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I Information

Commission

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Euro exchange rates (1)

24 February 2006

(2006/C 47/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(2006/C 47/02)

(Text with EEA relevance)

Aid number: XS 30/2001

Member State: Italy

Region: Marche

Title of aid scheme: Regional Law 9.5.2001 n. 5 — amendments of the regional law 28.10.1991, n.33 — ‘Measures and improvements of the touristic offers of the Region’

Legal basis: Legge regionale 9 maggio 2001 n. 5

Annual expenditure planned under the scheme: EUR 250 000 for 2003

EUR 250 000 for 2004

EUR 250 000 for 2005

EUR 250 000 for 2006

Maximum aid intensity: 15 % gge for small enterprises and 7,5 % gge for medium-sized enterprises; in areas qualifying for exemption under Article 87(3)(c) of the EC Treaty, 8 % nge + 10 % gge for small enterprises and 8 % nge + 6 % gge for medium-sized enterprises

Date of implementation: From 2001

Duration of scheme: Regulation (EC) No 70/2001 is to expire on 31 December 2006; this scheme is to continue beyond that, but the Region of Marche undertakes to amend it to ensure that it complies with any new Community guidelines

Objective of aid: The scheme provides for both grants and interest subsidies for investment in tourism, in accordance with the definitions in Article 2 of Regulation (EC) No 70/2001

Economic sector(s) concerned: SMEs operating in tourism

Name and address of granting authority: 

Aid No: XS 122/04

Member State: Italy

Region: Marche

Title of aid scheme: Single Programming Document Objective 2 2000-2006 — Measure 1.1 Aid to productive and environmental investment by small and medium-sized industrial and craft firms, Submeasure 1.1.1 Aid to productive investment by small and medium-sized industrial firms, assistance b2 Law 598/94, Article 11 — Investment subsidies for technological innovation, environmental protection, organisational innovation, commercial innovation and safety at work

Legal basis: Docup Ob. 2 2000-2006

Annual expenditure planned: Ordinary aid:

EUR 788 835,00 for 2001

EUR 831 006,00 for 2002

EUR 989 370,60 for 2003

Total: EUR 2 609 211,60

Transitional aid:

EUR 268 149,60 for 2001

EUR 431 879,10 for 2002

EUR 402 292,20 for 2003

Total: EUR 1 102 320,90

Ordinary aid

EUR 3 028 405,00 for 2004

EUR 3 221 452,00 for 2005

EUR 1 600 855,00 for 2006

Transitional aid:

EUR 411 207,00 for 2004

EUR 32 622,00 for 2005

Maximum aid intensity: In accordance with Regulation (EC) No 70/2001, the following rates of aid will be applied: 15 % gge for small firms and 7,5 % gge for medium-sized firms; in areas qualifying for exemption under Article 87(3)(c) of the EC Treaty, 8 % nge + 10 % gge for small firms and 8 % nge + 6 % gge for medium-sized firms

Date of implementation: In accordance with Commission guidelines, aid will be granted for costs incurred by the final recipient from the date of publication of the call for applications.

Only expenditure incurred after the date on which the aid application was submitted is eligible

Duration of scheme: The scheme shall be implemented for the same length of time as SPD Objective 2 2000-06

Objective of aid: The aid is intended for small and medium-sized industrial firms in Objective 2 and phasing-out areas in the Marche

Economic sectors concerned: Sections C, D, E and F of the 1991 Italian Statistical Office (ISTAT) classification of economic activities, subject to the exclusions and limitations laid down by the Community rules on state aid (including export aid and aid to the motor manufacturing industry).

Activities involving the production, processing or marketing of the goods listed in Annex I to the EC Treaty are excluded

Name and address of the granting authority: 

Other information: Amendment to the duration of aid XS 140/2003

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001, as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004, on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(2006/C 47/03)

(Text with EEA relevance)

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid, as amended by Commission Regulation (EC) No 363/2004 of 25 February 2004

(2006/C 47/04)

(Text with EEA relevance)

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(2006/C 47/05)

(Text with EEA relevance)

Aid number: XT 27/01

Member State: Italy

Region: Marche

Title of aid scheme: Regulation (EC) No 68/2001 — Approval of State aid schemes for vocational training — Mechanisms for implementing and financing vocational training measures for workers in employment

Legal basis: Deliberazione della Giunta regionale n. 1045 del 22.5.2001

Annual expenditure planned up to 31 December 2006: LIT 70 billion

Maximum aid intensity: 

The percentages referred to above are increased by 10 percentage points for training for disadvantaged workers, defined as follows:

Where the aid is granted in the maritime transport sector, it may reach an intensity of 100 %, regardless of whether the training project concerns specific or general training, provided that the trainee is not an active member of the crew but supernumerary on board, and the training is carried out on board ships entered on Community registers

Date of implementation: June 2001

Duration of scheme: 

Objective of aid: The scheme applies both to specific training and to general training. ‘General’ training is training which is not applicable only or principally to the employee's present or future position in the assisted firm but which provides qualifications that are largely transferable to other firms or fields of work and thereby substantially improves the employability of the employee.

The following are considered general training:

inter-enterprise training, i.e. training organised jointly by different independent enterprises (under the Community rules defining SMEs) or in which employees of different enterprises may take part;

training within a single firm if the matter covered is within the profiles set out in the tabulation of qualifications and job descriptions maintained by the Region, or within profiles whose insertion has been applied for

Economic sector(s) concerned: All sectors

Name and address of granting authority: 

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STATE AID — BELGIUM

State aid No C 40/2005 (ex N 331/2005) — Ford Genk

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(2006/C 47/06)

(Text with EEA relevance)

By means of the letter dated 9 November 2005 reproduced in the authentic language on the pages following this summary, the Commission notified Belgium of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the training aid linked with the above-mentioned aid.

Interested parties may submit their comments on the training aid in respect of which the Commission is initiating the procedure within one month of the date of publication of this summary and the following letter, to:

These comments will be communicated to Belgium. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

TEXT OF SUMMARY

Procedure

The planned aid to Ford in Genk was notified to the Commission by letter dated 22 June 2005. The Commission requested further information by letter dated 27 July 2005, to which Belgium replied by letter registered on 15 September 2005.

Description

Beneficiary of the aid would be Ford-Werke GmbH in Genk, Belgium, which is part of the Ford Motor Company. At the end of 2003 the company announced an investment programme of about EUR 700 million, primarily devoted to a new flexible manufacturing system. As a result, the traditional production of the Mondeo model would be complemented with the next generation Galaxy and with a third vehicle.

The Belgian authorities propose to grant training aid amounting to EUR 12,28 million. for eligible costs covering a period of 3 years, from 2004 to 2006. The aid is to be granted as ‘ad hoc’ aid from the Vlaamse Gemeenschap. The total eligible costs of the training project are EUR 33,84 million. The programme includes elements of specific training amounting to EUR 25,34 million and general training measures amounting to EUR 8,5 million.

Assessment

At this stage, the Commission has serious doubts that the envisaged aid fulfils the conditions of the Regulation in two aspects. Firstly, as regards the eligibility of costs for the following concepts: ‘Training enablers’ (infrastructure for reading and socialising); personnel costs of the training department; ‘cascading’ (implementation of the beneficiary's ‘lean organisation system’); costs resulting from restructuring; costs resulting from launching of new models; expenses corresponding to the period before the notification. Secondly, as regards the proposed classification of general vs. specific training for ‘consultancy costs’ and ‘off-line personnel costs’.

Conclusion

In view of the doubts mentioned above, the Commission has decided to initiate the procedure laid down in Article 88(2) of the EC Treaty.

TEXT OF LETTER

‘Par la présente, la Commission a l'honneur d'informer la Belgique qu'après avoir examiné les informations fournies par vos autorités sur la mesure citée en objet, elle a décidé d'ouvrir la procédure prévue à l'article 88, paragraphe 2, du traité CE.

PROCÉDURE

DESCRIPTION DU PROJET

APPRÉCIATION DE L'AIDE

I.   Coûts admissibles

i)   “Locaux de formation”

ii)   Coûts de personnel du service Formation

iii)   Gestion “en cascade”

iv)   Coûts de restructuration et coûts de lancement

v)   Dépenses relatives à 2004

II)   Nature de la formation

DÉCISION

„Hierbij stelt de Commissie België ervan in kennis dat zij, na onderzoek van de door uw autoriteiten met betrekking tot de bovengenoemde steunmaatregel verstrekte inlichtingen, heeft besloten de procedure van artikel 88, lid 2, van het EG-Verdrag in te leiden.

PROCEDURE

BESCHRIJVING VAN HET PROJECT

BEOORDELING VAN DE STEUNMAATREGEL

I.   Subsidiabele kosten

i)   „Training enablers” (opleidingsruimten)

ii)   Personeelskosten van de dienst opleiding

iii)   „Cascading” (cascadeproces)

iv)   Herstructurerings- en opstartkosten

v)   Uitgaven met betrekking tot 2004

II.   Soort opleiding

BESLUIT

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(1)JO L 10 du 13.1.2001, p. 20.

(2)  Cette considération s'appliquerait également au poste “coûts de personnel du service formation”, si ces coûts étaient éventuellement considérés comme admissibles en vertu de l'article 4, paragraphe 7, du règlement (voir section I ci-dessus).

(3)PB L 10 van 13.1.2001, blz. 20.

(4)  Indien de „personeelskosten van de dienst opleiding” in aanmerking waren genomen als subsidiabele kosten overeenkomstig artikel 4, lid 7, van de verordening (zie afdeling I), dan zou voor deze kosten ook een soortgelijke opmerking kunnen worden gemaakt.

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2006/C 47/07)

(Text with EEA relevance)

Date of adoption of the decision: 

Member State: United Kingdom (England)

Aid No: N 144/2003

Title: Fishing Vessels (Decommissioning) Scheme 2003

Objective: To withdraw fishing vessels from the fleet in order to reduce effort on cod fishing by 15-20 %

Legal basis: Statutory Instrument

Aid intensity or amount: The applications will be considered on the basis of individual, competitive bids and will be selected those representing the highest benefit deriving from the bid. For vessels of 10 years or more the awards will be within the limits provided for under the Regulation 2792/1999 plus an additional 20 % scrapping premium. For vessels less than 10 years of age the ceilings will be increased by 1,5 % for each year less than 10 years of age

Duration: 2003-2004

Other information: Annual report

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision: 

Member State: United Kingdom (Scotland)

Aid No: N 155/2003

Title: The Sea Fishing (Transitional Support) (Scotland) (No 2) Scheme 2003

Objective: To provide economic compensation to vessels affected by reductions in fishing effort on cod stocks in the North Sea

Legal basis: Scottish Statutory Instrument

Budget: GBP 10 million (around EUR 15 million)

Aid intensity or amount: GBP 142 per Vessel Capacity Unit for vessels qualified for the entire period.

Duration: 1 March — 31 August 2003

Other information: Annual report

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision: 

Member State: Ireland

Aid No: N 340/2001

Title: Tax reliefs on investment in the whitefish fleet

Objective: To encourage capital investment into the whitefish fleet

Legal basis: Finance Act 2001

Budget: The actual monetary costs and benefits of the scheme will depend on the type and scale of the project, the taxation scale against which the relief is taken and the level of funding other than grant aid

Form of aid and intensity: Rates of assistance established on the basis of Council Regulation (EC) No 2792/1999, as amended by Council Regulation (EC) No 2369/2002 of 20 December 2002

Period of assistance: 2001, 2002, 2003, ending on 3 September 2004

Other information: Annual report

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision: 

Member State: Netherlands

Aid No: N 356/2003

Title: Safeguarding the interests of the fishery products landing sector

Objective: Financing advisory services for and safeguarding the interests of the fishery products landing sector

Legal basis: 

Budget: Between EUR 50 and EUR 100 000 per year

Duration: 2003 and subsequent years

Rate of aid/amount: Within the limits laid down in the Guidelines for the examination of State aid to fisheries and aquaculture (OJ C 19, 20.1.2001, p. 7)

Other details: Annual report

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision: 

Member state: Spain

Aid no: N 574/2002

Title: Agreement with Morocco — Conversion of the fishing fleet (Valencia)

Objective: To promote conversion of vessels and redeployment of fishermen dependent, until 1999, on the fisheries agreement with Morocco

Legal basis: Orden de la Conselleria de Agricultura, Pesca y Alimentación por la que se establecen determinados requisitos y condiciones que afectan a la reconversión de los buques y pescadores por la finalización del Acuerdo de pesca con Marruecos

Budget: EUR 1 500 000

Aid intensity or amount: Criteria and scales laid down in Council Regulations (EC) Nos 2792/1999 and 2561/2001

Duration: 2002-03

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of the decision: 

Member state: Italy

Aid no: N 702/2002

Title: Measures implemented by the industry. Fisheries sector

Objective: Implementation of structural measures by those involved in the fishing industry included in the Community support framework

Legal basis: Circolare applicativa della normativa CE in materia di OO.PP. e Associazioni di OO.PP. (Ministero delle Politiche Agricole e Forestali)

Budget: EUR 5 286 000

Aid intensity or amount: According to the rates set in Council Regulation (EC) No 2792/99

Duration: 2000-2006

Other information: Annual report

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of the decision: 

Member state: Portugal

Aid no: NN 92/2002

Title: Temporary stopping of fishing for sardine — Fisheries sector

Objective: To compensate fishermen and the owners of fishing vessels for the temporary suspension of fishing for sardine (Sardina pilchardus) owing to an unforeseeable biological development in the northern region (exceptional abundance of juveniles) and the resulting ban on fishing with a view to the recovery of the spawning biomass

Legal basis: Portaria no. 123-B/2002, de 8 de Fevereiro, que estabelece o Regulamento de apoio à cessação temporária da actividade das embarcações de pesca dirigida à sardinha

Budget: EUR 1 200 000

Duration: Two months during 2002

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

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Prior notification of a concentration

(Case COMP/ M.4095 — Deutsche Telekom/Corpus/Morgan Stanley/Sireo)

Candidate case for simplified procedure

(2006/C 47/08)

(Text with EEA relevance)

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

(2)OJ C 56, 5.3.2005, p. 32.

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Prior notification of a concentration

(Case COMP/M.4157 — Wendel Investissement/Groupe Materis)

(2006/C 47/09)

(Text with EEA relevance)

----

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

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Prior notification of a concentration

(Case COMP/M.4104 — Aker Yards/Chantiers de l'Atlantique)

(2006/C 47/10)

(Text with EEA relevance)

----

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

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Prior notification of a concentration

(Case COMP/M. 4131 — Bain Capital/Texas Instruments)

Candidate case for simplified procedure

(2006/C 47/11)

(Text with EEA relevance)

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

(2)OJ C 56, 5.3.2005, p. 32.

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European Data Protection Supervisor

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Opinion of the European Data Protection Supervisor on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (COM (2005) 475 final)

(2006/C 47/12)

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,

Having regard to the request for an opinion in accordance with Article 28 (2) of 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.

HAS ADOPTED THE FOLLOWING OPINION:

I.   PRELIMINARY REMARKS

Consultation of the EDPS

The importance of the present proposal

A contribution to the success of the cooperation itself

Respect of the principles of data protection, combined with an additional set of rules

The context of Title VI of the Treaty on the European Union

II.   THE CONTEXT: EXCHANGE OF INFORMATION UNDER THE AVAILABILITY PRINCIPLE, DATA RETENTION AND THE SPECIFIC FRAMEWORKS OF SIS II AND VIS

II.1   The principle of availability

II.2   Data retention

II.3   Processing in the framework of SIS II and VIS

III.   THE HEART OF THE PROPOSAL

III.1   Common standards applicable to all processing

The starting point

Common standards

Applicable to all processing

III.2   The legal basis

III.3   Specific remarks on the scope of the proposal

Personal data processed by judicial authorities

Processing by Europol and Eurojust (and the Customs Information System)

III.4   Structure of the proposal

IV.   ANALYSIS OF THE ELEMENTS OF THE PROPOSAL

IV.1   Starting points of the analysis

IV.2   Purpose limitation and further processing

Further processing for purposes within the scope of the Framework Decision

Further processing for purposes outside the scope of police and judicial cooperation

IV.3   Criteria for making data processing legitimate

IV.4   Necessity and proportionality

IV.5   Processing of special categories of data

IV.6   Accuracy and reliability

Verification of data quality

The distinction between different categories of data

IV.7   Time limits for the storage of personal data

IV.8   Exchanges of personal data with third countries

Transfers of personal data to third countries

Exceptional transfers to non adequate countries

Processing of personal data received from third countries

IV.9   Exchanges of personal data with private parties and non law enforcement authorities

Access and further use of personal data controlled by private parties

IV.10   Rights of the data subject

Automated individual decisions

IV.11   Security of processing

Logging of data

IV.12   Judicial remedies, liability and sanctions

IV.13   Control, supervision and advisory tasks

IV.14   Other provisions

Schengen Convention

Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

Convention 108 of the Council of Europe for the protection of individuals with regard to automatic processing of personal data

Final issues

V.   CONCLUSIONS

A considerable step forwards

Common standards

Applicable to all processing

In relation to other legal instruments

Structure of the proposal

Purpose limitation

Necessity and proportionality

Exchanges of personal data with third countries

Exchanges of personal data with private parties and non law enforcement authorities.

Special categories of data

The distinction between different categories of data

Automated individual decisions

Selection of other recommendations

Done at Brussels on 19 December 2005,

Peter HUSTINX

European Data Protection Supervisor

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(1)  P. 18 of the programme.

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

(3)  Initiative of the Kingdom of Sweden with a view to adopting a Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union, in particular as regards serious offences including terrorist acts (OJ, C 281).

(4)  On the basis of the proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC (COM (2005) 438 final

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

(6)  In 1987, the Council of Europe issued a Recommendation No R (87) 15 regulating the use of personal data in the police sector, but this recommendation is by nature not binding to the Member States.

(7)  See in the same sense ‘The EDPS as an advisor to the Community Institutions on proposals for legislation and related documents’, 18 March 2005, published on www.edps.eu.int.

(8)  Opinion of the European Data Protection Supervisor on the proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC (COM(2005) 438 final), published on www.edps.eu.int

(9)  Par. 2.2.4 of the opinion.

(10)  Council of Europe's Convention for the protection of individuals with regard to automatic processing of personal data, 28 January 1981.

(11)  Proposal for a Council Decision concerning the access for consultation to the Visa Information System to authorities in Member States responsible for internal security and to Europol for the purposes of the prevention, detection and investigation of terrorist offences and other serious criminal offences (COM (2005) 600 final), issued on 24 November 2005. The EDPS intends to issue an opinion on this proposal in the beginning of 2006.

(12)  The EDPS refers to the same reasoning by the Court in (inter alia) its judgement in Österreichischer Rundfunk and Others, Joined cases C-465/00, C-138/01 and C-139/01, ECR [2003], p. I-4989.

(13)  See in the same sense, the Opinion of the EDPS of 26 September 2005 on the Proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC, point 33.

(14)  Judgment of the Court of 16 June 2005, Pupino, Case C-105/03.

(15)  The provision could be similar to the provision in Article 46 of Regulation 45/2001/EC.

(16)  The Customs Information System is a small but rather complicated system consisting of national and supranational elements, comparable to the Schengen Information System. Given the relatively limited importance of the present proposal for the Customs Information System and the complexity of the system itself, it will be left aside in this opinion. The EDPS will deal with the Customs Information System in another context.

(17)  In addition, this would not be in line with Council of Europe's Recommendation No.R (87) 15 of the Committee of Ministers to Member States regulating the use of personal data in the police sector. In particular, Principle 7.2 provides that ‘regular checks’ on the quality of personal data should be established in agreement with the supervisory authority or in accordance with domestic law.

(18)  See, more specific, point 94 of this opinion.

(19)  The decision of the Council 2005/876/JHA on the exchange of information extracted from the criminal record entered into force on 9 December. The decision adds to and facilitates existing mechanisms to transmit information referring to sentences based on existing conventions, such instruments as the European Convention on judicial assistance in criminal matters of 1959 and on the 2000 Convention on judicial assistance in criminal matters between the Member States. This text will later be replaced by a more precise Framework decision of the Council. The Commission envisages to propose a new Framework Decision in this area..

(20)  Besides the general provision on time limits for the storage of personal data, laid down by Article 7, the proposal lays down further specific provisions concerning personal data exchanged with other Member States. In particular, Article 9.7 establishes that personal data shall be deleted when:

(21)  One could consider a limitation to the fight of terrorism and/or the specific public interests mentioned in Article 4 (1) (e): historical, statistical or scientific use.

(22)  For an example, see the recent Commission's Communication on ‘A Strategy on the External Dimension of the Area of Freedom, Security and Justice’ (COM(2005) 491 Final).

(23)  The Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows, was signed on 8/11/2001 and entered into force on 1/7/2004. This binding international law instrument has been signed so far by 11 States (9 of which are EU Members). Article 2.1 of the Protocol lays down the general principle that ‘Each Party shall provide for the transfer of personal data to a recipient that is subject to the jurisdiction of a State or organisation that is not Party to the Convention only if that State or organisation ensures an adequate level of protection for the intended data transfer’.

(24)  UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed by all EU Member States and entered into force on 26 June 1987. In particular, Article 15 states that ‘Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made’.

(25)Position paper on Law Enforcement & Information Exchange in the EU, adopted at the Spring Conference of European Data Protection Authorities, Krakow, 25-26 April 2005

(26)  See Commission Legislative and Work Programme 2006 COM(2005) 531 final

(27)  For example, a phone bill will be reliable for commercial purposes as long as it correctly states which phone calls have been made; anyway, the same phone bill might not be fully relied upon by law enforcement authorities as conclusive evidence about who made a specific phone call.

(28)  According to the recitals of the Directive ‘Issues of access to data retained pursuant to this Directive by national public authorities for such activities as are referred to in the first indent of Article 3(2) of Directive 95/46/EC fall outside the scope of Community law. However, they may be the subject of national law, or action pursuant to Title VI of the Treaty on European Union, always noting that such laws or action must fully respect fundamental rights as they result from the common constitutional traditions of the Member States and as they are guaranteed by the ECHR. Article 8 ECHR, as interpreted by the European Court of Human Rights...’

(29)  In particular, Chapter IV deals with the right of information (Articles 19 and 20) and the right of access, rectification, erasure or blocking (Article 21). In general, these articles provide data subjects with all the rights that are usually guaranteed by EU data protection law, while laying down a series of exceptions aimed at taking into account the peculiarities of the third pillar. In particular, restrictions to data subjects' rights are allowed by almost identical provisions laid down with regard to both right to information (Articles 19.2 and 20.2) and right to access (Article 21.2).

(30)  See, in the same sense, the opinion of the EDPS on the Proposal for a Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay-visas, COM(2004) 835 final, published on www.edps.eu.int

(31)  This is in line with the provisions laid down by Article 18 of the proposal, according to which the transmitting authority will be informed on request about the further processing of the personal data transmitted or made available, and by Article 24, implementing the security measures, also in the light of the proposed systematic self-auditing of these measures.

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III Notices

Commission

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GR-Elliniko: operation of scheduled air services

Invitation to tender for contracts for the operation of scheduled air routes subject to public service obligations, issued by the Hellenic Republic under Article 4(1)(d) of Council Regulation (EEC) No 2408/92

(2006/C 47/13)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, the Greek Government has decided to impose a public service obligation from 1.4.2006 in respect of scheduled services on the following routes:

Athens-Kithira,

Athens-Naxos,

Athens-Paros,

Athens-Karpathos,

Athens-Sitia,

Athens-Skiathos,

Thessaloniki-Kerkira (Corfu),

Rhodes-Kos-Leros-Astypalea,

Kerkira (Corfu)-Aktio-Kephalonia-Zakinthos.

The stipulations of the public service obligation were published in the Official Journal of the European Union C 46 of 24.2.2006 and C 164 of 10.7.2002, p. 16.

If, by 1.3.2006, no air carrier has declared to the Civil Aviation Authority that it intends to operate scheduled flights on one or more of the above routes from 1.4.2006 in accordance with the stipulations of the public service obligation for the route or routes concerned and without financial compensation, Greece has decided that, under the procedure laid down in Article 4(1)(d) of the said Regulation, it will initiate the procedure to limit access to one or more of the above routes (as stated in the next article) to a single air carrier for 3 years and to offer the right to operate the routes concerned from 1.4.2006 by public tender.

2.   Object of the invitation to tender: The exclusive right to operate scheduled air services, subject to public service obligations for 3 years from 1.4.2006, on the following routes:

Athens-Kithira,

Athens-Naxos,

Athens-Paros,

Athens-Karpathos,

Athens-Sitia,

Athens-Skiathos,

Thessaloniki-Kerkira (Corfu),

Rhodes-Kos-Leros-Astypalea,

Kerkira (Corfu)-Aktio-Kephalonia-Zakinthos.

Services on these routes are to be operated in accordance with the stipulations of the corresponding public service obligation, published in the Official Journal of the European Communities C 46 of 24.2.2006 and C 164 of 10.7.2002, p. 16.

Tenders may be submitted for one or more of the above routes. However, all tenders shall be submitted separately for each of the above routes.

Because of the special nature of the air routes concerned, air carriers must be able to demonstrate that cabin crew serving passengers on the above routes speak and understand Greek.

3.   Participation in the tender procedure: All air carriers holding a valid operating licence issued by a Member State pursuant to Council Regulation (EEC) No 2407/92 on licensing of air carriers may take part in the tender procedure.

4.   Tender procedure: This tender procedure is subject to the provisions of Article 4(1)(d) and (i) of Council Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes and to the provisions of Presidential Decree 346/98 aligning Greek legislation on public service contracts with the provisions of Council Directive 92/50/EEC of 18.7.1992, as amended by Presidential Decree 18/2000.

In an emergency, if it is decided to repeat the tender procedure (on account of the unsuccessful outcome of the initial procedure), the Ministry of Transport and Communications may take the necessary measures to ensure that the vital air transport needs of a particular remote region are covered, provided such measures are in line with the principles of non-discrimination, proportionality and transparency and will not last for more than 6 months.

Moreover, should only one tender be submitted, and should that tender be considered financially unacceptable, the negotiations procedure may be followed.

Bidders shall be bound by the tenders they have submitted until the contracts are awarded.

5.   Tender dossier: The full tender dossier, setting out the specifications, the supporting documents required for participation and other information is available free of charge from the Hellenic Civil Aviation Authority, Directorate for Air Operations, Vas. Georgiou 1, GR-166 04 Elliniko. Tel. (30-210) 891 61 49 or fax (30-210) 894 71 01.

6.   Financial compensation: Tenders must explicitly state the fee required per quarter for operating each route for 3 years from the proposed date of commencement of operations (with an annual breakdown of the accounts as stated in the specifications). The financial compensation will be paid on a quarterly basis 30 days after the date of the corresponding invoice issued by the air carrier by means of a transfer to the account which the air carrier shall hold at a bank recognised in Greece. The exact amount of the compensation will be determined on the basis of the flights actually operated, a certificate from the relevant bodies of the Civil Aviation Authority stating that the terms of the contract have been properly complied with, and the amount of compensation due ‘pro rata’.

7.   Selection criterion: For each route covered by the invitation to tender, the criterion for choosing between the air carriers judged to be in a position to provide services on that route smoothly and in accordance with the stated requirements shall be the lowest figure for the total financial compensation sought in respect of that route.

8.   Duration, amendment and annulment of the contract: The contract will apply from 1.4.2006 and expire on 31.3.2009.

Any amendment to the contract must comply with the public service obligation published in the Official Journal of the European Communities C 46 of 24.2.2006 and C 164 of 10.7.2002, p. 16. All amendments to the contract must be in writing.

If there is any unexpected change in the operating conditions, the amount of the compensation may be reviewed.

Each contracting party may terminate the contract by giving 6 months' advance notice. If there are particularly serious grounds or if the air carrier has failed to comply properly with the contractual terms relating to the public service obligation, the awarding authority may terminate the contract without giving advance notice. The contract shall also be deemed to have terminated automatically if the contractor's operating licence or air operator's certificate (AOC) is suspended or revoked.

9.   Penalties for failure to abide by the terms of the contract: The air carrier shall be responsible for complying properly with the terms of the contract.

The number of flights cancelled for reasons for which the air carrier is responsible may not exceed 2 % of the total annual number of flights. In such cases, the amount of the financial compensation shall be reduced pro rata.

In the event of failure to discharge all or part of the contractor's obligations under the contract for reasons which do not constitute ‘force majeure’ (other than the case where the number of flights cancelled is less than 2 % of the total annual number of flights, referred to in the preceding paragraph), the awarding authority will be entitled to impose the following penalties:

where the number of flights cancelled on a given route exceeds 2 % of the total annual number of flights scheduled, the financial compensation payable in respect of that route (for the flights actually operated during the quarter) will be further reduced by an amount equal to that which would have applied had the flights been operated normally,

where the failure concerns the weekly number of seats actually offered during the quarter, the financial compensation will be reduced in proportion to the number of seats not offered,

where the failure concerns the fares charged, the financial compensation will be reduced in proportion to the difference between the fares charged and the required fares,

in the event of any other failure to honour the terms of the contract, the fine provided for in the airport regulations will be imposed,

where the contractor commits the same error for the third time in the same quarter on the same route, in addition to the above penalties, the forfeiture in whole or in part of the letter of guarantee of proper performance of the terms of the contract corresponding to that route may be demanded as a forfeit clause, following written notification from the Civil Aviation Authority to the contractor and provided the contractor does not adduce sufficient evidence that he is not to blame. In deciding whether to impose the penalties provided for in this point, account will be taken of the seriousness of every failure which has been ascertained, and the principle of proportionality will be applied.

The awarding authority may also demand compensation for damage caused.

10.   Submission of tenders: Tenders must be sent in 5 copies by registered post with recorded delivery or be delivered by hand with recorded delivery to the following address:

Ministry of Transport and Communications, Civil Aviation Authority, Directorate-General for Air Transport, Directorate for Air Operations, Section II, Vasileos Georgiou 1, GR-16604 Elliniko.

The closing time and date for the submission of tenders shall be 12:00 on the 32nd day following the date of publication of this invitation to tender in the Official Journal of the European Union. Tenders sent by post must be received by the time and date stated above, as certified by the record of delivery.

11.   Validity of the invitation to tender: This invitation to tender shall be valid provided that, by 1.3.2006, no Community air carrier has declared (by submitting a flight plan to the Civil Aviation Authority) its intention of operating scheduled flights on one or more of the above-mentioned routes from 1.4.2004, in accordance with the public service obligation imposed and without receiving financial compensation.

In any event, the invitation to tender shall continue to have effect in respect of those routes for which no air carrier has declared an interest as above by 1.3.2006 on the terms stated above.

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P-Lisbon: operation of scheduled air services

Corrigendum to invitation to tender issued by Portugal under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Lisbon/Bragança and Bragança/Vila Real/Lisbon

(Supplement to the Official Journal of the European Union No S 25 of 7.2.2006, open procedure, 27011-2006)

(Official Journal of the European Union C 32 of 8.2.2006)

(2006/C 47/14)

(Text with EEA relevance)

1.   Introduction: In pursuance of Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Portugal has decided to amend the public service obligations imposed in respect of scheduled air services operated between Lisbon/Bragança and Bragança/Vila Real/Lisbon.

Insofar as by 8 March 2006 no air carrier has begun or is about to begin operating scheduled air services on the abovementioned routes in accordance with the public service obligations imposed and without requesting financial compensation, Portugal has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to limit access to those routes to one air carrier only and to offer by public tender the right to operate those services from 28 August 2006.

2.   Object of invitation to tender: Operation from 28 August 2006 of scheduled air services between Lisbon/Bragança and Bragança/Vila Real/Lisbon.

These services will be provided in accordance with the public service obligations imposed on those routes and published in the Official Journal of the European Union C 30 of 7.2.2006.

Please note that, given the special nature of these services, air carriers will have to demonstrate their capacity to operate the service in question with a cabin crew the majority of whom can speak and understand Portuguese.

3.   Participation: All air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers, and an appropriate air carrier's certificate, can operate these services.

4.   Procedure: This invitation to tender is subject to points d, e, f, g, h and i of Article 4(1) of Regulation (EEC) No 2408/92.

5.   Tender dossier: The complete tender dossier, comprising the specific rules governing the invitation to tender, may be obtained at the price of EUR 100 from: Instituto Nacional da Aviação Civil, Rua B, Edifícios 4, 5 e 6, Aeroporto da Portela 4, P-1749-034 Lisbon.

6.   Financial compensation: Tenders submitted must explicitly indicate the amount required by way of compensation for operating the service for 3 years from the scheduled starting date (with an annual breakdown). If the tenders include the operation of flights at weekends, these should not entail any increase in the financial contribution to be borne by the Member State. The financial impact resulting from the operation of flights at weekends (not to be borne by the Member State) will have to be duly explained and justified in the proposal of the tenderer.

The exact amount of compensation finally granted will be determined annually ‘ex post’ on the basis of the proven costs and revenue actually generated by the service, within the limits of the amount given in the tender.

7.   Fares: Tenderers' bids must indicate the planned fares, which must be in accordance with the public service obligations published in the Official Journal of the European Union C 30 of 7.2.2006.

8.   Duration, amendment and termination of contract: The contract shall enter into force on 28 August 2006 and end on 27 August 2009. The performance of the contract shall be subject to an annual examination, in cooperation with the carrier, during June and July. The amount of the financial compensation may be revised in the event of unforeseen changes in the operating conditions.

9.   Penalties: Should the carrier be unable to operate the service owing to ‘force majeure’, the amount of the financial compensation may be reduced in proportion to flights not operated.

Should the carrier fail to operate the service for reasons other than ‘force majeure’ or if he fails to fulfil the public service obligations, the Portuguese authorities may:

reduce the amount of the financial compensation in proportion to flights not operated,

request explanations from the carrier and, should these prove unsatisfactory, terminate the contract without notice and claim compensation for damages.

10.   Submission of tenders: 

11.   Validity of invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier eligible to operate the service in question presents by 8 March 2006 an application to operate the routes in question as from 28 August 2006, in accordance with the public service obligations imposed, without receiving any financial compensation.

Where one or more carriers apply, by 8 March 2006, to operate these services, satisfying the public service obligations and without requesting compensation, this invitation to tender shall lapse.

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NOTICE

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