# Official Journal C 174/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.174.eng |
| --- | --- |
| Official Journal
  of the European Union | C 174 |
| | |
| English edition | Information and Notices | Volume 5620 June 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.174.eng

Official Journal

of the European Union

C 174

English edition

Information and Notices

Volume 5620 June 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 174/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 174/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2013/C 174/02 | Council Decision of 18 June 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training | 4 |
| | European Commission |
| 2013/C 174/03 | Euro exchange rates | 5 |
| 2013/C 174/04 | Commission Decision of 18 June 2013 on setting up the Commission expert group on cloud computing contracts | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2013/C 174/02

Council Decision of 18 June 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

4

European Commission

2013/C 174/03

Euro exchange rates

5

2013/C 174/04

Commission Decision of 18 June 2013 on setting up the Commission expert group on cloud computing contracts

6

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2013/C 174/05 | Notice of open competition | 9 |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2013/C 174/06 | Action brought on 13 March 2013 by Bentzen Transport AS against the EFTA Surveillance Authority (Case E-2/13) | 10 |
| 2013/C 174/07 | Action brought on 6 April 2013 by DB Schenker against the EFTA Surveillance Authority (Case E-4/13) | 11 |
| 2013/C 174/08 | Action brought on 8 April 2013 by DB Schenker against the EFTA Surveillance Authority (Case E-5/13) | 12 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 174/09 | Prior notification of a concentration (Case COMP/M.6933 — Vitol/Phillips 66 Power Operations) — Candidate case for simplified procedure (
  2
  ) | 13 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2013/C 174/05

Notice of open competition

9

COURT PROCEEDINGS

EFTA Court

2013/C 174/06

Action brought on 13 March 2013 by Bentzen Transport AS against the EFTA Surveillance Authority (Case E-2/13)

10

2013/C 174/07

Action brought on 6 April 2013 by DB Schenker against the EFTA Surveillance Authority (Case E-4/13)

11

2013/C 174/08

Action brought on 8 April 2013 by DB Schenker against the EFTA Surveillance Authority (Case E-5/13)

12

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 174/09

Prior notification of a concentration (Case COMP/M.6933 — Vitol/Phillips 66 Power Operations) — Candidate case for simplified procedure (
  2
  )

2

13

| | |
| --- | --- |
| | (1)   Text with EEA relevance, except for products falling under Annex I to the Treaty |
| | (2)   Text with EEA relevance |

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(1)   Text with EEA relevance, except for products falling under Annex I to the Treaty

1

(2)   Text with EEA relevance

2

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 20.6.2013 | EN | Official Journal of the European Union | C 174/1 |
| --- | --- | --- | --- |

20.6.2013

EN

Official Journal of the European Union

C 174/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I to the Treaty)

2013/C 174/01

| Date of adoption of the decision | 25.4.2013 |
| --- | --- |
| Reference number of State Aid | SA.35773 (12/N) |
| Member State | Czech Republic |
| Region | Vysočina | — |
| Title (and/or name of the beneficiary) | Zásady Zastupitelstva Kraje Vysočina pro poskytování finančních příspěvků na hospodaření v lesích pro období 2014–2020 |
| Legal basis | 1) | Zásady Zastupitelstva Kraje Vysočina pro poskytování finančních příspěvků na hospodaření v lesích pro období 2014–2020 (viz Příloha 2) |

Date of adoption of the decision

25.4.2013

Reference number of State Aid

SA.35773 (12/N)

Member State

Czech Republic

Region

Vysočina

—

Title (and/or name of the beneficiary)

Zásady Zastupitelstva Kraje Vysočina pro poskytování finančních příspěvků na hospodaření v lesích pro období 2014–2020

Legal basis

1)

Zásady Zastupitelstva Kraje Vysočina pro poskytování finančních příspěvků na hospodaření v lesích pro období 2014–2020 (viz Příloha 2)

| 2) | Zákon č. 129/2000 Sb., o krajích (krajské zřízení), ve znění pozdějších předpisů |
| --- | --- |

2)

Zákon č. 129/2000 Sb., o krajích (krajské zřízení), ve znění pozdějších předpisů

| 3) | Zákon č. 289/1995 Sb., o lesích a o změně a doplnění některých zákonů (lesní zákon), ve znění pozdějších předpisů |
| --- | --- |

3)

Zákon č. 289/1995 Sb., o lesích a o změně a doplnění některých zákonů (lesní zákon), ve znění pozdějších předpisů

Type of measure

Scheme

—

Objective

Forestry, Environmental protection

Form of aid

Direct grant

Budget

| | Overall budget: CZK 280 million |
| --- | --- |

Overall budget: CZK 280 million

| | Annual budget: CZK 40 million |
| --- | --- |

Annual budget: CZK 40 million

Intensity

100 %

Duration (period)

1.1.2014-31.12.2020

Economic sectors

Forestry and logging

Name and address of the granting authority

| Kraj Vysočina |
| --- |
| Žižkova 57 |
| 587 33 Jihlava |
| ČESKÁ REPUBLIKA |

Kraj Vysočina

Žižkova 57

587 33 Jihlava

ČESKÁ REPUBLIKA

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/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 13.5.2013 |
| --- | --- |
| Reference number of State Aid | SA.35774 (13/N) |
| Member State | United Kingdom |
| Region | — | — |
| Title (and/or name of the beneficiary) | The National Forest Changing Landscape Scheme |
| Legal basis | Section 153 of the Environmental Protection Act 1990 (as inserted by the Financial Assistance for Environmental Purposes Order 1995).
  Chapter 21 of the Forestry Act 1979.
  Part 8, chapter 1 of the Natural Environment and Rural Communities Act 2006. |
| Type of measure | Scheme | — |
| Objective | Forestry |
| Form of aid | Direct grant |
| Budget | | Overall budget: GBP 9 million |

Date of adoption of the decision

13.5.2013

Reference number of State Aid

SA.35774 (13/N)

Member State

United Kingdom

Region

—

—

Title (and/or name of the beneficiary)

The National Forest Changing Landscape Scheme

Legal basis

Section 153 of the Environmental Protection Act 1990 (as inserted by the Financial Assistance for Environmental Purposes Order 1995).

Chapter 21 of the Forestry Act 1979.

Part 8, chapter 1 of the Natural Environment and Rural Communities Act 2006.

Type of measure

Scheme

—

Objective

Forestry

Form of aid

Direct grant

Budget

Overall budget: GBP 9 million

| | Annual budget: GBP 1,50 million |
| --- | --- |

Annual budget: GBP 1,50 million

Intensity

100 %

Duration (period)

1.7.2013-30.6.2019

Economic sectors

Forestry and logging

Name and address of the granting authority

| National Forest Company |
| --- |
| Enterprise Glade, Bath Yard, Moira, Swadlincote |
| Derbyshire |
| DE12 6BA |
| UNITED KINGDOM |

National Forest Company

Enterprise Glade, Bath Yard, Moira, Swadlincote

Derbyshire

DE12 6BA

UNITED KINGDOM

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/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 10.4.2013 |
| --- | --- |
| Reference number of State Aid | SA.36026 (13/N) |
| Member State | Italy |
| Region | Valle d'Aosta | — |
| Title (and/or name of the beneficiary) | Organizzazione delle attività regionali di protezione civile — contributi al settore agricolo |
| Legal basis | | Legge regionale 18 gennaio 2001, n. 5 «Organizzazione delle attività regionali di protezione civile» |

Date of adoption of the decision

10.4.2013

Reference number of State Aid

SA.36026 (13/N)

Member State

Italy

Region

Valle d'Aosta

—

Title (and/or name of the beneficiary)

Organizzazione delle attività regionali di protezione civile — contributi al settore agricolo

Legal basis

Legge regionale 18 gennaio 2001, n. 5 «Organizzazione delle attività regionali di protezione civile»

| | Delibera della Giunta regionale n. 2377 del 12 luglio 2004 |
| --- | --- |

Delibera della Giunta regionale n. 2377 del 12 luglio 2004

| | Delibera della Giunta regionale n. 2378 del 12 luglio 2004 |
| --- | --- |

Delibera della Giunta regionale n. 2378 del 12 luglio 2004

| | Delibera della Giunta regionale n. 3509 dell’11 ottobre 2004 |
| --- | --- |

Delibera della Giunta regionale n. 3509 dell’11 ottobre 2004

| | Delibera della Giunta regionale n. 2705 del 2 ottobre 2009 |
| --- | --- |

Delibera della Giunta regionale n. 2705 del 2 ottobre 2009

Type of measure

Scheme

—

Objective

Natural disasters or exceptional occurrences

Form of aid

Direct grant

Budget

| | Overall budget: EUR 0,30 million |
| --- | --- |

Overall budget: EUR 0,30 million

| | Annual budget: EUR 0,30 million |
| --- | --- |

Annual budget: EUR 0,30 million

Intensity

70 %

Duration (period)

10.4.2013-31.12.2018

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

| Regione autonoma |
| --- |
| Valle d'Aosta Piazza Deffeyes 1 |
| Aosta AO |
| ITALIA |

Regione autonoma

Valle d'Aosta Piazza Deffeyes 1

Aosta AO

ITALIA

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/competition/elojade/isef/index.cfm

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 20.6.2013 | EN | Official Journal of the European Union | C 174/4 |
| --- | --- | --- | --- |

20.6.2013

EN

Official Journal of the European Union

C 174/4

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COUNCIL DECISION

of 18 June 2013

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

2013/C 174/02

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 16 July 2012 (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 2012 to 17 September 2015. |
| --- | --- |

(1)

By its Decision of 16 July 2012 (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 2012 to 17 September 2015.

| (2) | A member's seat is available for Greece on the Governing Board of the Centre in the category of employees' representatives, |
| --- | --- |

(2)

A member's seat is available for Greece on the Governing Board of the Centre in the category of employees' representatives,

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 2015:

REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:

| GREECE | Mr Michalis KOUROUTOS |
| --- | --- |

GREECE

Mr Michalis KOUROUTOS

Done at Luxembourg, 18 June 2013.

For the Council

The President

P. HOGAN

---

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

1

(2)  OJ C 228, 31.7.2012, p. 3.

2

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European Commission

| 20.6.2013 | EN | Official Journal of the European Union | C 174/5 |
| --- | --- | --- | --- |

20.6.2013

EN

Official Journal of the European Union

C 174/5

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Euro exchange rates (1)

19 June 2013

2013/C 174/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3406 |
| JPY | Japanese yen | 127,44 |
| DKK | Danish krone | 7,4596 |
| GBP | Pound sterling | 0,85580 |
| SEK | Swedish krona | 8,5750 |
| CHF | Swiss franc | 1,2326 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,6765 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,686 |
| HUF | Hungarian forint | 293,99 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7016 |
| PLN | Polish zloty | 4,2598 |
| RON | Romanian leu | 4,4978 |
| TRY | Turkish lira | 2,5238 |
| AUD | Australian dollar | 1,4105 |
| CAD | Canadian dollar | 1,3673 |
| HKD | Hong Kong dollar | 10,3981 |
| NZD | New Zealand dollar | 1,6749 |
| SGD | Singapore dollar | 1,6841 |
| KRW | South Korean won | 1 515,21 |
| ZAR | South African rand | 13,3336 |
| CNY | Chinese yuan renminbi | 8,2139 |
| HRK | Croatian kuna | 7,4805 |
| IDR | Indonesian rupiah | 13 282,17 |
| MYR | Malaysian ringgit | 4,2250 |
| PHP | Philippine peso | 57,804 |
| RUB | Russian rouble | 43,1798 |
| THB | Thai baht | 41,197 |
| BRL | Brazilian real | 2,9208 |
| MXN | Mexican peso | 17,2401 |
| INR | Indian rupee | 78,8210 |

Currency

Exchange rate

USD

US dollar

1,3406

JPY

Japanese yen

127,44

DKK

Danish krone

7,4596

GBP

Pound sterling

0,85580

SEK

Swedish krona

8,5750

CHF

Swiss franc

1,2326

ISK

Iceland króna

NOK

Norwegian krone

7,6765

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,686

HUF

Hungarian forint

293,99

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7016

PLN

Polish zloty

4,2598

RON

Romanian leu

4,4978

TRY

Turkish lira

2,5238

AUD

Australian dollar

1,4105

CAD

Canadian dollar

1,3673

HKD

Hong Kong dollar

10,3981

NZD

New Zealand dollar

1,6749

SGD

Singapore dollar

1,6841

KRW

South Korean won

1 515,21

ZAR

South African rand

13,3336

CNY

Chinese yuan renminbi

8,2139

HRK

Croatian kuna

7,4805

IDR

Indonesian rupiah

13 282,17

MYR

Malaysian ringgit

4,2250

PHP

Philippine peso

57,804

RUB

Russian rouble

43,1798

THB

Thai baht

41,197

BRL

Brazilian real

2,9208

MXN

Mexican peso

17,2401

INR

Indian rupee

78,8210

---

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

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| 20.6.2013 | EN | Official Journal of the European Union | C 174/6 |
| --- | --- | --- | --- |

20.6.2013

EN

Official Journal of the European Union

C 174/6

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COMMISSION DECISION

of 18 June 2013

on setting up the Commission expert group on cloud computing contracts

2013/C 174/04

THE EUROPEAN COMMISSION,

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

Whereas:

| (1) | On 27 September 2012, the Commission adopted a Communication to the European Parliament, the Council, the European Social and Economic Committee and the Committee of the Regions on ‘Unleashing the Potential of Cloud Computing in Europe’ (1). In the Communication the Commission underlines its aim of enabling and facilitating faster adoption of cloud computing throughout all sectors of the economy which can cut costs of information and communication technologies, and when combined with new digital business practices, can boost productivity, growth and jobs. |
| --- | --- |

(1)

On 27 September 2012, the Commission adopted a Communication to the European Parliament, the Council, the European Social and Economic Committee and the Committee of the Regions on ‘Unleashing the Potential of Cloud Computing in Europe’ (1). In the Communication the Commission underlines its aim of enabling and facilitating faster adoption of cloud computing throughout all sectors of the economy which can cut costs of information and communication technologies, and when combined with new digital business practices, can boost productivity, growth and jobs.

| (2) | Among other actions announced in the Communication, the Commission intends to work towards safe and fair contract terms and conditions for cloud computing contracts. This work responds to stakeholder concerns relating to cloud computing contracts. On the one hand, providers of cloud computing services indicated that the complexity and uncertainty relating to the existing legal framework make cross-border activity more difficult. On the other hand, although existing Union legislation protects consumers using cloud computing services, consumers are often unaware of their rights and are not informed by the provider in a sufficiently clear and unambiguous manner about the contractual conditions. Furthermore, representatives of consumers and small and medium-sized enterprises indicated that vague and unbalanced cloud computing contracts make them reluctant to take up cloud computing services. The Commission also intends to work on personal data protection aspects relevant to cloud computing contracts. |
| --- | --- |

(2)

Among other actions announced in the Communication, the Commission intends to work towards safe and fair contract terms and conditions for cloud computing contracts. This work responds to stakeholder concerns relating to cloud computing contracts. On the one hand, providers of cloud computing services indicated that the complexity and uncertainty relating to the existing legal framework make cross-border activity more difficult. On the other hand, although existing Union legislation protects consumers using cloud computing services, consumers are often unaware of their rights and are not informed by the provider in a sufficiently clear and unambiguous manner about the contractual conditions. Furthermore, representatives of consumers and small and medium-sized enterprises indicated that vague and unbalanced cloud computing contracts make them reluctant to take up cloud computing services. The Commission also intends to work on personal data protection aspects relevant to cloud computing contracts.

| (3) | User concerns relate among others to issues in cloud computing contracts such as direct and indirect liability and its possible limitations for instance for security breaches, data integrity, confidentiality or service continuity, remedies for service failures such as downtime or loss of data, unilateral modifications of the contract made by the provider after the conclusion of the contract, termination of the contract and its effects, including the issue of data preservation. |
| --- | --- |

(3)

User concerns relate among others to issues in cloud computing contracts such as direct and indirect liability and its possible limitations for instance for security breaches, data integrity, confidentiality or service continuity, remedies for service failures such as downtime or loss of data, unilateral modifications of the contract made by the provider after the conclusion of the contract, termination of the contract and its effects, including the issue of data preservation.

| (4) | The Commission intends to facilitate an improvement of the contractual arrangements between cloud computing service providers and consumers and small firms. The intended outcome is to build trust and facilitate the uptake and development of cloud computing services in the Union, considering their significant economic potential. It also intends to facilitate the application of 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 (2) to the extent that it is relevant to cloud computing contracts. |
| --- | --- |

(4)

The Commission intends to facilitate an improvement of the contractual arrangements between cloud computing service providers and consumers and small firms. The intended outcome is to build trust and facilitate the uptake and development of cloud computing services in the Union, considering their significant economic potential. It also intends to facilitate the application of 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 (2) to the extent that it is relevant to cloud computing contracts.

| (5) | The Commission intends to facilitate stakeholder agreement promoting the use of safe and fair terms and conditions in cloud computing contracts between cloud computing service providers and consumers and small firms. The Commission should work towards this goal with the active involvement of stakeholders drawing on their expertise and experience in the cloud computing sector. For this purpose, the Commission considers it appropriate to set up a group of experts on cloud computing contracts between cloud computing service providers and consumers and small firms. The tasks of the group shall be complementary to the work of the Commission on model terms for cloud computing service level agreements for contracts between cloud providers and professional users. |
| --- | --- |

(5)

The Commission intends to facilitate stakeholder agreement promoting the use of safe and fair terms and conditions in cloud computing contracts between cloud computing service providers and consumers and small firms. The Commission should work towards this goal with the active involvement of stakeholders drawing on their expertise and experience in the cloud computing sector. For this purpose, the Commission considers it appropriate to set up a group of experts on cloud computing contracts between cloud computing service providers and consumers and small firms. The tasks of the group shall be complementary to the work of the Commission on model terms for cloud computing service level agreements for contracts between cloud providers and professional users.

| (6) | The Commission has already addressed contract law-related problems which affect the confidence of consumers and businesses in the digital single market by the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law (3). The proposal includes rules on the supply of ‘digital content’, which cover some aspects of cloud computing. The group should help to carry out complementary work on safe and fair contract terms and conditions for consumers and small firms for those cloud-related issues that lie beyond the scope of the Common European Sales Law. |
| --- | --- |

(6)

The Commission has already addressed contract law-related problems which affect the confidence of consumers and businesses in the digital single market by the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law (3). The proposal includes rules on the supply of ‘digital content’, which cover some aspects of cloud computing. The group should help to carry out complementary work on safe and fair contract terms and conditions for consumers and small firms for those cloud-related issues that lie beyond the scope of the Common European Sales Law.

| (7) | The group should include stakeholders, practitioners and organisations representing cloud services providers and customers, in particular consumers and small firms as well as representatives of legal professions or academics who have expertise in cloud computing contracts and in personal data protection aspects relevant to cloud computing contracts. The group may also include a limited number of specialists in the area of cloud computing contract law acting in their personal capacity. It should help identify best practices relating to cloud computing contracts and work towards ensuring that terms and conditions in cloud computing contracts are safe and fair. |
| --- | --- |

(7)

The group should include stakeholders, practitioners and organisations representing cloud services providers and customers, in particular consumers and small firms as well as representatives of legal professions or academics who have expertise in cloud computing contracts and in personal data protection aspects relevant to cloud computing contracts. The group may also include a limited number of specialists in the area of cloud computing contract law acting in their personal capacity. It should help identify best practices relating to cloud computing contracts and work towards ensuring that terms and conditions in cloud computing contracts are safe and fair.

| (8) | Rules on disclosure of information by members of the group of experts should be laid down. |
| --- | --- |

(8)

Rules on disclosure of information by members of the group of experts should be laid down.

| (9) | Personal data should be processed in accordance with 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. |
| --- | --- |

(9)

Personal data should be processed in accordance with 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.

| (10) | It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension, |
| --- | --- |

(10)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

Commission expert group on cloud computing contracts

The group of experts ‘Commission expert group on cloud computing contracts’, hereinafter referred to as ‘the group’, is hereby set up.

Article 2

Tasks

The group shall assist the Commission in the identification of safe and fair contract terms and conditions for cloud computing services for consumers and small firms. The group shall take into account existing best market practices in contract terms and conditions in cloud computing contracts, as well as the relevant provisions of Directive 95/46/EC.

Article 3

Consultation

The Commission may consult the group on any matter relating to contracts for cloud computing services for consumers and small firms.

Article 4

Membership — Appointment

1.   The group shall be composed of up to 30 members.

2.   Members shall be:

| (a) | individuals appointed in a personal capacity; |
| --- | --- |

(a)

individuals appointed in a personal capacity;

| (b) | individuals representing a common interest — such as the interest of providers and customers of cloud computing services or legal practitioners; |
| --- | --- |

(b)

individuals representing a common interest — such as the interest of providers and customers of cloud computing services or legal practitioners;

| (c) | organisations of cloud services providers, customers or legal practitioners. |
| --- | --- |

(c)

organisations of cloud services providers, customers or legal practitioners.

3.   Members appointed in a personal capacity shall be appointed by the Director-General of Directorate-General for Justice from specialists or academics with a specific knowledge in the areas referred to in Articles 2 and 3 who have responded to a call for applications. They shall act independently and sign an undertaking to act in the public interest and a declaration indicating the absence of any conflict of interest.

Individuals appointed to represent a common interest shall not represent an individual stakeholder. They shall be appointed by the Director-General of Directorate-General for Justice from stakeholders with competence in the areas referred to in Articles 2 and 3 who have responded to a call for applications and made a commitment to contribute to the work of the group.

Organisations shall be appointed by the Director-General of Directorate-General for Justice from organisations of stakeholders in the areas referred to in Articles 2 and 3 who have responded to a call for applications. They shall nominate their representatives.

4.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do no longer comply with the conditions set out in paragraph 3 of this Article or Article 339 of the Treaty may be replaced for the remainder of their term of office.

5.   The names of members shall be published in the Register of Commission expert groups and other similar entities (‘the Register’). For individuals representing a common interest, the stakeholder interest represented shall be indicated.

6.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

7.   Members of the group shall be appointed for the full period of application of this Decision.

Article 5

Operation

1.   The group shall be chaired by a representative of the Commission.

2.   The representative of the Commission may set up sub-groups for the purpose of examining specific issues related to cloud computing contracts for consumers and small firms, in particular regarding the implementation of provisions of Directive 95/46/EC with a relevance to cloud computing contracts. Such subgroups shall be dissolved as soon as their mandates are fulfilled.

3.   The representative of the Commission may invite experts who are not members of the group with specific competence in a subject to participate in the work of the group. In addition, the representative of the Commission may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries (4).

4.   Members of the group and their representatives as well as invited experts and observers shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5). Should they fail to respect these obligations, the Commission may take all appropriate measures.

5.   The group and its subgroups shall meet on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its subgroups.

6.   The Commission publishes all relevant documents on the activities of the group (such as agendas, minutes and participants’ submissions) either by including it in the Register or via a link from the Register to a dedicated website.

Exceptions to publication should be foreseen where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (6).

Any results or rights to them, including copyright and other intellectual or industrial property rights which arise from the activities of the group, shall be owned solely by the Union, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist (‘pre-existing rights’) prior to the work in the group being entered into where any such pre-existing rights have been declared in writing to the Commission in advance of the performance of any of the activities of the group.

Article 6

Meeting expenses

1.   Participants in the activities of the group shall not be remunerated for the services they render.

2.   The Commission shall reimburse travel expenses and, where appropriate, subsistence expenses incurred by participants in connection with the activities of the group in accordance with the Commission's rules on the compensation of external experts.

3.   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Article 7

Applicability

1.   The Decision shall apply until 1 July 2016. The Commission may decide on a possible extension before that date.

Done at Brussels, 18 June 2013.

For the Commission

Viviane REDING

Vice-President

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(1)  COM(2012) 529 final.

1

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

2

(3)  COM(2011) 635 final.

3

(4)  http://ec.europa.eu/transparency/regexpert/PDF/SEC_2010_EN.pdf

4

(5)  OJ L 317, 3.12.2001, p. 1.

5

(6)  OJ L 145, 31.5.2001, p. 43.

6

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V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 20.6.2013 | EN | Official Journal of the European Union | C 174/9 |
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20.6.2013

EN

Official Journal of the European Union

C 174/9

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NOTICE OF OPEN COMPETITION

2013/C 174/05

The European Personnel Selection Office (EPSO) is organising the following open competition:

EPSO/AD/255/13 — Croatian-Language (HR) Translators (AD 5)

The competition notice is published in 23 languages in Official Journal C 174 A of 20 June 2013.

Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/

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COURT PROCEEDINGS

EFTA Court

| 20.6.2013 | EN | Official Journal of the European Union | C 174/10 |
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20.6.2013

EN

Official Journal of the European Union

C 174/10

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Action brought on 13 March 2013 by Bentzen Transport AS against the EFTA Surveillance Authority

(Case E-2/13)

2013/C 174/06

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 13 March 2013 by Bentzen Transport AS, represented by Line Voldstad, Lawyer, Advokatfirma DLA Piper Norway DA, Postboks 1364 Vika, 0114 Oslo, Norway.

The Applicant requests the EFTA Court to:

| 1. | Annul the EFTA Surveillance Authority Decision of 19 December 2012, Case No 71620, concerning closing a case against Norway commenced following receipt of a complaint against the State in the field of public procurement; |
| --- | --- |

1.

Annul the EFTA Surveillance Authority Decision of 19 December 2012, Case No 71620, concerning closing a case against Norway commenced following receipt of a complaint against the State in the field of public procurement;

| 2. | Order the EFTA Surveillance Authority to pay the costs of the proceedings. |
| --- | --- |

2.

Order the EFTA Surveillance Authority to pay the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The Applicant is a local Norwegian company operating in the waste-management business since 1992. |
| --- | --- |

—

The Applicant is a local Norwegian company operating in the waste-management business since 1992.

| — | The basis for the application is the EFTA Surveillance Authority’s Decision in Case No 71620, not to initiate procedure against Norway when requested by the applicant to assess whether the Norwegian Government’s management of a tender process was in compliance with the directives under the EEA Agreement. |
| --- | --- |

—

The basis for the application is the EFTA Surveillance Authority’s Decision in Case No 71620, not to initiate procedure against Norway when requested by the applicant to assess whether the Norwegian Government’s management of a tender process was in compliance with the directives under the EEA Agreement.

The Applicant claims, inter alia, that:

| — | the EFTA Surveillance Authority has not assessed whether the awarding of the public contract was in compliance with Directive 2004/18/EC and thus infringed its duty to uphold Article 2 of Directive 2004/18/EC and the fundamental rules of the EEA Agreement applicable to public procurement and asserts that the principle of equal treatment has been violated; |
| --- | --- |

—

the EFTA Surveillance Authority has not assessed whether the awarding of the public contract was in compliance with Directive 2004/18/EC and thus infringed its duty to uphold Article 2 of Directive 2004/18/EC and the fundamental rules of the EEA Agreement applicable to public procurement and asserts that the principle of equal treatment has been violated;

| — | the EFTA Surveillance Authority infringed its special duty under Article 23 of the Surveillance and Court Agreement to ensure that the regulations in the EEA Agreement relating to public procurement are upheld by the EFTA States; and |
| --- | --- |

—

the EFTA Surveillance Authority infringed its special duty under Article 23 of the Surveillance and Court Agreement to ensure that the regulations in the EEA Agreement relating to public procurement are upheld by the EFTA States; and

| — | the EFTA Surveillance Authority has infringed its duty to state reasons, cf. Article 16 SCA. |
| --- | --- |

—

the EFTA Surveillance Authority has infringed its duty to state reasons, cf. Article 16 SCA.

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| 20.6.2013 | EN | Official Journal of the European Union | C 174/11 |
| --- | --- | --- | --- |

20.6.2013

EN

Official Journal of the European Union

C 174/11

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Action brought on 6 April 2013 by DB Schenker against the EFTA Surveillance Authority

(Case E-4/13)

2013/C 174/07

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 6 April 2013 by Schenker North AB, Schenker Privpak AB and Schenker Privpak AS (collectively DB Schenker), represented by Jon Midthjell, advokat, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, Norway.

The applicants request the EFTA Court to:

| 1. | Annul ESA’s decision of 7 February 2013 in Case No 73038 (DB Schenker — access to documents) in so far as it denies access to the inspection documents in Case No 34250 (Norway Post/Privpak); |
| --- | --- |

1.

Annul ESA’s decision of 7 February 2013 in Case No 73038 (DB Schenker — access to documents) in so far as it denies access to the inspection documents in Case No 34250 (Norway Post/Privpak);

| 2. | Order ESA (and any intervener) to bear the costs. |
| --- | --- |

2.

Order ESA (and any intervener) to bear the costs.

Legal and factual background and pleas in law adduced in support:

| — | The applicants, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS are part of the DB Schenker group, an international freight forwarding and logistic group. Schenker North AB runs the group’s business operations in Norway, Sweden and Denmark, including the subsidiaries Schenker Privpak AS and Schenker Privpak AB. |
| --- | --- |

—

The applicants, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS are part of the DB Schenker group, an international freight forwarding and logistic group. Schenker North AB runs the group’s business operations in Norway, Sweden and Denmark, including the subsidiaries Schenker Privpak AS and Schenker Privpak AB.

| — | The applicants submitted a request for access to the documents in Case No 34250 on 3 August 2010 under the rules on public access to documents established by ESA Decision No 407/08/COL on 27 June 2008 (RAD). In a decision dated 16 August 2011, ESA refused access to certain documents in the file (‘inspection documents’). The decision was annulled by a judgment of the EFTA Court in Case E-14/11, 21 December 2012, insofar as it denied full or partial access to inspection documents in Case No 34250 Norway Post/Privpak. |
| --- | --- |

—

The applicants submitted a request for access to the documents in Case No 34250 on 3 August 2010 under the rules on public access to documents established by ESA Decision No 407/08/COL on 27 June 2008 (RAD). In a decision dated 16 August 2011, ESA refused access to certain documents in the file (‘inspection documents’). The decision was annulled by a judgment of the EFTA Court in Case E-14/11, 21 December 2012, insofar as it denied full or partial access to inspection documents in Case No 34250 Norway Post/Privpak.

| — | New rules on public access to documents were enacted by way of ESA Decision No 300/12/COL on 5 September 2012. On 7 February 2013 ESA adopted a decision denying access to a number of the inspection documents under the new rules on public access to documents. The applicants seek to annul that decision under Article 36 SCA. |
| --- | --- |

—

New rules on public access to documents were enacted by way of ESA Decision No 300/12/COL on 5 September 2012. On 7 February 2013 ESA adopted a decision denying access to a number of the inspection documents under the new rules on public access to documents. The applicants seek to annul that decision under Article 36 SCA.

The applicants claim that the EFTA Surveillance Authority has inter alia:

| — | taken an unlawful starting point by considering that RAD 2012 is not part of EEA law and not subject to the principle of homogenous interpretation, and given the new rules unlawful retroactive effect; |
| --- | --- |

—

taken an unlawful starting point by considering that RAD 2012 is not part of EEA law and not subject to the principle of homogenous interpretation, and given the new rules unlawful retroactive effect;

| — | infringed Article 4(4) RAD 2012 and the duty to state reasons, cf. Article 16 SCA; and |
| --- | --- |

—

infringed Article 4(4) RAD 2012 and the duty to state reasons, cf. Article 16 SCA; and

| — | infringed the right to partial access in Article 4(9) RAD 2012 and the duty to state reasons, cf. Article 16 SCA. |
| --- | --- |

—

infringed the right to partial access in Article 4(9) RAD 2012 and the duty to state reasons, cf. Article 16 SCA.

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| 20.6.2013 | EN | Official Journal of the European Union | C 174/12 |
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20.6.2013

EN

Official Journal of the European Union

C 174/12

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Action brought on 8 April 2013 by DB Schenker against the EFTA Surveillance Authority

(Case E-5/13)

2013/C 174/08

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 8 April 2013 by Schenker North AB, Schenker Privpak AB and Schenker Privpak AS (collectively ‘DB Schenker’), represented by Jon Midthjell, advokat, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, Norway.

The applicants request the EFTA Court to:

| 1. | annul ESA’s decision of 25 January 2013 in ESA Case No 73075 (DB Schenker) in so far as it refuses full or partial access under Article 3(a) RAD 2012 and Articles 4(4) and 4(6) RAD 2012 to documents belonging to the case files that led to ESA Decision No 321/10/COL (Norway Post — loyalty/discount system) and refuses to grant access to the complete version of ESA Decision No 321/10/COL; |
| --- | --- |

1.

annul ESA’s decision of 25 January 2013 in ESA Case No 73075 (DB Schenker) in so far as it refuses full or partial access under Article 3(a) RAD 2012 and Articles 4(4) and 4(6) RAD 2012 to documents belonging to the case files that led to ESA Decision No 321/10/COL (Norway Post — loyalty/discount system) and refuses to grant access to the complete version of ESA Decision No 321/10/COL;

| 2. | annul ESA’s decision of 18 February 2013 in ESA Case No 73075 (DB Schenker) in so far as it refuses full or partial access under Articles 4(4) and 4(6) RAD 2012 to documents belonging to the case files that led to ESA Decision No 321/10/COL (Norway Post — loyalty/discount system); |
| --- | --- |

2.

annul ESA’s decision of 18 February 2013 in ESA Case No 73075 (DB Schenker) in so far as it refuses full or partial access under Articles 4(4) and 4(6) RAD 2012 to documents belonging to the case files that led to ESA Decision No 321/10/COL (Norway Post — loyalty/discount system);

| 3. | order ESA (and any intervener) to bear the costs. |
| --- | --- |

3.

order ESA (and any intervener) to bear the costs.

Legal and factual background and pleas in law adduced in support:

| — | The applicants, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS, are part of the DB Schenker group, an international freight forwarding and logistic group. Schenker North AB runs the group’s business operations in Norway, Sweden and Denmark, including the subsidiaries Schenker Privpak AS and Schenker Privpak AB. |
| --- | --- |

—

The applicants, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS, are part of the DB Schenker group, an international freight forwarding and logistic group. Schenker North AB runs the group’s business operations in Norway, Sweden and Denmark, including the subsidiaries Schenker Privpak AS and Schenker Privpak AB.

| — | The applicants submitted a confirmatory application with ESA, on 14 January 2013, for access to documents in the case files that led to ESA Decision No 321/10/COL (Norway Post — loyalty/discount system) of 14 July 2010. On 25 January 2013 and 18 February 2013, ESA decided on the access request under its new rules on public access to documents (RAD 2012), enacted by way of ESA Decision No 300/12/COL on 5 September 2012. The applicants seek to annul those decisions under Article 36 SCA in so far as they deny full or partial access to the documents it requested. |
| --- | --- |

—

The applicants submitted a confirmatory application with ESA, on 14 January 2013, for access to documents in the case files that led to ESA Decision No 321/10/COL (Norway Post — loyalty/discount system) of 14 July 2010. On 25 January 2013 and 18 February 2013, ESA decided on the access request under its new rules on public access to documents (RAD 2012), enacted by way of ESA Decision No 300/12/COL on 5 September 2012. The applicants seek to annul those decisions under Article 36 SCA in so far as they deny full or partial access to the documents it requested.

The applicants claim that the EFTA Surveillance Authority has:

| — | infringed the public right of access to documents in Article 2(1) RAD 2012 and the duty to state reasons, cf. Article 16 SCA with regards to documents denied under Article 3(a) RAD 2012, |
| --- | --- |

—

infringed the public right of access to documents in Article 2(1) RAD 2012 and the duty to state reasons, cf. Article 16 SCA with regards to documents denied under Article 3(a) RAD 2012,

| — | infringed the public right of access to documents in Article 2(1) RAD 2012 with regard to documents refused access to, in full or in part, under Article 4(6) RAD 2012, and |
| --- | --- |

—

infringed the public right of access to documents in Article 2(1) RAD 2012 with regard to documents refused access to, in full or in part, under Article 4(6) RAD 2012, and

| — | infringed the public right of access to documents in Article 2(1) RAD 2012 and the duty to state reasons, cf. Article 16 SCA with regard to documents refused access to, in full or in part, under Article 4(4) RAD 2012. |
| --- | --- |

—

infringed the public right of access to documents in Article 2(1) RAD 2012 and the duty to state reasons, cf. Article 16 SCA with regard to documents refused access to, in full or in part, under Article 4(4) RAD 2012.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 20.6.2013 | EN | Official Journal of the European Union | C 174/13 |
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20.6.2013

EN

Official Journal of the European Union

C 174/13

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Prior notification of a concentration

(Case COMP/M.6933 — Vitol/Phillips 66 Power Operations)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 174/09

| 1. | On 14 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vitol Holding BV (‘Vitol’, the Netherlands), through one of its indirectly wholly-owned subsidiaries, Teak Power Operations Limited (‘Teak’, UK), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Phillips 66 Power Operations Limited (‘PPOL’, UK) by way of a purchase of shares. |
| --- | --- |

1.

On 14 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vitol Holding BV (‘Vitol’, the Netherlands), through one of its indirectly wholly-owned subsidiaries, Teak Power Operations Limited (‘Teak’, UK), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Phillips 66 Power Operations Limited (‘PPOL’, UK) by way of a purchase of shares.

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






  — | for Vitol: worldwide company active in trading of various commodities, including crude oil, oil products, LNG, natural gas, coal, electricity and carbon emissions, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Vitol: worldwide company active in trading of various commodities, including crude oil, oil products, LNG, natural gas, coal, electricity and carbon emissions,

| — | for PPOL: active in UK in the generation and wholesale supply of electricity, in the retail supply of electricity and industrial process steam to local industrial customers. |
| --- | --- |

—

for PPOL: active in UK in the generation and wholesale supply of electricity, in the retail supply of electricity and industrial process steam to local industrial customers.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6933 — Vitol/Phillips 66 Power Operations, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6933 — Vitol/Phillips 66 Power Operations, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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