23.12.2005

Official Journal of the European Union

C 327/4

European Union Guidelines on promoting compliance with international humanitarian law (IHL)

(2005/C 327/04)

I. PURPOSE

The purpose of these Guidelines is to set out operational tools for the European Union and its institutions and bodies to promote compliance with international humanitarian law (IHL). They underline the European Union's commitment to promote such compliance in a visible and consistent manner. The Guidelines are addressed to all those taking action within the framework of the European Union to the extent that the matters raised fall within their areas of responsibility and competence. They are complementary to Guidelines and other Common Positions already adopted within the EU in relation to matters such as human rights, torture and the protection of civilians (1).

These Guidelines are in line with the commitment of the EU and its Member States to IHL, and aim to address compliance with IHL by third States, and, as appropriate, non-State actors operating in third States. Whilst the same commitment extends to measures taken by the EU and its Member States to ensure compliance with IHL in their own conduct, including by their own forces, such measures are not covered by these Guidelines (2).

II. INTERNATIONAL HUMANITARIAN LAW (IHL)

Introduction

3.	The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. This includes the goal of promoting compliance with IHL.

4.	International Humanitarian Law (IHL) — also known as the Law of Armed Conflict or the Law of War — is intended to alleviate the effects of armed conflict by protecting those not, or no longer taking part in conflict and by regulating the means and methods of warfare.

States are obliged to comply with the rules of IHL to which they are bound by treaty or which form part of customary international law. They may also apply to non-State actors. Such compliance is a matter of international concern. In addition, the suffering and destruction caused by violations of IHL render post-conflict settlements more difficult. There is therefore a political, as well as a humanitarian interest, in improving compliance with IHL throughout the world.

Evolution and Sources of IHL

The rules of IHL have evolved as a result of balancing military necessity and humanitarian concerns. IHL comprises rules that seek to protect persons who are not, or are no longer, taking direct part in hostilities — such as civilians, prisoners of war and other detainees, and the injured and sick — as well as to restrict the means and methods of warfare — including tactics and weaponry — in order to avoid unnecessary suffering and destruction.

As with other parts of international law, IHL has two main sources: international conventions (treaties) and customary international law. Customary international law is formed by the practice of States, which they accept as binding upon them. Judicial decisions and writings of leading authors are subsidiary means for determining the law.

The principal IHL Conventions are listed in the Annex to these Guidelines. The most important are the 1907 Hague Regulations, the four Geneva Conventions from 1949 and their 1977 Additional Protocols. The Hague Regulation and most of the provisions of the Geneva Conventions and the 1977 Additional Protocols are generally recognised as customary law.

Scope of application

IHL is applicable to any armed conflicts, both international and non-international and irrespective of the origin of the conflict. It also applies to situations of occupation arising from an armed conflict. Different legal regimes apply to international armed conflicts, which are between States, and non-international (or internal) armed conflicts, which take place within a State.

10.

Whether situation amounts to an armed conflict and whether it is an international or non-international armed conflict are mixed questions of fact and law, the answers to which depend on a range of factors. Appropriate legal advice, together with sufficient information about the particular context, should always be sought in determining whether a situation amounts to an armed conflict, and thus whether international humanitarian law is applicable.

11.

The treaty provisions on international armed conflicts are more detailed and extensive. Non-international armed conflicts are subject to the provisions in Article 3 common to the Geneva Conventions and, where the State concerned is a Party, in the 1977 Additional Protocol II. Rules of customary international law apply to both international and internal armed conflicts but again there are differences between the two regimes.

International Human Rights Law and IHL

12.

It is important to distinguish between international human rights law and IHL. They are distinct bodies of law and, while both are principally aimed at protecting individuals, there are important differences between them. In particular IHL is applicable in time of armed conflict and occupation. Conversely, human rights law is applicable to everyone within the jurisdiction of the State concerned in time of peace as well as in time of armed conflict. Thus while distinct, the two sets of rules may both be applicable to a particular situation and it is therefore sometimes necessary to consider the relationship between them. However these Guidelines do not deal with human rights law.

Individual responsibility

13.	Certain serious violations of IHL are defined as war crimes. War crimes may occur in the same circumstances as genocide and crimes against humanity but the latter, unlike war crimes, are not linked to the existence of an armed conflict.

14.

Individuals bear personal responsibility for war crimes. States must, in accordance with their national law, ensure that alleged perpetrators are brought before their own domestic courts or handed over for trial by the courts of another State or by an international criminal tribunal, such as the International Criminal Court (3).

III. OPERATIONAL GUIDELINES

A. REPORTING, ASSESSMENT AND RECOMMENDATIONS FOR ACTION

15.

Action under this heading includes:

(a)

In order to enable effective action, situations where IHL may apply must be identified without delay. The responsible EU bodies, including appropriate Council Working Groups, should monitor situations within their areas of responsibility where IHL may be applicable, drawing on advice, as necessary, regarding IHL and its applicability. Where appropriate they should identify and recommend action to promote compliance with IHL in accordance with these Guidelines. Consultations and exchange of information with knowledgeable actors, including the ICRC and other relevant organisations such as the UN and regional organisations, should be considered when appropriate. Consideration should also be given, where appropriate, to drawing on the services of the International Humanitarian Fact-Finding Commission (IHFFC) established under Article 90 of the Additional Protocol I to the Geneva Conventions of 1949, which can assist in promoting respect for IHL through its fact-finding capacity and its good offices function.

(b)

Whenever relevant, EU Heads of Mission, and appropriate EU representatives, including Heads of EU Civilian Operations, Commanders of EU Military Operations and EU Special Representatives, should include an assessment of the IHL situation in their reports about a given State or conflict. Special attention should be given to information that indicates that serious violations of IHL may have been committed. Where feasible, such reports should also include an analysis and suggestions of possible measures to be taken by the EU.

(c)

Background papers for EU meetings should include, where appropriate, an analysis on the applicability of IHL and Member States participating in such meetings should also ensure that they are able to draw on advice as necessary on IHL issues arising. In a situation where an armed conflict may be at hand, the Council Working Group on International Law (COJUR) should be informed along with other relevant Working Groups. If appropriate and feasible, COJUR could be tasked to make suggestions of future EU action to relevant EU bodies.

B. MEANS OF ACTION AT THE DISPOSAL OF THE EU IN ITS RELATIONS WITH THIRD COUNTRIES

16.

The EU has a variety of means of action at its disposal. These include, but are not limited to, the following:

(a)

Political dialogue: Where relevant the issue of compliance with IHL should be brought up in dialogues with third States. This is particularly important in the context of on-going armed conflicts where there have been reports of widespread IHL violations. However, the EU should also, in peace-time, call upon States that have not yet done so to adhere to, and fully implement, important IHL instruments, such as the 1977 Additional Protocols and the ICC Statute. Full implementation includes enactment of any necessary implementing legislation and training of relevant personnel in IHL.

(b)	General public statements: In public statements on issues related to IHL, the EU should, whenever appropriate, emphasise the need to ensure compliance with IHL.

(c)

Demarches and/or public statements about specific conflicts: When violations of IHL are reported the EU should consider making demarches and issuing public statements, as appropriate, condemning such acts and demanding that the parties fulfil their obligations under IHL and undertake effective measures to prevent further violations.

(d)

Restrictive measures/sanctions: The use of restrictive measures (sanctions) may be an effective means of promoting compliance with IHL. Such measures should therefore be considered against State and non-state parties to a conflict, as well as individuals, when they are appropriate and in accordance with international law.

(e)

Cooperation with other international bodies: Where appropriate, the EU should cooperate with the UN and relevant regional organisations for the promotion of compliance with IHL. EU Member States should also, whenever appropriate, act towards that goal as members in other organisations, including the United Nations. The International Committee of the Red Cross (ICRC) has a treaty-based, recognised and long-established role as a neutral, independent humanitarian organisation, in promoting compliance with IHL.

(f)

Crisis-management operations: The importance of preventing and suppressing violations of IHL by third parties should be considered, where appropriate, in the drafting of mandates of EU crisis-management operations. In appropriate cases, this may include collecting information which may be of use for the ICC (4) or in other investigations of war crimes.

(g)

Individual responsibility: While, in post-conflict situations it is sometimes difficult to balance the overall aim of establishing peace and the need to combat impunity, the European Union should ensure that there is no impunity for war crimes. To have a deterrent effect during an armed conflict the prosecution of war crimes must be visible, and should, if possible, take place in the State were the violations have occurred. The EU should therefore encourage third States to enact national penal legislation to punish violations of IHL. The EU's support of the ICC and measures to prosecute war criminals should also be seen in this context.

(h)

Training: Training in IHL is necessary to ensure compliance with IHL in time of armed conflict. Training and education must also be undertaken in peacetime. This applies to the whole population, although special attention should be given to relevant groups such as law enforcement officials. Additional obligations apply to the training of military personnel. The EU should consider providing or funding training and education in IHL in third countries including within the framework of wider programmes to promote the rule of law.

(i)	Export of arms: The European Code of Conduct on Arms Export (5) provides that an importing country's compliance with IHL should be considered before licences to export to that country are granted.

(1) See EU Guidelines on Human Rights Dialogues (Economic and Financial Affairs Council of 13 December 2001); Guidelines for EU Policy towards Third Countries on Torture and other Cruel, Inhuman or Degrading Punishment or Treatment (General Affairs Council of 9 April 2001); EU Guidelines on Children and Armed Conflict (General Affairs Council of 8 December 2003); and Council Common Position 2003/444/CFSP of 16 June 2003 on the ICC (Official Journal L 150 of 18.6.2003).

(2) All EU Member States are Parties to the Geneva Conventions and their Additional Protocols and thus under the obligation to abide by their rules.

(3) See the Union's Common Position on the ICC (2003/444/CFSP) and the EU's Action Plan on the ICC. See further Decision of 13 June 2002 (2002/494/JHA) by which the Council set up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes; the Framework Decision (2002/584/JHA) on the European arrest warrant and the procedures between Member States; the Decision of 8 May 2003 (2003/335/JHA) concerning the investigation and prosecution of genocide, crimes against humanity and war crimes.

(4) See the Agreement on Cooperation and Assistance between the European Union and the International Criminal Court.

(5) Adopted on 8 June 1998, doc 8675/2/98 REV 2.

ANNEX

PRINCIPAL LEGAL INSTRUMENTS ON INTERNATIONAL HUMANITARIAN LAW

—	1907 Hague Convention IV Respecting the Laws and Customs of War

—	Annex to the Convention: Regulations Respecting the Laws and Customs of War

—	1925 Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare

—	1949 Geneva Convention I for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field

—	1949 Geneva Convention II for the Amelioration of the Conditions of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

—	1949 Geneva Convention III Relative to the Treatment of Prisoners of War

—	1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War

—	1977 Geneva Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts

—	1977 Geneva Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts

—	1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict

—	Regulations for the Execution of Convention for the Protection of Cultural Property in the Event of Armed Conflict

—	1954 First Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict

—	1999 Second Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict

—	1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

—	1980 UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects

—	1980 Protocol I on Non-Detectable Fragments

—	1980 Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices

—	1996 Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices

—	1980 Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons

—	1995 Protocol IV on Blinding Laser Weapons

—	2003 Protocol V on Explosive Remnants of War

—	1993 Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction

—	1997 Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

—	1993 Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991

—

1994 Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994

—	1998 Rome Statute of the International Criminal Court

23.12.2005

Official Journal of the European Union

C 327/9

Euro exchange rates (1)

22 December 2005

(2005/C 327/06)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,1822
JPY	Japanese yen	138,84
DKK	Danish krone	7,4589
GBP	Pound sterling	0,68100
SEK	Swedish krona	9,4327
CHF	Swiss franc	1,5551
ISK	Iceland króna	75,72
NOK	Norwegian krone	8,0325
BGN	Bulgarian lev	1,9556
CYP	Cyprus pound	0,5735
CZK	Czech koruna	28,857
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	250,85
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6965
MTL	Maltese lira	0,4293
PLN	Polish zloty	3,8365
RON	Romanian leu	3,6599
SIT	Slovenian tolar	239,50
SKK	Slovak koruna	37,760
TRY	Turkish lira	1,6026
AUD	Australian dollar	1,6171
CAD	Canadian dollar	1,3799
HKD	Hong Kong dollar	9,1652
NZD	New Zealand dollar	1,7521
SGD	Singapore dollar	1,9765
KRW	South Korean won	1 202,95
ZAR	South African rand	7,5487
CNY	Chinese yuan renminbi	9,5492
HRK	Croatian kuna	7,3825
IDR	Indonesian rupiah	11 626,94
MYR	Malaysian ringgit	4,467
PHP	Philippine peso	63,088
RUB	Russian rouble	34,0950
THB	Thai baht	48,413

(1)

Source: reference exchange rate published by the ECB.

23.12.2005

Official Journal of the European Union

C 327/10

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(2005/C 327/07)

(Text with EEA relevance)

Aid No

XS 7/04

Member State

United Kingdom

Region

North East of England

Title of aid scheme or name of company receiving individual aid

Cramlington Land Partnership

Legal basis

Industrial Development Act 1982 Sections 7 & 11

Section 2 Local Government Act 2000

Annual expenditure planned or overall amount of individual aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

GBP 297 260

Loans guaranteed

Maximum aid intensity

In conformity with Article 4(2)-(6) and Article 5 of the Regulation

Yes

Date of implementation

5.2.2004

Duration of the scheme or individual aid award

Until 30.4.2005

Objective of aid

Aid to SMEs

Yes

Economic sectors

All sectors eligible for aid to SMEs

Yes

Name and address of granting authority

Name:

Government Office for the North East

European Programmes Secretariat

Address:

Wellbar House

Gallowgate

Newcastle upon Tyne NE1 4TD

United Kingdom

Large individual aid grants

In conformity with Article 6 of the Regulation

The measure excludes awards of aid or requires prior notification to the Commission of awards of aid:

(a)

if the total eligible costs are at least EUR 25 million and

—	the gross aid intensity is at least 50 %,

—	in areas which qualify for regional aid, the net aid intensity is at least 50 %; or

(b)	if the total gross aid amount is at least EUR 15 million

N/A

Aid No	XS 10/05
Member State	Austria
Region	Whole of Austria
Title of aid scheme or name of company receiving individual aid	‘Creative economy impulse programme’ innovation scheme
Legal basis	Beschluss des Stiftungsrates der Nationalstiftung für Forschung, Technologie und Entwicklung vom 24.6.2004 Vereinbarung zwischen der Nationalstiftung für Forschung, Technologie und Entwicklung und der Austria Wirtschaftsservice GmbH vom 18.10.2004 Richtlinien zum Innovationsprogramm „Impulsprogramm Kreativwirtschaft“ vom 18.10.2004
Annual expenditure planned or overall amount of individual aid granted to the company	Aid scheme	Annual overall amount	EUR 1,2 million
		Loans guaranteed
	Individual aid	Overall aid amount	EUR 0,4 million
		Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Yes
Date of implementation	18.10.2004
Duration of the scheme or individual aid award	Until 31.12.2005 (expiry of the guidelines, although payments may still be made after that date depending on the duration of the individual project)
Objective of aid	Aid to SMEs		Yes
Economic sectors concerned	All sectors eligible for aid to SMEs		Yes
Name and address of the granting authority	Name: Austria Wirtschaftsservice Gesellschaft m.b.H. im Auftrag der Nationalstiftung für Forschung, Technologie und Entwicklung
	Address: Ungargasse 37, A-1030 Vienna; office@awsg.at
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

Aid No

XS 21/04

Member State

Spain

Region

Catalonia

Title of aid scheme or name of company receiving individual aid

Aid to family firms in drawing up succession plans

Legal basis

Resolución TIC/1223/2003, de 22 de abril, por la que se abre la convocatoria de ayudas a empresas familiares para la realización de planes de sucesión (DOGC 3877 de 06/05/03) modificada por la Resolución TRI/141/2004, de 15 de enero, por la que se modifica la Resolución TIC/1223/2003, de 22 de abril (DOGC 4070 de 13.2.2004)

Annual expenditure planned or overall amount of aid granted to the company

Aid scheme

Annual overall amount

EUR 0,4 million

Loans guaranteed

Individual aid

Overall aid amount

Loans guaranteed

Maximum aid intensity

In conformity with Article 4(2)-(6) and Article 5 of the Regulation

Yes

Date of implementation

7.5.2003

Duration of the scheme or award of individual aid

Until 31.12.2006

Objective of aid

Aid to SMEs

Yes

Economic sectors

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Name:

Sr. Don Agustí Segarra i Blasco

Director del Centro de Innovación y Desarrollo Empresarial (CIDEM)

Departamento de Trabajo e Industria

Address:

Passeig de Gràcia, 129

E-08008 Barcelona

Large individual aid grants

In conformity with Article 6 of the Regulation

The measure excludes awards of aid or requires prior notification to the Commission of awards of aid:

(a)

if the total eligible costs are at least EUR 25 million and

—	the gross aid intensity is at least 50 %,

—	in areas which qualify for regional aid, the net aid intensity is at least 50 %; or

(b)	if the total gross aid amount is at least EUR 15 million

Yes

Aid No

XS 21/05

Member State

United Kingdom

Region

West Wales & The Valleys Objective 1 Region

Title of aid scheme or name of company receiving individual aid

Savari Research Trust

Legal basis

(1)	Industrial Development Act 1982 Regulation 1260/99 Regulation 2000/906 Structural Funds (National Assembly For Wales) Designation 2000

(2)	Welsh Development Act 1975 Revenue Guidelines Programme October 2003

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

GBP 458 801

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Yes

Date of implementation

From 1.1.2005

Duration of scheme or individual aid award

Until 31.12.2006

NB: As noted above, the Grant was committed prior to 31 December 2006. Payments against this commitment will, potentially (in line with N+2), continue until 31 December 2007

Objective of aid

Aid to SMEs

Yes

Economic sectors concerned

Limited to specific sectors

Yes

Other services (R&D)

Yes

Name and address of the granting authority

Name:

(1)	National Assembly For Wales

(2)	Welsh Developmemt Agency

Address:

(1)

C/O Welsh European Funding Office

Cwm Cynon Business Park, Mountain Ash CF45 4ER, United Kingdom

(2)

North Wales Division

Unit 7, Ffordd Richard Davies, St. Asaph Business Park, St Asaph, North Wales LL17 OL, United Kingdom

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

Aid No

XS 23/05

Member State

United Kingdom

Region

Merseyside

Title of aid scheme or name of company receiving individual aid

Motor Waste

Legal basis

The National Lottery Act 1993

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

GBP 0,3 million

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Yes

Date of implementation

From 22.12.2004

Duration of scheme or individual aid award

Until 31.12.2006 — The grant was committed prior to 31 December 2006. Payments against this commitment will potentially continue until 22 December 2007

Objective of aid

Aid to SMEs

Yes

Economic sectors concerned

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Name:

Big Lottery Fund [CRED Programme]

Address:

1 Plough Place, London EC4A 1DE, United Kingdom

[Administer by RSWT, The Kiln, Waterside, Mather Road, Newark, Nottinghamshire, NG24 1WT]

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

Aid No

XS 43/04

Member State

United Kingdom

Region

Wales

Title of aid scheme or name of company receiving individual aid

Accelerate Wales — Clusters

Legal basis

Welsh Development Agency Act 1975, as amended

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company

Aid scheme

Annual overall amount

GBP 878 592

Loans guaranteed

Individual aid

Overall aid amount

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Yes

Date of implementation

From .1.6.2004.

Duration of scheme or individual aid award

Until 31.5.2007

Objective of aid

Aid to SMEs

Yes

Economic sectors concerned

All sectors eligible for aid to SMEs

Limited to specific sectors

Yes

Motor vehicles

Yes

Name and address of the granting authority

Name:

Welsh Development Agency

Address:

Principality House,

The Friary,

Cardiff CF10 3FE

United Kingdom

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

23.12.2005

Official Journal of the European Union

C 327/17

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment

(2005/C 327/09)

(Text with EEA relevance)

Aid No

XE 6/04

Member State

Spain

Region

Galicia (Article 87(3)(a) region)

Title of aid scheme

Programme to promote the recruitment of unemployed persons under the Labora Programme: Young people with experience

Legal basis

Orden de 9 de marzo de 2004 por la que se establecen las bases reguladoras de los programas de incentivos a la contratación por cuenta ajena como medida de mejora de la empleabilidad de colectivos desfavorecidos, cofinanciados por el Fondo Social Europeo, y se procede a su convocatoria para el año 2004 (DOG no 60, 26.3.2004)

Annual expenditure planned under the scheme

Annual overall amount

EUR 3 million

Loans guaranteed

Maximum aid intensity

In conformity with Article 5 of the Regulation

Yes

Date of application

26.3.2004

Duration of scheme

Until 31.12.2006

Objective of aid

Art. 4

Creation of employment

Art. 5

Recruitment of disadvantaged and disabled workers

Yes

Art. 6

Employment of disabled workers

Economic sectors concerned

—	All Community sectors (1) eligible for employment aid

Yes

—	All manufacturing (1)

Yes

—	All services (1)

Yes

—

Other

Yes

Name and address of the granting authority

Name:

Xunta de Galicia

Consejería de Asuntos Sociales, Empleo y Relaciones Laborales. Dirección General de Empleo

Address:

Edificio Administrativo San Caetano

E-15771 Santiago de Compostela

Tel: 981544614 — Fax 981544678

anuel.gonzalez.torres@xunta.es

Other information

The aid scheme is co-financed by the ESF (Integrated Operational Programme for Galicia 2000-2006) (70 %) and own funds (30 %)

Aid subject to prior notification to the Commission

The measure excludes awards of aid or requires prior notification to the Commission of awards of aid in conformity with Article 9 of the Regulation

Yes

Aid No

XE 20/04

Member State

Germany

Region

Schleswig-Holstein

Title of aid scheme or name of company receiving individual aid

Promoting the creation and occupancy of additional jobs for Schleswig-Holstein's long-term unemployed (Schleswig-Holstein wage top-up — A 3)

Legal basis

Förderrichtlinie veröffentlicht im Amtsblatt Schl.-H. 2004, S. 838

Annual expenditure planned or overall amount of individual aid granted to the company

Annual overall amount

EUR 2 million

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

Yes

Date of implementation

1.11.2004

Duration of scheme or individual aid award

Until 31.12.2006

Objective of aid

Article 4:

creation of employment

Article 5:

recruitment of disadvantaged and disabled workers

Yes

Article 6:

employment of disabled workers

Economic sectors concerned

—	All Community sectors (2) eligible for employment aid

Yes

—	All manufacturing (2)

—	All services (2)

—

Others

Name and address of the granting authority

Name:

Beratungsgesellschaft für Beschäftigung in Schleswig-Holstein (BSH) mbH

Address:

Memellandstr. 2

D-24537 Neumünster

Other information

The scheme is partially financed with EU Objective 3 funds.

Aid subject to prior notification to the Commission

In conformity with Article 9 of the Regulation

Yes

(1) With the exception of the shipbuilding sector, and other sectors which are the subjects of special rules in regulations and directives governing all State aid within the sector.

(2) With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all State aid within the sector

23.12.2005

Official Journal of the European Union

C 327/19

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(2005/C 327/10)

(Text with EEA relevance)

Aid No: XT 30/02

Member State: Italy

Region: Molise

Title of aid scheme: Continuing training under Act No 236/93

Legal basis: DGR n. 1927, 10 settembre 2001‘Avviso pubblico — Formazione continua art. 9 L 236/93 circolare ministero del Lavoro e P.S: 92/2000, 29 dicembre 2000’

Annual expenditure planned under the scheme: No more than EUR 47 514

Maximum aid intensity:

Type of firm	Specific training		General training
Type of firm	Workers other than disadvantaged workers	Disadvantaged workers	Workers other than disadvantaged workers	Disadvantaged workers
Small enterprises	45 %	55 %	70 %	80 %
Medium-sized enterprises	45 %	55 %	70 %	80 %
Large enterprises	35 %	45 %	50 %	60 %

Date of implementation:

Duration of scheme: 12 months from the date approved

Objective of aid: The aid scheme covers general and specific training.

Economic sector(s) concerned: All sectors

Name and address of granting authority:

Regione Basilicata

dipartimento Cultura Formazione Lavoro e Sport

Corso Umberto, 28

I-85100 Potenza

Aid No: XT 88/04

Member State: The Netherlands

Region: Province of Flevoland

Name of company receiving grant: Center Parcs Europe N.V.

Legal basis: Subsidieverordening ESF doelstelling 1

Planned total of individual aid to be granted to the company: EUR 650 000. Cofinancing by Center Parcs Europe N.V.

Maximum aid intensity: 50 %

Date of implementation:

Duration of individual grant: until 31 December 2004

Purpose of grant: Training employees. General training.

The Social Fund for Residential Recreation (SFV) has submitted an application to the ESF for a project called ‘Programme of upgrading for De Eemhof, 2003-2004’) covered by the 2000 — 2006 Single Programming Document. The project is being implemented in a recreational park called De Eemhof (near Zeewolde), which is part of Center Parcs Europe N.V. (CPE).

The calibre of CPE's recreational services depends to a large extent on the calibre of its staff. They play a crucial role in the following spheres: improving the company's competitive position, innovation and growth, management of costs and quality, increasingly high expectations on the part of guests and staff, increasing emphasis on safety, working conditions and the environment, and, last but not least, the dynamic labour market. This calls for additional efforts to develop and invest in staff, the goal being competent, efficient and highly motivated staff who see the recreational sector as offering good prospects and come to view CPE as an employer which is prepared to invest in the future of its staff (preventing a high turnover by fostering staff loyalty). A high proportion of staff have low educational levels. New types of vocational training such as Levels 1 and 2 in Housekeeping, which can be taken on block or day release, will enable them to gain nationally accredited vocational qualifications. Other vocational qualifications and short courses train people for jobs in areas including catering, sales, call centres, and swimming pools, as well as for supervisory posts. Training is to be provided for about 1 200 staff members

Economic sector: All services; recreational sector

Name and address of the authority granting aid: Province of Flevoland, Postbus 55, 8200 AB, Lelystad, Nederland

23.12.2005

Official Journal of the European Union

C 327/20

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

Cases where the Commission raises no objections

(2005/C 327/11)

(Text with EEA relevance)

Date of adoption:

Member State: Spain (Madrid)

Aid No: N 121/2005

Title: ‘Aid to technological innovation in the biotechnology sector’

Objective: To booster the development of projects aiming to the technological development of products and processes linked to micro-organisms' biotechnology and bioprocesses, biotechnology of plants, human and animal biotechnology, horizontal developments and biomedicine (pharmaceutical research)

Legal basis: ‘Proyecto de Orden de la Consejería de Economía e Innovación Tecnológica por la que se regula la concesión de ayudas cofinanciadas por el Fondo Europeo de Desarrollo Regional para el fomento de la innovación tecnológica en el sector de la biotecnología de la Comunidad de Madrid’

Budget: EUR 12 million (EUR 4 million per year)

Intensity or amount:

Industrial research: up to 50 %.

Pre-competitive development activities: up to 25 %.

Viability studies prior to industrial research: up to 75 %.

Viability studies prior to pre-competitive development activities: up to 50 %.

All the bonuses foreseen in point 5.10 of the R&D Framework are potentially applicable

Duration: 1.1.2005 — 31.10.2007

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption:

Member State: Czech Republic

Aid No: N 232/2005

Title: Národní program výzkumu II. — části TP 1, TP 2, TP 3, TP 4, PP 1

Objective: Research and development — All sectors

Legal basis: Národní program výzkumu II. — části TP 1, TP 2, TP 3, TP 4, PP 1

Budget: CZK 7 067 000 000

Aid intensity or amount: 100 %, 50 %

Duration: 2006-2011

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption:

Member State: The Netherlands

Aid No: N 346/2005

Title: Subsidy scheme for innovative R&D programmes

Objective: Research and development — All sectors

Legal basis: Kaderwet EZ-subsidies

Budget: EUR 750 000 000

Aid intensity or amount: 100 % 50 % 25 %

Duration: End date: 1.10.2001

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Germany (Land of Bremen)

Aid No: N 570/2004

Title: Promotion of investment to set up a closed life cycle management; Prolongation of the scheme

Objective: Environmental protection; energy saving; disposal, recycling and utilisation of waste

Legal basis: Haushaltsordnung der Freien Hansestadt Bremen (LHO); Förderrahmen Ökologiefonds im Wirtschaftsstrukturpolitischen Aktionsprogramm (WAP) — Teilfonds „Förderung umweltgerechter Produktionsstrukturen“ — Richtlinie zur Förderung von Investitionen für den Aufbau einer Kreislaufwirtschaftsinfrastruktur

Budget: EUR 7,6 million per year; EUR 45,6 million in total

Aid intensity or amount: 30 %; 10 % SME-bonus (where applicable); 5 %-bonus in assisted areas (Article 87(3)(c) EC); a maximum of 15 % for SMEs adapting to compulsory Community standards

Duration: 1.1.2005 — 31.12.2010

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

23.12.2005

Official Journal of the European Union

C 327/23

(2005/C 327/13)

(Text with EEA relevance)

Aid No

XT 04/04

Member State

Italy

Region

Marche

Title of aid scheme or name of company receiving individual aid

Regional Operational Programme Marche 3 ESF 2000-06, Priority D, Measure 1 — Public notice on the presentation of projects for training young agricultural operators

Legal basis

Decreto del Dirigente del Servizio Formazione professionale e problemi del lavoro n. 13/FPR del 22.1.2004

Annual expenditure planned or overall amount of individual aid granted to the company

Aid scheme

Annual overall amount

EUR 78 750

Loans guaranteed

Individual aid

Overall aid amount

Loans guaranteed

Maximum aid intensity

In conformity with Article 4(2)-(6) of the Regulation

Yes

Date of implementation

22.1.2004

Duration of scheme or individual aid award

Until 31.12.2004

Objective of aid

General training

Yes

Specific Training

Economic sectors concerned

All sectors eligible for training aid

Limited to specific sectors

Yes

—	Agriculture

Yes

—	Fisheries and aquaculture

—	Coalmining

—	All manufacturing

Steel

Shipbuilding

Synthetic fibres

Motor vehicles

Other manufacturing

—	All services

Maritime transport services

Other transport services

Financial services

Other services

Name and address of the granting authority

Name:

Regione Marche — Servizio Formazione professionale e problemi del lavoro

Address:

Via Tiziano 44, I-60100 Ancona

Large individual aid grants

In conformity with Article 5 of the Regulation

The measure excludes awards of aid or requires prior notification to the Commission of awards of aid, if the amount of aid granted to one enterprise for a single training project exceeds EUR 1 million.

Yes

23.12.2005

Official Journal of the European Union

C 327/25

Notice of invitation to tender for the reduction in the import duty on sorghum originating in third countries

(2005/C 327/14)

I. SUBJECT

1.	A tendering procedure is opened for the reduction in the import duty on sorghum falling within CN code 1007 00 90 originating in third countries.

2.	The quantity for which the import duty may be reduced is 200 000 tonnes.

3.	This notice is published, and the tendering procedure conducted, in accordance with Commission Regulation (EC) No 2094/2005 (1).

II. TIME LIMITS

1.	The period during which tenders may be submitted in response to the first weekly invitation will begin on 30 December 2005 and expire at 10.00 on 5 January 2006.

For the subsequent weekly invitations to tender the period for the submission of tenders will start on Friday each week and end at 10.00 on the following Thursday.

This notice is published for the purposes of the present invitation to tender only. Until such time as it is amended or replaced, its terms will apply to each weekly award held during the period of validity of this invitation.

However, the submission of tenders will be suspended for weeks from 7 to 13 April 2006 and from 19 to 25 May 2006.

III TENDERS

Tenders must be submitted in writing and delivered no later than the dates and times indicated in Title II, either by personal delivery against a receiptor by electronic transmission, to the following address:

Fondo Español de Garantía Agraria (FEGA)

C/Beneficencia 8

E-28004 Madrid

e-mail: secreint@fega.mapya.es

fax (34) 91 521 98 32 or (34) 91 522 43 87]

Tenders not submitted by electronic transmissionmust be enclosed in two sealed envelopes, one being inserted inside the other. The inner envelope must be marked ‘Tender under invitation to tender for the reduction in the import duty on sorghum — Regulation (EC) No 2094/2005’.

Once submitted, no tender may be withdrawn before the Member State concerned has informed the tenderer of the result of the tender.

2.	The tender, as well as the proof and statement referred to in Article 6(3) of Commission Regulation (EEC) No 1839/95 (2), must be worded in the official language or one of the official languages of the Member State whose competent authority receives the tender.

IV. TENDERING SECURITY

The tendering security must be made out in favour of the competent authority concerned.

V. AWARD OF CONTRACTS

Award of the contract will establish:

(a)	the successful tenderer's entitlement to be issued, in the Member State in which the tender was submitted, with an import licence stating the reduction in the import duty mentioned in the tender for the quantity in offered;

(b)	the obligation to apply in the Member State referred to in point (a) for an import licence for that quantity.

(1) OJ L 335, 21.12.2005, p. 4.

(2) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 1558/2005 (OJ L 249 of 24.9.2005, p. 6).

23.12.2005

Official Journal of the European Union

C 327/26

Bureau d'intervention et de restitution belge (BIRB), Bruxelles

Belgisch Interventie- en Restitutiebureau (BIRB), Brussel

Státní zemědělský intervenční fond (SZIF), Prague

Direktoratet for FødevareErhverv, København

Bundesanstalt für Landwirtschaft und Ernährung (BLE), Bonn

Põllumajanduse Registrite ja Informatsiooni Amet (PRIA), Tartu

Service for the management of agricultural products (OPEKEPE), Athens

Fondo Español de Garantía Agraria (FEGA), Madrid

Office national interprofessionnel du lait et des produits laitiers (ONILAIT), Paris

Department of Agriculture and Food, Dublin

Agenzia per le erogazioni in agricoltura (AGEA), Roma

Cyprus Milk Industry Organisation, Nicosia

Lauku atbalsta dienests (LAD), Riga

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Vilnius

Service d'économie rurale (SER), Luxembourg

Mezőgazdasági és Vidékfejlesztési Hivatal (MVH), Budapest

Ministry for Rural Affairs and Environment, Valletta

Dienst Regelingen, Roermond

Agrarmarkt Austria (AMA), Wien

Agencja Rynku Rolnego, Warszawa

Instituto Nacional de Intervenção e Garantia Agrícola (INGA), Lisboa

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Ljubljana

Agricultural Paying Agency, Bratislava

Maa- ja metsätalousministeriö, Helsinki

Statens Jordbruksverk, Jönköping

Rural Payments Agency (RPA), Newcastle

Standing invitation to tender for the sale at reduced prices of butter by the intervention agencies and for the granting of aid for cream, butter and concentrated butter

(2005/C 327/15)

In accordance with Commission Regulation (EC) No 1898/2005 (1), the intervention agencies mentioned above issue a standing invitation to tender for:

(a)	the sale at reduced prices of intervention butter bought in under Article 6(2) of Regulation (EC) No 1255/1999 and intended for use in the manufacture of pastry products, ice-cream and other foodstuffs defined as ‘final products’ in Article 4(1) of Regulation (EC) No 1898/2005;

(b)	the grant of aid for using butter, concentrated butter and cream intended for use in manufacture of pastry products, ice-cream and other foodstuffs defined as ‘final products’ in Article 4(1) of Regulation (EC) No 1898/2005,

(c)	the granting of aid for concentrated butter intended for direct consumption in the Community;

The time limit for the submission of tenders for the first individual award procedure shall be 10 January 2006 at 11:00 Brussels time. The detailed conditions for this procedure have been fixed by the intervention agencies in question. Interested parties within the Community can take notice hereof on one of the following addresses:

Bureau d'intervention et de restitution belge (BIRB)

Belgisch Interventie- en Restitutiebureau (BIRB)

Rue de Trèves 82/Trierstraat 82

B-1040 Bruxelles/Brussel

Tél./Tel. (32-2) 287 24 11

Télécopieur/Fax (32-2) 230 25 33/(32-2) 281 03 07

Státní zemědělský intervenční fond (SZIF)

Ve Smečkách 33

CZ-110 00, Prague 1

Tel: +420 222 871 426, +420 222 871 678,

Fax: +420 296 806 400

Ministeriet for Fødevarer, Landbrug og Fiskeri

Direktoratet for FødevareErhverv, Animalsk Kontor

Nyropsgade 30

DK-1780 København V

Tlf. (45) 33 95 80 00

Fax (45) 33 95 80 34

Bundesanstalt für Landwirtschaft und Ernährung (BLE)

Deichmanns Aue 29

D-53179 Bonn

Tel. 49 1888 6845-0

Fax 49 1888 6845 3444

E-mail: u42307@ffm.ble.bund400.de

Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

Narva mnt 3

Tartu EE-51009

Tel: +37 2731 353

Fax: +37 2731 389

OPEKEPE — Direction Dilizo

Rue Acharnon 241

GR-10176 Athènes

Tel. (30-10) 212 49 03/ 212 49 11

Fax (30-10) 86 70 503

Fondo Español de Garantía Agraria (FEGA)

Calle Beneficencia, 8

E-28004 Madrid

Tel. (34) 913 47 46 00

Fax (34) 91 5219832, 91 5224387 and 91 3476387

Office national interprofessionnel du lait et des produits laitiers (ONILAIT)

2, Rue Saint-Charles

Division Marché Intérieur

F-75740 Paris Cedex 15

Téléphone (33-1) 73 00 51 01

Télécopieur (33-1) 73 00 53 96

Unité de stockage: Téléphone (33-1) 73 00 52 41

Télécopieur (33-1) 73 00 53 93

Department of Agriculture and Food

Johnstown Castle Estate

Wexford

Ireland

Tel. (353) 53 63 400

Fax (353) 53 42 843

AGEA — Agenzia per le erogazioni in agricoltura

Via Salandra, 18

I-0187 Roma

Tel. (39) 06 49 49 95 42

Fax (39) 06 49 49 97 51

Cyprus Milk Industry Organisation

6 Amfipoleos street — P.O. Box 22418

CY-1521 Nicosia

Tel: +357 22 748000

Fax: +357 22 748261

Lauku atbalsta dienests (LAD)

Republikas laukums 2

Riga, LV 1981

Tel: +371 7027542

Fax: + 371 7027120

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra

L. Stuokos-Gucevičiaus g. Nr. 9

LT-01122 Vilnius

Tel. +37052685050

Fax. +37052685061

E-mail: info@litfood.lt

Service d'économie rurale — Section de l'économie laitière

115, Rue de Hollerich

L-1741 Luxembourg

Téléphone (352) 478 25 80

Télécopieur (352) 49 16 19

Mezőgazdasági és Vidékfejlesztési Hivatal

Alkotmány u. 29.

1054 Budapest — Hungary

Phone: 00 36-1-219-45-00 and 00 36-1-219-49-00, also 00 36-1-475-21-00 and 00 36 1 374-36-00.

Fax: 00 36-1-219-45-11 and 00 36-1-219-45-12, also 00 36-1-475-21-14.

E-mail: ugyfelszolgalat@mvh.gov.hu

Ministry for Rural Affairs and Environment

Barriera Wharf

Valletta — CMR 02

Tel: +356 2295 2228

Ministerie van Landbouw, Natuur en Voedselkwaliteit (Dienst Regelingen)

Slachthuisstraat 71

Postbus 965

6040 AZ Roermond, Nederland

Tel. (31-475) 35 54 44

Fax (31-475) 31 89 39

Agrarmarkt Austria

Dresdner Straße 70

A-1201 Wien

Tel. (43-1) 331 51

Fax. (43-1) 331 51 396

Agencja Rynku Rolnego

Nowy Świat 6/12

PL-00-400 Warszawa

Tel: +4822 661-79-79

Fax: +4822 661-78-85

Instituto Nacional de Intervenção e Garantia Agricola

Rua Fernando Curado Ribeiro, 4-G

P-1649-034 Lisboa

Tel. (351) 21 751 85 00

Fax (351) 21 751 86 00

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja

Dunajska cesta 160

SI-1000 Ljubljana

Tel: +386 1 478 9233

Fax: +386 1 478 9200

Agricultural Paying Agency

Dobrovičova 12

812 66 Bratislava

Tel: +421 2 59 266 268; +421 2 59 266 267

Fax: +421 2 59 266 329; +421 2 59 266 256

Maa- ja metsätalousministeriö, Interventioyksikkö

PO Box 30

FIN-00023 Helsinki

Puhelin (358-9) 160 01

Faksi (358-9) 160 52 202

Statens jordbruksverk

Vallgatan 8

S-55182 Jönköping

Tfn (46-36) 15 50 00

Fax (46-36) 71 95 11

Rural Payments Agency (RPA)

Lancaster House

Hampshire Court

Newcastle Upon Tyne NE4 7YH

United Kingdom

Tel. (44-191) 226 50 58

Fax (44-191) 226 58 32

(1) OJ L 308, 25.11.2005, p. 1.

		ISSN 1725-2423
Official Journal of the European Union		C 327

English edition	Information and Notices	Volume 48 23 December 2005

Notice No	Contents	page
	I Information
	Council
2005/C 327/1	Notification by the Slovak Republic concerning visa reciprocity	1

2005/C 327/2	Notification by the Republic of Estonia concerning visa reciprocity	2

2005/C 327/3	Recommendation of the EU/Tunisia Association Council of 4 July 2005 on the implementation of the EU/Tunisia Action Plan	3

2005/C 327/4	European Union Guidelines on promoting compliance with international humanitarian law (IHL)	4

2005/C 327/5	Council Decision of 12 December 2005 appointing the President of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)	8

	Commission
2005/C 327/6	Euro exchange rates	9

2005/C 327/7	Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises ( 1 )	10

2005/C 327/8	Extract of reorganisation measure decided on pursuant to Article 3(1) and (2) of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions	15

2005/C 327/9	Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment ( 1 )	17

2005/C 327/0	Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid ( 1 )	19

2005/C 327/1	Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections ( 1 )	20

2005/C 327/2	Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises ( 1 )	22

2005/C 327/3	Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid ( 1 )	23

	III Notices
	Commission
2005/C 327/4	Notice of invitation to tender for the reduction in the import duty on sorghum originating in third countries	25

2005/C 327/5	Standing invitation to tender for the sale at reduced prices of butter by the intervention agencies and for the granting of aid for cream, butter and concentrated butter	26