# Official Journal C 308/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 308 |
| | |
| English edition | Information and Notices | Volume 513 December 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 308

English edition

Information and Notices

Volume 513 December 2008

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Data Protection Supervisor |
| 2008/C 308/01 | Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on European Statistics (COM(2007) 625 final) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

2008/C 308/01

Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on European Statistics (COM(2007) 625 final)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 308/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 6 |
| 2008/C 308/03 | Non-opposition to a notified concentration (Case COMP/M.5020 — Lesaffre/GBI UK) (
  1
  ) | 7 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 308/02

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

6

2008/C 308/03

Non-opposition to a notified concentration (Case COMP/M.5020 — Lesaffre/GBI UK) (
  1
  )

1

7

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 308/04 | Interest rate applied by the European Central Bank to its main refinancing operations: 3,25 % on 1 December 2008 — Euro exchange rates | 8 |
| | NOTICES FROM MEMBER STATES |
| 2008/C 308/05 | Commission communication in the framework of the implementation of the Directive 94/25/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (
  1
  ) | 9 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 308/04

Interest rate applied by the European Central Bank to its main refinancing operations: 3,25 % on 1 December 2008 — Euro exchange rates

8

NOTICES FROM MEMBER STATES

2008/C 308/05

Commission communication in the framework of the implementation of the Directive 94/25/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (
  1
  )

1

9

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2008/C 308/06 | Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis des Trois Chênes)
   (
  1
  ) | 14 |
| 2008/C 308/07 | Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Pays de Buch Licence)
   (
  1
  ) | 17 |
| | OTHER ACTS |
| | Commission |
| 2008/C 308/08 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 19 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2008/C 308/06

Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis des Trois Chênes)
   (
  1
  )

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis des Trois Chênes)

1

14

2008/C 308/07

Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Pays de Buch Licence)
   (
  1
  )

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Pays de Buch Licence)

1

17

OTHER ACTS

Commission

2008/C 308/08

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

19

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| 2008/C 308/09 | Note to the reader(see page 3 of the cover) | s3 |

2008/C 308/09

Note to the reader(see page 3 of the cover)

Note to the reader

s3

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

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(1)   Text with EEA relevance

1

| EN | |
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EN

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I Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

| 3.12.2008 | EN | Official Journal of the European Union | C 308/1 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/1

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Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on European Statistics (COM(2007) 625 final)

(2008/C 308/01)

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 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 its Article 41,

Having regard to the request for an opinion in accordance with Article 28(2) of Regulation (EC) No 45/2001 received on 17 October 2007 from the European Commission,

HAS ADOPTED THE FOLLOWING OPINION:

I.   INTRODUCTION

Consultation of the EDPS

| 1. | The proposal for a Regulation of the European Parliament and of the Council on European Statistics (hereinafter ‘the proposal’) was sent by the Commission to the EDPS for consultation, in accordance with Article 28(2) of Regulation (EC) No 45/2001, on 17 October 2007. In view of the mandatory character of Article 28(2) of Regulation (EC) No 45/2001, the EDPS welcomes the explicit reference to this consultation in the preamble of the proposal. |
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1.

The proposal for a Regulation of the European Parliament and of the Council on European Statistics (hereinafter ‘the proposal’) was sent by the Commission to the EDPS for consultation, in accordance with Article 28(2) of Regulation (EC) No 45/2001, on 17 October 2007. In view of the mandatory character of Article 28(2) of Regulation (EC) No 45/2001, the EDPS welcomes the explicit reference to this consultation in the preamble of the proposal.

| 2. | On 5 September 2007, the EDPS delivered an Opinion on the proposal for a Regulation of the European Parliament and of the Council on Community statistics on public health and health and safety at work (COM(2007) 46 final) (hereinafter ‘Opinion on health statistics’) (1). This proposal had strong ties with the current more general proposal, as the former was developed against a legal background which is subject to modifications today. Therefore, as was underlined in the opinion on health statistics, under point 10, a close link exists between these two initiatives. |
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2.

On 5 September 2007, the EDPS delivered an Opinion on the proposal for a Regulation of the European Parliament and of the Council on Community statistics on public health and health and safety at work (COM(2007) 46 final) (hereinafter ‘Opinion on health statistics’) (1). This proposal had strong ties with the current more general proposal, as the former was developed against a legal background which is subject to modifications today. Therefore, as was underlined in the opinion on health statistics, under point 10, a close link exists between these two initiatives.

| 3. | Prior to the adoption of the Opinion on health statistics, a meeting held between the EDPS and Eurostat representatives led to the conclusion that ‘a common review of the processes put in place in Eurostat when dealing with individual records for statistical purposes should be conducted and may lead to the need for prior-checking’. It was also decided that ‘this common review should consist of the analysis of the minimum data set required for each processing operation and an analysis of the processing operations implemented in Eurostat’. Both elements were included in the conclusion of the above mentioned Opinion. The EDPS is currently working together with Eurostat's services in order to conduct this common review (2). |
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3.

Prior to the adoption of the Opinion on health statistics, a meeting held between the EDPS and Eurostat representatives led to the conclusion that ‘a common review of the processes put in place in Eurostat when dealing with individual records for statistical purposes should be conducted and may lead to the need for prior-checking’. It was also decided that ‘this common review should consist of the analysis of the minimum data set required for each processing operation and an analysis of the processing operations implemented in Eurostat’. Both elements were included in the conclusion of the above mentioned Opinion. The EDPS is currently working together with Eurostat's services in order to conduct this common review (2).

| 4. | Moreover, on 20 December 2007, the EDPS provided comments to the LIBE committee of the European Parliament on the Proposal for a Regulation on Population and Housing Censuses (3). Although not formally consulted by the European Commission on the proposal, the EDPS underlined the relevance of data protection in that context. He also reiterated his concerns about the crucial importance of correctly defining the legal framework in which statistical data are processed and the need for clarifications of certain definitions. |
| --- | --- |

4.

Moreover, on 20 December 2007, the EDPS provided comments to the LIBE committee of the European Parliament on the Proposal for a Regulation on Population and Housing Censuses (3). Although not formally consulted by the European Commission on the proposal, the EDPS underlined the relevance of data protection in that context. He also reiterated his concerns about the crucial importance of correctly defining the legal framework in which statistical data are processed and the need for clarifications of certain definitions.

| 5. | Finally, the EDPS, as member of the Article 29 Working Party, actively participated in the preparation of the opinion on the concept of personal data (4), which also analyses certain aspects pertaining to statistical data. |
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5.

Finally, the EDPS, as member of the Article 29 Working Party, actively participated in the preparation of the opinion on the concept of personal data (4), which also analyses certain aspects pertaining to statistical data.

The proposal in its context

| 6. | According to the explanatory memorandum, the proposal aims to revise the existing basic legal framework governing the production of statistics at European level with a view to adapting it to the current reality and also to improving it to meet future developments and challenges. In the view of the Commission, European Statistics constitute an essential contribution to building the information capacity required to sustain EU strategic objectives and the underlying policies and supporting instruments. |
| --- | --- |

6.

According to the explanatory memorandum, the proposal aims to revise the existing basic legal framework governing the production of statistics at European level with a view to adapting it to the current reality and also to improving it to meet future developments and challenges. In the view of the Commission, European Statistics constitute an essential contribution to building the information capacity required to sustain EU strategic objectives and the underlying policies and supporting instruments.

| 7. | Furthermore, the Commission states that there are also calls for a certain degree of flexibility in the statistical confidentiality regime to allow controlled access to detailed statistical data without compromising the high level of protection that confidential statistical data require. The exchange of confidential data within the European Statistical System (ESS) and the rules for access to such data for research purposes are essential elements in this regard and require modernisation of the current legal requirements. |
| --- | --- |

7.

Furthermore, the Commission states that there are also calls for a certain degree of flexibility in the statistical confidentiality regime to allow controlled access to detailed statistical data without compromising the high level of protection that confidential statistical data require. The exchange of confidential data within the European Statistical System (ESS) and the rules for access to such data for research purposes are essential elements in this regard and require modernisation of the current legal requirements.

| 8. | Article 285 of the Treaty establishing the European Community lays down the legal basis of statistical activities at European level. This Article sets out requirements relating to the production of Community statistics and, as underlined in its paragraph 2, requires ‘conform[ity] to [standards of] impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality’. The current proposal puts forward several modifications to the existing legal framework, for instance by the improvement of statistical governance or the consolidation of the activities of the European Statistical System (EES), as well as by the introduction of more flexibility in the current rules on statistical confidentiality whilst preserving a high level of data protection (5). |
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8.

Article 285 of the Treaty establishing the European Community lays down the legal basis of statistical activities at European level. This Article sets out requirements relating to the production of Community statistics and, as underlined in its paragraph 2, requires ‘conform[ity] to [standards of] impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality’. The current proposal puts forward several modifications to the existing legal framework, for instance by the improvement of statistical governance or the consolidation of the activities of the European Statistical System (EES), as well as by the introduction of more flexibility in the current rules on statistical confidentiality whilst preserving a high level of data protection (5).

| 9. | As to the goals of the proposal, it aims to simplify the existing legal framework for the production and dissemination of statistics at European level, in particular through consolidating into one single instrument a number of separate texts of Community statistical legislation. This existing legal framework to be repealed, is composed of the following legislative acts:






  — | Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (6), |
| --- | --- | --- |

9.

As to the goals of the proposal, it aims to simplify the existing legal framework for the production and dissemination of statistics at European level, in particular through consolidating into one single instrument a number of separate texts of Community statistical legislation. This existing legal framework to be repealed, is composed of the following legislative acts:

—

Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (6),

| — | Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (7); |
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—

Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (7);

| — | Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (8). |
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—

Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (8).

| 10. | The proposal seeks to maintain the implementing measures set out in Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics concerning access to confidential data for scientific purposes (9) and Commission Decision 2004/452/EC of 29 April 2004 laying down a list of bodies whose researchers may access confidential data for scientific purposes (10). |
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10.

The proposal seeks to maintain the implementing measures set out in Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics concerning access to confidential data for scientific purposes (9) and Commission Decision 2004/452/EC of 29 April 2004 laying down a list of bodies whose researchers may access confidential data for scientific purposes (10).

| 11. | Moreover, since it is important to ensure close cooperation and appropriate coordination between the ESS and the European System of Central Banks (ESCB), the current proposal shall apply without prejudice to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (11). However, as Eurostat is undergoing a common review of data processing, the results found should also be applicable to the situation of the ECB. |
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11.

Moreover, since it is important to ensure close cooperation and appropriate coordination between the ESS and the European System of Central Banks (ESCB), the current proposal shall apply without prejudice to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (11). However, as Eurostat is undergoing a common review of data processing, the results found should also be applicable to the situation of the ECB.

| 12. | The EDPS will focus his analysis on the elements of the proposal which may have an impact on the protection of personal data. |
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12.

The EDPS will focus his analysis on the elements of the proposal which may have an impact on the protection of personal data.

II.   ANALYSIS OF THE PROPOSAL

| 13. | Recital 18 states that ‘(t)he right to respect for private and family life and to the protection of personal data, as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union should be ensured’. |
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13.

Recital 18 states that ‘(t)he right to respect for private and family life and to the protection of personal data, as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union should be ensured’.

| 14. | Moreover, Recital 19 of the proposal states that ‘this Regulation (“proposal”) ensures the protection of individuals as regards the processing of personal data and specifies, as far as European Statistics are concerned, the rules laid down in 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 and in 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’. |
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14.

Moreover, Recital 19 of the proposal states that ‘this Regulation (“proposal”) ensures the protection of individuals as regards the processing of personal data and specifies, as far as European Statistics are concerned, the rules laid down in 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 and in 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’.

| 15. | The EDPS welcomes these two recitals in that they confirm that data protection is an important element to be considered when dealing with statistical data. However, the EDPS would favour, in Recital 18, the use of a more positive wording, similar to the one used in Recital 19, therefore amending it as follows: ‘This Regulation ensures the right ...’. |
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15.

The EDPS welcomes these two recitals in that they confirm that data protection is an important element to be considered when dealing with statistical data. However, the EDPS would favour, in Recital 18, the use of a more positive wording, similar to the one used in Recital 19, therefore amending it as follows: ‘This Regulation ensures the right ...’.

| 16. | The EDPS also welcomes the development of a ‘European Approach to Statistics’, as developed in Recitals 12 and 13. Part of this approach consists in determining the authorities producing the statistics. Actually, although European statistics are usually based on national data produced by national statistical authorities, they may also be produced from non-published national contributions, from subsets of national contributions and from European statistical surveys or by harmonised concepts or methods. From a data protection point of view, it is important to determine the authority which is in control of the data used in producing the statistics. Indeed, this body shall bear the responsibilities attached to the status of data controller according to Directive 95/46/EC, including in relation to the right of information, the rights of access and rectification of the data subjects, and the right to know the recipients of the data (in this case Eurostat is a recipient of the data), whenever these rights are applicable. |
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16.

The EDPS also welcomes the development of a ‘European Approach to Statistics’, as developed in Recitals 12 and 13. Part of this approach consists in determining the authorities producing the statistics. Actually, although European statistics are usually based on national data produced by national statistical authorities, they may also be produced from non-published national contributions, from subsets of national contributions and from European statistical surveys or by harmonised concepts or methods. From a data protection point of view, it is important to determine the authority which is in control of the data used in producing the statistics. Indeed, this body shall bear the responsibilities attached to the status of data controller according to Directive 95/46/EC, including in relation to the right of information, the rights of access and rectification of the data subjects, and the right to know the recipients of the data (in this case Eurostat is a recipient of the data), whenever these rights are applicable.

Data protection and statistical confidentiality

| 17. | In his Opinion on health statistics, the EDPS analysed the parallelism between the concept of confidential data and the one of personal data. He concluded that statistical confidentiality and data protection, although presenting similarities in wordings, cover two different concepts (12). The EDPS underlined the possibility of confusion between the two notions and the need to clearly address the differences between data protection and statistical confidentiality. |
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17.

In his Opinion on health statistics, the EDPS analysed the parallelism between the concept of confidential data and the one of personal data. He concluded that statistical confidentiality and data protection, although presenting similarities in wordings, cover two different concepts (12). The EDPS underlined the possibility of confusion between the two notions and the need to clearly address the differences between data protection and statistical confidentiality.

| 18. | As regards the statistical principles, the EDPS would like to specifically address Article 2(1)(e) of the proposal, which defines the principle of statistical confidentiality. First, the EDPS sees that, unlike in Regulation (EC) No 322/97, the expression ‘statistical units’ is being replaced by the one of ‘statistical data subjects’. The definition is further defined in Article 3(7). |
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18.

As regards the statistical principles, the EDPS would like to specifically address Article 2(1)(e) of the proposal, which defines the principle of statistical confidentiality. First, the EDPS sees that, unlike in Regulation (EC) No 322/97, the expression ‘statistical units’ is being replaced by the one of ‘statistical data subjects’. The definition is further defined in Article 3(7).

| 19. | The EDPS does not agree with the change of definition, for the same reason as he underlined in his Opinion on health statistics the need to clearly understand the differences of concepts in the respective domains. The concept of ‘data subject’ is an important notion of Directive 95/46/EC when defining ‘personal data’ and this notion relates exclusively to natural persons. However, the definition of statistical confidentiality relates not only to natural persons, but also to households, economic operators and other undertakings. Therefore, the EDPS suggests that the proposal should keep the notion of statistical units, because, in this case, both natural persons and households, economic operators and other undertakings are covered in a way that does not create confusion with the data protection legal framework. |
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19.

The EDPS does not agree with the change of definition, for the same reason as he underlined in his Opinion on health statistics the need to clearly understand the differences of concepts in the respective domains. The concept of ‘data subject’ is an important notion of Directive 95/46/EC when defining ‘personal data’ and this notion relates exclusively to natural persons. However, the definition of statistical confidentiality relates not only to natural persons, but also to households, economic operators and other undertakings. Therefore, the EDPS suggests that the proposal should keep the notion of statistical units, because, in this case, both natural persons and households, economic operators and other undertakings are covered in a way that does not create confusion with the data protection legal framework.

Statistical governance

| 20. | The EDPS welcomes the formulation of Article 5, which foresees the publication of a list of the other national authorities designated by Member States on the website of the Commission (Eurostat). This list will foster transparency on the authorities competent to provide Eurostat with relevant data on statistical units. |
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20.

The EDPS welcomes the formulation of Article 5, which foresees the publication of a list of the other national authorities designated by Member States on the website of the Commission (Eurostat). This list will foster transparency on the authorities competent to provide Eurostat with relevant data on statistical units.

Statistical quality

| 21. | Article 10 of the proposal is entirely dedicated to the level of quality which is expected when statistical data are produced. It lists quality dimensions which must be respected. The proposal states that in applying these quality dimensions, the modalities (sic), structure and periodicity of quality reports provided for in sectoral legislation shall be defined by the Commission in accordance with the regulatory procedure referred to in Article 27(2) of the same proposal. The EDPS would like to stress that Article 4 of Regulation (EC) No 45/2001 defines principles relating to data quality. The EDPS believes that Eurostat should take these principles into account when, according to paragraph 3 of Article 10 of the proposal, it shall assess the quality of data that Member States transmit to it. Therefore, the EDPS suggests the following modification to the second sentence of paragraph 3: ‘The Commission (Eurostat) shall assess the quality of data transmitted,

  also in view of data protection requirements

  , and publish the reports’. |
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21.

Article 10 of the proposal is entirely dedicated to the level of quality which is expected when statistical data are produced. It lists quality dimensions which must be respected. The proposal states that in applying these quality dimensions, the modalities (sic), structure and periodicity of quality reports provided for in sectoral legislation shall be defined by the Commission in accordance with the regulatory procedure referred to in Article 27(2) of the same proposal. The EDPS would like to stress that Article 4 of Regulation (EC) No 45/2001 defines principles relating to data quality. The EDPS believes that Eurostat should take these principles into account when, according to paragraph 3 of Article 10 of the proposal, it shall assess the quality of data that Member States transmit to it. Therefore, the EDPS suggests the following modification to the second sentence of paragraph 3: ‘The Commission (Eurostat) shall assess the quality of data transmitted,

  also in view of data protection requirements

  , and publish the reports’.

| 22. | Furthermore, Article 10(2) foresees the application of these quality dimensions to data covered by sectoral legislation in specific statistical domains. In the case that such sectoral legislation would be adopted, Article 10(2) states that the modalities, structure and periodicity of quality reports provided for in sectoral legislation shall be defined by the Commission. The EDPS wants to remind that he expects to be consulted on the sectoral legislation which could be adopted on statistics by the Commission in order to analyse its compliance with Regulation (EC) No 45/2001. |
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22.

Furthermore, Article 10(2) foresees the application of these quality dimensions to data covered by sectoral legislation in specific statistical domains. In the case that such sectoral legislation would be adopted, Article 10(2) states that the modalities, structure and periodicity of quality reports provided for in sectoral legislation shall be defined by the Commission. The EDPS wants to remind that he expects to be consulted on the sectoral legislation which could be adopted on statistics by the Commission in order to analyse its compliance with Regulation (EC) No 45/2001.

Dissemination of European Statistics

| 23. | Regarding dissemination, the EDPS agrees with Article 18 of the proposal allowing dissemination of statistical data through anonymised records. However, the EDPS would like to draw the attention to the general concept of ‘anonymisation’. |
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23.

Regarding dissemination, the EDPS agrees with Article 18 of the proposal allowing dissemination of statistical data through anonymised records. However, the EDPS would like to draw the attention to the general concept of ‘anonymisation’.

| 24. | When considering anonymity from a data protection point of view, account should be taken of the interpretation of the Article 29 Working Party in its opinion on the concept of personal data (13). In its view, based on Directive 95/46/EC, anonymised data is any information relating to a natural person where the person cannot be identified, whether by the data controller or by any other person, taking account of all the means likely reasonably to be used either by the controller or by any other person to identify that individual. Anonymised data would be anonymous data which previously referred to an identifiable person, no longer identifiable. |
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24.

When considering anonymity from a data protection point of view, account should be taken of the interpretation of the Article 29 Working Party in its opinion on the concept of personal data (13). In its view, based on Directive 95/46/EC, anonymised data is any information relating to a natural person where the person cannot be identified, whether by the data controller or by any other person, taking account of all the means likely reasonably to be used either by the controller or by any other person to identify that individual. Anonymised data would be anonymous data which previously referred to an identifiable person, no longer identifiable.

| 25. | In his Opinion on health statistics, the EDPS already underlined that although the notion would, from a data protection point of view, cover data that are no longer identifiable, from a statistical point of view, anonymous data are data for which no direct identification is possible. This definition implies that the possibility of indirect identification would still qualify the data concerned as anonymous from a statistical point of view, but not necessarily from a data protection point of view. |
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25.

In his Opinion on health statistics, the EDPS already underlined that although the notion would, from a data protection point of view, cover data that are no longer identifiable, from a statistical point of view, anonymous data are data for which no direct identification is possible. This definition implies that the possibility of indirect identification would still qualify the data concerned as anonymous from a statistical point of view, but not necessarily from a data protection point of view.

| 26. | Therefore, in order to avoid any confusion between the two interpretations, the EDPS would propose to amend Article 18 of the proposal as follows: ‘Individual data may be disseminated in the form of a public use file consisting of anonymised records which have been prepared in such a way that the statistical unit cannot be identified,

  either directly or indirectly

  , when account is taken of all relevant means that might reasonably be used by a third party’. This clarification should avoid any uncertainty regarding the data which may be made available for public use. |
| --- | --- |

26.

Therefore, in order to avoid any confusion between the two interpretations, the EDPS would propose to amend Article 18 of the proposal as follows: ‘Individual data may be disseminated in the form of a public use file consisting of anonymised records which have been prepared in such a way that the statistical unit cannot be identified,

  either directly or indirectly

  , when account is taken of all relevant means that might reasonably be used by a third party’. This clarification should avoid any uncertainty regarding the data which may be made available for public use.

Transmission of confidential data

| 27. | Article 20 sets the general rule on transmission of confidential data between national authorities and between national authorities and the Commission, as well as sets the rules on the exchange of confidential data for statistical purposes between the ESS and the ESCB. Article 20(1) of the proposal states that these transmissions are necessary for the development, production or dissemination of European Statistics, justifying the planned transfers. The EDPS considers that such transfers taking place between Eurostat and the national authorities and between Eurostat and the ECB comply with the conditions of necessity provided for in Articles 7 and 8 of Regulation (EC) No 45/2001. Moreover, the EDPS supports the sentence of Article 20(1) which foresees that ‘any further transmission must be explicitly authorised by the national authority that collected the data’. Besides, in its opinion on the proposal, the ECB (14) suggested some amendments to Article 20 in order to reflect the legal basis of its competences in processing statistical data and on the exchange of confidential data for statistical purposes between the ESS and the ECB. The EDPS agrees with the drafting modifications of the proposal made by the ECB. |
| --- | --- |

27.

Article 20 sets the general rule on transmission of confidential data between national authorities and between national authorities and the Commission, as well as sets the rules on the exchange of confidential data for statistical purposes between the ESS and the ESCB. Article 20(1) of the proposal states that these transmissions are necessary for the development, production or dissemination of European Statistics, justifying the planned transfers. The EDPS considers that such transfers taking place between Eurostat and the national authorities and between Eurostat and the ECB comply with the conditions of necessity provided for in Articles 7 and 8 of Regulation (EC) No 45/2001. Moreover, the EDPS supports the sentence of Article 20(1) which foresees that ‘any further transmission must be explicitly authorised by the national authority that collected the data’. Besides, in its opinion on the proposal, the ECB (14) suggested some amendments to Article 20 in order to reflect the legal basis of its competences in processing statistical data and on the exchange of confidential data for statistical purposes between the ESS and the ECB. The EDPS agrees with the drafting modifications of the proposal made by the ECB.

Access to confidential data for research purposes

| 28. | Although Article 22 introduces the possibility of granting access to confidential data under certain conditions to be established, the EDPS would like to remind that the release of the data sets to researchers is governed by Regulation (EC) No 831/2002, which is not repealed by the current proposal (see Recital 29 of the proposal). Therefore, besides compliance with Regulation (EC) No 45/2001 the specific rules established in the above mentioned Commission Regulation regarding access to anonymised microdata for scientific purposes will have to be taken into consideration by any modalities, rules and conditions for access established by the Commission. |
| --- | --- |

28.

Although Article 22 introduces the possibility of granting access to confidential data under certain conditions to be established, the EDPS would like to remind that the release of the data sets to researchers is governed by Regulation (EC) No 831/2002, which is not repealed by the current proposal (see Recital 29 of the proposal). Therefore, besides compliance with Regulation (EC) No 45/2001 the specific rules established in the above mentioned Commission Regulation regarding access to anonymised microdata for scientific purposes will have to be taken into consideration by any modalities, rules and conditions for access established by the Commission.

III.   CONCLUSION

| 29. | The EDPS welcomes the proposal for a Regulation on European statistics. This Regulation would give a firm and general legal basis to the development, production and dissemination of statistics at a European level. |
| --- | --- |

29.

The EDPS welcomes the proposal for a Regulation on European statistics. This Regulation would give a firm and general legal basis to the development, production and dissemination of statistics at a European level.

| 30. | However, the EDPS would like to stress the following points:






  — | the EDPS expects to be consulted on the sectoral legislation which could be adopted on statistics by the Commission in order to implement this Regulation, once it has been adopted, |
| --- | --- | --- |

30.

However, the EDPS would like to stress the following points:

—

the EDPS expects to be consulted on the sectoral legislation which could be adopted on statistics by the Commission in order to implement this Regulation, once it has been adopted,

| — | a modification of the wording of Recital 18 should be implemented, |
| --- | --- |

—

a modification of the wording of Recital 18 should be implemented,

| — | the proposed concept of ‘statistical data subject’ should be reconsidered in order to avoid confusion with data protection concepts, |
| --- | --- |

—

the proposed concept of ‘statistical data subject’ should be reconsidered in order to avoid confusion with data protection concepts,

| — | the principle of data quality should be taken into consideration in the quality assessment of the Commission, |
| --- | --- |

—

the principle of data quality should be taken into consideration in the quality assessment of the Commission,

| — | the ambiguity of the concept of ‘anonymisation’ of data should be considered in the context of dissemination of data. |
| --- | --- |

—

the ambiguity of the concept of ‘anonymisation’ of data should be considered in the context of dissemination of data.

Done at Brussels, 20 May 2008.

Peter HUSTINX

European Data Protection Supervisor

---

(1)  OJ C 295, 7.12.2007, p. 1. Available on the EDPS website.

1

(2)  As a possible conclusion of the common review, there may be a need for prior-checking of individual processing operations, in accordance with Article 27 of Regulation (EC) No 45/2001.

2

(3)  COM(2007) 69 final.

3

(4)  Article 29 Data Protection Working Party, Opinion No 4/2007 on the concept of personal data, adopted on 20 June 2007 (WP 136). See especially examples 17 and 18.

4

(5)  Point 3 of the Explanatory Memorandum.

5

(6)  OJ L 52, 22.2.1997, p. 1.

6

(7)  OJ L 151, 15.6.1990, p. 1.

7

(8)  OJ L 181, 28.6.1989, p. 47.

8

(9)  OJ L 133, 18.5.2002, p. 7.

9

(10)  OJ L 156, 30.4.2004, p. 1, as corrected by OJ L 202, 7.6.2004, p. 1.

10

(11)  OJ L 318, 27.11.1998, p. 8. See also opinion of the European Central Bank on the proposal.

11

(12)  See points 14-17 of the Opinion.

12

(13)  See footnote 4.

13

(14)  See ECB Opinion (OJ C 291, 5.12.2007, p. 1) — drafting proposals.

14

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 3.12.2008 | EN | Official Journal of the European Union | C 308/6 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/6

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 308/02)

| Date of adoption of the decision | 29.10.2008 |
| --- | --- |
| Reference number of the aid | N 533/08 |
| Member State | Sweden |
| Region | — |
| Title (and/or name of the beneficiary) | Support measures for the banking industry in Sweden |
| Legal basis | Lagen om statligt stöd till kreditinstitut |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee |
| Budget | Annual budget: EUR 150 000 million |
| Intensity | — |
| Duration | 10.2008-4.2009 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Swedish National Debt Office |
| Other information | — |

Date of adoption of the decision

29.10.2008

Reference number of the aid

N 533/08

Member State

Sweden

Region

—

Title (and/or name of the beneficiary)

Support measures for the banking industry in Sweden

Legal basis

Lagen om statligt stöd till kreditinstitut

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee

Budget

Annual budget: EUR 150 000 million

Intensity

—

Duration

10.2008-4.2009

Economic sectors

Financial intermediation

Name and address of the granting authority

Swedish National Debt Office

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/

---

| 3.12.2008 | EN | Official Journal of the European Union | C 308/7 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/7

---

Non-opposition to a notified concentration

(Case COMP/M.5020 — Lesaffre/GBI UK)

(Text with EEA relevance)

(2008/C 308/03)

On 11 July 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32008M5020. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5020. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 3.12.2008 | EN | Official Journal of the European Union | C 308/8 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/8

---

Interest rate applied by the European Central Bank to its main refinancing operations (1):

3,25 % on 1 December 2008

Euro exchange rates (2)

2 December 2008

(2008/C 308/04)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2697 |
| JPY | Japanese yen | 118,56 |
| DKK | Danish krone | 7,4486 |
| GBP | Pound sterling | 0,84695 |
| SEK | Swedish krona | 10,5340 |
| CHF | Swiss franc | 1,5311 |
| ISK | Iceland króna | 290,00 |
| NOK | Norwegian krone | 8,9650 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,688 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 261,35 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 3,8325 |
| RON | Romanian leu | 3,8195 |
| SKK | Slovak koruna | 30,265 |
| TRY | Turkish lira | 2,0189 |
| AUD | Australian dollar | 1,9602 |
| CAD | Canadian dollar | 1,5756 |
| HKD | Hong Kong dollar | 9,8416 |
| NZD | New Zealand dollar | 2,3804 |
| SGD | Singapore dollar | 1,9425 |
| KRW | South Korean won | 1 864,00 |
| ZAR | South African rand | 13,1230 |
| CNY | Chinese yuan renminbi | 8,7444 |
| HRK | Croatian kuna | 7,1796 |
| IDR | Indonesian rupiah | 15 871,25 |
| MYR | Malaysian ringgit | 4,6211 |
| PHP | Philippine peso | 62,750 |
| RUB | Russian rouble | 35,4538 |
| THB | Thai baht | 45,157 |
| BRL | Brazilian real | 2,9546 |
| MXN | Mexican peso | 17,2171 |

Currency

Exchange rate

USD

US dollar

1,2697

JPY

Japanese yen

118,56

DKK

Danish krone

7,4486

GBP

Pound sterling

0,84695

SEK

Swedish krona

10,5340

CHF

Swiss franc

1,5311

ISK

Iceland króna

290,00

NOK

Norwegian krone

8,9650

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,688

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

261,35

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

3,8325

RON

Romanian leu

3,8195

SKK

Slovak koruna

30,265

TRY

Turkish lira

2,0189

AUD

Australian dollar

1,9602

CAD

Canadian dollar

1,5756

HKD

Hong Kong dollar

9,8416

NZD

New Zealand dollar

2,3804

SGD

Singapore dollar

1,9425

KRW

South Korean won

1 864,00

ZAR

South African rand

13,1230

CNY

Chinese yuan renminbi

8,7444

HRK

Croatian kuna

7,1796

IDR

Indonesian rupiah

15 871,25

MYR

Malaysian ringgit

4,6211

PHP

Philippine peso

62,750

RUB

Russian rouble

35,4538

THB

Thai baht

45,157

BRL

Brazilian real

2,9546

MXN

Mexican peso

17,2171

---

(1)

Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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

---

NOTICES FROM MEMBER STATES

| 3.12.2008 | EN | Official Journal of the European Union | C 308/9 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/9

---

Commission communication in the framework of the implementation of the Directive 94/25/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

(2008/C 308/05)

| ESO (1) | Reference and title of the harmonised standard
  (and reference document) | Reference of superseded standard | Date of cessation of presumption of conformity of superseded standard
  (Note 1) |
| --- | --- | --- | --- |
| CEN | EN ISO 6185-1:2001
  Inflatable boats — Part 1: Boats with a maximum motor power rating of 4,5 kW (ISO 6185-1:2001) | — | |
| CEN | EN ISO 6185-2:2001
  Inflatable boats — Part 2: Boats with a maximum motor power rating of 4,5 kW to 15 kW inclusive (ISO 6185-2:2001) | — | |
| CEN | EN ISO 6185-3:2001
  Inflatable boats — Part 3: Boats with a maximum motor power rating of 15 kW and greater (ISO 6185-3:2001) | — | |
| CEN | EN ISO 7840:2004
  Small craft — Fire-resistant fuel hoses (ISO 7840:2004) | EN ISO 7840:1995 | Date expired
  (31.8.2004) |
| CEN | EN ISO 8099:2000
  Small craft — Toilet waste retention systems (ISO 8099:2000) | — | |
| CEN | EN ISO 8469:2006
  Small craft — Non-fire-resistant fuel hoses (ISO 8469:2006) | EN ISO 8469:1995 | Date expired
  (31.1.2007) |
| CEN | EN ISO 8665:2006
  Small craft — Marine propulsion reciprocating internal combustion engines — Power measurements and declarations (ISO 8665:2006) | EN ISO 8665:1995 | Date expired
  (31.12.2006) |
| CEN | EN ISO 8666:2002
  Small craft — Principal data (ISO 8666:2002) | — | |
| CEN | EN ISO 8847:2004
  Small craft — Steering gear — Cable and pulley systems (ISO 8847:2004) | EN 28847:1989 | Date expired
  (30.11.2004) |
| EN ISO 8847:2004/AC:2005 | | |
| CEN | EN ISO 8849:2003
  Small craft — Electrically operated direct-current bilge-pumps (ISO 8849:2003) | EN 28849:1993 | Date expired
  (30.4.2004) |
| CEN | EN ISO 9093-1:1997
  Small craft — Seacocks and through-hull fittings — Part 1: Metallic (ISO 9093-1:1994) | — | |
| CEN | EN ISO 9093-2:2002
  Small craft — Seacocks and through-hull fittings — Part 2: Non-metallic (ISO 9093-2:2002) | — | |
| CEN | EN ISO 9094-1:2003
  Small craft — Fire protection — Part 1: Craft with a hull length of up to and including 15 m (ISO 9094-1:2003) | — | |
| CEN | EN ISO 9094-2:2002
  Small craft — Fire protection — Part 2: Craft with a hull length of over 15 m (ISO 9094-2:2002) | — | |
| CEN | EN ISO 9097:1994
  Small craft — Electric fans (ISO 9097:1991) | — | |
| EN ISO 9097:1994/A1:2000 | Note 3 | Date expired
  (31.3.2001) |
| CEN | EN ISO 10087:2006
  Small craft — Craft identification — Coding system (ISO 10087:2006) | EN ISO 10087:1996 | Date expired
  (30.9.2006) |
| CEN | EN ISO 10088:2001
  Small craft — Permanently installed fuel systems and fixed fuel tanks (ISO 10088:2001) | — | |
| CEN | EN ISO 10133:2000
  Small craft — Electrical systems — Extra-low-voltage d.c. installations (ISO 10133:2000) | — | |
| CEN | EN ISO 10239:2008
  Small craft — Liquefied petroleum gas (LPG) systems (ISO 10239:2008) | EN ISO 10239:2000 | Date expired
  (31.8.2008) |
| CEN | EN ISO 10240:2004
  Small craft — Owner's manual (ISO 10240:2004) | EN ISO 10240:1996 | Date expired
  (30.4.2005) |
| CEN | EN ISO 10592:1995
  Small craft — Hydraulic steering systems (ISO 10592:1994) | — | |
| EN ISO 10592:1995/A1:2000 | Note 3 | Date expired
  (31.3.2001) |
| CEN | EN ISO 11105:1997
  Small craft — Ventilation of petrol engine and/or petrol tank compartments (ISO 11105:1997) | — | |
| CEN | EN ISO 11192:2005
  Small craft — Graphical symbols (ISO 11192:2005) | — | |
| CEN | EN ISO 11547:1995
  Small craft — Start-in-gear protection (ISO 11547:1994) | — | |
| EN ISO 11547:1995/A1:2000 | Note 3 | Date expired
  (31.3.2001) |
| CEN | EN ISO 11591:2000
  Small craft, engine-driven — Field of vision from helm position (ISO 11591:2000) | — | |
| CEN | EN ISO 11592:2001
  Small craft less than 8 m length of hull — Determination of maximum propulsion power rating (ISO 11592:2001) | — | |
| CEN | EN ISO 11812:2001
  Small craft — Watertight cockpits and quick-draining cockpits (ISO 11812:2001) | — | |
| CEN | EN ISO 12215-1:2000
  Small craft — Hull construction and scantlings — Part 1: Materials: Thermosetting resins, glass-fibre reinforcement, reference laminate (ISO 12215-1:2000) | — | |
| CEN | EN ISO 12215-2:2002
  Small craft — Hull construction and scantlings — Part 2: Materials: Core materials for sandwich construction, embedded materials (ISO 12215-2:2002) | — | |
| CEN | EN ISO 12215-3:2002
  Small craft — Hull construction and scantlings — Part 3: Materials: Steel, aluminium alloys, wood, other materials (ISO 12215-3:2002) | — | |
| CEN | EN ISO 12215-4:2002
  Small craft — Hull construction and scantlings — Part 4: Workshop and manufacturing (ISO 12215-4:2002) | — | |
| CEN | EN ISO 12215-5:2008
  Small craft — Hull construction and scantlings — Part 5: Design pressures for monohulls, design stresses, scantlings determination (ISO 12215-5:2008) | — | |
| CEN | EN ISO 12215-6:2008
  Small craft — Hull construction and scantlings — Part 6: Structural arrangements and details (ISO 12215-6:2008) | — | |
| CEN | EN ISO 12216:2002
  Small craft — Windows, portlights, hatches, deadlights and doors — Strength and watertightness requirements (ISO 12216:2002) | — | |
| CEN | EN ISO 12217-1:2002
  Small craft — Stability and buoyancy assessment and categorization — Part 1: Non-sailing boats of hull length greater than or equal to 6 m (ISO 12217-1:2002) | — | |
| CEN | EN ISO 12217-2:2002
  Small craft — Stability and buoyancy assessment and categorization — Part 2: Sailing boats of hull length greater than or equal to 6 m (ISO 12217-2:2002) | — | |
| CEN | EN ISO 12217-3:2002
  Small craft — Stability and buoyancy assessment and categorization — Part 3: Boats of hull length less than 6 m (ISO 12217-3:2002) | — | |
| CEN | EN ISO 13297:2000
  Small craft — Electrical systems — Alternating current installations (ISO 13297:2000) | — | |
| CEN | EN ISO 13590:2003
  Small craft — Personal watercraft — Construction and system installation requirements (ISO 13590:2003) | — | |
| EN ISO 13590:2003/AC:2004 | | |
| CEN | EN ISO 13929:2001
  Small craft — Steering gear — Geared link systems (ISO 13929:2001) | — | |
| CEN | EN ISO 14509:2000
  Small craft — Measurement of airborne sound emitted by powered recreational craft (ISO 14509:2000) | — | |
| EN ISO 14509:2000/A1:2004 | Note 3 | Date expired
  (31.3.2005) |
| CEN | EN ISO 14509-2:2006
  Small craft — Airborne sound emitted by powered recreational craft — Part 2: Sound assessment using reference craft (ISO 14509-2:2006) | — | |
| CEN | EN ISO 14895:2003
  Small craft — Liquid-fuelled galley stoves (ISO 14895:2000) | — | |
| CEN | EN ISO 14945:2004
  Small craft — Builder's plate (ISO 14945:2004) | — | |
| EN ISO 14945:2004/AC:2005 | | |
| CEN | EN ISO 14946:2001
  Small craft — Maximum load capacity (ISO 14946:2001) | — | |
| EN ISO 14946:2001/AC:2005 | | |
| CEN | EN ISO 15083:2003
  Small craft — Bilge-pumping systems (ISO 15083:2003) | — | |
| CEN | EN ISO 15084:2003
  Small craft — Anchoring, mooring and towing — Strong points (ISO 15084:2003) | — | |
| CEN | EN ISO 15085:2003
  Small craft — Man-overboard prevention and recovery (ISO 15085:2003) | — | |
| CEN | EN ISO 15584:2001
  Small craft — Inboard petrol engines — Engine-mounted fuel and electrical components (ISO 15584:2001) | — | |
| CEN | EN ISO 15652:2005
  Small craft — Remote steering systems for inboard mini jet boats (ISO 15652:2003) | — | |
| CEN | EN ISO 16147:2002
  Small craft — Inboard diesel engines — Engine-mounted fuel and electrical components (ISO 16147:2002) | — | |
| CEN | EN ISO 21487:2006
  Small craft — Permanently installed petrol and diesel fuel tanks (ISO 21487:2006) | — | |
| CEN | EN 28846:1993
  Small craft — Electrical devices — Protection against ignition of surrounding flammable gases (ISO 8846:1990) | — | |
| EN 28846:1993/A1:2000 | Note 3 | Date expired
  (31.3.2001) |
| CEN | EN 28848:1993
  Small craft — Remote steering systems (ISO 8848:1990) | — | |
| EN 28848:1993/A1:2000 | Note 3 | Date expired
  (31.3.2001) |
| CEN | EN 29775:1993
  Small craft — Remote steering systems for single outboard motors of 15 kW to 40 kW power (ISO 9775:1990) | — | |
| EN 29775:1993/A1:2000 | Note 3 | Date expired
  (31.3.2001) |
| Cenelec | EN 60092-507:2000
  Electrical installations in ships — Part 507: Pleasure craft (IEC 60092-507:2000) | — | |

ESO (1)

Reference and title of the harmonised standard

(and reference document)

Reference of superseded standard

Date of cessation of presumption of conformity of superseded standard

(Note 1)

CEN

EN ISO 6185-1:2001

Inflatable boats — Part 1: Boats with a maximum motor power rating of 4,5 kW (ISO 6185-1:2001)

—

CEN

EN ISO 6185-2:2001

Inflatable boats — Part 2: Boats with a maximum motor power rating of 4,5 kW to 15 kW inclusive (ISO 6185-2:2001)

—

CEN

EN ISO 6185-3:2001

Inflatable boats — Part 3: Boats with a maximum motor power rating of 15 kW and greater (ISO 6185-3:2001)

—

CEN

EN ISO 7840:2004

Small craft — Fire-resistant fuel hoses (ISO 7840:2004)

EN ISO 7840:1995

Date expired

(31.8.2004)

CEN

EN ISO 8099:2000

Small craft — Toilet waste retention systems (ISO 8099:2000)

—

CEN

EN ISO 8469:2006

Small craft — Non-fire-resistant fuel hoses (ISO 8469:2006)

EN ISO 8469:1995

Date expired

(31.1.2007)

CEN

EN ISO 8665:2006

Small craft — Marine propulsion reciprocating internal combustion engines — Power measurements and declarations (ISO 8665:2006)

EN ISO 8665:1995

Date expired

(31.12.2006)

CEN

EN ISO 8666:2002

Small craft — Principal data (ISO 8666:2002)

—

CEN

EN ISO 8847:2004

Small craft — Steering gear — Cable and pulley systems (ISO 8847:2004)

EN 28847:1989

Date expired

(30.11.2004)

EN ISO 8847:2004/AC:2005

CEN

EN ISO 8849:2003

Small craft — Electrically operated direct-current bilge-pumps (ISO 8849:2003)

EN 28849:1993

Date expired

(30.4.2004)

CEN

EN ISO 9093-1:1997

Small craft — Seacocks and through-hull fittings — Part 1: Metallic (ISO 9093-1:1994)

—

CEN

EN ISO 9093-2:2002

Small craft — Seacocks and through-hull fittings — Part 2: Non-metallic (ISO 9093-2:2002)

—

CEN

EN ISO 9094-1:2003

Small craft — Fire protection — Part 1: Craft with a hull length of up to and including 15 m (ISO 9094-1:2003)

—

CEN

EN ISO 9094-2:2002

Small craft — Fire protection — Part 2: Craft with a hull length of over 15 m (ISO 9094-2:2002)

—

CEN

EN ISO 9097:1994

Small craft — Electric fans (ISO 9097:1991)

—

EN ISO 9097:1994/A1:2000

Note 3

Date expired

(31.3.2001)

CEN

EN ISO 10087:2006

Small craft — Craft identification — Coding system (ISO 10087:2006)

EN ISO 10087:1996

Date expired

(30.9.2006)

CEN

EN ISO 10088:2001

Small craft — Permanently installed fuel systems and fixed fuel tanks (ISO 10088:2001)

—

CEN

EN ISO 10133:2000

Small craft — Electrical systems — Extra-low-voltage d.c. installations (ISO 10133:2000)

—

CEN

EN ISO 10239:2008

Small craft — Liquefied petroleum gas (LPG) systems (ISO 10239:2008)

EN ISO 10239:2000

Date expired

(31.8.2008)

CEN

EN ISO 10240:2004

Small craft — Owner's manual (ISO 10240:2004)

EN ISO 10240:1996

Date expired

(30.4.2005)

CEN

EN ISO 10592:1995

Small craft — Hydraulic steering systems (ISO 10592:1994)

—

EN ISO 10592:1995/A1:2000

Note 3

Date expired

(31.3.2001)

CEN

EN ISO 11105:1997

Small craft — Ventilation of petrol engine and/or petrol tank compartments (ISO 11105:1997)

—

CEN

EN ISO 11192:2005

Small craft — Graphical symbols (ISO 11192:2005)

—

CEN

EN ISO 11547:1995

Small craft — Start-in-gear protection (ISO 11547:1994)

—

EN ISO 11547:1995/A1:2000

Note 3

Date expired

(31.3.2001)

CEN

EN ISO 11591:2000

Small craft, engine-driven — Field of vision from helm position (ISO 11591:2000)

—

CEN

EN ISO 11592:2001

Small craft less than 8 m length of hull — Determination of maximum propulsion power rating (ISO 11592:2001)

—

CEN

EN ISO 11812:2001

Small craft — Watertight cockpits and quick-draining cockpits (ISO 11812:2001)

—

CEN

EN ISO 12215-1:2000

Small craft — Hull construction and scantlings — Part 1: Materials: Thermosetting resins, glass-fibre reinforcement, reference laminate (ISO 12215-1:2000)

—

CEN

EN ISO 12215-2:2002

Small craft — Hull construction and scantlings — Part 2: Materials: Core materials for sandwich construction, embedded materials (ISO 12215-2:2002)

—

CEN

EN ISO 12215-3:2002

Small craft — Hull construction and scantlings — Part 3: Materials: Steel, aluminium alloys, wood, other materials (ISO 12215-3:2002)

—

CEN

EN ISO 12215-4:2002

Small craft — Hull construction and scantlings — Part 4: Workshop and manufacturing (ISO 12215-4:2002)

—

CEN

EN ISO 12215-5:2008

Small craft — Hull construction and scantlings — Part 5: Design pressures for monohulls, design stresses, scantlings determination (ISO 12215-5:2008)

—

CEN

EN ISO 12215-6:2008

Small craft — Hull construction and scantlings — Part 6: Structural arrangements and details (ISO 12215-6:2008)

—

CEN

EN ISO 12216:2002

Small craft — Windows, portlights, hatches, deadlights and doors — Strength and watertightness requirements (ISO 12216:2002)

—

CEN

EN ISO 12217-1:2002

Small craft — Stability and buoyancy assessment and categorization — Part 1: Non-sailing boats of hull length greater than or equal to 6 m (ISO 12217-1:2002)

—

CEN

EN ISO 12217-2:2002

Small craft — Stability and buoyancy assessment and categorization — Part 2: Sailing boats of hull length greater than or equal to 6 m (ISO 12217-2:2002)

—

CEN

EN ISO 12217-3:2002

Small craft — Stability and buoyancy assessment and categorization — Part 3: Boats of hull length less than 6 m (ISO 12217-3:2002)

—

CEN

EN ISO 13297:2000

Small craft — Electrical systems — Alternating current installations (ISO 13297:2000)

—

CEN

EN ISO 13590:2003

Small craft — Personal watercraft — Construction and system installation requirements (ISO 13590:2003)

—

EN ISO 13590:2003/AC:2004

CEN

EN ISO 13929:2001

Small craft — Steering gear — Geared link systems (ISO 13929:2001)

—

CEN

EN ISO 14509:2000

Small craft — Measurement of airborne sound emitted by powered recreational craft (ISO 14509:2000)

—

EN ISO 14509:2000/A1:2004

Note 3

Date expired

(31.3.2005)

CEN

EN ISO 14509-2:2006

Small craft — Airborne sound emitted by powered recreational craft — Part 2: Sound assessment using reference craft (ISO 14509-2:2006)

—

CEN

EN ISO 14895:2003

Small craft — Liquid-fuelled galley stoves (ISO 14895:2000)

—

CEN

EN ISO 14945:2004

Small craft — Builder's plate (ISO 14945:2004)

—

EN ISO 14945:2004/AC:2005

CEN

EN ISO 14946:2001

Small craft — Maximum load capacity (ISO 14946:2001)

—

EN ISO 14946:2001/AC:2005

CEN

EN ISO 15083:2003

Small craft — Bilge-pumping systems (ISO 15083:2003)

—

CEN

EN ISO 15084:2003

Small craft — Anchoring, mooring and towing — Strong points (ISO 15084:2003)

—

CEN

EN ISO 15085:2003

Small craft — Man-overboard prevention and recovery (ISO 15085:2003)

—

CEN

EN ISO 15584:2001

Small craft — Inboard petrol engines — Engine-mounted fuel and electrical components (ISO 15584:2001)

—

CEN

EN ISO 15652:2005

Small craft — Remote steering systems for inboard mini jet boats (ISO 15652:2003)

—

CEN

EN ISO 16147:2002

Small craft — Inboard diesel engines — Engine-mounted fuel and electrical components (ISO 16147:2002)

—

CEN

EN ISO 21487:2006

Small craft — Permanently installed petrol and diesel fuel tanks (ISO 21487:2006)

—

CEN

EN 28846:1993

Small craft — Electrical devices — Protection against ignition of surrounding flammable gases (ISO 8846:1990)

—

EN 28846:1993/A1:2000

Note 3

Date expired

(31.3.2001)

CEN

EN 28848:1993

Small craft — Remote steering systems (ISO 8848:1990)

—

EN 28848:1993/A1:2000

Note 3

Date expired

(31.3.2001)

CEN

EN 29775:1993

Small craft — Remote steering systems for single outboard motors of 15 kW to 40 kW power (ISO 9775:1990)

—

EN 29775:1993/A1:2000

Note 3

Date expired

(31.3.2001)

Cenelec

EN 60092-507:2000

Electrical installations in ships — Part 507: Pleasure craft (IEC 60092-507:2000)

—

| Note 1 | Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise. |
| --- | --- |

Note 1

Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

| Note 3 | In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
| --- | --- |

Note 3

In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive.

Note:

| — | any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC of the European Parliament and of the Council (2) amended by the Directive 98/48/EC (3), |
| --- | --- |

—

any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC of the European Parliament and of the Council (2) amended by the Directive 98/48/EC (3),

| — | publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages, |
| --- | --- |

—

publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages,

| — | this list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list. |
| --- | --- |

—

this list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list.

More information about harmonised standards on the Internet at:

http://ec.europa.eu/enterprise/newapproach/standardization/harmstds/

---

(1)  ESO: European Standardisation Organisation:

| — | CEN: rue de Stassart 36, B-1050 Brussels, tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cen.eu), |
| --- | --- |

—

CEN: rue de Stassart 36, B-1050 Brussels, tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cen.eu),

| — | Cenelec: rue de Stassart 35, B-1050 Brussels, tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org), |
| --- | --- |

—

Cenelec: rue de Stassart 35, B-1050 Brussels, tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org),

| — | ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org). |
| --- | --- |

—

ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org).

(2)  OJ L 204, 21.7.1998, p. 37.

(3)  OJ L 217, 5.8.1998, p. 18.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 3.12.2008 | EN | Official Journal of the European Union | C 308/14 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/14

---

Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1)

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the ‘Permis des Trois Chênes’)

(Text with EEA relevance)

(2008/C 308/06)

On 11 April 2008, Geopetrol, a company with registered offices at 9, rue Nicolas Copernic — BP 20, F-93151 Le Blanc-Mesnil Cedex, applied for an exclusive five-year licence, designated the ‘Permis des Trois Chênes’, to prospect for oil and gas in an area of approximately 281 km2 in the department of Seine-et-Marne.

The perimeter of the area covered by this licence consists of the meridian and parallel arcs connecting in turn the vertices defined below by their geographical coordinates in degrees, the prime meridian being that of Paris.

| Vertices | Longitude | Latitude |
| --- | --- | --- |
| A | 0,62° E | 54,00° N |
| B | 0,80° E | 54,00° N |
| C | 0,80° E | 53,80° N |
| D | 0,50° E | 53,80° N |
| E | 0,50° E | 53,88° N |
| F | 0,57° E | 53,88° N |
| G | 0,57° E | 53,94° N |
| H | 0,59° E | 53,94° N |
| I | 0,59° E | 53,96° N |
| J | 0,60° E | 53,96° N |
| K | 0,60° E | 53,97° N |
| L | 0,61° E | 53,97° N |
| M | 0,61° E | 53,99° N |
| N | 0,62° E | 53,99° N |

Vertices

Longitude

Latitude

A

0,62° E

54,00° N

B

0,80° E

54,00° N

C

0,80° E

53,80° N

D

0,50° E

53,80° N

E

0,50° E

53,88° N

F

0,57° E

53,88° N

G

0,57° E

53,94° N

H

0,59° E

53,94° N

I

0,59° E

53,96° N

J

0,60° E

53,96° N

K

0,60° E

53,97° N

L

0,61° E

53,97° N

M

0,61° E

53,99° N

N

0,62° E

53,99° N

The following are excluded from that perimeter:

The area of the Charmottes concession (36,5 km2)

| Vertices | Longitude | Latitude |
| --- | --- | --- |
| O | 0,67° E | 53,95° N |
| P | 0,77° E | 53,95° N |
| Q | 0,77° E | 53,92° N |
| R | 0,76° E | 53,92° N |
| S | 0,76° E | 53,91° N |
| T | 0,75° E | 53,91° N |
| U | 0,75° E | 53,90° N |
| V | 0,74° E | 53,90° N |
| W | 0,74° E | 53,89° N |
| X | 0,72° E | 53,89° N |
| Y | 0,72° E | 53,88° N |
| Z | 0,69° E | 53,88° N |
| AA | 0,69° E | 53,90° N |
| AB | 0,67° E | 53,90° N |

Vertices

Longitude

Latitude

O

0,67° E

53,95° N

P

0,77° E

53,95° N

Q

0,77° E

53,92° N

R

0,76° E

53,92° N

S

0,76° E

53,91° N

T

0,75° E

53,91° N

U

0,75° E

53,90° N

V

0,74° E

53,90° N

W

0,74° E

53,89° N

X

0,72° E

53,89° N

Y

0,72° E

53,88° N

Z

0,69° E

53,88° N

AA

0,69° E

53,90° N

AB

0,67° E

53,90° N

The area of the Brémonderie concession (11,3 km2)

| Vertices | Longitude | Latitude |
| --- | --- | --- |
| AC | 0,75° E | 53,88° N |
| AD | 0,78° E | 53,88° N |
| AE | 0,78° E | 53,86° N |
| AF | 0,77° E | 53,86° N |
| AG | 0,77° E | 53,85° N |
| AH | 0,75° E | 53,85° N |
| AI | 0,75° E | 53,84° N |
| AJ | 0,71° E | 53,84° N |
| AK | 0,71° E | 53,85° N |
| AL | 0,72° E | 53,85° N |
| AM | 0,72° E | 53,86° N |
| AN | 0,73° E | 53,86° N |
| AO | 0,73° E | 53,87° N |
| AP | 0,75° E | 53,87° N |

Vertices

Longitude

Latitude

AC

0,75° E

53,88° N

AD

0,78° E

53,88° N

AE

0,78° E

53,86° N

AF

0,77° E

53,86° N

AG

0,77° E

53,85° N

AH

0,75° E

53,85° N

AI

0,75° E

53,84° N

AJ

0,71° E

53,84° N

AK

0,71° E

53,85° N

AL

0,72° E

53,85° N

AM

0,72° E

53,86° N

AN

0,73° E

53,86° N

AO

0,73° E

53,87° N

AP

0,75° E

53,87° N

Submission of applications and criteria for awarding rights

The initial applicant and competing applicants must prove that they meet the requirements for obtaining the licence, specified in Articles 4 and 5 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (Journal officiel de la République française of 3 June 2006).

Interested companies may, within ninety days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’ published in
  Official Journal of the European Communities C 374 of 30.12.1994, p. 11, and established by Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights. Competing applications must be sent to the Minister responsible for mines at the address below.

The decisions on the initial application and the competing applications will be based on the criteria governing the award of mining rights, as set out in Article 6 of the abovementioned Decree, and will be taken by 15 April 2010 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Applicants are referred to Articles 79 and 79.1 of the Mining Code (code minier) and to Decree No 2006-649 of 2 June 2006 on mining and underground storage operations and the regulations governing mining and underground storage (décret relatif aux travaux miniers, aux travaux de stockage souterrain et à la police des mines et des stockages souterrains) (Journal officiel de la République française of 3 June 2006).

Further information can be obtained from the following address: Ministère de l'écologie, de l'énergie du développement durable et de l'aménagement du territoire (direction générale de l'énergie et du climat, direction de l'énergie, Sous-direction de la Sécurité d'Approvisionnement et des Nouveaux Produits Energétiques, bureau exploration et production des hydrocarbures), 41, boulevard Vincent Auriol, F-75703 Paris Cedex 13 (tel. (33) 153 94 14 81, fax (33) 153 94 14 40).

The laws and regulations referred to above can be consulted at:

http://www.legifrance.gouv.fr

---

(1)  OJ L 164, 30.6.1994, p. 3.

---

| 3.12.2008 | EN | Official Journal of the European Union | C 308/17 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/17

---

Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1)

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the ‘Pays de Buch Licence’)

(Text with EEA relevance)

(2008/C 308/07)

On 18 February 2008, Vermilion REP S.A.S., a company with registered offices at BP No 5 route de Pontenx, F-40161 Parentis-en-Born Cedex, applied for an exclusive four-year licence, designated the ‘Pays de Buch Licence’, to prospect for oil and gas in an area of approximately 178 km2 covering part of the departments of Gironde and Landes.

The perimeter of the area covered by this licence consists of the meridian and parallel arcs connecting in turn the vertices defined below by their geographical coordinates in degrees, the prime meridian being that of Paris.

| VERTEX A | = | intersection of the 49,58° North parallel with the shore of the Atlantic |
| --- | --- | --- |

VERTEX A

=

intersection of the 49,58° North parallel with the shore of the Atlantic

| Vertex | Longitude | Latitude |
| --- | --- | --- |
| B | 3,90° W | 49,58° N |
| C | 3,90° W | 49,57° N |
| D | 3,88° W | 49,57° N |
| E | 3,88° W | 49,60° N |
| F | 3,80° W | 49,60° N |
| G | 3,80° W | 49,40° N |

Vertex

Longitude

Latitude

B

3,90° W

49,58° N

C

3,90° W

49,57° N

D

3,88° W

49,57° N

E

3,88° W

49,60° N

F

3,80° W

49,60° N

G

3,80° W

49,40° N

| VERTEX H | = | intersection of the 49,40° North parallel with the shore of the Atlantic |
| --- | --- | --- |
| VERTEX I | = | intersection of the 49,49° North parallel with the shore of the Atlantic |

VERTEX H

=

intersection of the 49,40° North parallel with the shore of the Atlantic

VERTEX I

=

intersection of the 49,49° North parallel with the shore of the Atlantic

| Vertex | Longitude | Latitude |
| --- | --- | --- |
| J | 3,97° W | 49,49° N |
| K | 3,97° W | 49,48° N |
| L | 3,94° W | 49,48° N |
| M | 3,94° W | 49,47° N |
| N | 3,89° W | 49,47° N |
| O | 3,89° W | 49,46° N |
| P | 3,83° W | 49,46° N |
| Q | 3,83° W | 49,48° N |
| R | 3,82° W | 49,48° N |
| S | 3,82° W | 49,51° N |
| T | 3,90° W | 49,51° N |
| U | 3,90° W | 49,52° N |
| V | 3,93° W | 49,52° N |
| W | 3,93° W | 49,53° N |

Vertex

Longitude

Latitude

J

3,97° W

49,49° N

K

3,97° W

49,48° N

L

3,94° W

49,48° N

M

3,94° W

49,47° N

N

3,89° W

49,47° N

O

3,89° W

49,46° N

P

3,83° W

49,46° N

Q

3,83° W

49,48° N

R

3,82° W

49,48° N

S

3,82° W

49,51° N

T

3,90° W

49,51° N

U

3,90° W

49,52° N

V

3,93° W

49,52° N

W

3,93° W

49,53° N

| VERTEX X | = | intersection of the 49,53° North parallel with the shore of the Atlantic |
| --- | --- | --- |
| VERTICES H to I and X to A | = | shore of the Atlantic |

VERTEX X

=

intersection of the 49,53° North parallel with the shore of the Atlantic

VERTICES H to I and X to A

=

shore of the Atlantic

Submission of applications and criteria for awarding rights

The initial applicants and competing applicants must meet the requirements for obtaining the licence specified in Articles 4 and 5 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (Journal officiel de la République française of 3 June 2006).

Interested companies may, within ninety days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’, published in
  Official Journal of the European Communities C 374 of 30.12.1994, p. 11, and established by Decree No 2006-648 concerning mining rights and underground storage rights. Competing applications must be sent to the Minister responsible for mines at the address below.

The decisions on the initial application and the competing applications will be based on the criteria governing the award of mining rights, as set out in Article 6 of the abovementioned Decree, and will be taken by 29 May 2010 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Applicants are referred to Articles 79 and 79.1 of the Mining Code (code minier) and to Decree No 2006-649 of 2 June 2006 on mining and underground storage operations and the regulations governing mining and underground storage (décret relatif aux travaux miniers, aux travaux de stockage souterrain et à la police des mines et des stockages souterrains) (Journal officiel de la République française of 3 June 2006).

Further information can be obtained from the following address: Ministère de l'écologie, de l'énergie, du développement durable et de l'aménagement du territoire (direction générale de l'énergie et climat, direction de l'énergie, Sous-direction de la Sécurité d'Approvisionnement et des Nouveaux Produits Energétiques, bureau exploration production des hydrocarbures), 41, boulevard Vincent Auriol, F-75703 Paris Cedex 13 (tel. (33) 153 94 14 81, fax (33) 153 94 14 40).

The laws and regulations referred to above can be consulted at:

http://www.legifrance.gouv.fr

---

(1)  OJ L 164, 30.6.1994, p. 3.

---

OTHER ACTS

Commission

| 3.12.2008 | EN | Official Journal of the European Union | C 308/19 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

C 308/19

---

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(2008/C 308/08)

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months from the date of this publication.

SINGLE DOCUMENT

REGULATION (EC) No 510/2006

‘NOCCIOLA ROMANA’

EC No: IT-PDO-0005-0573-28.11.2006

PGI ( ) PDO ( X )

1.   Name

‘Nocciola Romana’

2.   Member State or Third Country

Italy

3.   Description of the agricultural product or foodstuff

3.1.   Type of product (Annex III)

Class 1.6 — Fruit, vegetables and cereals, fresh or processed

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

‘Nocciola Romana’ is the fruit of the common hazel Corylus avellana. The cultivars ‘Tonda Gentile Romana’ and ‘Nocchione’ should represent at least 90 % of the selection at the farm, with cultivars ‘Tonda di Giffoni’ and ‘Barrettona’ permitted up to a maximum 10 %. ‘Nocciola Romana’ must have the following characteristics:

‘Tonda Gentile Romana’: form of hazelnut in shell: subspherical with a slightly pointed tip, between 14 and 25 mm in calibre, shell of medium thickness, hazel in colour, moderately shiny, with scattered pilosity at the tip and clear striation; the nut is small to medium in size, of a variable subspherical shape, similar in colour to the shell, mostly covered in fibres, with a corrugated surface and quite clear grooves, dimensions less regular than the hazelnut in shell; the perisperm is of a medium thickness, not completely detachable at the time of roasting; it is solid in consistency and crunchy; the flavour and aroma are fine and lingering.

‘Nocchione’: form of the hazelnut in shell: spherical, subhelicoidal; between 14 and 25 mm in calibre; the shell is thick, light hazel brown in colour, striated, with limited pubescence; the nut is medium to small, with a medium to high presence of fibres; the perisperm is moderately detachable at the time of roasting; the flavour and aroma are fine and lingering. In both cases the yield after shelling is between 28 and 50 %. The hazelnuts must have no smell or taste of rancid oil, and must be free of mould and foliage. They must be crunchy when chewed or must break when first bitten, without softness, and must be solid in consistency, with no cavities. The preserved hazelnuts must retain the same characteristics.

3.3.   Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

—

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

Harvest, storage, sorting and calibration operations must be carried out within the production area.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

The product ‘Nocciola Romana’ must be packaged and released for consumption as follows:

For hazelnuts in shell: in bags or jute or raffia packaging of 25, 50, 250 or 500 grams and 1, 5, 10, 25, 50, 500, 800 or 1 000 kilograms.

Shelled hazelnuts: in jute or raffia packaging, Combivac bags, Combivac foil bags and other similar boxes for food use in the following weights: 10, 15, 20, 25, 50, 100, 150, 250 and 500 grams and 1, 2, 4, 5, 10, 25, 50, 500, 800 and 1 000 kilograms.

3.7.   Specific rules concerning labelling

Packages, containers and bags must be sealed to prevent the contents being removed without breaking the seal. They must bear a stamp of the same dimensions reading ‘NOCCIOLA ROMANA’ and ‘DENOMINAZIONE DI ORIGINE PROTETTA’ (protected designation of origin) in addition to the details identifying the registered name and address of the packer, the year in which the hazelnuts were harvested, their original gross and net weight and the logo. No other name or additional description may be used.

Image

The circular logo has the following characteristics: a pale yellow background bordered in brown with ‘Nocciola Romana’ in black lettering in a semicircular arrangement at the top and with ‘Denominazione Origine Protetta’ in black lettering in a semicircle at the bottom, in the centre of which there are three green leaves pointing upwards spread fan-like, which frame a brown hazelnut, outlined in black, on which the Palazzo dei Papi of Viterbo is depicted in pale yellow against the light brown of the nut. Products prepared using the PDO ‘Nocciola Romana’, even after processing and treatment, may be released for consumption in packaging bearing the reference to this designation but may only use the EU logo provided that:

| | the protected designation product certified as such is the sole component of the product group concerned; |
| --- | --- |

the protected designation product certified as such is the sole component of the product group concerned;

| | users of the PDO are authorised by the supervisory syndicate, the Consorzio di Tutela della DOP Nocciola Romana assigned a supervisory role by the Ministry of Agricultural, Food and Forestry Policy under national regulations (Article 14 of Law No 526/99 and Legislative Decree No 297/2004). This syndicate will be responsible for registering and monitoring the correct use of the protected designation. In the absence of a supervisory syndicate, these functions will be carried out by the Ministry of Agricultural, Food and Forestry Policy, as the national authority responsible for implementing Regulation (EC) No 510/2006. |
| --- | --- |

users of the PDO are authorised by the supervisory syndicate, the Consorzio di Tutela della DOP Nocciola Romana assigned a supervisory role by the Ministry of Agricultural, Food and Forestry Policy under national regulations (Article 14 of Law No 526/99 and Legislative Decree No 297/2004). This syndicate will be responsible for registering and monitoring the correct use of the protected designation. In the absence of a supervisory syndicate, these functions will be carried out by the Ministry of Agricultural, Food and Forestry Policy, as the national authority responsible for implementing Regulation (EC) No 510/2006.

4.   Concise definition of the geographical area

The area for the production, harvest, storage, shelling, sorting and calibration of ‘Nocciola Romana’ lies within the territory of the municipalities of the provinces of Viterbo and Rome listed below:

| (a) | in the province of Viterbo: Barbarano Romano, Bassano in Teverina, Bassano Romano, Blera, Bomarzo, Calcata, Canepina, Capranica, Caprarola, Carbognano, Castel Sant'Elia, Civita Castellana; Corchiano, Fabrica di Roma, Faleria, Gallese, Monterosi, Nepi, Oriolo Romano, Orte, Ronciglione, Soriano nel Cimino, Sutri, Vallerano, Vasanello, Vejano, Vetralla, Vignanello, Villa San Giovanni in Tuscia, Vitorchiano, Viterbo; |
| --- | --- |

(a)

in the province of Viterbo: Barbarano Romano, Bassano in Teverina, Bassano Romano, Blera, Bomarzo, Calcata, Canepina, Capranica, Caprarola, Carbognano, Castel Sant'Elia, Civita Castellana; Corchiano, Fabrica di Roma, Faleria, Gallese, Monterosi, Nepi, Oriolo Romano, Orte, Ronciglione, Soriano nel Cimino, Sutri, Vallerano, Vasanello, Vejano, Vetralla, Vignanello, Villa San Giovanni in Tuscia, Vitorchiano, Viterbo;

| (b) | in the province of Rome: Bracciano, Canale Monterano, Manziana, Rignano Flaminio, Sant'Oreste, Trevignano. |
| --- | --- |

(b)

in the province of Rome: Bracciano, Canale Monterano, Manziana, Rignano Flaminio, Sant'Oreste, Trevignano.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The area in which ‘Nocciola Romana’ is produced is characterised by soil and climate conditions highly favourable to hazelnut growing, inasmuch as the soils of the Cimini and Sabatini hills are characterised by volcanic formations, with underdeveloped volcanic tuffs of leucitic lava, rich in essential substances, with heterogeneous elastic deposits. The soil is deep, light, with low calcium and phosphor content, but rich in potassium and microelements, generally with an acid and/or subacid reaction. As regards climate conditions, the mean minimum temperatures of the area referred to in section 3 are from 4 to 6 °C and the mean maxima from 22 to 23 °C, with annual rainfall of 900 to 1 200 mm. The mild winter climate is particularly important to the hazelnut which in January to February reaches the vulnerable flowering phase.

5.2.   Specificity of the product

The particular characteristic which makes ‘Nocciola Romana’ a unique product of this kind is its crunchiness and solidity, lacking in cavities. When chewed, the crunchy nuts crack at the first bite and have no softness; they also retain this characteristic both when fresh and when preserved.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

The characteristics of ‘Nocciola Romana’ are closely linked to the geographical environment in which it is produced. This species prefers essentially loose soils with a neutral to acid reaction and active lime content of less than 8 %, a mean annual temperature of between 10 and 16 °C and annual rainfall of more than 800 mm. All these environmental factors are present in the ‘Nocciola Romana’ production area.

Of all these natural factors, the importance of the soil type is undeniable, most especially in terms of its mineral composition. The volcanic origin of the soil, rich in potassium and microelements, has a major influence on the qualitative and organoleptic qualities of the fruit and, hence, on its crunchiness.

Production and storage techniques also help determine the quality of the product. These techniques were developed over many years of prioritising quality over quantity. Current production techniques adhere to the principles of integrated crop management and are aimed at producing fruit with as little deterioration due to parasite attack as possible while remaining sound in food safety terms by virtue of the absence of residues and natural toxins.

Similarly, harvesting techniques have been developed so as not to waste the effort put in throughout the production cycle.

It should be pointed out that the hazelnut is harvested from the ground and that lying too long on the ground can totally compromise its health characteristics; consequently, in recent years producers have put considerable efforts into minimising the length of time the nuts remain on the ground by adopting techniques that involve more frequent passes.

Systems for the initial treatment and storage of the nuts have also undergone continuous development. From a system whereby the hazelnuts were dried by the heat of the sun, when it was not uncommon to see farmyards and piazzas covered with hazelnuts spread out to dry, there has been a transition to the use of agricultural driers owned by the farm and/or cooperative, a system in which the shells are recycled as fuel and the product is stored in warehouses and/or silos at a controlled temperature or in refrigerated compartments for the shelled product.

Hazelnuts have been cultivated in this geographical area since ‘[...] circa 1412, when it first existed as a shrub in undergrowth, a form in which it can still be found, particularly in chestnut groves’ (Martinelli, ‘Carbognano illustra’). In 1513, ‘Nocchie’ were apparently served at the table of Pope Leo X (Clementi, ‘Storia del Carnevale Romano’). The land register of 1870 states that in that year several dozen hectares of hazelnut trees were recorded at Caprarola, described as ‘Bosco di Nocchie’ (hazel wood). In 1946, there were 2 463 hectares dedicated exclusively to hazelnut production and 1 300 ha to mixed production. At present, more than 16 000 hectares are given over to hazelnut production and the sector involves more than 3 500 operators.

Over the course of centuries, the patient, persistent and competent work of hazelnut growers has played a significant role in maintaining traditions in this sector, as is also shown by the many traditional rural celebrations held every year and the many traditional dishes made from hazelnuts, such as: rabbit stew, tozzetti, cazzotti, ciambelle (ring-shaped cakes), ossetti da morto, mostaccioli, amaretto biscuits, brutti-buoni, duri-morbidi, meringues, crucchi di Vignanello, morette. All the above shows the traditions and the importance attached to the cultivation of this product in the local economy.

Reference to publication of the specification

The Government launched the national objection procedure with the publication of the proposal for recognising ‘Nocciola Romana’ as a protected designation of origin in Official Gazette of the Italian Republic No 32 of 8 February 2006. The full text of the product specification is available on the following website:

http://www.politicheagricole.it/NR/rdonlyres/er7i7w5jzndci2dha45yirip72ysqfhgcjyvsidwnxunmilg6znjv2mx2vtnskdxzgiwr7cc45634w2uvvw3rj64bvc/20061130_Disciplinare_esameUE_nocciola_romana.pdf

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(1)  OJ L 93, 31.3.2006, p. 12.

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3.12.2008

| 3.12.2008 | EN | Official Journal of the European Union | C 308/s3 |
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EN

Official Journal of the European Union

C 308/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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