ISSN 1977-091X

Official Journal

of the European Union

C 324

European flag  

English edition

Information and Notices

Volume 61
13 September 2018


Contents

page

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2018/C 324/01

Non-opposition to a notified concentration (Case M.8831 — Mondi/Powerflute) ( 1 )

1

2018/C 324/02

Non-opposition to a notified concentration (Case M.8990 — PIAG/MTIB/Abatec) ( 1 )

1


 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

Council

2018/C 324/03

List of appointments made by the Council — January-July 2018 (social field)

2

 

European Commission

2018/C 324/04

Euro exchange rates

11

 

Court of Auditors

2018/C 324/05

Special Report No 23/2018 — Air pollution: Our health still insufficiently protected

12

 

European Data Protection Supervisor

2018/C 324/06

Summary of the Opinion of the European Data Protection Supervisoron the proposal amending Directive 2017/1132/EC as regards the use of digital tools and processes in company law

13


 


 

(1)   Text with EEA relevance.

EN

 


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

13.9.2018   

EN

Official Journal of the European Union

C 324/1


Non-opposition to a notified concentration

(Case M.8831 — Mondi/Powerflute)

(Text with EEA relevance)

(2018/C 324/01)

On 23 May 2018, 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 32018M8831. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


13.9.2018   

EN

Official Journal of the European Union

C 324/1


Non-opposition to a notified concentration

(Case M.8990 — PIAG/MTIB/Abatec)

(Text with EEA relevance)

(2018/C 324/02)

On 24 August 2018, 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 German language 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 32018M8990. EUR-Lex is the online access to the European law.


(1)  OJ L 24, 29.1.2004, p. 1.


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

13.9.2018   

EN

Official Journal of the European Union

C 324/2


List of appointments made by the Council

January-July 2018 (social field)

(2018/C 324/03)

Committee

End of term of office

Publication in OJ

Person replaced

Resignation/appointment

Member/alternate

Category

Country

Person appointed

Affiliation

Date of Council Decision

European Centre for the Development of Vocational Training

17.9.2018

OJ C 232, 16.7.2015, p. 2.

Ms Soledad IGLESIAS JIMÉNEZ

Resignation

Member

Government

Spain

Mr Juan José ESCOBAR SANZ

Spanish Ministry of Education, Culture and Sport (MECD)

18.6.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Thierry VANMOL

Resignation

Alternate

Employers

Belgium

Ms Dorothée DUPUIS

Essenscia Wallonie

29.1.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Ms Reneta VASILEVA

Resignation

Alternate

Trade Unions

Bulgaria

Mr Ognian ATANASOV

CITUB

29.1.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Carlo STEFFES

Resignation

Alternate

Government

Luxembourg

Mr Armin KOEGEL

Ministère de la Santé

29.1.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Leo SUOMAA

Resignation

Member

Government

Finland

Mr Raimo ANTILA

Ministry of Social Affairs and Health

29.1.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Wiking HUSBERG

Resignation

Alternate

Government

Finland

Mr Hannu STÅLHAMMAR

Ministry of Social Affairs and Health

8.3.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Ms Christina JÄRNSTEDT

Resignation

Member

Trade Unions

Sweden

Ms My BILLSTAM

LO Sweden

16.4.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Rasmus RAABJERG NIELSEN

Resignation

Member

Trade Unions

Denmark

Ms Nina HEDEGAARD

The Confederation of Professionals in Denmark (FTF)

16.4.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Ms Nina HEDEGAARD

Resignation

Alternate

Trade Unions

Denmark

Mr Rasmus RAABJERG NIELSEN

The Danish Confederation of Trade Unions (LO)

16.4.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Pedro Nuno PIMENTA BRAZ

Resignation

Member

Government

Portugal

Maria Luísa TORRES DE ECKENROTH GUIMARÃES

ACT-Autoridade para as Condições de Trabalho

18.6.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Antόnio ROBALO DOS SANTOS

Resignation

Alternate

Government

Portugal

Ms Helena KRIPPAHL

ACT-Autoridade para as Condições de Trabalho

18.6.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Ms Yvonne MULLOOLY

Resignation

Member

Government

Ireland

Ms Paula GOUGH

Health and Safety Authority

16.7.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Patrick MADDALONE

Resignation

Member

Government

France

Mr Frédéric TEZE

Ministère du Travail, de l'Emploi et de la Santé

16.7.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Mr Frédéric TEZE

Resignation

Alternate

Government

France

Mr Arnaud PUJAL

Ministère du Travail, de l'Emploi et de la Santé

16.7.2018

Advisory Committee on Safety and Health at Work

28.2.2019

OJ C 79, 1.3.2016.

Ms Katell DANIAULT

Resignation

Alternate

Government

France

Ms Clémentine BRAILLON

Ministère du Travail, de l'Emploi et de la Santé

16.7.2018

Advisory Committee on Freedom of Movement for Workers

24.9.2018

OJ C 348, 23.9.2016.

Mr Francisco GONZÁLEZ MORENO

Resignation

Member

Trade Unions

Spain

Mr José Antonio MORENO DIAZ

CCOO

29.1.2018

Advisory Committee on Freedom of Movement for Workers

24.9.2018

OJ C 348, 23.9.2016.

Ms Eva DIANIŠKOVÁ

Resignation

Member

Government

Czech Republic

Ms Petra SILOVSKÁ

Ministry of Labour and Social Affairs of the Czech Republic

8.3.2018

Advisory Committee on Freedom of Movement for Workers

24.9.2018

OJ C 348, 23.9.2016.

Mr Kees VAN DUIN

Resignation

Alternate

Government

Netherlands

Ms Gaby BLOM-FABER

Ministry of Social Affairs and Employment

IZ/EA

22.5.2018

Advisory Committee on Freedom of Movement for Workers

24.9.2018

OJ C 348, 23.9.2016.

Ms Siiri OTSMANN

Resignation

Member

Government

Estonia

Ms Kristi SUUR

Ministry of Social Affairs of Estonia

18.6.2018

Advisory Committee on Freedom of Movement for Workers

24.9.2018

OJ C 348, 23.9.2016.

Ms Carita RAMMUS

Resignation

Alternate

Government

Estonia

Ms Thea TREIER

Ministry of Social Affairs of Estonia

18.6.2018

Advisory Committee on Freedom of Movement for Workers

24.9.2018

OJ C 348, 23.9.2016.

Ms Katrin TRUVE

Resignation

Member

Employers

Estonia

Ms Helo TAMME

The Estonian Employers' Confederation

18.6.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Ms Lindsay ROOME

Resignation

Member

Government

United Kingdom

Ms Danielle WELLS

Department for Work and Pensions (DWP)

Caxton House

23.1.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Ms Lindsay FULLARTON

Resignation

Alternate

Government

United Kingdom

Ms Annette LOAKES

Department for Work and Pensions (DWP)

Caxton House

23.1.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Mr Malcolm SCICLUNA

Resignation

Member

Government

Malta

Ms Fiona Cilia PULIS

Ministry for the Family, Children's Rights and Social Solidarity

29.1.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Ms Pirjo VÄÄNÄNEN

Resignation

Member

Trade Unions

Finland

Ms Tuuli GLANTZ

The Central Organisation of Finnish Trade Unions (SAK)

22.5.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Ms Zsófia TÓTH

Resignation

Alternate

Government

Hungary

Mr András LOPUSSNY

Ministry of Human Capacities

22.5.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Mr Claude EWEN

Resignation

Member

Government

Luxembourg

Ms Carine PIGEON

Inspection générale de la Sécurité sociale

18.6.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Ms Karin MANDERSCHEID

Resignation

Alternate

Government

Luxembourg

Ms Anne RECH

Ministère de la Sécurité sociale

18.6.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Mr Vincent JACQUET

Resignation

Alternate

Trade Unions

Luxembourg

Mr Paul DE ARAUJO

LCGB

18.6.2018

Advisory Committee for the Coordination of Social Security Systems

19.10.2020

OJ C 341, 16.10.2015

Ms Ellen NYGREN

Resignation

Member

Trade Unions

Sweden

Ms Joa BERGOLD

Swedish Trade union Confederation

16.7.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Mr Jan KAHR FREDERIKSEN

Resignation

Member

Trade Unions

Denmark

Ms Nina HEDEGAARD

FTF

29.1.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Mr Leo SUOMAA

Resignation

Member

Government

Finland

Mr Raimo ANTILA

Ministry of Social Affairs and Health

29.1.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Ms Maria BJERRE

Resignation

Alternate

Trade Unions

Denmark

Mr Rasmus RAABJERG NIELSEN

The Danish Confederation of Trade Unions

29.1.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Mr Wiking HUSBERG

Resignation

Alternate

Government

Finland

Mr Hannu STÅLHAMMAR

Ministry of Social Affairs and Health

8.3.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Ms Christina JÄRNSTEDT

Resignation

Alternate

Trade Unions

Sweden

Ms My BILLSTAM

LO Sweden

16.4.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Mr António ROBALO DOS SANTOS

Resignation

Member

Government

Portugal

Ms Maria Luísa TORRES DE ECKENROTH GUIMARÃES

ACT-Autoridade para as Condições de Trabalho

18.6.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Mr Frédéric TEZE

Resignation

Member

Government

France

Mr Arnaud PUJAL

Ministère du Travail, de l'Emploi et de la Santé

16.7.2018

Governing Board of the European Agency for Safety and Health at Work

7.11.2019

OJ C 386, 20.10.2016

Ms Katell DANIAULT

Resignation

Alternate

Government

France

Ms Clémentine BRAILLON

Ministère du Travail, de l'Emploi et de la Santé

16.7.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Mary O'SULLIVAN

Resignation

Alternate

Government

Ireland

Ms Fiona WARD

Department of Business, Enterprise and Innovation

23.1.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Fiona WARD

Resignation

Member

Government

Ireland

Ms Mary O'SULLIVAN

Department of Employment Affairs and Social Protection

23.1.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Dorthe ANDERSEN

Resignation

Member

Employers

Denmark

Ms Christiane MIßLBECK-WINBERG

Confederation of Danish Employers

8.3.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Lone HENRIKSEN

Resignation

Member

Government

Denmark

Mr Thomas Mølsted JØRGENSEN

The Ministry of Employment

22.5.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Anna KWIATKIEWICZ-MORY

Resignation

Member

Employers

Poland

Mr Andrzej RUDKA

Konfederacja Lewiatan

18.6.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Katharina LINDNER

Resignation

Member

Employers

Austria

Ms Cornelia HOCKE

Federation of Austrian Industries

18.6.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Mr Vincent JACQUET

Resignation

Member

Trade Unions

Luxembourg

Mr Paul DE ARAUJO

LCGB

18.6.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Mr Paul DE ARAUJO

Resignation

Member

Trade Unions

Luxembourg

Ms Véronique EISCHEN-BECKER

OGBL

18.6.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Véronique EISCHEN-BECKER

Resignation

Alternate

Trade Unions

Luxembourg

Mr Paul DE ARAUJO

LCGB

18.6.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Mr Manuel MADURO ROXO

Resignation

Member

Government

Portugal

Ms Maria Luísa TORRES DE ECKENROTH GUIMARÃES

ACT-Autoridade para as Condições de Trabalho

18.6.2018

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2019

OJ C 447, 1.12.2016

Ms Rena BARDANI

Resignation

Member

Employers

Greece

Mr Christos IOANNOU

SEV — Hellenic Federation of Enterprises

18.6.2018


European Commission

13.9.2018   

EN

Official Journal of the European Union

C 324/11


Euro exchange rates (1)

12 September 2018

(2018/C 324/04)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,1585

JPY

Japanese yen

129,13

DKK

Danish krone

7,4594

GBP

Pound sterling

0,89028

SEK

Swedish krona

10,4740

CHF

Swiss franc

1,1277

ISK

Iceland króna

132,10

NOK

Norwegian krone

9,6328

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,590

HUF

Hungarian forint

325,73

PLN

Polish zloty

4,3099

RON

Romanian leu

4,6380

TRY

Turkish lira

7,3781

AUD

Australian dollar

1,6268

CAD

Canadian dollar

1,5137

HKD

Hong Kong dollar

9,0934

NZD

New Zealand dollar

1,7772

SGD

Singapore dollar

1,5945

KRW

South Korean won

1 307,37

ZAR

South African rand

17,4368

CNY

Chinese yuan renminbi

7,9588

HRK

Croatian kuna

7,4350

IDR

Indonesian rupiah

17 174,76

MYR

Malaysian ringgit

4,8037

PHP

Philippine peso

62,640

RUB

Russian rouble

80,1609

THB

Thai baht

37,981

BRL

Brazilian real

4,7859

MXN

Mexican peso

22,1760

INR

Indian rupee

83,6705


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


Court of Auditors

13.9.2018   

EN

Official Journal of the European Union

C 324/12


Special Report No 23/2018

‘Air pollution: Our health still insufficiently protected’

(2018/C 324/05)

The European Court of Auditors hereby informs you that Special Report No 23/2018 ‘Air pollution: Our health still insufficiently protected’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu


European Data Protection Supervisor

13.9.2018   

EN

Official Journal of the European Union

C 324/13


Summary of the Opinion of the European Data Protection Supervisoron the proposal amending Directive 2017/1132/EC as regards the use of digital tools and processes in company law

(The full text of this Opinion can be found in EN, FR and DE on the EDPS website www.edps.europa.eu)

(2018/C 324/06)

The Opinion is issued in response to a consultation by the European Commission, as well as upon a specific request of the European Parliament.

The Proposal for a Directive amending Directive (EU) 2017/1132/EC as regards the use of digital tools and processes in company law aims at complementing the current EU framework by addressing the lack of rules for online company registration, filing and publication of the registered information on companies and branches in electronic form or the divergence of such rules in the Member States. Moreover, it aims at ensuring that Member States enable companies to benefit from the use of electronic identification and at providing for an additional exchange of data between the national business registers concerning the disqualification of directors. It also ensures a free of charge access of a list of documents and information in all Member States and introduces the once-only principle in the area of company law so that companies should not have to provide the same information twice to different authorities. Finally, it introduces the possibility for the Commission to establish an optional access point for EU institutions to the platform.

The EDPS welcomes the Proposal and shares the Commission’s views that the use of digital tools may provide for more equal opportunities for companies while recalling the need to take into account the fact that increased access to personal data must be accompanied with effective measures to prevent unlawful or unfair processing of these data. That is why the Opinion focuses on specific recommendations with two objectives: to guarantee legal certainty and to raise awareness as to risks resulting from the accessibility of personal data that would be made widely available on the internet in digital form in multiple languages via an easily accessible European platform/access point.

The EDPS recommends to take the opportunity of the revision of the Business Registers Interconnection System provisions to carefully consider the recommendations provided in his Opinion on the Proposal for a Directive of the European Parliament and of the Council amending Directives 89/666/EEC, 2005/56/EC and 2009/101/EC as regards the interconnection of central, commercial and companies registers. Moreover he recommends to take into account the specific recommendations which were given in the Opinion on the proposal for a Regulation establishing a Single Digital Gateway and the ‘once-only’ principle, in order to ensure legal certainty in the personal data processing.

The EDPS further suggests adding a reference to the new Regulation that will soon replace Regulation (EC) No 45/2001 of the European Parliament and of the Council (1). He also recommends to make sure that the Proposal specifies the framework for data-flows and administrative cooperation procedures using the electronic network, in order to ensure that data is processed through a solid legal basis and that adequate data protection safeguards are provided for, in particular in relation to the personal data concerning the disqualification of directors.

Finally, the EDPS recommends to add a reference to the Commission Decision 204/333/EU (2), which states the tasks and responsibilities of the Commission in the data processing in the context of the E-justice portal. Moreover he calls for a clarification of the respective division of tasks and responsibilities of each party involved in the data processing in the context of controllership and joint controllership.

1.   INTRODUCTION AND BACKGROUND

1.

On 25 April 2018, the European Commission (‘Commission’) adopted the proposal for a Directive of the European Parliament (‘Parliament’) and of the Council amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law (3) (‘Proposal’), together with the proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (4). As the latter provides for harmonised rules in the area of cross-border conversions, mergers and divisions of companies, the Opinion focuses on the Proposal.

2.

This Opinion is in response to a consultation by the Commission and a separate request from the Parliament to the European Data Protection Supervisor (‘EDPS’), as an independent supervisory authority, to provide an Opinion on the Proposal. The EDPS is grateful to have been consulted as required by Article 28(2) of Regulation (EC) No 45/2001 and that a reference to the Opinion is included in the preamble of the Proposal.

1.1.   Objectives of the Proposal

3.

The Proposal is based on Article 50(1) and points (b), (c), (f) and (g) of Article 50(2) of the Treaty on the Functioning of the European Union. It aims at:

complementing the current EU framework by addressing the lack of rules for online company registration, filing and publication of the registered information on companies and branches in electronic form or the divergence of such rules in the Member States, which, according to the Commission, create unncessary costs and burdens to entrepreneurs (5);

ensuring that Member States would enable companies to benefit from the use of electronic identification and trust services through the eIDAS Regulation (6);

providing for an additional exchange of data between the national business registers concerning the disqualification of directors;

expanding the access to disclosed documents and information on companies, to companies other than the limited liability companies listed in Annex II to the Directive (EU) 2017/1132 of the European Parliament and of the Council (7);

ensuring the free of charge access of a list of documents and information in all Member States;

introducing the once-only principle in the area of company law so that companies should not have to provide the same information twice to different authorities;

introducing the possibility for the Commission to establish an optional access point for EU institutions to the platform.

1.2.   Context of the proposal

4.

Directive (EU) 2017/1132, which is to be amended by the Proposal, has codified several Directives in the field of company law (8), including Directive 2012/17/EU of the European Parliament and of the Council (9). Directive 2012/17/EU has established the Business Registers Interconnection System (‘BRIS’), which has been further detailed under the Commission Implementing Regulation (EU) 2015/884 (10). The BRIS has been in place since 8 June 2017. According to the Commission’s website, 31 countries participate (the EU Member States plus European Economic Area countries). The BRIS connects the national business registers to a ‘European Central Platform’ and provides for a single point of access via the European e-Justice Portal, through which citizens, businesses and public administrations can search for information on companies and their branches opened in other Member States. CEF eDelivery (one of the building blocks of the European Commission’s Connecting Europe Facility) (11) allows Member State business register systems to exchange messages securely via the CEF eDelivery. Users of BRIS can also benefit from the login system as the E-justice Portal uses CEF-eDelivery.

5.

Nonetheless, according to the impact assessment accompanying the Proposal, the EU still offers a very inconsistent landscape when it comes to the availability of online tools for companies in their contact with public authorities in the area of company law. Member States provide for e-government services at variable degrees. Currently, EU company law includes certain elements of digitalisation such as the obligation for Member States to make available online information about limited liability companies. However these requirements are limited and lack precision, leading to a very diverse implementation at national level. In addition, certain digital processes are not covered at all by EU law and today only 17 Member States provide for a procedure ensuring the fully online registration of companies. The situation is similar for the online registration of branches (12).

1.3.   Synergies with other initiatives

6.

In the explanatory memorandum of the Proposal, it is noted that the provision of more specific, substantial rules on the procedures for establishing and registering limited liability companies and branches would complement the Commission’s proposal for a Regulation on the establishment of a Single Digital Gateway (13), which covers the general registration of business activity via onlines means except for the constitution of limited liability company. The introduction of the ‘once-only principle’ in the area of company law, according to which companies should not have to provide the same information twice to different authorities, is also in line with the e-Government Action Plan 2016-2020, supporting EU wide efforts to reduce the administrative burdens on citizens and businesses (14).

3.   CONCLUSION

Therefore, the EDPS recommends:

to take the opportunity of the revision of the Directive (EU) 2017/1132 related to BRIS to carefully consider the recommendations provided in his previous Opinion of 2011;

to take into account the specific recommendations which were given in his previous Opinion on the proposal for a Regulation on the establishment of a Single Digital Gateway and the ‘once-only’ principle;

to add a reference to the new Regulation that will soon replace Regulation (EC) No 45/2001;

to make sure that the Proposal specifies the framework for data-flows and administrative cooperation procedures using the electronic network, in order to ensure that (i) any data exchange or other data processing activity using the electronic network (e.g. public disclosure of personal data via the common platform/access point) is made on a solid legal basis, and that (ii) adequate data protection safeguards are provided for, in particular in relation to the personal data concerning the disqualification of directors;

to add a reference to the Decision 2014/333/EU, which states the tasks and responsibilities of the Commission in the data processing in the context of the E-justice portal;

to clarify the respective division of tasks and responsibilities of each party involved in the data processing in the context of controllership and joint controllership.

Brussels, 26 July 2018.

Giovanni BUTTARELLI

European Data Protection Supervisor


(1)  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).

(2)  Commission Decision 2014/333/EU of 5 June 2014 on the protection of personal data in the European e-Justice Portal (OJ L 167, 6.6.2014, p. 57).

(3)  COM(2018) 239 final, 2018/0113 (COD).

(4)  COM(2018) 241 final, 2018/0114 (COD).

(5)  Explanatory Memorandum to the Proposal, pages 4 and 5.

(6)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). This Regulation establishes common standards for mutual recognition of electronic identification means for the purposes of cross-border authentication for online service provided by a public sector body in a Member State. See the EDPS Opinion 2013/C 28/04 on the Commission proposal for a regulation of the European Parliament and of the Council on trust and confidence in electronic transactions in the internal market (Electronic Trust Services Regulation) https://edps.europa.eu/sites/edp/files/publication/12-09-27_electronic_trust_services_en_0.pdf and its executive summary (OJ C 28, 30.1.2013, p. 6).

(7)  Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46).

(8)  It repeals Council Directives 82/891/EEC and 89/666/EEC and Directives 2005/56/EC, 2009/101/EC, 2011/35/EU and 2012/30/EU of the European Parliament and of the Council.

(9)  Directive 2012/17/EU of the European Parliament and of the Council of 13 June 2012 amending Council Directive 89/666/EEC and Directives 2005/56/EC and 2009/101/EC of the European Parliament and of the Council as regards the interconnection of central, commercial and companies registers (OJ L 156, 16.6.2012, p. 1).

(10)  Commission Implementing Regulation (EU) 2015/884 of 8 June 2015 establishing technical specifications and procedures required for the system of interconnection of registers established by Directive 2009/101/EC of the European Parliament and of the Council (OJ L 144, 10.6.2015, p 1).

(11)  eDelivery prescribes technical specifications that can be used in any Policy Domain of the EU (Justice, Procurement, Consumer Protection, etc.) to enable secure and reliable exchange of documents and data (structured, non-structured and/or binary), both across borders and sectors. As a result, organisations that have developed their IT systems independently from each other can start to securely communicate with one another once they have connected to a eDelivery node. See the Commission website:

https://ec.europa.eu/cefdigital/wiki/display/CEFDIGITAL/2017/06/19/BRIS+Now+Live+on+the+European+e-Justice+Portal

https://ec.europa.eu/cefdigital/wiki/display/CEFDIGITAL/What+is+eDelivery+-+Overview

(12)  Commission Staff Working Document - Impact assessment - SWD(2018) 141 final, 1.4.1 Driver: What causes the problem?, page 13 and following.

(13)  Proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/2012, COM(2017) 256 final, 2017/0086 (COD). See the EDPS Opinion 8/2017 issued on the Single Digital Gateway Proposal and the ‘once-only’ principle: https://edps.europa.eu/sites/edp/files/publication/17-08-01_sdg_opinion_en.pdf

(14)  Explanatory Memorandum to the Proposal, page 6.