12.10.2012

EN

Official Journal of the European Union

C 308/1

---

COMMISSION OPINION

of 11 October 2012

relating to the plan for the disposal of radioactive waste arising from the dismantling of the Bugey-1 Nuclear Power Station, located in France, in accordance with Article 37 of the Euratom Treaty

(Only the French text is authentic)

2012/C 308/01

The assessment below is carried out under the provisions of the Euratom Treaty, without prejudice to any additional assessments to be carried out under the Treaty on the Functioning of the European Union and the obligations stemming from it and from secondary legislation (1).

On 4 May 2012, the European Commission received from the French Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste arising from the dismantling of the Bugey-1 Nuclear Power Station.

On the basis of these data, and following consultation with the Group of Experts, the Commission has drawn-up the following opinion:

1.	The distances between the Bugey-1 power station and the nearest border with another Member State are 117 km for Italy and 226 km for Germany.

2.	During normal dismantling operations the discharges of liquid and gaseous radioactive effluents are not liable to cause an exposure of the population in another Member State that would be significant from the point of view of health.

3.	Solid radioactive waste is temporarily stored on site before being transferred to licensed treatment or disposal facilities located in France. There are no plans to export radioactive waste out of France.

4.

The Commission recommends that the residual activity concentration checks, carried out to confirm the conventional nature of the solid waste after decontamination, be such that compliance with the clearance criteria laid down in the basic safety standards directive (Directive 96/29/Euratom) is ensured.

5.	In the event of unplanned releases of radioactive effluents that may follow an accident of the type and magnitude considered in the General Data, the doses likely to be received by the population in another Member State would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form, arising from the dismantling of the Bugey-1 Nuclear Power Station, located in France, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

---

(1)  For instance, under the Treaty on the Functioning of the European Union, environmental aspects should be further assessed. Indicatively, the Commission would like to draw attention to the provisions of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, as well as to the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2000/60/EC establishing a framework for Community action in the field of water policy.

---

12.10.2012

EN

Official Journal of the European Union

C 308/3

---

Communication from the Commission — European Union framework for State aid in the form of public service compensation (2011)

Acceptance by all Member States of the Commission's proposal of the appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union

(pursuant to Article 26(1) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 EC  (1) )

2012/C 308/02

In paragraph 70 of the Communication from the Commission — European Union framework for State aid in the form of public service compensation (2011) (2), the Commission proposed as appropriate measures that Member States publish a list of existing aid schemes that have to be brought in line with this Communication by 31 January 2013 and that they bring those schemes in line with this Communication by 31 January 2014. The Commission requested the Member States to confirm to the Commission by 29 February 2012 that they agree to the appropriate measures proposed (paragraph 71 of this Communication).

All Member States have given their explicit and unconditional agreement to the proposed appropriated measures.

Pursuant to Article 19(1) of Regulation (EC) No 659/1999, the Commission hereby takes note of the unconditional and explicit agreement to the appropriate measures by all Member States.

---

(1)  OJ L 83, 27.3.1999, p. 1.

(2)  OJ C 8, 11.1.2012, p. 15.

---

12.10.2012

EN

Official Journal of the European Union

C 308/4

---

Initiation of proceedings

(Case COMP/M.6663 — Ryanair/Aer Lingus III)

(Text with EEA relevance)

2012/C 308/03

On 29 August 2012, the Commission decided to initiate proceedings in the abovementioned 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.

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 fax (+32 22964301 / 22967244) or by post, under reference COMP/M.6663 — Ryanair/Aer Lingus III, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

12.10.2012

EN

Official Journal of the European Union

C 308/5

---

COUNCIL DECISION

of 24 September 2012

renewing the Governing Board of the European Centre for the Development of Vocational Training

2012/C 308/04

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 by the Greek Government,

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.

(2)	The members of the Governing Board of that Centre should be appointed for a period of three years,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2015:

GOVERNMENT REPRESENTATIVE:

Greece

Mr Dimitrios V. SKIADAS

---

(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.

---

12.10.2012

EN

Official Journal of the European Union

C 308/6

---

COUNCIL DECISION

of 24 September 2012

renewing the Governing Board of the European Centre for the Development of Vocational Training

2012/C 308/05

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 by the Latvian Government,

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.

(2)	A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Janis GAIGALS,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2015:

GOVERNMENT REPRESENTATIVE:

Latvia

Ms Nellija TITOVA

---

(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.

---

12.10.2012

EN

Official Journal of the European Union

C 308/7

---

Euro exchange rates (1)

11 October 2012

2012/C 308/06

1 euro =

	Currency	Exchange rate
USD	US dollar	1,2918
JPY	Japanese yen	101,26
DKK	Danish krone	7,4588
GBP	Pound sterling	0,80525
SEK	Swedish krona	8,6627
CHF	Swiss franc	1,2087
ISK	Iceland króna
NOK	Norwegian krone	7,3825
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,940
HUF	Hungarian forint	281,85
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6961
PLN	Polish zloty	4,0910
RON	Romanian leu	4,5703
TRY	Turkish lira	2,3407
AUD	Australian dollar	1,2573
CAD	Canadian dollar	1,2645
HKD	Hong Kong dollar	10,0148
NZD	New Zealand dollar	1,5796
SGD	Singapore dollar	1,5857
KRW	South Korean won	1 438,56
ZAR	South African rand	11,2664
CNY	Chinese yuan renminbi	8,1086
HRK	Croatian kuna	7,5225
IDR	Indonesian rupiah	12 389,32
MYR	Malaysian ringgit	3,9622
PHP	Philippine peso	53,548
RUB	Russian rouble	40,1155
THB	Thai baht	39,671
BRL	Brazilian real	2,6339
MXN	Mexican peso	16,6904
INR	Indian rupee	68,0200

---

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

---

12.10.2012

EN

Official Journal of the European Union

C 308/8

---

Decision of the High Representative of the Union for Foreign Affairs and Security Policy

of 8 December 2011

on the rules regarding data protection

2012/C 308/07

THE HIGH REPRESENTATIVE,

Having regard to the Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service (2010/427/EU) (‘the EEAS Council Decision’), in particular Article 11(3) thereof,

HAS ADOPTED THIS DECISION:

SECTION 1

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Decision lays down the implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council (‘the Regulation’) as regards the European External Action Service (‘EEAS’), in accordance with Article 24(8) thereof.

Article 2

Definitions

For the purpose of this Decision and without prejudice to the definitions provided by the Regulation:

(a)	‘controller’ shall mean the EEAS, its managing-directors, directors, or heads of services of an equivalent size or function, as well as the heads of Union Delegations, which, alone or jointly with others, determines the purposes and means of the processing of personal data;

(b)	‘data protection coordinator’ shall mean an AD EEAS staff member designated to coordinate and assist with data protection matters at the levels of directorates or services of an equivalent size or function, as well as in Union Delegations if required;

(c)	‘processor’ shall mean a member of the EEAS staff or contracted entities entrusted with data processing tasks by the controller;

(d)

‘EEAS staff’ shall mean, in accordance with Article 6 of the EEAS Council Decision, those officials and other servants of the European Union working for the EEAS, including personnel from the diplomatic services of the Member States appointed as temporary agents, and specialised seconded national experts.

SECTION 2

THE DATA PROTECTION OFFICER

Article 3

Appointment and status of the Data Protection Officer (DPO)

1.   The Chief Operating Officer (COO) shall select and appoint the DPO, in accordance with Article 24(2) of the Regulation, and register him/her with the European Data Protection Supervisor (‘EDPS’). The DPO shall be directly attached to the COO.

2.   The term of office of the DPO shall be five years and is renewable once.

3.   With respect to the performance of his/her duties, the DPO shall act in an independent manner and in cooperation with the EDPS. In particular, the DPO may not receive any instructions from the Appointing Authority of the EEAS or from anyone else regarding the internal application of the provisions of the Regulation and of this Decision or his/her cooperation with the EDPS. The DPO shall attend data protection training sessions in regular intervals and the COO shall take the necessary measures to this effect.

4.   The COO shall evaluate the performance of the DPO's tasks and duties on a yearly basis, notably on the basis of the DPO’s annual report, after consultation of the EDPS as appropriate. The DPO may be dismissed from his/her post only with the consent of the EDPS, if he/she no longer fulfils the conditions required for the performance of his/her duties.

5.   Without prejudice to the procedure foreseen for his/her appointment, the DPO shall be informed of all contacts with external parties relating to the application of the Regulation and of this Decision, notably with regard to interaction with the EDPS.

6.   Without prejudice to the relevant provisions of the Regulation, the DPO and his/her staff shall be subject to the rules and regulations applicable to officials and other servants of the European Union.

Article 4

Duties

The DPO shall:

(a)

ensure that controllers, data protection coordinators and data subjects are informed of their rights and obligations pursuant to the Regulation and to this Decision and that the rights and freedoms of data subjects are unlikely to be adversely affected by processing operations. In the discharge of this task, he/she shall in particular establish information and notification forms, consult interested parties and raise the general awareness of data protection issues;

(b)	respond to requests from the EDPS and, within the sphere of his/her competence, cooperate with the EDPS at the latter's request or on his/her own initiative;

(c)	ensure in an independent manner the internal application of the provisions of the Regulation and of this Decision in the EEAS;

(d)	keep a register of all processing operations carried out by the EEAS and grant access to it to any person directly or indirectly through the EDPS, in accordance with Articles 14 and 15; such register may also be maintained in electronic format;

(e)	notify the EDPS of the processing operations likely to present specific risks referred to in Article 27(2) of the Regulation.

Article 5

Tasks

1.   In addition to the duties to be fulfilled as set out in Article 4, the DPO shall:

(a)

act as an advisor to the Appointing Authority of the EEAS and to controllers on matters concerning the application of the Regulation and of this Decision. The DPO may be consulted by the Appointing Authority, the controllers and processors concerned, the Staff Committee and by any EEAS staff member, without going through the official channels, on any matter concerning the interpretation or application of the Regulation and of this Decision;

(b)

on his/her own initiative or on the initiative of the Appointing Authority, the controllers, the processors, the Staff Committee or any EEAS staff member, investigate matters and occurrences directly relating to his or her tasks and which come to his/her notice, and report back to the Appointing Authority or the person who commissioned the investigation. If deemed appropriate, all other parties concerned should be informed accordingly. If the complainant is an individual, or in case the complainant acts on behalf of an individual, the DPO must, to the extent possible, ensure confidentiality of the request, unless the data subject concerned gives his/her unambiguous consent to treat the request otherwise;

(c)	cooperate in the discharge of his/her functions with the Data Protection Officers of other European Union institutions, bodies, offices and agencies, in particular by exchanging experience and best practices;

(d)	represent the High Representative or the EEAS as appropriate on all data protection related issues at international level, without prejudice to the provisions of the Treaties, including in particular Article 218 of the Treaty on the Functioning of the European Union;

(e)	submit an annual report on his/her activities to the High Representative and make it available to EEAS staff.

2.   Without prejudice to Articles 4(b), Article 5(1)(b), and (c) and Article 15, the DPO and his/her staff shall not divulge information or documents which they obtain in the course of the exercise of their duties and tasks.

Article 6

Powers

In performing his or her tasks and duties the DPO:

(a)	shall have access at all times to the data forming the subject-matter of processing operations and to all offices, data-processing installations and data carriers;

(b)	may request legal opinions from the EEAS Legal Affairs Division;

(c)	may call on the services of external information technology experts upon prior agreement of the Authorising Officer in accordance with the Financial Regulation (Regulation (EC, Euratom) No 1605/2002) and its implementing rules;

(d)	may, without prejudice to the EDPS's duties and powers, propose administrative measures and issue general recommendations on the appropriate application of the Regulation and of this Decision;

(e)	may make, in specific cases, any other recommendation for the practical improvement of data protection to the EEAS hierarchy and/or to all other parties concerned;

(f)	may bring to the attention of the Appointing Authority of the EEAS any failure of a staff member to comply with the obligations under the Regulation and this Decision and suggest an administrative investigation being launched in view of the possible application of Article 49 of the Regulation.

Article 7

Resources

The DPO shall be provided with adequate staff and resources necessary to carry out his or her duties and tasks.

SECTION 3

RIGHTS AND OBLIGATIONS OF ACTORS IN THE FIELD OF DATA PROTECTION

Article 8

Appointing Authority

1.   In case of a complaint within the meaning of Article 90 of the Staff Regulations relating to a violation of the Regulation or of this Decision, the Appointing Authority shall consult the DPO, who should deliver his/her opinion in writing no later than 15 days after receipt of the request. If, after the end of this period, the DPO has not provided his/her opinion to the Appointing Authority, it is no longer required. The Appointing Authority shall not be bound by the DPO's opinion.

2.   The DPO shall be informed whenever an issue is under consideration which has, or might have, data protection implications.

Article 9

Controllers

1.   The controllers are responsible for ensuring that all processing operations under their control comply with the Regulation and the provisions of this Decision. They may as required entrust data processing tasks to EEAS staff members working under their responsibility or to contracted entities, in accordance with Article 23 of the Regulation.

2.   In particular, the controllers shall:

(a)	give prior notice to the DPO of any processing operation or set of such operations intended to serve a single purpose or several related purposes, as well as of any substantial change of an existing processing operation;

(b)	assist the DPO and the EDPS in performing their respective duties, in particular by giving information in reply to their requests within 30 days, at the latest;

(c)	cooperate with the data protection coordinators to establish the inventory of existing processing operations on personal data;

(d)	implement appropriate technical and organisational measures and give adequate instructions to the processors to ensure both the confidentiality of the processing and a level of security appropriate to the risks represented by the processing;

(e)

where appropriate, consult the DPO on the conformity of processing operations with the Regulation and this Decision, and in particular when they have reason to believe that certain processing operations are incompatible with Articles 4 to 10 of the Regulation. They may also consult the DPO and/or internal information technology security experts on issues relating to the confidentiality of the processing operations and on the security measures taken pursuant to Article 22 of the Regulation.

Article 10

Coordinators

1.   Each managing-director or director or head of a service of equivalent size or function, or the head of a Union Delegation as required, shall designate a data protection coordinator working under his/her responsibility.

Without prejudice to the responsibilities of the DPO, each coordinator shall:

(a)	assist in keeping an inventory of all existing processing of personal data and cooperate with the DPO for the purpose of establishing and updating the inventory of existing processing operations of personal data;

(b)	assist in identifying the respective controllers and processors;

(c)	have the right to obtain from the controllers, the processors and from EEAS staff adequate and necessary information required for the accomplishment of his/her administrative tasks. This shall not include the right of access to personal data processed under the responsibility of the controller;

(d)	endorse corporate notifications on types or categories of data processing operations to the DPO.

2.   Without prejudice to the responsibilities of the controllers, the coordinators shall:

(a)	assist the controllers in complying with their obligations;

(b)	where appropriate, facilitate communication between the DPO and the controllers.

Article 11

EEAS staff

1.   All EEAS staff shall contribute to the application of the confidentiality and security rules for the processing of personal data as provided for in Articles 21 and 22 of the Regulation. No member of EEAS staff with access to personal data shall process them other than on instructions from the controllers, unless required to do so by national or Union law.

2.   Any member of EEAS staff may lodge a complaint with the EDPS regarding an alleged breach of the provisions of the Regulation or of this Decision governing the processing of personal data, without acting through official channels, as specified by the rules set by the EDPS.

Article 12

Data subjects

1.   Further to the data subjects' right to be appropriately informed about any processing of personal data relating to themselves, in accordance with Articles 11 and 12 of the Regulation, the data subjects may approach the controller concerned to exercise their rights according to Articles 13 to 19 of the Regulation, as specified in Section 5 of this Decision.

2.   Without prejudice to any judicial remedy, every data subject may lodge a complaint with the EDPS if he/she considers that his/her rights under the Regulation or this Decision have been infringed as a result of the processing of his/her personal data by the controllers, as specified by the rules set by the EDPS.

3.   No data subject shall suffer prejudice on account of a complaint lodged with the EDPS or of a matter brought to the attention of the DPO alleging a breach of the provisions of the Regulation.

SECTION 4

REGISTER OF NOTIFIED PROCESSING OPERATIONS

Article 13

Notification procedure

1.   Controllers shall notify to the DPO any processing operation of personal data on the basis of a notification form made accessible on the EEAS and Union Delegations Intranet site (under ‘Data Protection’). The notification shall be transmitted to the DPO electronically. A confirmatory notification shall be sent to the DPO by written note within 10 working days. Upon receipt of the confirmatory notification, the DPO shall publish it in the Register.

2.   The notification shall include all information specified in Article 25(2) of the Regulation. Any change affecting this information shall be notified promptly to the DPO.

3.   Further rules and procedures regarding the notification procedure to be followed by the controllers shall form part of the general recommendations issued by the DPO.

Article 14

Content and the purpose of the Register

1.   The DPO shall keep a Register of processing operations performed upon personal data, which shall be set up on the basis of the notifications received from the controllers.

2.   The Register shall contain at least the information referred to in Article 25(2)(a) to (g) of the Regulation. However, the information entered in the Register by the DPO may exceptionally be limited when it is necessary to safeguard the security of a specific processing operation.

3.   The Register shall serve as a repertory of the personal data processing operations conducted by the EEAS. It shall be accessible by data subjects in order to facilitate the exercise of their rights as set out in Articles 13 to 19 of the Regulation and in this Decision.

Article 15

Access to the Register

1.   Appropriate measures shall be taken by the DPO to ensure that any data subject may have access to the Register, either directly or indirectly through the EDPS. In particular, the DPO shall provide information and assistance to data subjects how and where applications for access to the Register can be made.

2.   Except where online access is granted, applications for access to the Register may be made in any written form, including electronically, in one of the languages referred to in Article 342 of the Treaty on the Functioning the European Union and in a sufficiently precise manner to enable the DPO to identify the concerned processing operations. An acknowledgement of receipt shall be sent to the applicant without delay.

3.   If an application is not sufficiently precise, the DPO shall ask the applicant to clarify the application and shall assist the applicant in doing so. In the event of an application relating to a very large number of processing operations, the DPO may confer with the applicant informally, with a view to finding a fair solution.

4.   Any data subject may request from the DPO a copy of the information which is available in the Register on any notified processing operation.

SECTION 5

PROCEDURE FOR DATA SUBJECTS TO EXERCISE THEIR RIGHTS

Article 16

General provisions

1.   The data subjects' rights specified in this Section may only be exercised by the individuals concerned or, in exceptional cases, on behalf of the individuals with proper authorisation. Requests shall be addressed in writing to the controller concerned with a copy to the DPO. If necessary, the DPO shall assist the data subject in identifying the controller concerned. The DPO shall make specific forms available. Controllers shall grant the request only if the form has been filled in completely and the applicant's identity has been verified properly. The exercise by data subjects of their rights shall be free of charge.

2.   The controller concerned shall send to the applicant an acknowledgement of receipt within five working days from the registration of the application. Unless otherwise provided, the controller shall reply to the request at the latest within 15 working days from the registration of the request and shall either give satisfaction or state in writing the reasons for the total or partial refusal, in particular in cases where the applicant is not considered as data subject.

3.   In case of irregularities or obvious misuse by the data subject in exercising his/her rights and where the processing is alleged to be unlawful by the data subject, the controller must consult the DPO on the request and/or refer the data subject to the DPO, who will decide on the eligibility of the request and the appropriate follow-up to be given.

4.   Any data subject may consult the DPO with regard to the exercise of his/her rights in a specific case. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the EDPS, if he/she considers that his/her rights under the Regulation have been infringed as a result of the processing of his/her personal data.

Article 17

Right of access

The data subject shall have the right to obtain from the controllers, without constraint, at any time within three months from the receipt of the request, the information referred to in points (a) to (d) of Article 13 of the Regulation, either by consulting these data on the spot, or by receiving a copy, including, where appropriate, a copy in an electronic form, according to the applicant's preference.

Article 18

Right of rectification

Each data subject's request for the rectification of inaccurate or incomplete personal data shall specify the data concerned as well as the rectification to be made. It shall be dealt with by the controller without delay.

Article 19

Right of blocking

The controller concerned shall treat any request for the blocking of data under Article 15 of the Regulation without delay. The request shall specify the data concerned as well as the reasons for blocking them. The controller shall inform the data subject who made the request before the data are unblocked.

Article 20

Right of erasure

The data subject may request the controllers to erase data without delay in case of unlawful processing, particularly where the provisions of Articles 4 to 10 of the Regulation have been infringed. The request shall specify the data concerned and shall provide the reasons or evidence of the unlawfulness of the processing. In automated filing systems, erasure shall in principle be ensured by all appropriate technical means, excluding the possibility of any further processing of the erased data. If erasure is not possible for technical reasons, the controller concerned, after consultation of the DPO and of the interested person, shall proceed to the immediate blocking of such data.

Article 21

Notification to third parties

In case of any rectification, blocking or erasure following a request made by the data subject, he/she may obtain from the controllers the notification to third parties to whom his/her personal data have been disclosed, unless this proves impossible or involves a disproportionate effort.

Article 22

Right to object

The data subject may object to the processing of data relating to him/her and to the disclosure or use of his/her personal data, in conformity with Article 18 of the Regulation. The request shall specify the data concerned and shall provide the reasons justifying the request. Where the objection is justified, the processing in question shall no longer involve those data.

Article 23

Automated individual decisions

The data subject is entitled not to be the subject of automated individual decisions in the meaning of Article 19 of the Regulation, unless the decision is explicitly authorised pursuant to national or Union legislation, or by an EDPS decision safeguarding the data subject's legitimate interests. In either case, the data subject shall have the opportunity to make known his or her point of view in advance and to consult the DPO.

Article 24

Exceptions and restrictions

1.   To the extent that legitimate reasons as specified in Article 20 of the Regulation clearly justify it, the controllers may restrict the rights referred to in Articles 17 to 21 of this Decision. Except in case of absolute necessity, the controller concerned shall first consult the DPO, whose opinion shall not bind the EEAS. The controller shall reply to requests relating to the application of exceptions or restrictions to the exercise of rights without delay and shall substantiate this decision.

2.   Any data subject concerned may request the EDPS to apply Article 47(1)(c) of the Regulation.

SECTION 6

INVESTIGATION PROCEDURE

Article 25

Practical modalities

1.   Requests for an investigation shall be addressed to the DPO in writing by using a specific form made available by him/her. In the case of obvious misuse of the right to request an investigation, for example where the same individual has made an identical request only recently, the DPO is not obliged to report back to the requester.

2.   Within 15 days upon receipt, the DPO shall send acknowledgement of receipt to the Appointing Authority or the person who commissioned the investigation and verify whether the request is to be treated as confidential.

3.   The DPO shall request from the controller who is responsible for the data processing operation in question a written statement on the issue. The controller shall provide his/her response to the DPO within 15 days. The DPO may request complementary information from other EEAS services, such as the Security and Security of Information (Infosec) Department of the EEAS. If appropriate, he/she may request an opinion on the issue from the EEAS Legal Affairs Division. The DPO shall be provided with the information or opinion within 30 days.

4.   The DPO shall report back to the Appointing Authority and the person who made the request no later than three months following its receipt.

SECTION 7

FINAL PROVISIONS

Article 26

In the event of any inconsistency between the provisions of this Decision and the Regulation, the latter shall prevail.

Article 27

This Decision shall be made available to the EEAS staff through appropriate means, notably through publication on the EEAS and Union Delegations Intranet site (under ‘Data Protection’).

Article 28

Effect

This Decision shall take effect on the day of its adoption.

---

12.10.2012

EN

Official Journal of the European Union

C 308/14

---

Prior notification of a concentration

(Case COMP/M.6675 — GE/Accenture/Taleris)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 308/08

1.

On 4 October 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which General Electric Co. (‘GE’, United States) and Accenture plc (‘Accenture’, Ireland) acquire within the meaning of Article 3(1)b of the Merger Regulation joint control over a newly created joint venture, Taleris Management LLC (‘Taleris’, United States), by way of a purchase of equity shares.

2.

The business activities of the undertakings concerned are: — for GE: global, diversified manufacturing, technology and services company with primary business units: GE Energy Infrastructure, GE Healthcare, GE Aviation, GE Transportation, GE Capital and GE Home & Business Solutions. GE's activities in aviation include manufacturing of commercial and military jet engines and components, as well as electric power and mechanical system for aircraft, — for Accenture: global management consulting, technology services and outsourcing company, delivering its services and solutions through five operating groups: Communications, Media & Technology; Financial Services; Health & Public Services; Products; and Resources. Accenture provides airline outsourcing solutions through its Navitaire hosted services, — for Taleris: a new supplier of Integrated Vehicle Health Management (‘IVHM’) services for optimization of fixed-wing aircraft maintenance and flight operations. Taleris will develop, improve, market, sell and maintain ‘IVHM’ services for large commercial aircraft and regional jet aircraft operations globally.

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.6675 — GE/Accenture/Taleris, 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’).

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

---

12.10.2012

EN

Official Journal of the European Union

C 308/16

---

Prior notification of a concentration

(Case COMP/M.6718 — Toyota Tsusho Corporation/CFAO)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 308/09

1.

On 5 October 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Toyota Tsusho Corporation (‘TTC’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of CFAO (France), by way of a public bid.

2.

The business activities of the undertakings concerned are: — for TTC: distribution and logistics services for the automotive industry and trading of metals, machinery, chemicals, foodstuffs, electronics and other products, — for CFAO: trading of vehicles, pharmaceuticals, machinery, consumer goods, technological products and other products principally in Africa and in the French overseas territories.

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.6718 — Toyota Tsusho Corporation/CFAO, 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’).

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

---

12.10.2012

EN

Official Journal of the European Union

C 308/17

---

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

2012/C 308/10

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

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

AMENDMENT APPLICATION IN ACCORDANCE WITH ARTICLE 9

‘POMODORO DI PACHINO’

EC No: IT-PGI-0105-0153-23.11.2010

PGI ( X ) PDO ( )

1.   Heading in the product specification affected by the amendment:

—		Name of product
—	☒	Product description
—	☒	Geographical area
—		Proof of origin
—	☒	Method of production
—		Link
—	☒	Labelling
—		National requirements
—	☒	Other: control body, updated references to legislation and packaging

2.   Type of amendment(s):

—	☒	Amendment to single document or summary sheet
—		Amendment to specification of registered PDO or PGI for which neither the single document nor the summary has been published
—		Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)
—		Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

Specification

3.1.   Description of product:

The following has been inserted into Article 6:

‘The main characteristics of the “Pomodoro di Pachino” are the following:

—	firm flesh,

—	small placenta cavity,

—	high sucrose content, measured on the basis of a quantity of soluble solids greater than Brix 4,5.’

These characteristics, which were always present in the summary sheet, were not transcribed into the specification, which must therefore be adjusted.

3.2.   Geographical area:

The proposed amendment seeks to correct an error in the last paragraph of Article 3. Specifically, the mouth of the River Vecchio is located at Kilometre 5,5 rather than at Kilometre 4 as mistakenly stated in the product specification.

3.3.   Method of production:

In Article 4, the range of the planting density is extended, the lower limit is brought down (from 2 to 1,5) since according to the different types of growing techniques the plants may be sown more densely if they are kept to a single branch and less if they consist of two branches. In the latter case, density can be of up to 1,5 plants per m2, in accordance with the latest techniques, in order to achieve better management of the plant, without in any way affecting the characteristics of the product.

In Article 4 the unit of measurement ‘ms’ now appears as ‘μS/cm’, thus correcting a clerical error which resulted in the appearance of a unit of measure which is unsuitable for describing electrical conductivity.

In Article 4 yield values have been increased, so the values are now changed from:

‘—	smooth round tomato: tonnes 100/ha,

—	ribbed tomato: tonnes 75/ha,

—	cherry tomato: tonnes 50/ha.’

to:

‘—	smooth round tomato: tonnes 120/ha,

—	ribbed tomato: tonnes 90/ha,

—	cherry tomato: tonnes 70/ha.’

This amendment is based on clear technical grounds: in the time since approval of the specification to date, the type of glasshouse has been changed and the unit volume has risen from 2-2,5 to values between 2,5 and 3. These taller glasshouses allow the plant to continue to grow, since the varieties used are of unlimited growth, and thus to throw out more flowering stems and therefore yield more fruit. This does not detract from the maintenance of the quality characteristics which, rather, in the higher-growing flowering stems are of the greatest level.

3.4.   Labelling:

The following has been added to Article 7: ‘The product may also be placed on the market in open packaging provided that individual fruits are identified with adhesive labels bearing the “Pomodoro di Pachino” PGI logo, subject to labelling requirements for packaging, as set out below.’

The exemption from enclosed packaging is essential for the marketing of both ribbed and smooth tomatoes weighing up to 60 g to 120 g per unit, sold loose by weight or individually and, as such, not packaged.

3.5.   Other:

Article 5 now includes the updated reference to Regulation (EC) No 510/2006 and the details of the inspection body have been added.

Article 1 is amended to refer to the new regulation (Regulation (EC) No 510/2006) which governs the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

Article 7 has been updated to refer to Regulation (EC) No 1898/2006.

In Article 7 the words ‘… “Pomodoro di Pachino” PGI must be packaged in boxes. The net weight of each box must not be greater than 10 kg. Only new boxes may be used.’ are now the following: ‘… “Pomodoro di Pachino” PGI must be packaged in new single-use packaging of various types, as allowed by the rules in force, of no greater than 10 kg weight.’

Accordingly, in the rest of the Article, the term ‘box’ is replaced by ‘packaging’.

This change of terminology is due to the fact that the term ‘box’ was inappropriate in relation to different types of packaging and packages used in the sector and the choice was therefore made to adopt the term ‘packaging’ in line with that used in national and European legislation on packaging.

In Article 7, the words ‘brand’ and ‘mark’ used to indicate the image of the product are replaced by ‘distinctive logo’, which is a more appropriate term and is also in keeping with the specifications for other products.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘POMODORO DI PACHINO’

EC No: IT-PGI-0105-0153-23.11.2010

PGI ( X ) PDO ( )

1.   Name:

‘Pomodoro di Pachino’

2.   Member State or Third Country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

Class 1.6 —

Fruit, vegetables and cereals, fresh or processed

3.2.   Description of the product to which the name in 1 applies:

The protected geographical indication (PGI) ‘Pomodoro di Pachino’ refers to fresh tomatoes grown in the defined area, corresponding to the botanical species Lycopersicum esculentum Mill.

‘Pomodoro di Pachino’ PGI includes the following types:

—	smooth round,

—

ribbed,

—	cherry (or ‘ciliegino’).

The main characteristics of the ‘Pomodoro di Pachino’ are the following:

—	firm flesh,

—	small placenta cavity,

—	high sucrose content, measured on the basis of a quantity of soluble solids greater than Brix 4,5.

The fruit must belong to the ‘extra’ and ‘prime’ product categories and must be:

—

whole,

—	fresh in appearance,

—	sound (produce affected by rotting or deterioration such as to make it unfit for consumption is not accepted),

—	clean, free of any visible foreign matter,

—	free of any foreign smell and/or taste.

3.3.   Raw materials (for processed products only):

—

3.4.   Animal feed (for products of animal origin only):

—

3.5.   Specific steps in production that must take place in the defined geographical area:

The cultivation of ‘Pomodoro di Pachino’ must take place in the defined geographical area, using a protected environment (glasshouses and/or tunnels covered with polyethylene film or other covering); where cultivation is in the summer the crop may be protected by suitable structures covered with insect-proof nets.

Cultivation other than in soil is not permitted.

3.6.   Specific rules concerning slicing, grating, packaging, etc.:

‘Pomodoro di Pachino’ PGI may be packaged directly on-farm or in suitable packaging premises within 24 hours of picking.

Wrapping and packaging must be carried out in facilities located within the municipalities, including those partly within the production area. Packaging must be carried out in the area in order to avoid losses at the marketing stage due to damage to the outside of the tomato which can then give rise to mould rendering the product unsellable.

‘Pomodoro di Pachino’ PGI that are to be placed on the market must be put up in new single-use packaging of various types, as allowed by the rules in force, weighing no more than 10 kg.

The cover on the packaging must be such that their contents cannot be removed without showing signs of having been tampered with. The product may also be placed on the market in open packaging provided that individual fruits are identified with adhesive labels bearing the ‘Pomodoro di Pachino’ PGI distinctive logo.

3.7.   Specific rules concerning labelling:

The following must be affixed on the packaging:

—	the distinctive logo shown below:

—	the name of the packer and/or dispatcher,

—	the commercial characteristics: type, category, weight of the package,

—	the words: ‘pomodoro prodotto in coltura protetta’,

—	the Union symbol.

4.   Concise definition of the geographical area:

‘Pomodoro di Pachino’ tomatoes are grown in an area comprising the whole of the municipality of Pachino and Portopalo di Capo Passero and part of the municipalities of Noto (Province of Syracuse) and Ispica (Province of Ragusa), located in south-eastern Sicily.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The region where ‘Pomodoro di Pachino’ tomatoes are grown has the highest temperatures and receives the greatest amount of solar radiation, averaged out over the year, in mainland Europe (data provided by Landsat and Meteosat satellites). The proximity of the sea means that its climate is mild and spring and winter frosts are infrequent.

This combination of factors, together with the quality of the water used for irrigation (salinity level ranging from 1 500 μS/cm to 10 000 μS/cm), has shaped the development of glasshouse crops, and been a decisive factor for growers in the area as to the crops they have had to choose and, at the same time, for the distinctive organoleptic qualities of ‘Pomodoro di Pachino’.

5.2.   Specificity of the product:

The characteristic which established the reputation of ‘Pomodoro di Pachino’ was its early ripening, observed by local farmers when it was first planted. Additional characteristics which have been recognised over time by the consumer, such as their flavour, the consistency of their flesh, their glossiness and long life following harvesting, have been such as to establish ‘Pomodoro di Pachino’ on the market.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI):

Tomato-growing is typical of Pachino horticulture. Tomatoes were first cultivated in 1925 on holdings located along the coast supplied with irrigation water from groundwater wells.

Early experience showed that tomatoes grown in the area were ready for harvesting some 15-20 days earlier than in other areas.

However, interest in growing the crop was circumscribed by the widespread cultivation of vines. Around about the 1950s, cultivation was extended over a very much larger area also located along the coast, using techniques for bringing on and protecting the crop in the early stages. The environment of the coastal area, despite favourable thermometric conditions, is prone to sudden exceptional plunges and changes in temperature between day and night which have occasionally been responsible for the destruction of entire crops of vegetables.

The most widespread means of protection was individual covers for single plants made from prickly pear (cactus) cladods or tiles or multiple covers consisting of mats made from stubble woven with iron wire and supported on canes.

In the early 1960s the first growing tunnels appeared, consisting of cane sheds covered with polyethylene film. In subsequent years, they consisted of sturdier structures with cane being replaced by chestnut stakes and a deal frame. The protected growing of crops is the outcome therefore of a development process that began in a rudimentary and quasi-natural way to bring on the cultivation and harvesting of tomatoes.

The serious problems facing vine-growers in the 1970s led to a rapid switch in many areas to glasshouse cultivation and the setting-up of the first associations which began to market tomatoes bearing the name of their place of origin ‘Pachino’.

Growing techniques were improved with the use of modern localised irrigation systems and galvanised metal glasshouses began to prove a success.

Over time then ‘Pomodoro di Pachino’ tomatoes have become renowned on national and export markets on account of their distinct qualitative characteristics.

The particular soil and climate conditions in the production area confer on the product these qualitative characteristics, which combined with the production techniques adopted by growers make the crop characteristic of the geographical area.

The features of ‘Pomodoro di Pachino’ tomatoes are linked to their intrinsic characteristics, which set it apart: their flavour, the consistency of their flesh, their glossiness and long life following harvesting; these are all sought by the consumer when buying the ‘Pomodoro di Pachino’ on the market, which thus acquires a reputation both in Italy and abroad.

Reference to publication of the specification:

The Ministry has initiated the procedure provided for in Article 5(5) of Regulation (EC) No 510/2006 with the publication of the proposal for amending ‘Pomodoro di Pachino’ as a Protected Geographical Indication in Official Gazette of the Italian Republic No 234 of 6 October 2010.

The full text of the product specification is available on the following website:

http://www.politicheagricole.it/Flex/cm/pages/serveblob.php/L/IT/idpagina/3335

or alternatively:

on the home page of the Ministry of Agricultural, Food and Forestry Policy (http://www.politicheagricole.it) by clicking on ‘Qualità e sicurezza’ (in the top right-hand corner of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE’.

---

(1)  OJ L 93, 31.3.2006, p. 12.

---