17.5.2018

Official Journal of the European Union

C 170/1

Euro exchange rates (1)

16 May 2018

(2018/C 170/01)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1784
JPY	Japanese yen	129,83
DKK	Danish krone	7,4487
GBP	Pound sterling	0,87418
SEK	Swedish krona	10,2903
CHF	Swiss franc	1,1792
ISK	Iceland króna	123,00
NOK	Norwegian krone	9,5715
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,545
HUF	Hungarian forint	317,27
PLN	Polish zloty	4,2889
RON	Romanian leu	4,6350
TRY	Turkish lira	5,2178
AUD	Australian dollar	1,5741
CAD	Canadian dollar	1,5161
HKD	Hong Kong dollar	9,2504
NZD	New Zealand dollar	1,7115
SGD	Singapore dollar	1,5824
KRW	South Korean won	1 274,50
ZAR	South African rand	14,7584
CNY	Chinese yuan renminbi	7,5137
HRK	Croatian kuna	7,3830
IDR	Indonesian rupiah	16 582,15
MYR	Malaysian ringgit	4,6712
PHP	Philippine peso	61,715
RUB	Russian rouble	73,5977
THB	Thai baht	37,874
BRL	Brazilian real	4,3294
MXN	Mexican peso	23,2843
INR	Indian rupee	79,8925

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

17.5.2018

Official Journal of the European Union

C 170/2

Summary of the Opinion of the EDPS on eight negotiating mandates to conclude international agreements allowing the exchange of data between Europol and third countries

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

(2018/C 170/02)

1. INTRODUCTION AND BACKGROUND

The Europol Regulation (1) lays down specific rules regarding transfers of data by Europol outside of the EU. Article 25(1) thereof lists a number of legal grounds based on which Europol could lawfully transfer data to authorities of third countries. One possibility would be an adequacy decision of the Commission in accordance with Article 36 of Directive (EU) 2016/680 of the European Parliament and of the Council (2) finding that the third country to which Europol transfers data ensures an adequate level of protection. Since there is no such adequacy decisions at the moment, the other alternative for Europol to regularly transfer data to a third country would be to use an appropriate framework resulting from the conclusion of a binding international agreement between the EU and the receiving third country.

On 20 December 2017, the Commission adopted eight Recommendations (3) for Council Decisions to authorise the opening of negotiations for international agreements between the European Union (EU) and eight third countries of the Middle East and North African (MENA) regions, i.e. Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Tunisia and Turkey. Such international agreements would provide the required legal basis for the exchange of personal data between Europol and the authorities of these third countries competent to fight serious crimes and terrorism.

The Commission considers that there is a need for closer cooperation between Europol and these eight countries in light of the EU political strategy outlined in the European Agenda on Security (4), Council Conclusions (5), and the Global Strategy of the EU's Foreign and Security Policy (6) as well as the operational needs of law enforcement authorities across the EU and of Europol. These eight third countries were also identified in the Eleventh Progress Report towards a genuine and effective Security Union (7). Cooperation with MENA countries is envisaged as a whole (8). The current instability in the region, especially the situation in Syria and Iraq, is identified as presenting a significant long-term security threat to the EU. This concerns both the effective fight against terrorism and related organised crime, and migration-related challenges such as the facilitation of irregular migration and trafficking in human beings. Cooperation with local law enforcement is also perceived as critical to address these challenges.

In accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU), the Commission will be responsible for negotiating these international agreements with third countries on behalf of the EU. With these eight Recommendations, the Commission seeks to obtain authorisation from the Council of the European Union (Council) to start the negotiations with the eight third countries identified. Once the negotiations are completed, in order to formally conclude these agreements, the European Parliament will have to give its consent to the texts of the agreements negotiated, while the Council will have to sign the agreements.

5. CONCLUSION

The EDPS welcomes the attention paid to data protection in the Annexes to the Commission Recommendations of 20 December 2017 that will constitute the mandate of the Commission to negotiate on behalf of the EU the respective international agreements with each one of the eight MENA countries for which cooperation with Europol is envisaged.

The necessity and proportionality of the international agreements envisaged to allow Europol to regularly transfer data to the competent authorities of the eight third countries in question need to be fully assessed to ensure compliance with Article 52(1) of the Charter. To allow such an in depth assessment on a case-by-case basis, the EDPS recommends to further narrow down and differentiate the needs for transfers based on the particular situation of each third country and the reality on the ground. The scope of each international agreement and the purposes for transfers to each third country should be further specified accordingly in the Annexes. The EDPS recommends further carrying out impact assessments to better assess the risks posed by transfers of data to these third countries for individuals' rights to privacy and data protection, but also for other fundamental rights and freedoms protected by the Charter, in order to define the precise safeguards necessary.

The EDPS notes that, pursuant to Article 25(1)(b) of the Europol Regulation, Europol could regularly transfer data to a third country through the conclusion of a binding international agreement between the EU and the receiving third country on the condition that such agreement adduce appropriate safeguards. The EDPS considers that ‘adducing appropriate safeguards’ within the meaning of the Europol Regulation implies that the international agreements concluded with third countries should:

—	ensure full consistency with Article 8 of the Charter in the receiving third countries, in particular with the purpose limitation principle, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter,

—	follow Opinion 1/15 of the CJEU by ensuring that the level of protection resulting from these agreements be essentially equivalent to the level of protection in EU law,

—

apply mutatis mutandis the criteria included in Recital 71 of Directive (EU) 2016/680, i.e. transfers of personal data are subject to confidentiality obligations, the principle of specificity and the fact that the personal data will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment,

—	mirror specific safeguards included in the Europol Regulation, such as restrictions specified by information providers, and

—	apply essential guarantees in the context of criminal investigations and include safeguards that address on a case-by-case basis the foreseeable risks that transfers to these third countries could pose with respect to other fundamental rights and freedoms.

In addition to these general recommendations, the recommendations and comments of the EDPS in the present Opinion relate to the following specific aspects of the future international agreements to be negotiated with MENA countries in the negotiating mandates:

—	the purpose limitation and purpose specification principles regarding data transferred by Europol,

—	onward transfers by competent authorities of the third countries in question,

—	restrictions on the processing of information transferred by Europol to the competent authorities of the third countries,

—	independent oversight ensured in the third countries,

—	the rights of data subjects,

—	transfer of special categories of data to the competent authorities of the third countries,

—	data retention of the data transferred by Europol, and

—	the possibility to suspend and terminate the international agreements in cases of breaches of their provisions.

Done at Brussels, 14 March 2018.

Giovanni BUTTARELLI

European Data Protection Supervisor

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

(2) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(3) Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism, COM(2017) 798 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Turkey on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Turkish competent authorities for fighting serious crime and terrorism, COM(2017) 799 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism, COM(2017) 805 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the State of Israel on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Israeli competent authorities for fighting serious crime and terrorism, COM(2017) 806 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and Tunisia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Tunisian competent authorities for fighting serious crime and terrorism, COM(2017) 807 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism, COM(2017) 808 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian competent authorities for fighting serious crime and terrorism, COM(2017) 809 final; Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian competent authorities for fighting serious crime and terrorism, COM(2017) 811 final.

(4) Communication from the Commission of 28 April 2015 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — The European Agenda On Security, COM(2015) 185 final.

(5) Conclusions from the Council of 19 June 2017 on EU External Action on Counter-terrorism, Document 10384/17.

(6) Shared Vision, Common Action: A Stronger Europe — A Global Strategy for the European Union's Foreign and Security Policy, available at: http://europa.eu/globalstrategy/en

(7) Communication from the Commission of 18 October 2017 to the European Parliament, the European Council and the Council — Eleventh progress report towards an effective and genuine Security Union, COM(2017) 608 final.

(8) See the Memorandum of Understanding of all Commission Recommendations for Council Decisions tabled on 20 December 2017, except for the one concerning Israel.

17.5.2018

Official Journal of the European Union

C 170/5

No state aid within the meaning of Article 61(1) of the EEA Agreement

(2018/C 170/03)

The EFTA Surveillance Authority considers that the following measure does not constitute state aid within the meaning of Article 61(1) of the EEA Agreement:

Date of adoption of the decision

7 February 2018

Case No

81382

Decision No

017/18/COL

EFTA State

Norway

Region

Title (and/or name of the beneficiary)

Compensation for pension costs to non-profit organisations providing certain health and child welfare services

Legal basis

Type of measure

Scheme

Objective

Health care and social services

Form of aid

Grants

Budget

NOK 1,1 billion

Intensity

Duration

100 years

Economic sectors

Health care and social services

Name and address of the granting authority

Ministry of Health and Care Services

PO Box 8011 Dep

N-0030 Oslo

NORWAY

Other information

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

17.5.2018

Official Journal of the European Union

C 170/6

State aid — Decision to raise no objections

(2018/C 170/04)

The EFTA Surveillance Authority raises no objections to the following State aid measure:

Date of adoption of the decision

22 February 2018

Case No

81568

Decision No

027/18/COL

EFTA State

Norway

Region

Title (and/or name of the beneficiary)

NOx tax exemption for 2018-2025

Legal basis

NOx Agreement 2018-2025

Type of measure

Scheme

Objective

Environmental protection

Form of aid

Tax exemption

Budget

NOK 14 billion

Intensity

Duration

2018-2025

Economic sectors

All undertakings subject to NOx tax

Name and address of the granting authority

Norwegian Ministry of Climate and Environment

PO Box 8013 Dep

N-0030 Oslo

NORWAY

Other information

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

17.5.2018

Official Journal of the European Union

C 170/9

Prior notification of a concentration

(Case M.8861 — Comcast/Sky)

(Text with EEA relevance)

(2018/C 170/07)

On 7 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Comcast Corporation (United States), and

—	Sky plc (United Kingdom).

Comcast Corporation acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Sky plc.

The concentration is accomplished by way of public bid announced on 25 April 2018.

The business activities of the undertakings concerned are:

— for Comcast Corporation: Comcast is a US listed global media, technology and entertainment company, with two primary businesses: Comcast Cable and NBCUniversal (‘NBCU’). Comcast is present in Europe almost entirely through NBCU, which is active in Europe in: (i) production, sales and distribution of film and television content; (ii) wholesale supply of TV channels and on-demand services; (iii) CNBC, a business news service, as well as NBC News; (iv) the provision of television content to end-users through NBCU’s video-on- demand service; (v) the licensing of its intellectual property to manufacturers and distributors of consumer products; (vi) minor golf-related digital businesses; and (vii) minor direct-to-consumer DVD and Blu-ray, SteelBooks and music disk sales,

— for Sky plc: Sky is a UK public company whose shares are listed on the London Stock Exchange. Sky is the holding company of a number of subsidiaries carrying on business in a variety of sectors predominantly in the UK, Ireland, Germany, Austria and Italy, including: (i) licensing/acquisition of audiovisual programming; (ii) TV channel wholesale supply in the UK and Ireland; (iii) retailing of audiovisual programming to subscribers; (iv) provision of technical platform services to broadcasters on Sky’s DTH platforms in the UK, Ireland, Germany and Austria; (v) sale of TV advertising; (vi) in the UK and Ireland, the provision of fixed-line retail telephony and broadband services; (vii) in the UK, the provision of mobile communications services; and (viii) in the UK, provision of access to public Wi-Fi hotspots.

3.	On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

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. The following reference should always be specified:

M.8861 — Comcast/Sky

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

17.5.2018

Official Journal of the European Union

C 170/11

Prior notification of a concentration

(Case M.8884 — Altor Funds/Trioplast Industrier)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 170/08)

On 4 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Altor Funds (Sweden),

—	Trioplast Industrier AB (Sweden).

Altor Funds acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Trioplast Industrier.

The concentration is accomplished by way of purchase of shares.

2.	The business activities of the undertakings concerned are: — for Altor Funds: private equity funds with focus on investments in the mid-market segment of the Nordic region, — for Trioplast Industrier: manufacturing of packaging solutions based on polyethylene film.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified:

M.8884 — Altor Funds/Trioplast Industrier

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.

17.5.2018

Official Journal of the European Union

C 170/12

Prior notification of a concentration

(Case M.8887 — Platinum Equity/LifeScan)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 170/09)

On 4 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Platinum Equity (‘Platinum’, United States),

—	LifeScan, Inc., part of Johnson&Johnson (United States).

The proposed concentration consists of the acquisition by Platinum of the LifeScan blood glucose monitoring business. Platinum will acquire sole control of LifeScan within the meaning of Article 3(1)(b) of the Merger Regulation.

The concentration is accomplished by way of purchase of shares and assets through a special purpose vehicle.

The business activities of the undertakings concerned are:

— for Platinum: a private investment firm, specialised in the merger, acquisition and operation of companies in a broad range of businesses, including information technology, telecommunications, logistics, metal services, manufacturing and distribution at global level,

— for LifeScan: provides blood glucose monitoring systems for home and hospital use under the global brand OneTouch. The OneTouch portfolio includes personal blood glucose meters, testing strips, lancets, point of care testing systems and integrated digital solutions.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

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. The following reference should always be specified:

M.8887 — Platinum Equity/LifeScan

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.

		ISSN 1977-091X
Official Journal of the European Union		C 170

English edition	Information and Notices	Volume 61 17 May 2018

	V Announcements
	ADMINISTRATIVE PROCEDURES
	European Commission
2018/C 170/05	Call for proposals under the multi-annual work programme for financial assistance in the field of Connecting Europe Facility (CEF) — Transport sector for the period 2014-2020 (Commission Implementing Decision C(2018) 2226 of 19 April 2018 amending Implementing Decision C(2014) 1921)	7
	European Personnel Selection Office (EPSO)
2018/C 170/06	Notice of open competitions	8
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2018/C 170/07	Prior notification of a concentration (Case M.8861 — Comcast/Sky) ( 1 )	9
2018/C 170/08	Prior notification of a concentration (Case M.8884 — Altor Funds/Trioplast Industrier) — Candidate case for simplified procedure ( 1 )	11
2018/C 170/09	Prior notification of a concentration (Case M.8887 — Platinum Equity/LifeScan) — Candidate case for simplified procedure ( 1 )	12

Notice No	Contents	page
	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 170/01	Euro exchange rates	1
	European Data Protection Supervisor
2018/C 170/02	Summary of the Opinion of the EDPS on eight negotiating mandates to conclude international agreements allowing the exchange of data between Europol and third countries	2
	NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
	EFTA Surveillance Authority
2018/C 170/03	No state aid within the meaning of Article 61(1) of the EEA Agreement	5
2018/C 170/04	State aid — Decision to raise no objections	6