ISSN 1725-2423

Official Journal

of the European Union

C 83

European flag  

English edition

Information and Notices

Volume 49
6 April 2006


Notice No

Contents

page

 

I   Information

 

Commission

2006/C 083/1

Euro exchange rates

1

2006/C 083/2

Prior notification of a concentration (Case COMP/M.4151 — Orica/Dyno) ( 1 )

2

2006/C 083/3

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 )

3

2006/C 083/4

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

10

2006/C 083/5

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Imposition of public service obligations on scheduled air services within Italy

12

2006/C 083/6

Prior notification of a concentration (Case COMP/M.4160 — ThyssenKrupp/EADS/Atlas) ( 1 )

14

 


 

(1)   Text with EEA relevance

EN

 


I Information

Commission

6.4.2006   

EN

Official Journal of the European Union

C 83/1


Euro exchange rates (1)

5 April 2006

(2006/C 83/01)

1 euro=

 

Currency

Exchange rate

USD

US dollar

1,2262

JPY

Japanese yen

144,16

DKK

Danish krone

7,4629

GBP

Pound sterling

0,70060

SEK

Swedish krona

9,3584

CHF

Swiss franc

1,5791

ISK

Iceland króna

88,90

NOK

Norwegian krone

7,8865

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5760

CZK

Czech koruna

28,568

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

266,23

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9733

RON

Romanian leu

3,5172

SIT

Slovenian tolar

239,62

SKK

Slovak koruna

37,519

TRY

Turkish lira

1,6378

AUD

Australian dollar

1,6921

CAD

Canadian dollar

1,4240

HKD

Hong Kong dollar

9,5145

NZD

New Zealand dollar

2,0012

SGD

Singapore dollar

1,9722

KRW

South Korean won

1 173,90

ZAR

South African rand

7,4194

CNY

Chinese yuan renminbi

9,8238

HRK

Croatian kuna

7,3350

IDR

Indonesian rupiah

11 054,19

MYR

Malaysian ringgit

4,503

PHP

Philippine peso

62,640

RUB

Russian rouble

33,7950

THB

Thai baht

46,978


(1)  

Source: reference exchange rate published by the ECB.


6.4.2006   

EN

Official Journal of the European Union

C 83/2


Prior notification of a concentration

(Case COMP/M.4151 — Orica/Dyno)

(2006/C 83/02)

(Text with EEA relevance)

1.

On 28 March 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 22 of Council Regulation (EC) No 139/2004 (1) by which Orica Investments Pty Limited (‘Orica’, Australia) controlled by Orica Limited acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the Dyno Nobel ASA (‘The Target Companies’, Norway) by way of purchase of shares and assets.

2.

The business activities of the undertakings concerned are:

for Orica: manufacture and supply of mining-related products and services, fertilisers, paints, surface coatings, industrial and specialty chemicals;

for The Target Companies: manufacture and supply of explosives and initiating systems and related ancillary 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.4151 — Orica/Dyno, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels


(1)  OJ L 24, 29.1.2004, p. 1.


6.4.2006   

EN

Official Journal of the European Union

C 83/3


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

(2006/C 83/03)

(Text with EEA relevance)

Aid No

XT 56/01

Member State

Belgium

Region

Flanders

Title of aid scheme or name of company receiving individual aid

Decree of the Flemish Government establishing the detailed conditions and rules under which subsidies are granted for continuing education and training for employees and firms, Leverage Credit — Training section

Legal basis

Decreet van 8 december 2000 houdende diverse bepalingen, inzonderheid artikel 16

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

The amounts differ according to the budget year. For the period 2002-2006, an annual (indicative) amount of EUR 6 to 9 million is provided from the Flemish budget, or on average EUR 7,5 million a year.

As regards aid from the ESF, an average annual (indicative) amount of EUR 4 million is provided for the period 2002-2006

Maximum aid intensity

The maximum aid intensity (the total official aid from the Member State and the European Union) for training projects is determined on the basis of Commission Regulation (EC) No 68/2001 and the provisions of Article 29(3)(b) of Council Regulation (EC) No 1260/1999.

The ceilings are as follows:

Commission Regulation (EC) No 68/2001: maximum aid intensity (i.e. EU and Flemish aid combined) for training with respect to the subsidised basis:

 

SMEs

Large enterprises

General training

70 %

50 %

These intensities may be increased by 5 percentage points for assisted areas covered by Article 87(3)(c) of the Treaty.

Council Regulation (EC) No 1260/1999, Article 29(3)(b):

The permitted ESF aid amounts to a maximum of 50 % of the total eligible cost and, as a general rule, at least 25 % of eligible public expenditure

Date of implementation

The measure was approved by the Flemish Government on 27 September 2002

Duration of scheme or individual aid award

Until 31 December 2006

Objective of aid

Firms may request a subsidy only for general training of employed persons; specific training is not eligible. The definitions of ‘general’ and ‘specific’ training in 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 are applicable.

Training measures should be aimed at adapting employees and self employed persons to rapid development and change in business and/or society. They must concern at least 10 participants and provide for training of at least 8 hours per participant.

Projects are ranked according to an assesment in which cumulative bonus points are granted on the basis of various selection criteria, including targeting of vulnerable groups, sustainable business, ICT, ‘bottleneck vacancies’. A maximum of 21 bonus points may be earned. Depending on the available budgets, the highest ranked are selected

Economic sectors concerned

All sectors

Name and address of the granting authority

Name:

ESF-Agentschap

Ministerie van de Vlaamse Gemeenschap

Address:

Markiesstraat 1

B-1000 Brussels

Other information

The Leverage Credit — Training decree, approved by the Flemish Government on 28 September 2001 is abolished and replaced by the new decree approved by the Flemish Government on 27 September 2002.

The amendments which were made in the new proposal are rather limited in scope. Basically, they concern a better concept of vulnerable groups, the restriction of the scheme to general training, an amendment of the consultation procedure for subregional employment committees and a review of the system of bonus points


Aid number

XT 59/02

Member State

Italy

Region

Veneto

Title of aid scheme

Aid scheme operated by the individual Chambers of Commerce of the Veneto for the training of employees of SMEs in that region

Legal basis

Delibere e/o provvedimenti delle CCIAA e/o delle loro aziende speciali, Unione regionale e del loro Centro estero, che contemplano precisa indicazione del Regolamento comunitario di esenzione in parola.

Annual expenditure planned under the scheme

EUR 1 841 504

If this total expenditure were to increase by more than 20 % before the end of 2006, the Chambers undertake formally to notify the modification of the scheme to the Commission

Maximum aid intensity

In accordance with the ceilings laid down in Article 4 of Regulation (EC) No 68/2001, the aid will not exceed:

a)

35 % for specific training given to employees of SMEs

b)

70 % for general training given to employees of SMEs

c)

35 % where it is not possible to distinguish between specific and general training.

In any case, aid granted to any single initiative will never exceed EUR 200 000, and there will be no individual aid grant approaching the figure of EUR 1 million, in accordance with Article 5 of Regulation (EC) No 68/2001

Date of implementation

From the date of transmission of this notice.

Duration of scheme

Until 31 December 2006.

Objective of aid

The scheme concerns both general and specific training under the terms, criteria and conditions laid down in Article 2 of Regulation (EC) No 68/2001.

The general training will cover all sectors and the following subjects:

1.

business administration and finance,

2.

business organisation,

3.

information technology including use of the Internet and e-business,

4.

quality, environment and safety,

5.

marketing,

6.

logistics,

7.

human resources management and communications,

8.

customer management.

There will be some refresher courses for people in certain skilled trades (e.g. beauticians, goldsmiths, photographers)

Economic sector(s) concerned

All SMEs in the Veneto, without distinction, are eligible for this scheme, including those listed in Annex I to the EC Treaty.

Name and address of granting authority

Name:

Chambers of Commerce, Industry, Agriculture and Crafts (CCIAA) in the Veneto (1).

Coordinating office: for this subject the Unione Regionale delle Camere di Commercio del Veneto

Address:

via Sansovino 9

I-30173 Mestre (VE)

tel. (39-41) 258 16 66

fax (39-41) 258 16 00

e-mail europa@eicveneto.it.


Aid number

XT 1/03

Member State

Belgium

Region

Flanders

Title of aid scheme

Promotion of training for workers:

the scheme applies to specific groups of employees who are following a training course at the request of their employer;

the employers are partly exempt from payment of certain training costs;

this applies only to general training carried out by the VDAB on its own account

Beneficiary

What categories of employees are eligible for this partial exemption?

1.

Workers at risk, if they undergo training within six months of their recruitment. Workers at risk are:

workers who were unemployed for at least 12 months before taking up their employment;

workers who were in receipt of income support for at least six months before taking up their employment;

workers who when they took up their employment were registered with the Rijksfonds voor sociale reclassering van mindervaliden (National Fund for the Social Rehabilitation of the Disabled);

workers under 18 who are in compulsory part-time education;

workers over 18 who do not have a higher secondary school leaving certificate;

workers who for three years prior to taking up their employment had no income, did not engage in a professional activity, had interrupted their professional activity for three years or had never engaged in a professional activity.

2.

Workers threatened with unemployment:

in the case of collective redundancies,

in the case of individual dismissal,

if they work for a firm in difficulty, (2) if they work for a firm undergoing restructuring  (3)

3.

Workers belonging to companies with 25 workers or fewer.

workers from companies with fewer than 10 workers

workers from companies with between 10 and 25 workers

4.

Workers who are no longer able to carry out their present duties for medical reasons

Legal basis

Wijziging van het besluit van de Vlaamse regering van 21-12-1988 houdende de organisatie van de arbeidsbemiddeling en de beroepsopleiding.

Deze besluitswijziging wordt voorgelegd aan de Vlaamse regering op 6-12-2002.

Annual expenditure planned under the scheme

Between EUR 800 000 and EUR 1,5 million a year

Maximum aid intensity

For the training of their employees, the VDAB's employer customers are charged only the costs of the trainer, the material, and depreciation of the equipment. It is on the basis of these costs that the allowance, as mentioned in the amendment to the decision, is calculated.

The other costs, that do qualify as training costs (cf. Regulation (EC) No 68/2001), are in any case met by the employer.

The intensity of the aid varies according to the target group, but on the basis of various simulations it has never proved to be more than 50 %. The simulations always assumed the highest possible contribution from the VDAB and the minimum wage for an employee in the sector according to the collective labour agreement.

most expensive VDAB training: aid intensity: 49,03 % (representing only 0,13 % of turnover)

the most common training: aid intensity: 44,44 % (representing 18,45 % of turnover)

In this decision the ‘highest possible VDAB contribution’ usually applies in specific cases where the employee can often be regarded ‘de facto’ as unemployed (collective redundancies, individual dismissal, unable to continue in his present duties for medical reasons); in the other cases the VDAB contribution is lower by a half.

Moreover: under the terms of the Regulation, aid of up to 50 % is allowed for large undertakings, while the VDAB is primarily concerned with specific target groups and SMEs, for which the same Regulation allows a higher percentage.

If the rate of support were still to be higher than that stipulated in the Regulation, the decision provides for the limiting of the aid percentage to the maximum allowed

Date of implementation

1 January 2003

Duration of scheme

30 June 2007

The rules are laid down in a decision of the Flemish Government and are not subject to a time limit. In theory, the rules will continue to apply after the date given unless modified by the Flemish Government by decree. If requested we will adapt the measures to the Regulation which will take effect after 31 December 2006

Objective of aid

One of the tasks of the VDAB is to provide training for workers at the request of their employer in return for payment.

In order to promote training for certain groups of workers their employer is offered a grant. This grant applies only to the general training provided by the VDAB.

The VDAB offers a very wide range of training. At the present time we are offering 1 622 training courses over the whole of Flanders. A complete list is available at www.vdab.be/opleidingen

Economic sector(s) concerned

All sectors can make use of these aid measures.

Name and address of the granting authority

Name:

Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding (VDAB)

Keizerslaan 11

B-1000 Brussels

Address:

Contact person:

Frank Roegiest

Dienst betalende opleidingen

Keizerslaan 11

B-1000 Brussels

tel. (32-2) 506 15 78

fax (32-2) 506 15 15

e-mail: froegies@vdab.be


Aid No

XT 89/04

Member State

 Italy

Region

 Autonomous Province of Trento

Title of aid scheme

Financing for training measures for workers in employment in implementation of Article 6(4) of Act No 53/2000 — year 2004

Legal basis

Deliberazione della Giunta Provinciale n. 2410 di data 22/10/2004 pubblicata sul Bollettino della Regione Trentino Alto Adige del 2/11/04 n 44 supp.1.

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

Aid scheme

Annual overall amount year 2004

EUR 522 301,09 (EUR 0,52 million)

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

From 2 November 2004

Duration of scheme or individual aid award

Until 31 December 2004

Objective of aid

General training

Yes

Specific training

Yes

Economic sectors concerned

All sectors eligible for training aid

Yes

Name and address of the granting authority

Name:

Provincia Autonoma di Trento — Dipartimento Politiche Sociali e del Lavoro — Ufficio Fondo Sociale Europeo

Address:

via Giusti, 40

I-38100 Trento

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

 


Aid No

XT 90/04

Member State

 Italy

Region

 Autonomous Province of Trento

Title of aid scheme

Financing of training projects for staff of firms (including business people and managers) Measure D1 of the European Social Fund — year 2004

Legal basis

Deliberazione della Giunta Provinciale n. 2409 di data 22/10/2004 (pubblicata sul Bollettino della Regione Trentino Alto Adige del 2/11/04 n.44 sup.1)

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

Aid scheme

Annual overall amount 2004

EUR 3,43 million

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

From 2 November 2004

Duration of scheme or individual aid award

Until 31 December 2004

Objective of aid

General training

Yes

Specific training

Yes

Economic sectors concerned

All sectors eligible for training aid

Yes

Name and address of the granting authority

Name:

Provincia Autonoma di Trento — Dipartimento Politiche Sociali e del Lavoro — Ufficio Fondo Sociale Europeo

Address:

via Giusti, 40

I-38100 Trento

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

 


(1)  This concerns the Chambers of Commerce, Industry, Agriculture and Crafts (CCIAA) of Venice, Verona, Belluno, Vicenza and Treviso, directly or indirectly via their special agencies, the Regional Union and their External Centre. The Chambers of Padua and Rovigo do not grant aid under this Regulation at the moment.

(2)  Firm in difficulty: an undertaking which in the annual accounts for the two financial years preceding the date of the application for recognition for tax purposes records a loss from ordinary activities, when for the last financial year this loss is greater than the amount of write-downs and depreciation for start-up costs on intangible and tangible assets.

(3)  Firm undergoing restructuring: an undertaking which, in accordance with the procedure laid down in collective labour agreement No. 24 of 20 October 1975 concerning the procedure for informing and consulting workers' representatives in the matter of collective redundancies and in the Royal Decree of 24 May 1976 on collective redundancies, is carrying out collective redundancies; an undertaking which, in application of the provisions of Article 51 of the law of 3 July 1978 on contracts of employment, during the year preceding the application for recognition, has experienced a number of days of unemployment at least equal to 20 % of the total number of days declared for workers to the Rijksdienst voor Sociale Zekerheid (National Social Security Office); an undertaking in a situation which could lead to collective redundancies as specified in the first provision but which has not in fact implemented the redundancies, provided it can show that by the granting of a derogation the dismissal of the workers involved can be avoided.


6.4.2006   

EN

Official Journal of the European Union

C 83/10


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

Cases where the Commission raises no objections

(2006/C 83/04)

(Text with EEA relevance)

Date of adoption of the decision:

Member State: Czech Republic

Aid No: N 63/2005

Title: Programme for energy economies and use of alternative fuels in the transport sector

Objective: Protection of the environment; improving energy efficiency

Legal basis: Zákon č. 406/2000 Sb. o hospodaření energií; nařízení č. 63/2002 Sb. o pravidlech pro poskytování dotací ze státního rozpočtu na podporu hospodárného nakládání s energií a využívání jejích obnovitelných a druhotných zdrojů; program úspor energie a využití alternativních paliv v dopravě ze dne 18. srpna 2004

Budget: CZK 278 317 000

Aid intensity or amount: measures 1 and 3 to 5 under measure 1 are not aid; 30 % for measure 2; 50 % for measure 5, under measure 2

Duration: Single payment

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: Czech Republic

Aid No: N 323/2004

Title: State guarantee for the purpose of financing the purchase of railway rolling stock by Česke Dráhy (Czech Railways)

Objective: To facilitate the purchase of new passenger rolling stock by Česke Dráhy (Czech Railways)

Legal basis: Zákon o poskytnutí státní záruky České republiky na zajištění úvěru poskytnutého společností EUROFIMA za účelem financování nákupu kolejových vozidel

Budget: The State guarantee will be granted to cover a loan up to EUR 45 million, including interest and charges from the company of EUROFIMA

Aid intensity or amount: The amount covered by the State guarantee is 95 % of the loan, the remaining 5 % is covered by Czech Railways own resources

Duration: The State guarantee will remain valid until 31 December 2019 at the latest

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: France (Martinique)

Aid No: N 421/2005

Title: France Martinique 2000-06 — Interest-rate subsidy — Second amendment to scheme N 378/2000

Objective: Aid for SMEs — Regional aid

Budget: EUR 3,26 million (no change from first amendment December 2004 — N 359/04)

Aid intensity or amount: Variable, not exceeding regional rates (75 %)

Duration: From 31.12.2006

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: United Kingdom

Aid No: N 503/2005

Title: Outer Harbour Great Yarmouth

Objective: Maritime transport

Legal basis: Great Yarmouth Outer Harbour Act 1986 and Revision Order 2005

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: Greece, Attiki region

Aid No: Ν 511/03

Title: Aid for the construction of a Pipeline. Modification of the approved aid amount in case N 527/02

Objective: Creation of a pipeline for ensuring a secure and environmental-friendly fuel supply of the New Athens International Airport

Legal basis: Νόμος 3054/2002

Budget: Total investment costs 22 227 186 EUR instead of 21 341 659 EUR (i.e. an increase of 4,1 %)

Aid intensity or amount: Aid intensity 35 % gross,

Aid amount 7 779 515,10 EUR instead of the formerly approved 7 469 581 EUR (i.e. an increase of 4,1 %) 50 % of this aid will be financed by Greece

Other information: Aid compatible with the EC Treaty on the basis of Article 87(3)(a) EC

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: Netherland

Aid No: N 569/2004

Title: Aid scheme for conversion of the European Train Control System (ETCS) for freight locomotives

Objective: To provide financial assistance towards the costs of fitting ETCS in the first freight locomotives of a series that are going to use the new Betuwe Route

Legal basis: Regeling, houdende bepalingen voor de subsidiëring van ombouw en typekeuring van ETCS in goederenlocomotieven

Budget: EUR 5 million

Aid intensity or amount: 50 % of the eligible costs

Duration: 2005-2007

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/


6.4.2006   

EN

Official Journal of the European Union

C 83/12


Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Imposition of public service obligations on scheduled air services within Italy

(2006/C 83/05)

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, in accordance with the decisions taken at the Interdepartmental Conference chaired by the Region of Liguria, the Italian Government has decided to impose public service obligations on scheduled air services on the following route:

1.   Route concerned

Albenga — Rome and vice versa

1.1.

By virtue of Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, as amended by Commission Regulation (EC) No 793/2004, the competent authorities may reserve certain slots for the performance of services under the arrangements specified in this notice.

2.   The public service obligations in question are as follows:

2.1   Minimum frequency:

The minimum frequency on the above route is as follows:

 

2 daily outward flights and 2 daily return flights from Monday to Friday throughout the year.

 

1 outward flight Albenga — Rome on Saturday morning throughout the year.

 

1 return flight Rome — Albenga on Sunday evening throughout the year.

The entire capacity of each aircraft must be offered for sale under the terms of the public service obligations with no quotas.

2.2.   Timetables:

Albenga — Rome from Monday to Friday:

1 flight leaving between 06.30 and 07.30

1 flight leaving between 17.00 and 18.00

Albenga — Rome on Saturday:

1 flight between 06.30 and 07.30

Rome — Albenga from Monday to Friday:

1 flight leaving between 08.30 and 9.30

1 flight leaving between 19.00 and 20.00

Rome — Albenga on Sunday:

1 flight leaving between 19.00 and 20.00

2.3.   Type and capacity of aircraft used

The services must be operated with a pressurised twin-turboprop or twin-jet aircraft having a seating capacity of at least 40 on the Albenga-Rome route and at least 40 on the Rome — Albenga route

Should the market so require, more capacity shall be offered by introducing additional flights which shall not give rise to extra compensation. The carrier which accepts the public service obligations shall, subject to safety considerations which may justify denied boarding, take all necessary measures to facilitate the carriage of disabled passengers and passengers with reduced mobility.

2.4.   Fares

a)

The maximum fares to be applied on each route are as follows:

 

Albenga — Rome EUR 78,00

 

Rome — Albenga EUR 78,00

All the above fares are net of VAT, airport taxes and charges, and no form of surcharge may be levied.

At least one form of ticket distribution and sale must be provided which is entirely free of charge and places no additional economic burden on passengers.

All the passengers travelling on the route Albenga — Rome and vice versa shall be entitled to the above fares.

b)

Every year the competent authorities will adjust the maximum fares in accordance with the rate of inflation of the previous year calculated on the basis of the ISTAT/FOI general index of consumer prices. Adjustments must be notified to all carriers operating the services in question, and to the European Commission for publication in the Official Journal of the European Union.

c)

If the average recorded in each half-year of the euro/US dollar exchange rate and/or the cost of fuel changes by more than 5 %, fares must be adjusted in proportion to the change recorded and in proportion to the share of flight costs represented by fuel.

Six-monthly fare adjustments are made, where appropriate, by the Minister for Infrastructure and Transport, in agreement with the President of the Region of Liguria, on the basis of a report by a Joint Technical Committee composed of one representative appointed by the ENAC and one representative appointed by the Region of Liguria, which must consult the carriers operating the routes concerned.

Any adjustment will enter into force as of the next half-year.

Adjustments shall be notified to all carriers operating the services in question, and to the European Commission for publication in the Official Journal of the European Union.

Continuity of services

For the purpose of guaranteeing the continuity, regularity and punctuality of the services, the carriers which accept the public service obligations must:

guarantee the service for at least 12 consecutive months, and must not suspend it without at least six months' notice;

ensure that their conduct vis-à-vis users conforms to the principles set out in the Charter of Passengers' Rights, so as to comply with the relevant national, Community and international regulations;

provide a performance security for the purpose of guaranteeing the correct performance and continuation of the service. The security shall amount to at least EUR 800 000,00 and must be guaranteed by an insurance surety payable to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure the continuation of the services concerned.

operate at least 98 % of the flights scheduled in any year, with a maximum cancellation margin of 2 % for reasons directly attributable to the carrier, excluding cases of force majeure;

pay the regulatory body a penalty of EUR 3 000,00 for every flight cancelled in excess of the 2 % limit. The sums received in this connection will be allocated to the territorial continuity heading of Albenga's municipal budget.


6.4.2006   

EN

Official Journal of the European Union

C 83/14


Prior notification of a concentration

(Case COMP/M.4160 — ThyssenKrupp/EADS/Atlas)

(2006/C 83/06)

(Text with EEA relevance)

1.

On 29 March 2006, 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 ThyssenKrupp Technologies AG (‘TKT’, Germany), belonging to the ThyssenKrupp AG, and EADS Deutschland GmbH (‘EADS’, Germany), belonging to EADS N.V., acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Atlas Elektronik GmbH (‘Atlas’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

for TKT: steel, industrial goods (including design, supply and repair of submarines and vessels) and services;

for EADS: aerospace and defence technology;

for Atlas: electronic naval systems.

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.4160 — ThyssenKrupp/EADS/Atlas, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels


(1)  OJ L 24, 29.1.2004, p. 1.