# Official Journal C 233/2008

| | ISSN 1725-2423 |
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| Official Journal
  of the European Union | C 233 |
| | |
| English edition | Information and Notices | Volume 5111 September 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 233

English edition

Information and Notices

Volume 5111 September 2008

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Data Protection Supervisor |
| 2008/C 233/01 | Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on a code of conduct for computerised reservation systems | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

2008/C 233/01

Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on a code of conduct for computerised reservation systems

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 233/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 6 |
| 2008/C 233/03 | Non-opposition to a notified concentration (Case COMP/M.5230 — CapMan/Litorina/Cederroth) (
  1
  ) | 7 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 233/02

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

6

2008/C 233/03

Non-opposition to a notified concentration (Case COMP/M.5230 — CapMan/Litorina/Cederroth) (
  1
  )

1

7

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 233/04 | Euro exchange rates | 8 |
| | NOTICES FROM MEMBER STATES |
| 2008/C 233/05 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (
  1
  ) | 9 |
| 2008/C 233/06 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (
  1
  ) | 12 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 233/04

Euro exchange rates

8

NOTICES FROM MEMBER STATES

2008/C 233/05

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (
  1
  )

1

9

2008/C 233/06

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (
  1
  )

1

12

| | V   Announcements |
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| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2008/C 233/07 | MEDIA 2007 — Call for proposals — EACEA/18/08 — Measures to support promotion and market access: audiovisual festivals | 14 |
| | OTHER ACTS |
| | Commission |
| 2008/C 233/08 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 16 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2008/C 233/07

MEDIA 2007 — Call for proposals — EACEA/18/08 — Measures to support promotion and market access: audiovisual festivals

14

OTHER ACTS

Commission

2008/C 233/08

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

16

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| 2008/C 233/09 | Note to the reader(see page 3 of the cover) | s3 |

2008/C 233/09

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

Note to the reader

s3

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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I Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

| 11.9.2008 | EN | Official Journal of the European Union | C 233/1 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/1

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Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on a code of conduct for computerised reservation systems

(2008/C 233/01)

THE EUROPEAN DATA PROTECTION SUPERVISOR,

Having regard to the Treaty establishing the European Community, and in particular its Article 286,

Having regard to the Charter of Fundamental Rights of the European Union, and in particular its Article 8,

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

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

Having regard to the request for an opinion in accordance with Article 28(2) of Regulation (EC) No 45/2001 received on 20 November 2007 from the European Commission,

HAS ADOPTED THE FOLLOWING OPINION:

I.   INTRODUCTION

Consultation of the EDPS

| 1. | The Proposal for a Regulation on a code of conduct for computerised reservation systems was sent by the Commission to the EDPS for consultation, in accordance with Article 28(2) of Regulation (EC) No 45/2001 (hereinafter ‘the proposal’). |
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1.

The Proposal for a Regulation on a code of conduct for computerised reservation systems was sent by the Commission to the EDPS for consultation, in accordance with Article 28(2) of Regulation (EC) No 45/2001 (hereinafter ‘the proposal’).

| 2. | The proposal concerns the processing of passenger data by computerised reservation systems (hereafter CRSs) and is closely related to other schemes of collection and use of passenger data, within the EU or in relation with third countries. These schemes present a high interest for the EDPS, who welcomes the consultation of the Commission. |
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2.

The proposal concerns the processing of passenger data by computerised reservation systems (hereafter CRSs) and is closely related to other schemes of collection and use of passenger data, within the EU or in relation with third countries. These schemes present a high interest for the EDPS, who welcomes the consultation of the Commission.

The proposal in its context

| 3. | The objective of the proposal is to update the provisions of the code of conduct for Computerized Reservation Systems that was established in 1989 by Council Regulation (EEC) No 2299/89. The code appears to be increasingly ill-adapted to the new market conditions, and would need simplification in order to reinforce competition — while maintaining basic safeguards, and ensuring the provision of neutral information to consumers. |
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3.

The objective of the proposal is to update the provisions of the code of conduct for Computerized Reservation Systems that was established in 1989 by Council Regulation (EEC) No 2299/89. The code appears to be increasingly ill-adapted to the new market conditions, and would need simplification in order to reinforce competition — while maintaining basic safeguards, and ensuring the provision of neutral information to consumers.

| 4. | The main focus of the proposal is not on protection of personal data. However, considering that CRSs do process a vast amount of personal data, a specific Article on data protection has been developed in the proposal, with a view to complementing the provisions of Directive 95/46/EC which continues to apply as a lex generalis. |
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4.

The main focus of the proposal is not on protection of personal data. However, considering that CRSs do process a vast amount of personal data, a specific Article on data protection has been developed in the proposal, with a view to complementing the provisions of Directive 95/46/EC which continues to apply as a lex generalis.

| 5. | Other provisions in the proposal also have an impact on data protection, even if their main objective is to ensure equal information to all actors involved in a fair competition perspective: the protection of the identity of subscribers, being natural persons or undertakings, is also welcome in terms of privacy protection. |
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5.

Other provisions in the proposal also have an impact on data protection, even if their main objective is to ensure equal information to all actors involved in a fair competition perspective: the protection of the identity of subscribers, being natural persons or undertakings, is also welcome in terms of privacy protection.

| 6. | The EDPS notes that the proposal only addresses the activities of CRSs in their quality of interface between airlines and travel agents. It does not cover the provision of other IT services like the hosting of the reservation system of airlines. Personal data processed in this distinct context will therefore not benefit from some safeguards provided for in the code of conduct. They will nevertheless be covered by the general data protection regime of Directive 95/46/EC. |
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6.

The EDPS notes that the proposal only addresses the activities of CRSs in their quality of interface between airlines and travel agents. It does not cover the provision of other IT services like the hosting of the reservation system of airlines. Personal data processed in this distinct context will therefore not benefit from some safeguards provided for in the code of conduct. They will nevertheless be covered by the general data protection regime of Directive 95/46/EC.

Focus of the opinion

| 7. | The opinion of the EDPS will start with the scope and conditions of application of the proposal in relation with the application of Directive 95/46/EC. It will then focus on substance, with the analysis of the Articles of the proposal related to data protection issues. Positive aspects are identified, and possible improvements also suggested. Specific attention will be given to the conditions of enforcement of these provisions. |
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7.

The opinion of the EDPS will start with the scope and conditions of application of the proposal in relation with the application of Directive 95/46/EC. It will then focus on substance, with the analysis of the Articles of the proposal related to data protection issues. Positive aspects are identified, and possible improvements also suggested. Specific attention will be given to the conditions of enforcement of these provisions.

| 8. | As a last point, the opinion will extend beyond the concrete provisions of the proposal, and address some wider implications of the processing of passenger data by CRSs, be it in their capacity of interface for travel agencies or as IT service providers. Access by third countries to passenger data held by CRSs will be subject to a specific analysis. |
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8.

As a last point, the opinion will extend beyond the concrete provisions of the proposal, and address some wider implications of the processing of passenger data by CRSs, be it in their capacity of interface for travel agencies or as IT service providers. Access by third countries to passenger data held by CRSs will be subject to a specific analysis.

II.   SCOPE AND CONDITIONS OF APPLICATION

| 9. | The proposal includes detailed provisions on the protection of personal data. These provisions ‘particularise and complement’ those of Directive 95/46/EC, and are without prejudice to the provisions of the said Directive (1). This explicit relationship between the two instruments is a positive element. |
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9.

The proposal includes detailed provisions on the protection of personal data. These provisions ‘particularise and complement’ those of Directive 95/46/EC, and are without prejudice to the provisions of the said Directive (1). This explicit relationship between the two instruments is a positive element.

| 10. | However, the EDPS notes that the scope of application of the code of conduct is not identical to the scope of Directive 95/46/EC. Indeed, the determining criterion for application of the code of conduct is the use or offering for use of the system in the territory of the EU (2). The provisions of the Directive apply when the controller is established in a Member State, or when the controller is established outside the EU but makes use of equipment situated in the EU (3). |
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10.

However, the EDPS notes that the scope of application of the code of conduct is not identical to the scope of Directive 95/46/EC. Indeed, the determining criterion for application of the code of conduct is the use or offering for use of the system in the territory of the EU (2). The provisions of the Directive apply when the controller is established in a Member State, or when the controller is established outside the EU but makes use of equipment situated in the EU (3).

| 11. | Different scenarios could therefore be envisaged with regard to the application of the code of conduct and the Directive:






  — | when the CRS is established in the EU, both the code of conduct and the Directive will apply as the criteria of these two texts are fulfilled, |
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11.

Different scenarios could therefore be envisaged with regard to the application of the code of conduct and the Directive:

—

when the CRS is established in the EU, both the code of conduct and the Directive will apply as the criteria of these two texts are fulfilled,

| — | when the CRS is established outside the EU, the offering of services in the EU, and the use of equipment in the EU will determine the application of both legal instruments. |
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—

when the CRS is established outside the EU, the offering of services in the EU, and the use of equipment in the EU will determine the application of both legal instruments.

Although the criteria for application of the code of conduct and the Directive are different, in practice they should result in the combined application of the two instruments: offering of CRS services in the EU will trigger the application of the code of conduct, and this offering of services will in practice take place through the use of (computer) equipment situated in the EU, which will also have as a consequence the application of the Directive.

| 12. | Another consequence of the broad scope of application of the code of conduct and the Directive is their impact on airlines, which can be established inside or outside the EU. Airlines established outside the EU are in principle not subject to European data protection principles, except if they make use of equipment situated in the EU to process personal data (application of the Directive). This would be the case e.g. if they make use of a CRS established in the EU in its quality of ‘host’ for a reservation service. It should be noted as well that data related to airline flights will be subject to EU legislation as soon as they are processed by a CRS established in the EU — or offering services within the EU (application of the code of conduct). |
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12.

Another consequence of the broad scope of application of the code of conduct and the Directive is their impact on airlines, which can be established inside or outside the EU. Airlines established outside the EU are in principle not subject to European data protection principles, except if they make use of equipment situated in the EU to process personal data (application of the Directive). This would be the case e.g. if they make use of a CRS established in the EU in its quality of ‘host’ for a reservation service. It should be noted as well that data related to airline flights will be subject to EU legislation as soon as they are processed by a CRS established in the EU — or offering services within the EU (application of the code of conduct).

III.   ANALYSIS OF THE PROPOSAL

Basic data protection principles

| 13. | Article 11 of the proposal provides for a list of guarantees relating to the processing of personal data, including purpose limitation, necessity of the data, specific protection of sensitive data, limited storage, information and access rights of the data subjects. |
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13.

Article 11 of the proposal provides for a list of guarantees relating to the processing of personal data, including purpose limitation, necessity of the data, specific protection of sensitive data, limited storage, information and access rights of the data subjects.

| 14. | Article 11 also gives a welcome precision on the quality of CRSs, which are to be considered as data controllers with regard to the making of reservations or issuing of tickets for transport products. Data subjects will therefore be able to exercise their rights not only towards travel agents or air carriers, but also towards CRSs, where appropriate. |
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14.

Article 11 also gives a welcome precision on the quality of CRSs, which are to be considered as data controllers with regard to the making of reservations or issuing of tickets for transport products. Data subjects will therefore be able to exercise their rights not only towards travel agents or air carriers, but also towards CRSs, where appropriate.

| 15. | The obligation for participating carriers and intermediaries to ensure the accuracy of data (although not limited to personal data), as provided for in Article 9, is an explicit reference to Directive 95/46/EC, according to which personal data must be accurate. |
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15.

The obligation for participating carriers and intermediaries to ensure the accuracy of data (although not limited to personal data), as provided for in Article 9, is an explicit reference to Directive 95/46/EC, according to which personal data must be accurate.

| 16. | It must be noted that these provisions of the proposal are in line with the remarks made by the Article 29 Working Party in its Recommendation No 1/98 (4). They are all the more welcome in that they specify some provisions of Directive 95/46/EC: reference is made in particular to the limited storage period of personal data off-line (72 hours) and the deletion of the information after three years, with limited conditions of access linked with the original purpose of the processing (billing dispute resolution). The transparency of the processing is also foreseen, with indication by the subscriber of the contact details of the system vendor and information on the exercise of access rights. |
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16.

It must be noted that these provisions of the proposal are in line with the remarks made by the Article 29 Working Party in its Recommendation No 1/98 (4). They are all the more welcome in that they specify some provisions of Directive 95/46/EC: reference is made in particular to the limited storage period of personal data off-line (72 hours) and the deletion of the information after three years, with limited conditions of access linked with the original purpose of the processing (billing dispute resolution). The transparency of the processing is also foreseen, with indication by the subscriber of the contact details of the system vendor and information on the exercise of access rights.

| 17. | In addition to these elements already included in the proposal, the latter could be completed with regard to three aspects. |
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17.

In addition to these elements already included in the proposal, the latter could be completed with regard to three aspects.

Sensitive data

| 18. | Firstly, with regard to the possibility for the data subject to consent to the processing of sensitive data, it should be explicitly stated that the consent must be based on adequate information. Although Article 2, subparagraph (h) of Directive 95/46/EC implies that any consent should be ‘freely given, specific and informed’, this may not always happen in practice. Article 11, paragraph 3, could thus be completed as follows: ‘... such data shall only be processed where the data subject has given his explicit consent to the processing of those data on an informed basis’. |
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18.

Firstly, with regard to the possibility for the data subject to consent to the processing of sensitive data, it should be explicitly stated that the consent must be based on adequate information. Although Article 2, subparagraph (h) of Directive 95/46/EC implies that any consent should be ‘freely given, specific and informed’, this may not always happen in practice. Article 11, paragraph 3, could thus be completed as follows: ‘... such data shall only be processed where the data subject has given his explicit consent to the processing of those data on an informed basis’.

Security measures

| 19. | Secondly, with regard to security issues, it is assumed that the general principles of Directive 95/46/EC will apply. The EDPS would recommend complementing these principles with obligations more directly focussed on the particularities of personal data processed by CRSs. Since CRSs can act as a global interface for airlines, but also as a service provider or ‘host’ for a specific airline, the large quantity of data processed with regard to these two different functions should be clearly isolated, using ‘Chinese’ walls and other appropriate security measures. The EDPS recommends adding this as an additional paragraph in Article 11. |
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19.

Secondly, with regard to security issues, it is assumed that the general principles of Directive 95/46/EC will apply. The EDPS would recommend complementing these principles with obligations more directly focussed on the particularities of personal data processed by CRSs. Since CRSs can act as a global interface for airlines, but also as a service provider or ‘host’ for a specific airline, the large quantity of data processed with regard to these two different functions should be clearly isolated, using ‘Chinese’ walls and other appropriate security measures. The EDPS recommends adding this as an additional paragraph in Article 11.

| 20. | Article 11 could thus be completed with a new paragraph after paragraph 4 that would read as follows: ‘Where a CRS operates databases in different capacities such as interface or host for airlines, technical and organisational measures must be taken to prevent interconnection between the databases, and to ensure that personal data are only accessible for the specific purpose for which they were collected’. |
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20.

Article 11 could thus be completed with a new paragraph after paragraph 4 that would read as follows: ‘Where a CRS operates databases in different capacities such as interface or host for airlines, technical and organisational measures must be taken to prevent interconnection between the databases, and to ensure that personal data are only accessible for the specific purpose for which they were collected’.

Marketing information

| 21. | Thirdly, the EDPS welcomes the conditions put in Articles 7 and 11(5) to the processing of data in a market analysis perspective. These data can only be provided by system vendors to third parties in a non identifiable format, be they about organisations, companies or natural persons. While the objective here is mainly to prevent the identification of travel agents (5), it is assumed that anonymisation concerns any kind of personal data processed in the course of a reservation, thus also personal data of clients of travel agents. This should be specified in the proposal, by completing Article 11(5) as follows: ‘Anonymisation shall apply to all data subjects involved in the reservation procedure, including the final consumer’. |
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21.

Thirdly, the EDPS welcomes the conditions put in Articles 7 and 11(5) to the processing of data in a market analysis perspective. These data can only be provided by system vendors to third parties in a non identifiable format, be they about organisations, companies or natural persons. While the objective here is mainly to prevent the identification of travel agents (5), it is assumed that anonymisation concerns any kind of personal data processed in the course of a reservation, thus also personal data of clients of travel agents. This should be specified in the proposal, by completing Article 11(5) as follows: ‘Anonymisation shall apply to all data subjects involved in the reservation procedure, including the final consumer’.

IV.   ENFORCEMENT

| 22. | As a consequence of the broad scope of application of the Regulation, the competence of the Commission and Data Protection Authorities to ensure the compliance of actors involved, extends to data controllers established outside the EU. It is essential that the Commission, explicitly mentioned in the proposal as responsible for the enforcement of the code of conduct, will have effective means to ensure compliance with data protection principles. |
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22.

As a consequence of the broad scope of application of the Regulation, the competence of the Commission and Data Protection Authorities to ensure the compliance of actors involved, extends to data controllers established outside the EU. It is essential that the Commission, explicitly mentioned in the proposal as responsible for the enforcement of the code of conduct, will have effective means to ensure compliance with data protection principles.

| 23. | To ensure an effective enforcement of the code of conduct, control and traceability of personal data within the CRS network should be ensured. Personal data are indeed transmitted and accessed by different actors, like airlines, travel agencies, and are processed by CRSs in different qualities, acting or not on behalf of the airlines. |
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23.

To ensure an effective enforcement of the code of conduct, control and traceability of personal data within the CRS network should be ensured. Personal data are indeed transmitted and accessed by different actors, like airlines, travel agencies, and are processed by CRSs in different qualities, acting or not on behalf of the airlines.

| 24. | In addition to the need for a clear distinction between the different activities of CRSs, a scheme of data flows within the system appears to be a prerequisite in order to have a clear picture of the circulation of personal data between airlines, travel agencies and CRSs. This is essential in order to assess the competence of the different enforcement authorities (DPAs and Commission). |
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24.

In addition to the need for a clear distinction between the different activities of CRSs, a scheme of data flows within the system appears to be a prerequisite in order to have a clear picture of the circulation of personal data between airlines, travel agencies and CRSs. This is essential in order to assess the competence of the different enforcement authorities (DPAs and Commission).

| 25. | This is all the more needed considering the fact that CRSs are interconnected, and in view of the complexity of the CRS network. The extent to which e.g. personal data entered via an airline or a travel agency, client of a CRS, can be accessed and processed at a different stage via a CRS, distinct from the original one, must be made clear. |
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25.

This is all the more needed considering the fact that CRSs are interconnected, and in view of the complexity of the CRS network. The extent to which e.g. personal data entered via an airline or a travel agency, client of a CRS, can be accessed and processed at a different stage via a CRS, distinct from the original one, must be made clear.

| 26. | According to Article 12 of the proposal, the Commission will be competent to initiate enforcement procedures in case of infringement of the Regulation. The competence of the Commission will therefore include, among others, control of compliance with data protection principles included in the Regulation. |
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26.

According to Article 12 of the proposal, the Commission will be competent to initiate enforcement procedures in case of infringement of the Regulation. The competence of the Commission will therefore include, among others, control of compliance with data protection principles included in the Regulation.

| 27. | While doing so, its role may compete with national data protection authorities, in so far as the activities of a CRS or system vendor falls within the scope of a national data protection legislation. Coherent procedures of enforcement and mutual collaboration should be ensured in such a case. The Article 29 Working Party could be an appropriate forum to facilitate such coordination. |
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27.

While doing so, its role may compete with national data protection authorities, in so far as the activities of a CRS or system vendor falls within the scope of a national data protection legislation. Coherent procedures of enforcement and mutual collaboration should be ensured in such a case. The Article 29 Working Party could be an appropriate forum to facilitate such coordination.

| 28. | Besides, in the course of the exercise of its competences, the Commission will handle specific files including all the elements of an alleged infringement (e.g. access to the files by the concerned parties being addressed in Article 15 of the proposal). Personal data will inevitably be included in these files, which would imply the competence of the EDPS to supervise the processing, as an aspect of his tasks with regard to the European Institutions in accordance with Regulation (EC) No 45/2001, like for all other cases where the Commission acts as a data controller. |
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28.

Besides, in the course of the exercise of its competences, the Commission will handle specific files including all the elements of an alleged infringement (e.g. access to the files by the concerned parties being addressed in Article 15 of the proposal). Personal data will inevitably be included in these files, which would imply the competence of the EDPS to supervise the processing, as an aspect of his tasks with regard to the European Institutions in accordance with Regulation (EC) No 45/2001, like for all other cases where the Commission acts as a data controller.

V.   ACCESS TO PASSENGERS' DATA BY THIRD COUNTRIES

| 29. | Access to passengers' data by third countries has led to the conclusion of specific agreements between the European Union and these third countries and in particular an agreement concluded between the EU and Canada in July 2005, and between the EU and the United States in July 2007. According to these agreements, PNR data communicated to foreign authorities by airlines must comply with specific conditions in relation with data protection. |
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29.

Access to passengers' data by third countries has led to the conclusion of specific agreements between the European Union and these third countries and in particular an agreement concluded between the EU and Canada in July 2005, and between the EU and the United States in July 2007. According to these agreements, PNR data communicated to foreign authorities by airlines must comply with specific conditions in relation with data protection.

| 30. | The role of CRS in this context would be different, depending on their quality of host or interface for the airlines. |
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30.

The role of CRS in this context would be different, depending on their quality of host or interface for the airlines.

CRS as host for the airlines

| 31. | As already mentioned, airlines that do not manage their own reservation system are used to outsource it to a third party that can be a CRS. The CRS does not act here in its capacity of interface for travel agents, but as a service provider for the airline. In this ‘host’ capacity, the CRS might communicate PNR information to the authorities of a third country. |
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31.

As already mentioned, airlines that do not manage their own reservation system are used to outsource it to a third party that can be a CRS. The CRS does not act here in its capacity of interface for travel agents, but as a service provider for the airline. In this ‘host’ capacity, the CRS might communicate PNR information to the authorities of a third country.

| 32. | According to the Commission (6), this activity of CRS does not fall within the scope of the Regulation, and its obligations with regard to transfers to third parties are therefore not violated in these circumstances. However, the general data protection principles of Directive 95/46/EC remain applicable, as well as those of the Council of Europe's Convention No 108 as far as the conditions of transfer to third countries are concerned. |
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32.

According to the Commission (6), this activity of CRS does not fall within the scope of the Regulation, and its obligations with regard to transfers to third parties are therefore not violated in these circumstances. However, the general data protection principles of Directive 95/46/EC remain applicable, as well as those of the Council of Europe's Convention No 108 as far as the conditions of transfer to third countries are concerned.

| 33. | The EDPS considers that the entities providing such IT services are responsible for the service they offer and for the further transfer of data to a third party. In that sense, they should be considered as co-controllers with the airlines concerned with regard to the service provided. This implies that the transfer of passenger data by a service provider — be it a CRS or another IT service provider — to a third country must comply with the conditions of any international agreement concluded with that country. |
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33.

The EDPS considers that the entities providing such IT services are responsible for the service they offer and for the further transfer of data to a third party. In that sense, they should be considered as co-controllers with the airlines concerned with regard to the service provided. This implies that the transfer of passenger data by a service provider — be it a CRS or another IT service provider — to a third country must comply with the conditions of any international agreement concluded with that country.

| 34. | Obligations might include the resolution of practical issues, such as the modalities of transfer of data and the transition from ‘push’ to ‘pull’, implying that the IT service controls the conditions of transfer and the quality of data transferred. Transparency obligations should also be taken into account, in concertation with airlines and to the extent airlines' reservation services are effectively performed by the IT service. Redress against the CRS should also be available to the data subject in relation with the processing of data performed by the CRS in this context of transfer to a third party. |
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34.

Obligations might include the resolution of practical issues, such as the modalities of transfer of data and the transition from ‘push’ to ‘pull’, implying that the IT service controls the conditions of transfer and the quality of data transferred. Transparency obligations should also be taken into account, in concertation with airlines and to the extent airlines' reservation services are effectively performed by the IT service. Redress against the CRS should also be available to the data subject in relation with the processing of data performed by the CRS in this context of transfer to a third party.

CRS acting as interface

| 35. | Independently of the situation where CRSs act in their capacity of service provider and have to take into account international agreements concluded between the EU and third countries, one should also envisage the case where CRSs act in their quality of interface: in this case, any request for personal data from a third party falls within the conditions of the Regulation, and in principle the transfer should not be allowed. Indeed, according to Article 11(4) of the proposal, access to CRS data is allowed only for billing dispute reasons. Important is the fact that this provision applies independently of the situation of the CRS (be it situated in the EU or in the United States), as far as services are offered for use in the territory of the Community. |
| --- | --- |

35.

Independently of the situation where CRSs act in their capacity of service provider and have to take into account international agreements concluded between the EU and third countries, one should also envisage the case where CRSs act in their quality of interface: in this case, any request for personal data from a third party falls within the conditions of the Regulation, and in principle the transfer should not be allowed. Indeed, according to Article 11(4) of the proposal, access to CRS data is allowed only for billing dispute reasons. Important is the fact that this provision applies independently of the situation of the CRS (be it situated in the EU or in the United States), as far as services are offered for use in the territory of the Community.

VI.   CONCLUSION

| 36. | The EDPS welcomes the inclusion in the proposal of data protection principles that specify the provisions of Directive 95/46/EC. These provisions enhance legal certainty, and could usefully be complemented by additional safeguards on three points: ensuring the fully informed consent of data subjects for the processing of sensitive data; providing for security measures taking into account the different services offered by CRSs, and the protection of marketing information (see points 18-21 of this opinion). |
| --- | --- |

36.

The EDPS welcomes the inclusion in the proposal of data protection principles that specify the provisions of Directive 95/46/EC. These provisions enhance legal certainty, and could usefully be complemented by additional safeguards on three points: ensuring the fully informed consent of data subjects for the processing of sensitive data; providing for security measures taking into account the different services offered by CRSs, and the protection of marketing information (see points 18-21 of this opinion).

| 37. | With regard to the scope of application of the proposal, the criteria that make the proposal applicable to CRSs established in third countries raise the question of its practical application, in a coherent way with the application of the lex generalis, i.e. the Directive 95/46/EC (see points 9-12). |
| --- | --- |

37.

With regard to the scope of application of the proposal, the criteria that make the proposal applicable to CRSs established in third countries raise the question of its practical application, in a coherent way with the application of the lex generalis, i.e. the Directive 95/46/EC (see points 9-12).

| 38. | To ensure the effective implementation of the proposal, the EDPS considers that there is a need for a clear and comprehensive view on the whole CRSs problematic, taking into account the complexity of the CRS network and the conditions of access by third parties to personal data processed by CRSs. |
| --- | --- |

38.

To ensure the effective implementation of the proposal, the EDPS considers that there is a need for a clear and comprehensive view on the whole CRSs problematic, taking into account the complexity of the CRS network and the conditions of access by third parties to personal data processed by CRSs.

| 39. | Even if these issues go beyond the concrete provisions of the proposal, it is nevertheless deemed as essential to put the CRS question in its global context and to be aware of the implications and the challenges of having such a large amount of personal data, some of them sensitive, processed in a global network practically accessible to third State authorities. |
| --- | --- |

39.

Even if these issues go beyond the concrete provisions of the proposal, it is nevertheless deemed as essential to put the CRS question in its global context and to be aware of the implications and the challenges of having such a large amount of personal data, some of them sensitive, processed in a global network practically accessible to third State authorities.

| 40. | It is therefore decisive that effective compliance is ensured, not only with regard to competition aspects of the proposal but with regard to data protection principles, by authorities competent for enforcement, i.e. the Commission, as foreseen in the proposal, and Data Protection Authorities (see points 22-35). |
| --- | --- |

40.

It is therefore decisive that effective compliance is ensured, not only with regard to competition aspects of the proposal but with regard to data protection principles, by authorities competent for enforcement, i.e. the Commission, as foreseen in the proposal, and Data Protection Authorities (see points 22-35).

Done at Brussels, 11 April 2008.

Peter HUSTINX

European Data Protection Supervisor

---

(1)  Article 11, paragraph 9 of the proposal.

1

(2)  Article 1 of the proposal.

2

(3)  Article 4, paragraph 1, subparagraph (a) and (c) of Directive 95/46/EC.

3

(4)  Recommendation of 28 April 1998 on Airline Computerised Reservation Systems, WP10.

4

(5)  Explanatory Memorandum, 5. Additional information. ‘Detailed explanation of the proposal’.

5

(6)  Decision C(2005) 652/1 on the compatibility of US access to Passenger Name Record (PNR) with Regulation (EEC) No 2299/89 on a code of conduct for computerized reservation systems.

6

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 11.9.2008 | EN | Official Journal of the European Union | C 233/6 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/6

---

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

Cases where the Commission raises no objections

(2008/C 233/02)

| Date of adoption of the decision | 8.8.2008 |
| --- | --- |
| Reference number of the aid | N 591/07 |
| Member State | Latvia |
| Region | — |
| Title (and/or name of the beneficiary) | Lauksaimniecības dzīvnieku ģenētisko resursu saglabāšana |
| Legal basis | Ministru kabineta 2007. gada 19. aprīļa rīkojums Nr. 213 “Par lauksaimniecībā un pārtikā izmantojamo augu un dzīvnieku, meža un zivju ģenētisko resursu ilgtermiņa saglabāšanas un ilgtspējīgas izmantošanas programmu 2007.–2009. gadam” |
| Type of measure | Agri-environmental commitments |
| Objective | Nature protection |
| Form of aid | Direct grant |
| Budget | Overall budget: LVL 1 087 000 (around EUR 1 560 885) |
| Intensity | Up to 100 % of the income foregone and additional costs |
| Duration | Until 30.12.2013 |
| Economic sectors | Agricultural sector |
| Name and address of the granting authority | Lauku atbalsta dienests |
| Republikas laukums 2 |
| LV-1981 Rīga |

Date of adoption of the decision

8.8.2008

Reference number of the aid

N 591/07

Member State

Latvia

Region

—

Title (and/or name of the beneficiary)

Lauksaimniecības dzīvnieku ģenētisko resursu saglabāšana

Legal basis

Ministru kabineta 2007. gada 19. aprīļa rīkojums Nr. 213 “Par lauksaimniecībā un pārtikā izmantojamo augu un dzīvnieku, meža un zivju ģenētisko resursu ilgtermiņa saglabāšanas un ilgtspējīgas izmantošanas programmu 2007.–2009. gadam”

Type of measure

Agri-environmental commitments

Objective

Nature protection

Form of aid

Direct grant

Budget

Overall budget: LVL 1 087 000 (around EUR 1 560 885)

Intensity

Up to 100 % of the income foregone and additional costs

Duration

Until 30.12.2013

Economic sectors

Agricultural sector

Name and address of the granting authority

Lauku atbalsta dienests

Republikas laukums 2

LV-1981 Rīga

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/

---

| 11.9.2008 | EN | Official Journal of the European Union | C 233/7 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/7

---

Non-opposition to a notified concentration

(Case COMP/M.5230 — CapMan/Litorina/Cederroth)

(Text with EEA relevance)

(2008/C 233/03)

On 30 July 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32008M5230. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5230. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 11.9.2008 | EN | Official Journal of the European Union | C 233/8 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/8

---

Euro exchange rates (1)

10 September 2008

(2008/C 233/04)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4094 |
| JPY | Japanese yen | 150,52 |
| DKK | Danish krone | 7,4574 |
| GBP | Pound sterling | 0,80200 |
| SEK | Swedish krona | 9,5115 |
| CHF | Swiss franc | 1,5928 |
| ISK | Iceland króna | 129,01 |
| NOK | Norwegian krone | 8,0600 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,850 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 241,39 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7045 |
| PLN | Polish zloty | 3,4755 |
| RON | Romanian leu | 3,6020 |
| SKK | Slovak koruna | 30,265 |
| TRY | Turkish lira | 1,7484 |
| AUD | Australian dollar | 1,7541 |
| CAD | Canadian dollar | 1,5090 |
| HKD | Hong Kong dollar | 10,9921 |
| NZD | New Zealand dollar | 2,1118 |
| SGD | Singapore dollar | 2,0226 |
| KRW | South Korean won | 1 546,11 |
| ZAR | South African rand | 11,3586 |
| CNY | Chinese yuan renminbi | 9,6382 |
| HRK | Croatian kuna | 7,1253 |
| IDR | Indonesian rupiah | 13 149,70 |
| MYR | Malaysian ringgit | 4,8758 |
| PHP | Philippine peso | 66,320 |
| RUB | Russian rouble | 36,1515 |
| THB | Thai baht | 48,822 |
| BRL | Brazilian real | 2,5159 |
| MXN | Mexican peso | 14,9255 |

Currency

Exchange rate

USD

US dollar

1,4094

JPY

Japanese yen

150,52

DKK

Danish krone

7,4574

GBP

Pound sterling

0,80200

SEK

Swedish krona

9,5115

CHF

Swiss franc

1,5928

ISK

Iceland króna

129,01

NOK

Norwegian krone

8,0600

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,850

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

241,39

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7045

PLN

Polish zloty

3,4755

RON

Romanian leu

3,6020

SKK

Slovak koruna

30,265

TRY

Turkish lira

1,7484

AUD

Australian dollar

1,7541

CAD

Canadian dollar

1,5090

HKD

Hong Kong dollar

10,9921

NZD

New Zealand dollar

2,1118

SGD

Singapore dollar

2,0226

KRW

South Korean won

1 546,11

ZAR

South African rand

11,3586

CNY

Chinese yuan renminbi

9,6382

HRK

Croatian kuna

7,1253

IDR

Indonesian rupiah

13 149,70

MYR

Malaysian ringgit

4,8758

PHP

Philippine peso

66,320

RUB

Russian rouble

36,1515

THB

Thai baht

48,822

BRL

Brazilian real

2,5159

MXN

Mexican peso

14,9255

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 11.9.2008 | EN | Official Journal of the European Union | C 233/9 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/9

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(Text with EEA relevance)

(2008/C 233/05)

| Reference number of the aid | XT 76/08 |
| --- | --- |
| Member State | Italy |
| Region | Calabria |
| Title (and/or name of the beneficiary) | Concessione ai datori di lavoro di una dote formativa come contributo all'adattamento delle competenze |
| Legal basis | Decreto dirigente generale dipartimento n. 10 Regione Calabria del 27 giugno 2008 — pubblicato in data 30 giugno 2008 sul BURC — parte III — Avviso pubblico per la concessione di incentivi ai datori di lavoro per l'incremento occupazionale e la concessione di una dote formativa come contributo all'adattamento delle competenze. POR Calabria 2000/2006, Asse 111 Risorse umane (FSE). Misura 3.2 — Inserimento e reinserimento nel mercato del lavoro POR Calabria FSE 2007/2013, Asse II Occupabilità, Obiettivo operativo E.l Rafforzare l'inserimento (reinserimento lavorativo dei lavoratori adulti, dei disoccupati di lunga durata e dei bacini di precariato occupazionale attraverso percorsi integrati e incentivi) |
| Type of measure | Aid scheme |
| Budget | Annual budget: EUR 7,6 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 30.6.2008 |
| Duration | 31.12.2008 |
| Objective | General training; Specific training |
| Economic sectors | All sectors eligible for training aid |
| Name and address of the granting authority | Regione Calabria — Dipartimento n. 10 — Lavoro, politiche della famiglia, formazione professionale, cooperazione e volontariato |
| Via Lucrezia della Valle |
| I-88100 Catanzaro |

Reference number of the aid

XT 76/08

Member State

Italy

Region

Calabria

Title (and/or name of the beneficiary)

Concessione ai datori di lavoro di una dote formativa come contributo all'adattamento delle competenze

Legal basis

Decreto dirigente generale dipartimento n. 10 Regione Calabria del 27 giugno 2008 — pubblicato in data 30 giugno 2008 sul BURC — parte III — Avviso pubblico per la concessione di incentivi ai datori di lavoro per l'incremento occupazionale e la concessione di una dote formativa come contributo all'adattamento delle competenze. POR Calabria 2000/2006, Asse 111 Risorse umane (FSE). Misura 3.2 — Inserimento e reinserimento nel mercato del lavoro POR Calabria FSE 2007/2013, Asse II Occupabilità, Obiettivo operativo E.l Rafforzare l'inserimento (reinserimento lavorativo dei lavoratori adulti, dei disoccupati di lunga durata e dei bacini di precariato occupazionale attraverso percorsi integrati e incentivi)

Type of measure

Aid scheme

Budget

Annual budget: EUR 7,6 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

30.6.2008

Duration

31.12.2008

Objective

General training; Specific training

Economic sectors

All sectors eligible for training aid

Name and address of the granting authority

Regione Calabria — Dipartimento n. 10 — Lavoro, politiche della famiglia, formazione professionale, cooperazione e volontariato

Via Lucrezia della Valle

I-88100 Catanzaro

| Reference number of the aid | XT 78/08 |
| --- | --- |
| Member State | Italy |
| Region | Calabria |
| Title (and/or name of the beneficiary) | Pacchetti integrati di agevolazione (P.I.A.) — Piani di formazione aziendale — 2008 |
| Legal basis | Legge regionale 11 maggio 2007, art. 24






  — | Delibera di giunta regionale 19 marzo 2008, n. 220, |

Reference number of the aid

XT 78/08

Member State

Italy

Region

Calabria

Title (and/or name of the beneficiary)

Pacchetti integrati di agevolazione (P.I.A.) — Piani di formazione aziendale — 2008

Legal basis

Legge regionale 11 maggio 2007, art. 24

—

Delibera di giunta regionale 19 marzo 2008, n. 220,

| — | Delibera di giunta regionale 18 giugno 2008, n. 224, |
| --- | --- |

—

Delibera di giunta regionale 18 giugno 2008, n. 224,

| — | Decreto dirigente generale del dipartimento attività produttive 26 giugno 2008, n. 8237 |
| --- | --- |

—

Decreto dirigente generale del dipartimento attività produttive 26 giugno 2008, n. 8237

Type of measure

Aid scheme

Budget

Annual budget: EUR 84 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

27.6.2008

Duration

31.12.2008

Objective

General training; Specific training

Economic sectors

Other manufacturing, Other services

Name and address of the granting authority

| Presidente della giunta regionale |
| --- |
| Via Sensales — Palazzo Alemanni |
| I-88100 Catanzaro |

Presidente della giunta regionale

Via Sensales — Palazzo Alemanni

I-88100 Catanzaro

| Reference number of the aid | XT 80/08 |
| --- | --- |
| Member State | Italy |
| Region | Calabria |
| Title (and/or name of the beneficiary) | Incentivi alle imprese per la formazione in azienda dei neoassunti |
| Legal basis | Decreto dirigente generale dipartimento n. 10 Regione Calabria — n. 6986 del 4 giugno 2008 — pubblicato in data 5 giugno 2008 sul supplemento straordinario n. 1 al BURC — parte IH — 30 maggio 2008 n. 22 — Avviso pubblico per la concessione di incentivi alle imprese per l'incremento occupazionale e la formazione in azienda dei neoassunti. POR Calabria 2000/2006, Asse di risorse umane (FSE). Misura 3.2 — Inserimento e reinserimento nel mercato del lavoro e Misura 3.4 Inserimento lavorativo e reinserimento di gruppi svantaggiati. POR Calabria FSH 2007/2013, Asse II Occupabilità, Obiettivo operativo E. I Rafforzare inserimento (reinserimento lavorativo dei lavoratori adulti, dei disoccupati di lunga durata c dei bacini di precariato occupazionale attraverso percorsi integrati e incentivi) |
| Type of measure | Aid scheme |
| Budget | Annual budget: EUR 5,5 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 9.6.2008 |
| Duration | 31.12.2008 |
| Objective | General training; Specific training |
| Economic sectors | All sectors eligible for training aid |
| Name and address of the granting authority | Regione Calabria — Dipartimento n. 10 — Lavoro, politiche della famiglia, formazione professionale, cooperazione e volontariato |
| Via Lucrezia della Valle |
| I-88100 Catanzaro |

Reference number of the aid

XT 80/08

Member State

Italy

Region

Calabria

Title (and/or name of the beneficiary)

Incentivi alle imprese per la formazione in azienda dei neoassunti

Legal basis

Decreto dirigente generale dipartimento n. 10 Regione Calabria — n. 6986 del 4 giugno 2008 — pubblicato in data 5 giugno 2008 sul supplemento straordinario n. 1 al BURC — parte IH — 30 maggio 2008 n. 22 — Avviso pubblico per la concessione di incentivi alle imprese per l'incremento occupazionale e la formazione in azienda dei neoassunti. POR Calabria 2000/2006, Asse di risorse umane (FSE). Misura 3.2 — Inserimento e reinserimento nel mercato del lavoro e Misura 3.4 Inserimento lavorativo e reinserimento di gruppi svantaggiati. POR Calabria FSH 2007/2013, Asse II Occupabilità, Obiettivo operativo E. I Rafforzare inserimento (reinserimento lavorativo dei lavoratori adulti, dei disoccupati di lunga durata c dei bacini di precariato occupazionale attraverso percorsi integrati e incentivi)

Type of measure

Aid scheme

Budget

Annual budget: EUR 5,5 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

9.6.2008

Duration

31.12.2008

Objective

General training; Specific training

Economic sectors

All sectors eligible for training aid

Name and address of the granting authority

Regione Calabria — Dipartimento n. 10 — Lavoro, politiche della famiglia, formazione professionale, cooperazione e volontariato

Via Lucrezia della Valle

I-88100 Catanzaro

| Reference number of the aid | XT 81/08 |
| --- | --- |
| Member State | Italy |
| Region | Calabria |
| Title (and/or name of the beneficiary) | Contratto di investimento industria, artigianato e servizi — C.I. — 2008 |
| Legal basis | Legge regionale 11 maggio 2007, art. 24






  — | Delibera di giunta regionale 19 marzo 2008, n. 220, |

Reference number of the aid

XT 81/08

Member State

Italy

Region

Calabria

Title (and/or name of the beneficiary)

Contratto di investimento industria, artigianato e servizi — C.I. — 2008

Legal basis

Legge regionale 11 maggio 2007, art. 24

—

Delibera di giunta regionale 19 marzo 2008, n. 220,

| — | Delibera di giunta regionale 18 giugno 2008, n. 424, |
| --- | --- |

—

Delibera di giunta regionale 18 giugno 2008, n. 424,

| — | Decreto dirigente generale del dipartimento attività produttive 30 giugno 2008 |
| --- | --- |

—

Decreto dirigente generale del dipartimento attività produttive 30 giugno 2008

Type of measure

Aid scheme

Budget

Annual budget: EUR 56 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

30.6.2008

Duration

31.12.2008

Objective

General training; Specific training

Economic sectors

Other manufacturing, Other services

Name and address of the granting authority

| Presidente della giunta regionale |
| --- |
| Via Sensales |
| Palazzo Alemanni |
| I-88100 Catanzaro |

Presidente della giunta regionale

Via Sensales

Palazzo Alemanni

I-88100 Catanzaro

---

| 11.9.2008 | EN | Official Journal of the European Union | C 233/12 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/12

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(Text with EEA relevance)

(2008/C 233/06)

| Aid No | XS 176/08 |
| --- | --- |
| Member State | Poland |
| Region | Warminsko-Mazurskie |
| Title of aid scheme or name of company receiving individual aid | Zakład Produkcyjno Handlowo Usługowy Cezary Gudan |
| Legal basis | Ustawa z dnia 8 października 2004 r. o zasadach finansowania nauki art. 10, rozporządzenie Ministra Nauki i Szkolnictwa Wyższego Dz.U. nr 221 z 14 listopada 2007 r. § 3 ust. 1, umowa nr II-215/P-247/2008 |
| Type of measure | Ad hoc |
| Budget | Overall budget: EUR 18 581 |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 24.6.2008 |
| Duration | 24.6.2008 |
| Objective | Small and medium-sized enterprises |
| Economic sectors | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Ministerstwo Nauki i Szkolnictwa Wyższego |
| ul. Wspólna 1/3 |
| PL-00-529 Warszawa |

Aid No

XS 176/08

Member State

Poland

Region

Warminsko-Mazurskie

Title of aid scheme or name of company receiving individual aid

Zakład Produkcyjno Handlowo Usługowy Cezary Gudan

Legal basis

Ustawa z dnia 8 października 2004 r. o zasadach finansowania nauki art. 10, rozporządzenie Ministra Nauki i Szkolnictwa Wyższego Dz.U. nr 221 z 14 listopada 2007 r. § 3 ust. 1, umowa nr II-215/P-247/2008

Type of measure

Ad hoc

Budget

Overall budget: EUR 18 581

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

24.6.2008

Duration

24.6.2008

Objective

Small and medium-sized enterprises

Economic sectors

All sectors eligible for aid to SMEs

Name and address of the granting authority

Ministerstwo Nauki i Szkolnictwa Wyższego

ul. Wspólna 1/3

PL-00-529 Warszawa

| Aid No | XS 188/08 |
| --- | --- |
| Member State | Germany |
| Region | — |
| Title of aid scheme or name of company receiving individual aid | KfW-Unternehmerkredit (KMU-Fenster) |
| Legal basis | KfW-Gesetz, Merkblatt zum KfW-Unternehmerkredit (Anlage 1) |
| Type of measure | Aid scheme |
| Budget | Annual budget: EUR 7 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.7.2008 |
| Duration | Unlimited |
| Objective | Small and medium-sized enterprises |
| Economic sectors | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | KfW-Bankengruppe |
| Palmengartenstraße 5-9 |
| D-60325 Frankfurt |

Aid No

XS 188/08

Member State

Germany

Region

—

Title of aid scheme or name of company receiving individual aid

KfW-Unternehmerkredit (KMU-Fenster)

Legal basis

KfW-Gesetz, Merkblatt zum KfW-Unternehmerkredit (Anlage 1)

Type of measure

Aid scheme

Budget

Annual budget: EUR 7 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.7.2008

Duration

Unlimited

Objective

Small and medium-sized enterprises

Economic sectors

All sectors eligible for aid to SMEs

Name and address of the granting authority

KfW-Bankengruppe

Palmengartenstraße 5-9

D-60325 Frankfurt

| Aid No | XS 191/08 |
| --- | --- |
| Member State | Spain |
| Region | Comunidad Autónoma de Canarias |
| Title of aid scheme or name of company receiving individual aid | Subvenciones a la inversión de las PYMEs industriales |
| Legal basis | Orden de la Consejería de Empleo, Industria y Comercio de 16 de mayo de 2008, por la que se convoca mediante concurso para el ejercicio 2008, la concesión de subvenciones a la inversión de las PYMEs industriales, y se aprueban las bases que regirán la misma (BOC no 105 de 27 de mayo de 2008, ref. 793).
  http://www.gobcan.es/boc/anexos/2008/105/00011-00036.pdf |
| Type of measure | Aid scheme |
| Budget | Annual budget: EUR 2,998 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 27.5.2008 |
| Duration | 31.12.2008 |
| Objective | Small and medium-sized enterprises |
| Economic sectors | All manufacturing |
| Name and address of the granting authority | Consejería de Empleo, Industria y Comercio del Gobierno de Canarias |
| Avda de Anaga, no 35 |
| Edificio de Servicios Múltiples I, planta 8a |
| E-38071 Santa Cruz de Tenerife |

Aid No

XS 191/08

Member State

Spain

Region

Comunidad Autónoma de Canarias

Title of aid scheme or name of company receiving individual aid

Subvenciones a la inversión de las PYMEs industriales

Legal basis

Orden de la Consejería de Empleo, Industria y Comercio de 16 de mayo de 2008, por la que se convoca mediante concurso para el ejercicio 2008, la concesión de subvenciones a la inversión de las PYMEs industriales, y se aprueban las bases que regirán la misma (BOC no 105 de 27 de mayo de 2008, ref. 793).

http://www.gobcan.es/boc/anexos/2008/105/00011-00036.pdf

Type of measure

Aid scheme

Budget

Annual budget: EUR 2,998 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

27.5.2008

Duration

31.12.2008

Objective

Small and medium-sized enterprises

Economic sectors

All manufacturing

Name and address of the granting authority

Consejería de Empleo, Industria y Comercio del Gobierno de Canarias

Avda de Anaga, no 35

Edificio de Servicios Múltiples I, planta 8a

E-38071 Santa Cruz de Tenerife

o

| C/ León y Castillo, no 200 |
| --- |
| Edificio de Servicios Múltiples III, planta 4a |
| E-35071 Las Palmas de Gran Canaria |

C/ León y Castillo, no 200

Edificio de Servicios Múltiples III, planta 4a

E-35071 Las Palmas de Gran Canaria

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V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 11.9.2008 | EN | Official Journal of the European Union | C 233/14 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/14

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MEDIA 2007

Call for proposals — EACEA/18/08

Measures to support promotion and market access: audiovisual festivals

(2008/C 233/07)

1.   Objectives and description

This notice of a call for proposals is based on Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007).

The objectives of the above mentioned Council Decision include:

| — | facilitating and encouraging the promotion and movement of European audiovisual and cinema works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals, |
| --- | --- |

—

facilitating and encouraging the promotion and movement of European audiovisual and cinema works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals,

| — | improve access to European audiovisual works for the European and international public. |
| --- | --- |

—

improve access to European audiovisual works for the European and international public.

2.   Eligible applicants

The present notification is addressed to European organisations; those registered in and controlled by nationals from the Member States of the European Union and countries of the European Economic Agreement participating in the MEDIA 2007 Programme (Iceland, Liechtenstein, Norway), Switzerland and Croatia.

3.   Eligible actions

Such organisations must implement audiovisual festivals which contribute to the afore mentioned objectives and which screen a minimum of 70 % European films from at least 10 States participating in the MEDIA Programme, in their total programme.

The present call for proposals is only valid for projects which start between 1 May 2009 and 30 April 2010.

4.   Award criteria

Points will be allocated out of a total of 100 on the basis of the following weighting:

| — | the European dimension of the programming (15 points), |
| --- | --- |

—

the European dimension of the programming (15 points),

| — | cultural and geographic diversity of the programming (20 points), |
| --- | --- |

—

cultural and geographic diversity of the programming (20 points),

| — | quality and innovative nature of the programming (10 points), |
| --- | --- |

—

quality and innovative nature of the programming (10 points),

| — | audience impact (30 points), |
| --- | --- |

—

audience impact (30 points),

| — | impact on the promotion and circulation of European audiovisual works (15 points), |
| --- | --- |

—

impact on the promotion and circulation of European audiovisual works (15 points),

| — | film professionals' participation (10 points). |
| --- | --- |

—

film professionals' participation (10 points).

5.   Budget

When submitting proposals, you may opt for a one-year agreement or a four-year framework partnership agreement.

The maximum amount available under this call for proposals is EUR 3 500 000 (providing the EU budget for 2009 is approved).

The financial support from the Commission cannot exceed 50 % of the total eligible costs.

The maximum grant will be EUR 75 000.

6.   Deadline

Closing dates for submitting proposals:

| — | 31 October 2008 — for projects starting between 1 May 2009 and 31 October 2009, |
| --- | --- |

—

31 October 2008 — for projects starting between 1 May 2009 and 31 October 2009,

| — | 30 April 2009 — for projects starting between 1 November 2009 and 30 April 2010. |
| --- | --- |

—

30 April 2009 — for projects starting between 1 November 2009 and 30 April 2010.

Applications must be submitted to the Executive Agency (EACEA) to the following address:

| Agence Exécutive Éducation Audiovisuel et Culture (EACEA) |
| --- |
| Unité Programme MEDIA — P8 |
| Appel de propositions — EACEA/18/08 — Festivals audiovisuels |
| M. Constantin DASKALAKIS |
| BOUR 03/30 |
| Avenue du Bourget 1 |
| B-1140 Bruxelles |

Agence Exécutive Éducation Audiovisuel et Culture (EACEA)

Unité Programme MEDIA — P8

Appel de propositions — EACEA/18/08 — Festivals audiovisuels

M. Constantin DASKALAKIS

BOUR 03/30

Avenue du Bourget 1

B-1140 Bruxelles

Only applications submitted on the official application form, duly signed by the person entitled to enter into legally binding commitments on behalf of the applicant organisation and containing all the information and annexes specified in the full text of the call will be accepted.

Applications sent by fax or e-mail will be rejected.

7.   Further information

The guidelines, as well as the application forms are available on: http://ec.europa.eu/media

Applications must comply with all the terms of the guidelines and be submitted on the forms provided.

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OTHER ACTS

Commission

| 11.9.2008 | EN | Official Journal of the European Union | C 233/16 |
| --- | --- | --- | --- |

11.9.2008

EN

Official Journal of the European Union

C 233/16

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

(2008/C 233/08)

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

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘ANDRUTY KALISKIE’

EC No: PL-PGI-005-0526-6.3.2006

PGI ( X ) PDO ( )

This summary sets out the main elements of the product specification for information purposes.

1.   Responsible department in the Member State:

| Name: | Ministerstwo Rolnictwa i Rozwoju Wsi |
| --- | --- |
| Address: | ul. Wspólna 30 |
| PL-00-930 Warszawa |

Name:

Ministerstwo Rolnictwa i Rozwoju Wsi

Address:

ul. Wspólna 30

PL-00-930 Warszawa

Tel.

(48-22) 623 27 07

Fax

(48-22) 623 25 03

E-mail

jakub.jasinski@minrol.gov.pl

2.   Group:

| Name: | Lokalna Organizacja Turystyczna Ziemi Kaliskiej |
| --- | --- |
| Address: | al. Wojska Polskiego 185 |
| PL-62-80 Kalisz |

Name:

Lokalna Organizacja Turystyczna Ziemi Kaliskiej

Address:

al. Wojska Polskiego 185

PL-62-80 Kalisz

Tel.

(48-62) 764 55 88

Fax

(48-62) 764 55 99

E-mail:

eliza@aleksander.pl

Composition:

Producers/processors ( X ) Other ( X )

3.   Type of product:

Class 2.4 — Bread, pastry, cakes, confectionery, biscuits and other baker's wares

4.   Specification:

(Summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

4.1.   Name: ‘Andruty kaliskie’

4.2.   Description: Round, thin wafers with regular edges and a slightly shiny, smooth surface which varies in colour, 15 to 17 cm in diameter and 0,8 to 1,5 mm thick. Their colour is light cream to straw through to golden brown. They are slightly sweet in taste, delicate, crisp, dry and smooth.

4.3.   Geographical area: Within the administrative boundaries of the city of Kalisz, Kalisz District, Greater Poland Province, Poland.

4.4.   Proof of origin: The label registration system enables comprehensive checks to be made on the number of Kalisz wafers on the market. Each producer is required to indicate its details in the designated place on the label in accordance with the relevant legislation.

At the preparatory stage and during production each producer keeps records relating to this specification. The records can be accessed by the control body at any time and checks may be carried out on them.

4.5.   Method of production: Stage 1 — The raw materials are prepared in the following quantities: 10 l of water, 470-1 000 g of sugar, 5-6 kg of wheat flour, 150-200 ml of rape oil.

Stage 2 — The ingredients are carefully mixed to form a uniform, thick, smooth dough. The dough is left to stand for at least 30 minutes.

Stage three — The closed waffle iron is heated to a temperature of around 180 °C. The maximum temperature should not exceed 220 °C.

Stage 4 — A portion of dough is placed on the hot, greased, lower plate of the waffle iron. The two plates are pressed together.

Stage 5 — When the wafers are cooked (this takes between 30 and 45 seconds approximately, depending on the temperature of the plates), the waffle iron is opened by raising the upper plate. The wafers should remain on the lower plate. The baked wafers are collected and placed in a pile; any not up to standard are discarded.

Stage 6 — The edges of the piled wafers are trimmed using a knife or file, giving them a circular shape. The wafers, to which a seal of warranty or label has been attached, are packed immediately after baking into heat-sealed polypropylene bags The bags may be packed in small boxes or envelopes. In such cases the seal of warranty and label are not required. These bags, envelopes and boxes are used for unit packaging. The number of wafers is indicated on the unit packaging. Large cardboard boxes are used for collective packaging. All of this stage is carried out by hand.

The product must be packaged at the place of production in view of its fragility and susceptibility to damp (high hygroscopicity) and with a view to ensuring product traceability.

4.6.   Link: The product's link to the region is based on its reputation; evidence shows that it has been produced here since the mid-19th century. Kalisz, the town with the oldest written records in Poland, became a melting pot of different nationalities and cultures as early as the Middle Ages. The evidence suggests that Kalisz wafers were created as the result of cultural interaction and represent a fusion of the culinary habits and customs of different national and religious groups which had lived in the city for centuries.

The tradition of Kalisz wafers occupies an important part in the city's history. The product's origins, however, are lost in the rich past of Kalisz. The etymology of the name is also unclear. All we know is that the name was used as early as the 18th century. According to Polish historian Zygmunt Gloger, Kalisz wafers were served as a dessert in the 18th century. The next recorded reference to the speciality dates from the mid-19th century.

The indications are that production of Kalisz wafers began around 1850 as a middle class started to form and the city achieved a certain level of prosperity. It became popular, for example, for whole families to spend their free Sundays strolling in the park by the Prosna river. At that time, traders started selling wafers to the promenaders. This is recorded in oral tradition, passed on by the families of producers and the descendents of customers as well. The Kalisz speciality also appears in the reminiscences of the city's inhabitants and is immortalised in photographs and in writing.

Making the wafers was easy and could be carried out even in fairly basic conditions if the trader knew the recipe and had the right equipment. They were made in bakeries, houses, country manors and many shops. They were also sold in these locations, although the most important place by far, with cult status, has always been the city park.

The 19th century waffle irons used for Kalisz wafers are the most tangible evidence we have of the tradition. Waffle irons were often kept after they had been altered or repaired. They were initially manufactured by blacksmiths and later also by local craftsmen (e.g. locksmiths). The shape was created by two round, smooth iron plates connected by a hinge.

In the collective memory, wafers are a symbol of the city in the same way as the coat of arms and town hall. So it comes as no surprise that emigrants from Kalisz throughout the world, nostalgic for a taste of home and childhood, often ask for wafers to be sent to them.

The outstanding reputation of Kalisz wafers is confirmed by numerous prizes, e.g. 1st prize in ‘Nasze Kulinarne Dziedzictwo’, a national culinary competition (2004), 1st place at the ‘Wielkopolska Gala Produktów Regionalnych i Tradycyjnych’, a regional food fair (2005) and the ‘Perła’ prize for regional and traditional produce (2005) awarded annually at the international ‘Polagra Farm’ (‘Farma’) fair.

4.7.   Inspection body:

| Name: | Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych |
| --- | --- |
| Address: | ul. Wspólna 30 |
| PL-00-930 Warszawa |

Name:

Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych

Address:

ul. Wspólna 30

PL-00-930 Warszawa

Tel.

(48-22) 623 29 01

Fax

(48-22) 623 20 99

E-mail:

—

4.8.   Labelling: The tourist office for the Kalisz area (Lokalna Organizacja Turystyczna Ziemi Kaliskiej) has created specially designed packaging: seals of warranty, labels, envelopes and boxes. The packaging is produced at a central point under the supervision of the tourist office, which keeps a record of, and distributes, all the packaging referred to in the application. The distribution arrangements may not discriminate against any producers which make Kalisz wafers in accordance with this specification.

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

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11.9.2008

| 11.9.2008 | EN | Official Journal of the European Union | C 233/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 233/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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