ISSN 1725-2423

Official Journal

of the European Union

C 73

European flag  

English edition

Information and Notices

Volume 49
25 March 2006


Notice No

Contents

page

 

I   Information

 

Commission

2006/C 073/1

Euro exchange rates

1

2006/C 073/2

Order revising the maximum fares on air routes subject to public service obligations between the Canary Islands ( 1 )

2

2006/C 073/3

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 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, processing and marketing of agricultural products.

3

2006/C 073/4

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 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, processing and marketing of agricultural products

9

2006/C 073/5

Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 of 12 October 1992, on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

12

2006/C 073/6

Administrative Agreement between the European Commission and the Kingdom of Spain

14

2006/C 073/7

Information procedure — Technical rules ( 1 )

16

 

European Central Bank

2006/C 073/8

Agreement of 16 March 2006 between the European Central Bank and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange rate mechanism in stage three of Economic and Monetary Union

21

 


 

(1)   Text with EEA relevance

EN

 


I Information

Commission

25.3.2006   

EN

Official Journal of the European Union

C 73/1


Euro exchange rates (1)

24 March 2006

(2006/C 73/01)

1 euro=

 

Currency

Exchange rate

USD

US dollar

1,1969

JPY

Japanese yen

141,52

DKK

Danish krone

7,4610

GBP

Pound sterling

0,69080

SEK

Swedish krona

9,3730

CHF

Swiss franc

1,5763

ISK

Iceland króna

87,80

NOK

Norwegian krone

7,9690

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5757

CZK

Czech koruna

28,700

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

264,48

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9075

RON

Romanian leu

3,5107

SIT

Slovenian tolar

239,56

SKK

Slovak koruna

37,583

TRY

Turkish lira

1,6149

AUD

Australian dollar

1,6894

CAD

Canadian dollar

1,3995

HKD

Hong Kong dollar

9,2875

NZD

New Zealand dollar

1,9571

SGD

Singapore dollar

1,9400

KRW

South Korean won

1 172,42

ZAR

South African rand

7,5827

CNY

Chinese yuan renminbi

9,6157

HRK

Croatian kuna

7,3250

IDR

Indonesian rupiah

10 915,73

MYR

Malaysian ringgit

4,424

PHP

Philippine peso

61,281

RUB

Russian rouble

33,3360

THB

Thai baht

46,765


(1)  

Source: reference exchange rate published by the ECB.


25.3.2006   

EN

Official Journal of the European Union

C 73/2


Order revising the maximum fares on air routes subject to public service obligations between the Canary Islands

(2006/C 73/02)

(Text with EEA relevance)

Cost increases due to the effect of fuel price changes, the change in the Consumer Price Index and aviation fees and fares have prompted airlines to request an increase in the maximum fares stipulated in the Council of Ministers' Agreement of 10 July 1998 applying public service obligations to Canary Island air routes.

The annex to the abovementioned Agreement provides for the Minister for Internal Development to change the maximum fares in proportion to the rise in costs if the price of costs affecting the operation of these air services rise and at the proposal of the airlines, using the specific procedure in the Annex.

By virtue of and in accordance with the Agreement, it is hereby decided that:

The maximum fare set in paragraph 2(1) of the Annex to the Council of Minister's Agreement of 10 July 1998 for each route, on the outward journey, shall be as follows:

(a)

Gran Canaria — Tenerife North: EUR 52

(b)

Gran Canaria — Tenerife South: EUR 52

(c)

Gran Canaria — Fuerteventura: EUR 60

(d)

Gran Canaria — El Hierro: EUR 88

(e)

Gran Canaria — Lanzarote: EUR 67

(f)

Gran Canaria — La Palma: EUR 82

(g)

Tenerife North — Fuerteventura: EUR 83

(h)

Tenerife North — El Hierro: EUR 60

(i)

Tenerife North — Lanzarote: EUR 88

(j)

Tenerife North — La Palma: EUR 55

(k)

La Palma Lanzarote: EUR 88

(l)

Gran Canaria — La Gomera: EUR 82

(m)

Tenerife North — La Gomera: EUR 60

This revision is to be notified to all carriers using these services.


25.3.2006   

EN

Official Journal of the European Union

C 73/3


Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 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, processing and marketing of agricultural products.

(2006/C 73/03)

Aid No: XA 65/05

Member State: Kingdom of Spain

Region: Autonomous Community of the Region of Murcia

Title of aid scheme or name of company receiving an individual aid.: Granting aid for 2005 in order to implement projects and carry out studies and audits on energy saving, efficiency and diversification

Legal basis: Orden de 28 de julio de 2005 de la Consejería de Industria y Medio Ambiente, de modificación de la Orden de 20 de enero de 2005, de la Consejería de Economía, Industria e Innovación, por la que se establecen las bases y la convocatoria para la concesión de ayudas para el año 2005 con destino a la ejecución de proyectos y realización de estudios y auditorias en materia de ahorro, eficiencia y diversificación energética

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: For firms: EUR 485 000

Maximum aid intensity: 40 % gross grant equivalent of eligible costs

Date of implementation: As soon as this Order is published in the Official Gazette of the Region of Murcia

Duration of aid scheme or individual aid: December 2005

Objective of aid:

To grant subsidies for 2005 to firms (SMEs) located in the region of Murcia, in order to implement projects and carry out studies and audits on energy saving, efficiency and diversification.

To award to the region's small and medium-sized enterprises active in the production, processing and marketing of agricultural products the aid for the 2005 financial year for implementing projects and carrying out studies and audits on energy saving, efficiency and diversification which is provided for in the Order of 20 January 2005 of the Regional Ministry of Economy, Industry and Innovation, as published in Official Gazette No 25 of 1 February 2005 of the Region of Murcia

The aid will meet the conditions laid down in Article 4 of Commission Regulation (EC) No 1/2004. Eligible costs covered by the scheme will be as follows:

Projects: The part of the investment corresponding to tangible assets (civil works, equipment, assembly and installations) owned by the beneficiary.

Feasibility studies and energy audits: The total amount of the investment made to carry out the study or audit, with the exception of VAT

Sector(s) concerned: Processing and marketing of agricultural products

Name and address of the granting authority:

Comunidad Autónoma de la Región de Murcia.

Consejería de Industria y Medio Ambiente

C/San Lorenzo, no 6

E-30071 Murcia

Web address: www.carm.es (Consejería de Industria y Medio Ambiente/ Ayudas y subvenciones:

http://www.carm.es/ceii/subv_detalle_ini.asp?S=TODOS)

Aid No: XA 69/05

Member State: Federal Republic of Germany

Title of aid scheme: Guidelines of the Federal Ministry of Consumer Protection, Food and Agriculture (BMVEL) on use of the Federal Government's special-purpose fund, held with the Landwirtschaftliche Rentenbank, subsection 2(2), Introduction onto the market and practical delivery

Legal basis: § 2 Abs. 1 des Gesetzes über das Zweckvermögen des Bundes bei der Landwirtschaftlichen Rentenbank vom 12. August 2005 (BGBl. I, S. 2363)

Annual expenditure planned under the scheme: EUR 5 million as a soft loan, of which EUR 1 million is covered by guarantee

Maximum aid intensity: 40 %.

Date of implementation: From the day following publication of the above guidelines in the Federal Gazette. The process of publication in the Federal Gazette has begun. Publication will take place no earlier than 10 working days after the Commission notifies the aid number

Duration of scheme:

Objective of aid: Support for SMEs to introduce innovations onto the market and deliver them in practice, by promoting investment in agriculture and horticulture (Articles 4 and 7 of Regulation (EC) No 1/2004)

Economic sector(s) concerned: Agriculture and horticulture

Name and address of the granting authority: Landwirtschaftliche Rentenbank, Hochstr. 2, 60313 Frankfurt am Main.

Internet address: http://www.rentenbank.de/d/Kredite/Richtlinie_Zweckvermoegen.pdf

Aid No: XA 70/05

Member State: Italy

Region: Lombardy

Title of aid scheme or name of company receiving an individual aid: Technical assistance to agricultural holdings to enable them to take advantage of the aids available under agricultural policies

Legal basis:

Legge regionale 7 febbraio 2000, n. 7, «Norme per gli interventi regionali in agricoltura» e, in particolare, i seguenti articoli:

art. 3, «Tavolo istituzionale per le politiche agricole regionali e Tavolo agricolo regionale»;

art. 10, «Assistenza tecnica alle aziende agricole, formazione e qualificazione professionale»;

Piano di Sviluppo Rurale della Regione Lombardia — Misura «n»;

Delibera di Giunta Regionale n. VIII/791 del 19 settembre 2005.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 775 000 for 2005

In subsequent years, expenditure will depend on the regional budget but will not exceed EUR 1 000 000 per year

Maximum aid intensity: In accordance with Article 14(3) of Regulation (EC) No 1/2004, the aid will not exceed EUR 100 000,00 per holding

The first payment of aid, expressed as grant equivalent, can be EUR 8,00 per agricultural holding

Date of implementation: From the date of fulfilment of the requirements of Article 3 of Regulation (EC) No 1/2004

Duration of scheme or individual aid award: Five years

Objective of aid: The purpose of the aid scheme is to provide information to farmers in Lombardy on the opportunities offered by the new Community programmes for the period 2007-13.

The technical assistance measures concerning the use of Community funding do not fully inform farmers of the new opportunities provided under Community and national aid schemes.

Adequate support must be provided to enable other qualified bodies, representing the agricultural sector, to provide technical assistance and information to supplement official measures, in terms of both quantity and quality, adapting them to the needs arising from the opening of the markets and the globalisation of the rural economy.

The management of the aid will be assigned, in accordance with the above regional legislation, to the most representative agricultural trade bodies in Lombardy, which must have a large membership spread throughout the region and a sufficiently extensive network of offices and must be adequately represented in the various agricultural and food sectors in the Region of Lombardy.

The managing bodies will be selected by means of an invitation to tender, which will stipulate the selection criteria and the procedure for granting technical assistance to agricultural SMEs.

In accordance with Community rules, the final beneficiaries of the assistance are agricultural SMEs as defined in Annex I to Regulation (EC) No 70/2001 operating in the Region of Lombardy.

This aid scheme is implemented under Article 14 of Regulation (EC) No 1/2004 to cover the cost of technical consultancy services

Sector(s) concerned: Small and medium-sized agricultural enterprises active in the production, processing and marketing of agricultural products

Name and address of the granting authority:

Regione Lombardia

Direzione Generale Agricoltura

Via Pola, 12/14

I-20124 Milano

Website: www.regione.lombardia.it

www.agricoltura.regione.lombardia.it

Aid No: XA 71/05

Member State: Latvia

Title of aid scheme or name of company receiving individual aid: Aid scheme: ‘Aid to promote initial recognition and start-up activities of new fruit and vegetable grower groups’

Legal basis: Ministru kabineta 2005. gada 25. janvāra noteikumi Nr. 70 “Noteikumi par valsts atbalstu lauksaimniecībai 2005. gadā un tā piešķiršanas kārtība” 7. pielikuma 4. nodaļa.

Annual expenditure planned or overall amount of individual aid granted to the company: The total amount of aid under the scheme for 2005 is LVL 26 000 (EUR 36 995)

Maximum aid intensity: Aid at a rate of 30 % of justified expenditure, i.e. rental of office premises, IT hardware and software, administrative staffing costs

Date of implementation: October 2005

Duration of scheme or individual aid award:

Objective of aid: The objective of the aid is to promote the creation and operation of fruit and vegetable grower groups

Sectors concerned: Aid is intended for small and medium-sized enterprises involved in agricultural activities.

Aid for the fruit and vegetable sectors.

Name and address of the granting authority:

Ministry of Agriculture of the Republic of Latvia

Riga, LV-1981

Web address: www.zm.gov.lv

Aid No: XA 72/05

Member State: Latvia

Title of aid scheme or name of company receiving individual aid: Aid scheme: ‘Aid for agricultural investments’

Legal basis: Ministru kabineta 2005. gada 25. janvāra noteikumi Nr. 70 “Noteikumi par valsts atbalstu lauksaimniecībai 2005. gadā un tā piešķiršanas kārtība” 13. pielikums.

Annual expenditure planned or overall amount of individual aid granted to the company: The total amount of aid under the scheme for 2005 is LVL 3 579 426 (EUR 5 093 064)

Maximum aid intensity: Aid is granted at a rate of 30 % of expenditure for the following measures: acquisition, reconstruction or renovation of buildings, or the acquisition of essential construction materials for facilities for the pre-processing and storage of grain, oleaginous crops and fibre crops (including the acquisition and installation of automated weighing equipment and the acquisition of laboratory equipment); construction of asphalt or concrete areas adjacent to pre-processing sites not exceeding LVL 20 per square metre; acquisition of flax harvesting machinery; reconstruction or renovation of manufacturing buildings and/or the acquisition of essential construction materials for livestock products (honey, milk); acquisition of dairy cow farming facilities. The total amount of aid granted may not exceed LVL 30 000 for each individual applicant, or LVL 100 000 for each accredited agricultural services cooperative. Expenditure figures used to calculate aid shall be determined in accordance with initial costs as stated on proof-of-purchase documents (not including VAT). Transport costs are not included in subsidy calculations

Date of implementation: October 2005

Duration of scheme or individual aid award:

Objective of aid: The objective of the aid is to support agricultural investments for the purposes of increasing the added value of production and improving the quality of agricultural production.

Sectors concerned: Aid is intended for small and medium-sized enterprises involved in agricultural activities.

Aid is intended for the livestock and crop-farming branches of the sector

Name and address of the granting authority:

Ministry of Agriculture

Riga. 04.10.2005.

Ministry of Agriculture of the Republic of Latvia

Riga, LV-1981

Web address: www.zm.gov.lv

Other information: The aid scheme XA 29/05 is repealed upon entry into force of this aid scheme.

Aid number: XA 73/05

Member State: United Kingdom

Region: North West England

Title of Aid scheme or name of company receiving an individual aid: Collaborative Advisory Service (North West England)

Legal Basis: Section 5 of the Regional Development Agencies Act 1998

Expenditure planned under the scheme: Total value of GBP 280 000 over 20 months. The funding is provided from three financial years listed below:

Maximum aid intensity: The aid intensity is 100 %

Date of implementation:

Duration of scheme or individual aid award: The scheme will close on 31 March 2007. Aid will continue to be paid until 30 June 2007

Objective of aid: Sectoral development. The scheme will provide an advice service for farmers, farmer controlled businesses (FCBs) and other collaborative ventures within the agricultural supply chain in the North West of England. The scheme will provide advice, to help improve farm business performance and efficiency through collaboration and supply chain efficiency.

The aid will be paid in line with Article 14 of Regulation (EC) No 1/2004 and the eligible costs will be consultancy services

Sector(s) concerned: The scheme is aimed primarily at businesses active in the production of agricultural products. However, some businesses in other parts of the wider agricultural supply chain (including processing and marketing) may also be eligible to take part. The scheme is open to businesses producing (or processing or marketing) any type of agricultural product

Name and address of the granting authority:

North West Regional Development Agency

PO Box 37

Renaissance House

Centre Park

Warrington

Cheshire WA1 1XB

United Kingdom

Web-Address: www.effp.org.uk/intradoc-cgi/idc_cgi_isapi.dll?IdcService=GET_DOC_PAGE&Action=GetTemplatePage&Page=EFFP_NORTH_WEST_PAGE. Click on Collaborative Advisory Service (North West England).

Alternatively, you can access information on this scheme via the UK's central web listing for exempted agricultural State aid schemes (www.defra.gov.uk/farm/state-aid/setup/exist-exempt.htm).

Other information: The scheme will be made available to all businesses active in the wider supply chain for agricultural products. Accordingly, some of the businesses might not be active in the production, processing or marketing of Annex 1 products (e.g., businesses which process Annex 1 into non-Annex 1 products). Aid to non-agricultural businesses will be paid with regard to Commission Regulation (EC) No 69/2001 on de minimis aid.

Beneficiaries will not be able to choose the service provider. The service provider will be English Farming and Food Partnerships who were selected by a tendering exercise on the basis of market principles in line with Article 14(5) of Regulation (EC) No 1/2004

Aid No: XA 74/2005

Member State: Italy

Region: Giunta Regionale della CAMPANIA — Assessorato all'Agricoltura ed Attività Produttive — Area Generale di Coordinamento Sviluppo Attività Settore Primario — Settore Interventi per la Produzione Agricola, Produzione Agro Alimentare, Mercati Agricoli, Consulenza Mercantile

Title of aid scheme: Incentives for small and medium-sized enterprises active in the production, processing and marketing of agricultural products to produce and use renewable energy sources and to improve energy efficiency in the agricultural sector

Legal basis:

art. 1, commi 3 e 4 del Decreto legislativo 30 aprile 1998, n. 173 (Gazzetta ufficiale n. 129 del 5.6.1998) che ha istituito un regime di aiuti per l'incentivazione dell'utilizzo di fonti rinnovabili di energia e di sistemi idonei a limitare l'inquinamento e l'impatto ambientale o comunque a ridurre i consumi energetici;

DM n. 401 dell'11.9.1999 (GU 260 del 5.11.1999), che ha emanato le norme di attuazione dell'art. 1, commi 3 e 4 del Decreto legislativo 30 aprile 1998 n. 173 per la concessione di aiuti a favore della produzione e utilizzazione di fonti energetiche rinnovabili nel settore agricolo;

Decisione della Commissione europea SG (99) D/981, del 9 novembre 1999, relativa al regime di aiuto n. 307/B/98, approvato in attuazione dell'articolo 1, commi 3 e 4, del decreto legislativo 30 aprile 1998, n. 173;

art. 4 del Regolamento (CE) n. 1/2004 della Commissione del 23 dicembre 2003 a favore delle piccole e medie imprese attive nel settore della produzione, trasformazione e commercializzazione dei prodotti agricoli (Gazzetta ufficiale L 1 del 3.1.2004)

Annual expenditure planned under the scheme: The planned budget is EUR 1 990 941,22, allocated by the Ministry of Agricultural and Forestry Policy to the Region of Campania by means of Ministerial Decree No 156409 of 8 November 2001 for the implementation of measures intended to achieve the objectives laid down in Article 1(3) and (4) of Legislative Decree No 173/98 and that comply with the implementation criteria laid down in Ministerial Decree No 401/99.

The maximum permitted expenditure on individual aid granted under this scheme will not exceed the sum laid down in Article 1(3) of Regulation (EC) No 1/2004 for holdings active in the production, processing and marketing of agricultural products

Maximum aid intensity: The gross aid intensity may not exceed 40 % of eligible costs or 50 % for enterprises in less-favoured areas as defined in Article 17 of Regulation (EC) No 1257/1999.

In the case of investments by young farmers within five years of setting up, the maximum aid intensity may be increased to 50 % or 60 % in less favoured areas. By ‘young farmer’ is meant producers of agricultural products as defined in Article 8 of Regulation (EC) No 1257/1999

Date of implementation: Implementation of the aid scheme will begin on the thirtieth day following its publication in the Official Journal of the Region of Campania (BURC) but not less than ten working days following the submission of this document, as provided for in Article 19(1) of Regulation (EC) No 1/2004

Duration of scheme or individual aid award: The scheme will be open until the budget has been used up, but not beyond the period of validity of Regulation (EC) No 1/2004

Objective of aid: The aid scheme is intended for single or associated small and medium-sized agricultural enterprises as defined in Regulation (EC) No 70/2001 that are economically viable on the basis of the criteria laid down in Regional Decree No 183 of 5 April 2005, issued on the basis of the coordinated text of the Programming Complement to the Regional Operational Programme (ROP) for the Region of Campania for the years 2000-06, approved by Regional Government Decree No 1855 of 22 October 2004, and the amendments made to that document by Regional Government Decree No 846/2005.

The purpose of the aid is to encourage investments in the production and use of renewable energy sources by the above agricultural enterprises where such investments (renewable energy sources and reduction of energy costs during production) are subsidiary to the main agricultural or food-processing activities and are exclusively intended to supply the holding's own energy needs.

The measure provides for incentives to use agricultural and forestry products and/or by-products thereof and processing waste, with the exception of domestic waste, for heat production for exclusive use on holdings and aid for measures to save energy and to reduce the use of fossil fuels in production on holdings by replacing them with renewable energy sources

Specific reference to Commission Regulation (EC) No 1/2004

The aid scheme is based on Article 4 of Commission Regulation (EC) No 1/2004 of 23 December 2003 concerning small and medium-sized enterprises active in the production, processing and marketing of agricultural products (Italian Official Journal No L 001 of 3 January 2004)

Eligible expenditure

The following expenditure is eligible

Sector(s) concerned: The aid scheme applies to agricultural and food production in the Region of Campania. The scheme covers all subsectors of livestock and plant production

Name and address of the granting authority:

Giunta Regionale della Campania

Assessorato all'Agricoltura ed Attività Produttive

Area Generale di Coordinamento Sviluppo Attività Settore Primario

Settore Interventi per la Produzione Agricola, Produzione Agro Alimentare, Mercati Agricoli, Consulenza Mercantile.

Centro Direzionale — Isola A/6

I-80143 Napoli

tel. (39-081) 796 74 25-4

fax: (39-081) 796 75 30.

Website: www.regione.campania.it

Aid No: XA 75/2005

Member State: Netherlands

Region: Province of Overijssel

Title of aid scheme or name of company receiving an individual aid: Implementing Decree on Grants in Overijssel in 2005, paragraph 4.2 ‘Development of agriculture with good future prospects’

Legal basis: Algemene Wet Bestuursrecht; Algemene Subsidieverordening Overijssel 2005

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 721 000 per year

Maximum aid intensity:

For investment in agricultural holdings: 40 %, with a maximum of EUR 100 000,00 per investment, whereby the investment must be directed at one or more of the following objectives:

(a)

reducing production costs;

(b)

improving and converting production;

(c)

improving quality;

(d)

maintaining and improving the natural environment, hygiene conditions and animal-welfare standards;

(e)

promoting diversification of agricultural activities.

For technical support for agricultural holdings, the aid amounts to the maximum of 80 % of eligible costs, with a ceiling of EUR 100 000 per final beneficiary per three-year period

Date of implementation: The Implementing Decree on Grants in Overijssel in 2005 enters into force on 1 October 2005

Duration of scheme or individual aid award: As it currently stands, the Section of the Implementing Decree on Grants in Overijssel in 2005 concerning ‘Development of agriculture with good future prospects’ will apply until 31 December 2006.

Objective of aid: The objective of granting aid on the basis of the Section of the Implementing Decree on Grants in Overijssel concerning ‘Development of agriculture with good future prospects’ is to:

improve the spatial structure of soil-based agriculture;

improve and reinforce the economic base of agriculture by promoting future-oriented enterprise and innovation.

In order to achieve this objective, grants can be awarded for:

For this purpose, the following articles of Commission Regulation (EC) No 1/2004 are being applied:

Article 4: investment in agricultural holdings;

Article 14: technical support in the agricultural sector

Sector(s) concerned: The Section of the Implementing Decree on Grants in Overijssel in 2005 concerning ‘Development of agriculture with good future prospects’ applies to agri-clusters (production, processing and marketing) in soil-based livestock farming (cattle, herbivores, goats, sheep), intensive livestock farming (poultry, pigs and calves), arable farming, open-air horticulture and horticulture under glass

Name and address of the granting authority: Gedeputeerde Staten van Overijssel

Website: www.prv-overijssel.nl

Aid No: XA 76/05

Member State: Latvia

Title of aid scheme or name of company receiving individual aid: Aid scheme: ‘Aid for the reconstruction of land drainage systems’

Legal basis: Ministru kabineta 2005. gada 25. janvāra noteikumi Nr. 70 “Noteikumi par valsts atbalstu lauksaimniecībai 2005. gadā un tā piešķiršanas kārtība” 7. pielikuma 1. nodaļa.

Annual expenditure planned or overall amount of individual aid granted to the company: The total amount of aid under the scheme for 2005 is LVL 500 000

Maximum aid intensity: Aid is intended for the reconstruction of land drainage systems: renewal of drainage channels, replacement of drain systems with drainage ditches, installation of additional drainage branches. Subject to the provision of aid at a rate of 40 % of the costs of construction work on drainage systems. The amount of aid is increased by 10 % if a holding is located in a less-favoured area, as defined in the Regulation on rural development, and by 5 % for applicants up to the age 40 years.

Date of implementation:

Duration of scheme or individual aid award:

Objective of Aid: To improve the humidity of soil.

Sectors concerned: Aid is intended for small and medium-sized enterprises involved in agricultural activities

Name and address of the granting authority:

Ms L. Straujuma State Secretary Ministry of Agriculture

Riga. 8.9.2005.

Ministry of Agriculture of the Republic of Latvia

Riga, LV-1981

Website: www.zm.gov.lv


25.3.2006   

EN

Official Journal of the European Union

C 73/9


Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 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, processing and marketing of agricultural products

(2006/C 73/04)

Aid No: XA 77/2005

Member State: Italy.

Region: Piedmont.

Title of aid scheme or name of company receiving an individual aid: Aid for investments in technological innovation and environmental protection, for modernising organisation and marketing and for improving safety at work

Legal basis: Deliberazione della Giunta Regionale n. 17-881 del 26 settembre 2005 (B.U.R.P n. 39, Supplemento, del 29 settembre 2005) «Funzioni delegate alla Regione in materia di incentivi alle imprese. Prescrizioni per l'accesso agli incentivi di cui alla L. 28.11.1965 n. 1329 ed all'art. 11 comma 2 lett. b) L. 27.10.1994 n. 598 e s.m.i.» modificativa della L. 598/84-art. 11 e s.m.i già approvata dalla Commissione con Lettera D/53877 del 17 luglio 2000 — Aiuto N/487/95

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 25 million

Maximum aid intensity: Interest subsidy.

Funding may cover up to 100 % of an investment programme for a period of up to seven years, including a grace period of no more than two years.

The rate of contribution is 100 % of the reference rate, laid down and updated by decree of the Minister of Industry, Commerce and Craft Trades (as provided for in Article 2(2) of Legislative Decree No 123/98), applicable on the date the financing contract is concluded, in accordance with the aid intensities permitted under EU rules

Date of implementation: 27 September 2005: the first grant of aid will not be made until the Commission has notified an identification number after receiving the summary information

Duration of scheme or individual aid award: To 31 December 2006

Objective of aid: Articles 4 and 7 of Regulation (EC) No 1/2004. Permitted type of investments and expenditure: aid for investments in technological innovation and environmental protection, for modernising organisation and marketing and for improving safety at work in accordance with Articles 4 and 7 of Regulation (EC) No 1/2004

Sector(s) concerned: The scheme covers small and medium-sized enterprises active in the processing and marketing of agricultural products listed in Annex I to the EC Treaty

Name and address of the granting authority:

Regione Piemonte

Assessorato all'Industria, Lavoro e Bilancio

Direzione Industria

Via Pisano, 6

I-10152 Torino

Tel. (39-011) 432 14 61

Fax (39-011) 432 34 83

e-mail: direzione16@regione.piemonte.it.

Website: www.regione.piemonte.it/industria/index.htm

Other information: The annual expenditure referred to above is the total expenditure under both of the laws referred to under ‘Legal basis’ and under the scheme with the same legal basis covering SMEs not falling within the scope of Regulation (EC) No 1/2004 but falling within that of Regulation (EC) No 70/2001

Aid No: XA 78/2005

Member State: Netherlands

Region: Zeeuws-Vlaanderen (province of Zeeland)

Title of aid scheme or name of company receiving an individual aid: Flax processing undertaking P.A. van Looij en Zn. B.V., Sint-Jansteen

Legal basis: Europees Fonds voor Regionale Ontwikkeling (EFRO), programma Doelstelling 5B-phasing out voor de regio Zeeuwsch-Vlaanderen (7,5 % subsidie), alsmede provinciale co-financiering Vitaal Platteland Zeeland (eveneens 7,5 %)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The total grant amounts to EUR 33 525

Maximum aid intensity: In accordance with EU standards (programme complement under SPD Objective 5b phasing out programme), the maximum aid amounts to 15 %. This corresponds to the actual percentage of aid granted to P.A. van Looij en Zn. B.V., i.e. 15 %

Date of implementation: The aid will be definitively granted and implemented ten days after the present summary information is sent (anticipated in December 2005)

Duration of scheme or individual aid award: The entire amount of the individual aid will be paid in a single instalment

Objective of aid: Aid for investment in an agricultural holding (Article 4). By means of the aid, an amount is granted for investment in innovative equipment so that the agricultural holding may be operated in a more environmentally-friendly manner. There is no question of an increase in production or of investment aid limited to specific agricultural products

Sector(s): Processing of flax

Name and address of the granting authority:

Provincie Zeeland

Postbus 153

4330 AD Middelburg

Nederland

Person to contact: V.B. van Dijk, programma-manager Doelstelling 5B phasing out Zeeuwsch-Vlaanderen (programme manager for SPD Objective 5b phasing out programme for Zeeuwsch-Vlaanderen

Website: www.zeeland.nl

Aid No: XA 79/2005

Member State: Netherlands

Region: Zeeuws-Vlaanderen (province of Zeeland).

Title of aid scheme or name of company receiving an individual aid: Flax processing undertaking J. van Gremberghe & Zn, Koewacht

Legal basis: Europees Fonds voor Regionale Ontwikkeling (EFRO), programma Doelstelling 5B-phasing out voor de regio Zeeuwsch-Vlaanderen (7,5 % subsidie), alsmede provinciale co-financiering Vitaal Platteland Zeeland (eveneens 7,5 %)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The total grant amounts to EUR 27 000

Maximum aid intensity: In accordance with EU standards (programme complement under SPD Objective 5b phasing out programme), the maximum aid amounts to 15 %. This corresponds to the actual percentage of aid granted to J. van Gremberghe & Zn., i.e. 15 %

Date of implementation: The aid will be definitively granted and implemented ten days after the present summary information is sent (anticipated in December 2005)

Duration of scheme or individual aid award: The entire amount of the individual aid will be paid in a single instalment.

Objective of aid: Aid for investment in an agricultural holding (Article 4). By means of the aid, an amount is granted for investment in innovative equipment so that the agricultural holding may be operated in a more environmentally-friendly manner. There is no question of an increase in production or of investment aid limited to specific agricultural products

Sector(s) concerned: Processing of flax

Name and address of the granting authority:

Provincie Zeeland

Postbus 153

4330 AD Middelburg

Nederland

Person to contact: V.B. van Dijk, programma-manager Doelstelling 5B phasing out Zeeuwsch-Vlaanderen (programme manager for SPD Objective 5b phasing out programme for Zeeuwsch-Vlaanderen)

Website: www.zeeland.nl

Aid No: XA 80/05

Member State: France

Region: Provence-Alpes-Côte d'Azur

Title of aid scheme: Investment aid for the construction of agricultural storage sheds for CUMAs (cooperatives for the use of agricultural equipment)

Legal basis:

Article 4 du règlement (CE) no 1/2004 de la Commission européenne susvisé

Articles L 1511-1 et suivants du code général des collectivités territoriales

Délibération no 05-110 du 24/06/2005 du Conseil régional de la région PACA

Annual expenditure planned under the scheme: EUR 200 000

Maximum aid intensity: The aid will take the form of a grant at a rate of 20 % of the eligible investments, exclusive of tax, up to a ceiling of EUR 40 000 of eligible expenditure. It is intended for CUMAs

Date of implementation: From the time of registration and acknowledgement of receipt by the Commission

Duration of scheme: Until 31 December 2006.

Objective of aid: This measure, which falls within the scope of Article 4 of Regulation (EC) No 1/2004 of 23 December 2003, is aimed at encouraging investment in premises facilitating the maintenance and safe storage of CUMA equipment, and is to benefit of all members of such CUMAs

The aid will make it possible to cover part of the cost of CUMA investments in the construction of agricultural storage sheds (in chipboard, wood or sheet metal: walls and roof structure) and the requisite connections (electricity, water, drainage). The aim is to encourage the storage of equipment within CUMAs.

Sectors concerned: The agricultural production sector and, more specifically, cooperatives for the use of agricultural equipment. CUMAs group together agricultural holdings.

Aid may be applied for only by CUMAs which own the site of the future storage sheds or are holders of a long-term lease of 25 years' duration, if the site belongs to an authority, or 50 years' duration, if the site belongs to a private individual. CUMAs must comprise at least four members if the long-term lease is concluded with a local authority and at least six members if the long-term lease is concluded with an individual

Name and address of the granting authority:

Monsieur le Président du Conseil régional de la région PACA

Hôtel de région

27, place Jules Guesde

13481 Marseille

Cedex 20

Address of website: www.cr-paca.fr

Aid No: XA 81/05

Member State: Spain

Region: Principality of Asturias

Title of aid scheme or name of company receiving an individual aid: ‘Aid for implementing innovation projects’. [‘Ayudas a la realización de proyectos de innovación’.]

Legal basis: Resolución del Presidente del Instituto de Desarrollo Económico del Principado de Asturias, por la que se establecen ayudas a empresas en el marco del programa INNOVA EMPRESAS

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 3 000 100, over the period 2005 to 2007 (planned annual expenditure for 2005: EUR 1 000 000) (planned annual expenditure for 2006: EUR 1 000 050) (planned annual expenditure for 2007: EUR 1 000 050)

Maximum aid intensity: EUR 100 000 per beneficiary over a period of 3 years

Date of implementation: From the official date of publication of the aid scheme

Duration of scheme or individual aid award:

Objective of aid: The purpose of the aid is to encourage SMEs to carry out innovation projects, with the aim of contributing to improvements in the firm's competitiveness, under Article 14 of the current Regulation. The subcontracting of outside expertise to carry out the project will be regarded as eligible expenditure

Sector(s) concerned: Sectors relating to the processing of products listed in Annex I to the Treaty, except fishery and aquaculture products

Name and address of the granting authority:

Instituto de Desarrollo Económico del Principado de Asturias Parque Tecnológico de Asturias

E-33412-Llanera, Asturias

Web address: www.idepa.es

No of the aid: XA 83/2005

Member State: Netherlands

Name of organisation receiving the aid: Central Food Trade Office (CBL), the trade association for Dutch supermarkets

Legal basis: Subsidiebeschikking op basis van de Kaderwet LNV-subsidies

Annual expenditure planned on the basis of the aid granted to the association: 2005: maximum EUR 100 000

2006: maximum EUR 100 000

2007: maximum EUR 100 000

Maximum aid intensity: 50 %

Date of implementation: End of 2005

Duration of scheme: 3 years

Objective of aid: to raise livestock and arable farmers' awareness of supermarkets' supply criteria (i.e. EurepGAP), partly in connection with the new legislation on foodstuff hygiene (the ‘hygiene package’) and other quality (guarantee) systems, such as Integrated Chain Management (ICM) for meat and those of the dairy industry and British Retail Consortium (BRC).

The project is compatible with the common market and with the exemption provided for in Article 14 of Regulation (EC) No 1/2004 (technical support in the agricultural sector), and includes information and training for farmers

Sector(s) concerned: primary producers (farmers), processors of agricultural products, traders and supermarkets

Name and address of the granting authority:

Ministerie van Landbouw, Natuur en Voedselkwaliteit

Postbus 20401

2500 EK Den Haag

Nederland

Website: www.minlnv.nl/loket.

Supplementary information: The primary target group comprises the 50 000 or so stock and arable farmers in the Netherlands


25.3.2006   

EN

Official Journal of the European Union

C 73/12


Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 of 12 October 1992, on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

(2006/C 73/05)

Binding Tariff Information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:

Amendments to the Harmonized System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC0892, NC0938 — reports of the 34th and 35th Sessions of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANIZATION

(34th SESSION OF THE HSC IN SEPTEMBER 2004, 35th SESSION OF THE HSC IN MARCH 2005)

DOC. NC0892, NC0938

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention

HSC/35 — March 2005

0210.9

O/25

15.16

O/5

15.17

O/5

15.18

O/5

29.36

O/16

29.41

O/6

Chapter 29: List III, Precursors

O/8

34.07

O/4

42.02

O/11

73.04

O/23

73.12

O/12

83.06

O/13

84.24

O/9

84.79

O/9

85.24

O/24

Section XVII: General

O/12

95.07

O/13

96.03

O/22

Classification Opinions approved by the HS Committee

HSC/34 — September 2004

8471.80/7

IJ/10

8471.80/8

IJ/10

8525.30/1

IJ/10

HSC/35 — March 2005

2106.90/24

O/15

3926.90/9

O/17

3926.90/10

O/17

4418.30/3

O/18

4418.30/4

O/18

4418.30/5

O/18

6405.20/1

O/19

8533.29/1

O/20

9503.90/3

O/14

9503.90/4

O/14

9504.90/1

O/21

Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, B-1049 Brussels) or can be downloaded from the internet site of this Directorate-General:

http://europa.eu.int/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/index_en.htm


25.3.2006   

EN

Official Journal of the European Union

C 73/14


ADMINISTRATIVE AGREEMENT

BETWEEN THE EUROPEAN COMMISSION AND THE KINGDOM OF SPAIN

(2006/C 73/06)

The European Commission, of the one part, and the Kingdom of Spain, of the other part,

Having regard to the conclusions adopted by the ‘General affairs and external relations’ Council of the European Union, meeting on 13 June 2005, with regard to the official use of additional languages in the Council and, where appropriate, in other institutions and bodies of the European Union,

Whereas:

(1)

The efforts made to bring the Union closer to its citizens require that, as far as possible, both they and their representatives are able to communicate with the institutions in their mother tongue, which is an important factor in strengthening their identification with the Union's political project.

(2)

In the Union there are languages other than those referred to in Council Regulation No 1/1958 whose status is recognised by the Constitution of a Member State in the whole or a part of its territory or whose use as a national language is authorised by law,

AGREE to conclude this ADMINISTRATIVE AGREEMENT to allow the official use in the European Union of, in addition to Spanish or Castilian, the other languages which in Spain enjoy a status recognised by the Spanish Constitution of 1978.

Article 1

Spanish citizens, or any other natural or legal person residing or established in Spain, shall be entitled, under the terms of Spanish law and in accordance with the conclusions of the Council of 13 June 2005, to address their written communications to the European Commission in any of the languages which, under the Spanish Constitution, have official status within Spanish territory.

1.1.

When the language used is not Spanish/Castilian, this option shall be exercised by means of the following procedure:

The citizen shall address his written communication to the competent body designated by Spanish law, which will send it to the European Commission together with a certified translation into Spanish/Castilian done by that body.

The date of receipt of the communication, particularly in cases where the Commission has a time limit for sending a reply to the citizen, shall be that on which the Commission receives the certified translation from the said body.

The European Commission shall draft its reply in Spanish/Castilian and send it to the abovementioned competent body.

This body shall send to the person concerned, as soon as possible, the Commission's reply together with its certified translation into the language of the original document.

If the competent departments of the Commission decide to reply in the language of the original document, they may do so and send their reply directly to the person concerned.

The Commission shall not be held liable for any errors of translation into a language other than Spanish/Castilian or for any misinterpretation of the reply as a result of such errors. This condition shall be stated explicitly in the text of the translations.

1.2.

Unless the Commission's departments are able and willing to do the translation themselves, the Commission shall return to the sender any communications that it receives in languages other than Spanish/Castilian which in Spain enjoy a status officially recognised by the Spanish Constitution of 1978 and that are not accompanied by a certified translation into Spanish/Castilian.

In such cases, the Commission shall inform the person concerned that the exercise of his right to address this institution and to obtain a reply in the language of his choice must be done by sending the communication in the said language to the body designated for this purpose by Spanish law.

1.3.

When the citizen who is the author of the communication has a time limit for acting on the Commission's reply and notwithstanding the provisions of Article 1.1., the Commission shall send its reply in Spanish/Castilian directly to the citizen at the same time as to the competent body. In its reply, the Commission shall remind the citizen that the time limit for acting on the reply will start from the date of receipt of the reply in Spanish/Castilian. The Commission shall send a copy of its reply to the competent body so that the latter can provide the citizen with a translation thereof in the language of the communication; in its reply, the Commission shall also draw the citizen's attention to this fact. The Commission shall not under any circumstances be held liable for these translations. This condition shall be stated explicitly in the text of the translations.

1.4.

If the Commission has to reply within a given period, this shall begin from receipt of the original document accompanied by a certified translation into Spanish/Castilian. This period shall end once the Commission has sent its written reply in Spanish/Castilian to the competent body designated by Spanish law or from the time when the Commission sends directly to the person concerned its reply in the language of the original document.

1.5.

The parties to this administrative agreement undertake to adopt the necessary measures to maintain at all times the confidentiality of the communications referred to herein, particularly as regards the translation done by the competent body designated by Spanish law.

Article 2

The Spanish Government shall bear the European Commission's direct or indirect costs arising from the application of this administrative agreement.

Once a year, the competent departments of the Commission shall apply to the Spanish authorities for reimbursement of the expenditure incurred, calculated as a lump sum, on the basis of the number of pages translated by them in accordance with the procedure provided for in this agreement.

Final provision

This agreement shall enter into force once the Spanish Government has notified the Secretariat-General of the Commission of the bodies designated by Spanish law as the competent bodies for making the translations referred to in Article 1.

Brussels, 21 December 2005.

The Commission of the European Communities and the Kingdom of Spain

Carlos BASTARRECHE

Ambassador

Permanent Representative

Catherine DAY

Secretary-General


25.3.2006   

EN

Official Journal of the European Union

C 73/16


Information procedure — Technical rules

(2006/C 73/07)

(Text with EEA relevance)

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services. (OJ L 204, 21.7.1998, p. 37; OJ L 217, 5.8.1998, p.18).

Notifications of draft national technical rules received by the Commission

Reference (1)

Title

End of three-month standstill period (2)

2006/0116/GR

Bill — Production and distribution of bakery products and related provisions

29.5.2006

2006/0117/PL

Draft Minister of Transport and Construction Regulation specifying the technical inspection requirements for transport container filling and discharge equipment

2.6.2006

2006/0118/S

Draft Act amending the Act (2001:1080) on vehicle exhaust gas cleaning and engine fuels

 (4)

2006/0119/S

Draft Act amending the Road Tax Act (2006:1000)

 (4)

2006/0120/S

Draft Act amending the Act (2006:000) containing special provisions on vehicle tax

 (4)

The Commission draws attention to the judgement delivered on 30 April 1996 in the ‘CIA Security’ case (C-194/94 — ECR I, p. 2201), in which the Court of Justice ruled that Articles 8 and 9 of Directive 98/34/EC (formerly 83/189/EEC) are to be interpreted as meaning that individuals may rely on them before national courts which must decline to apply a national technical regulation which has not been notified in accordance with the Directive.

This judgement confirms the Commission's communication of 1 October 1986 (OJ C 245, 1.10.1986, p. 4).

Accordingly, breach of the obligation to notify renders the technical regulations concerned inapplicable, and consequently unenforceable against individuals.

For more information on the notification procedure, please write to:

European Commission

DG Enterprise and Industry, Unit C3

B-1049 Brussels

e-mail: Dir83-189-Central@cec.eu.int

Also consult the website: http://europa.eu.int/comm/enterprise/tris/

If you require any further information on these notifications, please contact the national departments listed below:

LIST OF NATIONAL DEPARTMENTS RESPONSIBLE FOR THE MANAGEMENT OF DIRECTIVE 98/34/EC

BELGIUM

BELNotif

Qualité et Sécurité

SPF Economie, PME, Classes moyennes et Energie

NG III — 4ème étage

boulevard du Roi Albert II/16

B-1000 Bruxelles

Ms Pascaline Descamps

Tel.: (32) 22 778 003

Fax: (32) 22 775 401

E-mail: pascaline.descamps@mineco.fgov.be

paolo.caruso@mineco.fgov.be

General e-mail: belnotif@mineco.fgov.be

Website: http://www.mineco.fgov.be

CZECH REPUBLIC

Czech Office for Standards, Metrology and Testing

Gorazdova 24

P.O. BOX 49

CZ-128 01 Praha 2

Mr Miroslav Chloupek

Director of International Relations Department

Tel.: (420) 224 907 123

Fax: (420) 224 914 990

E-mail: chloupek@unmz.cz

Ms Lucie Růžičková

Tel.: (420) 224 907 139

Fax: (420) 224 907 122

E-mail: ruzickova@unmz.cz

General e-mail: eu9834@unmz.cz

Website: http://www.unmz.cz

DENMARK

Erhvervs- og Byggestyrelsen

(National Agency for Enterprise and Construction)

Dahlerups Pakhus

Langelinie Allé 17

DK-2100 København Ø (or DK-2100 Copenhagen OE)

Mr Bjarne Bang Christensen

Legal adviser

Tel.: (45) 35 46 63 66 (direct)

E-mail: bbc@ebst.dk

Ms Birgit Jensen

Principal Executive Officer

Tel.: (45) 35 46 62 87 (direct)

Fax: (45) 35 46 62 03

E-mail: bij@ebst.dk

Common mailbox for notification messages — noti@ebst.dk

Website: http://www.ebst.dk/Notifikationer

GERMANY

Bundesministerium für Wirtschaft und Technologie

Referat XA2

Scharnhorststr. 34 — 37

D-10115 Berlin

Ms Christina Jäckel

Tel.: (49) 30 20 14 63 53

Fax: (49) 30 20 14 53 79

E-mail: infonorm@bmwa.bund.de

Website: http://www.bmwa.bund.de

ESTONIA

Ministry of Economic Affairs and Communications

Harju str. 11

EE-15072 Tallinn

Mr Karl Stern

Executive Officer of Trade Policy Division

EU and International Co-operation Department

Tel.: (372) 6 256 405

Fax: (372) 6 313 029

E-mail: karl.stern@mkm.ee

General e-mail: el.teavitamine@mkm.ee

Website: http://www.mkm.ee

GREECE

Ministry of Development

General Secretariat of Industry

Mesogeion 119

GR-101 92 Athens

Tel.: (30) 2 106 969 863

Fax: (30) 2 106 969 106

ELOT

Acharnon 313

GR-111 45 Athens

Ms Evangelia Alexandri

Tel.: (30) 2 102 120 301

Fax: (30) 2 102 286 219

E-mail: alex@elot.gr

General e-mail: 83189in@elot.gr

Website: http://www.elot.gr

SPAIN

S.G. de Asuntos Industriales, Energéticos, de Transportes y Comunicaciones y de Medio Ambiente

D.G. de Coordinación del Mercado Interior y otras PPCC

Secretaría de Estado para la Unión Europea

Ministerio de Asuntos Exteriores y de Cooperación

Torres ‘Ágora’

C/ Serrano Galvache, 26-4a

E-20033 Madrid

Mr Angel Silván Torregrosa

Tel.: (34) 913 798 332

Ms Esther Pérez Peláez

Technical Advisor

E-mail: esther.perez@ue.mae.es

Tel.: (34) 913 798 464

Fax: (34) 913 798 401

General e-mail: d83-189@ue.mae.es

FRANCE

Délégation interministérielle aux normes

Direction générale de l'Industrie, des Technologies de l'information et des Postes (DiGITIP)

Service des politiques d'innovation et de compétitivité (SPIC)

Sous-direction de la normalisation, de la qualité et de la propriété industrielle (SQUALPI)

DiGITIP 5

12, rue Villiot

F-75572 Paris Cedex 12

Ms Suzanne Piau

Tel.: (33) 1 53 44 97 04

Fax: (33) 1 53 44 98 88

E-mail: suzanne.piau@industrie.gouv.fr

Ms Françoise Ouvrard

Tel.: (33) 1 53 44 97 05

Fax: (33) 1 53 44 98 88

E-mail: francoise.ouvrard@industrie.gouv.fr

General e-mail: d9834.france@industrie.gouv.fr

IRELAND

NSAI

Glasnevin

Dublin 9

Ireland

Mr Tony Losty

Tel.: (353) 18 073 880

Fax: (353) 18 073 838

E-mail: tony.losty@nsai.ie

Website: http://www.nsai.ie

ITALY

Ministero delle attività produttive

Direzione Generale per lo sviluppo produttivo e la competitività

Ufficio F1 — Ispettorato tecnico dell'industria

Via Molise 2

I-00187 Roma

Mr Vincenzo Correggia

Tel.: (39) 06 47 05 22 05

Fax: (39) 06 47 88 78 05

E-mail: vincenzo.correggia@attivitaproduttive.gov.it

Mr Enrico Castiglioni

Tel.: (39) 06 47 05 26 69

Fax: (39) 06 47 88 78 05

E-mail: enrico.castiglioni@attivitaproduttive.gov.it

General e-mail: ucn98.34.italia@attivitaproduttive.gov.it

Website: http://www.minindustria.it

CYPRUS

Cyprus Organization for the Promotion of Quality

Ministry of Commerce, Industry and Tourism

13-15, A. Araouzou street

CY-1421 Nicosia

Tel.: (357) 22 40 93 10

Fax: (357) 22 75 41 03

Mr Antonis Ioannou

Tel.: (357) 22 40 94 09

Fax: (357) 22 75 41 03

E-mail: aioannou@cys.mcit.gov.cy

General e-mail: dir9834@cys.mcit.gov.cy

Website: http://www.cys.mcit.gov.cy

LATVIA

Ministry of Economics of Republic of Latvia

Trade Normative and SOLVIT Notification Division

SOLVIT Coordination Centre

55, Brīvības Street

LV-1519 Riga

Reinis Berzins

Deputy Head of Trade Normative and SOLVIT Notification Division

Tel.: (371) 701 32 30

Fax: (371) 728 08 82

Zanda Liekna

Senior Officer of Division of EU Internal Market Coordination

Tel.: (371) 701 32 36

Tel.: (371) 701 30 67

Fax: (371) 728 08 82

E-mail: zanda.liekna@em.gov.lv

General e-mail: notification@em.gov.lv

LITHUANIA

Lithuanian Standards Board

T. Kosciuskos g. 30

LT-01100 Vilnius

Ms Daiva Lesickiene

Tel.: (370) 5 270 93 47

Fax: (370) 5 270 93 67

E-mail: dir9834@lsd.lt

Website: http://www.lsd.lt

LUXEMBURG

SEE — Service de l'Energie de l'Etat

34, avenue de la Porte-Neuve B.P. 10

L-2010 Luxembourg

Mr J.P. Hoffmann

Tel.: (352) 46 97 46 1

Fax: (352) 22 25 24

E-mail: see.direction@eg.etat.lu

Website: http://www.see.lu

HUNGARY

Hungarian Notification Centre —

Ministry of Economy and Transport

Industrial Department

Budapest

Honvéd u. 13-15.

H-1880

Mr Zsolt Fazekas

Leading Councillor

E-mail: fazekas.zsolt@gkm.gov.hu

Tel.: (36) 13 742 873

Fax: (36) 14 731 622

E-mail: notification@gkm.gov.hu

Website: http://www.gkm.hu/dokk/main/gkm

MALTA

Malta Standards Authority

Level 2

Evans Building

Merchants Street

VLT 03

MT-Valletta

Tel.: (356) 21 24 24 20

Tel.: (356) 21 24 32 82

Fax: (356) 21 24 24 06

Ms Lorna Cachia

E-mail: lorna.cachia@msa.org.mt

General e-mail: notification@msa.org.mt

Website: http://www.msa.org.mt

NETHERLANDS

Ministerie van Financiën

Belastingsdienst/Douane Noord

Team bijzondere klantbehandeling

Centrale Dienst voor In-en uitvoer

Engelse Kamp 2

Postbus 30003

9700 RD Groningen

Nederland

Mr Ebel van der Heide

Tel.: (31) 50 5 23 21 34

Ms Hennie Boekema

Tel.: (31) 50 5 23 21 35

Ms Tineke Elzer

Tel.: (31) 50 5 23 21 33

Fax: (31) 50 5 23 21 59

General e-mail:

Enquiry.Point@tiscali-business.nl

Enquiry.Point2@tiscali-business.nl

AUSTRIA

Bundesministerium für Wirtschaft und Arbeit

Abteilung C2/1

Stubenring 1

A-1010 Wien

Ms Brigitte Wikgolm

Tel.: (43) 1 711 005 896

Fax: (43) 17 159 651 or (43) 17 120 680

E-mail: not9834@bmwa.gv.at

Website: http://www.bmwa.gv.at

POLAND

Ministry of Economy and Labour

Department for European and Multilateral Relations

Plac Trzech Krzyży 3/5

PL-00-507 Warszawa

Ms Barbara Nieciak

Tel.: (48) 226 935 407

Fax: (48) 226 934 028

E-mail: barnie@mg.gov.pl

Ms Agata Gągor

Tel.: (48) 226 935 690

General e-mail: notyfikacja@mg.gov.pl

PORTUGAL

Instituto Portugês da Qualidade

Rua Antonio Gião, 2

P-2829-513 Caparica

Ms Cândida Pires

Tel.: (351) 212 948 236 or 81 00

Fax: (351) 212 948 223

E-mail: c.pires@mail.ipq.pt

General e-mail: not9834@mail.ipq.pt

Website: http://www.ipq.pt

SLOVENIA

SIST — Slovenian Institute for Standardization

Contact point for 98/34/EC and WTO-TBT Enquiry Point

Šmartinska 140

SLO-1000 Ljubljana

Ms Vesna Stražišar

Tel.: (386) 14 783 041

Fax: (386) 14 783 098

E-mail: contact@sist.si

SLOVAKIA

Ms Kvetoslava Steinlova

Director of the Department of European Integration,

Office of Standards, Metrology and Testing of the Slovak Republic

Stefanovicova 3

SK-814 39 Bratislava

Tel.: (421) 2 52 49 35 21

Fax: (421) 2 52 49 10 50

E-mail: steinlova@normoff.gov.sk

FINLAND

Kauppa- ja teollisuusministeriö

(Ministry of Trade and Industry)

Visitor address:

Aleksanterinkatu 4

FIN-00171 Helsinki

and

Katakatu 3

FIN-00120 Helsinki

Postal address:

PO Box 32

FIN-00023 Government

Ms Leila Orava

Tel.: (358) 9 1606 46 86

Fax: (358) 9 1606 46 22

E-mail: leila.orava@ktm.fi

Ms Katri Amper

Tel.: (358) 9 1606 46 48

General e-mail: maaraykset.tekniset@ktm.fi

Website: http://www.ktm.fi

SWEDEN

Kommerskollegium

(National Board of Trade)

Box 6803

Drottninggatan 89

S–113 86 Stockholm

Ms Kerstin Carlsson

Tel.: (46) 86 90 48 82 or (46) 86 90 48 00

Fax: (46) 86 904 840 or (46) 8 306 759

E-mail: kerstin.carlsson@kommers.se

General e-mail: 9834@kommers.se

Website: http://www.kommers.se

UNITED KINGDOM

Department of Trade and Industry

Standards and Technical Regulations Directorate 2

151 Buckingham Palace Road

London SW1 W 9SS

United Kingdom

Mr Philip Plumb

Tel.: (44) 2072151488

Fax: (44) 2072151529

E-mail: philip.plumb@dti.gsi.gov.uk

General e-mail: 9834@dti.gsi.gov.uk

Website: http://www.dti.gov.uk/strd

EFTA — ESA

EFTA Surveillance Authority

Rue Belliard 35

B-1040 Bruxelles

Ms Adinda Batsleer

Tel.: (32) 22 861 861

Fax: (32) 22 861 800

E-mail: aba@eftasurv.int

Ms Tuija Ristiluoma

Tel.: (32) 22 861 871

Fax: (32) 22 861 800

E-mail: tri@eftasurv.int

General e-mail: DRAFTTECHREGESA@eftasurv.int

Website: http://www.eftasurv.int

EFTA

Goods Unit

EFTA Secretariat

Rue Joseph II 12-16

B-1000 Bruxelles

Ms Kathleen Byrne

Tel.: (32) 22 861 749

Fax: (32) 22 861 742

E-mail: kathleen.byrne@efta.int

General e-mail: DRAFTTECHREGEFTA@efta.int

Website: http://www.efta.int

TURKEY

Undersecretariat of Foreign Trade

General Directorate of Standardisation for Foreign Trade

Inönü Bulvari no 36

06510

Emek — Ankara

Mr Mehmet Comert

Tel.: (90) 3 122 125 898

Fax: (90) 3 122 128 768

E-mail: comertm@dtm.gov.tr

Website: http://www.dtm.gov.tr


(1)  Year — registration number — Member State of origin.

(2)  Period during which the draft may not be adopted.

(3)  No standstill period since the Commission accepts the grounds of urgent adoption invoked by the notifying Member State.

(4)  No standstill period since the measure concerns technical specifications or other requirements or rules on services linked to fiscal or financial measures, pursuant to the third indent of the second paragraph of Article 1(11) of Directive 98/34/EC.

(5)  Information procedure closed.


European Central Bank

25.3.2006   

EN

Official Journal of the European Union

C 73/21


AGREEMENT

of 16 March 2006

between the European Central Bank and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange rate mechanism in stage three of Economic and Monetary Union

(2006/C 73/08)

THE EUROPEAN CENTRAL BANK (ECB) AND THE NATIONAL CENTRAL BANKS OF THE MEMBER STATES THAT ARE OUTSIDE THE EURO AREA ON 16 MARCH 2006 (HEREINAFTER THE ‘NON-EURO AREA NCBs’),

Whereas:

(1)

The Agreement of 1 September 1998 between the European Central Bank and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange rate mechanism in stage three of Economic and Monetary Union (1) (hereinafter the ‘Agreement of 1 September 1998’) has been amended three times. The introduction of a new criterion for counterparties eligible to conduct interventions at the margins directly with the ECB would require a further amendment of Annex I to the Agreement of 1 September 1998. In the interests of clarity and transparency therefore, the Agreement of 1 September 1998 should be replaced by a new Agreement.

(2)

The European Council agreed in its Resolution of 16 June 1997 (hereinafter the ‘Resolution’) to set up an exchange rate mechanism (hereinafter ‘ERM II’) when the third stage of economic and monetary union began on 1 January 1999.

(3)

Under the terms of the Resolution,

ERM II replaces the European Monetary System;

a stable economic environment is necessary for the good functioning of the single market and for higher investment, growth and employment, and is therefore in the interest of all Member States. The single market must not be endangered by real exchange rate misalignments or by excessive nominal exchange rate fluctuations between the euro and the other EU currencies, which would disrupt trade flows between Member States. Moreover, under Article 124 of the Treaty establishing the European Community, each Member State has an obligation to treat its exchange rate policy as a matter of common interest;

ERM II helps to ensure that non-euro area Member States participating in ERM II (hereinafter ‘participating non-euro area Member States’) orient their policies to stability, foster convergence and thereby help them in their efforts to adopt the euro;

participation in ERM II is voluntary for the non-euro area Member States. Nevertheless, Member States with a derogation can be expected to join the mechanism. A Member State which does not participate from the outset in ERM II may participate at a later date;

ERM II functions without prejudice to the primary objective of the ECB and the non-euro area NCBs to maintain price stability;

for the currency of each participating non-euro area Member State (hereinafter ‘participating non-euro area currency’) a central rate against the euro is defined;

there is one standard fluctuation band of ± 15 % around the central rates;

it should be ensured that any adjustment of central rates is conducted in a timely fashion so as to avoid significant misalignments. Thus, all parties to the mutual agreement on the central rates, including the ECB, have the right to initiate a confidential procedure aimed at reconsidering central rates;

intervention at the margins is in principle automatic and unlimited, with very short-term financing available. However, the ECB and the non-euro area NCBs participating in ERM II (hereinafter ‘participating non-euro area NCBs’) could suspend intervention if this were to conflict with their primary objective of price stability. In their decision they would take due account of all relevant factors and in particular of the need to maintain stability and the credible functioning of ERM II;

exchange rate policy co-operation may be further strengthened, for example by allowing closer exchange rate links between the euro and the participating non-euro area currencies, where, and to the extent that, these are appropriate in the light of progress towards convergence.

(4)

Intervention should be used as a supportive instrument in conjunction with other policy measures, including appropriate monetary and fiscal policies conducive to economic convergence and exchange rate stability. There is the possibility of coordinated intramarginal intervention decided by mutual agreement between the ECB and the respective participating non-euro area NCB, in parallel with other appropriate policy responses, including the flexible use of interest rates, by the latter.

(5)

Sufficient flexibility needs to be allowed, in particular to accommodate the varying degrees, paces and strategies of economic convergence of the non-euro area Member States.

(6)

This Agreement does not preclude the establishment, on a bilateral basis, of additional fluctuation bands and intervention arrangements between non-euro area Member States.

HAVE AGREED AS FOLLOWS:

I.   CENTRAL RATES AND FLUCTUATION BANDS

Article 1

Bilateral central rates and intervention rates between the euro and the participating non-euro area currencies

1.1.

The parties to this Agreement shall participate in a joint notification to the market of the bilateral central rates, and any changes to them, between the participating non-euro area currencies and the euro as agreed following the common procedure specified in paragraph 2.3 of the Resolution.

1.2.

In accordance with the fluctuation bands fixed pursuant to paragraphs 2.1, 2.3 and 2.4 of the Resolution, the ECB and each participating non-euro area NCB shall establish, by common accord, the bilateral upper and lower rates between the euro and the participating non-euro area currencies for automatic intervention. The ECB and the participating non-euro area NCBs shall jointly notify the market of these rates, which shall be quoted in accordance with the convention set forth in Annex I.

II.   INTERVENTION

Article 2

General provisions

2.1.

Intervention shall in principle be effected in euro and the participating non-euro area currencies. The ECB and the participating non-euro area NCBs shall inform each other about all foreign exchange intervention intended to safeguard the cohesion of ERM II.

2.2.

The ECB and the non-euro area NCBs shall inform each other about all other foreign exchange intervention.

Article 3

Intervention at the margins

3.1.

Intervention at the margins shall in principle be automatic and unlimited. However, the ECB and the participating non-euro area NCBs could suspend automatic intervention if this were to conflict with their primary objective of maintaining price stability.

3.2.

In deciding whether to suspend intervention, the ECB or a participating non-euro area NCB shall also take due account of all other relevant factors, including the credible functioning of ERM II. The ECB and/or the participating non-euro area NCB concerned shall base any decision on factual evidence and, in this context, also give consideration to any conclusion which may have been reached by other competent bodies. The ECB and/or the participating non-euro area NCB concerned shall notify, as long in advance as possible and on a strictly confidential basis, the other monetary authorities concerned and the monetary authorities of all other participating non-euro area Member States of any intention to suspend intervention.

3.3.

A payment after payment procedure shall be applied in the event of intervention at the margins, as set forth in Annex I.

Article 4

Coordinated intramarginal intervention

The ECB and participating non-euro area NCBs may agree to co-ordinated intramarginal intervention.

Article 5

Procedures for intervention and other transactions

5.1.

Prior agreement of the non-euro area NCB issuing the intervention currency shall be obtained when another central bank of the European System of Central Banks intends to use the former's currency in amounts exceeding mutually agreed limits in connection with all non-compulsory intervention, including unilateral intramarginal intervention.

5.2.

A non-euro area NCB shall give immediate notification to the ECB when it has used the euro in amounts exceeding mutually agreed limits in connection with all non-compulsory intervention, including unilateral intramarginal intervention.

5.3.

Before carrying out transactions other than intervention which involve at least one non-euro area currency or the euro and which exceed mutually agreed limits, the party intending to carry out such transactions shall give prior notification to the central bank(s) concerned. In such cases the central banks concerned shall agree on an approach which minimises potential problems, including the possibility of settling the transaction, wholly or in part, directly between the two central banks.

III.   VERY SHORT-TERM FINANCING FACILITY

Article 6

General provisions

6.1.

For the purpose of intervention in euro and in the participating non-euro area currencies, the ECB and each participating non-euro area NCB shall open for each other very short-term credit facilities. The initial maturity for a very short-term financing operation shall be three months.

6.2.

The financing operations under these facilities shall take the form of spot sales and purchases of participating currencies giving rise to corresponding claims and liabilities, denominated in the creditor's currency, between the ECB and the participating non-euro area NCBs. The value date of the financing operations shall be identical to the value date of the intervention in the market. The ECB shall keep a record of all transactions conducted in the context of these facilities.

Article 7

Financing of intervention at the margins

7.1.

The very short-term financing facility is in principle automatically available and unlimited in amount for the purpose of financing intervention in participating currencies at the margins.

7.2.

The debtor central bank shall make appropriate use of its foreign reserve holdings prior to drawing on the facility.

7.3.

The ECB and the participating non-euro area NCBs could suspend further automatic financing if it were to conflict with their primary objective of maintaining price stability. The suspension of further automatic financing will be subject to the provisions of Article 3.2 of this Agreement.

Article 8

Financing of intramarginal intervention

For the purpose of intramarginal intervention, the very short-term financing facility may, with the agreement of the central bank issuing the intervention currency, be made available subject to the following conditions:

(a)

the cumulative amount of such financing made available to the debtor central bank shall not exceed the latter's ceiling as laid down in Annex II;

(b)

the debtor central bank shall make appropriate use of its foreign reserve holdings prior to drawing on the facility.

Article 9

Remuneration

9.1.

Outstanding very short-term financing balances shall be remunerated at the representative domestic three-month money market rate of the creditor's currency prevailing on the trade date of the initial financing operation or, in the event of a renewal pursuant to Articles 10 and 11 of this Agreement, the three-month money market rate of the creditor's currency prevailing two business days before the date on which the initial financing operation to be renewed falls due.

9.2.

Accrued interest shall be paid in the creditor's currency on the date of the initial maturity of the facility, or, if applicable, on the date of the advance liquidation of a debtor balance. In the event of a renewal of the facility pursuant to Articles 10 and 11 of this Agreement, interest shall be capitalised at the end of every three-month period and shall be paid on the date of the final repayment of the debtor balance.

9.3.

For the purpose of Article 9.1 of this Agreement, each participating non-euro area NCB shall notify the ECB of its representative domestic three-month money market rate. A representative domestic three-month money market rate in euro shall be used by the ECB and notified to the participating non-euro area NCBs.

Article 10

Automatic renewal

At the request of the debtor central bank, the initial maturity for a financing operation may be extended for a period of three months.

However:

(a)

the initial maturity may only be automatically extended once for a maximum of three months;

(b)

the total amount of indebtedness resulting from application of this Article may at no time exceed the debtor central bank's ceiling as laid down for each central bank in Annex II.

Article 11

Renewal by mutual agreement

11.1.

Any debt exceeding the ceiling laid down in Annex II may be renewed once for three months subject to the agreement of the creditor central bank.

11.2.

Any debt already renewed automatically for three months may be renewed a second time for a further three months subject to the agreement of the creditor central bank.

Article 12

Advance repayment

Any debtor balance recorded in accordance with Articles 6, 10 and 11 of this Agreement may be settled at any time in advance at the request of the debtor central bank.

Article 13

Netting-out of mutual claims and liabilities

Mutual claims and liabilities between the ECB and a participating non-euro area NCB arising from the operations provided for in Articles 6 to 12 of this Agreement may be netted out against each other by mutual agreement between the two parties involved.

Article 14

Means of settlement

14.1.

When a financing operation falls due or in the event of advance repayment, settlement shall in principle be carried out by means of holdings in the creditor's currency.

14.2.

This provision shall be without prejudice to other forms of settlement agreed between creditor and debtor central banks.

IV.   CLOSER EXCHANGE RATE COOPERATION

Article 15

Closer exchange rate cooperation

15.1.

The exchange rate policy cooperation between participating non-euro area NCBs and the ECB may be further strengthened; in particular, closer exchange rate links may be agreed on a case-by-case basis at the initiative of the interested participating non-euro area Member State.

15.2.

On a case-by-case basis, formally agreed fluctuation bands narrower than the standard one and backed up in principle by automatic intervention and financing may be set at the request of the participating non-euro area Member State concerned, according to the procedure laid down in paragraph 2.4 of the Resolution.

15.3.

Other types of closer exchange rate arrangements of an informal nature may also be established between the ECB and participating non-euro area NCBs.

V.   MONITORING THE FUNCTION OF THE SYSTEM

Article 16

Tasks of the General Council of the ECB

16.1.

The General Council of the ECB shall monitor the functioning of ERM II and serve as the forum for monetary and exchange rate policy coordination as well as for the administration of the intervention and financing mechanism specified in this Agreement. It shall closely monitor, on a permanent basis, the sustainability of bilateral exchange rate relations between each participating non-euro area currency and the euro.

16.2.

The General Council of the ECB shall periodically review the operation of this Agreement in the light of experience gained.

Article 17

Reconsideration of central rates and participation in narrower fluctuation bands

17.1.

All parties to the mutual agreement reached pursuant to paragraph 2.3 of the Resolution, including the ECB, shall have the right to initiate a confidential procedure aimed at reconsidering central rates.

17.2.

In the event of formally agreed fluctuation bands narrower than the standard one, all parties to the joint decision made pursuant to paragraph 2.4 of the Resolution, including the ECB, shall have the right to initiate a confidential re-examination of the appropriateness of the respective currency's participation in the narrower band.

VI.   NON-PARTICIPATION

Article 18

Applicability

The provisions of Article 1, 2.1, 3, 4, 6 to 15 and 17 of this Agreement shall not apply to non-euro area NCBs which do not participate in ERM II.

Article 19

Cooperation in the concertation

Non-euro area NCBs not participating in ERM II shall cooperate with the ECB and the participating non-euro area NCBs in the concertation and/or the other exchanges of information necessary for the proper functioning of ERM II.

VII.   FINAL PROVISIONS

Article 20

Final provisions

20.1.

This Agreement shall enter into force on 1 April 2006.

20.2.

The Agreement of 1 September 1998 is repealed with effect from 1 April 2006. References to the repealed Agreement shall be construed as references to this Agreement.

20.3.

This Agreement shall be drawn up in English and duly signed by the parties. The ECB, which is required to retain the original Agreement, shall send a certified copy thereof to each euro area and non-euro area NCB. The Agreement shall be translated into all other official Community languages and be published in the C series of the Official Journal of the European Union.

Done at Frankfurt am Main, on 16 March 2006.

For and on behalf of

The European Central Bank

For and on behalf of

Česká národní banka

For and on behalf of

Danmarks Nationalbank

For and on behalf of

Eesti Pank

For and on behalf of

Central Bank of Cyprus

For and on behalf of

Latvijas Banka

For and on behalf of

Lietuvos bankas

For and on behalf of

Magyar Nemzeti Bank

For and on behalf of

Central Bank of Malta

For and on behalf of

Narodowy Bank Polski

For and on behalf of

Banka Slovenije

For and on behalf of

Národná banka Slovenska

For and on behalf of

Sveriges Riksbank

For and on behalf of

The Bank of England


(1)  OJ C 345, 13.11.1998, p. 6. Agreement as last amended by the Agreement of 16 September 2004 (OJ C 281, 18.11.2004, p. 3).


ANNEX I

QUOTATION CONVENTION FOR CURRENCIES PARTICIPATING IN ERM II AND THE PAYMENT AFTER PAYMENT PROCEDURE IN THE EVENT OF INTERVENTION AT THE MARGINS

A.   Quotation convention

For all the currencies of the non-euro area Member States participating in ERM II, the exchange rate for the bilateral central rate vis-à-vis the euro shall be quoted using the euro as the base currency. The exchange rate shall be expressed as the value of E1 using six significant digits for all currencies.

The same convention shall be applied for quoting the upper and lower intervention rates vis-à-vis the euro of the currencies of the non-euro area Member States participating in ERM II. The intervention rates shall be determined by adding or subtracting the agreed bandwidth, expressed as a percentage, to or from the bilateral central rates. The resulting rates shall be rounded to six significant digits.

B.   Payment after payment procedure

A payment after payment procedure shall be applied by both the ECB and the euro area NCBs in the event of intervention at the margins. The non-euro area NCBs participating in ERM II shall apply the payment after payment procedure when acting as correspondents of the euro area NCBs and the ECB in accordance with this Annex; the non-euro area NCBs participating in ERM II may, at their discretion, adopt the same payment after payment procedure when settling intervention at the margins that such NCBs have carried out on their own behalf.

(i)   General principles

The payment after payment procedure shall be applied when intervention at the margins in ERM II takes place between the euro and the currencies of the non-euro area Member States participating in ERM II.

To be eligible for intervention at the margins in ERM II, counterparties shall be required to keep an account with the NCB concerned. Counterparties shall also be required to maintain SWIFT addresses and/or to exchange authenticated telex keys with the NCB concerned or with the ECB.

Counterparties eligible for intervention at the margins in ERM II may also conduct such intervention directly with the ECB, provided that they also have the status of eligible counterparties for executing foreign exchange transactions with the ECB pursuant to Guideline ECB/2000/1 of 3 February 2000 on the management of the foreign reserve assets of the European Central Bank by the national central banks and the legal documentation for operations involving the foreign reserve assets of the European Central Bank (1).

The non-euro area NCBs participating in ERM II shall act as the correspondents of the euro area NCBs and the ECB.

When intervention at the margins takes place, the NCB concerned or the ECB shall release its payment for a given transaction only after receiving confirmation from its correspondent that the amount due has been credited to its account. Counterparties shall be required to pay in due time so as to enable the NCBs and the ECB to fulfil their respective payment obligations. Consequently, counterparties shall be required to pay before a predefined deadline.

(ii)   Deadline for the receipt of funds from counterparties

Counterparties shall pay intervention amounts at the latest by 1 p.m. ECB (CET) time on value date.


(1)  OJ L 207, 17.8.2000, p. 24. Guideline as last amended by Guideline ECB/2005/15 (OJ L 345, 28.12.2005, p. 33).


ANNEX II

CEILINGS ON ACCESS TO THE VERY SHORT-TERM FINANCING FACILITY REFERRED TO IN ARTICLES 8, 10 AND 11 OF THE CENTRAL BANK AGREEMENT

with effect from 1 May 2004

(in millions of EUR)

Central banks party to this Agreement

Ceilings (1)

Česká národní banka

700

Danmarks Nationalbank

730

Eesti Pank

300

Central Bank of Cyprus

290

Latvijas Banka

340

Lietuvos bankas

390

Magyar Nemzeti Bank

680

Central Bank of Malta

270

Narodowy Bank Polski

1 830

Banka Slovenije

350

Národná banka Slovenska

470

Sveriges Riksbank

990

Bank of England

4 660

European Central Bank

nil


Euro area NCBs

Ceilings

Nationale Bank van België/Banque Nationale de Belgique

nil

Deutsche Bundesbank

nil

Bank of Greece

nil

Banco de España

nil

Banque de France

nil

Central Bank and Financial Services Authority of Ireland

nil

Banca d'Italia

nil

Banque centrale du Luxembourg

nil

De Nederlandsche Bank

nil

Oesterreichische Nationalbank

nil

Banco de Portugal

nil

Suomen Pankki

nil


(1)  The amounts indicated are notional for central banks which do not participate in ERM II.