ISSN 1977-091X |
||
Official Journal of the European Union |
C 337 |
|
English edition |
Information and Notices |
Volume 64 |
Contents |
page |
|
|
IV Notices |
|
|
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
|
|
European Commission |
|
2021/C 337/01 |
||
|
European Data Protection Supervisor |
|
2021/C 337/02 |
||
2021/C 337/03 |
||
|
NOTICES FROM MEMBER STATES |
|
2021/C 337/04 |
|
V Announcements |
|
|
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
|
|
European Commission |
|
2021/C 337/05 |
Notice of the impending expiry of certain anti-dumping measures |
EN |
|
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
23.8.2021 |
EN |
Official Journal of the European Union |
C 337/1 |
Euro exchange rates (1)
20 August 2021
(2021/C 337/01)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,1671 |
JPY |
Japanese yen |
127,97 |
DKK |
Danish krone |
7,4368 |
GBP |
Pound sterling |
0,85750 |
SEK |
Swedish krona |
10,3263 |
CHF |
Swiss franc |
1,0711 |
ISK |
Iceland króna |
149,40 |
NOK |
Norwegian krone |
10,6000 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
25,559 |
HUF |
Hungarian forint |
350,92 |
PLN |
Polish zloty |
4,5895 |
RON |
Romanian leu |
4,9344 |
TRY |
Turkish lira |
9,9571 |
AUD |
Australian dollar |
1,6373 |
CAD |
Canadian dollar |
1,5069 |
HKD |
Hong Kong dollar |
9,0924 |
NZD |
New Zealand dollar |
1,7108 |
SGD |
Singapore dollar |
1,5907 |
KRW |
South Korean won |
1 380,66 |
ZAR |
South African rand |
17,8750 |
CNY |
Chinese yuan renminbi |
7,5854 |
HRK |
Croatian kuna |
7,4990 |
IDR |
Indonesian rupiah |
16 887,06 |
MYR |
Malaysian ringgit |
4,9456 |
PHP |
Philippine peso |
58,765 |
RUB |
Russian rouble |
86,9259 |
THB |
Thai baht |
38,946 |
BRL |
Brazilian real |
6,3622 |
MXN |
Mexican peso |
23,6848 |
INR |
Indian rupee |
86,8025 |
(1) Source: reference exchange rate published by the ECB.
European Data Protection Supervisor
23.8.2021 |
EN |
Official Journal of the European Union |
C 337/2 |
Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Council Regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis
(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)
(2021/C 337/02)
The Schengen area is one of the most significant and most visible achievements of the European Union. Its legal framework, the Schengen acquis, comprises of various measures, including an evaluation and monitoring mechanism.
On 2 June 2021, the Commission presented a Proposal for a Council Regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) No 1053/2013. The proposal intends to: (1) increase the strategic focus of the Mechanism and ensure a more proportionate use of the different evaluation tools; (2) shorten and simplify the procedures to make the process more effective and efficient, and increase peer-pressure; (3) optimise the participation of Member State experts and the cooperation with Union bodies, offices and agencies; and (4) strengthen the evaluation of the respect for fundamental rights under the Schengen acquis.
In his Opinion, the EDPS welcomes the particular attention in the Proposal on the respect for fundamental rights, including the correct implementation of the data protection requirements of the Schengen acquis, when carrying out Schengen evaluations. At the same time, he makes two specific recommendations, aimed at ensuring legal certainty and respecting the independence of the data protection supervisory authorities.
The EDPS believes that the envisaged Regulation should define the scope of the Schengen evaluations by laying down a non-exhaustive list of relevant policy fields, which would be subject to evaluation. In particular, the new Schengen mechanism should continue to provide for evaluations dedicated exclusively to data protection, carried out by data protection experts.
In addition, the EDPS underlines the need to clearly distinguish the competencies of the various Union agencies, offices and bodies involved in the Schengen evaluations. In this context, the independence of the European Data Protection Supervisor, pursuant to Article 55 of Regulation (EU) 2018/1725, should be fully respected.
1. Introduction and background
1. |
The Schengen area (1) is one of the most significant and most visible achievements of the European Union. It has enhanced the freedom of movement by enabling more than 420 million people to move without being subject to internal border controls. |
2. |
The Schengen acquis comprises of the legal provisions integrated into the framework of the Union in accordance with Protocol No 19 annexed to the TEU and to the TFEU, together with the acts building upon them or otherwise related to them. The acquis thus includes (1) measures at the external borders (external border management), (2) compensatory measures (common visa policy, police cooperation, return policy and the Schengen Information System), and (3) an evaluation and monitoring mechanism. The Schengen acquis also comprises requirements on data protection and the respects for other fundamental rights. |
3. |
The purpose of the Schengen evaluation mechanism is to ensure a well-functioning Schengen area by guaranteeing that Member States apply Schengen rules effectively, inter alia by maintaining a high level of mutual trust among participating Member States. The current Schengen evaluation and monitoring mechanism was established by Council Regulation (EU) No 1053/2013 (2), which became operational in 2015. |
4. |
To address the challenges faced by the Schengen area, Commission President von der Leyen announced in her 2020 State of the Union address a Strategy on Schengen. One of the initiatives in this context is the revision of the Schengen evaluation and monitoring mechanism. Consequently, on 2 June 2021, the Commission presented a Proposal for a Council Regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) No 1053/2013 (3). The proposal intends to: (1) increase the strategic focus of the Mechanism and ensure a more proportionate use of the different evaluation tools; (2) shorten and simplify the procedures to make the process more effective and efficient, and increase peer-pressure; (3) optimise the participation of Member State experts and the cooperation with Union bodies, offices and agencies; and (4) strengthen the evaluation of the respect for fundamental rights under the Schengen acquis. |
5. |
Pursuant to Article 42(1) of Regulation (EU) 2018/1725, the Commission has to consult the EDPS following the adoption of a proposal for a legislative act, where there is an impact on the protection of individuals’ rights and freedoms with regard to the processing of personal data. The EDPS was formally consulted by the Commission on 3 June 2021. The EDPS was also consulted informally during the process of preparation of the proposal, and communicated his informal comments in May 2021. He welcomes the fact that his views have been sought at an early stage of the procedure and encourages the Commission to continue with this good practice. |
6. |
The present Opinion is without prejudice to any future additional comments or recommendations by the EDPS, in particular if further issues are identified or new information becomes available. Furthermore, this Opinion is without prejudice to any future action that may be taken by the EDPS in the exercise of his powers pursuant to Article 58 of Regulation (EU) 2018/1725. |
5. Conclusions
19. |
The EDPS welcomes the particular attention in the Proposal on the respect for fundamental rights, including the correct implementation and application of the data protection requirements of the Schengen acquis, when carrying out Schengen evaluations. |
20. |
Regarding the scope of the Schengen evaluations, the EDPS believes that the future Regulation should define it by laying down a non-exhaustive list of relevant policy fields, which would be subject to evaluation. In particular, the new Schengen mechanism should continue to provide for evaluations dedicated exclusively to data protection, carried out by data protection experts. |
21. |
Finally, the EDPS underlines that the competencies of the various Union agencies, offices and bodies involved in the Schengen evaluations should be clearly distinguished. In particular, the Proposal should ensure that the independence of the European Data Protection Supervisor, pursuant to Article 55 of Regulation (EU) 2018/1725, is fully respected. |
Brussels, 27 July 2021.
Wojciech Rafał WIEWIÓROWSKI
(1) The Schengen area covers EU Member States, as well as Iceland, Norway, Switzerland and Liechtenstein (so-called ‘Schengen Associated Countries’). However, Bulgaria, Croatia, Cyprus and Romania are bound by the Schengen acquis but internal border controls have not yet been lifted in respect of these Member States. Furthermore, Ireland is not part of the Schengen area but it applies the Schengen acquis in part since 1 January 2021.
(2) Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
(3) COM(2021) 278 final.
23.8.2021 |
EN |
Official Journal of the European Union |
C 337/4 |
Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937
(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)
(2021/C 337/03)
The European Commission adopted on 24 September 2020 a Proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 (the ‘Proposal’). The Proposal establishes transparency and disclosure requirements for the issuance and admission to trading of crypto-assets; rules on the authorisation and supervision of crypto-asset service providers and issuers of asset-referenced tokens and issuers of electronic money tokens; regulates the operation, organisation and governance of issuers of asset-referenced tokens, issuers of electronic money tokens and crypto-asset service providers; and provides consumer protection rules for the issuance, trading, exchange and custody of crypto-assets, as well as measures to prevent market abuse to ensure the integrity of crypto-asset markets.
The EDPS recalls the need for a broader reflection on how to better ensure that the underlying technology of crypto-assets, namely blockchain and distributed ledgers respect data protection rules and principles, and refers in this regard to the general comments made in his Opinion on the Proposal for a pilot regime on distributed ledger technology (DLT) market infrastructures and reiterates the need that such a discussion takes place before the relevant proposal(s) enter into force.
At the same time, the EDPS stresses the responsibility of the EU legislature to ensure that the processing implied in the Proposal can be implemented in a data protection-compliant manner, as well as the responsibility of controllers to ensure compliance in accordance with the principle of accountability.
The EDPS considers that the issuers of crypto-assets would typically be controllers under the GDPR, having regard to the issuers’ project and insofar as the latter involves the processing of personal data. To increase legal certainty, the EDPS invites the legislature to explicitly designate the issuers as controllers in the Proposal. In addition, the processing of personal data may meet two or more of the criteria that indicate that the processing is likely to result in a high risk within the meaning of data protection law. As a result, the issuer of crypto-assets may fall under the obligation pursuant to Article 35 of the GDPR to perform a Data Protection Impact Assessment (DPIA), prior to the envisaged processing of personal data.
The EDPS welcomes the objective of the Proposal to enhance the protection of consumers as purchasers of crypto-assets (investors). At the same time, the EDPS considers that the Proposal should also include the obligation for issuers to make particularly prominent certain guarantees regarding data protection in order to better protect data subjects. The EDPS recommends including in the Proposal, as part of the information to be provided as content of the crypto-assets white paper, information regarding foreseen processing operations involving personal data, as well as the main risks envisaged and mitigation strategies for what concerns data protection.
Regarding the publication of administrative penalties, the EDPS recommends including, among the criteria for consideration of the competent authority, the impact on the protection of the personal data of the individuals. Moreover, the EDPS recalls that the principle of storage limitation requires that personal data is stored for no longer than is necessary for the purposes for which the personal data are processed, and recommends laying down a maximum instead of a minimum data retention period under Article 95(4) of the Proposal.
1. Background
1. |
The European Commission adopted on 24 September 2020 a Proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 (the ‘Proposal’) (1). The Proposal is a regulatory framework developed to regulate currently out-of-scope crypto-assets and their service providers in the EU and to provide a single licensing regime across all Member States by 2024. The Proposal aims to harmonise the European framework for the issuance and trading of various types of crypto token as part of Europe’s Digital Finance Strategy. |
2. |
The Proposal is part of the Digital Finance package, a package of measures to further enable and support the potential of digital finance in terms of innovation and competition while mitigating the risks. The digital finance package includes a new Strategy on digital finance for the EU financial sector (2) with the aim of ensuring that the EU makes the benefits of digital finance available to European consumers and businesses. In addition to this Proposal, the package also includes a Proposal for a pilot regime on distributed ledger technology (DLT) market infrastructures (the ‘Proposal for a pilot regime’) (3), a Proposal on digital operational resilience (‘DORA’) (4), and a Proposal to clarify or amend certain related EU financial services rules (5). |
3. |
The EDPS was consulted on the Proposal on the pilot regime and delivered his Opinion on 23 April 2021 (6). He was also consulted on the Proposal for digital operational resilience on 29 April 2021 and delivered his Opinion on 10 May 2021 (7). |
4. |
On 29 April 2021, the European Commission requested the EDPS to issue an opinion on the Proposal, in accordance with Article 42(1) of Regulation (EU) 2018/1725. These comments are limited to the provisions of the Proposal that are relevant from a data protection perspective. |
4. Conclusions
In light of the above, the EDPS:
— |
recalls the need for a broader reflection and discussion, not only related to crypto-assets, into the issue of how to ensure that the underlying technology of crypto-assets, namely blockchain and distributed ledgers, respect in the most effective way, data protection rules and principles and reiterates the need that such a discussion takes place before the relevant proposal(s) enter into force; |
— |
recommends to explicitly designate the issuers as controllers in order to avoid any possible problem of interpretation in assessing the role, in particular having regard to the complexity of the subject matter of the Proposal and the relationships between the relevant actors; |
— |
recommends including under Articles 5, 17, and 46 of the Proposal, as part of the information to be provided as content of the crypto-assets white paper, the following: ‘where applicable, the list of the foreseen processing operations involving personal data, as well as the main risks envisaged and mitigation strategies for what concerns data protection’; |
— |
regarding the publication of administrative sanctions, the EDPS recommends including, among the criteria for consideration of the competent authority, the risks to the protection of personal data of the individuals, and replacing the minimum data retention period under Article 95(4) ‘at least five years’ by a specified maximum data retention period; |
— |
regarding the administrative cooperation between competent authorities, the EBA and ESMA, as well as cooperation with the oversight authorities of third countries, the EDPS recommends considering the deletion of the reference to the EUDPR under Article 108(3), given the ‘horizontal’ reference to the applicability of the EUDPR made under Article 88(2) of the Proposal. |
Brussels, 24 June 2021.
Wojciech Rafał WIEWIÓROWSKI
(1) Proposal for a regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, 24 September 2020, 2020/0265 (COD).
(2) Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions on a Digital Finance Strategy for the EU, 24 September 2020, COM(2020)591.
(3) Proposal for a Regulation of the European Parliament and of the Council on a Pilot Regime for market infrastructures based on distributed ledger technology - COM(2020)594.
(4) Proposal for a Regulation of the European Parliament and of the Council on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014 and (EU) No 909/2014 - COM(2020)595.
(5) Proposal for a Directive of the European Parliament and of The Council amending Directives 2006/43/EC, 2009/65/EC, 2009/138/EU, 2011/61/EU, EU/2013/36, 2014/65/EU, (EU) 2015/2366 and EU/2016/2341 - COM(2020)596.
(6) Opinion 6/2021 on the Proposal for a Pilot Regime for Market Infrastructures based on Distributed Ledger Technology, available at https://edps.europa.eu/system/files/2021-06/2021-0219_d0912_opinion_on_pilot_regime_for_market_infrastructures_en.pdf.
(7) Opinion 7/2021 on the Proposal for a Regulation on digital operational resilience for the financial sector and amending Regulations (EC) 1060/2009, (EU) 648/2012, (EU) 600/2014 and (EU) 909/2014, available at https://edps.europa.eu/system/files/2021-05/2021-0203_d0943_opinion_digital_operational_resilience_for_the_financial_sector_en.pdf.
NOTICES FROM MEMBER STATES
23.8.2021 |
EN |
Official Journal of the European Union |
C 337/6 |
Binding origin information
(2021/C 337/04)
List of authorities designated by Member States and the United Kingdom regarding Northern Ireland to receive applications for, or to issue, binding origin information
Member State |
Customs authority |
Telephone |
|
|||||||||||||||||
BELGIUM |
|
|
|
|||||||||||||||||
Non-preferential origin |
|
+32 22778467 +32 22776522 +32 22776211 |
Origine.oorsprong@economie.fgov.be |
|||||||||||||||||
Preferential origin |
|
+32 25760295 +32 25786794 |
Da.ops.douane1@minfin.fed.be |
|||||||||||||||||
BULGARIA |
|
+359 298594313 +359 298594145 |
origin@customs.bg |
|||||||||||||||||
CROATIA |
|
+385 16211308 +385 16211321 |
podrijetlo@carina.hr origin@carina.hr |
|||||||||||||||||
CZECH REPUBLIC |
|
+420 585111111 |
podatelna580000@cs.mfcr.cz |
|||||||||||||||||
DENMARK |
|
+45 72221212 +45 72382641 |
oprindelse@toldst.dk |
|||||||||||||||||
GERMANY |
|
|
|
|||||||||||||||||
Preferential origin and Non-preferential origin, insofar as the last working or processing is done outside the EU or where it concerns goods for which common market organisations exist, according to which the grant of benefits depends on the non-preferential origin determined. |
|
+49 5111012480 |
poststelle.vzta-hza-hannover@zoll.bund.de |
|||||||||||||||||
Non-preferential origin insofar as the goods are wholly obtained in the EU or are manufactured or undergo working or processing in the EU. This does not apply to goods for which common market organisations exist, according to which the grant of benefits depends on the non-preferential origin determined. |
|
+49 302030 82321 |
behm.steffen@dihk.de |
|||||||||||||||||
IRELAND |
|
+353 6744260 |
origin&valuationsection@revenue.ie |
|||||||||||||||||
ESTONIA |
|
+372 6762607 |
emta@emta.ee |
|||||||||||||||||
GREECE |
|
+30 2106987487 +30 2106987493 +30 2106987541 +30 2106987513 +30 2106987486 |
d17-c@2001.syzefxis.gov.gr |
|||||||||||||||||
SPAIN |
|
+34 917289854/55/35 |
gestionaduanera@aeat.correo.es |
|||||||||||||||||
FRANCE |
|
+33 157534372 |
dg-comint3-rco@douane.finances.gouv.fr |
|||||||||||||||||
ITALY |
|
+39 0650245216 |
dir.dogane.origine@adm.gov.it |
|||||||||||||||||
CYPRUS |
|
+357 22601665 +357 22601703 |
headquarters@customs.mof.gov.cy |
|||||||||||||||||
LATVIA |
|
+371 67121007 +371 67121011 |
MP.lietvediba@vid.gov.lv |
|||||||||||||||||
LITHUANIA |
|
+370 52666067 +370 52327480 |
muitine@lrmuitine.lt |
|||||||||||||||||
LUXEMBOURG |
|
+352 28182325 +352 28182347 |
ilona.fonck@do.etat.lu Laurent.Thilges@do.etat.lu |
|||||||||||||||||
HUNGARY |
|
+36 14022233 |
szi@nav.gov.hu |
|||||||||||||||||
MALTA |
|
+356 25685186 |
saviour.grima@gov.mt |
|||||||||||||||||
NETHERLANDS |
|
+31 243813701 |
helpdesk.oorsprongszaken@belastingdienst.nl |
|||||||||||||||||
AUSTRIA |
|
+43 151433/504189 |
origin@bmf.gv.at |
|||||||||||||||||
POLAND |
|
+48 225104652 |
wip.ias.warszawa@mf.gov.pl |
|||||||||||||||||
PORTUGAL |
|
+351 218813765 |
dsta@at.gov.pt |
|||||||||||||||||
ROMANIA |
|
+40 213155858 +40 213137969 |
origine@customs.ro |
|||||||||||||||||
SLOVENIA |
|
+386 14783921 |
ana.macek@gov.si |
|||||||||||||||||
SLOVAKIA |
|
+421 250263963 +421 250263960 |
martin.strbik@financnasprava.sk sylvia.halaszova@financnasprava.sk |
|||||||||||||||||
FINLAND |
|
+358 2955200 |
leena.lehtinen@tulli.fi minna.raitanen@tulli.fi |
|||||||||||||||||
SWEDEN |
|
+46 771520520 |
tullverket@tullverket.se |
|||||||||||||||||
UNITED KINGDOM (regarding Northern Ireland) |
|
|
dutyliability.policy@hmrc.gov.uk |
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
23.8.2021 |
EN |
Official Journal of the European Union |
C 337/12 |
Notice of the impending expiry of certain anti-dumping measures
(2021/C 337/05)
1. As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2. Procedure
Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3. Time limit
Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4. This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.
Product |
Country(ies) of origin or exportation |
Measures |
Reference |
Date of expiry (3) |
Certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm |
The People’s Republic of China |
Anti-dumping duty |
Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm, originating in the People’s Republic of China |
13.5.2022 |
(1) OJ L 176, 30.6.2016, p. 21.
(2) TRADE-Defence-Complaints@ec.europa.eu
(3) The measure expires at midnight (00:00) of the day mentioned in this column.