# Official Journal C 160/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.160.eng |
| --- | --- |
| Official Journal
  of the European Union | C 160 |
| | |
| English edition | Information and Notices | Volume 556 June 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.160.eng

Official Journal

of the European Union

C 160

English edition

Information and Notices

Volume 556 June 2012

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Data Protection Supervisor |
| 2012/C 160/01 | Opinion of the European Data Protection Supervisor on the proposal for a Council decision on a Union position within the EU-US Joint Customs Cooperation Committee regarding mutual recognition of the Authorised Economic Operator Programme of the European Union and the Customs-Trade Partnership Against Terrorism Program of the United States | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

2012/C 160/01

Opinion of the European Data Protection Supervisor on the proposal for a Council decision on a Union position within the EU-US Joint Customs Cooperation Committee regarding mutual recognition of the Authorised Economic Operator Programme of the European Union and the Customs-Trade Partnership Against Terrorism Program of the United States

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 160/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 8 |
| 2012/C 160/03 | Communication from the Commission relating to the available quantity for the September 2012 subperiod in the framework of certain quotas opened by the European Union for products in the rice sector | 11 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 160/02

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

8

2012/C 160/03

Communication from the Commission relating to the available quantity for the September 2012 subperiod in the framework of certain quotas opened by the European Union for products in the rice sector

11

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 160/04 | Euro exchange rates | 12 |
| 2012/C 160/05 | Information provided by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of standards and technical regulations and rules on information society services — Statistics on technical regulations notified in 2011 under the Directive 98/34/EC notification procedure | 13 |
| 2012/C 160/06 | New national side of euro coins intended for circulation | 18 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 160/04

Euro exchange rates

12

2012/C 160/05

Information provided by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of standards and technical regulations and rules on information society services — Statistics on technical regulations notified in 2011 under the Directive 98/34/EC notification procedure

13

2012/C 160/06

New national side of euro coins intended for circulation

18

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2012/C 160/07 | Notice of initiation of a review of the anti-dumping measures in force on imports of certain iron or steel fasteners originating in the People's Republic of China, following the recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation on 28 July 2011 in the EC-Fasteners dispute (DS 397) | 19 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 160/08 | Prior notification of a concentration (Case COMP/M.6612 — Vitol/AtlasInvest/Petroplus Marketing) — Candidate case for simplified procedure (
  1
  ) | 22 |
| | OTHER ACTS |
| | European Commission |
| 2012/C 160/09 | Notice concerning a request in accordance with to Article 30 of Directive 2004/17/EC — Deadline extension — Request from a contracting entity | 23 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2012/C 160/07

Notice of initiation of a review of the anti-dumping measures in force on imports of certain iron or steel fasteners originating in the People's Republic of China, following the recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation on 28 July 2011 in the EC-Fasteners dispute (DS 397)

19

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 160/08

Prior notification of a concentration (Case COMP/M.6612 — Vitol/AtlasInvest/Petroplus Marketing) — Candidate case for simplified procedure (
  1
  )

1

22

OTHER ACTS

European Commission

2012/C 160/09

Notice concerning a request in accordance with to Article 30 of Directive 2004/17/EC — Deadline extension — Request from a contracting entity

23

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

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EN

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I Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

| 6.6.2012 | EN | Official Journal of the European Union | C 160/1 |
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6.6.2012

EN

Official Journal of the European Union

C 160/1

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Opinion of the European Data Protection Supervisor on the proposal for a Council decision on a Union position within the EU-US Joint Customs Cooperation Committee regarding mutual recognition of the Authorised Economic Operator Programme of the European Union and the Customs-Trade Partnership Against Terrorism Program of the United States

2012/C 160/01

THE EUROPEAN DATA PROTECTION SUPERVISOR,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,

Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 7 and 8 thereof,

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1),

Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, and in particular Article 41 thereof (2),

HAS ADOPTED THE FOLLOWING OPINION:

I.   INTRODUCTION

I.1.   Consultation of the EDPS and aim of the Opinion

| 1. | On 5 January 2011, the Commission adopted a Proposal for a Council decision on a Union position within the EU-US Joint Customs Cooperation Committee regarding mutual recognition of the Authorised Economic Operator Programme of the European Union and the Customs-Trade Partnership Against Terrorism Program of the United States (3) (hereinafter: ‘the Proposal’). The Proposal was sent to the EDPS on the same day. |
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1.

On 5 January 2011, the Commission adopted a Proposal for a Council decision on a Union position within the EU-US Joint Customs Cooperation Committee regarding mutual recognition of the Authorised Economic Operator Programme of the European Union and the Customs-Trade Partnership Against Terrorism Program of the United States (3) (hereinafter: ‘the Proposal’). The Proposal was sent to the EDPS on the same day.

| 2. | The EDPS had been previously informally consulted and has sent a number of informal comments to the Commission. The aim of this Opinion is to complement these comments in light of the present Proposal and to make his views publicly available. |
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2.

The EDPS had been previously informally consulted and has sent a number of informal comments to the Commission. The aim of this Opinion is to complement these comments in light of the present Proposal and to make his views publicly available.

| 3. | The EDPS acknowledges that the processing of personal data is not at the core of the proposal. Most information processed will not contain personal data, as defined in data protection law (4). However, data protection law should be respected also in those circumstances where this is the case, as will be explained below. |
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3.

The EDPS acknowledges that the processing of personal data is not at the core of the proposal. Most information processed will not contain personal data, as defined in data protection law (4). However, data protection law should be respected also in those circumstances where this is the case, as will be explained below.

I.2.   Context of the Proposal

| 4. | The aim of the Proposal is to establish mutual recognition of the EU and the US trade partnership programmes — namely the EU Authorised Economic Operator (AEO) and the US Customs-Trade Partnership against Terrorism (C-TPAT) — in order to facilitate trade of operators who have invested in supply chain security and are members of one of these programmes. |
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4.

The aim of the Proposal is to establish mutual recognition of the EU and the US trade partnership programmes — namely the EU Authorised Economic Operator (AEO) and the US Customs-Trade Partnership against Terrorism (C-TPAT) — in order to facilitate trade of operators who have invested in supply chain security and are members of one of these programmes.

| 5. | EU-US relations in the area of customs are based on the Agreement on Customs Cooperation and Mutual Assistance in Customs Matters (CMAA) (5). This agreement sets up the Joint Customs Cooperation Committee (JCCC), which consists of representatives of the customs authorities of the EU and the US. Mutual recognition is to be established by a decision of this Committee. Therefore, the Proposal consists of:






  — | an Explanatory Memorandum; |
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5.

EU-US relations in the area of customs are based on the Agreement on Customs Cooperation and Mutual Assistance in Customs Matters (CMAA) (5). This agreement sets up the Joint Customs Cooperation Committee (JCCC), which consists of representatives of the customs authorities of the EU and the US. Mutual recognition is to be established by a decision of this Committee. Therefore, the Proposal consists of:

—

an Explanatory Memorandum;

| — | a proposal for a Council decision stating that the EU will take position within the JCCC as set out in the draft decision on mutual recognition; |
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—

a proposal for a Council decision stating that the EU will take position within the JCCC as set out in the draft decision on mutual recognition;

| — | the JCCC draft decision establishing mutual recognition of the EU AEO and the US C-TPAT (hereinafter: ‘the draft decision’) (6). |
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—

the JCCC draft decision establishing mutual recognition of the EU AEO and the US C-TPAT (hereinafter: ‘the draft decision’) (6).

| 6. | The draft decision is to be implemented by the customs authorities, who have set out a process of joint validations (application process for granting membership to operators, assessment of applications, granting of membership and monitoring of membership status). |
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6.

The draft decision is to be implemented by the customs authorities, who have set out a process of joint validations (application process for granting membership to operators, assessment of applications, granting of membership and monitoring of membership status).

| 7. | The good functioning of the mutual recognition is thus based on the exchange of information between EU and US customs authorities on trade operators who are already members of a partnership programme. |
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7.

The good functioning of the mutual recognition is thus based on the exchange of information between EU and US customs authorities on trade operators who are already members of a partnership programme.

II.   ANALYSIS OF THE DRAFT DECISION

II.1.   Processing of data relating to natural persons

| 8. | Although the purpose of the draft decision is not the processing of personal data, some of the information exchanged will relate to natural persons, especially if the operator is a natural person (7) or if the official title of the legal person acting as operator identifies a natural person (8). |
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8.

Although the purpose of the draft decision is not the processing of personal data, some of the information exchanged will relate to natural persons, especially if the operator is a natural person (7) or if the official title of the legal person acting as operator identifies a natural person (8).

| 9. | The relevance of data protection in this context has been underlined by the European Court of Justice in its Schecke ruling. According to the Court, legal persons can claim the protection of the rights to privacy and data protection, as recognised in the Charter of Fundamental Rights of the EU, if the official title of the legal person identifies one or more natural persons (9). The present Opinion will thus analyse how the exchange of personal data relating to operators is regulated in the draft decision. |
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9.

The relevance of data protection in this context has been underlined by the European Court of Justice in its Schecke ruling. According to the Court, legal persons can claim the protection of the rights to privacy and data protection, as recognised in the Charter of Fundamental Rights of the EU, if the official title of the legal person identifies one or more natural persons (9). The present Opinion will thus analyse how the exchange of personal data relating to operators is regulated in the draft decision.

II.2.   Applicability of the EU data protection framework

| 10. | The processing will be carried out by the customs authorities defined in Article 1(b) of the CMAA (10). This definition refers, in the EU, to ‘the competent services’ of the European Commission and to the customs authorities of the EU Member States. According to the EU data protection legislation, processing by EU Member States is subject to Directive 95/46/EC (hereinafter: ‘the Data Protection Directive’) and to the national data protection laws implementing the Data Protection Directive, while the processing of personal data by EU institutions and bodies is subject to Regulation (EC) No 45/2001 (hereinafter: ‘the Regulation’). Therefore, in this case both the Data Protection Directive and the Regulation are applicable. |
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10.

The processing will be carried out by the customs authorities defined in Article 1(b) of the CMAA (10). This definition refers, in the EU, to ‘the competent services’ of the European Commission and to the customs authorities of the EU Member States. According to the EU data protection legislation, processing by EU Member States is subject to Directive 95/46/EC (hereinafter: ‘the Data Protection Directive’) and to the national data protection laws implementing the Data Protection Directive, while the processing of personal data by EU institutions and bodies is subject to Regulation (EC) No 45/2001 (hereinafter: ‘the Regulation’). Therefore, in this case both the Data Protection Directive and the Regulation are applicable.

II.3.   Level of protection

| 11. | Exchanges of information are to be conducted in electronic format and in accordance with the CMAA. Article 17(2) of the CMAA states that personal data can only be transferred between the parties of the agreement if the party that will receive the data guarantees a level of protection which is at least equivalent to the one applicable to that particular case in the country that supplies the data. |
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11.

Exchanges of information are to be conducted in electronic format and in accordance with the CMAA. Article 17(2) of the CMAA states that personal data can only be transferred between the parties of the agreement if the party that will receive the data guarantees a level of protection which is at least equivalent to the one applicable to that particular case in the country that supplies the data.

| 12. | The EDPS welcomes this provision, which should be understood as aiming at complying with EU data protection law. According to Article 25 of the Data Protection Directive and Article 9 of the Regulation, as a main rule data can only be transferred from the EU to third countries if the receiving country ensures an ‘adequate’ level of protection (11). Article 17(2) of the CMAA thus seems stricter than the Data Protection Directive. |
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12.

The EDPS welcomes this provision, which should be understood as aiming at complying with EU data protection law. According to Article 25 of the Data Protection Directive and Article 9 of the Regulation, as a main rule data can only be transferred from the EU to third countries if the receiving country ensures an ‘adequate’ level of protection (11). Article 17(2) of the CMAA thus seems stricter than the Data Protection Directive.

| 13. | Therefore, it should be analysed on the basis of all relevant circumstances whether the receiving authorities in the United States indeed guarantee an equivalent level of protection (or at least an ‘adequate’ level). The analysis of the adequacy must be conducted in light of all the circumstances surrounding the transfer or set of transfers (12). |
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13.

Therefore, it should be analysed on the basis of all relevant circumstances whether the receiving authorities in the United States indeed guarantee an equivalent level of protection (or at least an ‘adequate’ level). The analysis of the adequacy must be conducted in light of all the circumstances surrounding the transfer or set of transfers (12).

| 14. | The European Commission has not found that the US as a whole ensures an adequate level of protection. In the absence of a general adequacy decision, controllers (13), under the supervision of data protection authorities (14), may decide that the protection provided in that specific case is adequate. EU Member States (or the EDPS, if the transfers are carried out by EU institutions or bodies) can also authorize a specific transfer or a set of transfers of personal data to a third country where the controller adduces adequate safeguards (15). |
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14.

The European Commission has not found that the US as a whole ensures an adequate level of protection. In the absence of a general adequacy decision, controllers (13), under the supervision of data protection authorities (14), may decide that the protection provided in that specific case is adequate. EU Member States (or the EDPS, if the transfers are carried out by EU institutions or bodies) can also authorize a specific transfer or a set of transfers of personal data to a third country where the controller adduces adequate safeguards (15).

| 15. | These ad hoc adequacy decisions could be applied in this case if the national customs authorities and the services of the European Commission responsible for customs matters present sufficient evidence supporting the allegations of the adoption of adequate safeguards by the US customs authorities as regards the transfers foreseen in the draft decision (16). |
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15.

These ad hoc adequacy decisions could be applied in this case if the national customs authorities and the services of the European Commission responsible for customs matters present sufficient evidence supporting the allegations of the adoption of adequate safeguards by the US customs authorities as regards the transfers foreseen in the draft decision (16).

| 16. | However, the EDPS does not have sufficient evidence that US customs authorities ensure a level of data protection which is ‘adequate’ or ‘at least equivalent to the one applicable to that particular case in the country that supplies the data’ as required by Article 17(2) of the CMAA. |
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16.

However, the EDPS does not have sufficient evidence that US customs authorities ensure a level of data protection which is ‘adequate’ or ‘at least equivalent to the one applicable to that particular case in the country that supplies the data’ as required by Article 17(2) of the CMAA.

| 17. | The EDPS urges therefore to ensure that evidence demonstrating that US customs authorities ensure a level of data protection which is ‘adequate’ or ‘at least equivalent to the one applicable to that particular case in the country that supplies the data’ as required by Article 17(2) of the CMAA will be available for the EDPS and to national data protection authorities. This should be required by a provision in the draft decision. |
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17.

The EDPS urges therefore to ensure that evidence demonstrating that US customs authorities ensure a level of data protection which is ‘adequate’ or ‘at least equivalent to the one applicable to that particular case in the country that supplies the data’ as required by Article 17(2) of the CMAA will be available for the EDPS and to national data protection authorities. This should be required by a provision in the draft decision.

| 18. | Finally, transfers of personal data from the EU to countries which do not guarantee an ‘adequate’ level of protection can also be allowed if any of the exceptions of Article 26(1) of the Data Protection Directive or Article 9(6) of the Regulation apply. In this particular case, it could be argued that the transfer is ‘necessary or legally required on important public interest grounds’ (17). However, these exceptions should be interpreted restrictively and cannot be the basis for massive or systematic transfers of personal data (18). In the view of the EDPS, these exceptions would not be helpful in the present case. |
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18.

Finally, transfers of personal data from the EU to countries which do not guarantee an ‘adequate’ level of protection can also be allowed if any of the exceptions of Article 26(1) of the Data Protection Directive or Article 9(6) of the Regulation apply. In this particular case, it could be argued that the transfer is ‘necessary or legally required on important public interest grounds’ (17). However, these exceptions should be interpreted restrictively and cannot be the basis for massive or systematic transfers of personal data (18). In the view of the EDPS, these exceptions would not be helpful in the present case.

II.4.   Purpose limitation

| 19. | Section V(1) of the draft decision states that the data exchanged may only be processed by the receiving customs authorities for the purposes of implementing the draft decision, in conformity with Article 17 of the CMAA. |
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19.

Section V(1) of the draft decision states that the data exchanged may only be processed by the receiving customs authorities for the purposes of implementing the draft decision, in conformity with Article 17 of the CMAA.

| 20. | However, processing for other purposes is also allowed by Section V(3), 4th indent and Article 17(3) of the CMAA. Considering that the purposes of the draft decision go beyond customs cooperation and include the fight against terrorism, the EDPS advises that all possible purposes of the transfers of personal data be specified in the text of the decision. Besides, any data transferred should be necessary and proportionate to fulfil these purposes. It should also be specified that data subjects should be informed in a comprehensive way about all purposes and conditions of processing of their personal data. |
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20.

However, processing for other purposes is also allowed by Section V(3), 4th indent and Article 17(3) of the CMAA. Considering that the purposes of the draft decision go beyond customs cooperation and include the fight against terrorism, the EDPS advises that all possible purposes of the transfers of personal data be specified in the text of the decision. Besides, any data transferred should be necessary and proportionate to fulfil these purposes. It should also be specified that data subjects should be informed in a comprehensive way about all purposes and conditions of processing of their personal data.

II.5.   Categories of data to be exchanged

| 21. | Data on the members of the Trade Partnership Programmes that may be exchanged among customs authorities are the following: name; address; status of membership; validation or authorisation date; suspensions and revocations; the unique authorization or identification number; and ‘details that may be mutually determined between the Customs Authorities, subject, where applicable, to any necessary safeguards’ (19). As this last field is too open, the EDPS recommends specifying which categories of data it may include. |
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21.

Data on the members of the Trade Partnership Programmes that may be exchanged among customs authorities are the following: name; address; status of membership; validation or authorisation date; suspensions and revocations; the unique authorization or identification number; and ‘details that may be mutually determined between the Customs Authorities, subject, where applicable, to any necessary safeguards’ (19). As this last field is too open, the EDPS recommends specifying which categories of data it may include.

| 22. | The EDPS also notes that data exchanged may include data on offences or suspected offences, for example, data related to the suspension and revocation of membership. The EDPS underlines that EU data protection law, restricts the processing of personal data relating to offences, criminal convictions or security measures (20). The processing of these categories of data may be subject to prior checking by the EDPS and EU national data protection authorities (21). |
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22.

The EDPS also notes that data exchanged may include data on offences or suspected offences, for example, data related to the suspension and revocation of membership. The EDPS underlines that EU data protection law, restricts the processing of personal data relating to offences, criminal convictions or security measures (20). The processing of these categories of data may be subject to prior checking by the EDPS and EU national data protection authorities (21).

II.6.   Onward transfers

| 23. | Section V(3), third indent allows the transfer of data to third countries or international bodies if the supplying authority has provided prior consent and in accordance with the conditions specified by this authority. Further transfers should not be allowed unless a justification is provided. |
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23.

Section V(3), third indent allows the transfer of data to third countries or international bodies if the supplying authority has provided prior consent and in accordance with the conditions specified by this authority. Further transfers should not be allowed unless a justification is provided.

| 24. | Therefore, it appears that Section V(3) should include a provision similar to the one contained in Article 17(2) of the CMAA, stating that personal data can only be transferred to a third country if the receiving country guarantees a level of protection which is at least equivalent to the one required in the draft decision. The protection granted to personal data under this draft decision could otherwise be circumvented by onward transfers. |
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24.

Therefore, it appears that Section V(3) should include a provision similar to the one contained in Article 17(2) of the CMAA, stating that personal data can only be transferred to a third country if the receiving country guarantees a level of protection which is at least equivalent to the one required in the draft decision. The protection granted to personal data under this draft decision could otherwise be circumvented by onward transfers.

| 25. | This provision should in any case specify the purposes of such transfers and the specific situations in which they are allowed. It should also explicitly state that the necessity and the proportionality of international onward transfers are to be assessed on a case by case basis and that massive or systematic transfers are not allowed. The obligation to inform data subjects about the possibility of international onward transfers should also be included in the text. |
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25.

This provision should in any case specify the purposes of such transfers and the specific situations in which they are allowed. It should also explicitly state that the necessity and the proportionality of international onward transfers are to be assessed on a case by case basis and that massive or systematic transfers are not allowed. The obligation to inform data subjects about the possibility of international onward transfers should also be included in the text.

II.7.   Data retention

| 26. | The EDPS welcomes Section V(2), which prohibits to process or keep the information longer than necessary for the purpose for which it is transferred. However, a maximum retention period should also be established. |
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26.

The EDPS welcomes Section V(2), which prohibits to process or keep the information longer than necessary for the purpose for which it is transferred. However, a maximum retention period should also be established.

II.8.   Security and accountability

| 27. | Section IV states that the exchanges of information will be conducted in an electronic format. According to the EDPS, more details on the information exchange system to be established should be provided in this section. In any case, the chosen system should integrate privacy and data protection from the design stage (Privacy by Design). |
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27.

Section IV states that the exchanges of information will be conducted in an electronic format. According to the EDPS, more details on the information exchange system to be established should be provided in this section. In any case, the chosen system should integrate privacy and data protection from the design stage (Privacy by Design).

| 28. | In this respect, the EDPS welcomes the security safeguards foreseen in Section V(3), first and second indents, which include access controls, ‘protection from unauthorized access, dissemination, and alteration, deletion or destruction’ and controlling that data is only for the purposes of the draft decision. He also welcomes the access logs foreseen in Section V(3), 5th indent. |
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28.

In this respect, the EDPS welcomes the security safeguards foreseen in Section V(3), first and second indents, which include access controls, ‘protection from unauthorized access, dissemination, and alteration, deletion or destruction’ and controlling that data is only for the purposes of the draft decision. He also welcomes the access logs foreseen in Section V(3), 5th indent.

| 29. | The EDPS recommends also including in these provisions the obligation to conduct a data protection impact assessment (including a risk assessment) before the start of the exchanges of data. The assessment should include a risk assessment and the measures envisaged to address the risks (22). The text should also specify that compliance with these measures and their implementation should be periodically audited and reported. This is all the more relevant taking into account the possibility that sensitive data will be processed. |
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29.

The EDPS recommends also including in these provisions the obligation to conduct a data protection impact assessment (including a risk assessment) before the start of the exchanges of data. The assessment should include a risk assessment and the measures envisaged to address the risks (22). The text should also specify that compliance with these measures and their implementation should be periodically audited and reported. This is all the more relevant taking into account the possibility that sensitive data will be processed.

II.9.   Data quality and rights of data subjects

| 30. | The EDPS welcomes the obligation for customs authorities to ensure that the information exchanged is accurate and regularly updated (see Sections V(2) and V(5)). He also welcomes Section V(4), which guarantees to operators who are members of the partnership programmes the right of access and rectification of their personal data. |
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30.

The EDPS welcomes the obligation for customs authorities to ensure that the information exchanged is accurate and regularly updated (see Sections V(2) and V(5)). He also welcomes Section V(4), which guarantees to operators who are members of the partnership programmes the right of access and rectification of their personal data.

| 31. | However, the EDPS notes that the exercise of these rights is subject to the custom's authority domestic legislation. As regards data supplied by EU customs authorities, and in order to guarantee an ‘adequate’ level of protection (see section II.3 of this Opinion), these rights should only be limited if such restriction is necessary to safeguard an important economic or financial interest. |
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31.

However, the EDPS notes that the exercise of these rights is subject to the custom's authority domestic legislation. As regards data supplied by EU customs authorities, and in order to guarantee an ‘adequate’ level of protection (see section II.3 of this Opinion), these rights should only be limited if such restriction is necessary to safeguard an important economic or financial interest.

| 32. | The EDPS also welcomes the fact that customs authorities are obliged to delete the data they have received if its collection or further processing contravenes the draft decision or the CMAA (23). The EDPS would like to remind that in accordance with Article 17(2) of the CMAA, this provision would apply to any processing which is against EU data protection law. |
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32.

The EDPS also welcomes the fact that customs authorities are obliged to delete the data they have received if its collection or further processing contravenes the draft decision or the CMAA (23). The EDPS would like to remind that in accordance with Article 17(2) of the CMAA, this provision would apply to any processing which is against EU data protection law.

| 33. | The EDPS welcomes the obligation for customs authorities to provide information to programme members on their options for seeking redress (24). However, it should be clarified which are the options of redress in case of a breach of the data protections safeguards guaranteed by the draft decision. This provision should also specify that other data subjects (namely, operators who are applying for membership) should also be informed of the options of seeking redress. |
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33.

The EDPS welcomes the obligation for customs authorities to provide information to programme members on their options for seeking redress (24). However, it should be clarified which are the options of redress in case of a breach of the data protections safeguards guaranteed by the draft decision. This provision should also specify that other data subjects (namely, operators who are applying for membership) should also be informed of the options of seeking redress.

II.10.   Oversight

| 34. | The EDPS welcomes Section V(6) which subjects the whole Section V to ‘independent oversight and review’ by the US Department of Homeland Security's Chief Privacy Officer, the EDPS and national data protection authorities. |
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34.

The EDPS welcomes Section V(6) which subjects the whole Section V to ‘independent oversight and review’ by the US Department of Homeland Security's Chief Privacy Officer, the EDPS and national data protection authorities.

| 35. | It should also be specified that the EDPS and national data protection authorities should supervise that the level of protection granted to personal data by the receiving customs authority is ‘adequate’ (see section III.1.). Section IV should also be subject to oversight and review. |
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35.

It should also be specified that the EDPS and national data protection authorities should supervise that the level of protection granted to personal data by the receiving customs authority is ‘adequate’ (see section III.1.). Section IV should also be subject to oversight and review.

III.   CONCLUSION

| 36. | The EDPS welcomes the safeguards foreseen in the draft decision, especially as regards data security. However, evidence demonstrating that US customs authorities ensure a level of data protection which is ‘adequate’ or ‘at least equivalent to the one applicable to that particular case in the country that supplies the data’ as required by Article 17(2) of the CMAA should be available for the EDPS and to national data protection authorities. This should be required by a provision in the draft decision. |
| --- | --- |

36.

The EDPS welcomes the safeguards foreseen in the draft decision, especially as regards data security. However, evidence demonstrating that US customs authorities ensure a level of data protection which is ‘adequate’ or ‘at least equivalent to the one applicable to that particular case in the country that supplies the data’ as required by Article 17(2) of the CMAA should be available for the EDPS and to national data protection authorities. This should be required by a provision in the draft decision.

| 37. | In addition, he recommends the following:






  — | specifying the purpose(s) of the exchanges of data foreseen in the draft decision, which should be necessary and proportional; |
| --- | --- | --- |

37.

In addition, he recommends the following:

—

specifying the purpose(s) of the exchanges of data foreseen in the draft decision, which should be necessary and proportional;

| — | specifying the categories of data included under Section IV(3)(g); |
| --- | --- |

—

specifying the categories of data included under Section IV(3)(g);

| — | specifying that in case that the necessity of onward international transfers is justified, these should only be allowed, on a case-by-case basis, for compatible purposes and if the receiving country guarantees a level of protection which is at least equivalent to the one granted by the draft decision; |
| --- | --- |

—

specifying that in case that the necessity of onward international transfers is justified, these should only be allowed, on a case-by-case basis, for compatible purposes and if the receiving country guarantees a level of protection which is at least equivalent to the one granted by the draft decision;

| — | including an obligation to inform all data subjects on the above; |
| --- | --- |

—

including an obligation to inform all data subjects on the above;

| — | complementing the provisions on security; |
| --- | --- |

—

complementing the provisions on security;

| — | specifying maximum data retention periods; |
| --- | --- |

—

specifying maximum data retention periods;

| — | not limiting rights of EU data subjects unless such restriction is necessary to safeguard an important economic or financial interest; |
| --- | --- |

—

not limiting rights of EU data subjects unless such restriction is necessary to safeguard an important economic or financial interest;

| — | guaranteeing the right to redress; |
| --- | --- |

—

guaranteeing the right to redress;

| — | subjecting Section IV to oversight and review; |
| --- | --- |

—

subjecting Section IV to oversight and review;

| — | specifying that the EDPS, EU national data protection authorities and the US Department of Homeland Security's Chief Privacy Officer should supervise that safeguards implemented by the receiving customs authority to ensure an adequate level of protection of personal data are effective and in line with EU requirements. |
| --- | --- |

—

specifying that the EDPS, EU national data protection authorities and the US Department of Homeland Security's Chief Privacy Officer should supervise that safeguards implemented by the receiving customs authority to ensure an adequate level of protection of personal data are effective and in line with EU requirements.

| 38. | The EDPS also notes that the Proposal may imply the processing of personal data relating to offences or suspected offences. These data are subject to stricter safeguards under EU law and may be subject to prior checking by the EDPS and by EU national data protection authorities. |
| --- | --- |

38.

The EDPS also notes that the Proposal may imply the processing of personal data relating to offences or suspected offences. These data are subject to stricter safeguards under EU law and may be subject to prior checking by the EDPS and by EU national data protection authorities.

Done at Brussels, 9 February 2012.

Giovanni BUTTARELLI

Assistant European Data Protection Supervisor

---

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

1

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

2

(3)  COM(2011) 937 final.

3

(4)  As set out in points 8-9 of this Opinion.

4

(5)  Agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters (OJ L 222, 12.8.1997, p. 17), available on http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData.do?step=0&redirect=true&treatyId=308 (summary and full text).

5

(6)  Proposal for a Decision of the US-EU Joint Customs Cooperation Committee regarding mutual recognition of the Customs-Trade Partnership against Terrorism Program in the United States and the Authorised Economic Operators Programme of the European Union.

6

(7)  Personal data are defined in Article 2(a) of Directive 95/46/EC and Article 2(a) of Regulation (EC) No 45/2001 as ‘any information relating to an identified or identifiable natural person’.

7

(8)  See also EDPS Opinion on the proposal for a Council Decision on a Union position within the EU-Japan Joint Customs Cooperation Committee concerning the mutual recognition of Authorised Economic Operator programmes in the European Union and in Japan, available on http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:190:0002:0006:EN:PDF

8

(9)  European Court of Justice, 9 November 2010, Volker und Markus Schecke, C-92/09 and C-93/09, paragraph 53 (available on http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?where=&lang=en&num=79898890C19090092&doc=T&ouvert=T&seance=ARRET).

9

(10)  See Section I(2) of the draft decision.

10

(11)  The Regulation adds that these transfers can only take place if the data are transferred ‘solely to allow tasks covered by the competence of the controller to be carried out’.

11

(12)  See Articles 9(1) and 9(2) of the Regulation, Articles 25(1) and 25(2) of the Data Protection Directive and EU national data protection laws implementing them. See also EDPS Opinion on EU-Japan Joint Customs Cooperation, cited above.

12

(13)  In this cases, the customs authorities of the EU and its Member States.

13

(14)  In some Member Sates, only data protection authorities can authorize the transfer.

14

(15)  Article 26(2) of the Data Protection Directive and Article 9(7) of the Regulation.

15

(16)  See also EDPS letter on ‘Transfers of personal data to third countries: “adequacy” of signatories to Council of Europe Convention 108 (Case 2009-0333)’, available on http://www.edps.europa.eu/EDPSWEB/webdav/shared/Documents/Supervision/Adminmeasures/2009/09-07-02_OLAF_transfer_third_countries_EN.pdf

16

(17)  See Article 9(6)(d) of the Regulation or Article 26(1)(d) of the Data Protection Directive, which according to Recital 58 of the Data Protection Directive, includes transfers between tax or customs authorities.

17

(18)  See Article 29 Working Party Working Document of 25 November 2005 on a common interpretation of Article 26(1) of Directive 95/46/EC of 24 October 1995 (WP114), pages 7-9, available on http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2005/wp114_en.pdf

18

(19)  See Section IV(3)(a) to (g) of the draft decision.

19

(20)  See Article 8(5) of Directive 95/46/EC and Article 10(5) of Regulation (EC) No 45/2001.

20

(21)  See Article 27(a) of Regulation (EC) No 45/2001 and EU national data protection laws implementing Article 20 of Directive 95/46/EC.

21

(22)  As already foreseen in Article 33 of the new Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012) 11/4 draft).

22

(23)  See Section V(5) of the draft decision.

23

(24)  See Section V(4), last sentence.

24

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.6.2012 | EN | Official Journal of the European Union | C 160/8 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/8

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2012/C 160/02

| Date of adoption of the decision | 22.2.2012 |
| --- | --- |
| Reference number of State Aid | SA.32698 (11/NN) |
| Member State | Finland |
| Region | Åland |
| Title (and/or name of the beneficiary) | Omstruktureringsstöd till Air Åland/Rakenneuudistustuki Air Ålandille |
| Legal basis | Landskapslagen om lån, räntestöd och understöd ur landskapets medel samt om landskapsgaranti (ÅFS 1988:50) samt landskapsregeringens beslut nr 5, 31.1.2011 N12/10/4/80 om beviljande av omstruktureringsstöd till Air Åland Ab/Maisema Laki lainat, korkotuet ja avustukset maakunnan voimavaroja ja maiseman takuu (ÅFS 1988:50) ja paikallishallinnon päätös N:o 5, 31.1.2011 N12/10/4/80 rakenneuudistustuen myöntämiseksi Air Åland Ab. |
| Type of measure | Individual aid |
| Objective | Restructuring of firms in difficulty |
| Form of aid | Soft loan |
| Budget | Overall budget: EUR 300 000 |
| Intensity | — |
| Duration (period) | 31.1.2011-31.1.2016 |
| Economic sectors | Air transport |
| Name and address of the granting authority | Ålands landskapsregerging |
| PB 1060 |
| AX-22111 Mariehamn |
| SUOMI/FINLAND |

Date of adoption of the decision

22.2.2012

Reference number of State Aid

SA.32698 (11/NN)

Member State

Finland

Region

Åland

Title (and/or name of the beneficiary)

Omstruktureringsstöd till Air Åland/Rakenneuudistustuki Air Ålandille

Legal basis

Landskapslagen om lån, räntestöd och understöd ur landskapets medel samt om landskapsgaranti (ÅFS 1988:50) samt landskapsregeringens beslut nr 5, 31.1.2011 N12/10/4/80 om beviljande av omstruktureringsstöd till Air Åland Ab/Maisema Laki lainat, korkotuet ja avustukset maakunnan voimavaroja ja maiseman takuu (ÅFS 1988:50) ja paikallishallinnon päätös N:o 5, 31.1.2011 N12/10/4/80 rakenneuudistustuen myöntämiseksi Air Åland Ab.

Type of measure

Individual aid

Objective

Restructuring of firms in difficulty

Form of aid

Soft loan

Budget

Overall budget: EUR 300 000

Intensity

—

Duration (period)

31.1.2011-31.1.2016

Economic sectors

Air transport

Name and address of the granting authority

Ålands landskapsregerging

PB 1060

AX-22111 Mariehamn

SUOMI/FINLAND

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 25.4.2012 |
| --- | --- |
| Reference number of State Aid | SA.33382 (11/N) |
| Member State | Finland |
| Region | — |
| Title (and/or name of the beneficiary) | Viking Line Ltd. |
| Legal basis | Valtionavustuslaki, valtioneuvoston asetus alusten ympäristönsuojelua parantavien investointitukien yleisistä ehdoista
  Statsunderstödslagen om allmänna villkor för investeringsstöd för fartyg i syfte att förbättra miljöskyddet |
| Type of measure | Individual aid |
| Objective | Environmental protection |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 28 million |
| Intensity | 49 % |
| Duration (period) | 2012 |
| Economic sectors | Sea and coastal water transport |
| Name and address of the granting authority | Liikenne- ja viestintäministeriö |
| Valtioneuvosto |
| Eteläesplanadi 16 |
| PL 31 |
| FI-00023 Helsinki |
| SUOMI/FINLAND |

Date of adoption of the decision

25.4.2012

Reference number of State Aid

SA.33382 (11/N)

Member State

Finland

Region

—

Title (and/or name of the beneficiary)

Viking Line Ltd.

Legal basis

Valtionavustuslaki, valtioneuvoston asetus alusten ympäristönsuojelua parantavien investointitukien yleisistä ehdoista

Statsunderstödslagen om allmänna villkor för investeringsstöd för fartyg i syfte att förbättra miljöskyddet

Type of measure

Individual aid

Objective

Environmental protection

Form of aid

Direct grant

Budget

Overall budget: EUR 28 million

Intensity

49 %

Duration (period)

2012

Economic sectors

Sea and coastal water transport

Name and address of the granting authority

Liikenne- ja viestintäministeriö

Valtioneuvosto

Eteläesplanadi 16

PL 31

FI-00023 Helsinki

SUOMI/FINLAND

| Kommunikationsministeriet |
| --- |
| Statsrådet |
| Södra esplanaden 16 |
| PB 31 |
| FI-00023 Helsinki |
| SUOMI/FINLAND |

Kommunikationsministeriet

Statsrådet

Södra esplanaden 16

PB 31

FI-00023 Helsinki

SUOMI/FINLAND

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 20.12.2011 |
| --- | --- |
| Reference number of State Aid | SA.33920 (11/N) |
| Member State | United Kingdom |
| Region | Northern Ireland |
| Title (and/or name of the beneficiary) | Northern Ireland Screen fund-prolongation |
| Legal basis | Education and Library Services (Northern Ireland) Order 1986
  The Industrial Development Act (Northern Ireland) 2002 |
| Type of measure | Aid scheme |
| Objective | Culture |
| Form of aid | Soft loan |
| Budget | | Annual budget: GBP 12 million |

Date of adoption of the decision

20.12.2011

Reference number of State Aid

SA.33920 (11/N)

Member State

United Kingdom

Region

Northern Ireland

Title (and/or name of the beneficiary)

Northern Ireland Screen fund-prolongation

Legal basis

Education and Library Services (Northern Ireland) Order 1986

The Industrial Development Act (Northern Ireland) 2002

Type of measure

Aid scheme

Objective

Culture

Form of aid

Soft loan

Budget

Annual budget: GBP 12 million

| | Overall budget: GBP 48 million |
| --- | --- |

Overall budget: GBP 48 million

Intensity

90 %

Duration (period)

1.4.2012-31.3.2016

Economic sectors

Recreational, cultural sporting activities

Name and address of the granting authority

| Northern Ireland Screen Alfred House |
| --- |
| Alfred Street |
| Belfast |
| Northern Ireland |
| BT2 8ED |
| UNITED KINGDOM |

Northern Ireland Screen Alfred House

Alfred Street

Belfast

Northern Ireland

BT2 8ED

UNITED KINGDOM

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

| 6.6.2012 | EN | Official Journal of the European Union | C 160/11 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/11

---

Communication from the Commission relating to the available quantity for the September 2012 subperiod in the framework of certain quotas opened by the European Union for products in the rice sector

2012/C 160/03

Commission Regulation (EU) No 1274/2009 opened tariff quotas for the import of rice originating in the overseas countries and territories (OCT) (1). No import licence applications have been submitted during the first seven days of May 2012 for the quotas with order numbers 09.4189 and 09.4190.

In accordance with the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities for which applications are not submitted are to be added to the following subperiod.

In accordance with the second subparagraph of Article 1(5) of Commission Regulation (EU) No 1274/2009 quantities available in the following subperiod are communicated by the Commission before the 25th day of the last month of a given subperiod.

As a result, the total available quantity for the September 2012 subperiod under the quotas with order numbers 09.4189 and 09.4190 as referred to in Regulation (EU) No 1274/2009 are set out in the Annex to this communication.

---

(1)  OJ L 344, 23.12.2009, p. 3.

(2)  OJ L 238, 1.9.2006, p. 13.

---

ANNEX

Quantities available for the following subperiod under Regulation (EU) No 1274/2009

| Origin | Order number | Import licence applications introduced for the May 2012 subperiod | Total available quantity for the September 2012 subperiod (in kg) |
| --- | --- | --- | --- |
| Netherlands Antilles and Aruba | 09.4189 | (1) | 25 000 000 |
| Least developed OCTs | 09.4190 | (1) | 10 000 000 |

Origin

Order number

Import licence applications introduced for the May 2012 subperiod

Total available quantity for the September 2012 subperiod (in kg)

Netherlands Antilles and Aruba

09.4189

(1)

25 000 000

Least developed OCTs

09.4190

(1)

10 000 000

---

(1)  No allocation coefficient for this subperiod: no licence applications were sent to the Commission.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.6.2012 | EN | Official Journal of the European Union | C 160/12 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/12

---

Euro exchange rates (1)

5 June 2012

2012/C 160/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2429 |
| JPY | Japanese yen | 97,25 |
| DKK | Danish krone | 7,4314 |
| GBP | Pound sterling | 0,81005 |
| SEK | Swedish krona | 8,9690 |
| CHF | Swiss franc | 1,2010 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,5945 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,720 |
| HUF | Hungarian forint | 302,19 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6968 |
| PLN | Polish zloty | 4,3816 |
| RON | Romanian leu | 4,4660 |
| TRY | Turkish lira | 2,3002 |
| AUD | Australian dollar | 1,2762 |
| CAD | Canadian dollar | 1,2930 |
| HKD | Hong Kong dollar | 9,6430 |
| NZD | New Zealand dollar | 1,6482 |
| SGD | Singapore dollar | 1,6012 |
| KRW | South Korean won | 1 467,15 |
| ZAR | South African rand | 10,5100 |
| CNY | Chinese yuan renminbi | 7,9153 |
| HRK | Croatian kuna | 7,5670 |
| IDR | Indonesian rupiah | 11 734,95 |
| MYR | Malaysian ringgit | 3,9773 |
| PHP | Philippine peso | 54,093 |
| RUB | Russian rouble | 41,2610 |
| THB | Thai baht | 39,300 |
| BRL | Brazilian real | 2,5503 |
| MXN | Mexican peso | 17,6753 |
| INR | Indian rupee | 69,1610 |

Currency

Exchange rate

USD

US dollar

1,2429

JPY

Japanese yen

97,25

DKK

Danish krone

7,4314

GBP

Pound sterling

0,81005

SEK

Swedish krona

8,9690

CHF

Swiss franc

1,2010

ISK

Iceland króna

NOK

Norwegian krone

7,5945

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,720

HUF

Hungarian forint

302,19

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6968

PLN

Polish zloty

4,3816

RON

Romanian leu

4,4660

TRY

Turkish lira

2,3002

AUD

Australian dollar

1,2762

CAD

Canadian dollar

1,2930

HKD

Hong Kong dollar

9,6430

NZD

New Zealand dollar

1,6482

SGD

Singapore dollar

1,6012

KRW

South Korean won

1 467,15

ZAR

South African rand

10,5100

CNY

Chinese yuan renminbi

7,9153

HRK

Croatian kuna

7,5670

IDR

Indonesian rupiah

11 734,95

MYR

Malaysian ringgit

3,9773

PHP

Philippine peso

54,093

RUB

Russian rouble

41,2610

THB

Thai baht

39,300

BRL

Brazilian real

2,5503

MXN

Mexican peso

17,6753

INR

Indian rupee

69,1610

---

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

---

| 6.6.2012 | EN | Official Journal of the European Union | C 160/13 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/13

---

Information provided by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of standards and technical regulations and rules on information society services (1)

Statistics on technical regulations notified in 2011 under the Directive 98/34/EC notification procedure

2012/C 160/05

I.   Table showing the different types of reactions addressed to Member States of the European Union regarding their respective notified drafts

| Member States | Number of notifications | Observations (2) | Detailed opinions (3) | Proposals for Community legislation |
| --- | --- | --- | --- | --- |
| MS | COM | EFTA (4) TR (5) | MS | COM | 9.3 (6) | 9.4 (7) |
| Belgium | 19 | 3 | 9 | 0 | 0 | 0 | 0 | 1 |
| Bulgaria | 11 | 4 | 3 | 0 | 1 | 2 | 0 | 0 |
| Czech Republic | 22 | 4 | 6 | 0 | 1 | 5 | 0 | 0 |
| Denmark | 38 | 5 | 3 | 0 | 5 | 3 | 0 | 0 |
| Germany | 62 | 17 | 13 | 0 | 5 | 3 | 1 | 0 |
| Estonia | 9 | 3 | 5 | 0 | 0 | 0 | 0 | 0 |
| Ireland | 10 | 0 | 4 | 0 | 0 | 0 | 0 | 0 |
| Greece | 13 | 5 | 8 | 0 | 2 | 5 | 0 | 0 |
| Spain | 39 | 16 | 7 | 0 | 4 | 3 | 0 | 0 |
| France | 63 | 32 | 14 | 0 | 5 | 10 | 0 | 0 |
| Italy | 29 | 10 | 8 | 0 | 2 | 3 | 0 | 0 |
| Cyprus | 1 | 2 | 0 | 0 | 0 | 1 | 0 | 0 |
| Latvia | 6 | 1 | 4 | 0 | 0 | 2 | 0 | 0 |
| Lithuania | 5 | 1 | 2 | 0 | 0 | 0 | 0 | 0 |
| Luxembourg | 4 | 4 | 0 | 0 | 0 | 0 | 0 | 0 |
| Hungary | 28 | 6 | 8 | 0 | 6 | 4 | 0 | 0 |
| Malta | 5 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Netherlands | 41 | 5 | 8 | 0 | 0 | 1 | 0 | 0 |
| Austria | 65 | 3 | 8 | 0 | 4 | 0 | 0 | 0 |
| Poland | 27 | 4 | 2 | 0 | 0 | 1 | 0 | 0 |
| Portugal | 5 | 0 | 1 | 0 | 2 | 0 | 0 | 0 |
| Romania | 22 | 2 | 2 | 0 | 0 | 0 | 0 | 0 |
| Slovenia | 10 | 3 | 2 | 0 | 1 | 2 | 0 | 0 |
| Slovakia | 35 | 3 | 4 | 0 | 2 | 3 | 0 | 0 |
| Finland | 23 | 6 | 9 | 0 | 5 | 6 | 0 | 0 |
| Sweden | 30 | 5 | 6 | 0 | 1 | 2 | 0 | 0 |
| United Kingdom | 53 | 10 | 10 | 0 | 4 | 3 | 1 | 0 |
| EU total | 675 | 154 | 147 | 0 | 50 | 59 | 2 | 1 |

Member States

Number of notifications

Observations (2)

Detailed opinions (3)

Proposals for Community legislation

MS

COM

EFTA (4) TR (5)

MS

COM

9.3 (6)

9.4 (7)

Belgium

19

3

9

0

0

0

0

1

Bulgaria

11

4

3

0

1

2

0

0

Czech Republic

22

4

6

0

1

5

0

0

Denmark

38

5

3

0

5

3

0

0

Germany

62

17

13

0

5

3

1

0

Estonia

9

3

5

0

0

0

0

0

Ireland

10

0

4

0

0

0

0

0

Greece

13

5

8

0

2

5

0

0

Spain

39

16

7

0

4

3

0

0

France

63

32

14

0

5

10

0

0

Italy

29

10

8

0

2

3

0

0

Cyprus

1

2

0

0

0

1

0

0

Latvia

6

1

4

0

0

2

0

0

Lithuania

5

1

2

0

0

0

0

0

Luxembourg

4

4

0

0

0

0

0

0

Hungary

28

6

8

0

6

4

0

0

Malta

5

0

1

0

0

0

0

0

Netherlands

41

5

8

0

0

1

0

0

Austria

65

3

8

0

4

0

0

0

Poland

27

4

2

0

0

1

0

0

Portugal

5

0

1

0

2

0

0

0

Romania

22

2

2

0

0

0

0

0

Slovenia

10

3

2

0

1

2

0

0

Slovakia

35

3

4

0

2

3

0

0

Finland

23

6

9

0

5

6

0

0

Sweden

30

5

6

0

1

2

0

0

United Kingdom

53

10

10

0

4

3

1

0

EU total

675

154

147

0

50

59

2

1

II.   Table showing the breakdown by sector of drafts notified by Member States of the European Union

| Sector | BE | BG | CZ | CY | DK | DE | EE | IE | GR | ES | FR | IT | LV | LT | LU | HU | MT | NL | AT | PL | PT | RO | SI | SK | FI | SE | UK | Total |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Building and construction | 3 | 3 | 5 | 0 | 1 | 25 | 1 | 2 | 1 | 4 | 14 | 2 | 0 | 3 | 0 | 2 | 0 | 8 | 39 | 3 | 0 | 14 | 3 | 13 | 3 | 6 | 11 | 166 |
| Agriculture, fisheries and food | 6 | 1 | 2 | 1 | 10 | 3 | 3 | 1 | 6 | 4 | 16 | 9 | 3 | 1 | 0 | 8 | 0 | 11 | 2 | 1 | 2 | 0 | 3 | 7 | 7 | 0 | 6 | 113 |
| Chemical products | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 6 | 1 | 1 | 0 | 0 | 0 | 1 | 0 | 3 | 0 | 0 | 1 | 0 | 0 | 4 | 5 | 0 | 28 |
| Pharmaceutical products | 0 | 0 | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 0 | 1 | 2 | 15 |
| Domestic and leisure equipment | 0 | 1 | 1 | 0 | 6 | 0 | 1 | 0 | 2 | 8 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 0 | 2 | 3 | 32 |
| Mechanical | 2 | 2 | 6 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 4 | 2 | 0 | 1 | 0 | 0 | 1 | 2 | 5 | 5 | 0 | 0 | 0 | 0 | 2 | 5 | 0 | 41 |
| Energy, minerals, wood | 1 | 0 | 3 | 0 | 2 | 0 | 0 | 1 | 1 | 2 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 4 | 2 | 5 | 1 | 0 | 0 | 7 | 0 | 1 | 2 | 33 |
| Environment, packaging | 2 | 0 | 2 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 4 | 5 | 2 | 0 | 0 | 6 | 2 | 4 | 0 | 2 | 0 | 0 | 1 | 0 | 0 | 2 | 4 | 42 |
| Health, medical equipment | 0 | 1 | 1 | 0 | 0 | 4 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 9 |
| Transport | 2 | 1 | 0 | 0 | 6 | 3 | 1 | 0 | 1 | 3 | 3 | 1 | 0 | 0 | 0 | 1 | 0 | 10 | 5 | 1 | 0 | 4 | 3 | 0 | 2 | 7 | 12 | 66 |
| Telecommunications | 0 | 0 | 0 | 0 | 0 | 12 | 1 | 2 | 1 | 13 | 3 | 0 | 0 | 0 | 4 | 0 | 0 | 1 | 1 | 1 | 0 | 3 | 0 | 6 | 1 | 0 | 9 | 58 |
| Miscellaneous products | 0 | 1 | 1 | 0 | 2 | 0 | 2 | 1 | 0 | 1 | 7 | 2 | 0 | 0 | 0 | 6 | 0 | 0 | 4 | 1 | 2 | 0 | 0 | 2 | 4 | 1 | 3 | 40 |
| Information society services | 2 | 0 | 0 | 0 | 6 | 8 | 0 | 0 | 0 | 1 | 2 | 6 | 0 | 0 | 0 | 2 | 0 | 1 | 0 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 32 |
| Total per Member State | 19 | 11 | 22 | 1 | 38 | 62 | 9 | 10 | 13 | 39 | 63 | 29 | 6 | 5 | 4 | 28 | 5 | 41 | 65 | 27 | 5 | 22 | 10 | 35 | 23 | 30 | 53 | 675 |

Sector

BE

BG

CZ

CY

DK

DE

EE

IE

GR

ES

FR

IT

LV

LT

LU

HU

MT

NL

AT

PL

PT

RO

SI

SK

FI

SE

UK

Total

Building and construction

3

3

5

0

1

25

1

2

1

4

14

2

0

3

0

2

0

8

39

3

0

14

3

13

3

6

11

166

Agriculture, fisheries and food

6

1

2

1

10

3

3

1

6

4

16

9

3

1

0

8

0

11

2

1

2

0

3

7

7

0

6

113

Chemical products

1

1

1

0

1

1

0

1

0

0

6

1

1

0

0

0

1

0

3

0

0

1

0

0

4

5

0

28

Pharmaceutical products

0

0

0

0

1

2

0

0

0

1

2

0

0

0

0

2

1

0

1

2

0

0

0

0

0

1

2

15

Domestic and leisure equipment

0

1

1

0

6

0

1

0

2

8

1

1

0

0

0

0

0

0

3

3

0

0

0

0

0

2

3

32

Mechanical

2

2

6

0

0

1

0

1

1

1

4

2

0

1

0

0

1

2

5

5

0

0

0

0

2

5

0

41

Energy, minerals, wood

1

0

3

0

2

0

0

1

1

2

1

0

0

0

0

0

0

4

2

5

1

0

0

7

0

1

2

33

Environment, packaging

2

0

2

0

3

3

0

0

0

0

4

5

2

0

0

6

2

4

0

2

0

0

1

0

0

2

4

42

Health, medical equipment

0

1

1

0

0

4

0

1

0

1

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

9

Transport

2

1

0

0

6

3

1

0

1

3

3

1

0

0

0

1

0

10

5

1

0

4

3

0

2

7

12

66

Telecommunications

0

0

0

0

0

12

1

2

1

13

3

0

0

0

4

0

0

1

1

1

0

3

0

6

1

0

9

58

Miscellaneous products

0

1

1

0

2

0

2

1

0

1

7

2

0

0

0

6

0

0

4

1

2

0

0

2

4

1

3

40

Information society services

2

0

0

0

6

8

0

0

0

1

2

6

0

0

0

2

0

1

0

3

0

0

0

0

0

0

1

32

Total per Member State

19

11

22

1

38

62

9

10

13

39

63

29

6

5

4

28

5

41

65

27

5

22

10

35

23

30

53

675

III.   Table showing observations relating to drafts notified by Iceland, Liechtenstein and Norway (8) and Switzerland (9)

| Country | Notifications | EC observations (10) |
| --- | --- | --- |
| Iceland | 7 | 4 |
| Liechtenstein | 1 | 0 |
| Switzerland | 7 | 2 |
| Norway | 6 | 2 |
| Total | 21 | 8 |

Country

Notifications

EC observations (10)

Iceland

7

4

Liechtenstein

1

0

Switzerland

7

2

Norway

6

2

Total

21

8

IV.   Table showing the breakdown by sector of drafts notified by Iceland, Norway, Liechtenstein and Switzerland

| Sector | Iceland | Liechtenstein | Norway | Switzerland | Total |
| --- | --- | --- | --- | --- | --- |
| Agriculture, fisheries and food | 2 | | | | 2 |
| Games of chance | | | 2 | | 2 |
| Petroleum products | | | | 1 | 1 |
| Building and construction | | | 1 | | 1 |
| Transport | 1 | 1 | 1 | 1 | 4 |
| Telecommunications | | | | 4 | 4 |
| Miscellaneous products | 3 | | | 1 | 4 |
| Health, medical equipment | 1 | | | | 1 |
| 98/48/EC services | | | 2 | | 2 |
| Total per country | 7 | 1 | 6 | 7 | 21 |

Sector

Iceland

Liechtenstein

Norway

Switzerland

Total

Agriculture, fisheries and food

2

2

Games of chance

2

2

Petroleum products

1

1

Building and construction

1

1

Transport

1

1

1

1

4

Telecommunications

4

4

Miscellaneous products

3

1

4

Health, medical equipment

1

1

98/48/EC services

2

2

Total per country

7

1

6

7

21

V.   Table showing drafts notified by Turkey and the observations relating to these drafts

| Turkey | Notifications | EC observations |
| --- | --- | --- |
| Total | 2 | 1 |

Turkey

Notifications

EC observations

Total

2

1

VI.   Table showing the breakdown by sector of drafts notified by Turkey

| Sector | Turkey |
| --- | --- |
| Miscellaneous | 1 |
| Building and construction | 1 |
| Total | 2 |

Sector

Turkey

Miscellaneous

1

Building and construction

1

Total

2

VII.   Statistics on infringement proceedings in progress in 2011 and launched on the basis of Article 226 of the EC Treaty against national technical regulations adopted in breach of the provisions of Directive 98/34/EC

| Country | Number |
| --- | --- |
| France | 1 |
| Poland | 1 |
| EU total | 2 |

Country

Number

France

1

Poland

1

EU total

2

---

(1)  Directive 98/34/EC of 22 June 1998 (OJ L 204, 21.7.1998, p. 37) codifies Directive 83/189/EEC as amended principally by Directives 88/182/EEC and 94/10/EC. Directive 98/34/EC was amended by Directive 98/48/EC of 20 July 1998 (OJ L 217, 5.8.1998, p. 18), which extended its scope to information society services.

(2)  Article 8.2 of the Directive.

(3)  Article 9.2 of the Directive (‘detailed opinion ... according to which the measure envisaged presents aspects which could potentially create barriers to the free circulation of goods or services or the freedom of establishment of service operators within the internal market’).

(4)  Under the Agreement on the European Economic Area, EFTA countries which are contracting parties to this Agreement shall apply Directive 98/34/EC, adapted as necessary in accordance with Annex II, Chapter XIX, point 1, and may thus issue observations concerning drafts notified by European Union Member States. Switzerland may also issue such observations, on the basis of an informal agreement on the exchange of information in the field of technical regulations.

(5)  The Directive 98/34/EC procedure was extended to Turkey under the Association Agreement concluded with that country (the Association Agreement between the European Economic Community and Turkey (OJ 217, 29.12.1964, p. 3687) and Decisions No 1/95 and No 2/97 of the EC-Turkey Association Council).

(6)  Article 9.3 of the Directive requiring Member States to postpone adoption of the notified draft (with the exception of draft regulations relating to services) for 12 months from its reception by the Commission if the latter announces its intention to propose or adopt a directive, regulation or decision on this subject.

(7)  Article 9.4 of the Directive requiring Member States to postpone adoption of the notified draft for 12 months from its reception by the Commission if the latter announces its finding that the draft concerns a matter which is covered by a proposal for a directive, regulation or decision presented to the Council.

(8)  The Agreement on the European Economic Area (see note 4) lays down the obligation for EFTA countries party to this Agreement to notify draft technical regulations to the Commission.

(9)  On the basis of the informal agreement on the exchange of information in the field of technical regulations (see note 4), Switzerland also submits its draft technical regulations to the Commission.

(10)  The only type of reaction provided for under the Accord on the European Economic Area (see notes 4 and 7) is the possibility that the EU issue observations (Article 8.2 of Directive 98/34/EC as included in Annex II, Chapter XIX, point 1 of this Agreement). The same type of reaction may be issued with regard to notifications from Switzerland on the basis of the informal agreement between the EU and this country (see notes 4 and 8).

---

| 6.6.2012 | EN | Official Journal of the European Union | C 160/18 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/18

---

New national side of euro coins intended for circulation

2012/C 160/06

Image

National side of the new commemorative 2-euro coin intended for circulation and issued by Portugal

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Portugal

Subject of commemoration: the European Capital of Culture 2012, the city of Guimarães in the North of Portugal

Description of the design: The coins depicts three of Guimarães most relevant symbols: King Afonso Henriques and his sword and a part of the city castle. On the left, the Portuguese Coat of Arms and the indication of the issuing country: Portugal. On the bottom right is the Guimarães 2012 event logo and the artist name: José de Guimarães.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued:

Date of issue: June 2012

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 6.6.2012 | EN | Official Journal of the European Union | C 160/19 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/19

---

Notice of initiation of a review of the anti-dumping measures in force on imports of certain iron or steel fasteners originating in the People's Republic of China, following the recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation on 28 July 2011 in the EC-Fasteners dispute (DS 397)

2012/C 160/07

The European Commission (‘Commission’) has received a request for a review pursuant to Article 1(3) of Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (1) (‘the WTO enabling Regulation’).

1.   Request for review

A request was lodged by Bulten Fasteners (China) Co., Ltd. following the publication of a Notice by the Commission (2) (‘the fasteners implementation notice’) requesting exporting producers of fasteners in the People's Republic of China to come forward and request a review if they felt that the conditions contained in point 1(a) of the fasteners implementation notice applied to them.

2.   Product under investigation

The product subject to this investigation is certain iron or steel fasteners originating in the People's Republic of China (‘the product under investigation’) as defined in Council Regulation (EC) No 91/2009 of 26 January 2009 (3) (‘the original Regulation’).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People's Republic of China.

4.   Grounds for the review

The request pursuant to Article 1(3) of the WTO enabling Regulation is based on the grounds that the applicant listed in point 1 was discouraged from cooperating and requesting individual treatment because of the administrative burden entailed by Article 9(5) of Council Regulation (EC) No 1225/2009 (4) (‘the basic anti-dumping Regulation’).

The applicant has also provided information on their export prices and quantities during the original investigation period as required under point 1(b)(ii) of the fasteners implementation notice.

The applicant has further claimed that, had they cooperated with the original investigation, they would have claimed individual examination under Article 17(3) of the basic anti-dumping Regulation and they therefore claim this treatment at this time.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a review, the Commission hereby initiates a review in accordance with Article 1(3) of the WTO enabling Regulation with a view to determine whether the applicant fulfils the requirements to have an individual duty established in accordance with Article 9(5) and Article 17(3) of the basic anti-dumping Regulation.

If the applicant fulfils the requirements to have an individual duty, then their individual margin of dumping and the level of the duty, if any, to which their imports of the product concerned into the Union should be subject will be determined. The investigation will determine this individual dumping margin using the applicant's export prices from the original investigation period and the analogue country normal value already determined during that original investigation.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. This information and supporting evidence should reach the Commission within the time limit set in point 6(a)(i).

(b)   Collection of information and holding of hearings

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

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

6.   Time limits

General time limits

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(ii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 37 day time limit.

7.   Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited (5)’.

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic anti-dumping Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Interested parties are requested to make all submissions and requests in electronic format (the non-confidential submissions via email, the confidential ones on CD-R/DVD), and must indicate the name, address, email address, telephone and fax numbers of the interested party. However, any Powers of Attorney and signed certifications accompanying questionnaire replies or any updates thereof shall be submitted on paper, i.e. by post or by hand, at the address below. Pursuant to Article 18(2) of the basic anti-dumping Regulation if an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence/

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/092 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22993704 |
| E-mail: TRADE-AD-FASTENERS-DSB@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22993704

E-mail: TRADE-AD-FASTENERS-DSB@ec.europa.eu

8.   Non-cooperation

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

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

9.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with 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 (6).

10.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm)

---

(1)  OJ L 201, 26.7.2001, p. 10.

(2)  OJ C 66, 6.3.2012, p. 29.

(3)  OJ L 29, 31.1.2009, p. 1.

(4)  OJ L 343, 22.12.2009, p. 51.

(5)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 6.6.2012 | EN | Official Journal of the European Union | C 160/22 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/22

---

Prior notification of a concentration

(Case COMP/M.6612 — Vitol/AtlasInvest/Petroplus Marketing)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 160/08

| 1. | On 21 May 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Vitol Holding BV (‘Vitol’, the Netherlands), and Alea Iacta Est BV (‘AtlasInvest’, the Netherlands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of certain assets currently controlled by the Petroplus Group (‘Petroplus Marketing’, Switzerland) by way of purchase of shares and assets. |
| --- | --- |

1.

On 21 May 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Vitol Holding BV (‘Vitol’, the Netherlands), and Alea Iacta Est BV (‘AtlasInvest’, the Netherlands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of certain assets currently controlled by the Petroplus Group (‘Petroplus Marketing’, Switzerland) by way of purchase of shares and assets.

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






  — | for Vitol: trading of commodities and financial instruments relating in particular to oil and gas, operation of storage terminals and exploration and production of oil and gas, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Vitol: trading of commodities and financial instruments relating in particular to oil and gas, operation of storage terminals and exploration and production of oil and gas,

| — | for AtlasInvest: private investment, primarily in conventional oil and gas, |
| --- | --- |

—

for AtlasInvest: private investment, primarily in conventional oil and gas,

| — | for Petroplus Marketing: the Cressier refinery (and associated infrastructure) together with Petroplus’ wholesale marketing business in Switzerland. |
| --- | --- |

—

for Petroplus Marketing: the Cressier refinery (and associated infrastructure) together with Petroplus’ wholesale marketing business in Switzerland.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6612 — Vitol/AtlasInvest/Petroplus Marketing, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6612 — Vitol/AtlasInvest/Petroplus Marketing, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

OTHER ACTS

European Commission

| 6.6.2012 | EN | Official Journal of the European Union | C 160/23 |
| --- | --- | --- | --- |

6.6.2012

EN

Official Journal of the European Union

C 160/23

---

Notice concerning a request in accordance with to Article 30 of Directive 2004/17/EC — Deadline extension

Request from a contracting entity

2012/C 160/09

On 29 March 2012, the Commission received a request under Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).

This request, from EniPower SpA, concerns the production and sale of electricity in Italy. It was published on page 6 of OJ C 131, 5.5.2012. The initial deadline was 2 July 2012.

Given that the Commission needs to obtain and analyse additional information, and in accordance with the second sentence of Article 30(6), the period granted to the Commission for deciding on this request is hereby extended by three months.

The final deadline is therefore 2 October 2012.

---

(1)  OJ L 134, 30.4.2004, p. 1.

---