13.11.2008

EN

Official Journal of the European Union

C 290/1

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 290/01)

Date of adoption of the decision	16.7.2008
Reference number of the aid	N 497/07
Member State	Lithuania
Region	Lazdijai, Alytus
Title (and/or name of the beneficiary)	Plačiajuosčio duomenų perdavimo tinklo sukūrimas lazdijų ir alytaus rajonų savivaldybėse
Legal basis	Lietuvos Respublikos Vyriausybės nutarimas „Dėl Lietuvos plačiajuosčio ryšio infrastruktūros 2005–2010 metų plėtros strategijos patvirtinimo“ (Valstybės žinios: 2005 11 19 Nr. 137–4920)
Type of measure	Individual aid
Objective	Sectoral development
Form of aid	Transactions not on market terms
Budget	Overall budget: LTL 5,9 million
Intensity	—
Duration	1.12.2007-30.11.2012
Economic sectors	Post and telecommunications
Name and address of the granting authority	Lazdijų rajono savivaldybės administracija Vilniaus g. 1 LT-67106 Lazdijai
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/

Date of adoption of the decision	1.10.2008
Reference number of the aid	NN 41/08
Member State	United Kingdom
Region	—
Title (and/or name of the beneficiary)	Rescue aid to Bradford and Bingley
Legal basis	Banking (special Provisions) act 2008. Bank of England Charters and Acts 1694-1998
Type of measure	Individual aid
Objective	Rescue of firms in difficulty
Form of aid	Guarantee, Soft loan, Ad hoc contracts
Budget	—
Intensity	—
Duration	29.9.2008-29.3.2009
Economic sectors	Financial intermediation
Name and address of the granting authority	The Commissioner for Her Majesty's Treasury. The Governor and Company of the Bank of England
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/

Date of adoption of the decision	17.6.2008
Reference number of the aid	N 73/08
Member State	Spain
Region	—
Title (and/or name of the beneficiary)	Subprograma Avanza Infrastructuras (medidas a, b y c) de la Acción Estratégica de Telecomunicaciones y Sociedad de la Información, dentro del Plan Nacional de Investigación Científica, Desarrollo e Innovación Tecnológica 2008-2011
Legal basis	Orden ITC/464/2008 de 20 de febrero por la que se regulan las bases, el régimen de ayudas y la gestión de la Acción Estratégica de Telecomunicaciones y Sociedad de la Información, dentro del Plan Nacional de Investigación Científica, Desarrollo e Innovación Tecnológica 2008-2011
Type of measure	Aid scheme
Objective	Sectoral development
Form of aid	Direct grant, Soft loan
Budget	Overall budget: EUR 180 million
Intensity	50 %
Duration	2008-2011
Economic sectors	Post and telecommunications
Name and address of the granting authority	Secretaría de Estado de Telecomunicaciones y para la Sociedad de la Información c/ Capitán Haya, 41 E-28071 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/

Date of adoption of the decision	5.8.2008
Reference number of the aid	N 216/08
Member State	Spain
Region	Comunidad Valenciana
Title (and/or name of the beneficiary)	Plan de mejora de la calidad del suministro de energía eléctrica en la Comunidad Valenciana
Legal basis	— Convenios de colaboracion suscritos entre la Generalitat de la Comunidad Valenciana y las distintas empresas — Real Decreto 887/2006, de 21 de julio, por el que se aprueba el Reglamento de la Ley 38/2003, de 17 de noviembre, General de Subvenciones.
Type of measure	Aid scheme
Objective	Regional development
Form of aid	Direct grant
Budget	Annual budget: EUR 3,6 million Overall budget: EUR 17,1 million
Intensity	30 %
Duration	1.1.2008-31.12.2013
Economic sectors	Electricity, gas and water supply
Name and address of the granting authority	Consejería de Infraestructuras y Transporte de la Generalitat Valenciana Avda. Blasco Ibáñez 50 E-46010 Valencia
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/

Date of adoption of the decision	13.10.2008
Reference number of the aid	N 507/08
Member State	United Kingdom
Region	—
Title (and/or name of the beneficiary)	Financial Support Measures to the Banking Industry in the UK
Legal basis	Common Law Powers of UK Government
Type of measure	Aid scheme
Objective	Aid to remedy serious disturbances in the economy
Form of aid	Guarantee, Provision of risk capital
Budget	Overall budget: GBP 500 billion
Intensity	—
Duration	From 13.10.2008 — Up to 42 months
Economic sectors	Financial intermediation
Name and address of the granting authority	The Commissioners of Her Majesty's Treasury
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/

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13.11.2008

EN

Official Journal of the European Union

C 290/5

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Non-opposition to a notified concentration

(Case COMP/M.5356 — Gamestop/Micromania)

(Text with EEA relevance)

(2008/C 290/02)

On 7 November 2008, 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 32008M5356. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

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13.11.2008

EN

Official Journal of the European Union

C 290/6

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Euro exchange rates (1)

12 November 2008

(2008/C 290/03)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,2530
JPY	Japanese yen	121,81
DKK	Danish krone	7,4458
GBP	Pound sterling	0,82310
SEK	Swedish krona	10,1065
CHF	Swiss franc	1,4868
ISK	Iceland króna	202,00
NOK	Norwegian krone	8,7825
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,415
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	271,00
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7091
PLN	Polish zloty	3,7658
RON	Romanian leu	3,8563
SKK	Slovak koruna	30,495
TRY	Turkish lira	2,0601
AUD	Australian dollar	1,8992
CAD	Canadian dollar	1,5193
HKD	Hong Kong dollar	9,7119
NZD	New Zealand dollar	2,1801
SGD	Singapore dollar	1,8890
KRW	South Korean won	1 712,85
ZAR	South African rand	13,0813
CNY	Chinese yuan renminbi	8,5574
HRK	Croatian kuna	7,1500
IDR	Indonesian rupiah	14 472,15
MYR	Malaysian ringgit	4,5014
PHP	Philippine peso	61,200
RUB	Russian rouble	34,4759
THB	Thai baht	43,824
BRL	Brazilian real	2,8484
MXN	Mexican peso	16,3517

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(1)  

Source: reference exchange rate published by the ECB.

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13.11.2008

EN

Official Journal of the European Union

C 290/7

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid

(Text with EEA relevance)

(2008/C 290/04)

Aid No	XR 86/08
Member State	Czech Republic
Region	87(3)(a)
Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement	Operační program Podnikání a inovace 2007–2013. Podprogram ICT v podnicích – II. výzva
Legal basis	Zákon č. 47/2002 Sb., o podpoře malého a středního podnikání. Zákon č. 218/2000 Sb., o rozpočtových pravidlech a o změně některých souvisejících zákonů
Type of measure	Aid scheme
Annual budget	CZK 233 million
Maximum aid intensity	40 %
	In conformity with Article 4 of the Regulation
Date of implementation	1.5.2008
Duration	30.6.2010
Economic sectors	All sectors eligible for regional investment aid
Name and address of the granting authority	Ministerstvo průmyslu a obchodu České republiky Na Františku 32 CZ-110 15 Praha 1
Internet address of the publication of the aid scheme	www.mpo.cz
Other information	—

Aid No	XR 87/08
Member State	Czech Republic
Region	87(3)(a)
Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement	Operační program Podnikání a inovace 2007–2013. Podprogram ICT v podnicích – II. výzva
Legal basis	Zákon č. 47/2002 Sb., o podpoře malého a středního podnikání. Zákon č. 218/2000 Sb., o rozpočtových pravidlech a o změně některých souvisejících zákonů
Type of measure	Aid scheme
Annual budget	CZK 950 million
Maximum aid intensity	40 %
	In conformity with Article 4 of the Regulation
Date of implementation	1.5.2008
Duration	30.6.2010
Economic sectors	All sectors eligible for regional investment aid
Name and address of the granting authority	Ministerstvo průmyslu a obchodu České republiky Na Františku 32 CZ-110 15 Praha 1
Internet address of the publication of the aid scheme	www.mpo.cz
Other information	—

Aid No	XR 101/08
Member State	Italy
Region	Campania
Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement	Incentivi per l'innovazione e lo sviluppo
Legal basis	Legge regionale n. 12/07, Regolamento n. 7/2007, Disciplinare Delibera Giunta Regionale n. 514 del 21 marzo 2008 Decreto dirigenziale n. 217 del 17 aprile 2008
Type of measure	Aid scheme
Annual budget	EUR 16 million
Maximum aid intensity	30 %
	In conformity with Article 4 of the Regulation
Date of implementation	19.6.2008
Duration	31.12.2013
Economic sectors	All sectors eligible for regional investment aid
Name and address of the granting authority	Regione Campania AGC 12 Sviluppo Economico Centro Direzionale Isola A/6 I-80143 Napoli
Internet address of the publication of the aid scheme	http://www.economiacampania.net/index001.php?part=articolo&ida=344
Other information	—

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13.11.2008

EN

Official Journal of the European Union

C 290/9

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(Text with EEA relevance)

(2008/C 290/05)

Reference number of the aid	XT 99/08
Member State	Poland
Region	—
Title (and/or name of the beneficiary)	Pomoc na szkolenia udzielana na podstawie rozporządzenia Ministra Rozwoju Regionalnego z dnia 6 maja 2008 r. w sprawie udzielenia pomocy publicznej w ramach Programu Operacyjnego Kapitał Ludzki
Legal basis	— Program Operacyjny Kapitał Ludzki (w szczególności priorytety: I, VI, VII, VIII) — Komunikat Ministra Rozwoju Regionalnego z dnia 26 października 2007 r. o podjęciu przez Komisję Europejską decyzji zatwierdzającej Program Operacyjny Kapitał Ludzki (M.P. nr 82, poz. 877), — art. 21 ust. 3 ustawy z dnia 6 grudnia 2006 r. o zasadach prowadzenia polityki rozwoju (Dz.U. 227, poz. 1658 z późn. zm.), — rozdziały 1, 3, 6 rozporządzenia Ministra Rozwoju Regionalnego z dnia 6 maja 2008 r. w sprawie udzielania pomocy publicznej w ramach Programu Operacyjnego Kapitał Ludzki (Dz.U. nr 90, poz. 557)
Type of measure	Aid scheme
Budget	Annual budget: EUR 200 million
Maximum aid intensity	In conformity with Article 4(2)-(7) of the Regulation
Date of implementation	6.5.2008
Duration	31.12.2013
Objective	General training Specific training
Economic sectors	All sectors eligible for training aid
Name and address of the granting authority	Departament Wdrażania EFS Ministerstwo Pracy i Polityki Społecznej Ul. Żurawia 4a PL-00-513 Warszawa Tel. (48-22) 693 59 54 Fax (48-22) 693 40 72 E-mail: elzbietawojtowicz@mpips.gov.pl & Annex

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13.11.2008

EN

Official Journal of the European Union

C 290/13

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Notice of initiation of an anti-dumping proceeding concerning imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless originating in Belarus, Turkey and Ukraine

(2008/C 290/06)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless, originating in Belarus, Turkey and Ukraine (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 29 September 2008 by the Defence Committee of the Welded Steel Tubes Industry of the European Union (‘the complainant’), on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless.

2.   Product

The product allegedly being dumped is welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless, but excluding line pipe of a kind used for oil or gas pipelines and casing and tubing of a kind used in drilling for oil or gas, originating in Belarus, Turkey and Ukraine (‘the product concerned’), normally declared within CN code 7306 61 92 and 7306 61 99. These CN codes are only given for information. The product is also often referred to as a ‘hollow section’.

3.   Allegation of dumping

The allegation of dumping in respect of Turkey and Ukraine is based on a comparison of normal value established on the basis of domestic prices, with the export prices of the product concerned when sold for export to the Community.

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for Belarus 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 margins calculated are significant for all exporting countries concerned.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from Belarus, Turkey and Ukraine 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 and the level of prices charged by the Community industry, resulting in substantial adverse effects on the financial and employment situation 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 Belarus, Turkey and Ukraine 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 Turkey and Ukraine

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 format 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 sold for export to the Community during the period 1 October 2007 to 30 September 2008,

—	the turnover in local currency and the sales volume in tonnes for the product concerned on the domestic market during the period 1 October 2007 to 30 September 2008,

—	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 countries, and any known associations of exporters/producers.

Since a company cannot be certain that it will be selected in the sample, exporters/producers that wish to claim an individual margin pursuant to Article 17(3) of the basic Regulation 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)(ii) 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 October 2007 to 30 September 2008,

—	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 October 2007 to 30 September 2008 of the imported product concerned originating in Belarus, Turkey and Ukraine,

—	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):

—	name, address, e-mail address, telephone, and fax numbers and contact person,

—	the total turnover in euro of the company during the period 1 October 2007 to 30 September 2008,

—	the precise activities of the company with regard to the production of the product concerned,

—	the value in euro of sales of the product concerned made in the Community market during the period 1 October 2007 to 30 September 2008,

—	the volume in tonnes of sales of the product concerned made in the Community market during the period 1 October 2007 to 30 September 2008,

—	the volume in tonnes of the production of the product concerned during the period 1 October 2007 to 30 September 2008,

—	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 or 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 Turkey and Ukraine, to the exporters/producers in Belarus, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting countries concerned.

(i)   Exporters/producers in Belarus

All such interested parties should contact the Commission forthwith by fax, but not later than the time limit set out in point 6(a)(i), in order to find out whether they are listed in the complaint and, if necessary, request a questionnaire, given that the time limit set in point 6(a)(ii) applies to all such interested parties.

(ii)   Exporters/producers claiming an individual margin in Turkey and Ukraine

Exporters/producers in Turkey and Ukraine claiming 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 the United States of America as an appropriate market economy country for the purpose of establishing normal value in respect of Belarus. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).

(e)   Exporters/producers claiming individual treatment in Belarus

Exporters/producers in Belarus may claim individual treatment pursuant to Article 9(5) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims, requesting individual treatment, must do so within the general time limit set in paragraph 6(a)(ii) of this notice. The Commission will send claim forms to all exporters/producers in Belarus named in the complaint and to any association of exporters/producers named in the complaint, as well as to the authorities of Belarus.

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. 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 point 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 the United States of America 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 Belarus. 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.

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’ (3) 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: N-105 04/092

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 of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).

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 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 of the website of DG Trade (http://ec.europa.eu/trade).

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(1)  OJ L 56, 6.3.1996, p. 1.

(2)  For guidance on the meaning of related companies, please refer to Article 143 of 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)  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).

(4)  OJ L 8, 12.1.2001, p. 1.

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13.11.2008

EN

Official Journal of the European Union

C 290/18

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Prior notification of a concentration

(Case COMP/M.5160 — APAX Partners/Altran Technologies)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 290/07)

1.

On 3 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking APAX Partners SA (‘APAX Partners’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Altran Technologies SA (‘Altran’, France) by way of purchase of shares.

2.	The business activities of the undertakings concerned are: — for APAX Partners: risk capital investment, — for Altran: information and technology consultancy, strategy and management consultancy.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on theproposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5160 — APAX Partners/Altran Technologies, to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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13.11.2008

EN

Official Journal of the European Union

C 290/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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