16.1.2018

Official Journal of the European Union

C 14/2

Euro exchange rates (1)

15 January 2018

(2018/C 14/02)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,2277
JPY	Japanese yen	135,81
DKK	Danish krone	7,4496
GBP	Pound sterling	0,89043
SEK	Swedish krona	9,8335
CHF	Swiss franc	1,1799
ISK	Iceland króna
NOK	Norwegian krone	9,6708
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,531
HUF	Hungarian forint	308,90
PLN	Polish zloty	4,1686
RON	Romanian leu	4,6278
TRY	Turkish lira	4,6442
AUD	Australian dollar	1,5434
CAD	Canadian dollar	1,5263
HKD	Hong Kong dollar	9,6050
NZD	New Zealand dollar	1,6828
SGD	Singapore dollar	1,6223
KRW	South Korean won	1 305,74
ZAR	South African rand	15,1034
CNY	Chinese yuan renminbi	7,9040
HRK	Croatian kuna	7,4340
IDR	Indonesian rupiah	16 337,05
MYR	Malaysian ringgit	4,8568
PHP	Philippine peso	61,753
RUB	Russian rouble	69,2832
THB	Thai baht	39,194
BRL	Brazilian real	3,9237
MXN	Mexican peso	23,1195
INR	Indian rupee	77,9805

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

16.1.2018

Official Journal of the European Union

C 14/3

Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 February 2018

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(2018/C 14/03)

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 421, 8.12.2017, p. 16.

From	To	AT	BE	BG	CY	CZ	DE	DK	EE	EL	ES	FI	FR	HR	HU	IE	IT	LT	LU	LV	MT	NL	PL	PT	RO	SE	SI	SK	UK
1.2.2018	…	-0,18	-0,18	0,65	-0,18	0,75	-0,18	0,02	-0,18	-0,18	-0,18	-0,18	-0,18	0,54	0,09	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	1,85	-0,18	2,21	-0,42	-0,18	-0,18	0,73
1.1.2018	31.1.2018	-0,18	-0,18	0,65	-0,18	0,75	-0,18	0,02	-0,18	-0,18	-0,18	-0,18	-0,18	0,54	0,13	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	1,85	-0,18	1,89	-0,42	-0,18	-0,18	0,73

16.1.2018

Official Journal of the European Union

C 14/4

New national side of euro coins intended for circulation

(2018/C 14/04)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country : Spain

Subject of commemoration : UNESCO's World Cultural and Natural Heritage Sites - Santiago

Description of the design : The City of Santiago de Compostela was declared World Cultural Heritage by UNESCO in 1985, considering its urban beauty and monumental integrity added to the deep echoes of its spiritual and cultural significance of the Middle Ages: the Camino de Santiago Pilgrimage.

The Camino de Santiago (The Way of St. James) is a large network of ancient pilgrim routes stretching across Europe and coming together at the tomb of St. James in Santiago de Compostela in north-west Spain.

The design reproduces the sculpture of Santiago as a central figure in the canvas of the Puerta Santa of Santiago de Compostela Cathedral. On the left hand side, in semi-circle, is the word “ESPAÑA”, at the bottom left the year of issuance “2018” and underneath the mint mark.

The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued :

Date of issue :

(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2) See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

16.1.2018

Official Journal of the European Union

C 14/5

New national side of euro coins intended for circulation

(2018/C 14/05)

Issuing country : Andorra

Subject of commemoration : 25th anniversary of the Andorran Constitution

Description of the design : The design depicts the ‘Monument to the Men and Women of Andorra who launched the Constitution’, which stands in the square of the Consell General (Andorra’s Parliament). This monument shows the silhouettes of a man and a woman and commemorates the will expressed by the Andorran citizenry, in the referendum held on 14 March 1993, to become a constitutional state, democratic and social, as expressed in article 1 of the Constitution. To the right of the monument there is the map of Andorra with the Latin inscription ‘VIRTVS VNITA FORTIOR’ (virtue united is stronger) inside, which is the state motto of the Principality of Andorra. Surrounding the design there are the inscriptions ‘25è ANIVERSARI DE LA CONSTITUCIÓ 1993-2018’ (25th anniversary of the Constitution 1993-2018) and the name of the country ‘ANDORRA’.

The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued :

Date of issue : First trimester of 2018

(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

16.1.2018

Official Journal of the European Union

C 14/6

Summary of the Opinion of the European Data Protection Supervisor on safeguards and derogations under Article 89 GDPR in the context of a proposal for a Regulation on integrated farm statistics

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2018/C 14/06)

The draft Regulation on integrated farm statistics, as proposed by the European Commission, after consultation of the European Data Protection Supervisor, raises few data protection issues in and of itself. However, the amendments proposed in the context of discussions in the Council raise new issues not initially present in the Commission proposal. Notably, if these amendments were to be included in the final text, the draft Regulation would become the first EU legislative instrument that would provide for a derogation from the rights of access, rectification, as well as from the right of restriction and the right to object for the processing of personal data for statistical purposes pursuant to Article 89 of the General Data Protection Regulation. The EDPS therefore welcomes that the Council consulted him on this new development, thus providing the opportunity to the EDPS to issue an Opinion at this stage of the procedure.

This Opinion focuses on the necessity test for derogations under Article 89 of the GDPR read in the light of the Charter. The EDPS emphasises, in particular, that the rights of access and rectification are set out in Article 8(2) of the Charter itself, and are considered as essential components of the right to the protection of personal data. Any derogation to these rights must not go beyond what is strictly necessary to achieve its objective and must meet the high standards required by Article 52(1) of the Charter of Fundamental Rights of the European Union and Article 89 of the GDPR.

In addition to highlighting the need for a thorough assessment of necessity, the Opinion also points out to the need to minimise the scope of any restrictions, and discusses the nature of the safeguards required. The Opinion also discusses Article 11 of the GDPR, which may potentially help address some of the concerns of national statistical institutes raised by the Council, without the need for any derogations under Article 89 of the GDPR. In particular, in accordance with Article 11, in cases where a controller is able to demonstrate that it is not in a position to identify the data subject, the rights of the data subjects under Articles 15 to 20 would not apply.

In light of the foregoing, the EDPS recommends that the Council reassess the necessity for the proposed derogations in the light of the standard established under Article 89 of the GDPR read in the light of the Charter. Unless the EU legislator can provide further justifications for the need for such derogations, and tailor the scope of the provisions more narrowly, the EDPS recommends instead considering to what extent Article 11 of the GDPR may help address legitimate concerns of national statistical institutes. It may be relevant at stages of the data processing when the keys connecting the individuals to the datasets about them have already been deleted, and other technical and organisational measures have been taken to ensure that the individuals can no longer be reidentified by the statistical institutes or by any other party.

The EDPS emphasises, however, that for the initial period often necessary for the preparation of statistics during which the individuals must remain directly or indirectly identifiable, the general rules set forth in the GDPR continue to apply. The fact that putting in place technical and organisational measures to provide access and other rights to individuals may require financial and human resources is by itself not a valid justification to derogate from the rights of individuals under the GDPR. This is true for all data subject rights under the GDPR, and especially crucial for rights of access and rectifications explicitly required under the Charter, which constitute essential components of the fundamental right to the protection of personal data.

1. INTRODUCTION AND BACKGROUND

On 9 December 2016, the European Commission (‘Commission’) adopted a Proposal for a Regulation of the European Parliament and of the Council on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (‘Proposal’) (1). The aim of the Proposal is to create a more coherent, flexible, and interlinked system of farm statistics, and provide the legislative framework for a programme of farm surveys starting with an agricultural census to run in 2020.

The draft Regulation itself, as proposed by the Commission, after consultation of the European Data Protection Supervisor (‘EDPS’), raised only few data protection issues, and these have been appropriately dealt with in the Proposal. Indeed, the EDPS welcomes that he has been consulted by the Commission prior to the adoption of the Proposal and that his informal comments have been taken into account. In particular, he supports the references, in recital 16, to the applicable data protection legislation, Directive 95/46/EC of the European Parliament and of the Council (2) and its national implementing provisions, as well as Regulation (EC) No 45/2001 of the European Parliament and of the Council (3), as the case may be. He also welcomes the reference, in recital 26, to the fact that the EDPS has been consulted. As the Proposal, as published on 9 December 2016, raised no significant outstanding data protection concerns, the EDPS decided at that stage not to issue a formal Opinion.

However, some of the amendments discussed in the context of negotiations in the Council of the European Union (‘Council’) during the legislative process raise new issues not initially present in the Commission Proposal. If these amendments were to be included in the final text, the draft Regulation would become the first EU instrument that would explicitly provide a derogation from the rights of access and rectification, as well as from the right of restriction and the right to object pursuant to Article 89 of the General Data Protection Regulation (‘GDPR’).

This significant new element justifies an Opinion of the EDPS at this stage of the procedure. The EDPS therefore welcomes that the Council decided to consult him on this new development and — on 26 September 2017 — specifically requested the EDPS to look into these amendments proposed in the context of the negotiations in the Council (4).

The purpose of this Opinion is to provide specific recommendations on the draft Regulation focusing on the relevant draft amendments under discussion in the Council. The focus of this Opinion, under Section 2, is to discuss and help assess whether or not the proposed derogations meet the necessity test for derogations for statistical purposes under Article 89 of the GDPR and under Article 52(1) of the Charter of Fundamental Rights of the European Union (‘Charter’). Additionally, in Section 3, the EDPS provides recommendations regarding the proposed provisions on the safeguards.

4. CONCLUSIONS

If the proposed amendments were to be included in the final text, the draft Regulation would become the first EU legislative instrument that would provide a derogation from the rights of access, rectification, as well as from the right of restriction and the right to object for the processing of personal data for statistical purposes pursuant to Article 89 of the GDPR. Given the novelty and importance of this subject, the EDPS welcomes and appreciates the Council’s consultation and concerns for the impact this Proposal may have on the protection of personal data.

—	The EDPS recommends that the Council reassess the necessity for the proposed derogations in the light of the standard established under Article 89 of the GDPR read in the light of the Charter.

—

Unless the EU legislator can provide further justifications for the need for such derogations, and tailor the scope of the provisions more narrowly, the EDPS recommends instead considering to what extent Article 11 of the GDPR may help address legitimate concerns of national statistical institutes. In particular, it may be relevant at stages of the data processing when the keys connecting the individuals to the datasets about them have already been deleted, and other technical and organisational measures have been taken to ensure that the individuals can no longer be reidentified by the statistical institutes or by any other party.

Should the necessity for specific derogations be justified at the later stage, the EDPS would offer the following additional recommendations regarding Article 12a related to the conditions and safeguards:

—	The EDPS welcomes the clear statement that the personal data shall not be used for taking measures or decision regarding any particular data subject.

—	The EDPS also welcomes the provision that requires that personal data shall only be used for statistical purposes.

—	The EDPS recommends that the text be revised to clearly provide that the processing of personal data shall be subject to pseudonymisation and (rather than or) other appropriate safeguards under Article 89(1).

Brussels, 20 November 2017.

Giovanni BUTTARELLI

European Data Protection Supervisor

(1) COM(2016) 786 final — 2016/0389 (COD).

(2) 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 (OJ L 281, 23.11.1995, p. 31).

(3) 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 (OJ L 8, 12.1.2001, p. 1).

(4) See Note from the Presidency to delegations on ‘recital 16a and Article 12a in the Presidency text (data protection)’ (ref No 12351/17) dated Brussels, 21 September 2017. This document is also publicly available in the Council’s register under http://data.consilium.europa.eu/doc/document/ST-12351-2017-INIT/en/pdf

16.1.2018

Official Journal of the European Union

C 14/10

Notice of the impending expiry of certain anti-subsidy measures

(2018/C 14/08)

1. As provided for in Article 18(4) of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised 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 countervailing measures mentioned below will expire on the date mentioned in the table below.

2. Procedure

Union producers may lodge 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 subsidisation 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 H-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 18(4) of Regulation (EU) 2016/1037.

Product	Country(ies) of origin or exportation	Measures	Reference	Date of expiry (3)
Stainless steel wires	India	Anti-subsidy duty	Council Implementing Regulation (EU) No 861/2013 of 2 September 2013 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 240, 7.9.2013, p. 1)	8.9.2018

(1) OJ L 176, 30.6.2016, p. 55.

(2) TRADE-Defence-Complaints@ec.europa.eu

(3) The measure expires at midnight of the day mentioned in this column.

16.1.2018

Official Journal of the European Union

C 14/11

Prior notification of a concentration

(Case M.8736 — Toohil Telecom/Eircom)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 14/09)

On 8 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Toohil Telecom Holdings Limited (‘Toohil Telecom’, Ireland), ultimately controlled by Mr Xavier Niel (France), and

—	Eircom Holdco S.A. (‘Eircom’, Luxembourg).

Toohil Telecom acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Eircom.

The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

— for Toohil Telecom: part of the group of companies controlled by Mr Xavier Niel which are mainly focused on investments in the following sectors: telecoms, media, technologies, start-ups businesses and real estate. In particular, Mr Xavier Niel controls Iliad, a French company active in the provision of fixed and mobile telephony and internet access providing and hosting services.

— for Eircom: Eircom offers a range of fixed voice, data, high speed broadis point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Counciband, mobile, and TV services, as well as Voice over Internet Protocol and Wi-Fi services to the individual consumers, households, business users, wholesale customers, small and medium enterprises, and government in the Republic of Ireland. It also offers a range of connectivity services to the public sector customers in Northern Ireland, as well as to Irish companies with subsidiaries or branches in the United Kingdom.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 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.

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. The following reference should always be specified:

M.8736 — Toohil Telecom/Eircom

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

E-mail:

COMP-MERGER-REGISTRY@ec.europa.eu

Fax:

+32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.

16.1.2018

Official Journal of the European Union

C 14/13

Prior notification of a concentration

(Case M.8693 — EDF/Canadian Solar/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 14/10)

On 9 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Canadian Solar Inc (‘Canadian Solar’, Canada),

—	EDF ENR PWT (‘EDF ENR’, France), belonging to the group EDF (France),

—	the newly established joint venture Newco (France).

Canadian Solar and EDF ENR acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Newco.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

—	EDF ENR is specialized in the production of photovoltaic ingots, bricks, wafers, cells and modules, and a wholly owned indirect subsidiary of EDF Group, an energy company active in generation and wholesale supply of electricity, transmission, distribution and retail supply of electricity,

—	Canadian Solar is active worldwide in the manufacturing and supply of photovoltaic modules and the development, construction, operation and maintenance of photovoltaic energy projects.

Newco will develop, manufacture and sell solar ingots, bricks and wafers.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 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.

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. The following reference should always be specified:

Case M.8693 — EDF/Canadian Solar/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.

		ISSN 1977-091X
Official Journal of the European Union		C 14

English edition	Information and Notices	Volume 61 16 January 2018

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 14/01	Non-opposition to a notified concentration (Case M.8718 — Starwood Capital Group/Accor/Sofitel Budapest Chain Bridge Hotel) ( 1 )	1

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 14/02	Euro exchange rates	2
2018/C 14/03	Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 February 2018(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))	3
2018/C 14/04	New national side of euro coins intended for circulation	4
2018/C 14/05	New national side of euro coins intended for circulation	5
	European Data Protection Supervisor
2018/C 14/06	Summary of the Opinion of the European Data Protection Supervisor on safeguards and derogations under Article 89 GDPR in the context of a proposal for a Regulation on integrated farm statistics	6

	V Announcements
	ADMINISTRATIVE PROCEDURES
	European Commission
2018/C 14/07	Call for proposals and related activities under the 2018 work plan of the Fuel Cells and Hydrogen 2 Joint Undertaking	9
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2018/C 14/08	Notice of the impending expiry of certain anti-subsidy measures	10
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2018/C 14/09	Prior notification of a concentration (Case M.8736 — Toohil Telecom/Eircom) — Candidate case for simplified procedure ( 1 )	11
2018/C 14/10	Prior notification of a concentration (Case M.8693 — EDF/Canadian Solar/JV) — Candidate case for simplified procedure ( 1 )	13