ISSN 1725-2423

Official Journal

of the European Union

C 321
European flag  

English edition

Information and Notices

Volume 47
28 December 2004

Notice No

Contents

page

 

I   Information

 

Commission

2004/C 321/1

Euro exchange rates

1

2004/C 321/2

Euro exchange rates

2

2004/C 321/3

New national side of euro circulation coins

3

2004/C 321/4

Imposition of a public service obligation pursuant to Council Regulation (EEC) No 2408/92 for scheduled air services in Germany ( 1 )

4

2004/C 321/5

COM documents other than legislative proposals adopted by the Commission

6

2004/C 321/6

Prior notification of a concentration (Case COMP/M.3676 — WARBURG/PROVIDENCE/TELCORDIA) — Candidate case for simplified procedure ( 1 )

7

2004/C 321/7

Prior notification of a concentration (Case COMP/M.3647 — WESTLB/DAL) — Candidate case for simplified procedure ( 1 )

8

2004/C 321/8

Prior notification of a concentration (Case COMP/M.3674 — IESY REPOSITORY/ISH) ( 1 )

9

2004/C 321/9

Prior notification of a concentration (Case COMP/M.3657 — AIRBUS/SITA) — Candidate case for simplified procedure ( 1 )

10

2004/C 321/0

Non-opposition to a notified concentration (Case COMP/M.3590 — FIAT/MAGNETI MARELLI) ( 1 )

11

2004/C 321/1

Non-opposition to a notified concentration (Case COMP/M.3574 — RABOBANK/BGZ) ( 1 )

11

 

II   Preparatory Acts

 

Commission

2004/C 321/2

Legislative proposals adopted by the Commission

12

 

III   Notices

 

Commission

2004/C 321/3

D-Munich: Operation of scheduled air services — Invitation to tender issued by the Federal Republic of Germany pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Hof and Frankfurt am Main

14

 

 

(1)   Text with EEA relevance

EN

 

I Information

Commission

28.12.2004   

EN

Official Journal of the European Union

C 321/1

Euro exchange rates (1)

27 December 2004

(2004/C 321/01)

1 euro=

 

Currency

Exchange rate

USD

US dollar

1,3527

JPY

Japanese yen

140,34

DKK

Danish krone

7,4411

GBP

Pound sterling

0,7036

SEK

Swedish krona

9,0292

CHF

Swiss franc

1,5484

ISK

Iceland króna

83,78

NOK

Norwegian krone

8,265

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5786

CZK

Czech koruna

30,555

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,6

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6936

MTL

Maltese lira

0,4338

PLN

Polish zloty

4,0565

ROL

Romanian leu

39 648

SIT

Slovenian tolar

239,77

SKK

Slovak koruna

38,805

TRL

Turkish lira

1 834 938

AUD

Australian dollar

1,7526

CAD

Canadian dollar

1,6625

HKD

Hong Kong dollar

10,5289

NZD

New Zealand dollar

1,8861

SGD

Singapore dollar

2,2186

KRW

South Korean won

1 415,8

ZAR

South African rand

7,6495

(1)  

Source: reference exchange rate published by the ECB.

28.12.2004   

EN

Official Journal of the European Union

C 321/2

Euro exchange rates (1)

24 December 2004

(2004/C 321/02)

1 euro=

 

Currency

Exchange rate

USD

US dollar

1,3542

JPY

Japanese yen

140,26

DKK

Danish krone

7,4406

GBP

Pound sterling

0,70330

SEK

Swedish krona

9,0350

CHF

Swiss franc

1,5458

ISK

Iceland króna

83,79

NOK

Norwegian krone

8,2815

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,57870

CZK

Czech koruna

30,433

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,25

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6936

MTL

Maltese lira

0,4337

PLN

Polish zloty

4,0757

ROL

Romanian leu

38 700

SIT

Slovenian tolar

239,7800

SKK

Slovak koruna

38,830

TRL

Turkish lira

1 854 638

AUD

Australian dollar

1,7587

CAD

Canadian dollar

1,6631

HKD

Hong Kong dollar

10,5412

NZD

New Zealand dollar

1,8908

SGD

Singapore dollar

2,2203

KRW

South Korean won

1 419,13

ZAR

South African rand

7,6377

(1)  

Source: reference exchange rate published by the ECB.

28.12.2004   

EN

Official Journal of the European Union

C 321/3

NEW NATIONAL SIDE OF EURO CIRCULATION COINS

(2004/C 321/03)

Image

National side of the new 2-euro commemorative circulation coin issued by the Vatican City State

Euro circulation coins have legal tender status throughout the euro area. The Commission publishes all new euro coin designs (1) with a view to informing anyone required to handle coins in the course of their work and the public at large. In accordance with the Council conclusions of 8 December 2003 (2), Member States and countries that have concluded a Monetary Agreement with the Community providing for the issuance of euro circulation coins are allowed to issue certain quantities of commemorative euro circulation coins on condition that not more than one new coin design is issued per country per year and that only the 2-euro denomination is used. These coins have the technical features of normal euro circulation coins, but bear a commemorative design on the obverse national side.

Issuing State: Vatican City State

Subject of commemoration: 75th Anniversary of the Founding of the Vatican City State

Factual description of the design: The inner part shows a schematic representation of the perimeter walls of the Vatican City with St Peter's Basilica in the foreground. The inscriptions ‘75o ANNO DELLO STATO’ and ‘1929-2004’ appear around the left- and upper right-hand edges of the inner part. To the bottom left, in smaller letters, is the name of the author ‘VEROI’ and the initials of the engraver ‘L.D.S. INC.’. The twelve stars of the European Union and the inscription ‘CITTA' DEL VATICANO’ are positioned around the outer circle.

Issue volume: max. 100 000 coins

Approximate issue period: from 15 December 2004.

(1)  See OJ C 373 of 28.12.2001, pp. 1-30 for a reference to all national sides that were issued in 2002.

(2)  See conclusions of the General Affairs Council of 8 December 2003 on changes in the design of national sides of euro coins. See also Commission Recommendation of 29 September 2003 on a common practice for changes to the design of national obverse sides of euro circulation coins (OJ L 264 of 15.10.2003, p. 38-39).

28.12.2004   

EN

Official Journal of the European Union

C 321/4

Imposition of a public service obligation pursuant to Council Regulation (EEC) No 2408/92 for scheduled air services in Germany

(2004/C 321/04)

(Text with EEA relevance)

1.   The Government of the Federal Republic of Germany has decided to revise as follows the public service obligation in respect of scheduled air services on the Hof — Frankfurt am Main route, which was imposed pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes as last published in Official Journal of the European Community C 113/10 of 18 April 2001.

2.   The public service obligation is as follows:

2.1   Routing

Scheduled air services on the Hof — Frankfurt am Main route.

2.2   Minimum frequency

There must be at least three flights in each direction every day from Monday to Friday with the possibility of connection with onward flights on routes from Frankfurt am Main. This requirement applies all year round. A reduced service is possible between Christmas and New Year.

2.3   Seating capacity

At least 540 seats per week (36 seats per flight, 3 flights per day, 5 days per week) on the Hof — Frankfurt am Main route. These requirements apply all year round.

2.4   Flight times

The flights are to be operated, without a stopover, between 06.00 out of Hof and 22.30 into Hof.

The following slots (flight plan times for February 2004, arrival and departure respectively) are reserved at Frankfurt am Main:

—

into Frankfurt 07.00 (Fri), 07.10 (Mon-Thu), 11.05 (Mon-Fri), 19.50 (Mon-Fri)

—

out of Frankfurt 07.45 (Wed-Fri), 08.15 (Tue), 08.25 (Mon), 17.20 (Mon-Fri), 20.35 (Tue-Fri), 20.55 (Mon, Wed), 21.00 (Thu)

2.5   Type of aircraft

The services must be operated using pressurised aircraft with a minimum capacity of 36 seats.

Airlines are referred to the technical and operational conditions for Hof Airport (cf. civil aviation handbook for the Federal Republic of Germany).

2.6   Fares

The main basic fare for a single flight between Hof and Frankfurt am Main may not exceed the main basic fare for a single flight between Nuremberg and Frankfurt am Main by more than 5 %. In January 2004 the main basic fare, including VAT but excluding airport charges, for a single flight between Nuremberg and Frankfurt am Main was EUR 196.

Interline agreements based on IATA rules granting through fares must be observed.

2.7   Bookings

Flights must be marketed by means of at least one computerised reservation system.

2.8   Continuity of service

The number of flights cancelled for reasons that can be directly attributed to the air carrier may not exceed 2 % of the estimated annual number of flights.

3.   Invitation to tender

Community air carriers are informed that the operation of the scheduled air service will be put out to tender and that contracts are to be awarded with effect from 1 April 2005. An appropriate invitation to tender pursuant to Article 4(1)(d) of Regulation (EEC) No 2408/92 will shortly be published in the Official Journal of the European Union.

Further details can be obtained from:

Bayerisches Staatsministerium für Wirtschaft, Verkehr und Technologie

D-80525 Munich

Tel. 089/2162-2392 or 2162-2350

Fax: 089/2162-2588

4.   These public service obligations replace those obligations contained in the Commission communication which were published in Official Journal of the European Communities C 113/10 of 18 April 2001.

28.12.2004   

EN

Official Journal of the European Union

C 321/6

COM documents other than legislative proposals adopted by the Commission

(2004/C 321/05)

Document

Part

Date

Title

COM(2004) 705

 

22.10.2004

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position of the Council with a view to the adoption of a Decision of the European Parliament and of the Council establishing a single framework for the transparency of qualifications and competences (Europass)

COM(2004) 706

 

22.10.2004

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position of the Council on the adoption of the proposal for a decision of the European Parliament and the Council amending Decision 1419/1999/EC establishing a Community action for the European Capital of Culture event for the years 2005 to 2019

COM(2004) 409

 

8.6.2004

REPORT FROM THE COMMISSION based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism

COM(2004) 676

 

12.10.2004

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council on pollution caused by ships and the introduction in particular of criminal sanctions for infringements involving pollution

These texts are available on EUR-Lex: http://europa.eu.int/eur-lex.

28.12.2004   

EN

Official Journal of the European Union

C 321/7

Prior notification of a concentration

(Case COMP/M.3676 — WARBURG/PROVIDENCE/TELCORDIA)

Candidate case for simplified procedure

(2004/C 321/06)

(Text with EEA relevance)

1.

On 20 December 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Warburg Pincus LLC (‘Warburg’), USA, and Providence Equity Partners Inc. (‘Providence’), USA, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Telcordia Technologies Inc. (‘Telcordia’), USA, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—

for undertaking Warburg: Global private equity investments,

—

for undertaking Providence: Global private equity investments,

—

for undertaking Telcordia: Software and services for communications networks.

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 the proposed 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3676 — WARBURG/PROVIDENCE/TELCORDIA, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

28.12.2004   

EN

Official Journal of the European Union

C 321/8

Prior notification of a concentration

(Case COMP/M.3647 — WESTLB/DAL)

Candidate case for simplified procedure

(2004/C 321/07)

(Text with EEA relevance)

1.

On 16 December 2004, 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 WestLB AG (‘WestLB’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Deutsche Anlagen-Leasing GmbH (‘DAL’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—

for undertaking WestLB: financial services,

—

for undertaking DAL: leasing in the area of commercial real estate and large products.

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 the proposed 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3647 — WestLB/DAL, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

28.12.2004   

EN

Official Journal of the European Union

C 321/9

Prior notification of a concentration

(Case COMP/M.3674 — IESY REPOSITORY/ISH)

(2004/C 321/08)

(Text with EEA relevance)

1.

On 17 December 2004, 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 Iesy Repository GmbH (‘Iesy’, Germany), controlled by Apollo Management V, L.P., USA, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings ISH GmbH & Co KG and ISH KS NRW GmbH & Co KG (‘ISH’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—

for Iesy: Operation of the broadband cable formerly belonging to Deutsche Telekom AG in Hesse (transmission of analogue and digital broadcasting signals, internet and other services),

—

for ISH: Operation of the broadband cable formerly belonging to Deutsche Telekom AG in North Rhine-Westphalia (transmission of analogue and digital broadcasting signals, internet and other services).

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.

4.

The Commission invites interested third parties to submit their possible observations on the proposed 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3674 — IESY Repository/ISH, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

(1)  OJ L 24, 29.1.2004, p. 1.

28.12.2004   

EN

Official Journal of the European Union

C 321/10

Prior notification of a concentration

(Case COMP/M.3657 — AIRBUS/SITA)

Candidate case for simplified procedure

(2004/C 321/09)

(Text with EEA relevance)

1.

On 15 December 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Airbus Financial Services (‘Airbus’, France) belonging to the Airbus group and SITA Information Network Computing B.V. (‘SITA’, Netherlands) belonging to the SITA group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking OnAir N.V. (‘OnAir’, Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

—

for undertaking Airbus: design, manufacture and sales of aircraft worldwide,

—

for undertaking SITA: Provides applications, communications and IT infrastructure to the air transport and related industries.

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 the proposed 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3657 — Airbus/Sita/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

28.12.2004   

EN

Official Journal of the European Union

C 321/11

Non-opposition to a notified concentration

(Case COMP/M.3590 — FIAT/MAGNETI MARELLI)

(2004/C 321/10)

(Text with EEA relevance)

On 17 November 2004, 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 Italian and will be made public after it is cleared of any business secrets it may contain. It will be available:

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32004M3590. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

28.12.2004   

EN

Official Journal of the European Union

C 321/11

Non-opposition to a notified concentration

(Case COMP/M.3574 — RABOBANK/BGZ)

(2004/C 321/11)

(Text with EEA relevance)

On 19 November 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article6(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 web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32004M3574. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

II Preparatory Acts

Commission

28.12.2004   

EN

Official Journal of the European Union

C 321/12

Legislative proposals adopted by the Commission

(2004/C 321/12)

Document

Part

Date

Title

COM(2004) 682

 

20.10.2004

Proposal for a COUNCIL DECISION amending Article 3 of Decision 98/198/EC authorising the United Kingdom to extend application of a measure derogating from Articles 6 and 17 of the sixth VAT Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

COM(2004) 530

 

30.7.2004

Proposal for a COUNCIL DECISION authorising Member States to ratify in the interests of the Community the Seafarers' Identity Documents Convention of the International Labour Organization (Convention 185)

COM(2004) 703

 

20.10.2004

Proposal for a COUNCIL REGULATION extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 1676/2001 on imports of polyethylene terephthalate (PET) film originating, inter alia, in India to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not

COM(2004) 704

 

20.10.2004

Proposal for a COUNCIL REGULATION extending the definitive countervailing duty imposed by Council Regulation (EC) No 2597/1999 on imports of polyethylene terephthalate (PET) film originating in India to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not

COM(2004) 669

 

11.10.2004

Proposal for a COUNCIL DECISION on the signature of the Agreement in the form of an exchange of letters between the European Community and the Swiss Confederation on the date of application of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments

COM(2004) 688

 

22.10.2004

Proposal for a COUNCIL REGULATION extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People's Republic of China to imports of tube or pipe fittings, of steel or iron, consigned from Indonesia, whether declared as originating in Indonesia or not

COM(2004) 691

 

22.10.2004

Proposal for a COUNCIL REGULATION extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People's Republic of China to imports of tube or pipe fittings, of iron or steel, consigned from Sri Lanka, whether declared as originating in Sri Lanka or not

COM(2004) 697

 

22.10.2004

Proposal for a COUNCIL DECISION amending Council Decision 2001/855/EC of 15 November 2001 in order to take account of certain treaties and trade agreements concluded with third countries by new Member States prior to their accession to the European Union

COM(2004) 613

 

27.9.2004

Proposal for a COUNCIL DECISION on the conclusion of an agreement between the European Community and the Government of Ukraine on trade in certain steel products

COM(2004) 692

 

22.10.2004

Proposal for a COUNCIL DECISION amending Council Decision 2000/746/EC authorising the French Republic to apply a measure derogating from Article 11 of the sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

COM(2004) 641

 

8.10.2004

Proposal for a COUNCIL REGULATION laying down implementing measures for Directive 77/388/EEC on the common system of value added tax

COM(2004) 599

 

29.9.2004

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/83/EC and Regulation (EC) No 726/2004

COM(2004) 572

 

8.9.2004

Proposal for a COUNCIL DECISION concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of an oilseed rape product (Brassica napus L., GT73 line) genetically modified for tolerance to the herbicide glyphosate

COM(2004) 649

 

6.10.2004

Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement between the Community and the Swiss Confederation in the Audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the MEDIA Plus and MEDIA Training Community programmes, and a final Act.

These texts are available on EUR-Lex: http://europa.eu.int/eur-lex.

III Notices

Commission

28.12.2004   

EN

Official Journal of the European Union

C 321/14

D-Munich: Operation of scheduled air services

Invitation to tender issued by the Federal Republic of Germany pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Hof and Frankfurt am Main

(2004/C 321/13)

1.

Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the German Government has decided to impose a public service obligation in respect of scheduled air services on the Hof - Frankfurt am Main route with effect from 1 April 2005. The details of this public service obligation are published in Official Journal of the European Union C 321 of 28.12.2004.

Insofar as, by 1 March 2005, no air carrier has submitted to the Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie written proof of the commencement of air services on 1 April 2005 in accordance with the public service obligations and without requesting compensation, Germany will, pursuant to Article 4(1)(d) of the above-mentioned Regulation, limit access to this route to a single air carrier and put out the right to operate these services from 1 April 2005 to public tender.

2.

Subject of the invitation to tender: Operation of scheduled air services between Hof and Frankfurt am Main in accordance with the public service obligation imposed on this route, as published in the Official Journal of the European Union C 321 of 28.12.2004.

3.

Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.

Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d) to (i) of Regulation (EEC) No 2408/92.

The Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie reserves the right to reject all offers or to start negotiations if no economically acceptable tender is received.

Tenderers are bound by their tender pending the actual award of a tender. The contract will be awarded only for a tender that is economically acceptable in its entirety.

5.

Tender dossier: The full tender dossier, including the technical specifications, the terms of contract and details regarding the imposition of the public service obligation, is obtainable free of charge from:

Bayerisches Staatsministerium für Wirtschaft, Verkehr und Technologie, Prinzregentenstrasse 28, D-80538 Munich. Fax: (49-89) 21 62-25 88.

6.

Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of the Hof - Frankfurt am Main route for three years from the planned date of commencement of service (with an annual breakdown of the figures).

7.

Fares: The tenders submitted must indicate the proposed fares and the conditions attached to them. The fares must be in agreement with the public service obligation published in the Official Journal of the European Union C 321 of 28.12.2004.

8.

Duration of the contract: The contract commences on 1 April 2005 and terminates on 31 March 2008.

9.

Alteration or notice of termination of contract: The contract may only be altered if the changes are in agreement with the public service obligation published in Official Journal of the European Union C 321 of 28.12.2004. Changes to the contract must be submitted in writing.

The contract may be terminated by either party subject to 6 months' notice. This is without prejudice to the right of extraordinary termination of contract without notice for serious reasons.

10.

Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. In the event of failure to comply with, or the incomplete performance of, the contractual obligations by the air carrier, the awarding authority is entitled to reduce the compensation payment proportionately. This may also apply where damage has been caused.

11.

Submission of tenders: Tenders must be sent by registered letter, or hand-delivered against receipt, to the following address:

Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie, Prinzregentenstrasse 28, D-80538 Munich.

Tenders must be submitted at the latest one month after the date of publication of this notice. All tenders must be submitted in quintuplicate.

12.

Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that, by 1 March 2005, no EU carrier has applied for a licence to operate the air services on the abovementioned route from 1 April 2005 in accordance with the public service obligation imposed and without requesting financial compensation.