20.6.2013   

EN

Official Journal of the European Union

C 174/1

20.6.2013   

EN

Official Journal of the European Union

C 174/4

(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,

20.6.2013   

EN

Official Journal of the European Union

C 174/5

20.6.2013   

EN

Official Journal of the European Union

C 174/6

(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.

(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.

(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.

(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.

(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,

(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;

(c)

organisations of cloud services providers, customers or legal practitioners.

20.6.2013   

EN

Official Journal of the European Union

C 174/9

20.6.2013   

EN

Official Journal of the European Union

C 174/10

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.

—

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 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 has infringed its duty to state reasons, cf. Article 16 SCA.

20.6.2013   

EN

Official Journal of the European Union

C 174/11

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.

—

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.

—

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.

—

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

20.6.2013   

EN

Official Journal of the European Union

C 174/12

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);

3.

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

—

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.

—

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 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.

20.6.2013   

EN

Official Journal of the European Union

C 174/13

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:

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: