# Official Journal C 74/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.074.eng |
| --- | --- |
| Official Journal
  of the European Union | C 74 |
| | |
| English edition | Information and Notices | Volume 5513 March 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.074.eng

Official Journal

of the European Union

C 74

English edition

Information and Notices

Volume 5513 March 2012

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Data Protection Supervisor |
| 2012/C 074/01 | Opinion of the European Data Protection Supervisor on the proposal for a Council regulation on administrative cooperation in the field of excise duties | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Data Protection Supervisor

2012/C 074/01

Opinion of the European Data Protection Supervisor on the proposal for a Council regulation on administrative cooperation in the field of excise duties

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 074/02 | Non-opposition to a notified concentration (Case COMP/M.6441 — Senoble/Agrial/Senagral JV) (
  1
  ) | 5 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 074/02

Non-opposition to a notified concentration (Case COMP/M.6441 — Senoble/Agrial/Senagral JV) (
  1
  )

1

5

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2012/C 074/03 | Council Decision of 28 February 2012 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training | 6 |
| 2012/C 074/04 | Council Decision of 9 March 2012 appointing one member of the Management Board of the European Chemicals Agency | 7 |
| | European Commission |
| 2012/C 074/05 | Euro exchange rates | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2012/C 074/03

Council Decision of 28 February 2012 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

6

2012/C 074/04

Council Decision of 9 March 2012 appointing one member of the Management Board of the European Chemicals Agency

7

European Commission

2012/C 074/05

Euro exchange rates

8

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Parliament |
| 2012/C 074/06 | Recruitment notice PE/150/S | 9 |
| | European Commission |
| 2012/C 074/07 | Calls for proposals under the 2012 work programme People of the seventh framework programme for research, technological development and demonstration activities | 10 |
| 2012/C 074/08 | LIFE+ Call for proposals 2012 | 11 |
| 2012/C 074/09 | Call for proposals — DG ENTR No 30-G-ENT-CIP-12-E-N01C051 — Programme Erasmus for young entrepreneurs | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2012/C 074/10 | Notice concerning undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China: change of the address of a company | 16 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 074/11 | Prior notification of a concentration (Case COMP/M.6314 — Telefónica UK/Vodafone UK/Everything Everywhere/JV) (
  1
  ) | 17 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Parliament

2012/C 074/06

Recruitment notice PE/150/S

9

European Commission

2012/C 074/07

Calls for proposals under the 2012 work programme People of the seventh framework programme for research, technological development and demonstration activities

10

2012/C 074/08

LIFE+ Call for proposals 2012

11

2012/C 074/09

Call for proposals — DG ENTR No 30-G-ENT-CIP-12-E-N01C051 — Programme Erasmus for young entrepreneurs

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2012/C 074/10

Notice concerning undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China: change of the address of a company

16

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 074/11

Prior notification of a concentration (Case COMP/M.6314 — Telefónica UK/Vodafone UK/Everything Everywhere/JV) (
  1
  )

1

17

| | |
| --- | --- |
| | (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

| 13.3.2012 | EN | Official Journal of the European Union | C 74/1 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/1

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Opinion of the European Data Protection Supervisor on the proposal for a Council regulation on administrative cooperation in the field of excise duties

2012/C 74/01

THE EUROPEAN DATA PROTECTION SUPERVISOR,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,

Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 7 and 8 thereof,

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 (1),

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 (2), and in particular its Article 28(2),

HAS ADOPTED THE FOLLOWING OPINION:

1.   INTRODUCTION

1.1.   Consultation of the EDPS

| 1. | On 14 November 2011, the Commission adopted a proposal for a regulation of the Council concerning administrative cooperation in the field of excise duties (3) (hereinafter ‘the proposal’). |
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1.

On 14 November 2011, the Commission adopted a proposal for a regulation of the Council concerning administrative cooperation in the field of excise duties (3) (hereinafter ‘the proposal’).

| 2. | On the same date, the proposal was sent by the Commission to the EDPS. The EDPS understands this communication as a request to advise Union institutions and bodies, as foreseen in Article 28(2) of Regulation (EC) No 45/2001. |
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2.

On the same date, the proposal was sent by the Commission to the EDPS. The EDPS understands this communication as a request to advise Union institutions and bodies, as foreseen in Article 28(2) of Regulation (EC) No 45/2001.

| 3. | Before the adoption of the proposal, the EDPS was given the opportunity by the Commission to provide informal comments. The EDPS is pleased with the process, which has helped to improve the text from a data protection point of view at an early stage. Some of those comments have been taken into account in the proposal. The EDPS welcomes the reference to the present consultation in the preamble of the proposal. |
| --- | --- |

3.

Before the adoption of the proposal, the EDPS was given the opportunity by the Commission to provide informal comments. The EDPS is pleased with the process, which has helped to improve the text from a data protection point of view at an early stage. Some of those comments have been taken into account in the proposal. The EDPS welcomes the reference to the present consultation in the preamble of the proposal.

| 4. | The EDPS would nevertheless like to highlight some elements which could still be ameliorated in the text from a data protection perspective. |
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4.

The EDPS would nevertheless like to highlight some elements which could still be ameliorated in the text from a data protection perspective.

1.2.   General background

| 5. | The proposal aims to update the provisions of Regulation (EC) No 2073/2004, which laid down a legal framework for administrative cooperation between national tax authorities in the field of excise duties (on alcohol, tobacco and energy products) in order to combat excise fraud. The Regulation established binding rules on cooperation between Member States, introduced automatic and spontaneous information exchanges (in addition to information exchange on request) and enabled national competent authorities to exchange information with each other, notably by electronic means. The Regulation also laid down the conditions for cooperation with the Commission. |
| --- | --- |

5.

The proposal aims to update the provisions of Regulation (EC) No 2073/2004, which laid down a legal framework for administrative cooperation between national tax authorities in the field of excise duties (on alcohol, tobacco and energy products) in order to combat excise fraud. The Regulation established binding rules on cooperation between Member States, introduced automatic and spontaneous information exchanges (in addition to information exchange on request) and enabled national competent authorities to exchange information with each other, notably by electronic means. The Regulation also laid down the conditions for cooperation with the Commission.

| 6. | These provisions need to be revised to take into account the modifications to the computerised Excise Movement and Control System (hereafter referred to as ‘EMCS’), aimed at computerising the movement and surveillance of excisable products. The proposal also aims to: (i) update the language in the Regulation; (ii) take out provisions which are no longer relevant and making the structure of the text more logical and; (iii) simplify the regulatory framework, making it more efficient. |
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6.

These provisions need to be revised to take into account the modifications to the computerised Excise Movement and Control System (hereafter referred to as ‘EMCS’), aimed at computerising the movement and surveillance of excisable products. The proposal also aims to: (i) update the language in the Regulation; (ii) take out provisions which are no longer relevant and making the structure of the text more logical and; (iii) simplify the regulatory framework, making it more efficient.

| 7. | In this context, processing of personal data takes place in various ways. Member States exchange information between themselves, with the Commission and also with third countries (4) about traders in excise goods, which can be natural or legal persons, as well as other commercial information, alongside information on suspected or verified offences related to violations of excise duties legislation. |
| --- | --- |

7.

In this context, processing of personal data takes place in various ways. Member States exchange information between themselves, with the Commission and also with third countries (4) about traders in excise goods, which can be natural or legal persons, as well as other commercial information, alongside information on suspected or verified offences related to violations of excise duties legislation.

| 8. | This Opinion focuses on the aspects of the proposal which have an effect on data protection. |
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8.

This Opinion focuses on the aspects of the proposal which have an effect on data protection.

2.   ANALYSIS OF THE PROPOSAL

2.1.   Reference to Directive 95/46/EC

| 9. | The EDPS welcomes the fact that recital 18 of the proposal explicitly mentions that processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 and that processing by the competent authorities of the Member States is governed by Directive 95/46/EC. |
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9.

The EDPS welcomes the fact that recital 18 of the proposal explicitly mentions that processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 and that processing by the competent authorities of the Member States is governed by Directive 95/46/EC.

| 10. | The EDPS also welcomes the reference to the applicability of national data protection laws in Article 28(4) of the proposal. However, the provision should more precisely refer to the ‘processing of personal data’ rather than to ‘all storage or exchange of information’. Such reference is preferred because the term ‘processing’ refers to any operation related to the information, thereby also including all steps in the use of the information, from collection to any further use, pursuant to paragraphs 2 and 3. This is important because the use of personal data for purposes other than those for which it was originally collected is subject to strict conditions under Articles 6 and 7 of Directive 95/46/EC. |
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10.

The EDPS also welcomes the reference to the applicability of national data protection laws in Article 28(4) of the proposal. However, the provision should more precisely refer to the ‘processing of personal data’ rather than to ‘all storage or exchange of information’. Such reference is preferred because the term ‘processing’ refers to any operation related to the information, thereby also including all steps in the use of the information, from collection to any further use, pursuant to paragraphs 2 and 3. This is important because the use of personal data for purposes other than those for which it was originally collected is subject to strict conditions under Articles 6 and 7 of Directive 95/46/EC.

2.2.   Definition of the categories of data to be exchanged

| 11. | The proposal distinguishes between two types of exchange of information: ‘cooperation on request’ (Chapter II) and ‘exchange of information without prior request’ (Chapter III). However, the EDPS notes that the text of the regulation does not specify the categories of data to be exchanged. In both cases (on request and without previous request), it is stated that the content of the mutual administrative assistance documents is to be adopted by the Commission through implementing acts (Articles 9(2) and 16(3)). |
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11.

The proposal distinguishes between two types of exchange of information: ‘cooperation on request’ (Chapter II) and ‘exchange of information without prior request’ (Chapter III). However, the EDPS notes that the text of the regulation does not specify the categories of data to be exchanged. In both cases (on request and without previous request), it is stated that the content of the mutual administrative assistance documents is to be adopted by the Commission through implementing acts (Articles 9(2) and 16(3)).

| 12. | The EDPS recommends that a general description of the categories of data that can be exchanged by the competent authorities should be inserted in the proposal itself since it determines the scope of application of the essential elements of the regulation. This can not be dealt with in an implementing act. |
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12.

The EDPS recommends that a general description of the categories of data that can be exchanged by the competent authorities should be inserted in the proposal itself since it determines the scope of application of the essential elements of the regulation. This can not be dealt with in an implementing act.

| 13. | Additionally, the EDPS should be consulted before the adoption of implementing measures which might have an impact on the protection of personal data. This obligation should be specified in the text of the proposal. |
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13.

Additionally, the EDPS should be consulted before the adoption of implementing measures which might have an impact on the protection of personal data. This obligation should be specified in the text of the proposal.

2.3.   Processing of sensitive data

| 14. | Taking into account the objective of the proposal, it is likely that data related to suspected cases of fraud will be processed. The EDPS highlights that data on suspected offences can only be processed under the control of an official authority (5) or subject to specific safeguards provided by law (6), since they are considered sensitive data which require special protection. Safeguards about the permitted use of this information (such as stricter access rights, stronger security measures, including a privacy impact assessment, a security plan and regular audits) should be inserted in the text of the regulation. |
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14.

Taking into account the objective of the proposal, it is likely that data related to suspected cases of fraud will be processed. The EDPS highlights that data on suspected offences can only be processed under the control of an official authority (5) or subject to specific safeguards provided by law (6), since they are considered sensitive data which require special protection. Safeguards about the permitted use of this information (such as stricter access rights, stronger security measures, including a privacy impact assessment, a security plan and regular audits) should be inserted in the text of the regulation.

| 15. | Furthermore, the EDPS would like to draw attention to the fact that the processing of these sensitive data may be subject to prior checking by the EDPS or by national data protection authorities. |
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15.

Furthermore, the EDPS would like to draw attention to the fact that the processing of these sensitive data may be subject to prior checking by the EDPS or by national data protection authorities.

2.4.   Data quality and data subjects' rights

| 16. | The proposal introduces an obligation for Member States to keep a register in an electronic database of all economic operators which are authorised warehouse keepers or registered consignees or consignors. The information contained in the registries would be automatically exchanged between Member States through the central register managed by the Commission (see Article 19(4)). |
| --- | --- |

16.

The proposal introduces an obligation for Member States to keep a register in an electronic database of all economic operators which are authorised warehouse keepers or registered consignees or consignors. The information contained in the registries would be automatically exchanged between Member States through the central register managed by the Commission (see Article 19(4)).

| 17. | Article 19(3) requires the central excise liaison office or department of each Member State to ensure that the information contained in the national registers is complete, accurate and up to date. The EDPS welcomes this provision which is compliant with the principle of data quality enshrined both in Directive 95/46/EC (7) and in Regulation (EC) No 45/2001 (8). |
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17.

Article 19(3) requires the central excise liaison office or department of each Member State to ensure that the information contained in the national registers is complete, accurate and up to date. The EDPS welcomes this provision which is compliant with the principle of data quality enshrined both in Directive 95/46/EC (7) and in Regulation (EC) No 45/2001 (8).

| 18. | Article 20 of the proposal explains that economic operators have the right to check the publicly available information on the central database managed by the Commission (SEED-on-Europa) in relation to the details of their authorisation, by entering their excise authorisation number. They are also explicitly granted the right to have any errors in the public information corrected by the Member State that issued the authorisation. The Commission undertakes to forward such requests for correction to the appropriate competent authority. As regards access and corrections to the non-public information on economic operators, to which the Commission has no access, an economic operator must continue to refer to the relevant competent authority. The EDPS welcomes the fact that the proposal explicitly grants and regulates data subjects' rights of access and correction of personal data relating to them. |
| --- | --- |

18.

Article 20 of the proposal explains that economic operators have the right to check the publicly available information on the central database managed by the Commission (SEED-on-Europa) in relation to the details of their authorisation, by entering their excise authorisation number. They are also explicitly granted the right to have any errors in the public information corrected by the Member State that issued the authorisation. The Commission undertakes to forward such requests for correction to the appropriate competent authority. As regards access and corrections to the non-public information on economic operators, to which the Commission has no access, an economic operator must continue to refer to the relevant competent authority. The EDPS welcomes the fact that the proposal explicitly grants and regulates data subjects' rights of access and correction of personal data relating to them.

| 19. | However, Article 28(4), second subparagraph, states that Member States shall restrict the rights of information and access and the publication of processing operations (9) to the extent necessary to safeguard the ‘important or economic financial interests’ of Member States and of the European Union, including monetary, budgetary and taxation matters (10). These represent a restriction of some important elements of the right to data protection as specified in Article 8 of the Charter of the Fundamental Rights of the Union. The necessity and the proportionality of these restrictions have to be clearly demonstrated by the legislator. In addition, specific situations where such restrictions are needed must be specified in the text of the proposal — or in a recital. |
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19.

However, Article 28(4), second subparagraph, states that Member States shall restrict the rights of information and access and the publication of processing operations (9) to the extent necessary to safeguard the ‘important or economic financial interests’ of Member States and of the European Union, including monetary, budgetary and taxation matters (10). These represent a restriction of some important elements of the right to data protection as specified in Article 8 of the Charter of the Fundamental Rights of the Union. The necessity and the proportionality of these restrictions have to be clearly demonstrated by the legislator. In addition, specific situations where such restrictions are needed must be specified in the text of the proposal — or in a recital.

2.5.   Data retention

| 20. | Article 21(1) of the Proposal introduces the obligation to keep the information concerning intra-Community movements for at least three years, depending on the retention policy of the competent authority, in order to permit usage of the information for the procedures established in the regulation. |
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20.

Article 21(1) of the Proposal introduces the obligation to keep the information concerning intra-Community movements for at least three years, depending on the retention policy of the competent authority, in order to permit usage of the information for the procedures established in the regulation.

| 21. | The EDPS welcomes the obligation to delete or anonymise any personal data after this period (see Article 21(2)). However, the proposal should not only specify the minimum retention period, but also the maximum period of time that these data can be stored. In addition, the necessity of retaining personal data for this period should be justified and demonstrated, at least in the recitals of the Proposal. |
| --- | --- |

21.

The EDPS welcomes the obligation to delete or anonymise any personal data after this period (see Article 21(2)). However, the proposal should not only specify the minimum retention period, but also the maximum period of time that these data can be stored. In addition, the necessity of retaining personal data for this period should be justified and demonstrated, at least in the recitals of the Proposal.

2.6.   International transfers

| 22. | Article 32(1) of the proposal states that in cases of transactions that appear to contravene excise legislation, information obtained under the Proposal may be communicated to a third country if all the following conditions apply:






  — | if the third country is legally committed to provide the assistance required to gather evidence of the irregular nature of the transaction, |
| --- | --- | --- |

22.

Article 32(1) of the proposal states that in cases of transactions that appear to contravene excise legislation, information obtained under the Proposal may be communicated to a third country if all the following conditions apply:

—

if the third country is legally committed to provide the assistance required to gather evidence of the irregular nature of the transaction,

| — | if the competent authorities which supplied the information have provided consent in accordance with their national law, |
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—

if the competent authorities which supplied the information have provided consent in accordance with their national law,

| — | if this is in accordance with the Directive 95/46/EC and national legislation implementing it, |
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—

if this is in accordance with the Directive 95/46/EC and national legislation implementing it,

| — | if the data are transferred for the same purposes for which they were collected. |
| --- | --- |

—

if the data are transferred for the same purposes for which they were collected.

| 23. | The EDPS welcomes the reference to the applicability of data protection legislation and the limitation of the scope of the transfers to data on specific transactions suspected of contravening excise legislation. However, as this will imply the processing of sensitive data, the transfer will also need to comply with national legislation implementing Article 8 of Directive 95/46/EC (see paragraph 2.3). |
| --- | --- |

23.

The EDPS welcomes the reference to the applicability of data protection legislation and the limitation of the scope of the transfers to data on specific transactions suspected of contravening excise legislation. However, as this will imply the processing of sensitive data, the transfer will also need to comply with national legislation implementing Article 8 of Directive 95/46/EC (see paragraph 2.3).

| 24. | The EDPS also welcomes the fact that data can only be transferred for the same purposes for which they were collected. However, the specific purposes for which data could be transferred to third countries and the categories of data that may be transferred should be made explicit in the proposal and in principle, be limited to fighting infringements to excise legislation. It should also be specified that transfers of personal data to third countries can only be made by national tax authorities. |
| --- | --- |

24.

The EDPS also welcomes the fact that data can only be transferred for the same purposes for which they were collected. However, the specific purposes for which data could be transferred to third countries and the categories of data that may be transferred should be made explicit in the proposal and in principle, be limited to fighting infringements to excise legislation. It should also be specified that transfers of personal data to third countries can only be made by national tax authorities.

| 25. | The EDPS also reminds that, according to Directive 95/46/EC, transfers to third countries are, in principle, only allowed if an adequate level of protection is ensured in the recipient country. The transfer to countries which do not provide for adequate protection can only be justified if any of the exceptions of Article 26 of Directive 95/46/EC apply, for example, if the transfer is necessary or legally required on important public interest grounds (11). However, this exception can only be used if the transfer is of interest to the authorities of an EU Member State and not only to the authorities of the recipient country (12). In any case, exceptions should only be used on a case-by-case basis, which means that no massive or systematic transfers of data should be based on the public interest grounds exemption. |
| --- | --- |

25.

The EDPS also reminds that, according to Directive 95/46/EC, transfers to third countries are, in principle, only allowed if an adequate level of protection is ensured in the recipient country. The transfer to countries which do not provide for adequate protection can only be justified if any of the exceptions of Article 26 of Directive 95/46/EC apply, for example, if the transfer is necessary or legally required on important public interest grounds (11). However, this exception can only be used if the transfer is of interest to the authorities of an EU Member State and not only to the authorities of the recipient country (12). In any case, exceptions should only be used on a case-by-case basis, which means that no massive or systematic transfers of data should be based on the public interest grounds exemption.

| 26. | In addition, the relevant legal undertaking by the third country should include specific safeguards as regards the protection of privacy and personal data and the exercise of these rights by data subjects. |
| --- | --- |

26.

In addition, the relevant legal undertaking by the third country should include specific safeguards as regards the protection of privacy and personal data and the exercise of these rights by data subjects.

3.   CONCLUSION

| 27. | The EDPS welcomes the specific reference in the proposal to the applicability of Directive 95/46/EC and Regulation (EC) No 45/2001 to the personal data processing activities covered by the regulation. He proposes a precision of this reference. |
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27.

The EDPS welcomes the specific reference in the proposal to the applicability of Directive 95/46/EC and Regulation (EC) No 45/2001 to the personal data processing activities covered by the regulation. He proposes a precision of this reference.

| 28. | The EDPS recommends the following points with a view to ameliorate the text from a data protection perspective:






  — | the categories of data to be exchanged between competent authorities should be laid down in the proposal, |
| --- | --- | --- |

28.

The EDPS recommends the following points with a view to ameliorate the text from a data protection perspective:

—

the categories of data to be exchanged between competent authorities should be laid down in the proposal,

| — | the EDPS expects to be consulted on implementing measures related to the protection of personal data, |
| --- | --- |

—

the EDPS expects to be consulted on implementing measures related to the protection of personal data,

| — | safeguards about the permitted use of information related to suspected cases of fraud should be inserted in the text of the Regulation, |
| --- | --- |

—

safeguards about the permitted use of information related to suspected cases of fraud should be inserted in the text of the Regulation,

| — | the necessity and the proportionality of the restrictions to the rights of information and access have to be clearly demonstrated by the legislator. In addition, specific situations where such restrictions are needed must be specified in the text of the proposal — or in a recital, |
| --- | --- |

—

the necessity and the proportionality of the restrictions to the rights of information and access have to be clearly demonstrated by the legislator. In addition, specific situations where such restrictions are needed must be specified in the text of the proposal — or in a recital,

| — | the maximum retention period for information concerning intra-Community movements should be specified in the Regulation, |
| --- | --- |

—

the maximum retention period for information concerning intra-Community movements should be specified in the Regulation,

| — | the retention period should be justified in its preamble, |
| --- | --- |

—

the retention period should be justified in its preamble,

| — | international transfers of data on suspicious transactions should comply with Articles 8 and 26 of Directive 95/46/EC and their scope, the identity of the sender and the purpose should be specified. |
| --- | --- |

—

international transfers of data on suspicious transactions should comply with Articles 8 and 26 of Directive 95/46/EC and their scope, the identity of the sender and the purpose should be specified.

Done at Brussels, 27 January 2012.

Giovanni BUTTARELLI

Assistant European Data Protection Supervisor

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(1)  OJ L 281, 23.11.1995, p. 31.

1

(2)  OJ L 8, 12.1.2001, p. 1.

2

(3)  COM(2011) 730 final.

3

(4)  Where allowed by Directive 95/46/EC, as stated in Article 32(1) of the Proposal.

4

(5)  See Article 8(5) of Directive 95/46/EC.

5

(6)  See Article 8(5) of Directive 95/46/EC and Article 10(5) of Regulation (EC) No 45/2001.

6

(7)  See Article 6(1)(d).

7

(8)  See Article 4(1)(d).

8

(9)  See Articles 10, 11(1), 12 and 21 of Directive 95/46/EC.

9

(10)  See Article 13(1)(e) of Directive 95/46/EC.

10

(11)  According to recital 58 of Directive 95/46/EC, this exception covers transfers between tax or customs authorities.

11

(12)  See also Article 29 Working Party Working Document of 25 November 2005 on a common interpretation of Article 26(1) of Directive 95/46/EC of 24 October 1995 (WP114), available on http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2005/wp114_en.pdf

12

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.3.2012 | EN | Official Journal of the European Union | C 74/5 |
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13.3.2012

EN

Official Journal of the European Union

C 74/5

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Non-opposition to a notified concentration

(Case COMP/M.6441 — Senoble/Agrial/Senagral JV)

(Text with EEA relevance)

2012/C 74/02

On 20 February 2012, 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 French and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6441. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6441. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 13.3.2012 | EN | Official Journal of the European Union | C 74/6 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/6

---

COUNCIL DECISION

of 28 February 2012

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2012/C 74/03

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,

Whereas:

| (1) | By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012. |
| --- | --- |

(1)

By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

| (2) | A member's seat on the Governing Board of the Centre in the category of Employees' representatives has become vacant as a result of the resignation of Ms Luz Blanca COSIO ALMEIDA, |
| --- | --- |

(2)

A member's seat on the Governing Board of the Centre in the category of Employees' representatives has become vacant as a result of the resignation of Ms Luz Blanca COSIO ALMEIDA,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:

| SPAIN | Mr Fernando PUIG-SAMPER
  Confederal Secretary
  Responsible for Vocational Training at CCOO |
| --- | --- |

SPAIN

Mr Fernando PUIG-SAMPER

Confederal Secretary

Responsible for Vocational Training at CCOO

Done at Brussels, 28 February 2012.

For the Council

The President

N. WAMMEN

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 226, 19.9.2009, p. 2.

2

---

| 13.3.2012 | EN | Official Journal of the European Union | C 74/7 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/7

---

COUNCIL DECISION

of 9 March 2012

appointing one member of the Management Board of the European Chemicals Agency

2012/C 74/04

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

| (1) | Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State. |
| --- | --- |

(1)

Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

| (2) | By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Portugal. |
| --- | --- |

(2)

By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Portugal.

| (3) | The Portuguese Government has informed the Council of its intention to replace the Portuguese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015, |
| --- | --- |

(3)

The Portuguese Government has informed the Council of its intention to replace the Portuguese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

HAS ADOPTED THIS DECISION:

Article 1

Mr Paulo Guilherme DA SILVA LEMOS of Portuguese nationality, born on 9 July 1963, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Mário GRÁCIO for the period from 15 March 2012 to 31 May 2015.

Article 2

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

Done at Brussels, 9 March 2012.

For the Council

The President

I. AUKEN

---

(1)  OJ L 396, 30.12.2006, p. 1.

1

(2)  OJ C 151, 21.5.2011, p. 1.

2

---

European Commission

| 13.3.2012 | EN | Official Journal of the European Union | C 74/8 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/8

---

Euro exchange rates (1)

12 March 2012

2012/C 74/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3119 |
| JPY | Japanese yen | 107,79 |
| DKK | Danish krone | 7,4348 |
| GBP | Pound sterling | 0,83920 |
| SEK | Swedish krona | 8,9312 |
| CHF | Swiss franc | 1,2056 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,4795 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,563 |
| HUF | Hungarian forint | 293,48 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6966 |
| PLN | Polish zloty | 4,1095 |
| RON | Romanian leu | 4,3553 |
| TRY | Turkish lira | 2,3585 |
| AUD | Australian dollar | 1,2498 |
| CAD | Canadian dollar | 1,3026 |
| HKD | Hong Kong dollar | 10,1784 |
| NZD | New Zealand dollar | 1,6092 |
| SGD | Singapore dollar | 1,6551 |
| KRW | South Korean won | 1 474,62 |
| ZAR | South African rand | 9,9555 |
| CNY | Chinese yuan renminbi | 8,3013 |
| HRK | Croatian kuna | 7,5475 |
| IDR | Indonesian rupiah | 12 010,83 |
| MYR | Malaysian ringgit | 3,9796 |
| PHP | Philippine peso | 55,911 |
| RUB | Russian rouble | 38,8450 |
| THB | Thai baht | 40,210 |
| BRL | Brazilian real | 2,3745 |
| MXN | Mexican peso | 16,6480 |
| INR | Indian rupee | 65,5750 |

Currency

Exchange rate

USD

US dollar

1,3119

JPY

Japanese yen

107,79

DKK

Danish krone

7,4348

GBP

Pound sterling

0,83920

SEK

Swedish krona

8,9312

CHF

Swiss franc

1,2056

ISK

Iceland króna

NOK

Norwegian krone

7,4795

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,563

HUF

Hungarian forint

293,48

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6966

PLN

Polish zloty

4,1095

RON

Romanian leu

4,3553

TRY

Turkish lira

2,3585

AUD

Australian dollar

1,2498

CAD

Canadian dollar

1,3026

HKD

Hong Kong dollar

10,1784

NZD

New Zealand dollar

1,6092

SGD

Singapore dollar

1,6551

KRW

South Korean won

1 474,62

ZAR

South African rand

9,9555

CNY

Chinese yuan renminbi

8,3013

HRK

Croatian kuna

7,5475

IDR

Indonesian rupiah

12 010,83

MYR

Malaysian ringgit

3,9796

PHP

Philippine peso

55,911

RUB

Russian rouble

38,8450

THB

Thai baht

40,210

BRL

Brazilian real

2,3745

MXN

Mexican peso

16,6480

INR

Indian rupee

65,5750

---

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

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Parliament

| 13.3.2012 | EN | Official Journal of the European Union | C 74/9 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/9

---

Recruitment notice PE/150/S

2012/C 74/06

The European Parliament is organising the following selection procedure:

PE/150/S — Head of Unit (AD 9) — European Parliament Information Office in Budapest

This selection procedure requires a level of education which corresponds to completed university studies attested by a diploma which is officially recognised in an EU Member State.

By the closing date for the submission of applications, and after gaining the qualifications referred to above, candidates must have acquired professional experience of at least 10 years relevant to the job description, including 3 years in a managerial position.

The recruitment notice has been published in Hungarian only. The full text is available in that language in Official Journal C 74 A.

---

European Commission

| 13.3.2012 | EN | Official Journal of the European Union | C 74/10 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/10

---

Calls for proposals under the 2012 work programme ‘People’ of the seventh framework programme for research, technological development and demonstration activities

2012/C 74/07

Notice is hereby given of the launch of calls for proposals under the 2012 work programme ‘People’ of the seventh framework programme for research, technological development and demonstration activities (2007 to 2013).

Proposals are invited for the following calls. Call deadlines and budgets are given in the call texts, which are published on the relevant European Commission website.

‘People’ specific programme:

| Call title | Call identifier |
| --- | --- |
| Intra-European Fellowships | FP7-PEOPLE-2012-IEF |
| International Incoming Fellowships | FP7-PEOPLE-2012-IIF |
| International Outgoing Fellowships | FP7-PEOPLE-2012-IOF |

Call title

Call identifier

Intra-European Fellowships

FP7-PEOPLE-2012-IEF

International Incoming Fellowships

FP7-PEOPLE-2012-IIF

International Outgoing Fellowships

FP7-PEOPLE-2012-IOF

These calls for proposals relate to the 2012 work programme adopted by Commission Decision C(2011) 5033 of 19 July 2011.

Information on the modalities of the calls, the work programmes, and the guidance for applicants on how to submit proposals are available through the relevant European Commission website.

---

| 13.3.2012 | EN | Official Journal of the European Union | C 74/11 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/11

---

LIFE+ Call for proposals 2012

2012/C 74/08

The Commission invites entities registered in the European Union to present proposals for the LIFE+ call for proposals 2012.

Applications

The application guides that include detailed explanations in regard to eligibility and procedures can be obtained from the Commission's website at the following address:

http://ec.europa.eu/environment/life/funding/lifeplus.htm

Proposals should only be created and submitted by using the online application tool ‘eProposal’. The link to ‘eProposal’ will be timely communicated via the above mentioned website.

Beneficiaries

Proposals must be presented by entities registered in the Member States of the European Union being public and/or private bodies, actors and institutions.

The following themes are covered by this announcement

1.   LIFE+ Nature and Biodiversity

Principal objective: To protect, conserve, restore, monitor and facilitate the functioning of natural systems, natural habitats, wild flora and fauna, with the aim of halting the loss of biodiversity, including diversity of genetic resources, within the EU.

2.   LIFE+ Environment Policy and Governance

Principal objectives:

—   Climate change: To stabilise greenhouse gas concentration at a level that prevents global warming above 2 °C;

—   Water: To contribute to enhanced water quality by developing cost-effective measures to achieve good ecological status in view of developing river basin management plans under Directive 2000/60/EC (Water Framework Directive);

—   Air: To achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment;

—   Soil: To protect and ensure the sustainable use of soil by preserving soil functions, preventing threats to soil, mitigating their effects and restoring degraded soils;

—   Urban environment: To contribute to improving the environmental performance of Europe's urban areas;

—   Noise: To contribute to policy development and implementation on environmental noise;

—   Chemicals: Improve the protection of environment and health from risks posed by chemicals by 2020 by implementing chemicals legislation, in particular Regulation (EC) No 1907/2006 (REACH) and the thematic strategy on the sustainable use of pesticides;

—   Environment and health: To develop the information base for policy on the environment and health (the Environment and Health Action Plan);

—   Natural resources and waste: To develop and implement policies designed to ensure sustainable management of natural resources and wastes, and to improve the environmental performances of products, sustainable production and consumption patterns, waste prevention, recovery and recycling, and to contribute to the effective implementation of the thematic strategy on the prevention and recycling of waste;

—   Forests: To provide, especially through an EU coordination network, a concise and comprehensive basis for policy-relevant information on forests in relation to climate change (impact on forest ecosystems, mitigation, substitution effects), biodiversity (baseline information and protected forest areas), forest fires, forest conditions and the protective functions of forests (water, soil and infrastructure) as well as contributing to the protection of forests against fires;

—   Innovation: To contribute to developing and demonstrating innovative policy approaches, technologies, methods and instruments to assist in the implementation of the Environmental Technologies Action Plan (ETAP);

—   Strategic approaches: To promote effective implementation and enforcement of Union environmental legislation and improve the knowledge base for environmental policy; to improve the environmental performance o SMEs.

3.   LIFE+ Information and Communication

Principal objective: To disseminate information and raise awareness on environmental issues, including forest fire prevention and to provide support for accompanying measures, such as information, communication actions and campaigns, conferences and training, including training on forest fire prevention.

EU co-financing rates

1.   LIFE+ Nature and Biodiversity projects

| — | The rate of the Union financial support shall be a maximum of 50 % of the eligible costs. |
| --- | --- |

—

The rate of the Union financial support shall be a maximum of 50 % of the eligible costs.

| — | Exceptionally, a maximum co-financing rate up to 75 % is applicable to proposals which target priority habitats/species of the Birds and Habitats Directives. |
| --- | --- |

—

Exceptionally, a maximum co-financing rate up to 75 % is applicable to proposals which target priority habitats/species of the Birds and Habitats Directives.

2.   LIFE+ Environment Policy and Governance

| — | The rate of the Union financial support shall be a maximum of 50 % of the eligible costs. |
| --- | --- |

—

The rate of the Union financial support shall be a maximum of 50 % of the eligible costs.

3.   LIFE+ Information and Communication

| — | The rate of the Union financial support shall be a maximum of 50 % of the eligible costs. |
| --- | --- |

—

The rate of the Union financial support shall be a maximum of 50 % of the eligible costs.

Deadline

Project proposals shall be validated and submitted via eProposal to the national competent authorities by 26 September 2012, 23.59 local Brussels time. Project proposals shall be forwarded via eProposal to the national authority of the Member State in which the beneficiary is registered. Proposals will then be submitted via eProposal by the national authorities to the Commission 2 October 2012, 23.59 local Brussels time.

Budget involved

The overall budget for project action grants under LIFE+ in 2012 is EUR 276 710 000. At least 50 % of this amount shall be allocated to measures to support the conservation of nature and biodiversity.

The indicative national financial allocations for 2012 are as follows:

| Member State | Allocation 2012
  (EUR) |
| --- | --- |
| AT | 5 353 492 |
| BE | 5 762 614 |
| BG | 9 173 428 |
| CY | 2 681 299 |
| CZ | 5 900 374 |
| DK | 4 782 488 |
| DE | 31 356 448 |
| EE | 3 639 225 |
| ES | 27 219 926 |
| FI | 7 356 827 |
| FR | 27 975 307 |
| GR | 9 814 377 |
| HU | 7 135 251 |
| IE | 4 212 612 |
| IT | 24 324 882 |
| LT | 3 038 780 |
| LU | 3 021 649 |
| LV | 2 660 198 |
| MT | 2 614 074 |
| NL | 8 489 636 |
| PL | 18 379 918 |
| | |
| PT | 7 391 578 |
| RO | 11 669 142 |
| SE | 9 143 758 |
| | |
| SI | 5 598 674 |
| SK | 6 365 639 |
| UK | 21 648 405 |
| Total | 276 710 000 |

Member State

Allocation 2012

(EUR)

AT

5 353 492

BE

5 762 614

BG

9 173 428

CY

2 681 299

CZ

5 900 374

DK

4 782 488

DE

31 356 448

EE

3 639 225

ES

27 219 926

FI

7 356 827

FR

27 975 307

GR

9 814 377

HU

7 135 251

IE

4 212 612

IT

24 324 882

LT

3 038 780

LU

3 021 649

LV

2 660 198

MT

2 614 074

NL

8 489 636

PL

18 379 918

PT

7 391 578

RO

11 669 142

SE

9 143 758

SI

5 598 674

SK

6 365 639

UK

21 648 405

Total

276 710 000

More information

More information including the application guidelines and application forms can be found on the LIFE website:

http://ec.europa.eu/environment/life/funding/lifeplus.htm

It is also possible to contact the relevant national authorities:

http://ec.europa.eu/environment/life/contact/nationalcontact/index.htm

---

| 13.3.2012 | EN | Official Journal of the European Union | C 74/14 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/14

---

Call for proposals — DG ENTR No 30-G-ENT-CIP-12-E-N01C051

Programme ‘Erasmus for young entrepreneurs’

2012/C 74/09

1.   Objectives and description

This call for proposals aims to help new entrepreneurs from the participating countries (1) enrich their experience, learn and network by spending periods with experienced entrepreneurs in their enterprises in other participating countries. The overall objective of this programme is to enhance the entrepreneurship, internationalisation and competitiveness of potential start-up entrepreneurs and those running newly established micro and small enterprises in the participating countries. The activity targets people intending to set up a business and recently established entrepreneurs.

The call will support actions for organisations that manage the programme locally, by enhancing and facilitating the mobility of new entrepreneurs.

2.   Eligible applicants

Any public entity or private entity active in the field of business support can participate in this call for proposals. This may include in particular:

| — | public entities responsible for, or active in, the fields of economic affairs, enterprise, business support or related issues, |
| --- | --- |

—

public entities responsible for, or active in, the fields of economic affairs, enterprise, business support or related issues,

| — | chambers of commerce and industry, chambers of handicrafts or similar bodies, |
| --- | --- |

—

chambers of commerce and industry, chambers of handicrafts or similar bodies,

| — | business support organisations, start-up centres and incubators, |
| --- | --- |

—

business support organisations, start-up centres and incubators,

| — | business associations and business support networks, |
| --- | --- |

—

business associations and business support networks,

| — | public and private entities offering business support services. |
| --- | --- |

—

public and private entities offering business support services.

Applicants can act individually or in a consortium (partnership). A consortium should be composed of at least two independent legal entities, from one or several participating countries.

Applicants must be established in one of the participating countries (see list in footnote below).

3.   Budget and project duration

The total budget earmarked for the co-financing of projects amounts to EUR 3 100 000. Financial assistance from the Commission cannot exceed 90 % of the total eligible costs of a single project.

No grant will amount to more than EUR 180 000 for partnerships and EUR 150 000 for individual applications. The maximum duration of projects is 24 months.

Scheduled start-up date of the action: 1 February 2013

4.   Deadline

Applications must be submitted to the Commission no later than 31 May 2012.

5.   Further information

The full text of the call for proposals and the application forms are accessible via the following website:

http://ec.europa.eu/enterprise/contracts-grants/calls-for-proposals/index_en.htm

Applications must comply with the requirements set out in the full text and be submitted using the electronic tool and forms provided.

---

(1)  EU Member States, Liechtenstein, Norway, candidate countries (Croatia, the former Yugoslav Republic of Macedonia, Iceland, Montenegro and Turkey), and Albania, Israel and Serbia (Competitiveness and Innovation Programme participants).

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 13.3.2012 | EN | Official Journal of the European Union | C 74/16 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/16

---

Notice concerning undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China: change of the address of a company

2012/C 74/10

The undertakings offered in the framework of an anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China were accepted by Commission Decision 2008/899/EC (1).

RZBC Imp. & Exp., a sales company located in the People’s Republic of China which is related to the producers RZBC Co. Ltd and RZBC (Juxian) Co. Ltd, whose undertaking was accepted by Decision 2008/899/EC, has informed the Commission that on 26 November 2010 it changed its address to No 66, Lvzhou South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor, Building A), Shandong Province, PRC.

The company has argued that the change of address does not affect the right of the company to benefit from the terms of the undertaking accepted under its previous address.

The Commission has examined the information provided and has concluded that the change of address in no way affects the findings of Decision 2008/899/EC. Therefore, the references, in Article 1 of Decision 2008/899/EC to

RZBC Imp. & Exp. Co., Ltd — No 9, Xinghai West Road, Rizhao, Shandong Province

should be read as

RZBC Imp. & Exp. Co., Ltd — No 66, Lvzhou South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor, Building A), Shandong Province.

The TARIC additional code A926 previously attributed to products manufactured by RZBC Co., Ltd — No 9, Xinghai West Road, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province shall apply to products manufactured by RZBC Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 66 Lvzhou South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor, Building A), Shandong Province.

The TARIC additional code A927 previously attributed to products manufactured by RZBC (Juxian) Co., Ltd — West Wing, Chengyang North Road, Ju County, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province shall apply to products manufactured by RZBC (Juxian) Co., Ltd — West Wing, Chengyang North Road, Ju County, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 66, Lvzhou South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor, Building A), Shandong Province.

---

(1)  OJ L 323, 3.12.2008, p. 62.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 13.3.2012 | EN | Official Journal of the European Union | C 74/17 |
| --- | --- | --- | --- |

13.3.2012

EN

Official Journal of the European Union

C 74/17

---

Prior notification of a concentration

(Case COMP/M.6314 — Telefónica UK/Vodafone UK/Everything Everywhere/JV)

(Text with EEA relevance)

2012/C 74/11

| 1. | On 6 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Telefónica UK Limited (‘Telefónica UK’), belonging to the Telefónica Group, Vodafone UK Limited (‘Vodafone UK’), belonging to the Vodafone Group Plc and Everything Everywhere Limited (‘EE’), jointly controlled by France Télécom and Deutsche Telekom acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking JVCo (UK) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 6 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Telefónica UK Limited (‘Telefónica UK’), belonging to the Telefónica Group, Vodafone UK Limited (‘Vodafone UK’), belonging to the Vodafone Group Plc and Everything Everywhere Limited (‘EE’), jointly controlled by France Télécom and Deutsche Telekom acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking JVCo (UK) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for Telefónica UK: the provision of fixed and mobile telephony services in the UK, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Telefónica UK: the provision of fixed and mobile telephony services in the UK,

| — | for Vodafone UK: the operation of mobile telecommunications networks and the provision of related telecommunications services, including voice telephony, messaging, data and content services, radio paging and value added network services in the UK, |
| --- | --- |

—

for Vodafone UK: the operation of mobile telecommunications networks and the provision of related telecommunications services, including voice telephony, messaging, data and content services, radio paging and value added network services in the UK,

| — | for EE: the provision of fixed and mobile telephony services in the UK, |
| --- | --- |

—

for EE: the provision of fixed and mobile telephony services in the UK,

| — | for JVCo: the provision of various m-commerce services to businesses including digital marketing services, mobile and online transaction services and associated data analytics services. |
| --- | --- |

—

for JVCo: the provision of various m-commerce services to businesses including digital marketing services, mobile and online transaction services and associated data analytics services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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 the EC Merger Regulation. 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6314 — Telefónica UK/Vodafone UK/Everything Everywhere/JV, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6314 — Telefónica UK/Vodafone UK/Everything Everywhere/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

---