# Official Journal C 149/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 149 |
| | |
| English edition | Information and Notices | Volume 6427 April 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 149

English edition

Information and Notices

Volume 6427 April 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 149/01 | Communication from the Commission in pursuance of Article 4 of Directive 2000/84/EC of the European Parliament and of the Council on summer-time arrangements – Schedule for the summer-time period | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 149/01

Communication from the Commission in pursuance of Article 4 of Directive 2000/84/EC of the European Parliament and of the Council on summer-time arrangements – Schedule for the summer-time period

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 149/02 | Euro exchange rates — 26 April 2021 | 2 |
| | European Data Protection Supervisor |
| 2021/C 149/03 | Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Digital Services Act
  (The full text of this Opinion can be found in English, French and German on the EDPS websitewww.edps.europa.eu) | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 149/02

Euro exchange rates — 26 April 2021

2

European Data Protection Supervisor

2021/C 149/03

Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Digital Services Act
  (The full text of this Opinion can be found in English, French and German on the EDPS websitewww.edps.europa.eu)

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

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2021/C 149/04 | Prior notification of a concentration (Case M.10233 — Clearlake/TA Associates/Charlesbank/Ivanti) – Candidate case for simplified procedure (
  1
  ) | 8 |
| 2021/C 149/05 | Prior notification of a concentration (Case M.10170 — Shell/NXK) – Candidate case for simplified procedure (
  1
  ) | 10 |
| | OTHER ACTS |
| | European Commission |
| 2021/C 149/06 | Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 11 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2021/C 149/04

Prior notification of a concentration (Case M.10233 — Clearlake/TA Associates/Charlesbank/Ivanti) – Candidate case for simplified procedure (
  1
  )

1

8

2021/C 149/05

Prior notification of a concentration (Case M.10170 — Shell/NXK) – Candidate case for simplified procedure (
  1
  )

1

10

OTHER ACTS

European Commission

2021/C 149/06

Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

11

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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

| 27.4.2021 | EN | Official Journal of the European Union | C 149/1 |
| --- | --- | --- | --- |

27.4.2021

EN

Official Journal of the European Union

C 149/1

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COMMUNICATION FROM THE COMMISSION

in pursuance of Article 4 of Directive 2000/84/EC of the European Parliament and of the Council on summer-time arrangements

Schedule for the summer-time period

(2021/C 149/01)

For 2022-2026 inclusive, the summer-time periods will begin and end respectively on the following dates at 1.00 a.m. UTC – Coordinated Universal Time:

| — | in 2022: the Sundays of 27 March and 30 October, |
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—

in 2022: the Sundays of 27 March and 30 October,

| — | in 2023: the Sundays of 26 March and 29 October, |
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—

in 2023: the Sundays of 26 March and 29 October,

| — | in 2024: the Sundays of 31 March and 27 October, |
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—

in 2024: the Sundays of 31 March and 27 October,

| — | in 2025: the Sundays of 30 March and 26 October, |
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—

in 2025: the Sundays of 30 March and 26 October,

| — | in 2026: the Sundays of 29 March and 25 October. |
| --- | --- |

—

in 2026: the Sundays of 29 March and 25 October.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 27.4.2021 | EN | Official Journal of the European Union | C 149/2 |
| --- | --- | --- | --- |

27.4.2021

EN

Official Journal of the European Union

C 149/2

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Euro exchange rates (1)

26 April 2021

(2021/C 149/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2085 |
| JPY | Japanese yen | 130,54 |
| DKK | Danish krone | 7,4362 |
| GBP | Pound sterling | 0,86975 |
| SEK | Swedish krona | 10,1308 |
| CHF | Swiss franc | 1,1067 |
| ISK | Iceland króna | 151,00 |
| NOK | Norwegian krone | 10,0358 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,807 |
| HUF | Hungarian forint | 363,30 |
| PLN | Polish zloty | 4,5571 |
| RON | Romanian leu | 4,9233 |
| TRY | Turkish lira | 10,0428 |
| AUD | Australian dollar | 1,5518 |
| CAD | Canadian dollar | 1,5030 |
| HKD | Hong Kong dollar | 9,3777 |
| NZD | New Zealand dollar | 1,6727 |
| SGD | Singapore dollar | 1,6027 |
| KRW | South Korean won | 1 343,56 |
| ZAR | South African rand | 17,2441 |
| CNY | Chinese yuan renminbi | 7,8379 |
| HRK | Croatian kuna | 7,5652 |
| IDR | Indonesian rupiah | 17 502,08 |
| MYR | Malaysian ringgit | 4,9524 |
| PHP | Philippine peso | 58,433 |
| RUB | Russian rouble | 90,5838 |
| THB | Thai baht | 37,995 |
| BRL | Brazilian real | 6,5895 |
| MXN | Mexican peso | 23,9814 |
| INR | Indian rupee | 90,3780 |

Currency

Exchange rate

USD

US dollar

1,2085

JPY

Japanese yen

130,54

DKK

Danish krone

7,4362

GBP

Pound sterling

0,86975

SEK

Swedish krona

10,1308

CHF

Swiss franc

1,1067

ISK

Iceland króna

151,00

NOK

Norwegian krone

10,0358

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,807

HUF

Hungarian forint

363,30

PLN

Polish zloty

4,5571

RON

Romanian leu

4,9233

TRY

Turkish lira

10,0428

AUD

Australian dollar

1,5518

CAD

Canadian dollar

1,5030

HKD

Hong Kong dollar

9,3777

NZD

New Zealand dollar

1,6727

SGD

Singapore dollar

1,6027

KRW

South Korean won

1 343,56

ZAR

South African rand

17,2441

CNY

Chinese yuan renminbi

7,8379

HRK

Croatian kuna

7,5652

IDR

Indonesian rupiah

17 502,08

MYR

Malaysian ringgit

4,9524

PHP

Philippine peso

58,433

RUB

Russian rouble

90,5838

THB

Thai baht

37,995

BRL

Brazilian real

6,5895

MXN

Mexican peso

23,9814

INR

Indian rupee

90,3780

---

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

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European Data Protection Supervisor

| 27.4.2021 | EN | Official Journal of the European Union | C 149/3 |
| --- | --- | --- | --- |

27.4.2021

EN

Official Journal of the European Union

C 149/3

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Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Digital Services Act

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

(2021/C 149/03)

On 15 December 2020, the Commission adopted a Proposal for a Regulation of the European Parliament and of the Council on Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC (‘DSA’).

The EDPS supports the Commission’s aim to promote a transparent and safe online environment, by defining responsibilities and accountability for intermediary services, in particular online platforms such as social media and marketplaces.

The EDPS welcomes that the Proposal seeks to complement rather than replace existing protections under Regulation (EU) 2016/679 and Directive 2002/58/EC. That being said, the Proposal will clearly have an impact on processing of personal data. The EDPS considers it necessary to ensure complementarity in the supervision and oversight of online platforms and other providers of hosting services.

Certain activities in the context of online platforms present increasing risks not only for the rights of individuals, but for society as a whole. While the Proposal includes a set of risk mitigation measures, additional safeguards are warranted, in particular in relation to content moderation, online advertising and recommender systems.

Content moderation should take place in accordance with the rule of law. Given the already endemic monitoring of individuals’ behaviour, particularly in the context of online platforms, the DSA should delineate when efforts to combat ‘illegal content’ legitimise the use of automated means to detect, identify and address illegal content. Profiling for purposes of content moderation should be prohibited unless the provider can demonstrate that such measures are strictly necessary to address the systemic risks explicitly identified by the DSA.

Given the multitude of risks associated with online targeted advertising, the EDPS urges the co-legislators to consider additional rules going beyond transparency. Such measures should include a phase-out leading to a prohibition of targeted advertising on the basis of pervasive tracking, as well as restrictions in relation to the categories of data that can be processed for targeting purposes and the categories of data that may be disclosed to advertisers or third parties to enable or facilitate targeted advertising.

In accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on profiling. Given their significant impact, the EDPS also recommends additional measures to further promote transparency and user control in relation to recommender systems.

More generally, the EDPS recommends introducing minimum interoperability requirements for very large online platforms and to promote the development of technical standards at European level, in accordance with the applicable Union legislation on European standardisation.

Having regard to the experience and developments related to the Digital Clearinghouse, the EDPS strongly recommends providing for an explicit and comprehensive legal basis for the cooperation and exchange of relevant information among supervisory authorities, each acting within their respective areas of competence. The Digital Services Act should ensure institutionalised and structured cooperation between the competent oversight authorities, including data protection authorities, consumer protection authorities and competition authorities.

1.   INTRODUCTION AND BACKGROUND

| 1. | On 15 December 2020, the Commission adopted a Proposal for a Regulation of the European Parliament and of the Council on Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC (1). |
| --- | --- |

1.

| 2. | The Proposal follows the Communication Shaping Europe’s Digital Future, in which the Commission confirmed its intention to develop new and revised rules to deepen the Internal Market for Digital Services, by increasing and harmonising the responsibilities of online platforms and information service providers and reinforce the oversight over platforms’ content policies in the EU (2). |
| --- | --- |

2.

| 3. | According to the Explanatory Memorandum, new and innovative digital services have contributed deeply to societal and economic transformations in the Union and across the world. At the same time, the use of those services has also become the source of new risks and challenges, both for society as a whole and individuals using such services (3). |
| --- | --- |

3.

| 4. | The aim of the Proposal is to ensure the best conditions for the provision of innovative digital services in the internal market, to contribute to online safety and the protection of fundamental rights, and to set a robust and durable governance structure for the effective supervision of providers of intermediary services (4). To this end, the Proposal:






  — | contains provisions on the exemption of liability of providers of intermediary services (Chapter II); |
| --- | --- | --- |

4.

—

contains provisions on the exemption of liability of providers of intermediary services (Chapter II);

| — | sets out ‘due diligence obligations’, adapted to the type and nature of the intermediary service concerned (Chapter III); and |
| --- | --- |

—

sets out ‘due diligence obligations’, adapted to the type and nature of the intermediary service concerned (Chapter III); and

| — | contains provisions concerning the implementation and enforcement of the proposed Regulation (Chapter IV). |
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—

contains provisions concerning the implementation and enforcement of the proposed Regulation (Chapter IV).

| 5. | The EDPS was consulted informally on the draft Proposal for a Digital Services Act on 27 November 2020. The EDPS welcomes the fact that he has been consulted at this early stage of the procedure. |
| --- | --- |

5.

| 6. | In addition to the Proposal for a Digital Services Act, the Commission has also adopted a Proposal for a Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act) (5). In accordance with Article 42(1) of Regulation 2018/1725, the EDPS has also been consulted on the Proposal for a Digital Markets Act, which is the subject matter of a separate Opinion. |
| --- | --- |

6.

3.   CONCLUSIONS

| 93. | In light of the above, the EDPS makes the following recommendations: |
| --- | --- |

93.

Concerning the relationship to Regulation (EU) 2016/679 and Directive 2002/58/EC:

| — | to align the wording of Article 1(5)i of the Proposal with the current wording of Article 1(5) b) of Directive 2000/31/EC; and |
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—

to align the wording of Article 1(5)i of the Proposal with the current wording of Article 1(5) b) of Directive 2000/31/EC; and

| — | to clarify that the Proposal does not apply to questions relating to the liability of controllers and processors; |
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—

to clarify that the Proposal does not apply to questions relating to the liability of controllers and processors;

Concerning content moderation and notification of suspicions of criminal offences:

| — | to clarify that not all forms of content moderation require attribution to a specific data subject and that in accordance with the requirements of data minimisation and data protection by design and by default, content moderation should, insofar as possible, not involve any processing of personal data; |
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—

to clarify that not all forms of content moderation require attribution to a specific data subject and that in accordance with the requirements of data minimisation and data protection by design and by default, content moderation should, insofar as possible, not involve any processing of personal data;

| — | to ensure content moderation takes place in accordance with the rule of law, by delineating when efforts to combat ‘illegal content’ legitimise the use of automated means and processing of personal data to detect, identify and address illegal content; |
| --- | --- |

—

to ensure content moderation takes place in accordance with the rule of law, by delineating when efforts to combat ‘illegal content’ legitimise the use of automated means and processing of personal data to detect, identify and address illegal content;

| — | to specify that profiling for purposes of content moderation should be prohibited unless the provider can demonstrate that such measures are strictly necessary to address the systemic risks explicitly identified by the Proposal; |
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—

to specify that profiling for purposes of content moderation should be prohibited unless the provider can demonstrate that such measures are strictly necessary to address the systemic risks explicitly identified by the Proposal;

| — | to clarify whether, and if so, to what extent, providers of intermediary services are authorised to voluntarily notify suspicions of criminal offences to law enforcement or judicial authorities, outside the case envisaged by Article 21 of the Proposal; |
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—

to clarify whether, and if so, to what extent, providers of intermediary services are authorised to voluntarily notify suspicions of criminal offences to law enforcement or judicial authorities, outside the case envisaged by Article 21 of the Proposal;

| — | to specify that any provider of hosting services using automated means of content moderation should ensure that such means do not produce discriminatory or unjustified results; |
| --- | --- |

—

to specify that any provider of hosting services using automated means of content moderation should ensure that such means do not produce discriminatory or unjustified results;

| — | to extend the requirement of Article 12(2) of the Proposal to all forms of content moderation, regardless of whether such moderation takes place pursuant to the terms and conditions of the provider or any other basis; and to specify that the measures must be ‘necessary’ in addition to being ‘proportionate’ to the aims pursued; |
| --- | --- |

—

to extend the requirement of Article 12(2) of the Proposal to all forms of content moderation, regardless of whether such moderation takes place pursuant to the terms and conditions of the provider or any other basis; and to specify that the measures must be ‘necessary’ in addition to being ‘proportionate’ to the aims pursued;

| — | to strengthen the transparency requirements set out in Article 14(6) and 15(2)(c) of the Proposal, by further detailing the information to be provided to the individuals concerned, in particular in case of use of automated means for that content moderation, without prejudice to the duty to inform and the rights of data subjects under Regulation (EU) 2016/679; |
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—

to strengthen the transparency requirements set out in Article 14(6) and 15(2)(c) of the Proposal, by further detailing the information to be provided to the individuals concerned, in particular in case of use of automated means for that content moderation, without prejudice to the duty to inform and the rights of data subjects under Regulation (EU) 2016/679;

| — | to modify Article 15(2) of the Proposal to state unambiguously that information should in any event be provided on the automated means used for detection and identification of illegal content, regardless of whether the subsequent decision involved use of automated means or not; |
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—

to modify Article 15(2) of the Proposal to state unambiguously that information should in any event be provided on the automated means used for detection and identification of illegal content, regardless of whether the subsequent decision involved use of automated means or not;

| — | to require all providers of hosting services, not just online platforms, to provide easily accessible complaint mechanism as envisaged by Article 17 of the Proposal; |
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—

to require all providers of hosting services, not just online platforms, to provide easily accessible complaint mechanism as envisaged by Article 17 of the Proposal;

| — | to insert a deadline in Article 17 of the Proposal for the platform decision on the complaint, as well as the indication that the complaint mechanism to be established is without prejudice the rights and remedies available to data subjects in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC; |
| --- | --- |

—

to insert a deadline in Article 17 of the Proposal for the platform decision on the complaint, as well as the indication that the complaint mechanism to be established is without prejudice the rights and remedies available to data subjects in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC;

| — | to further specify, by listing in an Annex, any other criminal offences (other than child sexual abuse) that meets the threshold of Article 21 of the Proposal and may give rise to a notification obligation; |
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—

to further specify, by listing in an Annex, any other criminal offences (other than child sexual abuse) that meets the threshold of Article 21 of the Proposal and may give rise to a notification obligation;

| — | to consider introducing additional measures to ensure transparency and exercise of data subject rights, subject, where strictly necessary, to narrowly defined restrictions (e.g., where necessary to protect the confidentiality of an ongoing investigation)in compliance with the requirements set out in Article 23(1) and (2) of Regulation (EU) 2016/679; and |
| --- | --- |

—

to consider introducing additional measures to ensure transparency and exercise of data subject rights, subject, where strictly necessary, to narrowly defined restrictions (e.g., where necessary to protect the confidentiality of an ongoing investigation)in compliance with the requirements set out in Article 23(1) and (2) of Regulation (EU) 2016/679; and

| — | to clearly define the term ‘relevant information’, referred to in Article 21 of the Proposal, by providing an exhaustive list of data categories that should be communicated, as well as any categories of data that should be preserved with a view of supporting further investigations by the relevant law enforcement authorities, if necessary. |
| --- | --- |

—

to clearly define the term ‘relevant information’, referred to in Article 21 of the Proposal, by providing an exhaustive list of data categories that should be communicated, as well as any categories of data that should be preserved with a view of supporting further investigations by the relevant law enforcement authorities, if necessary.

Concerning online advertising:

| — | to consider additional rules going beyond transparency, including a phase-out leading to a prohibition of targeted advertising on the basis of pervasive tracking; |
| --- | --- |

—

to consider additional rules going beyond transparency, including a phase-out leading to a prohibition of targeted advertising on the basis of pervasive tracking;

| — | to consider restrictions in relation to (a) the categories of data that can be processed for targeting purposes; (b) categories of data or criteria on the basis of which ads may be targeted or served; and (c) the categories of data that may be disclosed to advertisers or third parties to enable or facilitate targeted advertising; and |
| --- | --- |

—

to consider restrictions in relation to (a) the categories of data that can be processed for targeting purposes; (b) categories of data or criteria on the basis of which ads may be targeted or served; and (c) the categories of data that may be disclosed to advertisers or third parties to enable or facilitate targeted advertising; and

| — | to further clarify the reference to natural or legal person on whose behalf the advertisement is displayed in Articles 24 and 30 of the Proposal; |
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—

to further clarify the reference to natural or legal person on whose behalf the advertisement is displayed in Articles 24 and 30 of the Proposal;

| — | to add to the requirements of Article 24 a new item that requires the platform provider to inform data subjects whether the advertisement was selected using an automated system (e.g., ad exchange or platform) and, in that case, the identity of the natural or legal person(s) responsible for the system(s); |
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—

to add to the requirements of Article 24 a new item that requires the platform provider to inform data subjects whether the advertisement was selected using an automated system (e.g., ad exchange or platform) and, in that case, the identity of the natural or legal person(s) responsible for the system(s);

| — | to specify in Article 30(2)(d) specifying that the register should also include information whether one or more particular groups of recipients of the service were excluded from the advertisement target group; |
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—

to specify in Article 30(2)(d) specifying that the register should also include information whether one or more particular groups of recipients of the service were excluded from the advertisement target group;

| — | replacing the reference to ‘the main parameters’ by ‘parameters’ and to provide further clarification as to what parameters would need to be disclosed at a minimum to constitute ‘meaningful information’ within the meaning of Article 24 and 30of the Proposal; and |
| --- | --- |

—

replacing the reference to ‘the main parameters’ by ‘parameters’ and to provide further clarification as to what parameters would need to be disclosed at a minimum to constitute ‘meaningful information’ within the meaning of Article 24 and 30of the Proposal; and

| — | to consider similar requirements that apply to ensure traceability of traders (Article 22 of the Proposal) in relation to the users of online advertisement services (Articles 24 and 30 of the Proposal). |
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—

to consider similar requirements that apply to ensure traceability of traders (Article 22 of the Proposal) in relation to the users of online advertisement services (Articles 24 and 30 of the Proposal).

Concerning recommender systems:

| — | to clarify that that, in accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on ‘profiling’ within the meaning Article 4(4) of Regulation (EU) 2016/679; |
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—

to clarify that that, in accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on ‘profiling’ within the meaning Article 4(4) of Regulation (EU) 2016/679;

| — | to provide that information concerning the role and functioning of recommender systems to be presented separately, in a manner that should be easily accessible, clear for layman and concise; |
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—

to provide that information concerning the role and functioning of recommender systems to be presented separately, in a manner that should be easily accessible, clear for layman and concise;

| — | to provide that, in accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on ‘profiling’ within the meaning Article 4(4) of Regulation (EU) 2016/679; and |
| --- | --- |

—

to provide that, in accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on ‘profiling’ within the meaning Article 4(4) of Regulation (EU) 2016/679; and

| — | to include the following additional requirements in Article 29 of the Proposal:






  — | to indicate in a prominent part of the platform the fact that the platform uses a recommender system and a control with the available options in a user-friendly manner; |
| --- | --- | --- |

—

to include the following additional requirements in Article 29 of the Proposal:

—

to indicate in a prominent part of the platform the fact that the platform uses a recommender system and a control with the available options in a user-friendly manner;

| — | to inform the platform user whether the recommender system is an automated decision-making system and, in that case, the identity of the natural or legal person liable for the decision. |
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—

to inform the platform user whether the recommender system is an automated decision-making system and, in that case, the identity of the natural or legal person liable for the decision.

| — | to enable data subjects to view, in a user-friendly manner, any profile or profiles relating used to curate the platform content for the recipient of the service; |
| --- | --- |

—

to enable data subjects to view, in a user-friendly manner, any profile or profiles relating used to curate the platform content for the recipient of the service;

| — | to allow the recipients of the service to customise the recommender systems based at least on basic natural criteria (e.g., time, topics of interest, ...); and |
| --- | --- |

—

to allow the recipients of the service to customise the recommender systems based at least on basic natural criteria (e.g., time, topics of interest, ...); and

| — | to provide users with an easily accessible option to delete any profile or profiles used to curate the content they see. |
| --- | --- |

—

to provide users with an easily accessible option to delete any profile or profiles used to curate the content they see.

Concerning access by vetted researchers:

| — | to provide that, in accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on ‘profiling’ within the meaning Article 4(4) of Regulation (EU) 2016/679; |
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—

to provide that, in accordance with the requirements of data protection by design and by default, recommender systems should by default not be based on ‘profiling’ within the meaning Article 4(4) of Regulation (EU) 2016/679;

| — | to rephrase Article 26(1)(c) of the Proposal paragraph to make reference to actual or foreseeable systemic negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security, in particular in relation to the risk of the intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service; |
| --- | --- |

—

to rephrase Article 26(1)(c) of the Proposal paragraph to make reference to actual or foreseeable systemic negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security, in particular in relation to the risk of the intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service;

| — | to expand Article 31 to at least enable verification of the effectiveness and proportionality of the mitigation measures; and |
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—

to expand Article 31 to at least enable verification of the effectiveness and proportionality of the mitigation measures; and

| — | to consider way to facilitate public interest research more generally, including outside the context of monitoring compliance with the Proposal; |
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—

to consider way to facilitate public interest research more generally, including outside the context of monitoring compliance with the Proposal;

Concerning platform interoperability:

| — | to consider introducing minimum interoperability requirements for very large online platforms and to promote the development of technical standards at European level, in accordance with the applicable Union legislation on European standardisation. |
| --- | --- |

—

to consider introducing minimum interoperability requirements for very large online platforms and to promote the development of technical standards at European level, in accordance with the applicable Union legislation on European standardisation.

Concerning implementation, cooperation, sanctions and enforcement:

| — | to ensure complementarity in the oversight in the supervision of online platforms and other providers of hosting services, in particular by






  — | providing for an explicit legal basis for cooperation among the relevant authorities, each acting within their respective areas of competence; |
| --- | --- | --- |

—

to ensure complementarity in the oversight in the supervision of online platforms and other providers of hosting services, in particular by

—

providing for an explicit legal basis for cooperation among the relevant authorities, each acting within their respective areas of competence;

| — | requiring an institutionalised and structured cooperation between the competent oversight authorities, including data protection authorities; and |
| --- | --- |

—

requiring an institutionalised and structured cooperation between the competent oversight authorities, including data protection authorities; and

| — | making explicit reference to the competent authorities that involved in the cooperation and identify the circumstances in which cooperation should take place. |
| --- | --- |

—

making explicit reference to the competent authorities that involved in the cooperation and identify the circumstances in which cooperation should take place.

| — | to make reference to competent authorities in the area of competition law, as well as the European Data Protection Board in the recitals of the Proposal; |
| --- | --- |

—

to make reference to competent authorities in the area of competition law, as well as the European Data Protection Board in the recitals of the Proposal;

| — | to ensure that the Digital Services Coordinators, competent authorities Commission should also have the power and duty to consult with relevant competent authorities, including data protection authorities, in the context of their investigations and assessments of compliance with the Proposal; |
| --- | --- |

—

to ensure that the Digital Services Coordinators, competent authorities Commission should also have the power and duty to consult with relevant competent authorities, including data protection authorities, in the context of their investigations and assessments of compliance with the Proposal;

| — | to clarify that competent supervisory authorities under the Proposal should be able provide, upon request of competent supervisory authorities under the Regulation (EU) 2016/679 or on their own initiative, any information obtained in the context of any audits and investigations that relate to the processing of personal data and to include an explicit legal basis to that this effect; |
| --- | --- |

—

to clarify that competent supervisory authorities under the Proposal should be able provide, upon request of competent supervisory authorities under the Regulation (EU) 2016/679 or on their own initiative, any information obtained in the context of any audits and investigations that relate to the processing of personal data and to include an explicit legal basis to that this effect;

| — | to ensure greater consistency among the criteria included in Article 41(5), Article 42(2) and Article 59 of the Proposal; and |
| --- | --- |

—

to ensure greater consistency among the criteria included in Article 41(5), Article 42(2) and Article 59 of the Proposal; and

| — | to allow the European Digital Services Board to issue own-initiative opinions and to enable the Board to issue opinions on matters other than the measures taken by the Commission. |
| --- | --- |

—

to allow the European Digital Services Board to issue own-initiative opinions and to enable the Board to issue opinions on matters other than the measures taken by the Commission.

Brussels, 10 February 2021.

Wojciech Rafał WIEWIÓROWSKI

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(1)  COM (2020) 825 final.

1

(2)  COM(2020) 67 final, p. 12.

2

(3)  COM (2020) 825 final, p. 1.

3

(4)  COM (2020) 825 final, p. 2.

4

(5)  COM(2020) 842 final.

5

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 27.4.2021 | EN | Official Journal of the European Union | C 149/8 |
| --- | --- | --- | --- |

27.4.2021

EN

Official Journal of the European Union

C 149/8

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Prior notification of a concentration

(Case M.10233 — Clearlake/TA Associates/Charlesbank/Ivanti)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 149/04)

1.

This notification concerns the following undertakings:

| — | Clearlake Capital Group L.P. (‘Clearlake’, United States), |
| --- | --- |

—

Clearlake Capital Group L.P. (‘Clearlake’, United States),

| — | TA Associates Management, L.P. (‘TA Associates’, United States), |
| --- | --- |

—

TA Associates Management, L.P. (‘TA Associates’, United States),

| — | Charlesbank Capital Partners, LLP (‘Charlesbank’, United States), |
| --- | --- |

—

Charlesbank Capital Partners, LLP (‘Charlesbank’, United States),

| — | Ivanti Software, Inc. (‘Ivanti’, United States) currently controlled by Clearlake and TA Associates. |
| --- | --- |

—

Ivanti Software, Inc. (‘Ivanti’, United States) currently controlled by Clearlake and TA Associates.

Clearlake, TA Associates and Charlesbank acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over Ivanti. The concentration is accomplished by way of purchase of shares.

2.

| — | for Clearlake: a private investment firm with portfolio companies active in software and technology-enabled services, energy and industrials, and consumer; |
| --- | --- |

—

for Clearlake: a private investment firm with portfolio companies active in software and technology-enabled services, energy and industrials, and consumer;

| — | for TA Associates: a private equity firm with portfolio companies active in selected industries, including business services, consumer, financial services, healthcare and technologies; |
| --- | --- |

—

for TA Associates: a private equity firm with portfolio companies active in selected industries, including business services, consumer, financial services, healthcare and technologies;

| — | for Charlesbank: a private equity firm with portfolio companies active in business services, consumer, healthcare, industrial and technology and technology infrastructure; |
| --- | --- |

—

for Charlesbank: a private equity firm with portfolio companies active in business services, consumer, healthcare, industrial and technology and technology infrastructure;

| — | for Ivanti: Ivanti offers a software platform for companies’ internal IT departments, which provides user management and industrial mobility software and solutions. Ivanti’s offering allows an organisation’s internal IT department to track and log IT issues, and track completion/resolution of the issues. |
| --- | --- |

—

for Ivanti: Ivanti offers a software platform for companies’ internal IT departments, which provides user management and industrial mobility software and solutions. Ivanti’s offering allows an organisation’s internal IT department to track and log IT issues, and track completion/resolution of the issues.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10233 — Clearlake/TA Associates/Charlesbank/Ivanti

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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| 27.4.2021 | EN | Official Journal of the European Union | C 149/10 |
| --- | --- | --- | --- |

27.4.2021

EN

Official Journal of the European Union

C 149/10

---

Prior notification of a concentration

(Case M.10170 — Shell/NXK)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 149/05)

1.

This notification concerns the following undertakings:

| — | Shell Overseas Investments B.V. (‘SOI’, the Netherlands), a subsidiary of Royal Dutch Shell plc (‘Shell’, United Kingdom), |
| --- | --- |

—

Shell Overseas Investments B.V. (‘SOI’, the Netherlands), a subsidiary of Royal Dutch Shell plc (‘Shell’, United Kingdom),

| — | Next Kraftwerke GmbH (‘NXK’, Germany). |
| --- | --- |

—

Next Kraftwerke GmbH (‘NXK’, Germany).

Shell acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of NXK.

The concentration is accomplished by way of purchase of shares.

2.

| — | for Shell: a global group of energy and petrochemical companies with businesses including oil and gas exploration, production, manufacturing, marketing and shipping of oil products and chemicals, and renewable energy products, |
| --- | --- |

—

for Shell: a global group of energy and petrochemical companies with businesses including oil and gas exploration, production, manufacturing, marketing and shipping of oil products and chemicals, and renewable energy products,

| — | for NXK: an electricity aggregator and trader with subsidiaries in several European countries. It is specialised in the direct selling of electricity from renewable energy sources. |
| --- | --- |

—

for NXK: an electricity aggregator and trader with subsidiaries in several European countries. It is specialised in the direct selling of electricity from renewable energy sources.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10170 — Shell/NXK

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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OTHER ACTS

European Commission

| 27.4.2021 | EN | Official Journal of the European Union | C 149/11 |
| --- | --- | --- | --- |

27.4.2021

EN

Official Journal of the European Union

C 149/11

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Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2021/C 149/06)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

SINGLE DOCUMENT

’Jászsági nyári szarvasgomba’

EU No: PGI-HU-02475 – 4 July 2018

PDO ( ) PGI (X)

1.   Name(s) [of PDO or PGI]

’Jászsági nyári szarvasgomba’

2.   Member State or Third Country

Hungary

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.6: Fruit, vegetables and cereals, fresh or processed.

3.2.   Description of the product to which the name in (1) applies

The protected geographical indication ‘Jászsági nyári szarvasgomba’ denotes the fresh local variety of the underground mushroom species of summer truffle (Tuber aestivum Vittad.) gathered in the designated geographical area.

Morphological characteristics of ‘Jászsági nyári szarvasgomba’:

The fruiting body varies in size: the minimum recommended marketing size is that of a walnut; there is no upper limit. The minimum weight of the fruiting body recommended for use is 40 g.

In most cases it has a more or less regular spherical shape, usually without any recess at the base of the tuber.

The colour of the outer shell ranges from blackish-brown to black. Its exterior is rough, covered with black surface scales, which are often large (312 mm), pyramid-shaped (5-7-sided), prominent, firm, sharp-edged, usually flattened on top, scored diagonally, striated lengthways, and attached firmly to the gleba.

The flesh inside the mushroom has a firm consistency and has white- to tan coloured streaks running through it. During ripening its colour is initially whitish, then a yellowy dirty grey, pale hazel, and finally deep chocolate brown. The well-ripened fruiting body is rather darker, a yellowy brown to red colour.

Organoleptic characteristics of ‘Jászsági nyári szarvasgomba’:

It has a unique, pleasant aroma. When collected, its aroma is initially reminiscent of cooked corn or roasted and fermented barley malt, accompanied by a pleasant scent of freshly mown grass. During harvesting and storage, the aroma changes, but it retains its distinctive pleasant scent of freshly mown grass.

The taste itself is intense, and more reminiscent of delicious walnut.

‘Jászsági nyári szarvasgomba’ grows from late May to late August, unlike other truffles, which can be picked until late November.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4.   Specific steps in production that must take place in the identified geographical area

The mushroom must be grown and gathered in the production area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6.   Specific rules concerning labelling of the product the registered name refers to

—

4.   Concise definition of the geographical area

The production area for ‘Jászsági nyári szarvasgomba’ encompasses the administrative area of the following municipalities: Jászivány, Jászkisér, Jászdózsa, Jászapáti, Jászágó, Jászárokszállás, Jászjákóhalma, Jásztelek and Jászszentandrás, as well as the municipalities of Besenyszög and Újszász, which are adjacent to the Jászság region, despite not forming a contiguous production area, since they encompass the area where ‘Jászsági nyári szarvasgomba’ occurs naturally, i.e. which has the type of soil suited to growing it.

5.   Link with the geographical area

The link between ‘Jászsági nyári szarvasgomba’ and the geographical area is based on the product’s reputation and quality.

Specificity of the geographical area

The Jászság lies in the administrative area of Jász-Nagykun-Szolnok County in the north-western corner of the Great Hungarian Plain. It forms part of the Central Tisza region, and is located between the Zagyva and Tarna rivers, which are tributaries of the Tisza. In geological and botanical terms, it is a natural sub-region that forms part of the Tisza plain. It takes its name from the Jász (Jassic) people who settled here in the 13th century.

‘Jászsági nyári szarvasgomba’ grows naturally in the root system mainly of oak, hazel and hornbeam trees, but it also grows in plantations, known as ‘Trifla’ (truffle) gardens. The truffle gardens of the Jászság are typically found in oak woods.

The specific characteristics of ‘Jászsági nyári szarvasgomba’ are shaped by the natural soil properties and the composition of the plant species that typify the area. Most of this sub-region, which forms a rich surface-water basin, has a high groundwater level, which, together with the black chernozem soil, provides a unique opportunity for ‘Jászsági nyári szarvasgomba’ to grow.

The soil conditions of the Jászság are extremely favourable for planting and growing summer truffles. The salinising solonetz soil to the east of the region, extending down to the Tisza river, is covered by meadow and alluvial soils of varied composition, pH-neutral or weakly basic, hard, clayey but humus-rich soil, which has a chernozem soil cover.

Specificity of the product

The fruiting body of ‘Jászsági nyári szarvasgomba’ has a relatively regular shape and grows abundantly and evenly. This is thanks to the common oak forests found in the Jászság region, the excellent-quality chernozem soil typical of the pre afforestation steppe, the high ground water level close to the surface, the climate, and coexistence with other plant species.

During ripening, the mushroom exudes a unique, increasingly full-bodied and strong aroma of freshly mown grass and cooked corn, which may be mixed with other scents, depending on the production area: smoky undergrowth, hazelnut, tobacco, marzipan, or dark chocolate.

Another interesting characteristic that sets the mushroom apart is that it is at its best between July and mid-August. Unlike other Hungarian or foreign summer truffles, ‘Jászsági nyári szarvasgomba’ is usually over by mid- to late August. Truffle picking may be in full swing in other areas at this time, but those truffles will have a different quality and aroma. During this period, ‘Jászsági nyári szarvasgomba’ will have a pleasant scent of hay, and the fruiting body will be a more marketable size.

Link between the geographical area and the product’s quality and reputation

Thanks to the humus-rich chernozem soil and the plant communities that have developed here, more cumarin is produced in this area during the entire vegetation period, giving ‘Jászsági nyári szarvasgomba’ the scent of freshly mown grass. The aroma, which changes continuously during ripening, becoming more full-bodied and strong, is formed mainly as a result of the region’s humus-rich chernozem cover.

Thanks to artificial afforestation, habitats producing excellent-quality truffles are developing in the Jászság, where they coexist with protected orchid species, which also have a beneficial influence on the distinctive aroma of ‘Jászsági nyári szarvasgomba’.

To preserve the traditions of Hungarian truffle gatherers, the country’s first, and Europe’s second, truffle museum was opened in Jászszentandrás in 2002. Each year, the Magyar Szarvasgombász Szövetség [Hungarian Truffle Gatherers’ Federation] holds an event to mark the start of the season. Jászszentandrás holds the honorary title of Hungary’s truffle capital. The Jászsági Hollós László Trifflász Egyesület [Jászság László Hollós Truffle Gatherers’ Association] was founded here in 2004, with the aim of protecting natural habitats and helping to regulate truffle-gathering by law. For the past five years, the International Police Association (IPA) and the local authority, as well as the Hungarian Truffle Gatherers’ Federation and the Szent László Szarvasgomba Lovagrend (St Leslie Order of Knights of the Truffle), have joined forces to organise a cooking competition for truffle-based dishes, which enjoys increasing popularity. At the competition, the organisers give each competitor one ‘Jászsági nyári szarvasgomba’ truffle.

‘Jászsági nyári szarvasgomba’ is also commonly known by other epithets, such as ‘Jászság black pearl’, ‘Jászság gold’, or ‘Jász truffle’, which shows the high regard in which the product is held in the region. These titles are also increasingly common in the media.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://gi.kormany.hu/foldrajzi-arujelzok

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(1)  OJ L 343, 14.12.2012, p. 1.

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