# Official Journal C 182/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.182.eng |
| --- | --- |
| Official Journal
  of the European Union | C 182 |
| | |
| English edition | Information and Notices | Volume 537 July 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.182.eng

Official Journal

of the European Union

C 182

English edition

Information and Notices

Volume 537 July 2010

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 182/01 | Initiation of proceedings (Case COMP/M.5675 — Syngenta/Monsanto's Sunflower Seed Business) (
  1
  ) | 1 |
| 2010/C 182/02 | Non-opposition to a notified concentration (Case COMP/M.5878 — CVC/Caixanova/R Cable) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 182/01

Initiation of proceedings (Case COMP/M.5675 — Syngenta/Monsanto's Sunflower Seed Business) (
  1
  )

1

1

2010/C 182/02

Non-opposition to a notified concentration (Case COMP/M.5878 — CVC/Caixanova/R Cable) (
  1
  )

1

2

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2010/C 182/03 | Act of the Joint Supervisory Body of Eurojust of 23 June 2009 laying down its rules of procedure (adopted unanimously at the plenary meeting of the Joint Supervisory Body of Eurojust on 23 June 2009) | 3 |
| | European Commission |
| 2010/C 182/04 | Euro exchange rates | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2010/C 182/03

Act of the Joint Supervisory Body of Eurojust of 23 June 2009 laying down its rules of procedure (adopted unanimously at the plenary meeting of the Joint Supervisory Body of Eurojust on 23 June 2009)

(adopted unanimously at the plenary meeting of the Joint Supervisory Body of Eurojust on 23 June 2009)

3

European Commission

2010/C 182/04

Euro exchange rates

11

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 182/05 | Prior notification of a concentration (Case COMP/M.5774 — Holtzbrinck/Bertelsmann/JV) — Candidate case for simplified procedure (
  1
  ) | 12 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 182/05

Prior notification of a concentration (Case COMP/M.5774 — Holtzbrinck/Bertelsmann/JV) — Candidate case for simplified procedure (
  1
  )

1

12

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

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 7.7.2010 | EN | Official Journal of the European Union | C 182/1 |
| --- | --- | --- | --- |

7.7.2010

EN

Official Journal of the European Union

C 182/1

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Initiation of proceedings

(Case COMP/M.5675 — Syngenta/Monsanto's Sunflower Seed Business)

(Text with EEA relevance)

2010/C 182/01

On 21 June 2010, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference COMP/M.5675 — Syngenta/Monsanto's Sunflower Seed Business, to the following address:

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

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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| 7.7.2010 | EN | Official Journal of the European Union | C 182/2 |
| --- | --- | --- | --- |

7.7.2010

EN

Official Journal of the European Union

C 182/2

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Non-opposition to a notified concentration

(Case COMP/M.5878 — CVC/Caixanova/R Cable)

(Text with EEA relevance)

2010/C 182/02

On 28 May 2010, 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:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5878. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5878. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 7.7.2010 | EN | Official Journal of the European Union | C 182/3 |
| --- | --- | --- | --- |

7.7.2010

EN

Official Journal of the European Union

C 182/3

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ACT OF THE JOINT SUPERVISORY BODY OF EUROJUST

of 23 June 2009

laying down its rules of procedure

(adopted unanimously at the plenary meeting of the Joint Supervisory Body of Eurojust on 23 June 2009)

2010/C 182/03

THE JOINT SUPERVISORY BODY

Having regard to the Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (hereinafter referred to as ‘the Eurojust Decision’) (1), last amended on 16 December 2008 (2), and in particular Article 23 thereof,

Whereas the persons appointed by the Member States in accordance with Article 23(1) of the Eurojust Decision shall adopt the rules of procedure of the Joint Supervisory Body which,

HAS ADOPTED THESE RULES OF PROCEDURE:

TITLE I

TASKS AND POWERS OF THE JOINT SUPERVISORY BODY

Article 1

Tasks

The Joint Supervisory Body shall have the tasks as set out in Articles 17(4)(b), 19(8) 23(1) and (7) of the Eurojust Decision.

Article 2

Powers

1.   The Joint Supervisory Body shall, for the discharge of its tasks, have the powers provided for in the Eurojust Decision.

2.   In particular, the Joint Supervisory Body shall be authorised to obtain information from Eurojust, to be given full access to all Eurojust documents whether on paper or stored electronically, and to be granted free access to all Eurojust premises at any time. This includes information on and access to hardware and software, whenever this is necessary for the performance of the tasks of the Joint Supervisory Body. Details may be stipulated in arrangements between the Joint Supervisory Body and the College of Eurojust.

TITLE II

RULES OF PROCEDURE FOR THE JOINT SUPERVISORY BODY

Article 3

Composition

1.   The Joint Supervisory Body shall be composed in accordance with Article 23(1) to (5) of the Eurojust Decision.

2.   A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his/her third year of mandate after elections. Permanent members may be re-elected.

3.   Appointees wishing to be elected shall present their candidacy in writing to the Joint Supervisory Body Secretariat ten days before the meeting in which the election is to take place. In the absence of candidates standing for elections, the longest serving appointee/s shall be deemed elected for as long as no other candidate/s shows interest in fulfilling his/her position, provided such interest is expressed before the following plenary meeting. In such a case, a written procedure in accordance with Article 6(7) of these rules will take place and the newly elected member shall take over the remaining time of the mandate of the longest serving appointee. If no interest is showed by any appointee before the following plenary meeting, the longest serving appointee shall remain member of the Joint Supervisory Body until the end of the mandate. Appointees who have not presented their candidacy shall not be deemed elected through this procedure more than once. In the case in which the longest serving appointee has already served once as member of the Joint Supervisory Body and there are no candidates, the following longest serving candidate shall be deemed elected.

4.   The members of the Joint Supervisory Body shall be independent, not bound by instructions in the exercise of their duties and subject only to the law. In particular, they must not at the same time be members of another body set up under the Eurojust Decision or staff members of Eurojust.

5.   A member of the Joint Supervisory Body who, in exceptional circumstances, is unable to attend a meeting may designate an alternate who fulfils the requirements of Article 23(1) of the Eurojust Decision. The rights and obligations conferred upon members by virtue of these rules of procedure shall be fully applicable to alternates.

6.   Where a conflict of interest arises, the person concerned shall declare that interest and withdraw from taking part in the discussion and the decision on the matter. He or she may, where necessary, be excluded by unanimous vote cast in a secret ballot by the members attending the meeting. The person concerned shall be heard before any exclusion, but shall not take part in the decision. If a person withdraws or is excluded, he or she shall be replaced by his or her alternate.

Article 4

Transitional regime

1.   In order to start working in accordance with the procedure established in Article 23(3) of the amended Eurojust Decision, the first plenary meeting of persons appointed by the Member States in accordance with Article 23(1) taking place following the entry into force of this Decision shall hold an election for three members. These three members will replace the three members of the troika acting at that date.

2.   Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place. The three candidates with the highest numbers of votes during the election shall become permanent members.

3.   The person having the highest number of votes shall remain a member for three years and hold the chair during the third year of mandate; the person having the second highest number of votes shall remain member for two years and shall hold the chair during the second year of mandate and the third one shall remain a member for one year and hold the chair during this year.

4.   After this first round of elections, elections shall be held yearly in accordance with Article 3(2) and (3) of these rules in order to replace one member yearly.

Article 5

Chair

1.   The Joint Supervisory Body shall be chaired in accordance with Article 23(3) of the Eurojust Decision.

2.   The chair shall represent the Joint Supervisory Body and chair its meetings. He or she shall monitor the smooth functioning of its work. He or she shall convene the meetings of the Joint Supervisory Body and determine the venue, date and time of such meetings. He or she shall open and close the meetings. He or she shall prepare the provisional agenda and ensure the execution of the decisions of the Joint Supervisory Body.

3.   In the absence of the chair, the member of the Joint Supervisory Body who has been serving the longest as a member shall act as chair.

4.   In order to prepare the work of the Joint Supervisory Body with regard to a particular issue, it may appoint from among its members, on a proposal from the chair, a rapporteur. If the matter is urgent, such an appointment may be made by the chair by virtue of his or her office. In this case he or she shall inform the members of the Joint Supervisory Body without delay.

5.   The College of Eurojust, members of the staff of Eurojust or other persons may be invited to attend meetings of the JSB.

Article 6

Working methods

1.   The Joint Supervisory Body shall meet as provided in Article 23(1) of the Eurojust Decision. The President of Eurojust, the College, the Administrative Director or the Data Protection Officer shall be entitled to propose items for inclusion on the agenda.

2.   With the exception of cases which the chair deems to be urgent, the notice convening the meeting shall be transmitted in time to arrive at least two weeks before the meeting. The notice shall include the provisional agenda and the documents needed for the meeting, unless the nature of these documents does not allow so. The final agenda shall be adopted at the beginning of each meeting.

3.   A meeting of the Joint Supervisory Body shall only be effective if at least two of the permanent members attend. Decisions shall be taken in accordance with Article 23(6) of the Eurojust Decision.

4.   In accordance with Article 23(11) of the Eurojust Decision, the meetings of the Joint Supervisory Body shall not be public.

5.   The Joint Supervisory Body shall meet on the basis of documents and draft papers drawn up in an official language of its members. However, a member shall have the right to request a translation in his or her own language.

6.   The Joint Supervisory Body will liaise with the Data Protection Officer of Eurojust where appropriate.

7.   Decisions of the Joint Supervisory Body may be taken by written procedure insofar as all members have approved this procedure. In urgent cases the chair shall be entitled to initiate the written procedure. In both cases the chair shall transmit a draft decision to the members of the Joint Supervisory Body. If the members do not object to the draft decision, within a period specified by the chair of at least 14 days after receipt, the proposal shall be deemed to be adopted. If a member, within five working days after receipt of the draft decision, requests that it be orally discussed by the Joint Supervisory Body, the written procedure shall be discontinued.

Article 7

Checks on location and experts

1.   In the framework of its powers in accordance with Article 23(1) of the Eurojust Decision, the Joint Supervisory Body may carry out data protection checks at Eurojust.

2.   The Joint Supervisory Body may appoint one or more members for carrying out these checks. Such members may be assisted by experts as deemed appropriate by the Joint Supervisory Body. Experts shall come from within national supervisory bodies or government agencies, unless such experts are not available. All experts must meet the security requirements applying under their national law and the respective rules of Eurojust.

3.   The Joint Supervisory Body and its Secretariat shall be able to rely upon the expertise of the secretariat established by the Council Decision 2000/641/JHA (3).

4.   Where the chair deems a case to be urgent, he or she may appoint such members and experts by virtue of his or her office. In this case he or she shall inform the members of the Joint Supervisory Body without delay.

5.   The members of the Joint Supervisory Body entrusted with carrying out a check shall report to the Joint Supervisory Body on the results of their work.

Article 8

Procedure in the event of violations

If the Joint Supervisory Body notes violations of the provisions of the Eurojust Decision with regard to the storage, processing or utilisation of personal data, it shall inform Eurojust accordingly and shall request a reply within a given period. Failure to comply with a decision of the Joint Supervisory Body taken in accordance with these Rules of Procedure shall be regarded as a violation of the Eurojust Decision. Decisions of the Joint Supervisory Body shall then be final and binding on Eurojust.

Article 9

Minutes

Minutes shall be made of all meetings of the Joint Supervisory Body. The draft minutes shall be prepared by the Secretariat under the direction of the chair and submitted to the Joint Supervisory Body for adoption at its next meeting. Each participant shall have the right to suggest amendments to the draft minutes.

Article 10

Activity report

1.   The Joint Supervisory Body shall submit an annual activity report to the Council in accordance with Article 23(12) of the Eurojust Decision. This report shall be drawn up during the first half of each year for the preceding year. At least one month before the activity report is forwarded to the Council, Eurojust shall have the opportunity to deliver an opinion, which shall be attached to the report.

2.   The Joint Supervisory Body shall decide whether or not to publish its activity report, and, if it decides to do so, determine how it should be published.

TITLE III

ADDITIONAL RULES OF PROCEDURE REGARDING APPEALS

Article 11

Tasks of the Joint Supervisory Body

1.   The Joint Supervisory Body shall examine the appeals as foreseen in Article 23(7) of the Eurojust Decision.

2.   The Joint Supervisory Body shall take decisions in respect of the matters referred to in paragraph 1.

Article 12

Ad hoc members

1.   If no member of the Member State from which the personal data that form the object of the appeal originate is represented in the Joint Supervisory Body, the person appointed by this Member State in accordance with Article 23(1) to (3) of the Eurojust Decision shall act as ad hoc judge in the Joint Supervisory Body for the duration of the examination of this appeal.

2.   The rights and obligations conferred upon members by virtue of these rules of procedure shall be fully applicable to ad hoc members.

Article 13

Representation

The applicant may be assisted or represented by a lawyer or another adviser. A lawyer or an adviser may be excluded from the proceedings by the Joint Supervisory Body in cases of serious misconduct. If a lawyer or an adviser is excluded, the chair shall stipulate a deadline for the party concerned to enable him or her to appoint another lawyer or adviser; the proceedings shall be suspended until the expiration of this deadline. A lawyer or an adviser shall produce proper authorisation from the applicant, if so requested by the Joint Supervisory Body.

Article 14

Languages

1.   The procedure shall be conducted in one of the official languages of the Institutions of the European Union. The applicant shall choose the official language in which the procedure shall be conducted. The language of the procedure shall be used in the oral statements and in the written documentation of the parties and in the minutes and decisions of the Joint Supervisory Body.

2.   Documents in a language other than the procedural language shall be accompanied by a translation into the procedural language. Where documents are lengthy, the translation submitted may be restricted to excerpts or summaries. The Joint Supervisory Body may, by virtue of its office or upon application from a party, require a full translation at any time.

3.   Where necessary, interpretation services and translations shall be provided for each member of the Joint Supervisory Body and for the parties. The decisions of the Joint Supervisory Body shall be translated into all official languages of the institutions of the European Union.

4.   In cases where none of the official languages of the institutions of the European Union is accessible to the applicant, the complaint may be lodged in another language. The applicant is obliged to submit a summary in one of the official languages. The chair or rapporteur shall have the complaint translated into the chosen language.

Article 15

Institution of the procedure

1.   The appeal shall be lodged by submission of a written complaint at the Secretariat of the Joint Supervisory Body within 30 days of receiving Eurojust decision.

2.   The applicant shall outline the basis of the complaint. It must be clear who is complaining, what he or she is complaining about and on what grounds. The complaint shall be accompanied by any supporting documentation available. The applicant may withdraw his or her appeal at any time.

3.   The Secretariat shall acknowledge the receipt of the complaint within four weeks and give general information on the course of the procedure.

4.   If the complaint does not meet the requirements, the Secretariat shall invite the applicant to rectify any omissions within four weeks.

5.   Appeals which do not meet the requirements shall be refused by the Joint Supervisory Body on the proposal of the chair or of the rapporteur.

Article 16

Preliminary consideration

1.   If the complaint meets the requirements, it shall be considered by the Joint Supervisory Body.

2.   A copy of the complaint shall be forwarded to Eurojust for its observations, which shall be submitted within four weeks, extension for two further weeks being possible.

3.   The Joint Supervisory Body may request the College of Eurojust to nominate a representative for the appeal. The applicant shall be informed of this decision. The relevant national Members shall be sent a copy of the observations from the applicant in order to enable them to submit their own observations, to be submitted within four weeks, extension for two further weeks being possible.

4.   After the observations have been received or the deadlines have expired, the complaint shall be dealt with by the Joint Supervisory Body within the ensuing three months.

Article 17

Additional information

1.   The Joint Supervisory Body may ask the applicant, Eurojust, or any other body to provide information, evidence or comments to the Joint Supervisory Body. The parties are entitled to make suggestions to the Joint Supervisory Body regarding the taking of evidence or to call for the admission of evidence. The Joint Supervisory Body shall follow up these suggestions and decide on admission to the extent necessary for the examination of the case.

2.   The Joint Supervisory Body may also decide to investigate on location at Eurojust. Article 6 applies likewise. In this case, the applicant or his or her adviser shall be informed of the result of the investigation.

Article 18

Access to file of procedure

1.   All parties shall, if they wish, have access to the file of the procedure, and require the Secretariat of the Joint Supervisory Body to provide them with excerpts or photocopies at their own expense. Access shall be refused where one of the grounds mentioned in Article 19(4) of the Eurojust Decision applies or in order to protect the rights and freedoms of third parties.

2.   Eurojust may indicate to what extent the information they provide should not be made available to the applicant, stating the reasons for such a restriction. The Joint Supervisory Body may ask for further reasons. To the extent that the Joint Supervisory Body finds such reasons acceptable, the information concerned shall be withheld. The Joint Supervisory Body may decide otherwise only in the absence of acceptable reasons. In this case, the Joint Supervisory Body may require a summary to be made available to the applicant or require that certain information shall be provided to the applicant.

Article 19

Hearing

1.   The parties shall be heard by the Joint Supervisory Body should they so request. The Joint Supervisory Body shall duly inform the parties of their right to be heard. This right shall be exercised in writing. The Joint Supervisory Body may decide to hold an oral hearing on request from one of the parties involved in the proceeding to the extent deemed necessary for the examination of the case. The Joint Supervisory Body shall duly inform the parties of their right to request an oral hearing. All parties shall be notified in due time of the oral hearing and have the right to be present.

2.   An oral hearing shall be held in public unless the Joint Supervisory Body decides by virtue of its office or on application from one of the parties to exclude the public wholly or partly where the interests of public security, especially on the grounds referred to in Article 19(4) of the Eurojust Decision, or the protection of the privacy of an individual so require, or to the extent strictly necessary in the opinion of the Joint Supervisory Body in special circumstances where publicity would prejudice the proper determination of the appeal. If Eurojust requests that the public be excluded from the proceedings, the Joint Supervisory Body may decide otherwise only on the grounds that no reasons as referred to in the first sentence obtain.

3.   The Joint Supervisory Body may decide, at the request of a party or at its own initiative, to hear a party without other parties being present, where this is required in order to ensure the proper functioning of Eurojust, to safeguard the security of a Member State or to protect the interests of the applicant or a third party. The absent parties shall be informed of proceedings taking place in their absence.

Article 20

Hearing of witnesses and experts

1.   The Joint Supervisory Body may decide, at the request of a party or at its own initiative, to hear witnesses. All parties and the witnesses concerned shall be notified in due course of the hearing. Article 19(2) and (3) shall also apply.

2.   Witnesses notified by the Joint Supervisory Body shall be entitled to reimbursement of their travel and accommodation expenses in accordance with the respective rule applying to Eurojust staff, and to compensation for loss of earnings, to the extent the Joint Supervisory Body finds equitable. They may receive the necessary advance payments.

3.   The members of the Joint Supervisory Body may address questions to the witnesses. With the permission of the chair, the parties may address questions to the witnesses. Before the hearing begins, the chair shall remind the witnesses that they should speak the truth. The Witness has the right to refuse to answer questions.

4.   The Joint Supervisory Body may appoint an expert and define his or her mandate and entitlement of remuneration. The Joint Supervisory Body may decide to hear the expert. The rules regarding the hearing of witnesses shall also apply.

Article 21

Closing statements

Before reaching a final decision, the Joint Supervisory Body shall invite all parties to submit final comments.

Article 22

Minutes of appeal procedure

1.   The Joint Supervisory Body shall keep minutes of the appeal procedure which shall reflect the course of each hearing and the statements made in it. The parties may request that certain documents or statements be included wholly or partly in the minutes. The minutes shall be signed by the chair, forwarded to the parties and added to the file of the case. In cases referred to in Article 19(2) or Article 20(1), the Joint Supervisory Body shall impose restrictions.

2.   Article 9 shall also apply to all meetings of the Joint Supervisory Body which are not attended by the Parties.

Article 23

Decisions and confidentiality

1.   Decisions shall be taken by a simple majority of the members attending the meeting, unless provided otherwise in these rules. In case of a tied vote, the chair shall have a casting vote. All persons taking part in the final decision must have attended an oral hearing, if one took place.

2.   The deliberations shall remain confidential.

3.   The final decision of the Joint Supervisory Body may contain the names of the parties and their representatives, the names of the members of the Joint Supervisory Body taking part in the decision, the date on which the decision is announced, the operative part of the decision, a brief presentation of the facts of the case and the reasons for the decision. It shall be conveyed to the parties and made public.

Article 24

Notifications

Notifications and other communications to parties, witnesses and experts shall be made by means that reasonably ensure that they are duly informed and can be verified when necessary.

Article 25

Costs

1.   The Joint Supervisory Body shall decide on the costs of the procedure in its final decision. The procedure before the Joint Supervisory Body shall be free of charge. If the appeal is upheld, wholly or partially, the necessary costs incurred by the applicant for lodging and processing the complaint shall be borne by Eurojust to the extent that the Joint Supervisory Body considers this equitable.

2.   If an applicant is unable to bear all or part of the costs of the procedure, he or she may at any time on request be granted assistance for the costs. When he or she submits the application, he or she shall enclose documentation demonstrating that he or she is in need. The Joint Supervisory Body may withdraw the assistance at any time if the preconditions under which it was granted change in the course of the proceedings. If assistance is approved, the costs will be disbursed from the budget line of the Joint Supervisory Body. Where this is fair, the final decision may require a party to reimburse to the budget of Eurojust the advance payments granted. In submitting his or her application, the applicant shall declare his or her agreement to reimburse the costs if required by the final decision.

Article 26

Due process

In cases not provided for in these rules, the Joint Supervisory Body shall conduct its procedures in accordance with the general principles of due process.

TITLE IV

THIRD COUNTRIES/PARTIES

Article 27

Liaison magistrates posted by Eurojust in third countries

1.   Eurojust shall inform the Joint Supervisory Body regularly of its intention to enter into negotiations with a third country regarding the placement of a Eurojust liaison magistrate in such country. The Joint Supervisory Body shall, if it so wishes, address any comments to Eurojust regarding this development.

2.   In order to be able to monitor the activities of liaison magistrates posted by Eurojust as referred to in Article 27a(5) of the amended Eurojust Decision, the Joint Supervisory Body shall also receive the reports addressed by such magistrates to the College of Eurojust as well as any other relevant information.

3.   Agreements with third parties concerning posting of liaison magistrates in a third country shall foresee the right of access of the Joint Supervisory Body to the data and premises occupied by this Eurojust post holder in the third country.

TITLE V

FINAL PROVISIONS

Article 28

Secretariat

1.   The Joint Supervisory Body shall have a secretariat, based at the headquarters of Eurojust, to assist it in the performance of its tasks. The Secretariat shall be a permanent body and its members recruited only on the basis of competence. The members of the Secretariat shall act solely in the best interests of the Joint Supervisory Body, shall be fully independent from Eurojust and shall not accept instructions from any other authority in the course of Joint Supervisory Body duties. Assignment to the Secretariat shall take place on a proposal from the Joint Supervisory Body. Staff members of the Secretariat shall not undertake other work without permission of the chair of the Joint Supervisory Body.

2.   The Secretariat shall operate under the direction of the chair of the Joint Supervisory Body in accordance with the rules established by the Joint Supervisory Body. In the performance of these functions it shall operate under the direction of the chair of the Joint Supervisory Body. The Secretariat shall keep a register of appeals and all other documents.

3.   The Secretariat shall ensure that the obligations under Article 25 of the Eurojust Decision shall also be respected in the work of the Joint Supervisory Body.

4.   The Secretariat of the Joint Supervisory Body shall be able to rely upon the expertise of the Secretariat established by the Council Decision 2000/641/JHA.

Article 29

Confidentiality

1.   Members of the Joint Supervisory Body, experts and members of the Secretariat shall be obliged to treat in a confidential manner the circumstances which come to their knowledge in the context of their activity, unless the proper discharge of their task requires otherwise. This obligation shall continue to apply also when they cease to be active in that capacity.

2.   Upon appointment, members of the Joint Supervisory Body, experts and members of the Secretariat shall declare their acceptance of these obligations.

3.   In the case of a breach of confidentiality, a member of the Joint Supervisory Body may be suspended by unanimous vote cast in a secret ballot by the members attending a meeting of the Joint Supervisory Body. The person concerned shall be heard before, but shall not take part in the decision.

Article 30

Budget and costs

1.   The Secretariat shall prepare proposals for an annual budget for the Secretariat of the Joint Supervisory Body, which on approval shall be forwarded to the College.

2.   The Joint Supervisory Body shall decide on the disbursement of the budget allocated to it which shall be administered by the Secretariat, in accordance with the Financial Regulation of Eurojust.

3.   The costs of the Joint Supervisory Body, including the expenses for the members, which are necessary for the proper exercise of their duties, shall be borne by the budget line of the Joint Supervisory Body.

Article 31

Amendment of the rules of procedure

Amendments to these rules of procedure shall be adopted in accordance with the procedure laid down in Article 23(9) of the Eurojust Decision.

Article 32

Public access to documents

1.   Any natural or legal person has a right of access to documents of the Joint Supervisory Body, subject to the principles, conditions and limits defined in this Article.

2.   This Article shall apply to all documents held by the Joint Supervisory Body, that is to say, documents drawn up or received by it and in its possession.

3.   Without prejudice to paragraphs 4 and 5 of this Article, documents shall be made accessible to the public either following a written application or directly in electronic form.

4.   The Joint Supervisory Body shall refuse access to a document where disclosure would undermine the protection of:

| (a) | the public interest as regards:






  — | public security and criminal investigations, |
| --- | --- | --- |

(a)

the public interest as regards:

—

public security and criminal investigations,

| — | defence and military matters, |
| --- | --- |

—

defence and military matters,

| — | international relations, |
| --- | --- |

—

international relations,

| — | the financial, monetary or economic policy of the Community or a Member State, |
| --- | --- |

—

the financial, monetary or economic policy of the Community or a Member State,

| — | the fulfilment of Eurojust’s tasks in reinforcing the fight against serious crime, |
| --- | --- |

—

the fulfilment of Eurojust’s tasks in reinforcing the fight against serious crime,

| — | national investigations in which Eurojust is assisting. |
| --- | --- |

—

national investigations in which Eurojust is assisting.

| (b) | privacy and the integrity of the individual, in particular in accordance with the rules regarding the protection of personal data. |
| --- | --- |

(b)

privacy and the integrity of the individual, in particular in accordance with the rules regarding the protection of personal data.

5.   The Joint Supervisory Body shall refuse access to a document where disclosure would undermine the protection of:

| — | commercial interests of a natural or legal person, including intellectual property; |
| --- | --- |

—

commercial interests of a natural or legal person, including intellectual property;

| — | court proceedings and legal advice, |
| --- | --- |

—

court proceedings and legal advice,

| — | the purpose of inspections, investigations and audits, unless there is an overriding public interest in disclosure. |
| --- | --- |

—

the purpose of inspections, investigations and audits, unless there is an overriding public interest in disclosure.

6.   Access to a document, drawn up by the Joint Supervisory Body for internal use or received, which relates to a matter where the decision has not been taken by the Joint Supervisory Body, shall be refused if disclosure of the document would seriously undermine the decision-making process, unless there is an overriding public interest in disclosure.

Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the Joint Supervisory Body shall be refused even after the decision has been taken if disclosure of the document would seriously undermine the Joint Supervisory Body decision-making process, unless there is an overriding public interest in disclosure.

7.   As regards third-party documents, the Joint Supervisory Body shall consult the third party with a view to assessing whether an exception in paragraph 4 or 5 is applicable, unless it is clear that the document shall or shall not be disclosed. A Member State may request the Joint Supervisory Body not to disclose a document from that Member State without prior agreement.

8.   If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.

9.   Applications for access to a document shall be made in any written form, including electronic form, in one of the official languages and in a sufficiently precise manner to enable the Joint Supervisory Body to identify the document. The applicant is not obliged to state reasons for the application.

10.   If an application is not sufficiently precise, the Joint Supervisory Body shall ask the applicant to clarify the application and shall assist the applicant in doing so.

11.   In the event of an application relating to a very long document or to a very large number of documents, the Joint Supervisory Body may confer with the applicant informally, with a view to finding a fair solution.

12.   The Joint Supervisory Body shall provide information and assistance to citizens on how and where applications for access to documents can be made.

13.   An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 30 working days from registration of the application, the chair of the Joint Supervisory Body shall either grant access to the document requested and provide access in accordance with paragraph 15 of this Article within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 14 of this Article.

14.   In the event of a total or partial refusal, the applicant may, within 30 working days of receiving the reply of the Joint Supervisory Body, make a confirmatory application asking the Joint Supervisory Body to reconsider its position.

15.   The applicant shall have access to documents either by consulting them on the spot or by receiving a copy, including, where available, an electronic copy, according to applicant’s preference. The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies less than 20 A4 pages and direct access in electronic form shall be free of charge.

16.   If a document has already been released by the Joint Supervisory Body, Eurojust or other institutions and is easily accessible to the applicant, the Joint Supervisory Body may fulfil its obligation of granting access to documents by informing the applicant how to obtain the requested document.

17.   Documents shall be supplied in an existing version and format with full regard to the applicant’s preference.

Article 33

Evaluation

These rules of procedure shall be evaluated by the Joint Supervisory Body between one and three years after their entry into force, and in the light of experience.

Article 34

Entry into force of the rules of procedure

These rules of procedure shall enter into force on the day following that of their adoption in accordance with Article 23(9) of the Eurojust Decision

Done at The Hague, 23 June 2009.

For the Joint Supervisory Body

The Chair

Josef RAKOVSKÝ

---

(1)  OJ L 63, 6.3.2002, p. 1.

1

(2)  OJ L 138, 4.6.2009, p. 14.

2

(3)  Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the Gradual Abolition of Checks at the Common Borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).

3

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European Commission

| 7.7.2010 | EN | Official Journal of the European Union | C 182/11 |
| --- | --- | --- | --- |

7.7.2010

EN

Official Journal of the European Union

C 182/11

---

Euro exchange rates (1)

6 July 2010

2010/C 182/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2579 |
| JPY | Japanese yen | 110,46 |
| DKK | Danish krone | 7,4534 |
| GBP | Pound sterling | 0,82950 |
| SEK | Swedish krona | 9,6250 |
| CHF | Swiss franc | 1,3373 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0685 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,485 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 284,85 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7091 |
| PLN | Polish zloty | 4,1009 |
| RON | Romanian leu | 4,2361 |
| TRY | Turkish lira | 1,9589 |
| AUD | Australian dollar | 1,4788 |
| CAD | Canadian dollar | 1,3339 |
| HKD | Hong Kong dollar | 9,7979 |
| NZD | New Zealand dollar | 1,8112 |
| SGD | Singapore dollar | 1,7478 |
| KRW | South Korean won | 1 537,75 |
| ZAR | South African rand | 9,6285 |
| CNY | Chinese yuan renminbi | 8,5287 |
| HRK | Croatian kuna | 7,1939 |
| IDR | Indonesian rupiah | 11 405,10 |
| MYR | Malaysian ringgit | 4,0322 |
| PHP | Philippine peso | 58,363 |
| RUB | Russian rouble | 39,1015 |
| THB | Thai baht | 40,787 |
| BRL | Brazilian real | 2,2215 |
| MXN | Mexican peso | 16,3433 |
| INR | Indian rupee | 58,9000 |

Currency

Exchange rate

USD

US dollar

1,2579

JPY

Japanese yen

110,46

DKK

Danish krone

7,4534

GBP

Pound sterling

0,82950

SEK

Swedish krona

9,6250

CHF

Swiss franc

1,3373

ISK

Iceland króna

NOK

Norwegian krone

8,0685

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,485

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

284,85

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7091

PLN

Polish zloty

4,1009

RON

Romanian leu

4,2361

TRY

Turkish lira

1,9589

AUD

Australian dollar

1,4788

CAD

Canadian dollar

1,3339

HKD

Hong Kong dollar

9,7979

NZD

New Zealand dollar

1,8112

SGD

Singapore dollar

1,7478

KRW

South Korean won

1 537,75

ZAR

South African rand

9,6285

CNY

Chinese yuan renminbi

8,5287

HRK

Croatian kuna

7,1939

IDR

Indonesian rupiah

11 405,10

MYR

Malaysian ringgit

4,0322

PHP

Philippine peso

58,363

RUB

Russian rouble

39,1015

THB

Thai baht

40,787

BRL

Brazilian real

2,2215

MXN

Mexican peso

16,3433

INR

Indian rupee

58,9000

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 7.7.2010 | EN | Official Journal of the European Union | C 182/12 |
| --- | --- | --- | --- |

7.7.2010

EN

Official Journal of the European Union

C 182/12

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Prior notification of a concentration

(Case COMP/M.5774 — Holtzbrinck/Bertelsmann/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 182/05

| 1. | On 28 June 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Georg von Holtzbrinck GmbH & Co. KG (‘Holtzbrinck’, Germany) and Bertelsmann AG (‘Bertelsmann’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Premium Vertriebs GmbH (‘Premium’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 28 June 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Georg von Holtzbrinck GmbH & Co. KG (‘Holtzbrinck’, Germany) and Bertelsmann AG (‘Bertelsmann’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Premium Vertriebs GmbH (‘Premium’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for Holtzbrinck: international media company active in trade publishing, education and science, newspaper and magazines, as well as electronic media and services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Holtzbrinck: international media company active in trade publishing, education and science, newspaper and magazines, as well as electronic media and services,

| — | for Bertelsmann: international media company active in television, radio, publishing and other media and communication services, |
| --- | --- |

—

for Bertelsmann: international media company active in television, radio, publishing and other media and communication services,

| — | for Premium: online distribution platform for all forms of books, primarily for German language digital publishing products (‘e-books’). |
| --- | --- |

—

for Premium: online distribution platform for all forms of books, primarily for German language digital publishing products (‘e-books’).

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5774 — Holtzbrinck/Bertelsmann/JV, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5774 — Holtzbrinck/Bertelsmann/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

---