(4) Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community's present international commitments.

For the Commission /n Frederik Bolkestein /n Member of the Commission /n (1) OJ L 281, 23.11.1995, p. 31. /n (2) Opinion 12/98, adopted by the Working Party on 24 July 1998: Transfers of personal data to third countries: applying Articles 25 and 26 of the EU Data Protection Directive (DG MARKT D/5025/98), available on Europa, the website hosted by the European Commission: /n http://europa.eu.int/comm/ internal_market/en/dataprot/wpdocs/ wpdocs_98.htm. /n (3) Opinion 4/2002 on the level of protection of personal data in Argentina - WP 63 of 3 October 2002 available at /n http://europa.eu.int/comm/ internal_market/en/dataprot/wpdocs/ index.htm.