26.5.2007   

EN

Official Journal of the European Union

C 116/1

1.1

The ECB fully supports the proposed directive's objective of enhancing coordination among the actions planned in different relevant European Union sectors for the prevention of, preparedness for and response to threats, particularly terrorist attacks involving critical infrastructures and cross-sector dependencies (2). In particular, the ECB considers it important to ensure that consistent and coordinated actions are taken in different sectors to properly respond to these threats.

1.2

The provisions of the proposed directive granting Member States certain responsibilities concerning the identification of the European Critical Infrastructures (hereinafter the ‘ECIs’), their notification to the Commission, and the establishment, updating, review and, in particular, regular supervision of the Operator Security Plans (‘OSPs’) of ECIs, as well as reporting the summary of risks for each sector to the Commission, must respect existing national and EU authorities' competencies. These include the exclusive tasks of central banks, required to be performed in an independent manner in accordance with the Treaty (3), as well as the tasks attributed to central banks under applicable national laws. In particular, it will be necessary to ensure that the national provisions implementing the proposed directive will be fully compatible with central banks' oversight powers or obligations with respect to payment, securities clearing and settlement systems and infrastructures, clearing houses and central counterparties (4). In this respect it is understood that the framework provided by this proposed directive will not prejudice central banks' powers and independence. A recital should be introduced in the proposed directive to reflect these considerations.

1.3

Moreover the ECB would like to stress that the Eurosystem and/or national central banks have already established measures ensuring business continuity in euro area payment systems, and the ECB considers that this work should be recognised with a view to avoiding duplication and ensuring consistency in the work done by several authorities.

2.1

First, the financial sector identified in the proposed directive is sub-divided into (1) payment and securities clearing and settlement infrastructure and systems; and (2) regulated markets. The ECB proposes broader wording to cover trading, payment, clearing and settlement systems and infrastructures for financial instruments.

2.2

Second, the definition of ‘critical infrastructure ’expressly recognises cross-sector dependencies since the effectiveness of implementing measures for any one sector could be severely undermined by failure to properly address sectoral interdependencies. However, it is noted that this definition does not expressly refer only to assets located solely within the EU. Therefore, it is not clear how assets located partly outside the EU, whose disruption or destruction would affect European critical infrastructures, would be treated under the proposed directive. The ECB would welcome further clarification of this issue.

2.3

Third, the ‘severity test ’relevant to the identification of European critical infrastructures is quite broad and should be enhanced with clearer indications to ensure consistency of designation across countries and sectors. It would be helpful to further clarify this concept when establishing cross-cutting and sectoral criteria through the comitology procedure under the proposed directive. It is noted that the proposed directive is likely to bring additional administrative requirements which are likely to have associated costs for infrastructures and relevant authorities. Depending on the establishment of such thresholds, infrastructures not currently overseen may be caught and subject to additional costs.

2.4

Fourth, a separate Community act may be needed to establish procedures to identify and designate ECIs owned or operated by Community institutions, bodies or agencies. While under the proposed directive the Commission may propose a list of critical infrastructures to be designated as ECIs on the basis both of notifications made by Member States and ‘of any other information at the Commission's disposal’, it might not be practical for ECIs operated by Community bodies and having a pan-European dimension to be part of a system that would be administered by the Member States.

2.5

Fifth, according to the proposed directive, the list of critical infrastructures designated as ECIs is required to be adopted in accordance with the comitology procedure established by the proposed directive (5). The list of all ECIs would be adopted before the establishment and putting into operation of the OSPs containing relevant security solutions for the protection of the listed ECIs, since operators have a year following designation to draw up an OSP. In this context, publicity is undesirable for payment and securities clearing and settlement infrastructures and systems. In particular, as the purpose of the Directive includes the preparation for threats affecting financial markets, it would be unsound to publicly disclose the list of critical infrastructures materially relevant for the smooth functioning of financial markets. Today, no country in the world would publicly disclose such a list on the basis of similar considerations. The ECB therefore strongly recommends keeping the list of ECIs confidential.

2.6

Finally, the ECB strongly recommends giving adequate consideration to existing measures in defining implementing measures and focusing on those areas where no specific measures have been so far identified. In this context it seems therefore desirable not to start work on defining or implementing measures in the areas of payments and clearing, but rather to acknowledge the work already done by the competent authorities. On the one hand, additional regulation and related burdens will need to be justified through adequate impact analysis. On the other hand, it is important to keep standards and regulations in this area sufficiently flexible so that they can be easily and continuously adapted to the changing environment. The ECB would prefer no specific legally binding measures to be adopted. Should the Commission decide to adopt implementing measures, the ECB will have to be formally consulted under the Treaty on any such measures relating to payment and securities clearing and settlement infrastructures and systems, and other matters falling within the ECB's fields of competence (6).

26.5.2007   

EN

Official Journal of the European Union

C 116/5

26.5.2007   

EN

Official Journal of the European Union

C 116/6

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4608. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

26.5.2007   

EN

Official Journal of the European Union

C 116/6

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4609. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

26.5.2007   

EN

Official Journal of the European Union

C 116/7

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4559. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

26.5.2007   

EN

Official Journal of the European Union

C 116/7

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4665. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

26.5.2007   

EN

Official Journal of the European Union

C 116/8

26.5.2007   

EN

Official Journal of the European Union

C 116/9

26.5.2007   

EN

Official Journal of the European Union

C 116/12

26.5.2007   

EN

Official Journal of the European Union

C 116/16

1.

On 21 May 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation No 139/2004 (1) by which the undertaking Salzgitter AG (‘Salzgitter’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Vallourec Précision Etirage S.A.S. (‘VPE’, France) controlled by Vallourec SA (‘Vallourec’, France) by purchase of shares and over the steel plant of V&M Deutschland GmbH based in Zeithain, (‘Werk Zeithain’, Germany), by way of purchase of assets.

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 Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4628 — Salzgitter/Vallourec Précision Etirage/Werk Zeithain, to the following address:

26.5.2007   

EN

Official Journal of the European Union

C 116/17

1.

On 21 May 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking A-WAY Infrastrukutrprojekt-entwicklungs- und –betriebs GmbH (‘A-WAY’, Austria), part of the group STRABAG SE (‘STRABAG’, Austria), and the undertaking Leitner GmbH, part of the group Leitner SpA (‘Leitner group’, Italy), acquire within the meaning of Article 3 (1)(b) of the Council Regulation joint control of the undertaking Nordpark Errichtungs- und Betriebs GmbH (‘Nordpark’), a company previously solely controlled by A-WAY, by way of 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 Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4486 — Leitner/Strabag/Nordpark, to the following address:

26.5.2007   

EN

Official Journal of the European Union

C 116/18

1.

On 16 May 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking United Technologies Corporation (‘UTC’, United States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Rentokil Initial plc's Electronic Security Group (‘Initial ESG’, United Kingdom) by way of 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 Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4671 — UTC/Initial Electronic Security Group, to the following address: