(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 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
Frederik Bolkestein
Member of the Commission
(1) OJ L 281, 23.11.1995, p. 31.
(2) Opinion 12/98, adopted by the Working Party on 24.7.1998: "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: http://europa. eu.int/comm/internal_market/en/media/dataprot/wpdocs/index.htm.
(3) Available on website: http://conventions.coe.int/treaty/EN/cadreintro.htm.
(4) Opinion 5/99 adopted by the Working Party on 7.6.1999 (DG MARKT 5054/99), available on the Europa website cited in footnote 2.