Communication from the Commission — Updating of data used to calculate lump sum and penalty payments to be proposed by the Commission to the Court of Justice of the European Union in infringement proceedings

(2019/C 309/01)

I.   Introduction

The 2005 Commission Communication on the application of Article 228 of the EC Treaty (1) (now Article 260(1) and (2) TFEU) established the basis on which the Commission calculates the amount of the financial sanctions (either lump sum or penalty payments) that it requests the Court of Justice to apply when the Commission brings a case before the Court under Article 260(2) TFEU, in the context of infringement proceedings against a Member State.

In its Communication of 2010 (2) on the updating of the data used for this calculation, the Commission established that these macroeconomic data should be adjusted every year, in order to take into account inflation and gross domestic product (GDP) movements.

The 2011 Commission Communication on the implementation of Article 260(3) TFEU (3) and the 2017 Commission Communication ‘EU law: Better results through better application’ (4) emphasise that the same method as established by the 2005 Communication applies for the calculation of the financial sanctions which the Commission requests the Court of Justice to apply under Article 260(3) TFEU.

The yearly update provided in this Communication is based on developments in the inflation and GDP of each Member State (5), which reflects the payment capacity of the Member State in question. The relevant statistics that are to be used relating to the rate of inflation and GDP are those established two years prior to the update (‘t-2 rule’), as two years is the minimum period of time necessary for gathering relatively stable macroeconomic data. In addition, following the communication of February 2019 (6), the institutional weight of the Member States which had previously been based on the number of votes held by each Member State in accordance with the rules on the weighting of votes in the Council is now based on the number of seats allocated to each Member State for its representatives in the European Parliament.

This Communication is therefore based on economic data for nominal GDP and the GDP deflator for 2017 (7), as well as the number of seats allocated to a Member State in the European Parliament.

II.   Components of the update

The list of economic criteria to be updated is as follows:

—	the standard flat-rate amount for the penalty payment (8), currently fixed at EUR 3 105, to be revised in line with inflation;

—	the standard flat-rate amount for calculating the daily amount in order to determine the lump sum (9), currently fixed at EUR 1 035, to be revised in line with inflation;

—	the special ‘n’ factor (10), to be revised in line with the GDP of the Member State in question, taking into account the number of seats it has in the European Parliament; the ‘n’ factor is identical for the calculation of lump sum and daily penalty payments;

—	minimum lump sum payments (11) to be revised in line with inflation.

III.   Updates

The Commission will apply the following updated figures to calculate the amount of the financial sanctions (lump sum or penalty payments) when it brings a case to the Court of Justice under Article 260(2) and (3) TFEU:

1.	the standard flat rate for calculating the penalty payment is EUR 3 116;

2.	the standard flat rate for calculating the daily amount in order to determine the lump sum is EUR 1 039;

3.

the special ‘n’ factor and the minimum lump sum for the 28 EU Member States are set as follows: Member State Special ‘n’ factor Minimum lump sum (EUR 1 000 ) Belgium 0,79 2 037 Bulgaria 0,24 619 Czech Republic 0,52 1 341 Denmark 0,51 1 315 Germany 4,62 11 915 Estonia 0,10 258 Ireland 0,47 1 212 Greece 0,51 1 315 Spain 2,07 5 338 France 3,39 8 743 Croatia 0,19 490 Italy 2,92 7 530 Cyprus 0,09 232 Latvia 0,12 309 Lithuania 0,18 464 Luxembourg 0,15 387 Hungary 0,42 1 083 Malta 0,07 181 Netherlands 1,14 2 940 Austria 0,67 1 728 Poland 1,27 3 275 Portugal 0,53 1 367 Romania 0,64 1 651 Slovenia 0,15 387 Slovakia 0,27 696 Finland 0,44 1 135 Sweden 0,80 2 063 United Kingdom 3,40 8 768

The Commission will apply the updated figures to decisions it takes to bring a case before the Court of Justice under Article 260 TFEU as from the adoption of this Communication. As already stated in point 3 of the communication of February 2019, the Commission will recalculate the above figures once the withdrawal of the United Kingdom from the European Union becomes legally effective.

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(1)  SEC(2005) 1658 (OJ C 126, 7.6.2007, p. 15).

(2)  SEC(2010) 923/3. This Communication has been updated in 2011 [SEC(2011) 1024 final], in 2012 [C(2012) 6106 final], in 2013 [C(2013) 8101 final], in 2014 [C(2014) 6767 final], in 2015 [C(2015) 5511 final], in 2016 [C(2016) 5091 final], in 2017 [C(2017) 8720 final] and in 2018 [C(2018) 5851 final] for the yearly adjustment of economic data.

(3)  OJ C 12, 15.1.2011, p. 1.

(4)  OJ C 18, 19.1.2017, p. 10.

(5)  According to the general rules set out in the Communications of 2005 and 2010.

(6)  C(2019) 1396 final (OJ C 70, 25.2.2019, p. 1).

(7)  The GDP deflator is used as a measure of inflation. The uniform amounts for lump sum and penalty payments are rounded to the nearest whole number. The minimum lump sums are rounded to the nearest thousand. The ‘n’ factor is rounded to two decimal places.

(8)  The standard or uniform flat-rate amount for daily penalty payments is defined as the fixed basic amount to which certain multiplier weightings are applied. The weightings are the coefficients for the seriousness and the duration of the infringement and the special ‘n’ factor corresponding to the Member State concerned.

(9)  The flat-rate amount is to be applied when calculating the lump sum. As regards Article 260(2) TFEU, the lump sum will result from multiplying a daily amount (resulting from multiplying the standard flat-rate amount by the coefficient for seriousness, and the result of this calculation being multiplied by the special ‘n’ factor) by the number of days the infringement persists between the date of the first judgment and the date that the infringement comes to an end or the date of delivery of the judgment under Article 260(2) TFEU. As regards Article 260(3) TFEU, according to point 28 of the Commission Communication on ‘Implementation of Article 260(3) of the Treaty’ [SEC(2010) 1371 final] (OJ C 12, 15.1.2011, p. 1), the lump sum will result from multiplying a daily amount (resulting from multiplying the standard flat-rate amount by the coefficient for seriousness, and the result of this calculation being multiplied by the special ‘n’ factor) by the number of days from the day after the expiry of the time limit for transposition set out in the directive until the date that the infringement comes to an end or the date of delivery of the judgment under Articles 258 and 260(3) TFEU. The lump sum calculated on the basis of the daily amount should apply when the result of the above-mentioned calculation exceeds the minimum lump sum.

(10)  The special ‘n’ factor takes into account the payment capacity of the Member State (gross domestic product (GDP)) and the number of seats it has in the European Parliament.

(11)  The minimum fixed lump sum payment is determined for each Member State according to the special ‘n’ factor. The minimum fixed lump sum will be proposed to the Court when the summed-up daily lump sum payments do not exceed the minimum fixed lump sum.

Non-opposition to a notified concentration

(Case M.9315 — Chr. Hansen/Lonza/JV)

(Text with EEA relevance)

(2019/C 309/02)

On 16 July 2019, 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 website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32019M9315. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.9330 — Denso/Hirose)

(Text with EEA relevance)

(2019/C 309/03)

On 20 August 2019, 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 website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32019M9330. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.9487 — Charlesbank/GTCR/PPT)

(Text with EEA relevance)

(2019/C 309/04)

On 4 September 2019, 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 website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32019M9487. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.9493 — Triton/Aleris)

(Text with EEA relevance)

(2019/C 309/05)

On 5 September 2019, 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 website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32019M9493. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2019/1405, and in Council Regulation (EU) No 269/2014 as implemented by Council Implementing Regulation (EU) 2019/1403 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(2019/C 309/06)

The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision (CFSP) 2019/1405 (2), and in Annex I to Council Regulation (EU) No 269/2014 (3), as implemented by Council Implementing Regulation (EU) 2019/1403 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision 2014/145/CFSP and in Regulation (EU) No 269/2014 should continue to apply to those persons and entities.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web sites in Annex II to Council Regulation (EU) No 269/2014, 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, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address before 2 November 2019:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 78, 17.3.2014, p. 16.

(2)  OJ L 236, 13.9.2019, p. 17.

(3)  OJ L 78, 17.3.2014, p. 6.

(4)  OJ L 236, 13.9.2019, p. 1.

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine apply

(2019/C 309/07)

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 2014/145/CFSP (2), as amended by Council Decision (CFSP) 2019/1405 (3), and Council Regulation (EU) No 269/2014 (4), as implemented by Council Implementing Regulation (EU) 2019/1403 (5).

The controller of this processing operation is the Department RELEX.1.C in the Directorate-General for Foreign Affairs, Enlargement and Civil Protection — RELEX of the General Secretariat of the Council (GSC), that can be contacted at:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer 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 2014/145/CFSP, as amended by Decision (CFSP) 2019/1405, and Regulation (EU) No 269/2014, as implemented by Implementing Regulation (EU) 2019/1403.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2014/145/CFSP and Regulation (EU) No 269/2014.

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

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

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(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 78, 17.3.2014, p. 16.

(3)  OJ L 236, 13.9.2019, p. 17.

(4)  OJ L 78, 17.3.2014, p. 6.

(5)  OJ L 236, 13.9.2019, p. 1.

Euro exchange rates (1)

12 September 2019

(2019/C 309/08)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,0963
JPY	Japanese yen	118,14
DKK	Danish krone	7,4622
GBP	Pound sterling	0,88920
SEK	Swedish krona	10,6315
CHF	Swiss franc	1,0892
ISK	Iceland króna	138,30
NOK	Norwegian krone	9,8543
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,824
HUF	Hungarian forint	330,93
PLN	Polish zloty	4,3304
RON	Romanian leu	4,7348
TRY	Turkish lira	6,2075
AUD	Australian dollar	1,5943
CAD	Canadian dollar	1,4468
HKD	Hong Kong dollar	8,5826
NZD	New Zealand dollar	1,7032
SGD	Singapore dollar	1,5091
KRW	South Korean won	1 296,86
ZAR	South African rand	15,9936
CNY	Chinese yuan renminbi	7,7702
HRK	Croatian kuna	7,3928
IDR	Indonesian rupiah	15 310,38
MYR	Malaysian ringgit	4,5664
PHP	Philippine peso	56,912
RUB	Russian rouble	71,2200
THB	Thai baht	33,334
BRL	Brazilian real	4,4402
MXN	Mexican peso	21,2945
INR	Indian rupee	77,9980

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

Electronic identification schemes notified pursuant to Article 9(1) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (1)

(2019/C 309/09)

Title of the scheme	eID means under the notified scheme	Notifying Member State	Level of assurance	Authority responsible for the scheme	Date of publication in the Official Journal of the EU
German eID based on Extended Access Control	National Identity Card Electronic Residence Permit	Federal Republic of Germany	High	Federal Ministry of the Interior Alt-Moabit 140 10557 Berlin DGI2@bmi.bund.de +49 30186810	26.9.2017
SPID – Public System of Digital Identity	SPID eID means provided by: — Aruba PEC S.p.A. — Namirial S.p.A. — InfoCert S.p.A. — In.Te.S.A. S.p.A. — Poste Italiane S.p.A — Register S.p.A. — Sielte S.p.A. — Telecom Italia Trust Technologies S.r.l.	Italy	High Substantial Low	AgID - Agency for Digital Italy Viale Liszt 21 00144 Roma eidas-spid@agid.gov.it +39 0685264407	10.9.2018
	— Lepida S.p.A.				13.9.2019
National Identification and Authentication System (NIAS)	Personal Identity Card (eOI)	Republic of Croatia	High	Ministry of Public Administration, Republic of Croatia Maksimirska 63 10000 Zagreb e-gradjani@uprava.hr	7.11.2018
Estonian eID scheme: ID card Estonian eID scheme: RP card Estonian eID scheme: Digi-ID Estonian eID scheme: e-Residency Digi-ID Estonian eID scheme: Mobiil-ID Estonian eID scheme: diplomatic identity card	— ID card — RP card — Digi-ID — e-Residency Digi-ID — Mobiil-ID — Diplomatic identity card	Republic of Estonia	High	Police and Border Guard Board Pärnu mnt 139 15060 Tallinn eid@politsei.ee +372 6123000	7.11.2018
Documento Nacional de Identidad electrónico (DNIe)	Spanish ID card (DNIe)	Kingdom of Spain	High	Ministry of Interior - Kingdom of Spain C/Julián González Segador, s/n 28043 Madrid divisiondedocumentacion@policia.es	7.11.2018
Luxembourg national identity card (eID card)	Luxembourg eID card	Grand Duchy of Luxembourg	High	Ministry for Home Affairs BP 10 L-2010 Luxembourg minint@mi.etat.lu secretariat@ctie.etat.lu +352 24784600	7.11.2018
Belgian eID scheme FAS/eCards	Belgian Citizen eCard Foreigner eCard	Kingdom of Belgium	High	Policy & Support Federal Public Service (BOSA)/Directorate-General Digital Transformation Simon Bolivarlaan 30 1000 Brussel eidas@bosa.fgov.be	27.12.2018
Cartão de Cidadão (CC)	Portuguese national identity card (eID card)	Portuguese Republic	High	AMA – Administrative Modernisation Agency Rua Abranches Ferrão n.o 10, 3o 1600 - 001 Lisbon ama@ama.pt +351 217231200	28.2.2019
GOV.UK Verify	GOV.UK Verify eID means provided by: — Barclays — Experian — Post Office — SecureIdentity — Digidentity	United Kingdom	Substantial Low	Government Digital Service The White Chapel Building 10 Whitechapel High St London E1 8QS eidas-support@digital.cabinet-office.gov.uk +44 78585008654	2.5.2019
Italian eID based on National ID card (CIE)	Carta di Identità Elettronica (CIE)	Italy	High	Ministry of Interior Piazza del Viminale 1 00184 Roma segreteriaservizidemografici@interno.it +39 0646527751	13.9.2019
National identification scheme of the Czech Republic	Czech eID card	Czech Republic	High	Ministry of the Interior of the Czech Republic Nad Štolou 936/3 P. O. BOX 21 170 34 Prague 7 eidas@mvcr.cz	13.9.2019
Dutch Trust Framework for Electronic Identification (Afsprakenstelsel Elektronische Toegangsdiensten)	Means issued under eHerkenning (for businesses)	Kingdom of the Netherlands	High Substantial	Ministry of the Interior and Kingdom Relations — Logius Postbus 96810 2509 JE Den Haag info@eherkenning.nl	13.9.2019

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(1)  OJ L 257, 28.8.2014, p. 73.

Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Modification of public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2019/C 309/10)

Member State	United Kingdom
Route concerned	Tingwall/Sumburgh — Fair Isle Tingwall — Foula
Original date of entry into force of the public service obligations	30 December 1997
Date of entry into force of modifications	1 April 2020
Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained	ZetTrans 6 North Ness Business Park Lerwick Shetland ZE1 0LZ Scotland UNITED KINGDOM Tel. +44 01595744868 Email: zettrans@shetland.gov.uk Internet: www.zettrans.org.uk

Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2019/C 309/11)

Member State	United Kingdom
Route concerned	Tingwall/Sumburgh — Fair Isle Tingwall — Foula
Period of validity of the contract	Contract from 1 April 2020 to 31 March 2024
Deadline for submission of applications and tenders	9 December 2019
Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained	ZetTrans 6 North Ness Business Park Lerwick Shetland ZE1 0LZ Scotland UNITED KINGDOM Tel. +44 01595744868 Email: zettrans@shetland.gov.uk Internet: www.zettrans.org.uk