On 20 December 2022, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.10806 – BROADCOM / VMWARE, 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 ‘Merger Regulation’).

On 31 August 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). 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/homepage.html?locale=en) under document number 32023M11139. EUR-Lex is the online point of access to European Union law.

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(1)   OJ L 24, 29.1.2004, p. 1.

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2020/1999 (1), as amended by Council Decision (CFSP) 2023/1716 (2), and in Annex I to Council Regulation (EU) 2020/1998 (3) as implemented by Council Implementing Regulation (EU) 2023/1715 (4), concerning restrictive measures against serious human rights violations and abuses.

The Council of the European Union has decided that those persons should be included on the list of natural and legal persons, entities, and bodies subject to restrictive measures provided for in Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998. The grounds for designations of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) 2020/1998, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons and entities concerned may submit a request to the Council before 25 September 2023, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council's periodic review, pursuant to Article 10 of Decision (CFSP) 2020/1999.

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(1)   OJ L 410 I, 7.12.2020, p. 13.

(2)   OJ L 221 I, 8.9.2023, p. 6.

(3)   OJ L 410 I, 7.12.2020, p. 1.

(4)   OJ L 221 I, 8.9.2023, p. 1.

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal bases for this processing operation are Council Decision (CFSP) 2020/1999 (2), as amended by Council Decision (CFSP) 2023/1716 (3), and Council Regulation (EU) 2020/1998 (4), as implemented by Council Implementing Regulation (EU) 2023/1715 (5).

The controller of this processing operation is the Council of the European Union represented by the Director-General of Directorate-General for External Relations (RELEX) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1 that can be contacted at:

Council of the European Union General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The Data Protection Officer of the Council can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision (CFSP) 2020/1999, as amended by Decision (CFSP) 2023/1716, and Regulation (EU) 2020/1998 as implemented by Implementing Regulation (EU) 2023/1715, concerning restrictive measures against serious human rights violations and abuses.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Council Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related to the grounds for listing.

The legal bases for the handling of personal data are the Council Decisions adopted under Article 29 TEU and Council Regulations adopted under Article 215 TFEU designating natural persons (data subjects) and imposing the freezing of assets and travel restrictions.

Processing is necessary for the performance of a task carried out in the public interest in accordance with Article 5(1)(a) and for compliance with legal obligations laid down in above-mentioned legal acts to which the controller is subject in accordance with Article 5(1)(b) of Regulation (EU) 2018/1725.

Processing is necessary for reasons of substantial public interest in accordance with Article 10(2)(g) of Regulation (EU) 2018/1725.

The Council may obtain personal data of data subjects from Member States and/or the European External Action Service. The recipients of the personal data are Member States, the European Commission and the European External Action Service.

All personal data processed by the Council in the context of EU autonomous restrictive measures will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired or, if a legal action is brought before the Court of Justice, until a final judgment has been handed down. Personal data contained in documents registered by the Council are kept by the Council for archiving purposes in the public interest, within the meaning of Art. 4(1)(e) of Regulation (EU) 2018/1725.

The Council may need to exchange personal data regarding a data subject with a third country or international organisation in the context of the Council’s transposition of UN designations or in the context of international cooperation regarding the EU’s restrictive measures policy.

In the absence of an adequacy decision, or of appropriate safeguards, transfer of personal data to a third country or an international organisation is based on the following condition(s), pursuant to Article 50 of Regulation (EU) 2018/1725:

—	the transfer is necessary for important reasons of public interest;

—	the transfer is necessary for the establishment, exercise or defence of legal claims.

No automated decision-making is involved in the processing of the data subject's personal data.

Data subjects have the right of information and the right of access to their personal data. They also have the right to correct and complete their data. Under certain circumstances, they may have the right to obtain the erasure of their personal data, or the right to object to the processing of their personal data or to ask for it to be restricted.

Data subjects can exercise these rights by sending an e-mail to the controller with a copy to the Data Protection Officer as indicated above.

Attached to their request, the data subjects must provide a copy of an identification document to confirm their identity (ID card or passport). This document should contain an identification number, country of issue, period of validity, name, address and date of birth. Any other data contained in the copy of the identification document such as photo or any personal characteristics may be blacked out.

Data subjects have the right to lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

Before doing so, it is recommended that data subjects first try to obtain a remedy by contacting the controller and/or the Data Protection Officer of the Council.

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(1)   OJ L 295, 21.11.2018, p. 39.

(2)   OJ L 410 I, 7.12.2020, p. 13.

(3)   OJ L 221 I, 8.9.2023, p. 6.

(4)   OJ L 410 I, 7.12.2020, p. 1.

(5)   OJ L 221 I, 8.9.2023, p. 1.

1 euro =

	Currency	Exchange rate
USD	US dollar	1,0704
JPY	Japanese yen	157,84
DKK	Danish krone	7,4591
GBP	Pound sterling	0,85735
SEK	Swedish krona	11,9040
CHF	Swiss franc	0,9543
ISK	Iceland króna	143,30
NOK	Norwegian krone	11,4220
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,452
HUF	Hungarian forint	385,70
PLN	Polish zloty	4,6213
RON	Romanian leu	4,9630
TRY	Turkish lira	28,7390
AUD	Australian dollar	1,6743
CAD	Canadian dollar	1,4623
HKD	Hong Kong dollar	8,3915
NZD	New Zealand dollar	1,8127
SGD	Singapore dollar	1,4605
KRW	South Korean won	1 428,51
ZAR	South African rand	20,4370
CNY	Chinese yuan renminbi	7,8565
IDR	Indonesian rupiah	16 438,40
MYR	Malaysian ringgit	5,0057
PHP	Philippine peso	60,660
RUB	Russian rouble
THB	Thai baht	38,042
BRL	Brazilian real	5,3238
MXN	Mexican peso	18,7019
INR	Indian rupee	88,8610

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

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

(2)   OJ C 160, 5.5.2023, p. 1.

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

(2)   OJ C 366, 14.12.2013, p. 5.