ISSN 1725-2423 |
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Official Journal of the European Union |
C 302 |
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English edition |
Information and Notices |
Volume 50 |
Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
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Commission |
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2007/C 302/01 |
Non-opposition to a notified concentration (Case COMP/M.4933 — Emerson Electric Co./Motorola ECC) ( 1 ) |
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2007/C 302/02 |
Non-opposition to a notified concentration (Case COMP/M.4943 — Groupe Norbert Dentressangle/Christian Salvesen) ( 1 ) |
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2007/C 302/03 |
Non-opposition to a notified concentration (Case COMP/M.4590 — REWE/Delvita) ( 1 ) |
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2007/C 302/04 |
State aids — Decisions to propose appropriate measures pursuant to Article 88(1) of the EC Treaty where the Member State concerned has accepted those measures ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
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Commission |
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2007/C 302/05 |
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2007/C 302/06 |
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2007/C 302/07 |
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2007/C 302/08 |
Update of the national faces of euro coins intended for circulation |
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2007/C 302/09 |
Notice of implementation of the High Growth and Innovative SME Facility under the Competitiveness and Innovation Framework Programme (2007-2013) ( 1 ) |
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NOTICES FROM MEMBER STATES |
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2007/C 302/10 |
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2007/C 302/11 |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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Council |
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2007/C 302/12 |
Extension of the period of validity of the shortlists of suitable candidates |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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Commission |
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2007/C 302/13 |
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(1) Text with EEA relevance |
EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
Commission
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/1 |
Non-opposition to a notified concentration
(Case COMP/M.4933 — Emerson Electric Co./Motorola ECC)
(Text with EEA relevance)
(2007/C 302/01)
On 20 November 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:
— |
from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4933. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/1 |
Non-opposition to a notified concentration
(Case COMP/M.4943 — Groupe Norbert Dentressangle/Christian Salvesen)
(Text with EEA relevance)
(2007/C 302/02)
On 6 December 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:
— |
from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4943. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/2 |
Non-opposition to a notified concentration
(Case COMP/M.4590 — REWE/Delvita)
(Text with EEA relevance)
(2007/C 302/03)
On 25 April 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:
— |
from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4590. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/3 |
State aids — Decisions to propose appropriate measures pursuant to Article 88(1) of the EC Treaty where the Member State concerned has accepted those measures
(Text with EEA relevance)
(2007/C 302/04)
Date of adoption of the decision |
22.3.2006 |
Reference number of the aid |
E 22/04 |
Member State |
Spain |
Region |
— |
Title (and/or name of the beneficiary) |
Ayuda fiscal a la exportación |
Legal basis |
Art. 37 y 23 del Real Decreto Legislativo no 4.2004, de 5 de marzo, por el que se aprueba el texto refundido de la Ley del Impuesto sobre Sociedades |
Type of measure |
Aid scheme |
Objective |
Export and internationalisation |
Form of aid |
Tax allowance, Tax base reduction |
Budget |
— |
Intensity |
— |
Duration |
Unlimited |
Economic sectors |
All sectors |
Name and address of the granting authority |
Ministerio de Economía y Hacienda, Madrid |
Other information |
— |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
Commission
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/4 |
Euro exchange rates (1)
13 December 2007
(2007/C 302/05)
1 euro=
|
Currency |
Exchange rate |
USD |
US dollar |
1,4683 |
JPY |
Japanese yen |
164,21 |
DKK |
Danish krone |
7,4614 |
GBP |
Pound sterling |
0,71935 |
SEK |
Swedish krona |
9,4398 |
CHF |
Swiss franc |
1,6683 |
ISK |
Iceland króna |
89,6 |
NOK |
Norwegian krone |
7,932 |
BGN |
Bulgarian lev |
1,9558 |
CYP |
Cyprus pound |
0,585274 |
CZK |
Czech koruna |
26,248 |
EEK |
Estonian kroon |
15,6466 |
HUF |
Hungarian forint |
252,41 |
LTL |
Lithuanian litas |
3,4528 |
LVL |
Latvian lats |
0,6969 |
MTL |
Maltese lira |
0,4293 |
PLN |
Polish zloty |
3,5864 |
RON |
Romanian leu |
3,526 |
SKK |
Slovak koruna |
33,293 |
TRY |
Turkish lira |
1,7231 |
AUD |
Australian dollar |
1,6724 |
CAD |
Canadian dollar |
1,4915 |
HKD |
Hong Kong dollar |
11,4481 |
NZD |
New Zealand dollar |
1,8766 |
SGD |
Singapore dollar |
2,1154 |
KRW |
South Korean won |
1 358,1 |
ZAR |
South African rand |
9,942 |
CNY |
Chinese yuan renminbi |
10,8202 |
HRK |
Croatian kuna |
7,3174 |
IDR |
Indonesian rupiah |
13 669,87 |
MYR |
Malaysian ringgit |
4,8634 |
PHP |
Philippine peso |
60,215 |
RUB |
Russian rouble |
35,908 |
THB |
Thai baht |
44,372 |
Source: reference exchange rate published by the ECB.
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/5 |
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 429th meeting of 9 July 2007 concerning a draft decision relating to Case COMP/E-2/39.142 — Toyota
(2007/C 302/06)
1. |
The members of the Advisory Committee agree with the Commission that in the light of the practices described in the draft decision, the agreements entered into between Toyota and its authorised Toyota service partners are liable to raise competition concerns on the motor vehicle aftermarkets. |
2. |
The members of the Advisory Committee agree with the Commission that the proceedings in this case can be concluded by means of a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (1). |
3. |
The members of the Advisory Committee agree with the Commission that in the light of the commitments offered by Toyota, there are no longer grounds for action by the Commission, without prejudice to the provisions of Article 9(2) of Regulation (EC) No 1/2003. |
4. |
The members of the Advisory Committee agree with the Commission that Toyota should be bound by the commitments until 31 May 2010. |
5. |
The members of the Advisory Committee ask the Commission to take into account all the other points raised during the discussion. |
6. |
The members of the Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union. |
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/6 |
Final report of the Hearing Officer in Case COMP/E-2/39.142 —Toyota
(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
(2007/C 302/07)
The draft Decision presented to the Commission under Article 9 of Council Regulation (EC) No 1/2003 (1) relates to the supply of technical information for the repair of Toyota brand vehicles.
The Commission opened an investigation into Toyota's provision of its technical information to independent repairers on 22 December 2004, following the publication of a study by the German research institute IKA. On 1 December 2006, the Commission opened proceedings under Chapter III of Regulation (EC) No 1/2003 and adopted a preliminary assessment as referred to in Article 9(1) of Regulation (EC) No 1/2003. This assessment set out the Commission's competition concerns, which were that Toyota seemed to have excluded all but its authorised repairers from full access to its technical information.
Ensuing discussions with the Commission services led Toyota to submit commitments on 22 January 2007.
On 22 March 2007, the Commission published a notice in the Official Journal of the European Union, pursuant to Article 27(4) of Regulation (EC) No 1/2003, inviting interested companies to transmit observations on this notification within one month of its publication. The comments received in response to this invitation mainly confirmed the effectiveness of the commitments proposed by Toyota.
The Commission has now come to the conclusion that, in view of the commitments proposed by Toyota, and without prejudice to Article 9(2) of Regulation (EC) No 1/2003, there are no longer grounds for action.
In a Decision under Article 9 of Regulation (EC) No 1/2003, a breach of the competition rules is not established, but the Parties accept to remedy the concerns expressed by the Commission in a preliminary assessment. There is in this process a willingness on both sides to simplify the administrative and legal requirements which are inherent in a full investigation of a suspected infringement. This is the reason why in several Decisions taken already by the College (2), it has been accepted that due process is satisfied when the Parties inform the Commission that they have received sufficient access to the information they considered necessary to propose commitments in order to meet the concerns expressed by the Commission.
This case has also been dealt with in the same manner, Toyota having submitted a Declaration to the Commission to this effect on 25 May 2007.
In the light of the above, I consider that the rights to be heard have been respected in this case.
Brussels, 11 July 2007.
Karen WILLIAMS
(2) Cf. decision of 22 June 2005 in Case COMP/39.116 — Coca-Cola and decision of 19 January 2005 in Case COMP/37.214 — DFB.
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/7 |
Update of the national faces of euro coins intended for circulation
(2007/C 302/08)
Euro coins intended for circulation are legal tender throughout the euro area. For the purpose of informing the public and professionals who handle the coins, the Commission publishes a description of the designs of all coins (1).
In order to conform to the common guidelines on the design of national faces of coins (2), Belgium has updated the design of the Belgian national face of euro coins to be produced from 2008. Coins from previous years featuring the old Belgian national face will remain valid.
Country of issue: Kingdom of Belgium
Date of issue: From January 2008
Description of the design (identical for all denominations): The coin's inner section shows an effigy of His Majesty Albert II, King of the Belgians, in profile facing to the left. To the right of this, the royal monogram is displayed and, below it, the indication of the country ‘BE’. Underneath the effigy, the signature mark of the Master of the Mint is displayed on the left and the mint mark on the right, either side of the year. The outer ring of the coin depicts the twelve stars of the European flag.
Edge lettering of the 2-euro coin: 2 ★★, repeated six times, alternately upright and inverted.
(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the euro coins issued in 2002 (OJ C 225, 19.9.2006. p. 7) (OJ C 254, 20.10.2006. p. 6) (OJ C 248, 23.10.2007. p. 8).
(2) See the Commission Recommendation of 29 September 2003 (OJ L 264, 15.10.2003, p. 38) supported by the General Affairs Council's conclusions of 8 December 2003 and the Commission Recommendation of 3 June 2005 on common guidelines on the national faces of euro coins intended for circulation (OJ L 186, 18.7.2005, p. 1), supported by the Council's conclusions of 7 June 2005.
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/8 |
Notice of implementation of the High Growth and Innovative SME Facility under the Competitiveness and Innovation Framework Programme (2007-2013)
(Text with EEA relevance)
(2007/C 302/09)
This notice is addressed to specialised investment vehicles providing equity or quasi-equity for innovative SMEs with high growth potential in their early or expansion stages (‘Financial Intermediaries’).
It outlines a financial instrument, the High Growth and Innovative SME Facility (GIF), which aims to facilitate access to finance for SMEs in their early and expansion stage phases. The aim of GIF is:
(a) |
to contribute to the establishment and financing of SMEs and the reduction of the equity and risk capital market gap, which prevents SMEs from exploiting their growth potential, with a view to improving the European venture capital market; and |
(b) |
to support innovative SMEs with high growth potential, in particular those undertaking research, development and other innovation. |
GIF is operated by the European Investment Fund (EIF) on behalf of the European Commission under Decision 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 on a Competitiveness and Innovation Framework Programme (2007-2013) (‘CIP’).
This programme is open to the Member States of the European Union and those Member States of the European Free Trade Association (‘EFTA’) which are members of the European Economic Area (‘EEA’), accession countries and candidate countries benefiting from a relevant pre-accession strategy, countries of the Western Balkans in accordance with the relevant framework agreements and any other country included in the list of Participating Countries as published from time to time in the Official Journal.
The total indicative budgetary appropriations for the financial instruments under CIP amount to EUR 1 100 million for the period 2007-2013, of which about half is foreseen for GIF.
The following two windows are available under the Facility:
1. |
GIF1, which covers early stage (seed and start-up) investments. GIF1 invests in specialised venture capital funds such as early stage funds, funds operating regionally, funds focused on specific sectors, technologies or research and technological development and funds linked to incubators. There may also be co-investment in funds and investment vehicles promoted by business angels; |
2. |
GIF2, which covers expansion stage investments, by investing in specialised risk capital funds, which in turn shall provide quasi-equity or equity for innovative SMEs with high growth potential in their expansion phase avoiding buy-out or replacement capital for asset stripping. |
Prospective Financial Intermediaries can obtain detailed information on the Facility from:
European Investment Fund |
43, avenue J. F. Kennedy |
L-2968 Luxembourg |
E-mail: cip.venturecapital@eif.org |
or from the EIF's website at: www.eif.org |
A list of all funds with whom the EIF has signed a contract will be published on the EIF's website.
Proposals for EU investments under GIF will be examined by the EIF on a continuous basis, within the constraints of the available Community budget allocations. The EIF will endeavour to achieve an overall geographic balance for the financial instruments under the CIP.
NOTICES FROM MEMBER STATES
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/10 |
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
(2007/C 302/10)
XA Number: XA 162/07
Member State: Republic of Slovenia
Region: Območje občine Litija
Title of aid scheme or name of company receiving individual aid: „Podpora programom razvoja podeželja v občini Litija 2007-2013“
Legal basis: Pravilnik o dodeljevanju proračunskih sredstev za ohranjanje in razvoj kmetijstva in podeželja v občini Litija za programsko obdobje 2007-2013 (II. Poglavje)
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The average annual amount of funding for the period 2007-2013 is estimated at EUR 60 000.
Maximum aid intensity:
1. |
Investment in farms for primary production:
The purpose of the aid is for investment to restore farm features, to purchase equipment used for agricultural production, to invest in permanent crops, agricultural reclamation and to manage pastures and farm accesses. |
2. |
Conservation of traditional buildings:
|
3. |
Relocation of farm buildings in the public interest:
|
4. |
Aid towards the payment of insurance premiums:
|
5. |
For land reparcelling:
|
6. |
Aid to encourage the production of quality agricultural products:
|
7. |
For providing technical support in the agricultural sector:
|
Date of implementation: 25 July 2007 (or the date on which the Rules enter into force)
Duration of scheme or individual aid award: Ends 31 December 2013
Objective of the aid: To support SMEs
Reference to Articles in Commission Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the draft Rules on granting funding for conservation, agriculture and rural development in the municipality of Litija for the period 2007-2013 includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):
Article 4: Investment in agricultural holdings,
Article 5: Conservation of traditional landscapes and buildings,
Article 6: Relocation of farm buildings in the public interest,
Article 12: Aid towards the payment of insurance premiums,
Article 13: Aid for land reparcelling,
Article 14: Aid to encourage the production of quality agricultural products,
Article 15: Provision of technical support in the agricultural sector.
Economic Sector(s) concerned: The aid is granted for arable and livestock farming, with the exception of breeding warm-blooded horses, poultry or rabbits. Aid is granted for breeding small ruminants in less-favoured areas.
Name and address of the granting authority:
Občina Litija |
Jerebova 14 |
SLO-1270 Litija |
Web address: http://www.uradni-list.si/1/ulonline.jsp?urlid=200759&dhid=90366
Other information: The measure for the payment of insurance premiums to insure crops and products includes the following adverse weather conditions which may be classed as a natural disaster: spring frost, hail, lightning, fire caused by lightning, hurricanes and floods.
The municipality Rules meet the requirements of Regulation (EC) No 1857/2006 on the measures to be adopted by municipalities and the general provisions to be implemented (procedure for allocating aid, accumulation of aid, transparency and monitoring of aid).
Signature of person responsible:
Franci Rokavec
Mayor of Litija
XA Number: XA 163/07
Member State: Slovenia
Region: Območje Mestne občine Celje
Title of aid scheme or name of company receiving individual aid: „Podpore programom razvoja podeželja v Mestni občini Celje 2007-2013“
Legal basis: Pravilnik o dodeljevanju pomoči za ohranjanje in razvoj kmetijstva in podeželja v Mestni občini Celje za programsko obdobje 2007-2013
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company:
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2007: EUR 66 767 |
|
2008: EUR 66 767 |
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2009: EUR 66 767 |
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2010: EUR 66 767 |
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2011: EUR 72 275 |
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2012: EUR 72 275 |
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2013: EUR 72 278 |
Maximum aid intensity:
1. |
Updating farms active in arable and livestock production:
The purpose of the aid is for investment to restore farm features, to purchase equipment used for agricultural production, to invest in permanent crops and pastures, agricultural improvements and to manage farm accesses |
2. |
Conservation of traditional landscapes and buildings:
|
3. |
Relocation of farm buildings in the public interest:
|
4. |
Aid towards the payment of insurance premiums:
|
5. |
Aid for land reparcelling:
|
6. |
Aid to encourage the production of quality agricultural products:
|
7. |
Provision of technical support:
|
Date of implementation: 2007 July — in accordance with the validity of the Rules
Duration of scheme or individual aid award: Ends 31 December 2013
Objective of the aid: To support SMEs
Reference to Articles in Commission Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the Rules on rural development programmes in the municipality of Celje for the period 2007-2013 includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):
Article 4: Investment in agricultural holdings,
Article 5: Conservation of traditional landscapes and buildings,
Article 6: Relocation of farm buildings in the public interest,
Article 12: Aid towards the payment of insurance premiums,
Article 13: Aid for land reparcelling,
Article 14: Aid to encourage the production of quality agricultural products,
Article 15: Provision of technical support in the agricultural sector.
Economic sector(s) concerned: Arable and livestock farming
Name and address of the granting authority:
Mestna občina Celje |
Trg celjskih knezov 9 |
SLO-3000 Celje |
Web address: http://www.uradni-list.si/1/ulonline.jsp?urlid=200758&dhid=90294
Other information: The aid measure for the payment of insurance premiums to insure crops and products includes the following adverse weather conditions which may be classed as a natural disaster: spring frost, hail, lightning, fire caused by lightning, hurricanes and floods.
The municipality Rules meet the requirements of Regulation (EC) No 1857/2006 on the measures to be adopted by municipalities and the general provisions to be implemented (procedure for allocating aid, accumulation of aid, transparency and monitoring of aid).
XA Number: XA 164/07
Member State: Republic of Slovenia
Region: Območje občine Zagorje ob Savi
Title of aid scheme or name of company receiving individual aid: „Podpore programom razvoja podeželja in kmetijstva v občini Zagorje ob Savi 2007-2013“
Legal basis: Pravilnik o dodeljevanju finančnih pomoči za programe razvoja podeželja in kmetijstva v občini Zagorje ob Savi
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: (forecast annual figures)
2007: EUR 47 571,36
2008: EUR 47 571,36
2009: EUR 47 571,36
2010: EUR 47 571,36
2011: EUR 47 571,36
2012: EUR 47 571,36
2013: EUR 47 571,36
Maximum aid intensity:
1. |
Investment in farms for primary production:
The purpose of the aid is for investment to restore farm features, to purchase equipment used for agricultural production, to invest in permanent crops, agricultural improvements, pastures and to manage farm accesses. |
2. |
Conservation of traditional landscapes and buildings:
|
3. |
Aid for land reparcelling:
|
4. |
Provision of technical support:
|
Date of implementation:
Duration of scheme or individual aid award: Ends 31 December 2013
Objectives of aid: To support SMEs
Reference to Articles in Commission Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the draft Rules on granting financial aid for agriculture and rural development in the municipality of Zagorje ob Savi includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):
Article 4: Investment in agricultural holdings,
Article 5: Conservation of traditional landscapes and buildings,
Article 13: Aid for land reparcelling,
Article 15: Provision of technical support in the agricultural sector.
Economic sector(s) concerned: Agriculture: Arable and livestock farming, with the exception of breeding warm-blooded horses, poultry or rabbits
Name and address of granting authority:
Občina Zagorje ob Savi |
Cesta IX. avgusta 5 |
SLO-1410 Zagorje ob Savi |
Web address: http://www.uradni-list.si/1/ulonline.jsp?urlid=200758&dhid=90339
Other information: The municipality Rules meet the requirements of Regulation (EC) No 1857/2006 on the measures to be adopted by municipalities and the general provisions to be implemented (procedure for allocating aid, accumulation of aid, transparency and monitoring of aid).
Signature of person responsible:
Brane OMAHNE
XA Number: XA 165/07
Member State: Slovenia
Region: Območje občine Pivka
Title of aid scheme or name of company receiving individual aid: „Državna pomoč za pospeševanje razvoja kmetijstva in gozdarstva v občini Pivka v obdobju 2007-2013“
Legal basis: Pravilnik o dodeljevanju državnih pomoči za pospeševanje razvoja kmetijstva in gozdarstva v občini Pivka v obdobju 2007-2013 (II. Poglavje)
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company:
|
2007: EUR 46 804,10 |
|
2008: EUR 48 208,22 |
|
2009: EUR 49 654,47 |
|
2010: EUR 51 144,10 |
|
2011: EUR 52 678,43 |
|
2012: EUR 54 258,78 |
|
2013: EUR 55 886,54 |
Maximum aid intensity: (Indicate the maximum aid intensity or the maximum aid amount per eligible item).
— |
up to 50 % of eligible costs in less-favoured areas or up to 40 % in other areas. |
The purpose of aid is investment to restore farm features, to purchase equipment used for agricultural production and to invest in pastures and farm land.
— |
for non-productive features up to 100 % of actual costs, |
— |
for agricultural means of production up to 75 % in less-favoured areas or up to 60 % in other areas, provided the investment does not lead to an increase in production potential, |
— |
additional aid may be granted up to 100 % to cover the extra costs incurred by using traditional materials necessary to maintain the heritage features of buildings. |
— |
up to 100 % of actual costs, provided that relocation concerns only dismantling, removing and subsequently re-building existing buildings, |
— |
where relocation results in the farmer benefiting from more modern facilities, the farmer must contribute at least 60 %, or 50 % in less-favoured areas. If the beneficiary is a young farmer, this contribution shall be at least 55 % or 45 % respectively, |
— |
where relocation results in an increase in production potential, the farmer must contribute at least 60 % of the costs in connection with the increased production potential, or 50 % in less-favoured areas. If the beneficiary is a young farmer, this contribution shall be at least 55 % or 45 % respectively. |
— |
up to 100 % of actual costs incurred in legal and administrative procedures. |
— |
up to 100 % of costs incurred in the form of subsidised services; this must not involve direct payments of money to producers. |
— |
aid is granted up to 70 % of costs in the form of subsidised services (which must not involve direct payments of money to producers) for education and training for farmers, consultancy services, for the organisation of forums, competitions, exhibitions, fairs, publications, catalogues, web pages and to disseminate scientific findings. |
Date of implementation: July 2007 (or the day that the Rules enter into force)
Duration of scheme or individual aid award:
Objective of the aid: To support SMEs
Reference to Articles in Commission Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the Rules on granting State aid for rural development programmes in the Pivka municipality for the period 2007-2013 includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):
Article 4: Investment in agricultural holdings,
Article 5: Conservation of traditional landscapes and buildings,
Article 6: Relocation of farm buildings in the public interest,
Article 13: Aid for land reparcelling,
Article 14: Aid to encourage the production of quality agricultural products,
Article 15: Provision of technical support in the agricultural sector.
Economic sector(s) concerned: Agriculture: sub-sector — livestock
Name and address of the granting authority:
Občina Pivka |
Kolodvorska cesta 5 |
SLO-6257 Pivka |
Web address: http://www.uradni-list.si/1/ulonline.jsp?urlid=200757&dhid=90251
Other information: The municipality Rules meet the requirements of Regulation (EC) No 1857/2006 on the measures to be adopted by municipalities and the general provisions to be implemented (procedure for allocating aid, accumulation of aid, transparency and monitoring of aid).
Signature of person responsible:
Robert SMRDELJ
Mayor
XA Number: XA 166/07
Member State: Republic of Slovenia
Region: Območje občine Vojnik
Title of aid scheme or name of company receiving individual aid: „Podpore programom razvoja kmetijstva in podeželja v občini Vojnik 2007-2013“
Legal basis: Pravilnik o dodeljevanju pomoči za ohranjanje in razvoj kmetijstva in podeželja v občini Vojnik za programsko obdobje 2007-2013 (II. Poglavje)
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company:
|
2007: EUR 83 125 |
|
2008: EUR 90 000 |
|
2009: EUR 95 000 |
|
2010: EUR 100 000 |
|
2011: EUR 105 000 |
|
2012: EUR 110 000 |
|
2013: EUR 115 000 |
Maximum aid intensity:
1. |
Updating farms with arable and livestock production:
The purpose of aid is investment to restore farm features, to purchase equipment used for agricultural production, to invest in permanent crops and to improve farmland and pastures. |
2. |
Conservation of traditional landscapes and buildings:
|
3. |
Relocation of farm buildings in the public interest:
|
4. |
Aid towards the payment of insurance premiums:
|
5. |
Aid for land reparcelling:
|
6. |
Aid to encourage the production of quality agricultural products:
|
7. |
Provision of technical support:
|
Date of implementation: July 2007 (or the date on which the Rules enter into force)
Duration of scheme or individual aid award: Ends 31 December 2013
Objective of the aid: To support SMEs
Reference to Articles in Commission Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the Rules on granting aid for conservation, agriculture and rural development in the municipality of Vojnik for the period 2007-2013 includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):
Article 4: Investment in agricultural holdings,
Article 5: Conservation of traditional landscapes and buildings,
Article 6: Relocation of farm buildings in the public interest,
Article 12: Aid towards the payment of insurance premiums,
Article 13: Aid for land reparcelling,
Article 14: Aid to encourage the production of quality agricultural products,
Article 15: Provision of technical support in the agricultural sector.
Name and address of granting authority:
Občina Vojnik |
Keršova 8 |
SLO-3212 Vojnik |
Web address: http://www.uradni-list.si/1/ulonline.jsp?urlid=200757&dhid=90264
Other information: The measure for the payment of insurance premiums to insure crops and products includes the following adverse weather conditions which may be classed as a natural disaster: spring frost, hail, lightning, fire caused by lightning, hurricanes and floods.
The municipality Rules meet the requirements of Regulation (EC) No 1857/2006 on the measures to be adopted by municipalities and the general provisions to be implemented (procedure for allocating aid, accumulation of aid, transparency and monitoring of aid).
Signature of person responsible
Benedikt PODERGAJS
Mayor of the municipality of Vojnik
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/18 |
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
(2007/C 302/11)
XA Number: XA 125/07
Member State: France
Region: Département de Saône-et-Loire
Title of aid scheme: Aides aux investissements de diversification agricole
Legal bases:
— |
Article 4 of Commission Regulation (EC) No 1857/2006 of 15 December 2006. |
— |
Art L 3231-2 et subséquents du Code général des collectivités territoriales permettant aux collectivités territoriales d'accorder des aides pour favoriser le développement économique. |
— |
Délibération du Conseil régional de Bourgogne du 15 janvier 2007 |
— |
Délibération du Conseil général du 27 mars 2007. |
Annual expenditure planned under the scheme: EUR 150 000 in aid annually, according to needs and depending on availability of funds
Maximum aid intensity:
Title of the activity |
Nature of eligible expenditure |
Amount of eligible expenditure in EUR (excl. tax) |
General rate of assistance for scheme |
|
Min. |
Max. |
|||
Aid for diversification: support for innovative and unusual agricultural projects (1)that encourage farmers to set up in rural areas |
Fixed production equipment, excluding replacement equipment |
5 000 |
30 000 |
30 % |
Date of implementation: As soon as acknowledgement of receipt has been received from the European Commission.
Duration of scheme or individual aid award: 6 years, subject to budgetary resources
Objective of aid: The objective is to contribute to the diversification of agricultural activity in the department by helping initiatives that are conducive to the growth of new forms of production, supporting innovative or unusual agricultural projects that encourage farmers to set up in rural areas.
Sector(s) concerned: All agricultural production sectors in the department
Name and address of the granting authority:
MONSIEUR LE PRÉSIDENT DU CONSEIL GÉNÉRAL DE SAÔNE-ET-LOIRE |
Direction de l'Équipement rural et de l'agriculture |
Service des Affaires Agricoles |
Espace Duhesme |
18 rue de Flacé |
F-71026 Macon Cedex 9 |
Web address: http://www.cg71.com
XA Number: XA 126/07
Member State: Italy
Region: Regione Autonoma Friuli Venezia Giulia
Title of aid scheme or name of company receiving an individual aid award: Legge 1329/65 «Sabatini» — Agevolazioni per l'acquisto o la locazione finanziaria di nuove macchine utensili o di produzione. Settore agricolo
Legal basis: Legge 28 novembre 1965, n. 1329
Regolamento concernente criteri e modalità per la concessione delle agevolazioni di cui alla L 1329/65 approvato con deliberazione della Giunta regionale n. 1387 dell'8 giugno 2007
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Total budget for all the production sectors receiving incentives under Law No 1329/65: EUR 15 000 000
Maximum aid intensity: Up to 50 % of eligible investments by undertakings active in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) and (iii) of Regulation (EC) No 1698/2005, designated by the Member States in accordance with Articles 50 and 94 of that Regulation.
For undertakings active in other areas, the gross aid intensity may not exceed 40 % of eligible costs.
Date of implementation: The aid scheme will enter into force on 1 July 2007 and in any case ten working days after this form is submitted, in accordance with Article 20(1) of Regulation (EC) No 1857/2006 on exemptions.
Duration of scheme or individual aid award: Ends 31 December 2013
Objective of aid: To help SMEs with the purchase or financial lease of new machine-tools or manufacturing equipment costing over EUR 1 000 in total.
Eligible investment must pursue one or more of the following objectives:
reduction of production costs,
improvement and re-deployment of production,
improvement in quality,
preservation and improvement of the natural environment, hygiene conditions and animal welfare standards.
The aid measure falls under Article 4 of Regulation (EC) No 1857/2006 published in OJ L 358 of 16 December 2006.
Sector(s) concerned: SMEs active in the sector of primary agricultural production listed in Annex I to the EC Treaty
Name and address of the granting authority:
Regione Autonoma Friuli Venezia Giulia |
Direzione centrale attività produttive |
Servizio sostegno e promozione comparto produttivo industriale |
Via Trento, 2 |
I-34132 Trieste |
Web address: http://www.regione.fvg.it/istituzionale/delibere/delibere.htm
Other information: Director, Servizio sostegno e promozione comparto produttivo industriale
Antonio Feruglio
XA Number: XA 150/07
Member State: Republic of Slovenia
Region: State aid covering the entire territory of the Republic of Slovenia
Title of aid scheme or name of company receiving individual aid: „Podpora strokovnim prireditvam, stanovskemu in interesnemu povezovanju“
Legal basis: 4. člen Uredbe o programih kmetijske strukturne politike in kmetijske politike razvoja podeželja za leti 2007 in 2008
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: 2007: EUR 292 104
2008: EUR 292 104
Maximum aid intensity: To provide technical support in agriculture, the intensity of aid to cover presentations given by experts and for high-level and interest-group based networks totals up to 100 % of eligible costs.
Date of implementation: Starts 17 July 2007
Duration of scheme or individual aid award: Ends 31 December 2008
Objective of the aid: Technical support to SMEs
Reference to Articles of Commission Regulation (EC) No 1857/ 2006 and eligible costs: Article 4 of the Decree on the programmes of agricultural structural and rural development policy for 2007 and 2008 includes measures constituting State aid in accordance with Article 15 (technical support for agriculture) of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3).
Aid to make expert presentations, for information and training will be granted in the form of subsidised services for non-governmental and non-for-profit forms of cooperation between farmers that are SMEs, therefore the requirement is fulfilled that aid may be granted only to small and medium-sized enterprises active in agricultural production.
Economic Sector(s) concerned: Agriculture
Name and address of granting authority: Ministrstvo za kmetijstvo, gozdarstvo in prehrano RS
Web address: http://www.uradni-list.si/1/ulonline.jsp?urlid=200758&dhid=90280
Other information: Date: 3 July 2007
Signature of person responsible:
Branko RAVNIK
Acting Director-General
Directorate of Agriculture
XA Number: XA 151/07
Member State: France
Region: All, since these measures may be financed by any regional or local authorities (regional councils or general councils) wishing to do so.
Title of aid scheme or name of company receiving individual aid: Aides à l'assistance technique dans le secteur de l'élevage
Legal basis: Code Rural, partie législative, articles L 621-1 à L 621-11.
Projet d'arrêté du ministre de l'agriculture et de la pêche
Code général des collectivités territoriales, articles L 1511-1 et suivants
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 26 million/year from the National Inter-trade Office for Livestock and Livestock Products, subject to budget allocations, and an unspecified amount from regional and local authorities.
Maximum aid intensity: Up to 100 %
Date of implementation: The aid scheme will be implemented from the date of acknowledgement of receipt by the Commission, subject to the corresponding appropriations being available.
Duration of scheme or individual aid: 7 years
Objective of aid: This aid scheme is in line with Article 15 of Commission Regulation (EC) No 1857/2006 of 15 December 2006.
The National Inter-trade Office for Livestock and Livestock Products will introduce livestock sector aid programmes aimed at providing stock farmers with specific technical assistance centred, depending on the programme, around the following themes:
animal disease prevention, food safety and traceability, including by introducing the ‘hygiene package’ (applying Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, and Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin),
reduction of constraints at work, improvement of work ergonomics and design of buildings,
improvement of practices favouring respect for the environment and animal welfare,
assistance in the sphere of genetic improvement,
segmentation of markets, in particular by introducing and backing up quality measures.
These aid programmes will involve defraying the costs of consultancy services provided by producer groups or other organisations acting vis-à-vis stock farmers within the framework of collective agreements introducing, based on the above themes, individual and specific livestock monitoring. It will also be a question of supporting the consultancy programmes enabling those agreements to be drawn up and monitored.
The aid scheme will make it possible to finance the costs of technical support and advice provided within that framework, limited to the costs relating to the supply of that service. No aid will be paid to stock farmers.
Steps will be taken to ensure that no stock farmer whose holding does not satisfy the Community criteria for small and medium-sized enterprises (SMEs) will benefit from a subsidised technical assistance service. Subject to this restriction, the aid will be granted in the form of subsidised services, accessible to all stock farmers, without having to be members of producer organisations or other structures.
Regional and local authorities (regional councils and general councils) wishing to do so will be able to grant aid under the same conditions as those adopted by the Office for Livestock in respect of this scheme, subject to compliance with the authorised limit rates.
Sector(s) concerned: Livestock sector
Name and address of the granting authority:
Office National Interprofessionnel de l'Élevage et de ses Productions |
80, avenue des Terroirs de France |
F-75607 Paris Cedex 12 |
Web address: http://www.office-elevage.fr/aides-nat/aides-nat.htm
Other information: Regional or local authorities supplementing the financing by the Office for Livestock must do so subject to the same conditions as those adopted by the Office for Livestock and verify compliance with the aid limits, with the help of the departmental directorates for agriculture and forestry, by reference to the limits laid down in Article 15(2)(a), (b), (c), (d) and (e) of Regulation (EC) No 1857/2006, the framework for this scheme.
(1) Innovative and unusual agricultural projects: bison, ostriches, worm-farming, snail-farming, etc.
V Announcements
ADMINISTRATIVE PROCEDURES
Council
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/22 |
Extension of the period of validity of the shortlists of suitable candidates
(2007/C 302/12)
By decision of the Deputy Secretary-General of the Council of the European Union, the validity of the following shortlists of suitable candidates, drawn up following the open competitions listed below, is extended:
Article 1: until 31 December 2008:
Council/A/393 |
to establish a reserve recruitment list of Greek-speaking Administrators, the notice of which was published in Official Journal of the European Communities C 98 of 6 April 2000; |
Council/A/394 |
to establish a reserve recruitment list of Portuguese-speaking Administrators, the notice of which was published in Official Journal of the European Communities C 99 of 7 April 2000; |
Council/A/397 |
to establish a reserve recruitment list of Administrators in the field of security engineering and in the field of security screening and clearance, the notice of which was published in Official Journal of the European Communities C 169 A of 13 June 2001; |
Council/A/400 |
to establish a reserve list of Administrators in the Security Department — Physical Security Unit, the notice of which was published in Official Journal of the European Communities C 300 A of 26 October 2001; |
Council/A/401 |
to establish a reserve list of Administrators in the Security Department — Data Security and Systems Accreditation Audit Unit, the notice of which was published in Official Journal of the European Communities C 300 A of 26 October 2001; |
Council/A/406 |
to establish a reserve list of Principal Administrators in the Information Systems Security (Infosec) Office — Assistant to the Head of the Infosec Office, the notice of which was published in Official Journal of the European Communities C 300 A of 26 October 2001; |
Council/A/408 |
to establish a reserve list of Principal Administrators in the buildings policy and projects department of the Buildings Division, the notice of which was published in Official Journal of the European Communities C 315 A of 9 November 2001; |
Council/A/415 |
to establish a reserve list of Head of Department of preventive healthcare and safety at work, the notice of which was published in Official Journal of the European Communities C 170 A of 16 July 2002; |
Council/LA/398 |
to establish a reserve list of English-speaking Translators, the notice of which was published in Official Journal of the European Communities C 198 A of 13 July 2001; |
Council/C/413 |
to establish a reserve list of Finnish-speaking Secretaries, the notice of which was published in Official Journal of the European Communities C 49 of 22 February 2002; |
Council/C/407 |
to establish a reserve list of Clerical Assistants for the Information Systems Security Office (Infosec), the notice of which was published in Official Journal of the European Communities C 300 A of 26 October 2001. |
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
Commission
14.12.2007 |
EN |
Official Journal of the European Union |
C 302/24 |
Notice of initiation of an anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated iron or steel flat-rolled products originating in the People's Republic of China
(2007/C 302/13)
The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of certain hot-dipped metallic-coated iron or steel flat-rolled products, originating in the People's Republic of China (‘the country concerned’), are being dumped and are thereby causing material injury to the Community industry.
1. Complaint
The complaint was lodged on 30 October 2007 by EUROFER (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of certain hot-dipped metallic-coated iron or steel flat-rolled products.
2. Product
The product allegedly being dumped is certain hot-dipped metallic-coated iron or steel flat-rolled products, i.e.:
— |
flat-rolled products of iron or non-alloy steel, plated or coated with zinc and/or with aluminium (excluding electronically plated or coated with zinc) normally declared within CN codes 7210 41 00, 7210 49 00, 7210 61 00, 7210 69 00, 7212 30 00, 7212 50 61 and 7212 50 69, |
— |
flat-rolled products of alloy steel, of a width of 600 mm or more, plated or coated with zinc and/or aluminium (excluding of stainless steel, of silicon-electrical steel, of products not further worked than hot-rolled or cold-rolled (cold-reduced) and of products electronically plated or coated with zinc) normally declared within CN codes 7225 92 00 and ex 7225 99 00, and |
— |
flat-rolled products of alloy steel, of a width of less than 600 mm, plated or coated with zinc and/or aluminium (excluding of stainless steel, of silicon-electrical steel, of high-speed steel, of products not further worked than hot-rolled or cold-rolled (cold-reduced) and of products electronically plated or coated with zinc) normally declared within CN codes 7226 99 30 and ex 7226 99 70, originating in the People's Republic of China (‘the product concerned’). These CN codes are only given for information. |
3. Allegation of dumping
In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for the People's Republic of China on the basis of the price in a market economy country, which is mentioned in point 5.1(d). The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.
On this basis, the dumping margin calculated is significant.
4. Allegation of injury
The complainant has provided evidence that imports of the product concerned from the People's Republic of China have increased overall in absolute terms and in terms of market share.
It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held, the quantities sold and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance of the Community industry.
5. Procedure
Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.
5.1. Procedure for the determination of dumping and injury
The investigation will determine whether the product concerned originating in the People's Republic of China is being dumped and whether this dumping has caused injury.
(a) Sampling
In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.
(i) Sampling for exporters/producers in the People's Republic of China
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:
— |
name, address, e-mail address, telephone and fax numbers and contact person, |
— |
the turnover in local currency and the volume in tonnes of the product concerned manufactured by the company and sold for export to the Community during the period 1 December 2006 to 30 November 2007, |
— |
the turnover in local currency and the volume in tonnes of the product concerned manufactured by the company and sold on the domestic market during the period 1 December 2006 to 30 November 2007, |
— |
the precise activities of the company with regard to the production of the product concerned, |
— |
the names and the precise activities of all related companies (2) involved in the production and/or selling (export and/or domestic) of the product concerned, |
— |
any other relevant information that would assist the Commission in the selection of the sample. |
By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.
In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country and any known associations of exporters/producers.
Since a company can not be sure to be chosen into the sample, exporters/producers that wish to claim an individual margin (3) are advised to request a questionnaire within the deadline foreseen in point 6(a)(i) of this notice, and file it within the deadline foreseen in point 6(a)(ii) first paragraph of this notice. However, attention is drawn to the last sentence of point 5.1(b) of this notice.
(ii) Sampling for importers
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:
— |
name, address, e-mail address, telephone and fax numbers and contact person, |
— |
the total turnover in euro of the company during the period 1 December 2006 to 30 November 2007, |
— |
the total number of employees, |
— |
the precise activities of the company with regard to the product concerned, |
— |
the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 December 2006 to 30 November 2007 of the imported product concerned originating in the People's Republic of China, |
— |
the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned, |
— |
any other relevant information that would assist the Commission in the selection of the sample. |
By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.
In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.
(iii) Sampling for Community producers
In view of the large number of Community producers supporting the complaint, the Commission intends to investigate injury to the Community industry by applying sampling.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all Community producers, or representatives acting on their behalf, are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:
— |
name, address, e-mail address, telephone and fax numbers and contact person, |
— |
the total turnover in euro of the company during the period 1 December 2006 to 30 November 2007, |
— |
the precise activities of the company with regard to the product concerned, |
— |
the value in euro of sales of the product concerned made in the Community market during the period 1 December 2006 to 30 November 2007, |
— |
the volume in tonnes of sales of the product concerned made in the Community market during the period 1 December 2006 to 30 November 2007, |
— |
the volume in tonnes of the production of the product concerned during the period 1 December 2006 to 30 November 2007, |
— |
the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned, |
— |
any other relevant information that would assist the Commission in the selection of the sample. |
By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.
(iv) Final selection of the samples
All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 6(b)(ii).
The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.
Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.
If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.
(b) Questionnaires
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, to known users and to the authorities of the exporting country concerned.
Exporters/producers in the People's Republic of China who wish to claim an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(a)(i). However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.
(c) Collection of information and holding of hearings
All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in point 6(a)(ii).
Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).
(d) Selection of the market economy country
In accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose Brazil as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).
(e) Market economy treatment
For those exporters/producers in the People's Republic of China which claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in point 6(d). The Commission will send claim forms to all exporters/producers in the People's Republic of China which have either been included in the sample or named in the complaint and to any association of exporters/producers named in the complaint, as well as to the authorities of the People's Republic of China.
5.2. Procedure for assessment of Community interest
In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason, the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.
6. Time limits
(a) General time limits
(i) For parties to request a questionnaire or other claim forms
All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.
(ii) For parties to make themselves known, to submit questionnaire replies and any other information
All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. All exporters/producers concerned by this proceeding, who wish to apply for individual examination in accordance with Article 17(3) of the basic Regulation, must also submit a questionnaire reply within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.
Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).
(iii) Hearings
All interested parties may also apply to be heard by the Commission within the same 40-day time limit.
(b) Specific time limit in respect of sampling
(i) |
The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
(ii) |
All other information relevant for the selection of the sample as referred to in point 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
(iii) |
The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
(c) Specific time limit for the selection of the market economy country
Parties to the investigation may wish to comment on the appropriateness of Brazil which, as mentioned in point 5.1(d), is envisaged as a market economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.
(d) Specific time limit for submission of claims for market economy and/or individual treatment
Duly substantiated claims for market economy treatment (as mentioned in point 5.1(e)) and/or for individual treatment pursuant to Article 9(5) of the basic Regulation must reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.
7. Written submissions, questionnaire replies and correspondence
All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party). All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.
Commission address for correspondence:
European Commission |
Directorate General for Trade |
Directorate H |
Office: J-79 4/23 |
B-1049 Brussels |
Fax (32-2) 295 65 05 |
8. Non-cooperation
In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
9. Schedule of the investigation
The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.
10. Processing of personal data
It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council 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 (5).
11. Hearing Officer
It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).
(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).
(2) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).
(3) Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample, Article 9(5) of the basic Regulation concerning individual treatment in cases involving non-market economy countries/economies in transition, and Article 2(7)(b) of the basic Regulation for companies claiming market economy status. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation and that claims regarding market economy treatment necessitate an application pursuant to Article 2(7)(b) of the basic Regulation.
(4) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).