# Official Journal C 299/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 299 |
| | |
| English edition | Information and Notices | Volume 5122 November 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 299

English edition

Information and Notices

Volume 5122 November 2008

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Council |
| 2008/C 299/01 | Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council on the training of judges, prosecutors and judicial staff in the European Union | 1 |
| | RECOMMENDATIONS |
| | European Central Bank |
| 2008/C 299/02 | Recommendation of the European Central Bank of 17 November 2008 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg (ECB/2008/16) | 5 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Council

2008/C 299/01

Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council on the training of judges, prosecutors and judicial staff in the European Union

1

RECOMMENDATIONS

European Central Bank

2008/C 299/02

Recommendation of the European Central Bank of 17 November 2008 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg (ECB/2008/16)

5

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 299/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 6 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 299/03

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

1

6

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 299/04 | Euro exchange rates | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 299/04

Euro exchange rates

8

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2008/C 299/05 | Call for applications regarding Commission Decision of 14 July 2006 setting up a Standards Advice Review Group | 9 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2008/C 299/06 | Prior notification of a concentration (Case COMP/M.5341 — Allianz/Cominvest) (
  1
  ) | 11 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2008/C 299/05

Call for applications regarding Commission Decision of 14 July 2006 setting up a Standards Advice Review Group

9

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2008/C 299/06

Prior notification of a concentration (Case COMP/M.5341 — Allianz/Cominvest) (
  1
  )

1

11

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| 2008/C 299/07 | Note to the reader(see page 3 of the cover) | s3 |

2008/C 299/07

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

Note to the reader

s3

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Council

| 22.11.2008 | EN | Official Journal of the European Union | C 299/1 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 299/1

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Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council on the training of judges, prosecutors and judicial staff in the European Union

(2008/C 299/01)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL,

Whereas:

| (1) | National judges and prosecutors play a crucial role in guaranteeing the respect of the law of the European Union. Efficient interaction between national judges and the European Court of Justice in the framework of the procedure for obtaining a preliminary ruling from the European Court of Justice on the validity and/or interpretation of provisions of European law is of primary importance in order to ensure the coherence of the European legal order. In this context, particular attention is drawn to the existence of an urgent preliminary ruling procedure applicable to references concerning the area of freedom, security and justice. |
| --- | --- |

(1)

National judges and prosecutors play a crucial role in guaranteeing the respect of the law of the European Union. Efficient interaction between national judges and the European Court of Justice in the framework of the procedure for obtaining a preliminary ruling from the European Court of Justice on the validity and/or interpretation of provisions of European law is of primary importance in order to ensure the coherence of the European legal order. In this context, particular attention is drawn to the existence of an urgent preliminary ruling procedure applicable to references concerning the area of freedom, security and justice.

| (2) | The European Council, meeting in Tampere in October 1999, placed the creation of the area of freedom, security and justice at the top of the political agenda. With a view to achieving this aim, the European Council designated the principle of mutual recognition as the cornerstone of judicial cooperation in both civil and criminal matters within the European Union. |
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(2)

The European Council, meeting in Tampere in October 1999, placed the creation of the area of freedom, security and justice at the top of the political agenda. With a view to achieving this aim, the European Council designated the principle of mutual recognition as the cornerstone of judicial cooperation in both civil and criminal matters within the European Union.

| (3) | Courts, prosecution offices and other national competent authorities throughout the European Union can issue decisions in various stages of civil and criminal procedures. By virtue of the principle of mutual recognition, these decisions are recognized and enforced, in accordance with the applicable legislative act, in a Member State other than the one in which they were handed down. All judges and prosecutors in the European Union may thus be required to enforce decisions in civil and criminal matters handed down in another Member State. |
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(3)

Courts, prosecution offices and other national competent authorities throughout the European Union can issue decisions in various stages of civil and criminal procedures. By virtue of the principle of mutual recognition, these decisions are recognized and enforced, in accordance with the applicable legislative act, in a Member State other than the one in which they were handed down. All judges and prosecutors in the European Union may thus be required to enforce decisions in civil and criminal matters handed down in another Member State.

| (4) | In order to properly implement the principle of mutual recognition, the Member States and their judicial authorities need to have mutual trust in each other's legal systems. Moreover, the intensification of judicial cooperation, such as by direct contacts between judicial authorities, in particular through the European Judicial Networks and Eurojust, can only take place in an atmosphere of mutual trust and mutual understanding between judicial authorities. |
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(4)

In order to properly implement the principle of mutual recognition, the Member States and their judicial authorities need to have mutual trust in each other's legal systems. Moreover, the intensification of judicial cooperation, such as by direct contacts between judicial authorities, in particular through the European Judicial Networks and Eurojust, can only take place in an atmosphere of mutual trust and mutual understanding between judicial authorities.

| (5) | The Hague programme of 2004 (1) emphasised the need to strengthen mutual confidence by requiring an explicit effort to improve mutual understanding among judicial authorities and different legal systems, to promote exchange programs for these authorities and to systematically include a European Union component in their training. |
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(5)

The Hague programme of 2004 (1) emphasised the need to strengthen mutual confidence by requiring an explicit effort to improve mutual understanding among judicial authorities and different legal systems, to promote exchange programs for these authorities and to systematically include a European Union component in their training.

| (6) | The European Commission's communication of 29 June 2006 (2) on judicial training in the European Union stressed the need to develop judicial training in order to make effective and visible the progress achieved in establishing the area of freedom, security and justice. The communication stressed in particular the needs to improve practitioners' familiarity with legal instruments of the European Union, to improve mutual understanding of Member States' legal systems and to improve language training. While stressing that it is primarily up to the Member States to incorporate the European dimension fully into their national activities, the communication also underlined the need to develop a more fully integrated type of training, conceived and implemented at European level. |
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(6)

The European Commission's communication of 29 June 2006 (2) on judicial training in the European Union stressed the need to develop judicial training in order to make effective and visible the progress achieved in establishing the area of freedom, security and justice. The communication stressed in particular the needs to improve practitioners' familiarity with legal instruments of the European Union, to improve mutual understanding of Member States' legal systems and to improve language training. While stressing that it is primarily up to the Member States to incorporate the European dimension fully into their national activities, the communication also underlined the need to develop a more fully integrated type of training, conceived and implemented at European level.

| (7) | Mutual confidence and trust depends notably on the certainty that all judges, prosecutors and judicial staff (such as assistants, law-clerks and registrars) in the European Union receive suitable training. The training provided to judges, prosecutors and judicial staff is thus a vital tool for fostering mutual recognition. |
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(7)

Mutual confidence and trust depends notably on the certainty that all judges, prosecutors and judicial staff (such as assistants, law-clerks and registrars) in the European Union receive suitable training. The training provided to judges, prosecutors and judicial staff is thus a vital tool for fostering mutual recognition.

| (8) | Adequate judicial training requires in particular that all judges, prosecutors and judicial staff be provided with sufficient knowledge of European cooperation instruments and that they make full use of the European Union's primary and secondary law. Such training should cover all the aspects that are of relevance to the development of the internal market and of the area of freedom, security and justice. It should contribute to adequate knowledge of the law and legal systems of the other Member States of the European Union and promote relevant courses of comparative law. |
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(8)

Adequate judicial training requires in particular that all judges, prosecutors and judicial staff be provided with sufficient knowledge of European cooperation instruments and that they make full use of the European Union's primary and secondary law. Such training should cover all the aspects that are of relevance to the development of the internal market and of the area of freedom, security and justice. It should contribute to adequate knowledge of the law and legal systems of the other Member States of the European Union and promote relevant courses of comparative law.

| (9) | Following the entry into force of the Treaty on European Union, several European bodies, such as the Academy of European Law (Europäische Rechtsakademie) (ERA) and the European Centre for Judges and Lawyers at the European Institute of Public Administration (EIPA), have been organising training courses for legal professions and judicial staff, focusing mainly on primary and secondary European law. |
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(9)

Following the entry into force of the Treaty on European Union, several European bodies, such as the Academy of European Law (Europäische Rechtsakademie) (ERA) and the European Centre for Judges and Lawyers at the European Institute of Public Administration (EIPA), have been organising training courses for legal professions and judicial staff, focusing mainly on primary and secondary European law.

| (10) | The European Judicial Training Network (EJTN), which was founded in October 2000, is an association which comprises the Member States' institutions which are responsible for the training of judges and prosecutors. Its objective is to promote and organise European training programmes for judges and prosecutors of the Member States and their trainers. To that end, the EJTN organises the implementation of a catalogue containing cross-border training opportunities. The EJTN is also responsible for carrying out the implementation of an exchange programme for judicial authorities. |
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(10)

The European Judicial Training Network (EJTN), which was founded in October 2000, is an association which comprises the Member States' institutions which are responsible for the training of judges and prosecutors. Its objective is to promote and organise European training programmes for judges and prosecutors of the Member States and their trainers. To that end, the EJTN organises the implementation of a catalogue containing cross-border training opportunities. The EJTN is also responsible for carrying out the implementation of an exchange programme for judicial authorities.

| (11) | The Hague programme indicated that the EJTN should be supported by the Union. In its resolution of 24 September 2002 (3), the European Parliament underlined the importance of the EJTN. |
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(11)

The Hague programme indicated that the EJTN should be supported by the Union. In its resolution of 24 September 2002 (3), the European Parliament underlined the importance of the EJTN.

| (12) | Since 1996, financial programmes of the European Union have supported judicial training developed by national training institutions and by European bodies such as ERA, EIPA and EJTN. Council Decision 2007/126/JHA of 12 February 2007, establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme ‘Criminal Justice’ (4), established an operating grant for EJTN. ERA and EIPA are also regularly supported by the Community budget. Specific framework partnership agreements have been concluded between the European Commission and EIPA, ERA and EJTN. The latter is the privileged partner in implementing the judicial exchange programme, and its efficiency should be enhanced. |
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(12)

Since 1996, financial programmes of the European Union have supported judicial training developed by national training institutions and by European bodies such as ERA, EIPA and EJTN. Council Decision 2007/126/JHA of 12 February 2007, establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme ‘Criminal Justice’ (4), established an operating grant for EJTN. ERA and EIPA are also regularly supported by the Community budget. Specific framework partnership agreements have been concluded between the European Commission and EIPA, ERA and EJTN. The latter is the privileged partner in implementing the judicial exchange programme, and its efficiency should be enhanced.

| (13) | The national bodies which provide judicial training remain nevertheless the key vehicles for imparting a common foundation of both theory and practical applications as well as, in a broader sense, a common European judicial culture which, whilst based on unity through European law, at the same time recognises the diverse legal and judicial systems of the Member States. |
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(13)

The national bodies which provide judicial training remain nevertheless the key vehicles for imparting a common foundation of both theory and practical applications as well as, in a broader sense, a common European judicial culture which, whilst based on unity through European law, at the same time recognises the diverse legal and judicial systems of the Member States.

| (14) | In order to promote genuine mutual trust between judiciaries of the Member States, it is important to adopt a definition of training which is as broad as possible, with the aim of establishing a common European judicial culture. Based on common values and traditions, such a common European judicial culture should inter alia promote the capacity of judges, prosecutors and judicial staff to demonstrate openness towards the legal culture and traditions of other Member States and to address relevant issues of deontology. |
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(14)

In order to promote genuine mutual trust between judiciaries of the Member States, it is important to adopt a definition of training which is as broad as possible, with the aim of establishing a common European judicial culture. Based on common values and traditions, such a common European judicial culture should inter alia promote the capacity of judges, prosecutors and judicial staff to demonstrate openness towards the legal culture and traditions of other Member States and to address relevant issues of deontology.

| (15) | In its resolution of 9 July 2008 on the role of the national judge in the European judicial system (5), the European Parliament pointed to the insufficient knowledge by judges and prosecutors of European law due to the low number of them having received adequate training in this field. Also, mutual evaluation reports have demonstrated that judges, prosecutors and judicial staff in the Member States of the European Union are not always sufficiently familiar with European law and that, in general, they do not make sufficiently use of the European bodies which are available with a view to, notably, facilitating procedural matters, such as Eurojust and the European Judicial Networks. |
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(15)

In its resolution of 9 July 2008 on the role of the national judge in the European judicial system (5), the European Parliament pointed to the insufficient knowledge by judges and prosecutors of European law due to the low number of them having received adequate training in this field. Also, mutual evaluation reports have demonstrated that judges, prosecutors and judicial staff in the Member States of the European Union are not always sufficiently familiar with European law and that, in general, they do not make sufficiently use of the European bodies which are available with a view to, notably, facilitating procedural matters, such as Eurojust and the European Judicial Networks.

| (16) | The relevance of the further development of a European judicial culture has not yet sufficiently permeated judges, prosecutors and judicial staff in the Member States, and the sense of belonging and contributing to a common judicial area needs to be further enhanced. |
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(16)

The relevance of the further development of a European judicial culture has not yet sufficiently permeated judges, prosecutors and judicial staff in the Member States, and the sense of belonging and contributing to a common judicial area needs to be further enhanced.

| (17) | Training in official languages of the European Union, other than the mother tongue of the person concerned, is very important for judges, prosecutors and judicial staff, inter alia in order to enable and facilitate direct contacts between judicial authorities of different Member States, and in order to create an interest in and openness towards the legal culture and traditions of other Member States. Language training can also contribute to allowing judges, prosecutors and judicial staff to participate in exchange programmes, as well as in training activities which are held in other Member States. |
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(17)

Training in official languages of the European Union, other than the mother tongue of the person concerned, is very important for judges, prosecutors and judicial staff, inter alia in order to enable and facilitate direct contacts between judicial authorities of different Member States, and in order to create an interest in and openness towards the legal culture and traditions of other Member States. Language training can also contribute to allowing judges, prosecutors and judicial staff to participate in exchange programmes, as well as in training activities which are held in other Member States.

| (18) | It is essential that other legal professions, such as lawyers, receive adequate training in the field of European law. However, in the majority of Member States these professions are themselves responsible for organising their training. It seems therefore appropriate not to include them in the scope of this resolution. This should however not preclude that national authorities and the European Union support, also financially, the training of these other legal professions in the field of European law, it being understood that the independence of these legal professions should not be jeopardized. |
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(18)

It is essential that other legal professions, such as lawyers, receive adequate training in the field of European law. However, in the majority of Member States these professions are themselves responsible for organising their training. It seems therefore appropriate not to include them in the scope of this resolution. This should however not preclude that national authorities and the European Union support, also financially, the training of these other legal professions in the field of European law, it being understood that the independence of these legal professions should not be jeopardized.

| (19) | Judges and prosecutors fulfil separate tasks in the Member States. Therefore, nothing in this resolution obliges Member States to organise common training for judges and prosecutors. |
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(19)

Judges and prosecutors fulfil separate tasks in the Member States. Therefore, nothing in this resolution obliges Member States to organise common training for judges and prosecutors.

| (20) | This resolution should contain a review clause on the application of these guidelines. In the light of that review, appropriate measures should be taken in order to further improve the situation if and where necessary. |
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(20)

This resolution should contain a review clause on the application of these guidelines. In the light of that review, appropriate measures should be taken in order to further improve the situation if and where necessary.

| (21) | In view of the above, action should be taken as regards training for judges, prosecutors and judicial staff, |
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(21)

In view of the above, action should be taken as regards training for judges, prosecutors and judicial staff,

HEREBY ADOPT THE FOLLOWING RESOLUTION:

| 1. | When organising training for judges, prosecutors and judicial staff (such as assistants, law-clerks and registrars), without prejudice to judicial independence or different judicial organisations in the European Union, Member States should adhere to the guidelines set out below. |
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1.

When organising training for judges, prosecutors and judicial staff (such as assistants, law-clerks and registrars), without prejudice to judicial independence or different judicial organisations in the European Union, Member States should adhere to the guidelines set out below.

| 2. | These guidelines are designed to achieve the following general aims:






  (a) | to contribute to the development of a genuine European judicial culture, based on diversity of the legal and judicial systems of the Member States and unity through European law; |
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2.

These guidelines are designed to achieve the following general aims:

(a)

to contribute to the development of a genuine European judicial culture, based on diversity of the legal and judicial systems of the Member States and unity through European law;

| (b) | to improve the knowledge of the European Union's primary and secondary law among judges, prosecutors and judicial staff, including fostering the knowledge of the procedures before the European Court of Justice, in particular the procedure for obtaining a preliminary ruling on the validity and/or interpretation of provisions of European law; |
| --- | --- |

(b)

to improve the knowledge of the European Union's primary and secondary law among judges, prosecutors and judicial staff, including fostering the knowledge of the procedures before the European Court of Justice, in particular the procedure for obtaining a preliminary ruling on the validity and/or interpretation of provisions of European law;

| (c) | to promote, through appropriate training, the application of European law by judges, prosecutors and judicial staff, in a way which is in keeping with the fundamental rights and principles recognised in Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union; |
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(c)

to promote, through appropriate training, the application of European law by judges, prosecutors and judicial staff, in a way which is in keeping with the fundamental rights and principles recognised in Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union;

| (d) | to foster the knowledge of the legal systems and law of the other Member States, notably by promoting relevant courses of comparative law; |
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(d)

to foster the knowledge of the legal systems and law of the other Member States, notably by promoting relevant courses of comparative law;

| (e) | to enhance the language skills of judges, prosecutors and judicial staff throughout the European Union; |
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(e)

to enhance the language skills of judges, prosecutors and judicial staff throughout the European Union;

| (f) | to foster a shared awareness of issues that are common to the judges, prosecutors and judicial staff; |
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(f)

to foster a shared awareness of issues that are common to the judges, prosecutors and judicial staff;

| (g) | to promote a sharing of ideas on the development of the area of freedom, security and justice and its implications for the proper operation of justice. |
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(g)

to promote a sharing of ideas on the development of the area of freedom, security and justice and its implications for the proper operation of justice.

| 3. | The Member States should take all practicable steps to ensure that their national bodies responsible for training the judges, prosecutors and judicial staff, building upon their existing efforts,






  (a) | disseminate information on the legal systems and law of other Member States of the European Union, such as by setting up courses on comparative law; |
| --- | --- | --- |

3.

The Member States should take all practicable steps to ensure that their national bodies responsible for training the judges, prosecutors and judicial staff, building upon their existing efforts,

(a)

disseminate information on the legal systems and law of other Member States of the European Union, such as by setting up courses on comparative law;

| (b) | increase opening up their national training courses to judges, prosecutors and judicial staff from other Member States; |
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(b)

increase opening up their national training courses to judges, prosecutors and judicial staff from other Member States;

| (c) | develop and stimulate direct exchanges between judges, prosecutors and members of judicial staff of different Member States, including by playing an active part in the Judicial Exchange Programme (6), by promoting ‘twinnings’ and by any other appropriate means; |
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(c)

develop and stimulate direct exchanges between judges, prosecutors and members of judicial staff of different Member States, including by playing an active part in the Judicial Exchange Programme (6), by promoting ‘twinnings’ and by any other appropriate means;

| (d) | effectively develop, by all suitable means, the European Judicial Training Network (EJTN) and take an active part in its activities. |
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(d)

effectively develop, by all suitable means, the European Judicial Training Network (EJTN) and take an active part in its activities.

| 4. | In order to achieve the general aims described above, the Member States should encourage and, where appropriate, develop new concrete action designed to:






  (a) | highlight the European dimension of the judicial functions, by:






  (a) | incorporating training on European law into their initial national training program, if one exists, and into their continuous training program and curricula, duly taking into account in this regard the guidelines to be laid down in this respect by the EJTN, making full use of the experience of existing training institutions; |
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4.

In order to achieve the general aims described above, the Member States should encourage and, where appropriate, develop new concrete action designed to:

(a)

highlight the European dimension of the judicial functions, by:

(a)

incorporating training on European law into their initial national training program, if one exists, and into their continuous training program and curricula, duly taking into account in this regard the guidelines to be laid down in this respect by the EJTN, making full use of the experience of existing training institutions;

| (b) | extending the programme of exchanges referred to in point 3(c) to judicial staff, as appropriate; |
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(b)

extending the programme of exchanges referred to in point 3(c) to judicial staff, as appropriate;

| (c) | promoting, among judges, prosecutors and judicial staff, the knowledge of at least one other official language of the European Union, in particular through training programs, and favouring such knowledge if and when appropriate, taking into account the specificities of the legal and judicial system of the Member State concerned, e.g. on recruitment of judges, prosecutors and judicial staff and during evaluation moments; |
| --- | --- |

(c)

promoting, among judges, prosecutors and judicial staff, the knowledge of at least one other official language of the European Union, in particular through training programs, and favouring such knowledge if and when appropriate, taking into account the specificities of the legal and judicial system of the Member State concerned, e.g. on recruitment of judges, prosecutors and judicial staff and during evaluation moments;

| (d) | fostering the knowledge of the legal systems and law of other Member States; |
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(d)

fostering the knowledge of the legal systems and law of other Member States;

| (e) | supporting the learning of European e-justice tools; |
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(e)

supporting the learning of European e-justice tools;

| (f) | encourage e-learning and use modern techniques. |
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(f)

encourage e-learning and use modern techniques.

| (b) | adopt common European training programmes, the content of which should be determined by the EJTN, and the implementation of which should be assured by the EJTN and/or its members, such as:






  (a) | one or more common training modules; |
| --- | --- | --- |

(b)

adopt common European training programmes, the content of which should be determined by the EJTN, and the implementation of which should be assured by the EJTN and/or its members, such as:

(a)

one or more common training modules;

| (b) | a common training programme designed for specific categories of relevant professionals, such as high-level judicial staff, specialised judges or prosecutors, and trainers; |
| --- | --- |

(b)

a common training programme designed for specific categories of relevant professionals, such as high-level judicial staff, specialised judges or prosecutors, and trainers;

| (c) | a common training programme of a short duration which will bring together judges, prosecutors and members of judicial staff of various Member States (‘European classes’), the organisation of which should initially be attributed to national training bodies. |
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(c)

a common training programme of a short duration which will bring together judges, prosecutors and members of judicial staff of various Member States (‘European classes’), the organisation of which should initially be attributed to national training bodies.

| 5. | The EJTN and its members should play an important role in the practical implementation of these guidelines. To that end, appropriate measures should be taken to strengthen the EJTN. |
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5.

The EJTN and its members should play an important role in the practical implementation of these guidelines. To that end, appropriate measures should be taken to strengthen the EJTN.

| 6. | With a view to achieving the above objectives, Member States are invited to take the necessary measures in order to allow the members of the EJTN to increase the amount of their respective financial contributions to the EJTN and thus ensure sustainability of its functioning. |
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6.

With a view to achieving the above objectives, Member States are invited to take the necessary measures in order to allow the members of the EJTN to increase the amount of their respective financial contributions to the EJTN and thus ensure sustainability of its functioning.

| 7. | The Commission and the Member States are invited to consider the possibility of revising the administrative procedures for allocating Community funds to training projects for judges, prosecutors and judicial staff, notably those organised by bodies with which the Commission has concluded framework partnerships, in particular ERA, EIPA and EJTN, with a view to further simplifying these procedures and allowing available funds to be allocated within shorter timeframes. |
| --- | --- |

7.

The Commission and the Member States are invited to consider the possibility of revising the administrative procedures for allocating Community funds to training projects for judges, prosecutors and judicial staff, notably those organised by bodies with which the Commission has concluded framework partnerships, in particular ERA, EIPA and EJTN, with a view to further simplifying these procedures and allowing available funds to be allocated within shorter timeframes.

| 8. | The Member States and the Commission are invited to ensure the rapid implementation of this Resolution. To that end, the Presidency and the Commission are further invited to make the necessary contacts with the European training bodies. |
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8.

The Member States and the Commission are invited to ensure the rapid implementation of this Resolution. To that end, the Presidency and the Commission are further invited to make the necessary contacts with the European training bodies.

| 9. | The Council shall review the application of these guidelines at the latest four years after their adoption, on the basis of a report presented by the Commission. In view of the results of such revision, appropriate measures should be taken in order to further improve the situation if and where necessary. |
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9.

The Council shall review the application of these guidelines at the latest four years after their adoption, on the basis of a report presented by the Commission. In view of the results of such revision, appropriate measures should be taken in order to further improve the situation if and where necessary.

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(1)  OJ C 53, 3.3.2005, p. 1.

(2)  COM(2006) 356 final.

(3)  OJ C 273 E, 14.11.2003, p. 99.

(4)  OJ L 58, 24.2.2007, p. 13.

(5)  Not yet published in the Official Journal.

(6)  Judicial Exchange Programme based on Article 49(2) of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 applicable to the Financial Regulation on the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

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RECOMMENDATIONS

European Central Bank

| 22.11.2008 | EN | Official Journal of the European Union | C 299/5 |
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22.11.2008

EN

Official Journal of the European Union

C 299/5

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RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 17 November 2008

to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg

(ECB/2008/16)

(2008/C 299/02)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

| (1) | The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union.

| (2) | The mandate of the Banque centrale du Luxembourg's current external auditor will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009. |
| --- | --- |

(2)

The mandate of the Banque centrale du Luxembourg's current external auditor will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009.

| (3) | The Banque centrale du Luxembourg has selected KPMG AUDIT SARL as its external auditors for the financial years 2009 to 2013, |
| --- | --- |

(3)

The Banque centrale du Luxembourg has selected KPMG AUDIT SARL as its external auditors for the financial years 2009 to 2013,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that KPMG AUDIT SARL should be appointed as the external auditors of the Banque centrale du Luxembourg for the financial years 2009 to 2013.

Done at Frankfurt am Main, 17 November 2008.

The President of the ECB

Jean-Claude TRICHET

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 22.11.2008 | EN | Official Journal of the European Union | C 299/6 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 299/6

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 299/03)

| Date of adoption of the decision | 17.6.2008 |
| --- | --- |
| Reference number of the aid | N 597/07 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Soutien de l'Agence de l'innovation industrielle en faveur du programme LOwCO2MOTION |
| Legal basis | N 121/06 |
| Type of measure | Individual aid |
| Objective | Research and development, Environmental protection |
| Form of aid | Direct grant, Reimbursable grant |
| Budget | Overall budget: EUR 61,486 million |
| Intensity | 50 % |
| Duration | Until 31.12.2011 |
| Economic sectors | Motor vehicles |
| Name and address of the granting authority | Agence de l'innovation industrielle |
| 195, bd Saint Germain |
| F-75007 Paris |

Date of adoption of the decision

17.6.2008

Reference number of the aid

N 597/07

Member State

France

Region

—

Title (and/or name of the beneficiary)

Soutien de l'Agence de l'innovation industrielle en faveur du programme LOwCO2MOTION

Legal basis

N 121/06

Type of measure

Individual aid

Objective

Research and development, Environmental protection

Form of aid

Direct grant, Reimbursable grant

Budget

Overall budget: EUR 61,486 million

Intensity

50 %

Duration

Until 31.12.2011

Economic sectors

Motor vehicles

Name and address of the granting authority

Agence de l'innovation industrielle

195, bd Saint Germain

F-75007 Paris

Other information

—

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

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

| Date of adoption of the decision | 8.9.2008 |
| --- | --- |
| Reference number of the aid | N 191/08 |
| Member State | Germany |
| Region | Sachsen-Anhalt |
| Title (and/or name of the beneficiary) | f|glass GmbH |
| Legal basis | § 1 Investitionszulagengesetz 2007 vom 15. Juli 2006; § 4 des Gesetzes über die Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ vom 6. Oktober 1969 (BGBl. I S. 1861), zuletzt geändert durch Artikel 137 der Verordnung vom 31. Oktober 2006, in Verbindung mit dem 36. Rahmenplan der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ (GA) für den Zeitraum 2007-2010; Haushaltsordnung des Landes Sachsen-Anhalt vom 30. April 1991 (GVBl. LSA S. 35), zuletzt geändert durch Artikel 2 des Gesetzes vom 28. April 2004 (GVBl. LSA S. 246) in Verbindung mit der Richtlinie über die Gewährung von Zuwendungen aus Mitteln der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstrukturen“ |
| Type of measure | Individual aid |
| Objective | Regional development |
| Form of aid | Direct grant, Tax allowance |
| Budget | Overall budget: EUR 31,52 million |
| Intensity | 16,29 % |
| Duration | 2007-2010 |
| Economic sectors | Manufacturing industry |
| Name and address of the granting authority | Investitionsbank des Landes Sachsen-Anhalt |
| Domplatz 12 |
| D-39104 Magdeburg |

Date of adoption of the decision

8.9.2008

Reference number of the aid

N 191/08

Member State

Germany

Region

Sachsen-Anhalt

Title (and/or name of the beneficiary)

f|glass GmbH

Legal basis

§ 1 Investitionszulagengesetz 2007 vom 15. Juli 2006; § 4 des Gesetzes über die Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ vom 6. Oktober 1969 (BGBl. I S. 1861), zuletzt geändert durch Artikel 137 der Verordnung vom 31. Oktober 2006, in Verbindung mit dem 36. Rahmenplan der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ (GA) für den Zeitraum 2007-2010; Haushaltsordnung des Landes Sachsen-Anhalt vom 30. April 1991 (GVBl. LSA S. 35), zuletzt geändert durch Artikel 2 des Gesetzes vom 28. April 2004 (GVBl. LSA S. 246) in Verbindung mit der Richtlinie über die Gewährung von Zuwendungen aus Mitteln der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstrukturen“

Type of measure

Individual aid

Objective

Regional development

Form of aid

Direct grant, Tax allowance

Budget

Overall budget: EUR 31,52 million

Intensity

16,29 %

Duration

2007-2010

Economic sectors

Manufacturing industry

Name and address of the granting authority

Investitionsbank des Landes Sachsen-Anhalt

Domplatz 12

D-39104 Magdeburg

| Finanzamt Magdeburg II |
| --- |
| Tessenowstraße 6 |
| D-39104 Magdeburg |

Finanzamt Magdeburg II

Tessenowstraße 6

D-39104 Magdeburg

Other information

—

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

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 22.11.2008 | EN | Official Journal of the European Union | C 299/8 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 299/8

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Euro exchange rates (1)

21 November 2008

(2008/C 299/04)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2602 |
| JPY | Japanese yen | 119,3 |
| DKK | Danish krone | 7,4537 |
| GBP | Pound sterling | 0,841 |
| SEK | Swedish krona | 10,371 |
| CHF | Swiss franc | 1,5369 |
| ISK | Iceland króna | 245 |
| NOK | Norwegian krone | 8,927 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,7 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 266,78 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 3,8375 |
| RON | Romanian leu | 3,8035 |
| SKK | Slovak koruna | 30,404 |
| TRY | Turkish lira | 2,118 |
| AUD | Australian dollar | 2,0278 |
| CAD | Canadian dollar | 1,6151 |
| HKD | Hong Kong dollar | 9,768 |
| NZD | New Zealand dollar | 2,3854 |
| SGD | Singapore dollar | 1,9277 |
| KRW | South Korean won | 1 890,3 |
| ZAR | South African rand | 13,1848 |
| CNY | Chinese yuan renminbi | 8,6086 |
| HRK | Croatian kuna | 7,1317 |
| IDR | Indonesian rupiah | 15 626,48 |
| MYR | Malaysian ringgit | 4,5651 |
| PHP | Philippine peso | 62,83 |
| RUB | Russian rouble | 34,6421 |
| THB | Thai baht | 44,403 |
| BRL | Brazilian real | 3,0627 |
| MXN | Mexican peso | 17,6428 |

Currency

Exchange rate

USD

US dollar

1,2602

JPY

Japanese yen

119,3

DKK

Danish krone

7,4537

GBP

Pound sterling

0,841

SEK

Swedish krona

10,371

CHF

Swiss franc

1,5369

ISK

Iceland króna

245

NOK

Norwegian krone

8,927

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,7

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

266,78

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

3,8375

RON

Romanian leu

3,8035

SKK

Slovak koruna

30,404

TRY

Turkish lira

2,118

AUD

Australian dollar

2,0278

CAD

Canadian dollar

1,6151

HKD

Hong Kong dollar

9,768

NZD

New Zealand dollar

2,3854

SGD

Singapore dollar

1,9277

KRW

South Korean won

1 890,3

ZAR

South African rand

13,1848

CNY

Chinese yuan renminbi

8,6086

HRK

Croatian kuna

7,1317

IDR

Indonesian rupiah

15 626,48

MYR

Malaysian ringgit

4,5651

PHP

Philippine peso

62,83

RUB

Russian rouble

34,6421

THB

Thai baht

44,403

BRL

Brazilian real

3,0627

MXN

Mexican peso

17,6428

---

(1)

Source: reference exchange rate published by the ECB.

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V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 22.11.2008 | EN | Official Journal of the European Union | C 299/9 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 299/9

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Call for applications regarding Commission Decision of 14 July 2006 setting up a Standards Advice Review Group

(2008/C 299/05)

By decision of 14 July 2006 (1), the Commission has set up a group of experts in accounting, called the Standards Advice Review Group. The task of the group is to advise the Commission in the endorsement process of International Financial Reporting Standards (IFRS) and International Financial Reporting Committee Interpretations (IFRICs). It assesses whether EFRAG's opinions on endorsement of IFRS and IFRICs are well-balanced and objective. The Group is composed of maximum seven members appointed by the Commission from independent experts in accounting area and high level representatives from National Standard Setters. Members of the Group are appointed for a 3-year renewable term of office. However, in order to enable an orderly rotation of Group membership, the Group may also decide on partial replacement of the members in groups of 2 or 3. The Group has decided to replace 3 Members in 2009.

The Commission is therefore calling for applications with a view to listing candidates to form the group of experts. Apart from applications received as a result of this call, the Commission may also take into consideration applications received from other sources, from trade, business or professional associations or Member States.

The Commission will take the following criteria into account when assessing applications:

| — | proven competence and technical experience, including at European and/or international level, in the accounting area, in particular in financial reporting, |
| --- | --- |

—

proven competence and technical experience, including at European and/or international level, in the accounting area, in particular in financial reporting,

| — | independence (i.e. a person not directly involved with a private entity, organisation, association or other entity using, advising on, auditing IFRS financial statements or representing the interests of users and preparers), |
| --- | --- |

—

independence (i.e. a person not directly involved with a private entity, organisation, association or other entity using, advising on, auditing IFRS financial statements or representing the interests of users and preparers),

| — | the need for balanced composition in terms of geographical origin, gender (2), the functions and size of entities concerned. |
| --- | --- |

—

the need for balanced composition in terms of geographical origin, gender (2), the functions and size of entities concerned.

The signed application must be sent in by 15 January 2009 at the latest. After this date, the Commission will appoint the Members of the Standards Advice Review Group and will make any substitution of members necessary for the Group to function effectively. Any application submitted after the deadline will be considered by the Commission in case of substitution or replacement.

Applications should be:

| — | sent by registered letter or by private courier to the following address:





  European Commission |
| --- | --- |
| Directorate-General Internal Market |
| Attention of Mr Pierre Delsaux |
| Rue de Spa 2, 03/205 |
| B-1049 Brussels |

—

sent by registered letter or by private courier to the following address:

European Commission

Directorate-General Internal Market

Attention of Mr Pierre Delsaux

Rue de Spa 2, 03/205

B-1049 Brussels

| — | or delivered by hand, in return for a receipt, to:





  European Commission |
| --- | --- |
| Directorate-General Internal Market |
| Attention of Mr Pierre Delsaux |
| Rue de Spa 2, 03/205 |
| B-1049 Brussels |

—

or delivered by hand, in return for a receipt, to:

European Commission

Directorate-General Internal Market

Attention of Mr Pierre Delsaux

Rue de Spa 2, 03/205

B-1049 Brussels

| — | or by e-mail to:
  MARKT-F3@ec.europa.eu
  with: ‘Standards Advice Review Group’ in the subject field. |
| --- | --- |

—

or by e-mail to:

MARKT-F3@ec.europa.eu

with: ‘Standards Advice Review Group’ in the subject field.

Each application must be completed in one of the official languages of the European Union, clearly indicating the applicant's nationality and including the necessary documentation. All applications should contain all details useful for their assessment; this may include a curriculum vitae documenting the professional experience and level of expertise of the applicant and a short letter explaining the reasons for applying. Applications may be sent either by the applicant, or by the organisation proposing the applicant. The following information should also be included:

| — | For which authority/organisation has the applicant been working? How long? |
| --- | --- |

—

For which authority/organisation has the applicant been working? How long?

| — | Has he/she been working for other authorities/organisations in the past? |
| --- | --- |

—

Has he/she been working for other authorities/organisations in the past?

| — | What are his/her specific competences? |
| --- | --- |

—

What are his/her specific competences?

| — | In which specific projects and or tasks has he/she been involved? |
| --- | --- |

—

In which specific projects and or tasks has he/she been involved?

| — | Has he/she published any works on the accounting issues, in particular in financial reporting issues? |
| --- | --- |

—

Has he/she published any works on the accounting issues, in particular in financial reporting issues?

| — | Has he/she acquired experience at EU and international level? |
| --- | --- |

—

Has he/she acquired experience at EU and international level?

| — | Has the candidate any interests which may prejudice his or her independence? |
| --- | --- |

—

Has the candidate any interests which may prejudice his or her independence?

The persons selected shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence. The Members shall not participate in the work of EFRAG either before the appointment to the Group or during their term of office. Members will be appointed for a 3-year renewable term. Members shall respect the conditions of confidentiality mentioned in Article 4(8) of the Commission Decision establishing the Group.

National Standard Setters, trade and professional associations, industrial associations or any other organisations concerned are asked to inform anyone meeting the requirements of the existence of this call for applications. Applications made by such associations, organisations or institutions will be accepted if the person proposed has agreed to the application.

The Commission will reimburse travel and subsistence expenses in connection with the activities of this Group in accordance with the provisions in force at the Commission. Members will receive no remuneration for their duties.

The list of members of the Group will be published on the Internet site of the DG Internal Market and Services and in the Official Journal of the European Union. The members' names will be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 (3).

For any further information please contact Mr Pierre DELSAUX (tel. (32-2) 296 54 72, e-mail: pierre.delsaux@ec.europa.eu), Mr Jeroen HOOIJER (tel. (32-2) 295 58 85, e-mail: jeroen.hooijer@ec.europa.eu).

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(1)  Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG's) opinions (OJ L 199, 21.7.2006, p. 33).

(2)  Commission Decision of 19 June 2000 relating to gender balance within the committees and expert groups established by it (OJ L 154, 27.6.2000, p. 34).

(3)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 22.11.2008 | EN | Official Journal of the European Union | C 299/11 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 299/11

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Prior notification of a concentration

(Case COMP/M.5341 — Allianz/Cominvest)

(Text with EEA relevance)

(2008/C 299/06)

| 1. | On 13 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Allianz SE acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the investment management of Commerzbank AG, the Cominvest Gruppe — with exception of the business concerning open property fundsclosed funds and socalled, Exchange Traded Funds (EFT) — from Commerzbank, by way of purchase of shares. |
| --- | --- |

1.

On 13 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Allianz SE acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the investment management of Commerzbank AG, the Cominvest Gruppe — with exception of the business concerning open property fundsclosed funds and socalled, Exchange Traded Funds (EFT) — from Commerzbank, by way of purchase of shares.

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






  — | for Allianz: is a wordwide operation financial services company, with its primary business in the area of insurances, investment management and banking, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Allianz: is a wordwide operation financial services company, with its primary business in the area of insurances, investment management and banking,

| — | for Cominvest Gruppe: is only active in investment management. |
| --- | --- |

—

for Cominvest Gruppe: is only active in investment management.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5341 — Allianz/Cominvest, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5341 — Allianz/Cominvest, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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

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22.11.2008

| 22.11.2008 | EN | Official Journal of the European Union | C 299/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 299/s3

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NOTE TO THE READER

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

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

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