# Official Journal C 48/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 48 |
| | |
| English edition | Information and Notices | Volume 5811 February 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 48

English edition

Information and Notices

Volume 5811 February 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 048/01 | Non-opposition to a notified concentration (Case M.7491 — Lixil/Grohe) (
  1
  ) | 1 |
| 2015/C 048/02 | Non-opposition to a notified concentration (Case M.7401 — Blackstone/Alliance BV/Alliance Automotive Group) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 048/01

Non-opposition to a notified concentration (Case M.7491 — Lixil/Grohe) (
  1
  )

1

1

2015/C 048/02

Non-opposition to a notified concentration (Case M.7401 — Blackstone/Alliance BV/Alliance Automotive Group) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 048/03 | Euro exchange rates | 2 |
| | European Data Protection Supervisor |
| 2015/C 048/04 | Executive summary of the Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council on A new era for aviation — Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 048/03

Euro exchange rates

2

European Data Protection Supervisor

2015/C 048/04

Executive summary of the Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council on A new era for aviation — Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner

3

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.2.2015 | EN | Official Journal of the European Union | C 48/1 |
| --- | --- | --- | --- |

11.2.2015

EN

Official Journal of the European Union

C 48/1

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Non-opposition to a notified concentration

(Case M.7491 — Lixil/Grohe)

(Text with EEA relevance)

(2015/C 48/01)

On 2 February 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7491. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7491. EUR-Lex is the online access to European law.

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

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| 11.2.2015 | EN | Official Journal of the European Union | C 48/1 |
| --- | --- | --- | --- |

11.2.2015

EN

Official Journal of the European Union

C 48/1

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Non-opposition to a notified concentration

(Case M.7401 — Blackstone/Alliance BV/Alliance Automotive Group)

(Text with EEA relevance)

(2015/C 48/02)

On 26 November 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7401. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7401. EUR-Lex is the online access to European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.2.2015 | EN | Official Journal of the European Union | C 48/2 |
| --- | --- | --- | --- |

11.2.2015

EN

Official Journal of the European Union

C 48/2

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Euro exchange rates (1)

10 February 2015

(2015/C 48/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1297 |
| JPY | Japanese yen | 134,67 |
| DKK | Danish krone | 7,4441 |
| GBP | Pound sterling | 0,74200 |
| SEK | Swedish krona | 9,4264 |
| CHF | Swiss franc | 1,0457 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,5665 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,727 |
| HUF | Hungarian forint | 309,34 |
| PLN | Polish zloty | 4,2008 |
| RON | Romanian leu | 4,4368 |
| TRY | Turkish lira | 2,8155 |
| AUD | Australian dollar | 1,4522 |
| CAD | Canadian dollar | 1,4088 |
| HKD | Hong Kong dollar | 8,7595 |
| NZD | New Zealand dollar | 1,5266 |
| SGD | Singapore dollar | 1,5322 |
| KRW | South Korean won | 1 237,19 |
| ZAR | South African rand | 13,1443 |
| CNY | Chinese yuan renminbi | 7,0512 |
| HRK | Croatian kuna | 7,7177 |
| IDR | Indonesian rupiah | 14 344,72 |
| MYR | Malaysian ringgit | 4,0434 |
| PHP | Philippine peso | 50,158 |
| RUB | Russian rouble | 74,5672 |
| THB | Thai baht | 36,868 |
| BRL | Brazilian real | 3,1641 |
| MXN | Mexican peso | 16,7845 |
| INR | Indian rupee | 70,2617 |

Currency

Exchange rate

USD

US dollar

1,1297

JPY

Japanese yen

134,67

DKK

Danish krone

7,4441

GBP

Pound sterling

0,74200

SEK

Swedish krona

9,4264

CHF

Swiss franc

1,0457

ISK

Iceland króna

NOK

Norwegian krone

8,5665

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,727

HUF

Hungarian forint

309,34

PLN

Polish zloty

4,2008

RON

Romanian leu

4,4368

TRY

Turkish lira

2,8155

AUD

Australian dollar

1,4522

CAD

Canadian dollar

1,4088

HKD

Hong Kong dollar

8,7595

NZD

New Zealand dollar

1,5266

SGD

Singapore dollar

1,5322

KRW

South Korean won

1 237,19

ZAR

South African rand

13,1443

CNY

Chinese yuan renminbi

7,0512

HRK

Croatian kuna

7,7177

IDR

Indonesian rupiah

14 344,72

MYR

Malaysian ringgit

4,0434

PHP

Philippine peso

50,158

RUB

Russian rouble

74,5672

THB

Thai baht

36,868

BRL

Brazilian real

3,1641

MXN

Mexican peso

16,7845

INR

Indian rupee

70,2617

---

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

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European Data Protection Supervisor

| 11.2.2015 | EN | Official Journal of the European Union | C 48/3 |
| --- | --- | --- | --- |

11.2.2015

EN

Official Journal of the European Union

C 48/3

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Executive summary of the Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council on ‘A new era for aviation — Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner’

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

(2015/C 48/04)

I.   Introduction

I.1.   Consultation of the EDPS

| 1. | On 8 April 2014, the Commission adopted a Communication to the European Parliament and the Council on ‘A new era for aviation — Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner’ (hereinafter ‘the Communication’) (1). |
| --- | --- |

1.

On 8 April 2014, the Commission adopted a Communication to the European Parliament and the Council on ‘A new era for aviation — Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner’ (hereinafter ‘the Communication’) (1).

| 2. | RPAS are aircraft systems piloted from a distance or, in other words, aircrafts that can fly without requiring an onboard pilot. Most of the time, they are not used as a simple aircraft system, and include devices such as cameras, microphones, sensors, GPS, which may allow the processing of personal data. |
| --- | --- |

2.

RPAS are aircraft systems piloted from a distance or, in other words, aircrafts that can fly without requiring an onboard pilot. Most of the time, they are not used as a simple aircraft system, and include devices such as cameras, microphones, sensors, GPS, which may allow the processing of personal data.

| 3. | As will be further developed in this Opinion, the rights to private and family life and to data protection, as guaranteed in Article 8 of the Council of Europe Convention on Human Rights and Articles 7 and 8 of the Charter of Fundamental Rights of the EU, apply to this emerging technology. Moreover, since remotely piloted aircraft systems have the same potential to seriously interfere with the rights to private and family life and to data protection as the online technologies considered by the Court of Justice of the European Union in the Digital Rights Ireland
   (2) and Google Spain v AEPD
   (3) rulings, they must be considered very carefully. |
| --- | --- |

3.

As will be further developed in this Opinion, the rights to private and family life and to data protection, as guaranteed in Article 8 of the Council of Europe Convention on Human Rights and Articles 7 and 8 of the Charter of Fundamental Rights of the EU, apply to this emerging technology. Moreover, since remotely piloted aircraft systems have the same potential to seriously interfere with the rights to private and family life and to data protection as the online technologies considered by the Court of Justice of the European Union in the Digital Rights Ireland
   (2) and Google Spain v AEPD
   (3) rulings, they must be considered very carefully.

| 4. | The EDPS therefore welcomes the fact that we have been consulted by the Commission on this Communication. |
| --- | --- |

4.

The EDPS therefore welcomes the fact that we have been consulted by the Commission on this Communication.

IV.   Conclusions

| 65. | The EDPS welcomes the fact that he has been consulted by the Commission on this Communication and highlights that civil uses of RPAS cover all areas not covered by military uses, thus not limited to commercial uses. He also welcomes that the Communication not only underlines the social and economic benefits of the civil use of RPAS but also identifies privacy, data protection and security as key elements with which to ensure compliance for their dissemination. |
| --- | --- |

65.

The EDPS welcomes the fact that he has been consulted by the Commission on this Communication and highlights that civil uses of RPAS cover all areas not covered by military uses, thus not limited to commercial uses. He also welcomes that the Communication not only underlines the social and economic benefits of the civil use of RPAS but also identifies privacy, data protection and security as key elements with which to ensure compliance for their dissemination.

| 66. | RPAS should be distinguished from aeroplanes and CCTV because their ‘mobility and discretion’ enable them to be used in many more circumstances. Besides, they can be combined with other technologies such as cameras devices, Wi-Fi sensors, microphones, biometric sensors, GPS systems, systems reading IP addresses, RFID tracking systems which all offer the possibility to process personal data and make same potentially powerful surveillance tools. |
| --- | --- |

66.

RPAS should be distinguished from aeroplanes and CCTV because their ‘mobility and discretion’ enable them to be used in many more circumstances. Besides, they can be combined with other technologies such as cameras devices, Wi-Fi sensors, microphones, biometric sensors, GPS systems, systems reading IP addresses, RFID tracking systems which all offer the possibility to process personal data and make same potentially powerful surveillance tools.

| 67. | The EDPS would therefore underline that RPAS uses involving the processing of personal data constitute in most cases an interference with the right to the respect for private and family life guaranteed by Article 8 of the Council of Europe Convention on Human Rights (hereinafter ‘ECHR’) and Article 7 of the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’) as they challenge the right to intimacy and privacy guaranteed to all individuals in the EU and can therefore be allowed only under specific conditions and safeguards. In any event, whenever personal data are processed by RPAS operated in the EU, which is common, the right to the protection of personal data enshrined in Article 8 of the Charter applies and the EU legal framework for data protection should be complied with. |
| --- | --- |

67.

The EDPS would therefore underline that RPAS uses involving the processing of personal data constitute in most cases an interference with the right to the respect for private and family life guaranteed by Article 8 of the Council of Europe Convention on Human Rights (hereinafter ‘ECHR’) and Article 7 of the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’) as they challenge the right to intimacy and privacy guaranteed to all individuals in the EU and can therefore be allowed only under specific conditions and safeguards. In any event, whenever personal data are processed by RPAS operated in the EU, which is common, the right to the protection of personal data enshrined in Article 8 of the Charter applies and the EU legal framework for data protection should be complied with.

| 68. | In practice, therefore, RPAS uses by individuals, for private activities will normally be subject to Directive 95/46/EC requirements and will rarely benefit from the household exception. In any event, as a pre-condition for the data protection rules, the processing of personal data must be lawful in all respects. This means also complying with other relevant rules in areas such as civil or criminal law, intellectual property, aviation or environmental law. |
| --- | --- |

68.

In practice, therefore, RPAS uses by individuals, for private activities will normally be subject to Directive 95/46/EC requirements and will rarely benefit from the household exception. In any event, as a pre-condition for the data protection rules, the processing of personal data must be lawful in all respects. This means also complying with other relevant rules in areas such as civil or criminal law, intellectual property, aviation or environmental law.

| 69. | The processing of personal data via an RPAS for commercial or professional purposes must comply with national legislation implementing Directive 95/46/EC. |
| --- | --- |

69.

The processing of personal data via an RPAS for commercial or professional purposes must comply with national legislation implementing Directive 95/46/EC.

| 70. | Moreover, the EDPS would recall that the mere publication of data on the internet or in a newspaper, without any aim to disclose to the public information, opinions or ideas, is not sufficient for it to fall under the journalism exception of Article 9 of Directive 95/46/EC. |
| --- | --- |

70.

Moreover, the EDPS would recall that the mere publication of data on the internet or in a newspaper, without any aim to disclose to the public information, opinions or ideas, is not sufficient for it to fall under the journalism exception of Article 9 of Directive 95/46/EC.

| 71. | Law enforcement uses of RPAS also have to respect the fundamental right to privacy so that these activities should be based on a clear and accessible law, serve a legitimate goal and be necessary in a democratic society and proportionate to the purpose pursued. When they result in processing personal data, they are subject to the data protection safeguards laid down at EU and Council of Europe level. |
| --- | --- |

71.

Law enforcement uses of RPAS also have to respect the fundamental right to privacy so that these activities should be based on a clear and accessible law, serve a legitimate goal and be necessary in a democratic society and proportionate to the purpose pursued. When they result in processing personal data, they are subject to the data protection safeguards laid down at EU and Council of Europe level.

| 72. | The use of RPAS for intelligence purposes must respect the principles of necessity and proportionality. |
| --- | --- |

72.

The use of RPAS for intelligence purposes must respect the principles of necessity and proportionality.

| 73. | In view of the imperative need to ensure respect for privacy, data protection and security requirements relating to this potentially highly intrusive new technology, the EDPS supports the Commission reconsidering its lack of competence for the regulation of RPAS under 150 kilos. |
| --- | --- |

73.

In view of the imperative need to ensure respect for privacy, data protection and security requirements relating to this potentially highly intrusive new technology, the EDPS supports the Commission reconsidering its lack of competence for the regulation of RPAS under 150 kilos.

| 74. | The EDPS also welcomes the initiatives and awareness raising projects that should accompany the introduction of RPAS on the EU civil market. |
| --- | --- |

74.

The EDPS also welcomes the initiatives and awareness raising projects that should accompany the introduction of RPAS on the EU civil market.

| 75. | The EDPS recommends that the Commission encourages RPAS manufacturers to implement privacy by design and by default and data controllers to carry out data protection impact assessments where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, scope or purposes. |
| --- | --- |

75.

The EDPS recommends that the Commission encourages RPAS manufacturers to implement privacy by design and by default and data controllers to carry out data protection impact assessments where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, scope or purposes.

| 76. | Further action is also needed to encourage measures that would facilitate identification of the controller of an RPAS. |
| --- | --- |

76.

Further action is also needed to encourage measures that would facilitate identification of the controller of an RPAS.

Done at Brussels, 26 November 2014.

Giovanni BUTTARELLI

Assistant European Data Protection Supervisor

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(1)  COM(2014) 207 final, 8.4.2014.

1

(2)  Joined Cases C-293/12 and C-594/12, Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, The Commissioner of the Garda Síochána, Ireland and the Attorney General, and Kärntner Landesregierung, Michael Seitlinger, Christof Tschohl and Others, judgment of the Court (Grand Chamber) of 8 April 2014 (requests for a preliminary ruling from the High Court of Ireland (Ireland) and the Verfassungsgerichtshof (Austria)).

2

Digital Rights Ireland Ltd

Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, The Commissioner of the Garda Síochána, Ireland and the Attorney General, and Kärntner Landesregierung, Michael Seitlinger, Christof Tschohl and Others

(3)  Case C-131/12, Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD), judgment of the Court of 13 May 2014.

3

Google Spain SL, Google Inc.

Agencia Española de Protección de Datos (AEPD),

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