# Official Journal C 199/2023

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 199 |
| | |
| English edition | Information and Notices | Volume 667 June 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 199

English edition

Information and Notices

Volume 667 June 2023

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| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 199/01 | Non-opposition to a notified concentration (Case M.11099 – CINVEN / MBCC DIVESTMENT BUSINESS) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 199/01

Non-opposition to a notified concentration (Case M.11099 – CINVEN / MBCC DIVESTMENT BUSINESS) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2023/C 199/02 | Council Decision of 1 June 2023 appointing a member of the Advisory Committee on Safety and Health at Work for Ireland | 2 |
| | European Commission |
| 2023/C 199/03 | Euro exchange rates – 6 June 2023 | 4 |
| | European Data Protection Supervisor |
| 2023/C 199/04 | Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Council Directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 5 |
| 2023/C 199/05 | Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Ecuadorian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 7 |
| 2023/C 199/06 | Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Brazilian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 10 |
| 2023/C 199/07 | Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Directive of the European Parliament and of the Council on driving licenses, amending Directive (EU) 2022/2561 of the European Parliament and of the Council, Regulation (EU) 2018/1724 of the European Parliament and of the Council and Repealing Directive 2006/126/EC of the European Parliament and of the Council and Commission Regulation (EU) No 383/2012
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 13 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2023/C 199/02

Council Decision of 1 June 2023 appointing a member of the Advisory Committee on Safety and Health at Work for Ireland

2

European Commission

2023/C 199/03

Euro exchange rates – 6 June 2023

4

European Data Protection Supervisor

2023/C 199/04

Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Council Directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

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

5

2023/C 199/05

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Ecuadorian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

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

7

2023/C 199/06

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Brazilian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

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

10

2023/C 199/07

Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Directive of the European Parliament and of the Council on driving licenses, amending Directive (EU) 2022/2561 of the European Parliament and of the Council, Regulation (EU) 2018/1724 of the European Parliament and of the Council and Repealing Directive 2006/126/EC of the European Parliament and of the Council and Commission Regulation (EU) No 383/2012
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

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

13

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| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2023/C 199/08 | Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 16 |
| 2023/C 199/09 | Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 21 |

V   Announcements

OTHER ACTS

European Commission

2023/C 199/08

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

16

2023/C 199/09

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

21

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 7.6.2023 | EN | Official Journal of the European Union | C 199/1 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/1

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Non-opposition to a notified concentration

(Case M.11099 – CINVEN / MBCC DIVESTMENT BUSINESS)

(Text with EEA relevance)

(2023/C 199/01)

On 20 April 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). 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 policy’ 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 policy’ 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/homepage.html?locale=en) under document number 32023M11099. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11099. EUR-Lex is the online point of access to European Union law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 7.6.2023 | EN | Official Journal of the European Union | C 199/2 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/2

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COUNCIL DECISION

of 1 June 2023

appointing a member of the Advisory Committee on Safety and Health at Work for Ireland

(2023/C 199/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By Decision of 24 February 2022 (2), the Council appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2022 to 28 February 2025. |
| --- | --- |

(1)

By Decision of 24 February 2022 (2), the Council appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2022 to 28 February 2025.

| (2) | The Government of Ireland has submitted a nomination for a post to be filled, |
| --- | --- |

(2)

The Government of Ireland has submitted a nomination for a post to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following person is hereby appointed member of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2025:

I.   GOVERNMENT REPRESENTATIVES

| Member State | Member |
| --- | --- |
| Ireland | Ms Adrienne DUFF |

Member State

Member

Ireland

Ms Adrienne DUFF

Article 2

The Council shall appoint the members and alternate members not yet nominated at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 1 June 2023.

For the Council

The President

A. CARLSON

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(1)  OJ C 218, 13.9.2003, p. 1.

1

(2)  Council Decision of 24 February 2022 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work (OJ C 92, 25.2.2022, p. 1).

2

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European Commission

| 7.6.2023 | EN | Official Journal of the European Union | C 199/4 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/4

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Euro exchange rates (1)

6 June 2023

(2023/C 199/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0683 |
| JPY | Japanese yen | 149,09 |
| DKK | Danish krone | 7,4494 |
| GBP | Pound sterling | 0,86103 |
| SEK | Swedish krona | 11,6215 |
| CHF | Swiss franc | 0,9698 |
| ISK | Iceland króna | 151,10 |
| NOK | Norwegian krone | 11,8775 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 23,520 |
| HUF | Hungarian forint | 368,63 |
| PLN | Polish zloty | 4,4915 |
| RON | Romanian leu | 4,9592 |
| TRY | Turkish lira | 22,9762 |
| AUD | Australian dollar | 1,6038 |
| CAD | Canadian dollar | 1,4342 |
| HKD | Hong Kong dollar | 8,3777 |
| NZD | New Zealand dollar | 1,7579 |
| SGD | Singapore dollar | 1,4411 |
| KRW | South Korean won | 1 388,93 |
| ZAR | South African rand | 20,5593 |
| CNY | Chinese yuan renminbi | 7,6040 |
| IDR | Indonesian rupiah | 15 891,22 |
| MYR | Malaysian ringgit | 4,9222 |
| PHP | Philippine peso | 60,064 |
| RUB | Russian rouble | |
| THB | Thai baht | 37,161 |
| BRL | Brazilian real | 5,2538 |
| MXN | Mexican peso | 18,6436 |
| INR | Indian rupee | 88,2295 |

Currency

Exchange rate

USD

US dollar

1,0683

JPY

Japanese yen

149,09

DKK

Danish krone

7,4494

GBP

Pound sterling

0,86103

SEK

Swedish krona

11,6215

CHF

Swiss franc

0,9698

ISK

Iceland króna

151,10

NOK

Norwegian krone

11,8775

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

23,520

HUF

Hungarian forint

368,63

PLN

Polish zloty

4,4915

RON

Romanian leu

4,9592

TRY

Turkish lira

22,9762

AUD

Australian dollar

1,6038

CAD

Canadian dollar

1,4342

HKD

Hong Kong dollar

8,3777

NZD

New Zealand dollar

1,7579

SGD

Singapore dollar

1,4411

KRW

South Korean won

1 388,93

ZAR

South African rand

20,5593

CNY

Chinese yuan renminbi

7,6040

IDR

Indonesian rupiah

15 891,22

MYR

Malaysian ringgit

4,9222

PHP

Philippine peso

60,064

RUB

Russian rouble

THB

Thai baht

37,161

BRL

Brazilian real

5,2538

MXN

Mexican peso

18,6436

INR

Indian rupee

88,2295

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

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European Data Protection Supervisor

| 7.6.2023 | EN | Official Journal of the European Union | C 199/5 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/5

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Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Council Directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation

(2023/C 199/04)

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

With this Opinion, issued pursuant to Article 42(1) of Regulation (EU) 2018/1725 of the Parliament and of the Council (1), the EDPS puts forward recommendations on the Proposal for a Council Directive amending Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation (2) having regard to the fundamental rights to privacy and to the protection of personal data (‘the Proposal’).

The EDPS welcomes the objectives pursued by the Proposal, notably to ensure tax administrations have access to information that is necessary to perform their duties effectively and to strengthen the general compliance with the provisions of Directive 2011/16/EU. Against this background, the EDPS makes a number of recommendations aiming at ensuring full compliance of the Proposal with the applicable data protection legal framework.

Reuse of personal data for a different purpose by the competent authority of a Member State may only be allowed if it is grounded in Union or Member State law on the basis of which the further processing is lawfully authorised, constituting a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1) GDPR. To provide a higher level of harmonisation and legal certainty, the EDPS considers that the Proposal should provide an (exhaustive) list of the purposes for which personal data might be further processed.

As regards access by the Commission to the information recorded in the central directory on administrative cooperation in the field of taxation, the EDPS recommends clarifying which specific obligations of the Commission under the Directive warrant access to the information recorded in the central directory and to clearly specify the purpose of such access.

The EDPS welcomes, as a matter of principle that the Proposal aims to further clarify the roles and responsibilities of the Member States and the Commission within the meaning of data protection law. At the same time, the EDPS notes that Article 25(3) of Directive 2011/16/EU (both in its current form and as it would be amended by the Proposal) defines the respective roles of the Member States and Commission within the meaning of data protection law in a horizontal manner. To avoid unnecessary duplication, the EDPS recommends deleting the last two sentences of Article 8ad(10) as provided in Article 1(6) of the Proposal. Concerning Article 25(3) as it would be amended by the Proposal, the EDPS recommends clearly indicating in which cases the entities involved in the data processing shall be considered as a controller (alone) and when they shall be considered as joint controller.

Finally, the EDPS considers that the Proposal should provide not only for minimum, but also for a maximum period of storage duration. In addition, the Proposal should specify that the records of information received through the exchange of information must be deleted after the maximum data retention period, or earlier, if they are no longer necessary.

1.   INTRODUCTION

| 1. | On 8 December 2022, the European Commission issued a Proposal for a Council Directive (EU) amending Directive 2011/16/EU on administrative cooperation in the field of taxation (‘the Proposal’) (3). |
| --- | --- |

1.

| 2. | The objectives of the Proposal are (4):






  — | to introduce provisions for the reporting, due diligence and exchange of information on certain crypto-assets and e-money; |
| --- | --- | --- |

2.

—

to introduce provisions for the reporting, due diligence and exchange of information on certain crypto-assets and e-money;

| — | to introduce the obligation for the competent authorities of the Member States to exchange information on tax rulings with a cross-border element concerning high net worth individuals; |
| --- | --- |

—

to introduce the obligation for the competent authorities of the Member States to exchange information on tax rulings with a cross-border element concerning high net worth individuals;

| — | to introduce provisions on penalties to be applied to infringements of the national provisions transposing Directive 2011/16/EU (‘the Directive’) |
| --- | --- |

—

to introduce provisions on penalties to be applied to infringements of the national provisions transposing Directive 2011/16/EU (‘the Directive’)

| 3. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 9 February 2023, pursuant to Article 42(1) of EUDPR. The EDPS welcomes the reference to this consultation in recital 43 of the Proposal. The EDPS also positively notes that he was already previously informally consulted pursuant to recital 60 of EUDPR. |
| --- | --- |

3.

4.   CONCLUSIONS

| 32. | In light of the above, the EDPS makes the following recommendations:






  (1) | to indicate that the Proposal ensures full respect for the right of protection of personal data laid down in Article 8 of the Charter and to recall the applicability of GDPR and the EUDPR to the processing of personal data in the context of the Proposal; |
| --- | --- | --- |

32.

(1)

to indicate that the Proposal ensures full respect for the right of protection of personal data laid down in Article 8 of the Charter and to recall the applicability of GDPR and the EUDPR to the processing of personal data in the context of the Proposal;

| (2) | to clarify that the reuse of personal data by the competent authority of each Member State may only be allowed if it is grounded in Union or Member State law which lays down a list of purposes for which the further processing may be lawfully authorised constituting a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1) GDPR and to provide in the Proposal itself an (exhaustive) list of purposes for which personal data might be further processed; |
| --- | --- |

(2)

to clarify that the reuse of personal data by the competent authority of each Member State may only be allowed if it is grounded in Union or Member State law which lays down a list of purposes for which the further processing may be lawfully authorised constituting a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1) GDPR and to provide in the Proposal itself an (exhaustive) list of purposes for which personal data might be further processed;

| (3) | to amend the enacting terms of the Proposal to clarify which specific obligations of the Commission under the Directive warrant access to the information recorded in the central directory; |
| --- | --- |

(3)

to amend the enacting terms of the Proposal to clarify which specific obligations of the Commission under the Directive warrant access to the information recorded in the central directory;

| (4) | to delete the last two sentences of Article 8ad(10) as provided in Article 1(6) of the Proposal; |
| --- | --- |

(4)

to delete the last two sentences of Article 8ad(10) as provided in Article 1(6) of the Proposal;

| (5) | concerning Article 25(3) of the Directive as it would be amended by the Proposal, to clearly indicate in which cases the entities involved in the processing shall be considered as a controller (alone) and when they shall be considered as joint controllers; |
| --- | --- |

(5)

concerning Article 25(3) of the Directive as it would be amended by the Proposal, to clearly indicate in which cases the entities involved in the processing shall be considered as a controller (alone) and when they shall be considered as joint controllers;

| (6) | to provide for a maximum period of storage duration and to specify that the records of information received through the exchange of information must be deleted after the maximum data retention period, or earlier, if they are no longer necessary. |
| --- | --- |

(6)

to provide for a maximum period of storage duration and to specify that the records of information received through the exchange of information must be deleted after the maximum data retention period, or earlier, if they are no longer necessary.

Brussels, 3 April 2023.

Wojciech Rafał WIEWIÓROWSKI

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(1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

1

(2)  Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1).

2

(3)  COM(2022) 707 final.

3

(4)  COM(2022) 707 final, p. 1.

4

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| 7.6.2023 | EN | Official Journal of the European Union | C 199/7 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/7

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Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Ecuadorian law enforcement authorities

(2023/C 199/05)

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

On 22 February 2023 the European Commission issued a Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Ecuador on the exchange of personal data between Europol and the Ecuadorian authorities competent for fighting serious crime and terrorism.

The objective of the Proposal is to open negotiations with the Republic of Ecuador with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Ecuadorian authorities competent for fighting serious crime and terrorism. The Annex to the Proposal lays down the Council’s negotiating Directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations.

Transfers of personal data gathered in the context of criminal investigations and further processed by Europol to produce criminal intelligence are liable to have a significant impact on the lives of the individuals concerned. For that reason, the international agreement must ensure that the limitations to the rights to privacy and data protection in relation to the fight against serious crime and terrorism apply only in so far as is strictly necessary.

The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating Directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities.

In this regard, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Ecuador with respect to the protection of personal data. In this context, the EDPS recommends that the future Agreement explicitly lays down the list of the criminal offences regarding which personal data could be exchanged; provides for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; adduces additional safeguards as regards the transfer of special categories of data; ensures that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way; lays down clear and detailed rules regarding the information that should be made available to the data subjects.

The EDPS recalls that, pursuant to Article 8(3) of the Charter, the control by an independent authority is an essential element of the right to the protection of personal data. The EDPS therefore recommends to the Commission to pay special attention, during the negotiations to the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of the Republic of Ecuador that will use the transferred personal data. In addition, in order to ensure proper implementation of the Agreement, the EDPS also suggests that the Parties exchange on a regular basis information on the exercise of rights by data subjects as well as relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

1.   INTRODUCTION

| 1. | On 22 February 2023 the European Commission issued a Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Ecuador on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Ecuadorian authorities competent for fighting serious crime and terrorism (1) (‘the Proposal’). The Proposal is accompanied by its respective Annex. |
| --- | --- |

1.

| 2. | The objective of the Proposal is to open negotiations with the Republic of Ecuador with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Ecuadorian authorities competent for fighting serious crime and terrorism. The Annex to the Proposal lays down the Council’s negotiating Directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations. |
| --- | --- |

2.

| 3. | In the Explanatory Memorandum of the Proposal the Commission assesses that Latin America’s organised crime groups pose a serious threat to the EU internal security as their actions are increasingly linked to a series of crimes within the Union, particularly in the realm of drug trafficking (2). The 2021 EU Serious and Organised Crime Threat Assessment (‘SOCTA’) by Europol highlights that unprecedented quantities of illicit drugs are trafficked from Latin America to the EU, generating multi-billion-euro profits, which are used to finance a diverse range of criminal organisations (international and EU-based) and to weaken the rule of law in the EU (3). |
| --- | --- |

3.

| 4. | Most of the drugs seized in the EU is transported by sea, primarily in maritime shipping containers (4), and shipped to the EU directly from the countries of production as well as from neighbouring countries of departure in Latin America, including the Republic of Ecuador (5). Based on quantities of cocaine seized in European ports and in ports elsewhere destined for Europe, Ecuador (with a cocaine seizure of about 67,5 tonnes) was one of the main departure points in 2020, as it has been for some years (6). |
| --- | --- |

4.

| 5. | In its Programming Document 2022-2024, Europol has flagged that, among others, the growing demand for drugs and increased drug trafficking routes into the EU justify the need for enhanced cooperation with Latin American countries (7). In this sense, in December 2022, the Republic of Ecuador was included in Europol’s list of priority partners with which the agency may conclude Working Arrangements. In the same vein, Ecuador has been identified as a key international partner to reduce the global supply of cocaine by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (8). |
| --- | --- |

5.

| 6. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 22 February 2023, pursuant to Article 42(1) of EUDPR. The EDPS welcomes that he has been consulted on the Proposal and expects a reference to this Opinion to be included in the preamble of the Council Decision. In addition, the EDPS welcomes the reference, in Recital 4 of the Proposal, to Recital 35 of the Regulation (EU) 2016/794 of the European Parliament and of the Council (9) (‘Europol Regulation’), which provides that the Commission should be able to consult the EDPS also during the negotiations of the Agreement and, in any event, before the Agreement is concluded. |
| --- | --- |

6.

11.   CONCLUSIONS

| 38. | In light of the above, the EDPS recommends:






  (1) | that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights, |
| --- | --- | --- |

38.

(1)

that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights,

| (2) | that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases, |
| --- | --- |

(2)

that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases,

| (3) | that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed, |
| --- | --- |

(3)

that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed,

| (4) | to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation, |
| --- | --- |

(4)

to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation,

| (5) | to ensure that security measures cover data processed in the place of destination, as well as in transit, |
| --- | --- |

(5)

to ensure that security measures cover data processed in the place of destination, as well as in transit,

| (6) | to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way, |
| --- | --- |

(6)

to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way,

| (7) | that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects, |
| --- | --- |

(7)

that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects,

| (8) | the Commission to pay special attention, during the negotiations to, draft Directive 3(k) concerning the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of the Republic of Ecuador that will use the transferred personal data, |
| --- | --- |

(8)

the Commission to pay special attention, during the negotiations to, draft Directive 3(k) concerning the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of the Republic of Ecuador that will use the transferred personal data,

| (9) | for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement. |
| --- | --- |

(9)

for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

Brussels, 19 April 2023.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  COM(2023) 97 final.

1

(2)  See p. 2 of the Proposal.

2

(3)  European Union Serious and Organised Crime Threat Assessment: A corrupt influence: The infiltration and undermining of Europe’s economy and society by organised crime.

3

(4)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en

4

(5)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en

5

(6)  EU Drug Market: Cocaine p. 24, available at EU Drug Market: Cocaine, www.emcdda.europa.eu

6

(7)  Europol Programming Document 2022-2024, p. 150.

7

(8)  EU Drug Market: Cocaine, available at EU Drug Market: Cocaine, www.emcdda.europa.eu

8

(9)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

9

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| 7.6.2023 | EN | Official Journal of the European Union | C 199/10 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/10

---

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Brazilian law enforcement authorities

(2023/C 199/06)

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

On 22 February 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Federative Republic of Brazil on the exchange of personal data between Europol and the Brazilian authorities competent for fighting serious crime and terrorism.

The objective of the Recommendation is to open negotiations with Brazil with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Brazilian authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating Directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations.

Transfers of personal data gathered in the context of criminal investigations and further processed by Europol to produce criminal intelligence are liable to have a significant impact on the lives of the individuals concerned. For that reason, the international agreement must ensure that the limitations to the rights to privacy and data protection in relation to the fight against serious crime and terrorism apply only in so far as is strictly necessary.

The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating Directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities.

In this regard, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Brazil with respect to the protection of personal data. In this context, the EDPS recommends that the future Agreement explicitly lays down the list of the criminal offences regarding which personal data could be exchanged; provides for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; adduces additional safeguards as regards the transfer of special categories of data; ensures that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way; lays down clear and detailed rules regarding the information that should be made available to the data subjects.

The EDPS recalls that, pursuant to Article 8(3) of the Charter, the control by an independent authority is an essential element of the right to the protection of personal data. In this context, the EDPS positively notes the recent establishment in Brazil of an independent data protection authority, the Brazilian Data Protection Supervisory Authority (Autoridade Nacional de Proteção de Dados – ANPD). In addition, in order to ensure proper implementation of the Agreement, the EDPS also suggests that the Parties exchange on a regular basis information on the exercise of rights by data subjects as well as relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

1.   INTRODUCTION

| 1. | On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Federative Republic of Brazil on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Brazilian authorities competent for fighting serious crime and terrorism (1) (‘the Recommendation’). The Recommendation is accompanied by its respective Annex. |
| --- | --- |

1.

| 2. | The objective of the Recommendation is to open negotiations with the Federative Republic of Brazil (hereinafter ‘Brazil’) with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Brazilian law enforcement authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating Directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations. |
| --- | --- |

2.

| 3. | In the Explanatory Memorandum of the Recommendation the Commission assesses that Latin America’s organised crime groups pose a serious threat to the EU internal security as their actions are increasingly linked to a series of crimes within the Union, particularly in the realm of drug trafficking (2). The 2021 EU Serious and Organised Crime Threat Assessment (‘SOCTA’) by Europol highlights that unprecedented quantities of illicit drugs are trafficked from Latin America to the EU, generating multi-billion-euro profits, which are used to finance a diverse range of criminal organisations (international and EU-based) and to weaken the rule of law in the EU (3). Organised crime organisations based in Latin America are also active in other crime areas that fall within Europol’s mandate, such as cybercrime, money laundering, and environmental crimes. |
| --- | --- |

3.

| 4. | Most of the drugs seized in the EU are transported by sea, primarily in maritime shipping containers (4), and shipped to the EU directly from the countries of production as well as from neighbouring countries of departure in Latin America, including Brazil (5). Brazilian organised crime organisations have become partners of Colombian criminal networks and also purchase cocaine produced in Bolivia and Peru. In addition to their trafficking activities, these networks are service providers for globally operating criminal networks that use Brazilian ports to traffic cocaine (6). Based on quantities of cocaine seized in European ports and in ports elsewhere destined for Europe, Brazil, with a cocaine seizure of about 71 tonnes, was one of the main departure points in 2020, as it has been for some years (7). |
| --- | --- |

4.

| 5. | In its Programming Document 2022-2024, Europol has flagged that, among others, the growing demand for drugs and increased drug trafficking routes into the EU justify the need for enhanced cooperation with Latin American countries (8). In the same vein, Brazil has been identified as a key international partner to reduce the global supply of cocaine by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (9). Currently, the cooperation between Europol and Brazil is based on an Agreement on Strategic Cooperation signed in April 2017 (10), which does not provide a valid legal basis under Union law for exchange of personal data. |
| --- | --- |

5.

| 6. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 9 March 2023, pursuant to Article 42(1) of EUDPR. The EDPS welcomes that he has been consulted on the Recommendation and expects a reference to this Opinion to be included in the preamble of the Council Decision. In addition, the EDPS welcomes the reference, in Recital 4 of the Recommendation, to Recital 35 of the Regulation (EU) 2016/794 of the European Parliament and of the Council (11) (‘Europol Regulation’), which provides that the Commission should be able to consult the EDPS also during the negotiations of the Agreement and, in any event, before the Agreement is concluded. |
| --- | --- |

6.

| 7. | The EDPS recalls that he has already had the opportunity to comment in 2018 and in 2020 on the exchange of personal data between Europol and the law enforcement authorities of third countries on the basis of Europol Regulation (12). |
| --- | --- |

7.

| 8. | The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating Directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities. |
| --- | --- |

8.

| 9. | In this context, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Brazil with respect to the protection of personal data. They are without prejudice to any additional recommendations that the EDPS could make on the basis of further available information and the provisions of the draft agreement during the negotiations. |
| --- | --- |

9.

11.   CONCLUSIONS

| 37. | In light of the above, the EDPS recommends:






  (1) | that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights, |
| --- | --- | --- |

37.

(1)

that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights,

| (2) | that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases, |
| --- | --- |

(2)

that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases,

| (3) | that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed, |
| --- | --- |

(3)

that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed,

| (4) | to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation, |
| --- | --- |

(4)

to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation,

| (5) | to ensure that security measures cover data processed in the place of destination, as well as in transit, |
| --- | --- |

(5)

to ensure that security measures cover data processed in the place of destination, as well as in transit,

| (6) | to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way, |
| --- | --- |

(6)

to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way,

| (7) | that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects, |
| --- | --- |

(7)

that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects,

| (8) | for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement. |
| --- | --- |

(8)

for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

Brussels, 3 May 2023.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  COM(2023) 132 final.

1

(2)  See page 2 of the Explanatory Memorandum to the Proposal.

2

(3)  European Union Serious and Organised Crime Threat Assessment: A corrupt influence: The infiltration and undermining of Europe’s economy and society by organised crime, page 12.

3

(4)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en

4

(5)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en

5

(6)  EU Drug Market: Cocaine, p. 47, available at EU Drug Market: Cocaine, www.emcdda.europa.eu

6

(7)  EU Drug Market: Cocaine, p. 24, available at EU Drug Market: Cocaine. | www.emcdda.europa.eu

7

(8)  Europol Programming Document 2022-2024, p. 150.

8

(9)  EU Drug Market: Cocaine, available at EU Drug Market: Cocaine, www.emcdda.europa.eu .

9

(10)  https://www.europol.europa.eu/partners-agreements/strategic-agreements

10

(11)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

11

(12)  See EDPS Opinion 2/2018 on eight negotiating mandates to conclude international agreements allowing the exchange of data between Europol and third countries, adopted on 14 March 2018, https://edps.europa.eu/sites/edp/files/publication/18-03-19_opinion_international_agreements_europol_en.pdf and EDPS Opinion 1/2020 on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and New Zealand law enforcement authorities, issued on 31 January 2020 https://edps.europa.eu/sites/default/files/publication/20-01-31_opinion_recommendation_europol_en.docx.pdf

12

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| 7.6.2023 | EN | Official Journal of the European Union | C 199/13 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/13

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Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Directive of the European Parliament and of the Council on driving licenses, amending Directive (EU) 2022/2561 of the European Parliament and of the Council, Regulation (EU) 2018/1724 of the European Parliament and of the Council and Repealing Directive 2006/126/EC of the European Parliament and of the Council and Commission Regulation (EU) No 383/2012

(2023/C 199/07)

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

On 1 March 2023 the European Commission issued a Proposal for a Directive of the European Parliament and of the Council on driving licences, amending Directive (EU) 2022/2561 of the European Parliament and of the Council, Regulation (EU) 2018/1724 of the European Parliament and of the Council and repealing Directive 2006/126/EC of the European Parliament and of the Council and Commission Regulation (EU) No 383/2012 (1) (‘the Proposal’).

The general objectives of the Proposal, as stated by the Commission, are to improve road safety, facilitate free movement as well as respond to the need for an increased sustainability and digital transformation of road transport.

The EDPS recognises that the objectives the Proposal aims to achieve, in particular promoting road safety and facilitating the free movement of individuals are legitimate purposes that qualify as public interest tasks. At the same time, it is important to ensure that the envisaged measures constitute an appropriate tool with regard to the objectives pursued by the Proposal.

The EDPS welcomes the intention to align the Proposal with the Union legislation on data protection. The EDPS also welcomes the additional safeguards provided for by the Proposal to ensure the protection of personal data during the verification of the driving rights of the holder of the driving licence. Also positive is the clarification that the Proposal would not provide a legal basis for setting up or maintaining databases at EU/national level for the storage of biometric data.

At the same time, the EDPS regrets the absence of a specific assessment on the necessity and proportionality of broadening the use of the network for the exchange of information related to driving licences between national authorities (RESPER) to prevent, detect and investigate criminal offences and recommends limiting the processing of driving licence data to road traffic-related offences.

Furthermore, the EDPS considers that with regard to the use of electronic applications for the verification of mobile driving licences, it should be ensured that no personal data other than those necessary for the verification of the driving rights of the holder of the mobile driving licence are used for this purpose. Finally, the EDPS recommends making the use of the European Digital Identity Wallet for the purpose of implementing the app that would hold the digital licence optional.

1.   INTRODUCTION

| 1. | On 1 March 2023 the European Commission issued a Proposal for a Directive of the European Parliament and of the Council on driving licenses, amending Directive (EU) 2022/2561 of the European Parliament and of the Council, Regulation (EU) 2018/1724 of the European Parliament and of the Council and repealing Directive 2006/126/EC of the European Parliament and of the Council and Commission Regulation (EU) No 383/2012 (2) (‘the Proposal’). |
| --- | --- |

1.

| 2. | The Proposal is part of a larger legislative package, referred to as the ‘Road Safety Package’ which also includes:






  a. | a Proposal for a Directive amending Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences (3); |
| --- | --- | --- |

2.

a.

a Proposal for a Directive amending Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences (3);

| b. | a Proposal for a Directive on the Union wide effect of certain driving disqualifications disqualification (4). |
| --- | --- |

b.

a Proposal for a Directive on the Union wide effect of certain driving disqualifications disqualification (4).

| 3. | This Proposal has been announced in the Commission Work Programme 2022, Annex II (REFIT initiatives), under the heading ‘A New Push for European Democracy’ (5). |
| --- | --- |

3.

| 4. | The general objectives of the Proposal, as stated by the Commission, are to improve road safety, facilitate free movement as well as respond to the need for an increased sustainability and digital transformation of road transport (6). In this regard, the Proposal lays down measures to improve driving skills, knowledge and experience as well as reduce and punish dangerous behavior; ensure adequate physical and mental fitness of drivers across the EU; remove inadequate or unnecessary barriers affecting applicants and holders of driving licenses. |
| --- | --- |

4.

| 5. | The Proposal is linked to the policy goals of several strategic documents:






  a. | The Strategic Action Plan on Road Safety (7); |
| --- | --- | --- |

5.

a.

The Strategic Action Plan on Road Safety (7);

| b. | The EU Road Safety Policy Framework 2021-2030 - next steps towards ‘Vision Zero’ (8); |
| --- | --- |

b.

The EU Road Safety Policy Framework 2021-2030 - next steps towards ‘Vision Zero’ (8);

| c. | Valletta Declaration on Improving Road Safety (9); |
| --- | --- |

c.

Valletta Declaration on Improving Road Safety (9);

| d. | Sustainable and Smart Mobility Strategy of 2020 (10); |
| --- | --- |

d.

Sustainable and Smart Mobility Strategy of 2020 (10);

| e. | The UN Global Plan for the Decade of Action for Road Safety 2021-2030 (11). |
| --- | --- |

e.

The UN Global Plan for the Decade of Action for Road Safety 2021-2030 (11).

| 6. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 1 March 2023, pursuant to Article 42(1) of EUDPR (12). The EDPS welcomes the reference to this consultation in Recital 42 of the Proposal. |
| --- | --- |

6.

6.   CONCLUSIONS

| 27. | In light of the above, the EDPS makes the following recommendations:






  (1) | To clarify the relationship of the Proposal with the existing legal framework on data protection in the EU as well as the e-Privacy Directive; |
| --- | --- | --- |

27.

(1)

To clarify the relationship of the Proposal with the existing legal framework on data protection in the EU as well as the e-Privacy Directive;

| (2) | To modify Article 19(2)(c) by limiting the use of RESPER to enabling access to driving licence data for the purpose of preventing, detecting and investigating criminal offences related to road traffic; |
| --- | --- |

(2)

To modify Article 19(2)(c) by limiting the use of RESPER to enabling access to driving licence data for the purpose of preventing, detecting and investigating criminal offences related to road traffic;

| (3) | To include a provision to ensure that no personal data other than those necessary for the verification of the driving rights of the holder of the mobile driving licence are processed for this purpose in the context of the electronic application for the digital driving licences; |
| --- | --- |

(3)

To include a provision to ensure that no personal data other than those necessary for the verification of the driving rights of the holder of the mobile driving licence are processed for this purpose in the context of the electronic application for the digital driving licences;

| (4) | To make the use of the European Digital Identity Wallet for the purpose of implementing the app that would hold the digital licence optional. |
| --- | --- |

(4)

To make the use of the European Digital Identity Wallet for the purpose of implementing the app that would hold the digital licence optional.

Brussels, 25 April 2023.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  COM(2023) 127 final.

1

(2)  COM(2023) 127 final.

2

(3)  COM(2023) 126 final.

3

(4)  COM(2023) 128 final.

4

(5)  COM(2021) 645 final, Annex II, p. 11.

5

(6)  COM(2023) 127 final, p. 4.

6

(7)  COM(2018) 293 final, Annex I, Europe on the Move. Sustainable Mobility for Europe: safe, connected and clean.

7

(8)  SWD(2019) 283 final.

8

(9)  Council conclusions on road safety endorsing the Valletta Declaration (Valletta, 28–29 March 2017) 9994/17.

9

(10)  COM(2020) 789 final.

10

(11)  https://cdn.who.int/media/docs/default-source/documents/health-topics/road-traffic-injuries/global-plan-for-road-safety.pdf?sfvrsn=65cf34c8_35&download=true

11

(12)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

12

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V Announcements

OTHER ACTS

European Commission

| 7.6.2023 | EN | Official Journal of the European Union | C 199/16 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/16

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

(2023/C 199/08)

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

SINGLE DOCUMENT

’Meso turopoljske svinje'

EU No: PDO-HR-02858 — 2.8.2022

PDO (X ) PGI ( )

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

’ Meso turopoljske svinje '

2.   Member State or Third Country

Republic of Croatia

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.1. Fresh meat (and offal)

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

‘Meso turopoljske svinje’ is the fresh meat and other edible parts of the carcass of castrated males and of females of the autochthonous Turopolje pig breed, which are born, reared and slaughtered in the geographical area defined in point 4.

‘Meso turopoljske svinje’ is marketed fresh or frozen as dressed half-carcasses, parts of half-carcasses with the bone (primal cuts) and as deboned meat (by the piece or sliced, in bulk or packaged).

The age of the pigs at slaughter is at least 12 months. Only dressed carcasses of category T1 (fattened pigs) and T2 (fattened pigs with a higher final weight) may be used. The minimum thickness of the back fat measured over the M. gluteus medius according to the ZP (two-points) method must be 30 mm.

The pH value of the meat (measured on the M. longissimus dorsi) is within the limits of the normal quality for pork (pH1 > 6,0 and pH2 between 5,5 and 6,1), with a meat colour of CIE L* < 50 and CIE a* > 15.

‘Meso turopoljske svinje’ has a darker, redder colour, a more compact muscle texture and less surface secretion than pork of standard production. It has an innately higher degree of fat accumulation, especially in the subcutaneous part and between the muscles. The cooled adipose tissue is firm, and glossy-white in colour.

When consumed, the cooked meat has an elastic, juicy consistency, full of flavour and a specific aroma from the rendered fat of the meat.

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

During the suckling period, from 3 weeks of age to around 10 days after weaning, the piglets may be fed a ready-made feed mix for suckling pigs with a minimum of 18 % crude protein, and with a minimum of 16 % crude protein until the beginning of fattening. After weaning, until fattening begins, compound feed produced on the farm may also be used to feed the piglets, the basis of which (minimum 70 %) is made up of cereals (maize, barley, wheat, triticale) with a protein and vitamin-mineral supplement necessary for a balanced diet. The piglets are fed meals, and a sufficient supply of fresh drinking water must be available to them at all times. During rearing, the piglets must have access to coarse fodder.

Fattening starts from 4 to 6 months of age. The pigs in fattening are fed a mix of grass and other natural sources of food available locally (herbs, tree fruits, wild fruits, roots, tubers, mushrooms, insects, worms, snails, shells, etc.), which they find by grazing and burrowing, with a daily supplement of feed to supplement fattening. At least 75 % of the concentrate supplement must be made up of cereals, with a protein and vitamin-mineral supplement necessary for a balanced diet (minimum 12 % crude protein). The maximum daily intake of such feed is limited to 2 % of the animal’s live weight, or exceptionally up to 3 % in the event of natural disasters (droughts, floods, hailstorms, etc.) when grazing is not possible. A supplement of coarse fodder must be available to the fattening pigs: fresh alfalfa and alfalfa hay, clover/grass mixtures, haylage, pumpkin, turnip, brassica vegetables, potatoes, nettles, fruit and vegetables, wheat bran, and beet pulp.

All feed – except feed for which a sufficient quantity (protein, mineral and vitamin supplements) cannot be produced due to local constraints, or which cannot be sourced locally due to natural disasters – must come from the geographical production area. Exceptionally, in the event of natural disasters (droughts, floods, hailstorms) preventing the production of the necessary feed in the defined area, the same type of feed may be sourced from other areas, for which the owner must provide documentary evidence. The maximum amount of feed which may come from outside the geographical area referred to in point 4 must not exceed 50 % of dry matter on an annual basis.

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

All stages of the production of ‘Meso turopoljske svinje’, including farrowing and the rearing, fattening and slaughtering of the pigs, must take place within the geographical area referred to in point 4.

Exceptionally, breeding animals may come from outside the defined area if there are justified zootechnical requirements (e.g. blood refreshment).

All registered or approved establishments involved in the production chain of ‘Meso turopoljske svinje’ (farms and abattoirs) must be located within the defined geographical area.

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

‘Meso turopoljske svinje’ may be sold as chilled (fresh) or frozen meat, by the piece or sliced, in bulk or packaged.

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

When placed on the market in the form of half-carcasses and primal cuts, and for all types of retail packaging, the product label must include, in addition to the particulars laid down in the legislation, the name of the designation of origin and the common symbol for ‘Meso turopoljske svinje’.

Illustration of common symbol:

Image 1

All users of the designation of origin ‘Meso turopoljske svinje’ who place a product on the market that is in accordance with its product specification have the right to use the common symbol, under the same conditions.

4.   Concise definition of the geographical area

The production area of ‘Meso turopoljske svinje’ is confined to the area of continental Croatia, which consists of 13 counties and the city of Zagreb. It is located exclusively within the administrative boundaries of the towns and municipalities of the following counties: Zagreb, Sisak-Moslavina, Varaždin, Vukovar-Syrmia, Osijek-Baranja, Slavonski Brod-Posavina, Požega-Slavonia, Virovitica-Podravina, Bjelovar-Bilogora, Koprivnica-Križevci, Međimurje, Krapina-Zagorje, Karlovac, and the city of Zagreb.

5.   Link with the geographical area

Specificity of the geographical area

The Turopolje pig breed originates in the Turopolje area, which in terms of relief and geography is a plain located on an alluvial plate between Posavina (swampy lowlands along the Sava river) to the north and the Vukomerić Hills (a low, flat mountain range) to the south. The Turopolje plain is criss-crossed by the Odra river and its tributaries, which regularly flood the depressions due to the impermeability of the surrounding terrain (heavy minerogenic/swampy clay soils) to the high spring and autumn water levels.

The most significant plant communities in this area include common oak (Quercus robur) and swampy meadows of hair-grass (Deschampsietum caespitosae).

Like most of continental Croatia, this area has a moderately warm, wet climate. The mean annual air temperature is 10,2 °C, annual precipitation is 893 mm, and average relative humidity is 78,6 %. The average air temperature during the vegetation period (April-September) is 16,7 °C. For forest vegetation, it is important that precipitation is evenly distributed throughout the year and that over 50 % of precipitation falls during the vegetation period. Precipitation is at its lowest in winter. Similar climatic and relief features that shape the large forested areas and pastures in the floodplains along the rivers are also characteristic of the other areas of continental Croatia to which Turopolje pig-farming has spread.

The abundance of forests, in particular oak, the numerous watercourses and the temperate climate of Turopolje have long favoured the development of pig-farming. For centuries, the farming of Turopolje pigs has been important for the livelihood of local inhabitants, who have been excellent pig breeders since time immemorial. The long tradition of pig rearing in this area is evidenced by a wealth of written material – in particular various decrees, decisions and records that mention prominent pig farmers and the conditions for keeping pigs in the forest, regulate fattening fees or impose penalties for pig theft – which has been found in municipal registers, historical records and other local literary sources dating as far back as 1352.

In the second half of the 19th century and the first half of the 20th century, the area where the Turopolje pig was bred expanded from Turopolje towards Sisak and Draganić and later to a part of Slavonia and Podravina stretching as far as the Hungarian border, making the Turopolje pig the most widespread pig breed in Croatia. For example, in 1921 some 85 000 Turopolje pigs were being bred, some of them for export.

With the transition from extensive to intensive pig-farming in the middle of the 20th century, the Turopolje pig breed lost its economic importance and almost died out. The revival of breeding began in 1996, when the breed was included in the state programme for renewal and in situ protection.

Due to its inferior production features compared to other breeds, autochthonous Turopolje pigs are rare nowadays, and are reared almost exclusively in the geographical area defined in point 4. In this area, the pigs are still reared using a traditional, local low-input technology developed in the past by keeping Turopolje pigs outdoors in an ecosystem of floodplain forests and swampy meadows. Under this type of pig rearing, the pigs grow slowly, roam freely, and feed on grass and other natural sources of food available (herbs, acorns and other tree fruits, wild fruits, roots, tubers, mushrooms, insects, worms, snails, shells, etc.), which they find by themselves by grazing and burrowing, with a minimum supplement of concentrated feed.

The low-input technology involved in the rearing of Turopolje pigs outdoors is unique to the geographical area defined in point 4, where it has been applied for centuries. Outside the geographical area, pig rearing is more intensive, with a higher proportion of feed mix in the diet, little movement, and a lack of natural sources of food, which adversely affects the characteristics of the meat of Turopolje pigs, in particular the colour and structure as well as the taste and aroma of their meat.

Specificity of the product

The Turopolje pig is thought to have emerged in the early Middle Ages through the cross-breeding of a locally domesticated pig whose original form was the Mediterranean wild boar (Sus mediterraneus) with a pig of the Šiška breed – a direct descendant of the European wild boar (Sus scrofa ferus), which the newly arrived Slavic tribes brought with them to this region. The resulting pig was adaptable and resistant to weather conditions and diseases, and fitted in extremely well with Turopolje’s ecosystem. The breed was developed locally, without any significant external influence, which is why today the Turopolje breed shows a clear genetic distance from pig breeds from near and far.

Fattening pigs of the Turopolje breed are characterised by a slower growth rate and a shorter carcass with a smaller proportion of meat than other pig breeds, while the accumulation of fat, especially in the subcutaneous part and between the muscles, is significantly higher. (Karolyi et al., 2019: Turopolje Pig. In: European Local Pig Breeds – Diversity and Performance. A study of project TREASURE (M. Čandek-Potokar, R. Nieto Linan (ed.), IntechOpen, pp. 271–274).

Due to their older age at slaughter and greater physical activity while outdoors, the pigs’ meat has a darker, redder colour, a more compact muscle texture and less surface secretion than pork of standard production, without the so-called PSE (pale, soft and exudative) characteristics that often appear in stress-sensitive genotypes due to gene mutations, which have not been recorded in these breeds. This is confirmed by studies which have shown that the pH of the meat (measured on the M. longissimus dorsi) is within the limits of the normal quality for pork (pH1 > 6,0 and pH2 between 5,5 and 6,1), with a meat colour of CIE L* < 50 and CIE a* > 15.

The meat of the Turopolje pig has always been especially prized and is often considered to be superior to the meat of other breeds of pig; Ritzoffy (1931) attributes the higher quality, thinner fibre and characteristic colour and flavour of the meat of the Turopolje pig to the injection of Mediterranean blood. Recent scientific studies have confirmed the thinness (smaller diameter) of muscle fibres in the meat of the Turopolje pig compared to industrial cross-breeds of pig (Đikić et al., 2010: Biological characteristics of Turopolje pig breed as factors in renewing and preservation of population. Stočarstvo 64 (2–4), p. 86).

Public interest in the Turopolje pig endures to this day, as evidenced by numerous print and electronic media. A survey of consumer preferences confirmed that Croatian consumers are generally familiar with the Turopolje pig (89,5 % of respondents) and recognise the quality of its meat and products, while almost half of all respondents (47 %) and most respondents at local level (55–57 %) consider them better than the meat and products of modern pig breeds (Annex 5.4, Cerjak 2019: Znanje i preferencije potrošača prema turopoljskoj svinji i proizvodima od turopoljske svinje [Consumer knowledge of and preferences for the Turopolje pig and its products], Zagreb University of Agriculture, pp. 1–40).

Causal link between the geographical area and the product

The protection of the product ‘Meso turopoljske svinje’ is based on the specific quality of the meat resulting from the genetic basis, the way in which the pigs are kept and fed, and the pigs’ age at slaughter.

The geography and relief, and climatic and biotic factors of the lowland forest ecosystems of Pokuplje and Posavina favoured the early development of pig-farming in the Turopolje area, whose inhabitants have been excellent pig breeders since time immemorial. The Turopolje pig – one of Europe’s oldest pig breeds – was developed without any significant external influence, over a lengthy period of time, in which the continuous interaction between genotype and environment led the breed to adapt to and utilise the area’s natural resources. Resistant to weather and disease, with modest needs and capable of finding food on their own, the pigs have always been able to survive outdoors, which is why they spent most of the year grazing in the forest, where they had grass and acorns as their main food energy source, satisfying their protein requirements by burrowing. This low-input technology (food and housing capacity) with full use of natural resources has been maintained in the farming of this breed to this day.

The breeding method, which includes free grazing in forests and on pastures and feeding on naturally available food sources, and innate breed characteristics such as robustness, slow weight gain and an ability for compensatory growth and fat accumulation, together with an absence of intensive selection or any significant cross-breeding, have shaped the growth characteristics of the Turopolje pig, which directly affect the development of body tissue and the specific characteristics of ‘Meso turopoljske svinje’. The fact that the pigs remain outdoors, their greater muscle activity, together with the older age of the fattening pigs at slaughter, lead to a greater accumulation of muscle pigment, giving the meat a darker, redder colour. The colour of the meat and bacon is also more sustainable, due to a more varied choice of food and the intake of natural antioxidants and other substances that help stabilise the tissue. The smaller diameter of the muscle fibres gives the meat a finer texture. The meat is also compact and without surface secretion. At the same time, compensatory growth with an energy-rich diet in the final stages of breeding during the autumn season after weaker growth in spring and summer leads to rapid development of adipose tissue in breeds with a low potential for muscle growth such as the Turopolje pig. Therefore, the meat of the Turopolje pig has an innately higher degree of fat accumulation, especially in the subcutaneous part and between the muscles, which is why, when consumed, the cooked meat has an elastic, juicy consistency, full of flavour and a specific aroma from the rendered fat of the meat.

Due to the outdoor breeding and the quality of the meat, most modern-day consumers, especially local ones, consider the meat of the Turopolje pig to be superior to and of greater market value than standard pork.

Reference to publication of the specification

https://poljoprivreda.gov.hr/UserDocsImages/dokumenti/hrana/proizvodi_u_postupku_zastite-zoi-zozp-zts/Specifikacija_Meso_turopoljske%20svinje.pdf

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

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| 7.6.2023 | EN | Official Journal of the European Union | C 199/21 |
| --- | --- | --- | --- |

7.6.2023

EN

Official Journal of the European Union

C 199/21

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

(2023/C 199/09)

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

SINGLE DOCUMENT

‘Allåkerbär från Norrland’

EU No: PDO-SE-02494 — 11.4.2019

PDO (X) PGI ( )

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

’Allåkerbär från Norrland'

2.   Member State or Third Country

Sweden

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

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

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

‘Allåkerbär från Norrland’ is the name given to Arctic raspberries (Rubus arcticus L. subsp. x stellarcticus G. Larsson) grown in open fields in the counties of Norrbotten and Västerbotten in Sweden. There are currently seven varieties of ‘allåkerbär’, four of which can be included in ‘Allåkerbär från Norrland’ – ‘Anna’, ‘Linda’, ‘Sofia’ and ‘Beata’. At least two varieties must always be included because different varieties are needed for the plants to produce fruit.

The shape of the berries resembles that of the raspberry, with multiple small drupelets making up a fruit 8-20 mm in size. The berries weigh up to 10 g each and range in colour from bright red to deep wine red. They usually ripen from mid-July to the end of August. The sugar content is in the range 3-10 % and consists mainly of sucrose, as well as glucose and fructose. The sugar content of the berries is increased by large amounts of daylight. The sugar reinforces the complex taste of the fruit. Acidity is 1-3 % and consists mainly of citric acid and malic acid. The product is presented fresh or frozen. The organoleptic characteristics of the frozen product are not impaired.

Allåkerbär belong to the Rubus genus, which also includes berries such as raspberries and blackberries. Even if there are similarities with these berries, the taste of the allåkerbär has a number of distinct characteristics. The taste of the fully ripe berries is complex, with notes of lingonberry, redcurrant, sherry, earth cellar, sea buckthorn and blackberry. It is a unique taste with a high flavour intensity. Because allåkerbär is self-sterile and a crop needs to include different varieties, the cross-fertilisation contributes to the complex taste. The geographical area with its long hours of daylight combined with a mild climate during the growing season allows the berries to ripen fully before harvest, while the local knowledge of the berries also means that they are harvested only once fully ripe.

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

—

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

‘Allåkerbär från Norrland’ must be grown, harvested, cleaned and processed within the geographical area.

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

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

Packages of ‘Allåkerbär från Norrland’ are labelled with a specific logo in order to ensure traceability.

4.   Concise definition of the geographical area

The geographical area in which ‘Allåkerbär från Norrland’ are produced covers the Swedish counties of Norrbotten (BD) and Västerbotten (AC).

5.   Link with the geographical area

The area comprises the northernmost parts of Sweden. The Arctic Circle intersects the area.

Table 1 presents climate data for the period 1991-2020 (Swedish Meteorological and Hydrological Institute, SMHI) for Boden, a town located roughly in the centre of the geographical area for ‘Allåkerbär från Norrland’.

Table 1

Climate data for Boden, 1991-2020. Monthly average

| | May | June | July | August |
| --- | --- | --- | --- | --- |
| Temperature (°C) | 7,7 | 13,4 | 16,3 | 14,2 |
| Precipitation (mm) | 40,9 | 60,4 | 70,0 | 68,2 |
| Global solar radiation (kWh/m2) | 155,9 | 169,9 | 162,4 | 118,6 |
| Daylight per day (h) | 19,12 | 23,19 | 20,44 | 16,38 |

May

June

July

August

Temperature (°C)

7,7

13,4

16,3

14,2

Precipitation (mm)

40,9

60,4

70,0

68,2

Global solar radiation (kWh/m2)

155,9

169,9

162,4

118,6

Daylight per day (h)

19,12

23,19

20,44

16,38

Summer usually starts between 26 May and 1 June. The first frost occurs around 1 September. The climate is characterised by abundant precipitation, mild temperatures, high solar radiation and an extremely high number of hours of daylight. The number of hours of daylight is a direct result of the northerly latitude. The area north of latitude 65,73 has midnight sun for part of the growing season. The mild temperatures at such a northerly latitude are unique to this area and a direct result of the Gulf Stream off the coast of Norway. This combination of long hours of daylight and yet mild temperatures creates good conditions for cultivation of high-quality berries. The amount of daylight increases the sugar content of the berries and they develop particularly fast. The sugar reinforces the complex taste of the fruit. The very cold winters in the area are also an important factor, reducing the pest pressure on the plants. Together this results in good conditions for the cultivation of ‘Allåkerbär från Norrland’.

The allåkerbär is a hybrid that resulted from deliberate selection work carried out in the 1950s and 1960s, primarily at the Öjebyn research station outside Piteå in the county of Norrbotten. The work that led to the development of the hybrid fruit began in the 1930s in Vilhelmina (located within the geographical area), where wild Nordic Arctic raspberries were cultivated. The allåkerbär was created in the 1960s through hybridisation of the wild Nordic Arctic raspberry (Rubus arcticus arcticus) and the Alaskan Arctic raspberry (Rubus arcticus stellatus) under the leadership of researcher Gunny Larsson. She presented her thesis on the subject in 1970 and then continued the practical work on the further development and commercialisation of the allåkerbär. The research station at Röbäcksdalen in Umeå, in the county of Västerbotten, also played an important role in the commercialisation of the berry. From the 1970s until the mid 2000s, additional research was carried out there focusing on the allåkerbär, in particular regarding harvesting and cleaning techniques, as well as diseases and their remedies. Nowadays, there are isolated plants in private gardens and other such sites in southern Sweden and also in other countries, but commercial cultivation of the fruit has so far been limited to the counties of Norrbotten and Västerbotten. The three holdings currently cultivating the berry for commercial purposes are located in the municipalities of Umeå (AC), Boden (BD) and Jokkmokk (BD).

The specific expertise built up over the years in the geographical area in relation to the cultivation, harvesting and preparation of the berry covers matters such as effective weed control – which is important for a competition-sensitive crop like the allåkerbär – disease control and optimal harvesting time. The latter is crucial as the aroma of the fruit is fully developed only once the individual drupelets have grown and become fully ripe and very succulent. The geographical area also enables this stage to be reached during the growing season. Optimising the harvesting time also means harvesting the allåkerbär in several stages precisely in order to maximise the aroma intensity of the berries.

The natural conditions in the geographical area enabled the development of the allåkerbär plant. They also create the low pest pressure necessary for cultivation and give the berries their particular sweetness. The predominance of coniferous trees, in particular spruce, in the geographical area also means large areas of land have a low pH, which is a requirement if the allåkerbär is to thrive.

Optimal natural conditions and expertise in allåkerbär cultivation are found in the geographical area, as well as a special culture surrounding the consumption of the berry. ‘Allåkerbär från Norrland’ are an indispensable feature of special occasions for many people in the geographical area, eaten either fresh or more often in the form of jam, which is served with waffles, vanilla ice cream or a small amount of whipped cream. There is no corresponding culture in other parts of Sweden.

Reference to publication of the specification

https://www.livsmedelsverket.se/globalassets/foretag-regler-kontroll/livsmedelsinformation-markning-halsopastaenden/skyddade-beteckningar/sub-ansokan-allakerbar-fran-norrland_230314.pdf

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

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