes as follows. There are clear indications that the present initiative is likely to be a useful instrument for police cooperation. This indication is even stronger in the light of the first experiences with the Prüm Treaty in Germany and Austria. However, an examination of the necessity and the proportionality of the present initiative is not easily done. The EDPS regrets the fact that the present initiative is taken without a proper impact assessment taking into account the observations made in this part of the opinion. He calls on the Council to include such an assessment in the procedure of adoption and to examine as part of this assessment other — possibly less privacy-intrusive — policy options (23). |
| --- | --- |

38.

The EDPS concludes as follows. There are clear indications that the present initiative is likely to be a useful instrument for police cooperation. This indication is even stronger in the light of the first experiences with the Prüm Treaty in Germany and Austria. However, an examination of the necessity and the proportionality of the present initiative is not easily done. The EDPS regrets the fact that the present initiative is taken without a proper impact assessment taking into account the observations made in this part of the opinion. He calls on the Council to include such an assessment in the procedure of adoption and to examine as part of this assessment other — possibly less privacy-intrusive — policy options (23).

| 39. | The EDPS equally proposes to include an evaluation clause in Chapter 7 of the initiative (‘Implementing and final provisions’). Such an evaluation clause could read as follows: ‘The Commission shall submit to the European Parliament and the Council an evaluation of the application of this Council Decision with a view to determining whether it is necessary to amend the provisions of this Council Decision, no longer than three years after the Council Decision has taken effect’. |
| --- | --- |

39.

The EDPS equally proposes to include an evaluation clause in Chapter 7 of the initiative (‘Implementing and final provisions’). Such an evaluation clause could read as follows: ‘The Commission shall submit to the European Parliament and the Council an evaluation of the application of this Council Decision with a view to determining whether it is necessary to amend the provisions of this Council Decision, no longer than three years after the Council Decision has taken effect’.

| 40. | Such an evaluation clause is a specially useful instrument in the present context where the necessity and the proportionality of the present initiative are not (yet) clearly established and where an EU-wide system for information exchange is introduced, based on limited experiences. |
| --- | --- |

40.

Such an evaluation clause is a specially useful instrument in the present context where the necessity and the proportionality of the present initiative are not (yet) clearly established and where an EU-wide system for information exchange is introduced, based on limited experiences.

VI   Different kinds of data: DNA profiles, fingerprints and vehicle registration data

General observations

| 41. | Chapter 2, on line access and follow up requests, distinguishes three types of data: DNA profiles, fingerprints and vehicle registration data. This distinction leads to two general observations. |
| --- | --- |

41.

Chapter 2, on line access and follow up requests, distinguishes three types of data: DNA profiles, fingerprints and vehicle registration data. This distinction leads to two general observations.

| 42. | In the first place, it has to be noted that all data processed within the framework of the Council Decision, except the data meant in Article 13 (24), are personal data in the sense of Directive 95/46/EC (25) and other instruments of community law. According to Article 2 (a) of the directive ‘personal data’ shall mean any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. 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, that — once adopted — would be applicable to the exchange of information under the present initiative, uses the same definition. The EDPS regrets the fact that the initiative does not give a definition of personal data and suggests, for reasons of legal clarity, including such a definition in Article 24. |
| --- | --- |

42.

In the first place, it has to be noted that all data processed within the framework of the Council Decision, except the data meant in Article 13 (24), are personal data in the sense of Directive 95/46/EC (25) and other instruments of community law. According to Article 2 (a) of the directive ‘personal data’ shall mean any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. 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, that — once adopted — would be applicable to the exchange of information under the present initiative, uses the same definition. The EDPS regrets the fact that the initiative does not give a definition of personal data and suggests, for reasons of legal clarity, including such a definition in Article 24.

| 43. | In any event, under the definition mentioned in the preceding point, it is beyond doubt that also databases containing only DNA profiles and reference data from DNA analysis files and from fingerprint identification systems are wholly or predominantly considered to be collections with personal data. |
| --- | --- |

43.

In any event, under the definition mentioned in the preceding point, it is beyond doubt that also databases containing only DNA profiles and reference data from DNA analysis files and from fingerprint identification systems are wholly or predominantly considered to be collections with personal data.

| 44. | In the second place, the purpose of the data exchange is different for the three types of personal data: DNA profiles, fingerprints and vehicle registration data. As to DNA, Member States shall open and keep national DNA analysis files for the investigation of criminal offences (Article 2 (1)), as to fingerprints they shall ensure the availability of reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offences (Article 8) and in the case of vehicle registration data, the exchange encompasses not only the prevention and investigation of criminal offences, but also certain other — not criminal — offences, as well as the purpose of maintaining public order and security (Article 12 (1). |
| --- | --- |

44.

In the second place, the purpose of the data exchange is different for the three types of personal data: DNA profiles, fingerprints and vehicle registration data. As to DNA, Member States shall open and keep national DNA analysis files for the investigation of criminal offences (Article 2 (1)), as to fingerprints they shall ensure the availability of reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offences (Article 8) and in the case of vehicle registration data, the exchange encompasses not only the prevention and investigation of criminal offences, but also certain other — not criminal — offences, as well as the purpose of maintaining public order and security (Article 12 (1).

| 45. | Equally, the exchange of and access to DNA and fingerprint data is subject to more stringent guarantees than the exchange of and access to vehicle registration data. As to DNA and fingerprint data, the access is initially limited to reference data from which the data subject can not be directly identified. The initiative states the principle of the separation in two different databases between the biometric data on one side and the textual identification data on the other side. The access to the second database is only possible if a ‘hit’ happened in the first one. Such separation between databases does not exist for vehicle registration data, where an automatic and direct access is provided, and no double database is required. |
| --- | --- |

45.

Equally, the exchange of and access to DNA and fingerprint data is subject to more stringent guarantees than the exchange of and access to vehicle registration data. As to DNA and fingerprint data, the access is initially limited to reference data from which the data subject can not be directly identified. The initiative states the principle of the separation in two different databases between the biometric data on one side and the textual identification data on the other side. The access to the second database is only possible if a ‘hit’ happened in the first one. Such separation between databases does not exist for vehicle registration data, where an automatic and direct access is provided, and no double database is required.

| 46. | The EDPS supports this gradation and considers it to be a useful instrument for the protection of the data subject: the more sensitive the data, the more limited the purposes for which they can be used and the more limited the access. In the specific case of DNA, potentially the most sensitive of the personal data covered by the initiative, the data can only be exchanged for reasons of criminal prosecution and not for pre-emptive policing. Moreover, profiles can only be taken from the non-coding part of the DNA. |
| --- | --- |

46.

The EDPS supports this gradation and considers it to be a useful instrument for the protection of the data subject: the more sensitive the data, the more limited the purposes for which they can be used and the more limited the access. In the specific case of DNA, potentially the most sensitive of the personal data covered by the initiative, the data can only be exchanged for reasons of criminal prosecution and not for pre-emptive policing. Moreover, profiles can only be taken from the non-coding part of the DNA.

Specific observations on DNA data

| 47. | As to DNA data, reference can be made to earlier EDPS-opinions (26). It is essential that the concept of DNA data is clearly defined and that a difference is made between DNA profiles and DNA data that can provide information on genetic characteristics and/or the health status of a person. Also progress in science has to be taken into account: what is considered as an innocent DNA profile at a certain moment in time, may at a later stage reveal much more information than expected and needed. |
| --- | --- |

47.

As to DNA data, reference can be made to earlier EDPS-opinions (26). It is essential that the concept of DNA data is clearly defined and that a difference is made between DNA profiles and DNA data that can provide information on genetic characteristics and/or the health status of a person. Also progress in science has to be taken into account: what is considered as an innocent DNA profile at a certain moment in time, may at a later stage reveal much more information than expected and needed.

| 48. | The initiative limits the availability to DNA profiles established from the non-coding part of DNA. However, precise definitions of DNA-profiles, as well as a procedure to establish such common definitions, pursuant to the state of the art in science, are missing in the text of the initiative. The implementing agreement of the Prüm-Treaty (27) defines the non-coding part as follows: chromosome zones containing no genetic expression, i.e. not known to provide information about specific hereditary characteristics. The EDPS suggests including a definition of non-coding part in the initiative itself, as well as providing for a procedure ensuring that indeed — both now and later — no more information can be revealed from the non-coding part. |
| --- | --- |

48.

The initiative limits the availability to DNA profiles established from the non-coding part of DNA. However, precise definitions of DNA-profiles, as well as a procedure to establish such common definitions, pursuant to the state of the art in science, are missing in the text of the initiative. The implementing agreement of the Prüm-Treaty (27) defines the non-coding part as follows: chromosome zones containing no genetic expression, i.e. not known to provide information about specific hereditary characteristics. The EDPS suggests including a definition of non-coding part in the initiative itself, as well as providing for a procedure ensuring that indeed — both now and later — no more information can be revealed from the non-coding part.

| 49. | The initiative relies on the presupposition that matching DNA profiles is the key instrument in police cooperation. For this reason, all Member States have to establish DNA databases for the purposes of criminal justice. Taking into account the costs of these databases and the risks from the perspective of data protection, a thorough ex ante assessment is needed of the effectiveness of this instrument. The limited experience in the exchange of DNA data between Germany and Austria does not suffice. |
| --- | --- |

49.

The initiative relies on the presupposition that matching DNA profiles is the key instrument in police cooperation. For this reason, all Member States have to establish DNA databases for the purposes of criminal justice. Taking into account the costs of these databases and the risks from the perspective of data protection, a thorough ex ante assessment is needed of the effectiveness of this instrument. The limited experience in the exchange of DNA data between Germany and Austria does not suffice.

| 50. | The EDPS notes in this perspective that the initiative obliges all Member States to establish national DNA analysis files. It is important to underline that several Member States already have well established national DNA databases, whilst other Member States have less or no experience in this area. The most developed database in Europe (and in the world) is the DNA database in the United Kingdom. It amounts to more than 3 millions entries, making it the most extensive collection of DNA profiles. The database extends to those persons who have been convicted of offences, as well as to those who have been arrested and to those who have volunteered samples for elimination purposes (28). The situation is different in other countries. For instance, in Germany profiles are only held for those who have been convicted of serious offences. One could even assume that in Germany the collection of DNA for wider purposes would not be compatible with the case law of the Constitutional Court. (29) |
| --- | --- |

50.

The EDPS notes in this perspective that the initiative obliges all Member States to establish national DNA analysis files. It is important to underline that several Member States already have well established national DNA databases, whilst other Member States have less or no experience in this area. The most developed database in Europe (and in the world) is the DNA database in the United Kingdom. It amounts to more than 3 millions entries, making it the most extensive collection of DNA profiles. The database extends to those persons who have been convicted of offences, as well as to those who have been arrested and to those who have volunteered samples for elimination purposes (28). The situation is different in other countries. For instance, in Germany profiles are only held for those who have been convicted of serious offences. One could even assume that in Germany the collection of DNA for wider purposes would not be compatible with the case law of the Constitutional Court. (29)

| 51. | The EDPS regrets the fact that the initiative does not specify the categories of persons that will be included in the DNA databases. Such a specification would not only harmonise the national provisions in this area — which could contribute to the effectiveness of the cross-border cooperation — but could also enhance the proportionality of the collection and exchange of these personal data, provided that the categories of persons would be limited. |
| --- | --- |

51.

The EDPS regrets the fact that the initiative does not specify the categories of persons that will be included in the DNA databases. Such a specification would not only harmonise the national provisions in this area — which could contribute to the effectiveness of the cross-border cooperation — but could also enhance the proportionality of the collection and exchange of these personal data, provided that the categories of persons would be limited.

| 52. | A related issue that is left to the national law of the Member States is the period of retention of data in the DNA analysis files. National law can provide that the profiles which are created in those files are retained for the lifetime of the data subject, whatever is the outcome of a judicial procedure, whereas it could also provide that the profiles are kept, unless the person has not been charged and is therefore not condemned by a court, or that the need for continued storage is reviewed on a regular basis. (30) |
| --- | --- |

52.

A related issue that is left to the national law of the Member States is the period of retention of data in the DNA analysis files. National law can provide that the profiles which are created in those files are retained for the lifetime of the data subject, whatever is the outcome of a judicial procedure, whereas it could also provide that the profiles are kept, unless the person has not been charged and is therefore not condemned by a court, or that the need for continued storage is reviewed on a regular basis. (30)

| 53. | Finally, the EDPS points at Article 7, on the collection of cellular matters and supply of DNA profiles. A similar provision is not foreseen for fingerprints. The provision obliges a Member State, on the request of another Member State and in the context of ongoing investigations or criminal proceedings, to collect and examine cellular material of an individual and subsequently supplying the DNA profile to that other Member State, under conditions. This article is quite far going. It obliges a Member State to actively collect (and examine) biometric material of an individual, provided that such collection and examination would be allowed in the requesting Member State (condition b). |
| --- | --- |

53.

Finally, the EDPS points at Article 7, on the collection of cellular matters and supply of DNA profiles. A similar provision is not foreseen for fingerprints. The provision obliges a Member State, on the request of another Member State and in the context of ongoing investigations or criminal proceedings, to collect and examine cellular material of an individual and subsequently supplying the DNA profile to that other Member State, under conditions. This article is quite far going. It obliges a Member State to actively collect (and examine) biometric material of an individual, provided that such collection and examination would be allowed in the requesting Member State (condition b).

| 54. | The provision is not only far going, but also undetermined. On the one hand there is no limitation to more serious crime and not even to suspects of a crime, on the other hand the requirements of the law of the requested Member State must be fulfilled (condition c) without an indication of what these requirements can be about. According to the EDPS, a further clarification of this article is needed, preferable by specifying the text of the article. In any event, the principle of proportionality requires a more limited interpretation of this article. |
| --- | --- |

54.

The provision is not only far going, but also undetermined. On the one hand there is no limitation to more serious crime and not even to suspects of a crime, on the other hand the requirements of the law of the requested Member State must be fulfilled (condition c) without an indication of what these requirements can be about. According to the EDPS, a further clarification of this article is needed, preferable by specifying the text of the article. In any event, the principle of proportionality requires a more limited interpretation of this article.

VII   The data protection framework

| 55. | This part of the opinion will discuss the following issues, relating to data protection:






  — | The need for a general framework for data protection in the third pillar. |
| --- | --- | --- |

55.

This part of the opinion will discuss the following issues, relating to data protection:

—

The need for a general framework for data protection in the third pillar.

| — | Illustrations why the general framework is needed, despite the provisions of chapter 6 of the initiative. |
| --- | --- |

—

Illustrations why the general framework is needed, despite the provisions of chapter 6 of the initiative.

| — | A short examination of Chapter 6 itself. |
| --- | --- |

—

A short examination of Chapter 6 itself.

| 56. | As a preliminary point, the EDPS notes that Article 1 of the initiative that describes the aim and scope does not contain a reference to Chapter 6, although the Council Decisions contains a chapter on data protection. The EDPS therefore recommends adding such a reference to the text. |
| --- | --- |

56.

As a preliminary point, the EDPS notes that Article 1 of the initiative that describes the aim and scope does not contain a reference to Chapter 6, although the Council Decisions contains a chapter on data protection. The EDPS therefore recommends adding such a reference to the text.

The need for a general framework

| 57. | As stated on several other occasions (31), it is essential to the EDPS that specific legal instruments facilitating the exchange of law enforcement information — like the present initiative for a Council Decision — are not adopted before the adoption by Council of a framework on data protection, guaranteeing an appropriate level of data protection in conformity with the conclusions of the EDPS in his two opinions on the Commission proposal for a Council Framework Decision on data protection in the third pillar. (32) |
| --- | --- |

57.

As stated on several other occasions (31), it is essential to the EDPS that specific legal instruments facilitating the exchange of law enforcement information — like the present initiative for a Council Decision — are not adopted before the adoption by Council of a framework on data protection, guaranteeing an appropriate level of data protection in conformity with the conclusions of the EDPS in his two opinions on the Commission proposal for a Council Framework Decision on data protection in the third pillar. (32)

| 58. | A legal framework for data protection is a condicio sine qua non for the exchange of personal data by law enforcement authorities, as is required by Article 30 (1) (b) of the EU Treaty, and recognised in several EU policy documents. However, in practice legislation facilitating exchange of data is adopted before an adequate level of data protection is guaranteed. This order should be reversed. |
| --- | --- |

58.

A legal framework for data protection is a condicio sine qua non for the exchange of personal data by law enforcement authorities, as is required by Article 30 (1) (b) of the EU Treaty, and recognised in several EU policy documents. However, in practice legislation facilitating exchange of data is adopted before an adequate level of data protection is guaranteed. This order should be reversed.

| 59. | Reversal of the order is also important because the more detailed rules on data protection in the present initiative may conflict with the future common framework decision for data protection in the third pillar which is still under discussion. It is also not efficient to start the implementation of the data protection provisions of this initiative — which includes the adoption of standards for data protection and administrative procedures, as well as the designation of competent authorities — before the adoption of a Framework Decision on data protection that might contain different requirements and would thus require changes of the just adopted national provisions. |
| --- | --- |

59.

Reversal of the order is also important because the more detailed rules on data protection in the present initiative may conflict with the future common framework decision for data protection in the third pillar which is still under discussion. It is also not efficient to start the implementation of the data protection provisions of this initiative — which includes the adoption of standards for data protection and administrative procedures, as well as the designation of competent authorities — before the adoption of a Framework Decision on data protection that might contain different requirements and would thus require changes of the just adopted national provisions.

| 60. | Article 25 (1) of the present initiative now refers to Council of Europe Convention 108, its Additional Protocol of 8 November 2001 and Recommendation No R (87) 15 on the use of personal data in the police sector. Those instruments adopted by the Council of Europe should provide for a minimum level of protection of personal data. However, as the EDPS stated before (33), the Convention by which all the Member States are bound does not provide for the necessary preciseness as has been recognised already at the time of the adoption of Directive 95/46/EC. The Recommendation is by its nature not binding. |
| --- | --- |

60.

Article 25 (1) of the present initiative now refers to Council of Europe Convention 108, its Additional Protocol of 8 November 2001 and Recommendation No R (87) 15 on the use of personal data in the police sector. Those instruments adopted by the Council of Europe should provide for a minimum level of protection of personal data. However, as the EDPS stated before (33), the Convention by which all the Member States are bound does not provide for the necessary preciseness as has been recognised already at the time of the adoption of Directive 95/46/EC. The Recommendation is by its nature not binding.

Illustrations of the need for a general framework, in spite of Chapter 6

| 61. | Firstly, the provisions of Chapter 6 of the initiative are intended to build on a general framework for data protection (see Article 25 of the initiative). The provisions must be seen as a lex specialis applicable to the data supplied pursuant to this Council Decision. Unfortunately, the present general framework of Council of Europe Convention 108 and related documents is unsatisfactory. However, the intention in itself illustrates that an appropriate general framework laid down in a Council Framework Decision is needed. But this is not the only illustration of the need for such a framework. |
| --- | --- |

61.

Firstly, the provisions of Chapter 6 of the initiative are intended to build on a general framework for data protection (see Article 25 of the initiative). The provisions must be seen as a lex specialis applicable to the data supplied pursuant to this Council Decision. Unfortunately, the present general framework of Council of Europe Convention 108 and related documents is unsatisfactory. However, the intention in itself illustrates that an appropriate general framework laid down in a Council Framework Decision is needed. But this is not the only illustration of the need for such a framework.

| 62. | Secondly, the initiative covers only a part of the processing of personal data for law enforcement purposes and of the exchange of such data between the Member States. Chapter 6 of the initiative is by its nature limited to processing related to the exchange of information foreseen by the initiative. All other exchange of other police and judicial information within the scope of the initiative, notably information not related to DNA profiles, fingerprints and vehicle registration data, is thus excluded. Another example of the partial coverage of Chapter 6 of the initiative relates to access for law enforcement purposes to data collected by private companies, since the initiative aims at the exchange of information between agencies responsible for the prevention and investigation of criminal offences (Article 1 of the initiative). |
| --- | --- |

62.

Secondly, the initiative covers only a part of the processing of personal data for law enforcement purposes and of the exchange of such data between the Member States. Chapter 6 of the initiative is by its nature limited to processing related to the exchange of information foreseen by the initiative. All other exchange of other police and judicial information within the scope of the initiative, notably information not related to DNA profiles, fingerprints and vehicle registration data, is thus excluded. Another example of the partial coverage of Chapter 6 of the initiative relates to access for law enforcement purposes to data collected by private companies, since the initiative aims at the exchange of information between agencies responsible for the prevention and investigation of criminal offences (Article 1 of the initiative).

| 63. | Thirdly, as to the field of application of the provisions of Chapter 6, the text of the initiative is ambiguous and therefore lacks legal clarity. According to Article 24 (2) of the initiative, these provisions apply to data that are or have been supplied pursuant to this Council Decision. According to the EDPS, this wording ensures that the direct access to DNA profiles, fingerprints and vehicle registration data is covered, as well as the specific situation under Article 7 of the initiative (34). Furthermore, it is beyond doubt that also the supply of personal data under Article 14 (major events) and Article 16 (to prevent terrorist offences) is covered. |
| --- | --- |

63.

Thirdly, as to the field of application of the provisions of Chapter 6, the text of the initiative is ambiguous and therefore lacks legal clarity. According to Article 24 (2) of the initiative, these provisions apply to data that are or have been supplied pursuant to this Council Decision. According to the EDPS, this wording ensures that the direct access to DNA profiles, fingerprints and vehicle registration data is covered, as well as the specific situation under Article 7 of the initiative (34). Furthermore, it is beyond doubt that also the supply of personal data under Article 14 (major events) and Article 16 (to prevent terrorist offences) is covered.

| 64. | However, it is not clear whether Chapter 6 only applies to personal data that are or have been exchanged between the Member States or that it also applies to the collection and processing of DNA material and fingerprints in a Member State pursuant to Articles 2 and 8 of the initiative. In other words, does Chapter 6 apply to personal data that have been collected under the Council Decision, but not (yet) supplied to authorities in other Member States? It is moreover unclear whether the supply of further personal data following a match between DNA-profiles or fingerprints is covered since on the one hand Recital 11 implies that the supply of further information (through mutual assistance procedures) falls within the scope of the Council Decision, whereas on the other hand the Articles 5 and 10 emphasise that such supply is governed by national law. Finally, it has to be noted that Article 24 (2) contains an exception to the applicability of Chapter 6. The provisions shall apply ‘save as otherwise provided in the preceding Chapters’. According on the EDPS, this proviso is without substantial value — the EDPS did not notice any contradictory provisions in the preceding chapters —, but the proviso might nevertheless enhance the ambiguity of the text as to the applicability of Chapter 6. |
| --- | --- |

64.

However, it is not clear whether Chapter 6 only applies to personal data that are or have been exchanged between the Member States or that it also applies to the collection and processing of DNA material and fingerprints in a Member State pursuant to Articles 2 and 8 of the initiative. In other words, does Chapter 6 apply to personal data that have been collected under the Council Decision, but not (yet) supplied to authorities in other Member States? It is moreover unclear whether the supply of further personal data following a match between DNA-profiles or fingerprints is covered since on the one hand Recital 11 implies that the supply of further information (through mutual assistance procedures) falls within the scope of the Council Decision, whereas on the other hand the Articles 5 and 10 emphasise that such supply is governed by national law. Finally, it has to be noted that Article 24 (2) contains an exception to the applicability of Chapter 6. The provisions shall apply ‘save as otherwise provided in the preceding Chapters’. According on the EDPS, this proviso is without substantial value — the EDPS did not notice any contradictory provisions in the preceding chapters —, but the proviso might nevertheless enhance the ambiguity of the text as to the applicability of Chapter 6.

| 65. | The EDPS recommends that Article 24 (2) specifies that Chapter 6 applies to the collection and processing of DNA material and fingerprints in a Member State and that also the supply of further personal data within the scope of this decision is covered. Moreover, the proviso ‘save as otherwise provided in the preceding Chapters’ should be deleted. Those clarifications would ensure that the provisions of Chapter 6 have substantial consequences. |
| --- | --- |

65.

The EDPS recommends that Article 24 (2) specifies that Chapter 6 applies to the collection and processing of DNA material and fingerprints in a Member State and that also the supply of further personal data within the scope of this decision is covered. Moreover, the proviso ‘save as otherwise provided in the preceding Chapters’ should be deleted. Those clarifications would ensure that the provisions of Chapter 6 have substantial consequences.

| 66. | Fourthly, the nature of the provisions on data protection in Chapter 6 themselves, as far as they build on the traditional notion of mutual legal assistance in criminal matters, are an illustration of the need for a general framework. Information sharing presupposes a minimum-harmonisation of basic rules on data protection or at least the mutual recognition of national law, so as to avoid that the effectiveness of cooperation is harmed by differences between the laws of the Member States. |
| --- | --- |

66.

Fourthly, the nature of the provisions on data protection in Chapter 6 themselves, as far as they build on the traditional notion of mutual legal assistance in criminal matters, are an illustration of the need for a general framework. Information sharing presupposes a minimum-harmonisation of basic rules on data protection or at least the mutual recognition of national law, so as to avoid that the effectiveness of cooperation is harmed by differences between the laws of the Member States.

| 67. | Although the initiative provides for harmonisation on some important matters of data protection law, on other important matters, the provisions on data protection in Chapter 6 do not harmonise national law nor do they prescribe mutual recognition. Instead, they build on the simultaneous applicability of two (or more) legal systems: supply of data is quite often only allowed if the laws of both the supplying Member State and the receiving Member State are observed. In other words, on those matters the initiative does not contribute to an area of freedom, security and justice without internal borders, but they give substance to the traditional system of mutual legal assistance in criminal matters, based on national sovereignty. (35) |
| --- | --- |

67.

Although the initiative provides for harmonisation on some important matters of data protection law, on other important matters, the provisions on data protection in Chapter 6 do not harmonise national law nor do they prescribe mutual recognition. Instead, they build on the simultaneous applicability of two (or more) legal systems: supply of data is quite often only allowed if the laws of both the supplying Member State and the receiving Member State are observed. In other words, on those matters the initiative does not contribute to an area of freedom, security and justice without internal borders, but they give substance to the traditional system of mutual legal assistance in criminal matters, based on national sovereignty. (35)

| 68. | According to the EDPS, this nature of Chapter 6 does not facilitate the exchange of personal data but enhances the complexity, taking into account that the initiative aims to make the system of the Prüm Treaty applicable to all 27 Member States and since a general common framework for data protection has not been adopted. For example, Article 26 (1) allows processing for other purposes only if this is permitted under the national law of both the supplying and the receiving Member State. Another example is Article 28 (3) that states that personal data that should not have been supplied (or received) shall be deleted. But how does the receiving Member State know that these data had not been lawfully supplied under the law of the supplying Member State? This could lead to difficult questions when these issues arise in cases before national courts. |
| --- | --- |

68.

According to the EDPS, this nature of Chapter 6 does not facilitate the exchange of personal data but enhances the complexity, taking into account that the initiative aims to make the system of the Prüm Treaty applicable to all 27 Member States and since a general common framework for data protection has not been adopted. For example, Article 26 (1) allows processing for other purposes only if this is permitted under the national law of both the supplying and the receiving Member State. Another example is Article 28 (3) that states that personal data that should not have been supplied (or received) shall be deleted. But how does the receiving Member State know that these data had not been lawfully supplied under the law of the supplying Member State? This could lead to difficult questions when these issues arise in cases before national courts.

| 69. | Fifthly, this common framework for data protection is all the more important since there are big differences between the laws of the Member States, both in substantive criminal law as in law on judicial procedure in criminal matters. Apart from the consequences for the cooperation between the authorities of the Member States, these differences also directly affect the data subjects in cases where data concerning them are exchanged between authorities in two or more Member States. For instance, their effective means of redress before a court may not be the same in all Member States. |
| --- | --- |

69.

Fifthly, this common framework for data protection is all the more important since there are big differences between the laws of the Member States, both in substantive criminal law as in law on judicial procedure in criminal matters. Apart from the consequences for the cooperation between the authorities of the Member States, these differences also directly affect the data subjects in cases where data concerning them are exchanged between authorities in two or more Member States. For instance, their effective means of redress before a court may not be the same in all Member States.

| 70. | To conclude, the proposal harmonizes some elements of the exchange of data between competent authorities and includes for this reason a chapter on data protection, but it is far from harmonizing all data protection guarantees. The provisions are neither comprehensive (like a general framework, lex generalis, should be) nor complete (since important elements are missing, as will be demonstrated in point 75). |
| --- | --- |

70.

To conclude, the proposal harmonizes some elements of the exchange of data between competent authorities and includes for this reason a chapter on data protection, but it is far from harmonizing all data protection guarantees. The provisions are neither comprehensive (like a general framework, lex generalis, should be) nor complete (since important elements are missing, as will be demonstrated in point 75).

| 71. | It is obvious that outside the scope of the initiative, a general common framework for data protection is needed. The citizen is entitled to rely on a minimum harmonised level of data protection, no matter where in the European Union data concerning him are being processed for law enforcement purposes. |
| --- | --- |

71.

It is obvious that outside the scope of the initiative, a general common framework for data protection is needed. The citizen is entitled to rely on a minimum harmonised level of data protection, no matter where in the European Union data concerning him are being processed for law enforcement purposes.

| 72. | But also within the scope of the initiative, such a common framework is needed. The initiative deals inter alia with collection, processing and exchange of potentially sensitive biometric data like DNA material. Moreover, the circle of data subjects that can be included in this system is not limited to data of persons suspected (or convicted) of specific crimes. Under those circumstances, one should even more rely on a clear and adequate system of data protection. |
| --- | --- |

72.

But also within the scope of the initiative, such a common framework is needed. The initiative deals inter alia with collection, processing and exchange of potentially sensitive biometric data like DNA material. Moreover, the circle of data subjects that can be included in this system is not limited to data of persons suspected (or convicted) of specific crimes. Under those circumstances, one should even more rely on a clear and adequate system of data protection.

| 73. | In this context, it has to be repeated that the scope of the initiative and of its Chapter 6 is not clearly defined. This makes it important for reasons of legal security that personal data are well protected, irrespective of the question whether or not and in what situations they fall within the scope. For the same reasons, consistency between the applicable rules within and outside the scope of the initiative should be guaranteed. |
| --- | --- |

73.

In this context, it has to be repeated that the scope of the initiative and of its Chapter 6 is not clearly defined. This makes it important for reasons of legal security that personal data are well protected, irrespective of the question whether or not and in what situations they fall within the scope. For the same reasons, consistency between the applicable rules within and outside the scope of the initiative should be guaranteed.

The provisions of Chapter 6

| 74. | The provisions on data protection in Chapter 6 of the present initiative apply to data which are or have been supplied pursuant to the decision. They deal with a number of important issues and have been carefully drafted, as specific provisions on top of a general framework for data protection. The EDPS concludes that in general terms the provisions offer in substance an appropriate protection. |
| --- | --- |

74.

The provisions on data protection in Chapter 6 of the present initiative apply to data which are or have been supplied pursuant to the decision. They deal with a number of important issues and have been carefully drafted, as specific provisions on top of a general framework for data protection. The EDPS concludes that in general terms the provisions offer in substance an appropriate protection.

| 75. | However, in addition to what has been said before on the nature of the provisions of Chapter 6, the EDPS has identified some other shortcomings in the provisions of Chapter 6 (36):






  — | Article 30 on logging is only applicable to the exchange of personal data, not to the access to those data for law enforcement purposes. It would have been better to draft the article in such a way that it ensures that all activities in respect of those data must be logged. |
| --- | --- | --- |

75.

However, in addition to what has been said before on the nature of the provisions of Chapter 6, the EDPS has identified some other shortcomings in the provisions of Chapter 6 (36):

—

Article 30 on logging is only applicable to the exchange of personal data, not to the access to those data for law enforcement purposes. It would have been better to draft the article in such a way that it ensures that all activities in respect of those data must be logged.

| — | Article 31 limits the right to information of the data subject to a right to be informed upon request. This requirement is contrary to an essential element of data protection, namely that the data controller provides a data subject from whom data relating to himself are collected with some basic information on this collection, without being requested to do so by that data subject (37). Indeed, the data subject will in many cases not know about the collection of his data. Of course the exercise of the right to information may be subject to exceptions, conditions or limitations, for instance to protect the interest of an ongoing criminal investigation, but that may not result in the right itself being deprived of its substantive content, by requiring as a general rule a request from the data subject. (38) |
| --- | --- |

—

Article 31 limits the right to information of the data subject to a right to be informed upon request. This requirement is contrary to an essential element of data protection, namely that the data controller provides a data subject from whom data relating to himself are collected with some basic information on this collection, without being requested to do so by that data subject (37). Indeed, the data subject will in many cases not know about the collection of his data. Of course the exercise of the right to information may be subject to exceptions, conditions or limitations, for instance to protect the interest of an ongoing criminal investigation, but that may not result in the right itself being deprived of its substantive content, by requiring as a general rule a request from the data subject. (38)

| — | Chapter 6 does not foresee a separation of data relating to different categories of people (victims, suspects, other people whose data are included in a data base). Such a separation of categories of people according to their degree of involvement in a crime was included in the Commission proposal for a Council Framework Decision on data protection in the third pillar and is even more important in the context of the present initiative, since this allows the processing of — in some cases sensitive — personal data of persons who are not directly involved in a crime. |
| --- | --- |

—

Chapter 6 does not foresee a separation of data relating to different categories of people (victims, suspects, other people whose data are included in a data base). Such a separation of categories of people according to their degree of involvement in a crime was included in the Commission proposal for a Council Framework Decision on data protection in the third pillar and is even more important in the context of the present initiative, since this allows the processing of — in some cases sensitive — personal data of persons who are not directly involved in a crime.

| — | One comment has already been made: a definition of personal data is missing (39). |
| --- | --- |

—

One comment has already been made: a definition of personal data is missing (39).

| 76. | The EDPS recommends the Council to deal with these shortcomings, either by amending the text of the initiative and/or by including these elements in a Council Framework Decision on data protection in the third pillar. In the view of the EDPS, the first option does not necessarily lead to a modification of the system of information exchange itself and does not contradict the intention of the 15 Member States that took the initiative not to change the essential parts of the Prüm Treaty. |
| --- | --- |

76.

The EDPS recommends the Council to deal with these shortcomings, either by amending the text of the initiative and/or by including these elements in a Council Framework Decision on data protection in the third pillar. In the view of the EDPS, the first option does not necessarily lead to a modification of the system of information exchange itself and does not contradict the intention of the 15 Member States that took the initiative not to change the essential parts of the Prüm Treaty.

VIII   Conclusions

| 77. | This opinion takes into account the unique nature of the initiative, more specifically the fact that major amendments in the substance of the provisions are not foreseen. The amendments the EDPS proposes mainly serve to improve the text without modifying the system of information exchange itself. |
| --- | --- |

77.

This opinion takes into account the unique nature of the initiative, more specifically the fact that major amendments in the substance of the provisions are not foreseen. The amendments the EDPS proposes mainly serve to improve the text without modifying the system of information exchange itself.

| 78. | The EDPS welcomes that the present initiative takes a more cautious, gradual approach as a way of implementing the principle of availability. However, he regrets that the initiative does not harmonise essential elements of the collection and exchange of the different kinds of data, also to ensure compliance with the principles of necessity and proportionality. |
| --- | --- |

78.

The EDPS welcomes that the present initiative takes a more cautious, gradual approach as a way of implementing the principle of availability. However, he regrets that the initiative does not harmonise essential elements of the collection and exchange of the different kinds of data, also to ensure compliance with the principles of necessity and proportionality.

| 79. | The EDPS regrets the fact that the present initiative is taken without a proper impact assessment and calls on the Council to include such an assessment in the procedure of adoption and to examine as part of this assessment other — possibly less privacy-intrusive — policy options. |
| --- | --- |

79.

The EDPS regrets the fact that the present initiative is taken without a proper impact assessment and calls on the Council to include such an assessment in the procedure of adoption and to examine as part of this assessment other — possibly less privacy-intrusive — policy options.

| 80. | The EDPS supports the approach of the initiative relating to the different kinds of personal data: the more sensitive the data, the more limited the purposes for which they can be used and the more limited the access. |
| --- | --- |

80.

The EDPS supports the approach of the initiative relating to the different kinds of personal data: the more sensitive the data, the more limited the purposes for which they can be used and the more limited the access.

| 81. | The EDPS regrets the fact that the initiative does not specify the categories of persons that will be included in the DNA data bases and that it does not limit the retention period. |
| --- | --- |

81.

The EDPS regrets the fact that the initiative does not specify the categories of persons that will be included in the DNA data bases and that it does not limit the retention period.

| 82. | The Council Decision should not be adopted by Council before the adoption of a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, offering an appropriate level of protection. |
| --- | --- |

82.

The Council Decision should not be adopted by Council before the adoption of a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, offering an appropriate level of protection.

| 83. | The provisions on data protection in Chapter 6 of the initiative do not facilitate the exchange of personal data but enhance the complexity of this exchange, as far as they build on the traditional notion of mutual legal assistance in criminal matters. |
| --- | --- |

83.

The provisions on data protection in Chapter 6 of the initiative do not facilitate the exchange of personal data but enhance the complexity of this exchange, as far as they build on the traditional notion of mutual legal assistance in criminal matters.

| 84. | The EDPS recommends the following amendments of the text of the initiative:






  — | including in Article 1 a reference to Chapter 6 on data protection. |
| --- | --- | --- |

84.

The EDPS recommends the following amendments of the text of the initiative:

—

including in Article 1 a reference to Chapter 6 on data protection.

| — | including a definition of non-coding part of DNA, as well as providing for a procedure ensuring that — both now and later — no more information can be revealed from the non-coding part. |
| --- | --- |

—

including a definition of non-coding part of DNA, as well as providing for a procedure ensuring that — both now and later — no more information can be revealed from the non-coding part.

| — | specifying the text of article 7, taking into account that the principle of proportionality requires a more limited interpretation of this article. |
| --- | --- |

—

specifying the text of article 7, taking into account that the principle of proportionality requires a more limited interpretation of this article.

| — | including a definition of personal data in Article 24. |
| --- | --- |

—

including a definition of personal data in Article 24.

| — | specifying in Article 24 (2) that Chapter 6 applies to the collection and processing of DNA material and fingerprints in a Member State and that also the supply of further personal data within the scope of this decision is covered. |
| --- | --- |

—

specifying in Article 24 (2) that Chapter 6 applies to the collection and processing of DNA material and fingerprints in a Member State and that also the supply of further personal data within the scope of this decision is covered.

| — | deleting in Article 24 (2) the proviso ‘save as otherwise provided in the preceding Chapters’. |
| --- | --- |

—

deleting in Article 24 (2) the proviso ‘save as otherwise provided in the preceding Chapters’.

| — | modifying Article 30 on logging in a way that it ensures that all activities in respect of those data must be logged. |
| --- | --- |

—

modifying Article 30 on logging in a way that it ensures that all activities in respect of those data must be logged.

| — | modifying Article 31 so as to guarantee the right to information of the data subject, without requiring a request. |
| --- | --- |

—

modifying Article 31 so as to guarantee the right to information of the data subject, without requiring a request.

| — | including in Chapter 6 a separation of data relating to different categories of people (victims, suspects, other people whose data are included in a data base). |
| --- | --- |

—

including in Chapter 6 a separation of data relating to different categories of people (victims, suspects, other people whose data are included in a data base).

| — | adding a sentence to Article 34 of the initiative for a Council Decision, which reads as follows: ‘The Council shall consult the EDPS before the adoption of such an implementing measure.’. |
| --- | --- |

—

adding a sentence to Article 34 of the initiative for a Council Decision, which reads as follows: ‘The Council shall consult the EDPS before the adoption of such an implementing measure.’.

| — | including an evaluation clause in Chapter 7of the initiative. |
| --- | --- |

—

including an evaluation clause in Chapter 7of the initiative.

| 85. | More in general, the EDPS recommends the Council to deal with the shortcomings of the initiative, either by amending the text of the initiative and/or by including these elements in a Council Framework Decision on data protection in the third pillar. In the view of the EDPS, the first option (relating to the elements mentioned in the preceding point) does not necessarily lead to a modification of the system of information exchange itself and does not contradict the intention of the 15 Member States that took the initiative not to change the essential parts of the Prüm Treaty. |
| --- | --- |

85.

More in general, the EDPS recommends the Council to deal with the shortcomings of the initiative, either by amending the text of the initiative and/or by including these elements in a Council Framework Decision on data protection in the third pillar. In the view of the EDPS, the first option (relating to the elements mentioned in the preceding point) does not necessarily lead to a modification of the system of information exchange itself and does not contradict the intention of the 15 Member States that took the initiative not to change the essential parts of the Prüm Treaty.

| 86. | Finally, the present opinion should be mentioned in the preamble of the Council Decision. |
| --- | --- |

86.

Finally, the present opinion should be mentioned in the preamble of the Council Decision.

Done in Brussels, 4 April 2007.

Peter HUSTINX

European Data Protection Supervisor

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

1

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

2

(3)  The Member States are mentioned in the title of this opinion. The initiative was published on 28 March 2007 in OJ C 71, p. 35.

3

(4)  The Commission is under Article 28 (2) of Regulation (EC) No 45/2001 obliged to consult the EDPS when it adopts a legislative proposal relating to the protection of individuals' rights and freedoms with regard to the processing of personal data. In case of an initiative of one or more Member States this obligation does not apply; consultation of the EDPS by these Member States is optional.

4

(5)  In accordance with the practice of the Commission in other (recent) cases. See, most recently, the Opinion of the EDPS of 12 December 2006 on proposals for amending the Financial Regulation applicable to the general budget of the European Communities and its Implementing Rules (COM(2006) 213 final and SEC(2006) 866 final), published on www.edps.europa.eu.

5

(6)  Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross border crime and illegal immigration.

6

(7)  See point 15 below.

7

(8)  The Hague Programme for strengthening freedom, security and justice in the European Union, approved by the European Council on 5 November 2004.

8

(9)  COM (2005) 490 final. EDPS opinion is published in OJ [2006], C 116, p. 8.

9

(10)  This opinion will use the more common term ‘fingerprints’ instead of ‘dactyloscopic data’, the term used in the initiative.

10

(11)  See recital 17 of the initiative.

11

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

12

(13)  See further Par. VII of this opinion.

13

(14)  Apart from a first experience with exchange of information between Germany and Austria, mentioned under point 33.

14

(15)  In the times of Schengen, the cooperation within the European Economic Community. The Prüm-Treaty is often referred to as Schengen III.

15

(16)  The proposal (mentioned in point 3) was adopted by the Commission after the Prüm Treaty was adopted.

16

(17)  These articles inter alia require involvement of the Commission and the European Parliament and must guarantee that enhanced cooperation is only used as a last resort.

17

inter alia

(18)  This agreement can be found in Council document 5437/07 of 22 January 2007.

18

See: http://www.statewatch.org/news/2007/jan/prum-implementing-agreement.pdf

(19)  OJ L 386, p. 89. This Framework Decision is adopted on Swedish initiative.

19

(20)  Opinion of the EDPS of 28 February 2006OJ C 116, 17.5.2006, p. 8, point 69.

20

(21)  The EDPS welcomes the gradual approach in general (point 26). However, as will be shown in point 37, in this specific case a minimum harmonisation of essential elements of collection and exchange of different kinds of data would be preferable.

21

(22)  The results of the automated comparison of DNA profiles in the German and Austrian DNA databases have been presented to the Informal Meeting of JHA Ministers in Dresden (14-16 January 2007) and are published on the website of the German Presidency (www.bmi.bund.de). They roughly cover November and December 2006. The results of this first exchange mention an impressive number of more than 2000 hits in two months, in some cases clearly related to serious crime.

22

(23)  A ‘privacy impact assessment’.

23

(24)  And perhaps also the unidentified DNA-profiles mentioned in Article 2 (2) of the initiative.

24

(25)  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, OJ L 281, p. 31.

25

(26)  See for instance the EDPS-Opinion on the principle of availability cited in footnote 9, points 59-60.

26

(27)  See footnote 18.

27

(28)  See the evidence submitted by the UK Information Commissioner to the House of Lords Select Committee on the European Union Sub Committee F (Home Affairs) Inquiry into the Prüm Convention (pt. 10 of the Evidence). With elimination purposes is meant the elimination of persons from groups of suspects of crimes.

28

(29)  See, for instance, Judgment of 14 December 2000, BvR 1741/99, in which the use of DNA samples for less serious offences was not considered to be compatible with the principle of proportionality.

29

(30)  See, on this alternative, Article 20 (1) of the proposal for a Council Decision establishing the European Police Office (EUROPOL), (COM(2006) 817 final) and the EDPS Opinion of 16 February 2007 (point 26).

30

(31)  See most recently, the EDPS-Opinion of 16 February 2007 on the proposal for a Council Decision establishing the European Police Office (EUROPOL).

31

(32)  Opinions of the EDPS of 19 December 2005 (OJ [2006] C 47, p. 27) and of 29 November 2006, published on the EDPS-website.

32

(33)  See, for instance, the (first) opinion on the Commission proposal for a Council Framework Decision on data protection in the third pillar, point 4.

33

(34)  See point 53 of this opinion.

34

(35)  See also Recital 11 of the initiative that stipulates that Member States ‘request further information through mutual assistance procedures’.

35

(36)  This point does not contain a limitative list of shortcomings; it only mentions most important ones from the perspective of data protection.

36

(37)  See for instance Article 10 of Directive 95/46/EC (reference in footnote 25).

37

(38)  The EDPS notes that Article 31 refers to Directive 95/46/EC, whereas in a third pillar instrument a reference to a legal instrument applicable in this area would have been more logical, in casu the Protocol to Council of Europe Convention 108.

38

(39)  See point 42 above.

39

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 21.7.2007 | EN | Official Journal of the European Union | C 169/15 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/15

---

Non-opposition to a notified concentration

(Case COMP/M.4646 — AXA/Banca Monte dei Paschi di Siena/JV)

(Text with EEA relevance)

(2007/C 169/03)

On 16 July 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 32007M4646. 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 32007M4646. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

| 21.7.2007 | EN | Official Journal of the European Union | C 169/15 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/15

---

Non-opposition to a notified concentration

(Case COMP/M.4728 — Red & Black/Valentino Fashion Group)

(Text with EEA relevance)

(2007/C 169/04)

On 17 July 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 32007M4728. 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 32007M4728. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

European Parliament

| 21.7.2007 | EN | Official Journal of the European Union | C 169/16 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/16

---

DECISION

(2007/C 169/05)

THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

having regard to the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities, laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68, as last amended by Council Regulation (EC, Euratom) No 723/2004, and in particular to Article 30 of the Staff Regulations,

having regard to the Bureau decision on determining the Appointing Authority, as last amended on 26 October 2004,

having regard to Notice of Open Competition EUR/A/151,

having regard to the opinion of the Joint Committee issued at its meeting of 27 June 2007,

HAS DECIDED

Sole Article

The period of validity of the reserve list for Open Competition EUR/A/151 shall be extended until 31 August 2007.

Luxembourg, 9 July 2007.

The Secretary-General

Harald RØMER

---

Commission

| 21.7.2007 | EN | Official Journal of the European Union | C 169/17 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/17

---

Euro exchange rates (1)

20 July 2007

(2007/C 169/06)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3803 |
| JPY | Japanese yen | 168,46 |
| DKK | Danish krone | 7,4409 |
| GBP | Pound sterling | 0,6722 |
| SEK | Swedish krona | 9,1677 |
| CHF | Swiss franc | 1,662 |
| ISK | Iceland króna | 82,1 |
| NOK | Norwegian krone | 7,902 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5842 |
| CZK | Czech koruna | 28,253 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,63 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6978 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7568 |
| RON | Romanian leu | 3,1365 |
| SKK | Slovak koruna | 33,136 |
| TRY | Turkish lira | 1,752 |
| AUD | Australian dollar | 1,5676 |
| CAD | Canadian dollar | 1,4405 |
| HKD | Hong Kong dollar | 10,7946 |
| NZD | New Zealand dollar | 1,7339 |
| SGD | Singapore dollar | 2,0856 |
| KRW | South Korean won | 1 262,97 |
| ZAR | South African rand | 9,51 |
| CNY | Chinese yuan renminbi | 10,4544 |
| HRK | Croatian kuna | 7,289 |
| IDR | Indonesian rupiah | 12 502,07 |
| MYR | Malaysian ringgit | 4,7068 |
| PHP | Philippine peso | 61,837 |
| RUB | Russian rouble | 35,081 |
| THB | Thai baht | 41,057 |

Currency

Exchange rate

USD

US dollar

1,3803

JPY

Japanese yen

168,46

DKK

Danish krone

7,4409

GBP

Pound sterling

0,6722

SEK

Swedish krona

9,1677

CHF

Swiss franc

1,662

ISK

Iceland króna

82,1

NOK

Norwegian krone

7,902

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5842

CZK

Czech koruna

28,253

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,63

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6978

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7568

RON

Romanian leu

3,1365

SKK

Slovak koruna

33,136

TRY

Turkish lira

1,752

AUD

Australian dollar

1,5676

CAD

Canadian dollar

1,4405

HKD

Hong Kong dollar

10,7946

NZD

New Zealand dollar

1,7339

SGD

Singapore dollar

2,0856

KRW

South Korean won

1 262,97

ZAR

South African rand

9,51

CNY

Chinese yuan renminbi

10,4544

HRK

Croatian kuna

7,289

IDR

Indonesian rupiah

12 502,07

MYR

Malaysian ringgit

4,7068

PHP

Philippine peso

61,837

RUB

Russian rouble

35,081

THB

Thai baht

41,057

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 21.7.2007 | EN | Official Journal of the European Union | C 169/18 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/18

---

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

(Text with EEA relevance)

(2007/C 169/07)

| Aid No | XR 19/07 |
| --- | --- |
| Member State | Germany |
| Region | Nordrhein-Westfalen |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Regionales Wirtschaftsförderungsprogramm NRW (RWP.NRW) Richtlinie für die Gewährung von Finanzierungshilfen zur Förderung der gewerblichen Wirtschaft einschließlich des Tourismusgewerbes vom 15.12.2006 |
| Legal basis | 1. | 36. Rahmenplan der Bund/Länder-Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ |

Aid No

XR 19/07

Member State

Germany

Region

Nordrhein-Westfalen

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

Regionales Wirtschaftsförderungsprogramm NRW (RWP.NRW) Richtlinie für die Gewährung von Finanzierungshilfen zur Förderung der gewerblichen Wirtschaft einschließlich des Tourismusgewerbes vom 15.12.2006

Legal basis

1.

36. Rahmenplan der Bund/Länder-Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“

| 2. | Landeshaushaltsordnung NRW |
| --- | --- |

2.

Landeshaushaltsordnung NRW

Type of measure

Aid scheme

Annual budget

EUR 24 million

Maximum aid intensity

15 %

In conformity with Article 4 of the Regulation

Date of implementation

1.1.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

| NRW.BANK |
| --- |
| Johanniterstraße 3 |
| D-48145 Münster |
| Tel. (49-251) 91741-0 |
| info-westfalen@nrwbank.de |

NRW.BANK

Johanniterstraße 3

D-48145 Münster

Tel. (49-251) 91741-0

info-westfalen@nrwbank.de

Internet address of the publication of the aid scheme

http://www.wirtschaft.nrw.de/400/200/200/RWP_Endfassung.pdf

http://www.nrwbank.de/pdf/dt/RWP/12_06_RWP_Richtlinien_mit_Anlagen.pdf

Other information

—

| Aid No | XR 22/07 |
| --- | --- |
| Member State | United Kingdom |
| Region | England, Wales |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Regional Investment Aid for Speculative and Bespoke developments |
| Legal basis | England: Sections 126-128 of the Housing Grants, Construction and Regeneration Act 1996; the Regional Development Agencies Act 1998; the Greater London Authority Act 1999; the Leasehold Reform, Housing and Urban Development Act 1993; the Local Government, Planning and Land Act 1980; the Local Government Acts
  Wales: Sections 126-128 of the Housing Grants, Construction and Regeneration Act 1996, the functions concerning being exercisable by the National Assembly for Wels by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999; the Local Government Acts |
| Type of measure | Aid scheme |
| Annual budget | GBP 70 million |
| Maximum aid intensity | 30 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 1.1.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | | The Secretary of State |

Aid No

XR 22/07

Member State

United Kingdom

Region

England, Wales

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

Regional Investment Aid for Speculative and Bespoke developments

Legal basis

England: Sections 126-128 of the Housing Grants, Construction and Regeneration Act 1996; the Regional Development Agencies Act 1998; the Greater London Authority Act 1999; the Leasehold Reform, Housing and Urban Development Act 1993; the Local Government, Planning and Land Act 1980; the Local Government Acts

Wales: Sections 126-128 of the Housing Grants, Construction and Regeneration Act 1996, the functions concerning being exercisable by the National Assembly for Wels by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999; the Local Government Acts

Type of measure

Aid scheme

Annual budget

GBP 70 million

Maximum aid intensity

30 %

In conformity with Article 4 of the Regulation

Date of implementation

1.1.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

The Secretary of State

| | Regional Development Agencies |
| --- | --- |

Regional Development Agencies

| | Government Offices |
| --- | --- |

Government Offices

| | The Urban Regeneration Agency |
| --- | --- |

The Urban Regeneration Agency

| | The Urban Development Cooperations |
| --- | --- |

The Urban Development Cooperations

| | Local Authorities in England and Wales |
| --- | --- |

Local Authorities in England and Wales

| | dti.enquires@dti.gsi.gov.uk |
| --- | --- |

dti.enquires@dti.gsi.gov.uk

Internet address of the publication of the aid scheme

http://www.erdf.communities.gov.uk/Repository/WordDocuments/RegInvest2912

Other information

—

| Aid No | XR 32/07 |
| --- | --- |
| Member State | Czech Republic |
| Region | 87(3)(a), 87(3)(c) |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Investment incentives |
| Legal basis | Act No. 72/2000 Coll., on Investment Incentives, as amended
  Act No. 586/1992 Coll., on Income Taxes, as amended
  Government Decree No. 310/2004, on the permissible level of state aid
  Act No. 435/2004 Coll., on Employment, as amended
  Government Decree No. 515/2004 Coll., on financial support for job creation and financial support for retraining or training within the framework of investment incentives, as amended |
| Type of measure | Aid scheme |
| Annual budget | CZK 2,68 million |
| Maximum aid intensity | 40 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 1.1.2007 |
| Duration | 31.12.2008 |
| Economic sectors | Limited to specific sectors: |
| D |
| Name and address of the granting authority | Ministerstvo průmyslu a obchodu |
| Na Františku 32 |
| CZ-110 15 Praha 1 |
| Tel. (420) 224 853 319 |
| kavka@mpo.cz |

Aid No

XR 32/07

Member State

Czech Republic

Region

87(3)(a), 87(3)(c)

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

Investment incentives

Legal basis

Act No. 72/2000 Coll., on Investment Incentives, as amended

Act No. 586/1992 Coll., on Income Taxes, as amended

Government Decree No. 310/2004, on the permissible level of state aid

Act No. 435/2004 Coll., on Employment, as amended

Government Decree No. 515/2004 Coll., on financial support for job creation and financial support for retraining or training within the framework of investment incentives, as amended

Type of measure

Aid scheme

Annual budget

CZK 2,68 million

Maximum aid intensity

40 %

In conformity with Article 4 of the Regulation

Date of implementation

1.1.2007

Duration

31.12.2008

Economic sectors

Limited to specific sectors:

D

Name and address of the granting authority

Ministerstvo průmyslu a obchodu

Na Františku 32

CZ-110 15 Praha 1

Tel. (420) 224 853 319

kavka@mpo.cz

Internet address of the publication of the aid scheme

http://www.mpo.cz/cz/podpora-podnikani/investovani/

Other information

—

| Aid No | XR 59/07 |
| --- | --- |
| Member State | Spain |
| Region | Extremadura |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Incentivos Industriales Extremeños |
| Legal basis | Decreto 20/2007, de 6 de febrero, por el que se establece un régimen de incentivos industriales extremeños a la inversión para el tejido empresarial de esta Comunidad Autónoma (D.O.E. no 18 de 13 de febrero) |
| Type of measure | Aid scheme |
| Annual budget | EUR 11 million |
| Maximum aid intensity | 40 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 14.2.2007 |
| Duration | 31.12.2013 |
| Economic sectors | Limited to specific sectors: |
| CB; D; H; O 9211 |
| Name and address of the granting authority | Junta de Extremadura |
| Consejería de Economía y Trabajo |
| Dirección General de Promoción Empresarial e Industrial |
| Paseo de Roma, s/n |
| E-06800 Mérida-Badajoz |
| Correo electrónico: dgpei@eco.juntaex.es |

Aid No

XR 59/07

Member State

Spain

Region

Extremadura

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

Incentivos Industriales Extremeños

Legal basis

Decreto 20/2007, de 6 de febrero, por el que se establece un régimen de incentivos industriales extremeños a la inversión para el tejido empresarial de esta Comunidad Autónoma (D.O.E. no 18 de 13 de febrero)

Type of measure

Aid scheme

Annual budget

EUR 11 million

Maximum aid intensity

40 %

In conformity with Article 4 of the Regulation

Date of implementation

14.2.2007

Duration

31.12.2013

Economic sectors

Limited to specific sectors:

CB; D; H; O 9211

Name and address of the granting authority

Junta de Extremadura

Consejería de Economía y Trabajo

Dirección General de Promoción Empresarial e Industrial

Paseo de Roma, s/n

E-06800 Mérida-Badajoz

Correo electrónico: dgpei@eco.juntaex.es

Internet address of the publication of the aid scheme

http://doe.juntaex.es/pdfs/doe/2007/180O/07040021.pdf

Other information

—

| Aid No | XR 62/07 |
| --- | --- |
| Member State | Spain |
| Region | Murcia |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Programa de Instalación en Parques Tecnológicos de Empresas de base Tecnológica |
| Legal basis | Orden de 15 de febrero de 2007, por la que se aprueban las Bases Reguladoras y la Convocatoria para 2007 de las ayudas del Instituto de Fomento de la Región de Murcia dirigidas a las empresas (anexo 9) |
| Type of measure | Aid scheme |
| Annual budget | EUR 0,6 million |
| Maximum aid intensity | 30 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 23.2.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Instituto de Fomento de la Región de Murcia |
| Avda. de la Fama, 3 |
| E-30003 Murcia |

Aid No

XR 62/07

Member State

Spain

Region

Murcia

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

Programa de Instalación en Parques Tecnológicos de Empresas de base Tecnológica

Legal basis

Orden de 15 de febrero de 2007, por la que se aprueban las Bases Reguladoras y la Convocatoria para 2007 de las ayudas del Instituto de Fomento de la Región de Murcia dirigidas a las empresas (anexo 9)

Type of measure

Aid scheme

Annual budget

EUR 0,6 million

Maximum aid intensity

30 %

In conformity with Article 4 of the Regulation

Date of implementation

23.2.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Instituto de Fomento de la Región de Murcia

Avda. de la Fama, 3

E-30003 Murcia

Internet address of the publication of the aid scheme

http://www.institutofomentomurcia.es/InfoDirectoV3/pdf/PublicacionAyudas2007.pdf

Other information

—

| Aid No | XR 70/07 |
| --- | --- |
| Member State | Spain |
| Region | 87.3.a — 87.3.c |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Régimen de ayudas a actuaciones de reindustrialización |
| Legal basis | Orden del Ministerio de Industria, Turismo y Comercio, ITC/643/2007, de 7 de marzo, por la que se modifica la Orden ITC 3098/2006 de 2 de octubre |
| Type of measure | Aid scheme |
| Annual budget | EUR 270 million |
| Maximum aid intensity | 40 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 20.3.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Ministerio de Industria, Turismo y Comercio |
| Paseo de la Castellana, 160 |
| E-28071 Madrid |

Aid No

XR 70/07

Member State

Spain

Region

87.3.a — 87.3.c

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

Régimen de ayudas a actuaciones de reindustrialización

Legal basis

Orden del Ministerio de Industria, Turismo y Comercio, ITC/643/2007, de 7 de marzo, por la que se modifica la Orden ITC 3098/2006 de 2 de octubre

Type of measure

Aid scheme

Annual budget

EUR 270 million

Maximum aid intensity

40 %

In conformity with Article 4 of the Regulation

Date of implementation

20.3.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Ministerio de Industria, Turismo y Comercio

Paseo de la Castellana, 160

E-28071 Madrid

Internet address of the publication of the aid scheme

http://www.mityc.es/ReindusGeneral/contenido/normativa/bases/

Other information

—

| Aid No | XR 73/07 |
| --- | --- |
| Member State | Spain |
| Region | La Rioja |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Bases Reguladoras de la concesión de subvenciones en régimen de concurrencia competitiva a la inversión de finalidad regional. |
| Legal basis | Resolución del Presidente de la Agencia de Desarrollo Económico de La Rioja de 22 de febrero de 2007 por la que se modifican las Bases Reguladoras de la concesión de subvenciones en régimen de concurrencia competitiva a la inversión de finalidad regional con objeto de su adecuación a la normativa comunitaria de Ayudas de Estado de finalidad regional (B.O.R. no 33/2007, de 10 de marzo) |
| Type of measure | Aid scheme |
| Annual budget | EUR 6,475 million |
| Maximum aid intensity | 10 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 10.3.2007 |
| Duration | 31.12.2008 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Agencia de Desarrollo Económico de La Rioja |
| C/ Muro de la Mata, 13-14 |
| E-26071 Logroño |

Aid No

XR 73/07

Member State

Spain

Region

La Rioja

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

Bases Reguladoras de la concesión de subvenciones en régimen de concurrencia competitiva a la inversión de finalidad regional.

Legal basis

Resolución del Presidente de la Agencia de Desarrollo Económico de La Rioja de 22 de febrero de 2007 por la que se modifican las Bases Reguladoras de la concesión de subvenciones en régimen de concurrencia competitiva a la inversión de finalidad regional con objeto de su adecuación a la normativa comunitaria de Ayudas de Estado de finalidad regional (B.O.R. no 33/2007, de 10 de marzo)

Type of measure

Aid scheme

Annual budget

EUR 6,475 million

Maximum aid intensity

10 %

In conformity with Article 4 of the Regulation

Date of implementation

10.3.2007

Duration

31.12.2008

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Agencia de Desarrollo Económico de La Rioja

C/ Muro de la Mata, 13-14

E-26071 Logroño

Internet address of the publication of the aid scheme

http://www2.larioja.org/pls/dad_user/G04.bor_home

Other information

—

| Aid No | XR 88/07 |
| --- | --- |
| Member State | Spain |
| Region | Murcia |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Programa de ayudas a la financiación de empresas en la Región de Murcia mediante el apoyo a operaciones financiadas con fondos procedentes del Instituto de Crédito Oficial |
| Legal basis | Orden de 28 de marzo de 2007, por la que se aprueban las Bases Reguladoras y la Convocatoria para 2007 de las ayudas del Instituto de Fomento a las empresas de la Región de Murcia mediante el apoyo a operaciones financiadas con fondos procedentes del Instituto de Crédito Oficial (anexo I) |
| Type of measure | Aid scheme |
| Annual budget | EUR 1,8 million |
| Maximum aid intensity | 30 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 8.4.2007 |
| Duration | 31.12.2013 |
| Economic sectors | All sectors eligible for regional investment aid |
| Name and address of the granting authority | Instituto de Fomento de la Región de Murcia |
| Avda. de la Fama, 3 |
| E-30003 Murcia |

Aid No

XR 88/07

Member State

Spain

Region

Murcia

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

Programa de ayudas a la financiación de empresas en la Región de Murcia mediante el apoyo a operaciones financiadas con fondos procedentes del Instituto de Crédito Oficial

Legal basis

Orden de 28 de marzo de 2007, por la que se aprueban las Bases Reguladoras y la Convocatoria para 2007 de las ayudas del Instituto de Fomento a las empresas de la Región de Murcia mediante el apoyo a operaciones financiadas con fondos procedentes del Instituto de Crédito Oficial (anexo I)

Type of measure

Aid scheme

Annual budget

EUR 1,8 million

Maximum aid intensity

30 %

In conformity with Article 4 of the Regulation

Date of implementation

8.4.2007

Duration

31.12.2013

Economic sectors

All sectors eligible for regional investment aid

Name and address of the granting authority

Instituto de Fomento de la Región de Murcia

Avda. de la Fama, 3

E-30003 Murcia

Internet address of the publication of the aid scheme

http://www.ifrm-murcia.es

http://www.institutofomentomurcia.es/InfoDirectoV3/pdf/PublicacionAyudas2007-2.pdf

Other information

—

| Aid No | XR 101/07 |
| --- | --- |
| Member State | Poland |
| Region | Wrocław |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Uchwała nr III/15/06 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 dla przedsiębiorców prowadzących działalność gospodarczą w obrębie parków przemysłowych, parków technologicznych oraz specjalnych stref ekonomicznych usytuowanych 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 101/07

Member State

Poland

Region

Wrocław

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

Uchwała nr III/15/06 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 dla przedsiębiorców prowadzących działalność gospodarczą w obrębie parków przemysłowych, parków technologicznych oraz specjalnych stref ekonomicznych usytuowanych 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/15/06

Other information

—

| Aid No | XR 121/07 |
| --- | --- |
| Member State | Spain |
| Region | Navarra |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Ayudas regionales a la inversión industrial, excepto a las industrias agroalimentarias |
| Legal basis | Orden Foral 155/2007, de 17 de mayo, del Consejero de Industria y Tecnología, Comercio y Trabajo. B.O.N. no 71 de 8.6.2007
  Orden Foral 177/2007, de 7 de junio, del Consejero de Industria y Tecnología, Comercio y Trabajo. B.O.N. no 74 de 15.6.2007 |
| Type of measure | Aid scheme |
| Annual budget | EUR 15 million |
| Maximum aid intensity | 10 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 11.6.2007 |
| Duration | 31.12.2013 |
| Economic sectors | Limited to specific sectors: |
| C, D, K, 60, 61, 62, 63 |
| Name and address of the granting authority | Gobierno de Navarra |
| Departamento de Industria y Tecnología, Comercio y Trabajo |
| Parque Tomás Caballero 1, Edificio «Fuerte del Príncipe, II» |
| E-31005 Pamplona |
| E-mail: spromoci@cfnavarra.es |

Aid No

XR 121/07

Member State

Spain

Region

Navarra

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

Ayudas regionales a la inversión industrial, excepto a las industrias agroalimentarias

Legal basis

Orden Foral 155/2007, de 17 de mayo, del Consejero de Industria y Tecnología, Comercio y Trabajo. B.O.N. no 71 de 8.6.2007

Orden Foral 177/2007, de 7 de junio, del Consejero de Industria y Tecnología, Comercio y Trabajo. B.O.N. no 74 de 15.6.2007

Type of measure

Aid scheme

Annual budget

EUR 15 million

Maximum aid intensity

10 %

In conformity with Article 4 of the Regulation

Date of implementation

11.6.2007

Duration

31.12.2013

Economic sectors

Limited to specific sectors:

C, D, K, 60, 61, 62, 63

Name and address of the granting authority

Gobierno de Navarra

Departamento de Industria y Tecnología, Comercio y Trabajo

Parque Tomás Caballero 1, Edificio «Fuerte del Príncipe, II»

E-31005 Pamplona

E-mail: spromoci@cfnavarra.es

Internet address of the publication of the aid scheme

http://www.cfnavarra.es/bon/076/F0708462.htm

http://www.cfnavarra.es/bon/076/F0709439.htm

Other information

—

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| 21.7.2007 | EN | Official Journal of the European Union | C 169/26 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/26

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(Text with EEA relevance)

(2007/C 169/08)

| Reference number of the aid | XT 63/07 |
| --- | --- |
| Member State | Belgium |
| Region | Vlaanderen |
| Title (and/or name of the beneficiary) | PSA Hesse-Noord Natie |
| Legal basis | Decreet van 31.1.2003 |
| Type of measure | Individual aid |
| Budget | Annual budget: —; Overall budget: EUR 0,892 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 8.6.2007 |
| Duration | 1.9.2008 |
| Objective | General training |
| Economic sectors | Other services |
| Name and address of the granting authority | Agentschap Economie |
| Koning Albert II-laan 35, bus 12 |
| B-1030 Brussel |

Reference number of the aid

XT 63/07

Member State

Belgium

Region

Vlaanderen

Title (and/or name of the beneficiary)

PSA Hesse-Noord Natie

Legal basis

Decreet van 31.1.2003

Type of measure

Individual aid

Budget

Annual budget: —; Overall budget: EUR 0,892 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

8.6.2007

Duration

1.9.2008

Objective

General training

Economic sectors

Other services

Name and address of the granting authority

Agentschap Economie

Koning Albert II-laan 35, bus 12

B-1030 Brussel

---

V Announcements

ADMINISTRATIVE PROCEDURES

Council

| 21.7.2007 | EN | Official Journal of the European Union | C 169/27 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/27

---

OPEN CALL

European Cooperation in the field of Scientific and Technical Research (COST)

(2007/C 169/09)

COST brings together researchers and experts in different countries working on specific topics. It finances networking of nationally funded activities in supporting meetings, conferences, short term scientific exchanges and outreach activities. COST therefore does NOT fund research itself. Currently more than 200 scientific networks (Actions) are supported.

COST invites proposals for Actions contributing to the scientific, technological, economic, cultural or societal development of Europe. Proposals playing a precursor role for other European programmes and/or initiated by early-stage researchers are especially welcome.

Developing stronger links amongst European researchers is crucial to building the European Research Area (ERA). COST stimulates new, innovative, interdisciplinary and broad research networks in Europe. COST activities are carried out by research teams to strengthen the foundations for building scientific excellence in Europe.

COST is organised in nine broad Domains (Biomedicine and Molecular Biosciences; Chemistry and Molecular Sciences and Technologies; Earth System Science and Environmental Management; Food and Agriculture; Forests, their Products and Services; Individuals, Society, Culture and Health; Information and Communication Technologies; Materials, Physical and Nanosciences; Transport and Urban Development). The intended coverage of each Domain is explained at www.cost.esf.org.

Proposers are invited to locate their topic within one Domain. However, inter-disciplinary proposals not fitting readily into a single Domain are also welcome and will be assessed separately.

Proposals should include researchers from a minimum of five COST countries. Financial support in the range of EUR 100 000 p.a. for normally 4 years can be expected.

Proposals will be assessed in two stages. Preliminary Proposals (maximum 1500 words/3 pages), submitted using the on-line template at www.cost.esf.org/opencall should provide a brief overview of the proposal and its intended impact. Proposals not conforming to the eligibility criteria of COST (e.g. requesting research funding) will be excluded. Eligible Proposals will be assessed by the relevant Domain Committees in accordance with the published criteria at www.cost.esf.org. The top ranked Preliminary Proposals will each be invited to submit a Full Proposal. Full Proposals will be peer reviewed according to the assessment criteria at www.cost.esf.org/opencall. The decision will normally be taken within six months of the collection date and the Actions should expect to start within three months thereafter.

The collection date for Preliminary Proposals is 30 September 2007. Approximately 75 Full Proposals will be invited for final selection of approximately 25 new Actions.

Full Proposals will be invited by 10 November 2007 for submission by 15 February 2008, with decisions expected in June 2008.

Proposers may wish to contact their national COST Coordinator (CNC) for information and guidance — see www.cost.esf.org/cnc.

Proposals must be submitted on-line to the COST Office web site.

COST receives financial support for its coordinating activities from the EU RTD Framework Programme. The COST Office, administered by the European Science Foundation (ESF), acting as the implementing agent for COST, provides the scientific secretariat for COST Domains and COST Actions.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 21.7.2007 | EN | Official Journal of the European Union | C 169/29 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/29

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Prior notification of a concentration

(Case COMP/M.4709 — Apax Partners/Telenor Satellite Services)

(Text with EEA relevance)

(2007/C 169/10)

| 1. | On 13 July 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 22(3) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Apax Partners S.A. (‘Apax’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Telenor Satellite Services AS (‘TSS’, Norway) by way of purchase of shares. |
| --- | --- |

1.

On 13 July 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 22(3) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Apax Partners S.A. (‘Apax’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Telenor Satellite Services AS (‘TSS’, Norway) by way of purchase of shares.

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






  — | for Apax: investment fund. Apax notably controls France Telecom Mobile Satellite Communications (‘FTMSC’, France) active in the supply of satellite telecommunication services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Apax: investment fund. Apax notably controls France Telecom Mobile Satellite Communications (‘FTMSC’, France) active in the supply of satellite telecommunication services;

| — | for TSS: supply of satellite telecommunication services. |
| --- | --- |

—

for TSS: supply of satellite telecommunication services.

| 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 number COMP/M.4709 — Apax Partners/Telenor Satellite Services, 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.4709 — Apax Partners/Telenor Satellite Services, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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| 21.7.2007 | EN | Official Journal of the European Union | C 169/30 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 169/30

---

Prior notification of a concentration

(Case COMP/M.4748 — T-Mobile/Orange Netherlands)

(Text with EEA relevance)

(2007/C 169/11)

| 1. | On 13 July 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 undertaking T-Mobile Netherlands Holding B.V., which is the holding company of T-Mobile Netherlands B.V. (‘T-Mobile’, Netherlands), belonging to the group Deutsche Telekom AG (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Orange Nederland N.V. (‘ONL’, Netherlands) and Orange Nederland Breedband B.V. (‘ONB’, Netherlands) by way of purchase of shares. |
| --- | --- |

1.

On 13 July 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 undertaking T-Mobile Netherlands Holding B.V., which is the holding company of T-Mobile Netherlands B.V. (‘T-Mobile’, Netherlands), belonging to the group Deutsche Telekom AG (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Orange Nederland N.V. (‘ONL’, Netherlands) and Orange Nederland Breedband B.V. (‘ONB’, Netherlands) by way of purchase of shares.

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






  — | for undertaking T-Mobile: Provision of mobile telephony services and operation of mobile telephony network; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking T-Mobile: Provision of mobile telephony services and operation of mobile telephony network;

| — | for undertaking ONL: Provision of mobile telephony services and operation of mobile telephony network; |
| --- | --- |

—

for undertaking ONL: Provision of mobile telephony services and operation of mobile telephony network;

| — | for undertaking ONB: Provision of access to broadband services. |
| --- | --- |

—

for undertaking ONB: Provision of access to broadband services.

| 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 number COMP/M.4748 — T-Mobile/Orange Netherlands, 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.4748 — T-Mobile/Orange Netherlands, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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