Non-opposition to a notified concentration

(Case M.9825 – CPPIB/Téthys Invest/Galileo Global Education)

(Text with EEA relevance)

(2020/C 205/01)

On 15 June 2020, 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 32020M9825. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.9587 – ENGIE/EDP Renováveis/EDPR Offshore España)

(Text with EEA relevance)

(2020/C 205/02)

On 25 February 2020, 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 32020M9587. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Council Conclusions on ‘Demographic Challenges – the Way Ahead’

(2020/C 205/03)

ACKNOWLEDGING:

1.

The Strategic Agenda 2019–2024 stipulates that the basis for long-term sustainable and inclusive growth needs to be renewed and cohesion in the EU strengthened. This requires upward convergence of our economies to be achieved and a range of challenges, including demographic change, to be addressed.

2.

The European Pillar of Social Rights serves as a guide towards efficient employment and social outcomes for a socially fair and just transition to climate neutrality, digitalisation and demographic change.

3.

The outbreak and spread of the COVID-19 pandemic is an unprecedented global challenge that will impact in different ways on the various sectors of our societies, economies, labour markets, health and social care systems, families’ budgets and our citizens’ daily lives, possibly triggering new demographic challenges.

4.

Changes in climate, technology and demography affect and transform our societies and way of life (1). As sustainable development and inclusive economic growth require human capital and new, innovative solutions, demographic renewal needs to be supported in all Member States and should have the same priority as climate neutrality and digitalisation at EU level. It should be anticipated and reflected in all future Commission initiatives in a horizontal manner.

5.

Intra-EU labour mobility interacts with demographic change, easing demographic pressures in some regions while exacerbating the situation in others. The free movement of workers is and should remain one of the fundamental freedoms of the Union. While it has facilitated intra-EU labour mobility, it has also led to diverse phenomena in different regions of the Union: brain drain, brain gain, brain regain, brain circulation and population decline in general. It is important to provide regions lagging behind with conditions that make them more vibrant and attractive, thereby contributing to their sustainable development.

6.

During the COVID-19 global pandemic, free movement of workers should be fully maintained while all necessary measures aimed at preventing the spread of the virus and protecting the rights and health of vulnerable workers are taken.

7.

Between 2023 and 2060, the European labour force (aged 20–64) is projected to decline by 8,2 % (approximately 19 million people). This shrinking working-age population is expected to provide the means for pensions and healthcare services for the rapidly growing cohort of pensioners, challenging the sustainability and adequacy of pension systems (2). In order to sustain economic growth, it is important to invest in skills to promote productivity growth and to use the available labour force in full by integrating women and currently underrepresented groups, notably young people, the elderly and persons with disabilities, as well as to consider, where it is deemed appropriate, legal migration to mitigate the shrinking working-age population, while respecting national competences.

8.

Demographic trends in the EU are clearly pointing to the ageing of the population, with fertility rates sometimes significantly below the replacement level of 2,1 (3). Almost one fifth (19,7 %) of the total EU population is over 65 years old, and this cohort is expected to make up 28,5 % of the total population by 2050 (4). This highlights a steady increase of the dependency ratio. An ageing society brings challenges but also opportunities for economic and social development and for society as a whole. It could play an important role in job creation and in supporting activities in a diverse range of sectors. As we live longer and healthier lives thanks to progress in, amongst other areas, medicine and public healthcare, social security and eradicating poverty, new opportunities will emerge in the silver and care economies. Apart from its economic importance, the ‘silver economy’ should be considered a sign of social and cultural progress and connected to a positive and socially inclusive identity for the elderly in Europe. Increases in life expectancy and quality of life are to be considered as a success of the social model within the core values of the EU. Thus, a first objective regarding ageing of people is to focus on well-targeted policies and the provision of a comprehensive, age-appropriate healthcare system throughout life, particularly in the case of dependent persons.

9.

The elderly are valuable to society and therefore should effectively participate in society to the fullest extent and live their lives with dignity and as independently as possible, including those having disabilities. The demographic trends, including the rapidly ageing population and longer life expectancy, mean that the need for promotion of health and well-being, long-term care, as well as strain on the healthcare and pension systems, will increase in Europe. This challenge should be seen as an opportunity to develop new services, new jobs and new forms of cooperation, and for social development. Accessible welfare technology and digitalization can help meet these challenges.

10.

Active inclusion of young people in the labour market and in society is essential. Young people can be particularly vulnerable because of the transitional life period they are going through, lack of professional experience or even basic skills, inadequate education or training, limited social protection coverage, restricted access to financial resources and precarious working conditions (5).

11.

Raising children is a long-term endeavour, and in order for demographic policies to be effective, they must be reliable and enduring. Investment in affordable and high-quality early childhood education and care can contribute to demographic renewal and have significant positive outcomes, in particular for socioeconomically disadvantaged children, helping to make the future labour force more resilient in the face of demographic challenges, as well as achieving better social outcomes across the lifecycle.

12.

The Barcelona targets with regard to the availability of high-quality and affordable childcare facilities for pre-school children (90 % of children from age three until mandatory school age and 33 % of children under three participating in childcare facilities) should be further pursued in Member States that lag behind in order to ensure upwards convergence.

13.

Public policies should be designed in order to create the conditions, inter-alia the economic environment, enabling individuals and families to have the children they wish and to enjoy a better quality of life, live in safety and achieve balance between work, family and caring responsibilities.

14.

The 2019 Work-Life Balance Directive is aimed at achieving equality between women and men with regard to labour market opportunities and treatment at work by facilitating the reconciliation of work, family life and caring responsibilities for workers who are parents or carers, and promoting equal sharing of these responsibilities, as also enshrined in principle 9 of the European Pillar of Social Rights.

15.

Due to urbanisation, insufficient job opportunities, low incomes and inadequate services, many rural areas and island regions are seeing their populations decline, which increases the urban/rural divide, calling for the adoption of an integrated strategy in order to boost sustainable development of these regions based on their specific potential.

16.

Enhancing transport connections and further developing public transport enable people to move freely, addressing the connectivity gaps and therefore boosting social cohesion.

17.

Demographic change offers an opportunity to adapt pension, healthcare and long-term care systems. Active and healthy ageing, supported by efficient healthcare systems, flexible, adequate and tailored-made care models as well as employability of the ageing population are essential in ensuring the sustainability of social security and care systems. Improved coverage, accessibility, adequacy and sustainability are key to modernising social protection systems (6) and to reinforcing their resilience with regard to health and social system crises like the COVID-19 global pandemic.

18.

The EU is currently moving towards longer-living, lower-fertility and better-educated societies. A comprehensive, accurate and evidence-based picture of the current situation and future projections can be obtained by examining data on migration, fertility and mortality (7), together with education attainment and actual skill levels, labour force participation rates and other socio-demographic indicators. Evidence-based policy-making requires valid, relevant and timely data, disaggregated by sex and age. Continuously updated data on demographic processes and on factors influencing them, as well as on the specific needs and preferences of women and men of all age groups, constitute an essential tool for the formulation of demographic policies and the evaluation of their results.

19.

In designing demographic policies, cross-sectoral coordination and cooperation between social, family, health, employment, education and care services are strongly required, including all economic sectors, taking into consideration the economic conditions of each Member State.

20.

The key to success lies in effective coordination and collaboration among all government levels: national, regional and local, together with the engagement of the social partners, civil society and other relevant stakeholders, cooperating at all levels to make it work.

CONSIDERING THAT:

21.

The exploratory opinion of the European Economic and Social Committee on ‘Demographic challenges in the EU in the light of economic and development inequalities’ stresses that high-quality, accessible and affordable education, care and assistance (for children, people with disabilities and the elderly) are key to tackling demographic challenges and supporting population growth (8).

22.

The message conveyed in the framework of the European Year for Active Ageing (2012), that solidarity between generations can withstand the test of population ageing, is still pertinent.

23.

The Council Conclusions on the Economy of Wellbeing (2019) highlight several key elements for the resilience of our economies and societies and their future prosperity, including accessible and high-quality education and training, as well as lifelong learning, fair working-life policies, adequate and sustainable social protection systems, access to services, digitalisation and other technological developments,

THE COUNCIL OF THE EUROPEAN UNION,

INVITES THE MEMBER STATES TO:

24.

DEVELOP and UPDATE a framework for demographic policies involving the social partners, civil society and other relevant stakeholders, according to their competences;

25.

ADDRESS current and future mismatches between labour supply and demand, since digital transformation, globalisation and demographic changes are shaping labour market demands through the creation and destruction of jobs, as well as by changing the nature of existing occupations, taking into account the impact of demographic changes on the labour market processes in order to reap the benefits of the digital transformation and globalisation for the creation of new job opportunities across all regions;

26.

ENCOURAGE the improvement of skill levels, through affordable, accessible and inclusive quality education and training and also through lifelong learning, including digital skills, to help increase access to the labour market and sustain economic growth, social inclusion and personal fulfilment, for both women and men;

27.

ENCOURAGE and PROMOTE skills acquisition in science, technology, engineering and mathematics (STEM), motivating young people, especially young women, to take up STEM careers, investment in education and training, research, innovation and artificial intelligence which can help the EU address demographic challenges and can enhance productivity and sustain economic growth in the face of a shrinking working-age population, while creating high-quality jobs which attract talent;

28.

RAISE awareness of the importance of including women and underrepresented groups, notably young people, elderly workers and persons with disabilities, improving labour-market participation across all ages and groups in order to help mitigate the effects of demographic ageing on the sustainability of social protection systems and to promote equality;

29.

IMPLEMENT inclusive social and labour policies, based on equal opportunities, and in particular work-life balance policies, by promoting the participation of women in the labour market, flexible working arrangements for both women and men, the provision of accessible and affordable high-quality childcare and long-term care services, as well as equal sharing of household and caring responsibilities between women and men, to enable parents or people with caring responsibilities to participate in the workforce and in society;

30.

PROGRESS towards implementing and ensuring the principle of equal pay for work of equal value for women and men in order to close the gender gaps in employment, pay and pensions;

31.

ENCOURAGE investment in children as the form of social investment that pays the highest return in the future. This includes efforts to break the poverty cycle from generation to generation by using targeted investments to reduce child poverty;

32.

PROMOTE and EMPHASISE adequate and coordinated policies that provide different kinds of financial and other support for families, in particular for those raising children (e.g. paid leave, child allowances, appropriate tax and benefit systems, subsidised housing solutions and support for students), including innovative solutions;

33.

EMPHASISE the importance of solidarity between generations, PROMOTE active and healthy ageing and SECURE access to the necessary support for the ageing population and their families, including adaptability of living spaces, e-health and artificial intelligence, given their impact on addressing the challenges of ageing and loss of autonomy;

34.

STRENGTHEN the awareness within the population of the rights of older persons to an autonomous, dignified and self-determined life, and the right to social participation, also in times of crisis like the current COVID-19 global pandemic, promoting healthy and active ageing, investing in social protection and paying attention in all respects to the positive treatment of the elderly;

35.

FOSTER the rights of the elderly with disabilities, ensuring decent living conditions and full participation in community life and EXPLORE compatibility between disability pensions and retirement pensions;

36.

ADDRESS the challenges and TAKE ADVANTAGE of the opportunities resulting from a rising demand for long-term care due to ageing and EXPLORE how digitalisation and welfare technology can be better integrated into care services to improve the accessibility and delivery of services;

37.

DETERMINE areas and regions which may need intervention in terms of transport accessibility, as the lack of access to transport means in many instances a lack of access to high-quality education and training, culture, labour markets or healthcare services;

38.

ENSURE, in the light of national circumstances, access to adequate social protection for all workers, regardless of the type of employment relationship and duration and under comparable conditions, for the self-employed (9) (10);

39.

CONSIDER, where it is deemed appropriate, legal migration in order to mitigate the shrinking working-age population, while respecting national competences;

INVITES THE MEMBER STATES AND THE EUROPEAN COMMISSION, IN ACCORDANCE WITH THEIR RESPECTIVE COMPETENCES, TAKING INTO ACCOUNT NATIONAL CIRCUMSTANCES AND RESPECTING THE ROLE AND AUTONOMY OF THE SOCIAL PARTNERS, TO:

40.

PROMOTE the implementation of the principles of the European Pillar of Social Rights as a necessary step towards equal opportunities and access to the labour market, fair working conditions, as well as social protection and inclusion;

41.

IMPLEMENT evidence-based and effective policy interventions at national and Union level to address common challenges resulting from demographic change, including the availability of high-quality long-term care and the sustainability and adequacy of social protection systems;

42.

ADDRESS imbalances in intra-EU mobility in order to enhance social cohesion and transform brain drain into brain circulation or brain gain and PURSUE the continuous upskilling and reskilling of the labour force, taking into account the dynamic nature of the labour market and environmental, technological and demographic transformation in order to tackle regional disparities, rural depopulation and urban challenges;

43.

IMPROVE the knowledge base and understanding of and RAISE awareness of the importance of the ‘silver economy’ and the opportunities of its positive overall impact which should be based on a balance between economic and human needs;

44.

STIMULATE innovative solutions that facilitate and give added value to the participation of the elderly in society and in the labour market in accordance with their capabilities and inclinations, and that encourage and support healthy and active ageing across all policies and PROMOTE the rights of older persons with disabilities;

45.

INCREASE accessibility to affordable, high-quality and, where appropriate, integrated social, family, health, employment, education, housing, care and transport services, which can be important factors to mitigate the urban/rural divide;

46.

STRENGTHEN the ability to mitigate possible new demographic challenges emerging due to the outbreak of the COVID-19 global pandemic and ENSURE the resilience of society;

47.

FOLLOW UP the progress of the implementation of the Joint European Roadmap towards a more resilient, sustainable and fair Europe (11) aimed at a coordinated and inclusive strategy for overcoming the current phase of the COVID-19 global pandemic, and STRENGTHEN the coordination of economic strategies, in order to achieve a recovery of production activities and the functioning of the labour markets;

INVITES THE EUROPEAN COMMISSION TO:

48.

FURTHER DEVELOP a common basis and interactive EU-wide resource for obtaining timely, consistent, reliable, comparable and accessible data, disaggregated by sex and age, for addressing demographic developments, and SUPPORT national policies to tackle demographic challenges, taking into account the demographic projections and the identified impacts of demographic changes on European society, especially important in the light of the COVID-19 recovery;

49.

ELABORATE, where relevant, an appropriate and differentiated strategy, including possible targeted European funding, for the Member States, their rural areas, islands and other regions most acutely affected by population decline, especially where this is a consequence of insufficient job opportunities, services or transport connections, specifically designed to attract people to these regions;

50.

ENSURE that all policy proposals and initiatives are accompanied by comprehensive demographic and territorial impact assessments, conducted in parallel with economic, environmental and social impact assessments, with the objective of making regions lagging behind more vibrant and attractive, thus contributing to the social and territorial cohesion of the Union;

51.

LAUNCH a comprehensive reflection on population ageing and its full implications, including its long-term effects on the EU’s economy and society, followed by concrete initiatives, with due regard for Member State competence, with the objective of turning this challenge into new opportunities and thereby aiming to ensure, in the long run, inclusive and sustainable economic growth and social protection systems;

52.

PROPOSE a distinct long-term care strategy aiming to increase women’s participation in the labour market in order to maintain inclusive and non-discriminatory economic growth and mitigate the risks and pressures on public finances and social expenditure more generally related to population ageing, mindful of the balance between work and family life;

53.

DELIVER in a timely manner a proposal for a European Child Guarantee;

54.

SUGGEST that 2023 be designated the European Year for combating child poverty;

55.

ENSURE that investments through EU funds make a tangible contribution to addressing demographic challenges at national and regional levels, taking into account intra-EU mobility, by identifying specific actions mitigating the most acute impacts of demographic trends and creating the means for sharing best practices so that relevant stakeholders can learn from each other’s experiences;

56.

ENSURE that demographic challenges are appropriately taken into account in the European Semester, notably with regard to their impact on the economy and on social protection systems, having regard to the particular contexts present in each Member State;

INVITES THE EMPLOYMENT COMMITTEE AND THE SOCIAL PROTECTION COMMITTEE TO:

57.

STRIVE TO develop and update adequate sets of demographic indicators, disaggregated by sex and age, from those that are currently used, and DEVELOP new sets where required, with reference to labour market and socioeconomic cohesion and in cooperation, where applicable, with the other relevant Council preparatory bodies with competence in particular in the field of economics and finance;

58.

ENCOURAGE the exchange of best practices among Member States in tackling demographic challenges, with reference to labour market and socioeconomic cohesion;

INVITES THE COMMISSION AND THE SOCIAL PROTECTION COMMITTEE TO:

59.

CONDUCT a study on the impact of demographic developments on the adequacy of pensions and long-term care.

---

(1)  Political guidelines for the next European Commission 2019–2024.

(2)  European Parliament, in-depth analysis: ‘Demographic outlook for the European Union 2019’.

(3)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: ‘A Strong Social Europe for Just Transitions’, 14 January 2020.

(4)  ‘Ageing Europe, Looking at the lives of older people in the EU’, 2019 Edition.

(5)  Council Recommendation of 22 April 2013 on establishing a Youth Guarantee – 2013/C 120/01.

(6)  Joint Employment Report – 6346/20.

(7)  https://ec.europa.eu/eurostat/web/population/overview

(8)  https://www.eesc.europa.eu/en/our-work/opinions-information-reports/opinions/demographic-challenges-eu-light-economic-and-development-inequalities-exploratory-opinion-request-croatian-presidency

(9)  Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01).

(10)  European Pillar of Social Rights.

(11)  https://ec.europa.eu/info/sites/info/files/communication_-_a_european_roadmap_to_lifting_coronavirus_containment_measures_0.pdf

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2010/413/CFSP as amended by Council Decision (CFSP) 2020/849 and in Council Regulation (EU) No 267/2012 as implemented by Council Implementing Regulation (EU) 2020/847 concerning restrictive measures against Iran

(2020/C 205/04)

The following information is brought to the attention of the persons and entities that are presently designated in Annex II to Council Decision 2010/413/CFSP (1) as amended by Council Decision (CFSP)2020/849 (2) and in Annex IX to Council Regulation (EU) No 267/2012 (3) as implemented by Council Implementing Regulation (EU) 2020/847 (4) concerning restrictive measures against Iran.

The Council of the European Union, after having reviewed the list of persons and entities presently designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision 2010/413/CFSP and in Regulation (EU) No 267/2012 should continue to apply to those persons and entities.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex X to Regulation (EU) No 267/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 26 of the Regulation).

The persons and entities concerned may submit a request to the Council before 31 December 2020, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

---

(1)  OJ L 195, 27.7.2010, p. 39.

(2)  OJ L 196, 19.6.2020, p. 8.

(3)  OJ L 88, 24.3.2012, p. 1.

(4)  OJ L 196, 19.6.2020, p. 1.

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2010/413/CFSP and Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran apply

(2020/C 205/05)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision 2010/413/CFSP (2), as amended by Council Decision (CFSP) 2020/849 (3), and Council Regulation (EU) No 267/2012 (4), as implemented by Council Implementing Regulation (EU) 2020/847 (5).

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

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC's Data Protection Officer can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision 2010/413/CFSP, as amended by Decision (CFSP) 2020/849, and Regulation (EU) No 267/2012, as implemented by Implementing Regulation (EU) 2020/847.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2010/413/CFSP and Regulation (EU) No 267/2012.

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

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

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

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

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

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(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 195, 27.7.2010, p. 39.

(3)  OJ L 196, 19.6.2020, p. 8.

(4)  OJ L 88, 24.3.2012, p. 1.

(5)  OJ L 196, 19.6.2020, p. 1.

Euro exchange rates (1)

18 June 2020

(2020/C 205/06)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1222
JPY	Japanese yen	120,00
DKK	Danish krone	7,4556
GBP	Pound sterling	0,90028
SEK	Swedish krona	10,5525
CHF	Swiss franc	1,0667
ISK	Iceland króna	153,50
NOK	Norwegian krone	10,7083
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	26,689
HUF	Hungarian forint	345,94
PLN	Polish zloty	4,4647
RON	Romanian leu	4,8393
TRY	Turkish lira	7,6968
AUD	Australian dollar	1,6356
CAD	Canadian dollar	1,5218
HKD	Hong Kong dollar	8,6972
NZD	New Zealand dollar	1,7420
SGD	Singapore dollar	1,5642
KRW	South Korean won	1 359,26
ZAR	South African rand	19,5334
CNY	Chinese yuan renminbi	7,9545
HRK	Croatian kuna	7,5463
IDR	Indonesian rupiah	15 806,19
MYR	Malaysian ringgit	4,8008
PHP	Philippine peso	56,302
RUB	Russian rouble	78,2063
THB	Thai baht	34,928
BRL	Brazilian real	5,9738
MXN	Mexican peso	25,2628
INR	Indian rupee	85,6730

---

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

DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD

of 2 June 2020

on the cancellation of certain reports on actions and measures taken pursuant to Recommendation ESRB/2014/1 and Recommendation ESRB/2015/2 of the European Systemic Risk Board

(ESRB/2020/10)

(2020/C 205/07)

THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Article 3(2)(f) thereof,

Having regard to Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (2), and in particular Article 20 thereof,

Whereas:

(1)

In Sections 2.3.1 to 2.3.3 of Recommendation ESRB/2014/1 of the European Systemic Risk Board (3), the addressees of that Recommendation are requested to report to the European Systemic Risk Board (ESRB), the Council and the Commission on the measures the addressees have taken to comply with the Recommendation, or to adequately justify any inaction every three years. The first reports by each addressee were to have been sent by 30 June 2016. The set of first reports received formed the basis of the first compliance assessment by the ESRB on the implementation of Recommendation ESRB/2014/1. The conclusions of the assessment were approved by the General Board of the ESRB on 1 February 2019 and the Summary Compliance Report, which provides an assessment of the level of implementation of Recommendation ESRB/2014/1 by its addressees, was published on the ESRB’s website in May 2019.

(2)

In Section 2.3.1 of Recommendation ESRB/2015/2 of the European Systemic Risk Board (4), the relevant authorities are requested to report every two years to the ESRB and the Council on the actions taken in response to that Recommendation, or to adequately justify any inaction. The first reports by each relevant authority were due by 30 June 2017. The compliance assessment for the Recommendation is still ongoing.

(3)	Decision ESRB/2019/15 of the European Systemic Risk Board (5) postponed the dates for submitting the second reports under Recommendations ESRB/2014/1 and ESRB/2015/2 respectively by one year to 30 June 2020.

(4)

ESRB members and the addressees of Recommendations ESRB/2014/1 and ESRB/2015/2 are assessing the implications of the coronavirus (COVID-19) and are pursuing a range of measures aimed at alleviating the impact on financial stability. Given the significant challenges associated with the spread of COVID-19, it is therefore appropriate that the addressees are no longer requested to submit the second reports under Recommendations ESRB/2014/1 and ESRB/2015/2, which are due by 30 June 2020.

(5)	This Decision should not affect the requests for submission of any subsequent report under Recommendations ESRB/2014/1 and ESRB/2015/2,

HAS ADOPTED THIS DECISION:

---

(1)  OJ L 331, 15.12.2010, p. 1.

(2)  OJ C 58, 24.2.2011, p. 4.

(3)  Recommendation ESRB/2014/1 of the European Systemic Risk Board of 18 June 2014 on guidance for setting countercyclical buffer rates (OJ C 293, 2.9.2014, p. 1).

(4)  Recommendation ESRB/2015/2 of the European Systemic Risk Board of 15 December 2015 on the assessment of cross-border effects of and voluntary reciprocity for macroprudential policy measures (OJ C 97, 12.3.2016, p. 9).

(5)  Decision ESRB/2019/15 of the European Systemic Risk Board of 28 June 2019 on the postponement of certain reports on actions and measures taken pursuant to Recommendation ESRB/2014/1 and Recommendation ESRB/2015/2 of the European Systemic Risk Board (OJ C 264, 6.8.2019, p. 2).

Special Report No 10/2020

‘EU transport infrastructures: more speed needed in megaproject implementation to deliver network effects on time’

(2020/C 205/08)

The European Court of Auditors hereby informs you that Special Report No 10/2020 ‘EU transport infrastructures: more speed needed in megaproject implementation to deliver network effects on time’ has just been published.

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

Call for expression of interest in the appointment as legally qualified member and alternate/additional legally qualified member of the Board of Appeal of the European Chemicals Agency

(2020/C 205/09)

Description of the Agency

The European Chemicals Agency (the Agency) created on 1 June 2007 and located in Helsinki, Finland, plays a central role in the implementation of the REACH, CLP, BPR and PIC Regulations.

REACH (1) is the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals. It entered into force on 1 June 2007. The provisions under Articles 75 to 111 of REACH regulate the functioning of the Agency and describe the tasks it shall perform.

CLP (2) is the Regulation on Classification and Labelling and Packaging of chemicals. It entered into force on 20 January 2009. Article 50 of the Regulation describes the tasks of the Agency.

BPR (3) is the Biocidal Product Regulation, which entered into force on 1 September 2013 and concerns the placing on the market and use of biocidal products. The provisions under Article 74 of BRP describe the role of the Agency.

PIC (4) is the Prior Informed Consent Regulation, which entered into force on 1 March 2014 and administers the import and export of certain hazardous chemicals and places obligations on companies who wish to export these chemicals to non-EU countries. The provisions under Article 6 of PIC describe the tasks to be performed by the Agency.

The Agency has been also entrusted recently with specific tasks within the Waste Framework Directive (5) and the Regulation on persistent organic pollutants (6).

For further information please consult the following website: http://www.echa.europa.eu/

The Board of Appeal

Articles 89 to 94 of Regulation (EC) No 1907/2006 set out the relevant provisions in relation to appeals. Article 89 provides for the establishment of a Board of Appeal. The Board is responsible for deciding on appeals against certain individual decisions of the Agency, as defined in Article 91 of REACH.

The Board of Appeal is also responsible for deciding on appeals against decisions of the Agency as defined in Article 77 of the Biocidal Products Regulation (EU) No 528/2012.

The Board of Appeal consists of a Chair and two other members. They are staff of the Agency. They shall have alternates, who are not staff of the Agency, to replace them in their absence. The rules applicable to the members of the Board of Appeal apply by analogy to the alternate members. The qualifications of the members are defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 laying down rules on qualifications of the members of the Board of Appeal of the European Chemicals Agency (7). According to this Commission Regulation, the Board of Appeal shall consist of technically and legally qualified members.

The Chair and the other members of the Board of Appeal shall be independent. In making their decisions, they shall not be bound by any instructions. They shall not perform any other duties in the Agency.

The Chair and the other members of the Board of Appeal, when deciding on appeals, will observe the rules on organisation established in, and follow the procedure set up by, Commission Regulation (EC) No 771/2008 (8) as modified by Commission Implementing Regulation (EU) 2016/823 (9).

To ensure that the Board of Appeal can operate smoothly, the Board of Appeal is assisted in the exercise of its duties by a Registry, which is led by a Registrar.

We propose

The tasks of the legally qualified member of the Board of Appeal shall in particular include the following:

—	Examine and decide on appeals in an independent and impartial manner

—	Respect legal principles and rules in the proceedings

—	Act as Rapporteur for appeals after being designated by the Chair

—	Carry out the initial analysis of the appeals

—	Participate in the conduct of the proceedings by contributing to adoption of the procedural decisions (interventions, etc.) and by proposing procedural measures (requests for submissions, questions to the parties, etc.)

—	Participate in oral hearings

—	Draft decisions on appeals in a timely and thorough manner

—	Participate in decisions on internal rules for the processing of the appeals and on the organisation of the Board and its work

—	Participate in decisions on practical instructions of procedural nature to parties

Candidates must (eligibility criteria)

In order to be considered for the selection phase, candidates must fulfil the following formal criteria by closing date for applications:

—	be a national of a Member State of the European Union or a national of the European Economic Area (Iceland, Liechtenstein, Norway),

—

have a recognised degree in law, either (a) following successful completion of university studies where the normal duration of university education is four years or more giving access to postgraduate studies; or (b) following successful completion of university studies attested by a degree where the normal duration of university education is three years, and an additional year of relevant professional experience (this one year’s professional experience cannot be included in the postgraduate professional experience required below). If the university degree is not in law, then the candidate must possess also a professional qualification entitling the candidate to practice as a lawyer,

—

a minimum of 12 years’ professional experience in the legal field (acquired following the award of the university degree), at least five of which have been acquired in EU law or at least five years of which are related to judicial or similar experience in an international and/or a national Court or an appellate body comparable to the Board of Appeal,

—	have a thorough knowledge of one of the official languages of the European Union (10) and a satisfactory knowledge of at least one other official language of the European Union to the extent necessary for the performance of their duties.

—

At the deadline for applications, candidates must be able to complete the full five-year mandate in accordance with Article 47(a) of the Conditions of Employment of Other Servants of the European Union before reaching retirement age. For temporary staff of the EU entering the service as from 1 January 2014, retirement age is defined as being the end of the month in which the person reaches the age of 66 (11).

In addition, candidates must fulfil the following formal criteria on the closing date for applications:

—	enjoy their full rights as a citizen,

—	have fulfilled any obligations imposed by the laws concerning military service,

—	produce appropriate character references as to their suitability for the performance of their duties (12),

—	be physically fit to perform their duties (13).

We look for (selection criteria)

The candidate should have:

—	Proven knowledge and experience in European Union law, related to chemicals, or in another analogous regulatory field (14) and in subject matters under the competence of the Board of Appeal,

—	Good knowledge and understanding of the technical aspects of REACH and EU legislation on biocides or analogous regulatory systems,

—	Ability to make decisions and work collegially with others,

—	Strong communication and inter-personal skills, being able to discuss effectively and efficiently within a collegial body and with other internal and external stakeholders,

—	A very good command of English (the predominant language of communication within the Agency), both oral and written communication skills.

The following will be considered an asset:

—	knowledge and understanding of procedures in the context of regulatory appeal and/or arbitration procedures,

—	experience of regulatory or judicial procedures,

—	experience of working in a collegial body,

—	experience of working in a multicultural environment,

—	knowledge of other languages of the European Union.

Selection, appointment and conditions of employment

Under the terms of Regulation (EC) No 1907/2006, the Management Board will decide on the appointment of the legally qualified member and the alternate/additional Legally Qualified Member(s) on the basis of a list of qualified candidates proposed by the Commission. The purpose of this call for expression of interest is to allow the Commission to establish a list of candidates to be proposed to the Management Board. Candidates should note that inclusion on the list of the European Commission does not guarantee appointment.

The European Commission will organise the selection of the Legally Qualified Member of the Board of Appeal and the alternate/additional Legally Qualified Member(s). To this end, it will set up a selection panel which will invite candidates fulfilling all eligibility requirements listed above and having the best profile for the specific requirements based on their merits and the criteria set out above for an interview.

Following this interview, this selection panel draws up a list of the most suitable candidates. This list will be adopted by the European Commission and communicated to the Management Board of the Agency.

The latter will interview the candidates on the European Commission shortlist and appoint the legally qualified member and related alternate/additional members. Before the interview by the Management Board of the Agency, the candidates for a Legally Qualified Member in the list will have to undergo testing by an assessment centre run by external recruitment consultants.

For practical reasons and in order to complete the selection procedure as quickly as possible in the interest of the candidates as well as that of the Agency, the selection procedure will be carried out in English only. Nevertheless, selection panels will verify during the interview(s) whether candidates comply with the requirement of a satisfactory knowledge of another official EU language.

The legally qualified member will be appointed as a member of the temporary staff at grade AD 10 in accordance with the Agency’s general implementing provisions on the procedure governing the engagement and use of temporary staff under Article 2(f) of the Conditions of Employment of Other Servants of the European Union for a term of five years that may be extended once for a further period of up to five years.

The alternate/additional legally qualified member(s) will not be appointed as members of the temporary staff, but will be called upon by the Board of Appeal to deal with appeal cases only in the absence of the Legally Qualified Member. Thus, the alternate is not required to suspend his/her current professional activities, but any such activities must be compatible with the requirements that the members of the Board of Appeal must be independent. At present the alternate’s remuneration is EUR 300 (EUR 400 if designated as a rapporteur in appeal case) for each actual day of work, with a maximum amount of up to EUR 4 500 (EUR 6 000 for a rapporteur) per case (15), plus the reimbursement of any travel costs and a daily allowance to cover board and accommodation when a presence in Helsinki is necessary.

Candidates must clearly indicate in their motivation letter which position they are applying for. They may apply for both if they are willing to accept also the part-time functions of the alternate/additional member. However, candidates may only be appointed to one of these positions.

The Legally Qualified Member and alternate(s)/additional member(s) will be required to declare any interests, which may conflict with his/her duty to the Board of Appeal in compliance with Article 90(5) and (6) of Regulation (EC) No 1907/2006.

The reserve lists for these positions will be valid for a period of five years from the date of the decision of the Management Board on the appointment of members.

The place of employment is at the Agency in Helsinki.

Submission of applications

Before submitting your application, you should carefully check whether you meet all the eligibility criteria (‘Candidates must’), particularly concerning the required types of diploma and professional experience as well as your linguistic capacity. Failure to possess any of these eligibility requirements means an automatic exclusion from the selection procedure.

You must have a valid email address. This will be used to identify your registration as well as to remain in contact with you during the different stages of the selection process. Therefore, please keep the European Commission informed about any change in your email address.

To complete the application, the candidates need to send a CV and a letter of motivation to the following email address: GROW-ECHA-BOA-TQM@ec.europa.eu

You will receive an electronic mail confirming that your application has been registered.

If you require more information and/or encounter technical problems, please send an email to: grow-d1@ec.europa.eu

Closing date

The closing date for submissions of applications is 14 August 2020, 12.00 noon Brussels time. It is your responsibility to complete your application and send it on time. We strongly advise you not to wait until the last few days before applying. Late submissions of applications are not accepted.

Important information for candidates

Candidates are reminded that the work of the selection committees is confidential. It is forbidden for applicants to make direct or indirect contact with members of these committees, or for anybody to do so, on their behalf.

For the applications to be valid, interested persons must send a curriculum vitae and a letter of motivation (maximum 8 000 characters) in PDF format. Candidates must indicate in the letter of motivation which post they are applying for.

The curriculum vitae should preferably be drafted using the European CV format. If any of these documents is not in English, then an English translation must be provided. Certified copies of degrees/diplomas, references, proof of experience, etc. should not be sent at this point but must be submitted at a later stage of the procedure if requested.

Independence and declaration of interests

Members of the Board of Appeal act independently in the public interest and must declare any interests that might be considered prejudicial to his/her independence. Candidates must confirm their willingness to do so in their application.

Due to the particular nature of the function, candidates invited to selection interviews will be required to sign a declaration relating to their past, current or future interests that might be considered prejudicial to their independence.

The candidates must also meet the eligibility criteria to safeguard the independence of the Board of Appeal, established by the Management Board of the ECHA in Annex 2 to the Procedure for the Prevention and Management of potential Conflict of Interest (16).

In accordance with Article 16 of the Staff Regulations (17), whose provisions apply by analogy to temporary Agents, the legally qualified member of the Board of Appeal shall, after leaving the service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.

This includes the obligation to inform the Management Board of ECHA sufficiently in advance of the intention to engage in an occupational activity, whether gainful or not, during a period of two years after having left the service. If that activity is related to the work carried out during the last three years in service and could lead to a conflict with the legitimate interests of the Agency, the Management Board of the Agency may, having regard to the interests of the service, either forbid the ex-member from undertaking it or give its approval subject to any conditions it considers fit.

Equal opportunities

The European Union applies a policy of equal opportunities and non-discrimination in accordance with Article 1d of the Staff Regulations (18). It takes great care to avoid any form of discrimination in its recruitment procedures and actively encourages applications from women.

Protection of personal data

The Commission and ECHA will ensure that candidates’ personal data are processed as required by Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (19). This applies in particular to the confidentiality and security of such data.

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(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ L 353, 31.12.2008, p. 1.

(3)  OJ L 167, 27.6.2012, p. 1.

(4)  OJ L 201, 27.7.2012, p. 60.

(5)  OJ L 150, 14.6.2018, p. 109.

(6)  OJ L 169, 25.6.2019, p. 45.

(7)  OJ L 280, 24.10.2007, p. 10.

(8)  OJ L 206, 2.8.2008, p. 5.

(9)  OJ L 137, 26.5.2016, p. 4.

(10)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01958R0001-20130701&qid=1408533709461&from=EN

(11)  Staff Regulation of Officials and Conditions of Employment of Other Servants of the European Union: https://eur-lex.europa.eu/%20LexUriServ/LexUriServ.do?uri=CONSLEG:1962R0031:20140101:EN:PDF

(12)  Before the appointment, successful applicants will be required to produce an official document showing that they do not have a criminal record.

(13)  Before the appointment, successful applicants will be required to undergo a medical examination to ensure that they fulfil the requirements of Article 28(e) of the Staff Regulations of officials of the European Communities.

(14)  This means regulatory systems such as those governing plant protection products, food additives, pharmaceuticals or cosmetics, the Water Framework Directive, the Integrated Pollution Prevention and Control Directive, the Seveso Directive, or regulatory provisions on occupational safety and health in relation to chemicals.

(15)  See Decision of the Management Board (document MB/10/2014 of 20.3.2014).

(16)  PRO-0067.04, as adopted by the Management Board on 25 February 2019: https://echa.europa.eu/documents/10162/13608/pro_0067_04_coi_management_en.pdf/c4082 b12-5830-4647-abf7-47c4a0879c86

(17)  Staff Regulation of Officials and Conditions of Employment of `Other Servants of the European Union: https://eur-lex.europa.eu/%20LexUriServ/LexUriServ.do?uri=CONSLEG:1962R0031:20140101:EN:PDF

(18)  Ibid.

(19)  OJ L 295, 21.11.2018, p. 39.

Prior notification of a concentration

(Case M.9779 – Alstom/Bombardier Transportation)

(Text with EEA relevance)

(2020/C 205/10)

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

Prior notification of a concentration

(Case M.9868 – Raytheon Technologies Corporation/Saudi Arabian Oil Company/Middle East Cyber Services JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 205/11)

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

(2)  OJ C 366, 14.12.2013, p. 5.

Prior notification of a concentration

(Case M.9874 – Tokyo Century Corporation/Nippon Telegraph and Telephone Corporation/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 205/12)

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

(2)  OJ C 366, 14.12.2013, p. 5.