# Official Journal C 301/7 De

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 301 |
| | |
| English edition | Information and Notices | Volume 477 December 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 301

English edition

Information and Notices

Volume 477 December 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 301/1 | Euro exchange rates | 1 |
| 2004/C 301/2 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China | 2 |
| | The European Data Protection Supervisor |
| 2004/C 301/3 | Opinion of the European Data Protection Supervisor on the Proposal for a Regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities (COM(2004) 509 final of 20 July 2004) | 4 |

Notice No

Contents

page

I   Information

Commission

2004/C 301/1

Euro exchange rates

1

2004/C 301/2

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China

2

The European Data Protection Supervisor

2004/C 301/3

Opinion of the European Data Protection Supervisor on the Proposal for a Regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities (COM(2004) 509 final of 20 July 2004)

4

| EN | |
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EN

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I Information

Commission

| 7.12.2004 | EN | Official Journal of the European Union | C 301/1 |
| --- | --- | --- | --- |

7.12.2004

EN

Official Journal of the European Union

C 301/1

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Euro exchange rates (1)

6 December 2004

(2004/C 301/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3435 |
| JPY | Japanese yen | 137,47 |
| DKK | Danish krone | 7,4287 |
| GBP | Pound sterling | 0,69180 |
| SEK | Swedish krona | 8,8992 |
| CHF | Swiss franc | 1,5272 |
| ISK | Iceland króna | 83,99 |
| NOK | Norwegian krone | 8,1430 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5791 |
| CZK | Czech koruna | 30,786 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,49 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6890 |
| MTL | Maltese lira | 0,4322 |
| PLN | Polish zloty | 4,1707 |
| ROL | Romanian leu | 38 022 |
| SIT | Slovenian tolar | 239,84 |
| SKK | Slovak koruna | 39,135 |
| TRL | Turkish lira | 1 878 300 |
| AUD | Australian dollar | 1,7310 |
| CAD | Canadian dollar | 1,6072 |
| HKD | Hong Kong dollar | 10,4404 |
| NZD | New Zealand dollar | 1,8592 |
| SGD | Singapore dollar | 2,1955 |
| KRW | South Korean won | 1 398,38 |
| ZAR | South African rand | 7,6784 |

Currency

Exchange rate

USD

US dollar

1,3435

JPY

Japanese yen

137,47

DKK

Danish krone

7,4287

GBP

Pound sterling

0,69180

SEK

Swedish krona

8,8992

CHF

Swiss franc

1,5272

ISK

Iceland króna

83,99

NOK

Norwegian krone

8,1430

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5791

CZK

Czech koruna

30,786

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,49

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6890

MTL

Maltese lira

0,4322

PLN

Polish zloty

4,1707

ROL

Romanian leu

38 022

SIT

Slovenian tolar

239,84

SKK

Slovak koruna

39,135

TRL

Turkish lira

1 878 300

AUD

Australian dollar

1,7310

CAD

Canadian dollar

1,6072

HKD

Hong Kong dollar

10,4404

NZD

New Zealand dollar

1,8592

SGD

Singapore dollar

2,1955

KRW

South Korean won

1 398,38

ZAR

South African rand

7,6784

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(1)

Source: reference exchange rate published by the ECB.

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| 7.12.2004 | EN | Official Journal of the European Union | C 301/2 |
| --- | --- | --- | --- |

7.12.2004

EN

Official Journal of the European Union

C 301/2

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China

(2004/C 301/02)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 (1) (the basic Regulation).

1.   Request for review

The request was lodged by Steca Batterieladesysteme und Präzisionselektronik GmbH (the applicant). The request is limited to the examination of the product scope.

2.   Product

The product under review is electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot, originating in the People's Republic of China (the product concerned), normally declared within CN code ex 8539 31 90. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1470/2001 (2) on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China.

4.   Grounds for the review

The product concerned includes both direct current voltage lamps and alternating current voltage lamps. The applicant alleges that direct current voltage lamps should be excluded from the product scope of the proceeding as they do not share the same basic characteristics as alternating current voltage lamps.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation, limited in scope to the definition of the product concerned.

The investigation will assess the need for the amendment of the scope of the existing measures.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant, to the Community Industry, to importers, to exporting producers in the People's Republic of China and to the Chinese authorities. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 6(a) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(b) of this notice.

6.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |
| Telex COMEU B 21877 |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (32-2) 295 65 05

Telex COMEU B 21877

8.   Non-cooperation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate, or cooperates only partially, and use of the best facts available is made, the result may be less favourable to the party than if it had cooperated.

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(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004, (OJ L 77, 13.3.2004, p. 12).

(2)  OJ L 195, 19.7.2001, p. 8.

(3)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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The European Data Protection Supervisor

| 7.12.2004 | EN | Official Journal of the European Union | C 301/4 |
| --- | --- | --- | --- |

7.12.2004

EN

Official Journal of the European Union

C 301/4

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OPINION OF THE EUROPEAN DATA PROTECTION SUPERVISOR

on the Proposal for a Regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities (COM(2004) 509 final of 20 July 2004)

(2004/C 301/03)

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 28(2),

HAS ADOPTED THE FOLLOWING OPINION:

| 1. | The Proposal has been submitted by the European Commission on 28 September 2004 for an opinion of the European Data Protection Supervisor (EDPS) in conformity with Article 28(2) of Regulation (EC) No 45/2001. This provides that the Commission shall consult the EDPS, when it adopts a Community legislative proposal relating to the protection of individuals' rights and freedoms with regard to the processing of personal data. As the present case illustrates, this obligation does not only apply to proposals dealing with personal data protection as their main subject, but also to proposals which build on, supplement or amend the existing legal framework for data protection, and to proposals which have a significant impact on the protection of individuals' rights and freedoms with regard to the processing of personal data, but fail to take the existing legal framework into account. |
| --- | --- |

1.

The Proposal has been submitted by the European Commission on 28 September 2004 for an opinion of the European Data Protection Supervisor (EDPS) in conformity with Article 28(2) of Regulation (EC) No 45/2001. This provides that the Commission shall consult the EDPS, when it adopts a Community legislative proposal relating to the protection of individuals' rights and freedoms with regard to the processing of personal data. As the present case illustrates, this obligation does not only apply to proposals dealing with personal data protection as their main subject, but also to proposals which build on, supplement or amend the existing legal framework for data protection, and to proposals which have a significant impact on the protection of individuals' rights and freedoms with regard to the processing of personal data, but fail to take the existing legal framework into account.

| 2. | The Proposal is based on Article 280 of the EC Treaty. Therefore, it comes fully under the first pillar activities and it acknowledges, as to the processing of personal data, the need to ensure a proper data protection as laid down in Directive 95/46/EC and, where applicable, in Regulation (EC) No 45/2001 (inter alia, recital 11 and Article 18 of the Proposal). |
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2.

The Proposal is based on Article 280 of the EC Treaty. Therefore, it comes fully under the first pillar activities and it acknowledges, as to the processing of personal data, the need to ensure a proper data protection as laid down in Directive 95/46/EC and, where applicable, in Regulation (EC) No 45/2001 (inter alia, recital 11 and Article 18 of the Proposal).

| 3. | The Proposal does not include new rules on data protection nor exceptions from the aforementioned legislation on data protection. On the contrary, its Article 18 refers the matter globally to that legislation and envisages an implementing regulation in some areas, namely access to and use of information obtained from the Member States' VAT records by the Commission (Article 11(1)), spontaneous exchange of financial information between Member States and the Commission (Article 12(4)), and mutual assistance and exchange of information (Article 21). It is noted with satisfaction that the EDPS will be consulted before adoption of these implementing rules. |
| --- | --- |

3.

The Proposal does not include new rules on data protection nor exceptions from the aforementioned legislation on data protection. On the contrary, its Article 18 refers the matter globally to that legislation and envisages an implementing regulation in some areas, namely access to and use of information obtained from the Member States' VAT records by the Commission (Article 11(1)), spontaneous exchange of financial information between Member States and the Commission (Article 12(4)), and mutual assistance and exchange of information (Article 21). It is noted with satisfaction that the EDPS will be consulted before adoption of these implementing rules.

| 4. | Article 18(1), second paragraph, provides for a specific obligation of confidentiality versus persons or authorities other than those within the Community institutions and bodies or in the Member States whose functions require them to know the information referred to. It is assumed that this does not affect the rights of data subjects to have access to personal data relating to them, unless one of the relevant exceptions is found to apply, which should in principle only be determined on a case-by-case basis (Article 13 of Directive 95/46/EC and Article 20 of Regulation (EC) No 45/2001). |
| --- | --- |

4.

Article 18(1), second paragraph, provides for a specific obligation of confidentiality versus persons or authorities other than those within the Community institutions and bodies or in the Member States whose functions require them to know the information referred to. It is assumed that this does not affect the rights of data subjects to have access to personal data relating to them, unless one of the relevant exceptions is found to apply, which should in principle only be determined on a case-by-case basis (Article 13 of Directive 95/46/EC and Article 20 of Regulation (EC) No 45/2001).

| 5. | The Proposal is a complement and reinforcement of Regulation (EC) No 1073/1999, Council Regulation (EC) No 515/97 and Council Regulation (EC) No 1798/2003, and in many aspects contains parallel provisions to those of that previous legislation. In this respect, the following comments are relevant:






  (a) | Article 37(4) of Council Regulation (EC) No 515/97 on personal data protection supervision, should be amended, in an additional provision of the draft, to take account of the fact that the EDPS has now been appointed. In the light of this, Article 37 should also be reconsidered in its entirety in order to provide for a more appropriate and more effective system of supervision and cooperation between supervisory authorities. A similar system should be envisaged or built upon in the proposed Regulation. |
| --- | --- | --- |

5.

The Proposal is a complement and reinforcement of Regulation (EC) No 1073/1999, Council Regulation (EC) No 515/97 and Council Regulation (EC) No 1798/2003, and in many aspects contains parallel provisions to those of that previous legislation. In this respect, the following comments are relevant:

(a)

Article 37(4) of Council Regulation (EC) No 515/97 on personal data protection supervision, should be amended, in an additional provision of the draft, to take account of the fact that the EDPS has now been appointed. In the light of this, Article 37 should also be reconsidered in its entirety in order to provide for a more appropriate and more effective system of supervision and cooperation between supervisory authorities. A similar system should be envisaged or built upon in the proposed Regulation.

| (b) | The Committee set up under Article 43 of Regulation (EC) No 515/97, whose tasks are enlarged to comprehend the scope of the proposal, presents some problems that should be addressed, at least for the purposes of the present proposal, if not to take the opportunity of further amending Regulation (EC) No 515/97. The English version of this regulation seems to indicate that the ad hoc formation consists of the representatives referred to in Article 43(1) plus the data protection representatives. It should be clear that, as in the French version, the ad hoc formation is ‘made up by representatives nominated by each Member State from its national supervisory authority or authorities’. In any case, EDPS should also be expressly named. |
| --- | --- |

(b)

The Committee set up under Article 43 of Regulation (EC) No 515/97, whose tasks are enlarged to comprehend the scope of the proposal, presents some problems that should be addressed, at least for the purposes of the present proposal, if not to take the opportunity of further amending Regulation (EC) No 515/97. The English version of this regulation seems to indicate that the ad hoc formation consists of the representatives referred to in Article 43(1) plus the data protection representatives. It should be clear that, as in the French version, the ad hoc formation is ‘made up by representatives nominated by each Member State from its national supervisory authority or authorities’. In any case, EDPS should also be expressly named.

| 6. | Finally, as it is the case for other mandatory opinions, the formal opinion of the EDPS based on Article 28(2) of Regulation (EC) No 45/2001 should be mentioned before the recitals (Having regard to the opinion...). |
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6.

Finally, as it is the case for other mandatory opinions, the formal opinion of the EDPS based on Article 28(2) of Regulation (EC) No 45/2001 should be mentioned before the recitals (Having regard to the opinion...).

Done at Brussels, 22 October 2004.

The 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

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