25.7.2006   

EN

Official Journal of the European Union

C 172/1

—

the strategic goal set for the European Union by the Lisbon European Council of 23-24 March 2000 and reaffirmed by the Stockholm European Council of 23 and 24 March 2001to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion;

—

the mandate from the Lisbon European Council to the Education Council to undertake a general reflection on the concrete future objectives of education systems, focusing on common concerns and priorities while respecting national diversity  (1);

—

the Council Resolution of 14 February 2002 on the promotion of linguistic diversity and language learning (2) which emphasised, amongst other things, that:

and which invited the Member States to set up systems of validation of competence in language knowledge based on the Common European Framework of Reference for Languages developed by the Council of Europe;

—

the Barcelona European Council conclusions of 15-16 March 2002 (3), which:

—

the Council conclusions on new indicators in the fields of education and training of May 2005 (5)

—

the Communication from the Commission to the European Parliament and the Council entitled The European Indicator of Language Competence  (6);

—

the draft recommendation of the European Parliament and of the Council on key competences for lifelong learning (7), which defines communication in a foreign language as a key competence;

—

the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled A New Framework Strategy for Multilingualism  (8),

—

foreign language skills, as well as helping to foster mutual understanding between peoples, are a prerequisite for a mobile workforce and contribute to the competitivity of the European Union economy;

—

periodic monitoring of performance through the use of indicators and benchmarks is an essential part of the Lisbon process, allowing good practice to be identified with a view to providing strategic guidance and steering for both short and long term measures of the ‘Education and Training 2010’ work programme;

—

measures are needed to remedy the current absence of reliable comparative data on the outcomes of foreign language teaching and learning;

—

such measures must be based upon the gathering of data through objective tests of language skills, developed and administered in such a way as to ensure the reliability, accuracy and validity of those data;

—

such data have the potential to help identify and share good practice in language education policies and language teaching methods through an enhanced exchange of information and experience;

—

Member States need a clearer picture of the practical and financial arrangements they will each need to make in order to implement the European Indicator of Language Competence;

—

the development of the Indicator should fully respect the responsibility of Member States for the organisation of their education systems and should not impose undue administrative or financial burdens on the organisation and institutions concerned;

—

the method for data-gathering should take account of previous work in the field at international, Union and Member State level, and be devised and implemented in a cost-effective manner;

—

the European Indicator of Language Competence shall be put in place as soon as possible, in accordance with the following terms of reference:

—

set up, at the earliest opportunity, an Advisory Board (the ‘EILC Advisory Board’) composed of a representative of each Member State and one representative of the Council of Europe, whose mandate shall be to advise the Commission on technical matters, such as:

—

in order to assist Member States to define the organisational and resource implications for them, give this Board the initial task of bringing forward a timetable for the work and a more detailed description of the construction and administration of the tests, including:

—

report back in writing to the Council by the end of 2006 on the progress of work and, if appropriate, on any issues outstanding;

—

take all necessary steps to carry forward the process of establishing the EILC.

25.7.2006   

EN

Official Journal of the European Union

C 172/4

25.7.2006   

EN

Official Journal of the European Union

C 172/5

1.

On 13 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Fogeca Multiauto S.A. (‘Fogeca’, Portugal) and Mapfre Mutualidad de Seguros (‘Mapfre’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a joint venture (‘JV’, Spain) by way of purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

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.4283 — Fogeca/Mapfre/JV, to the following address:

25.7.2006   

EN

Official Journal of the European Union

C 172/6

European Commission

Directorate-General for Competition

Consultation (HT 364)

State aid Registry

B-1049 Brussels

Fax (32-2) 296 12 42

E-mail: stateaidgreffe@ec.europa.eu

(1)

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 (3), 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 for small and medium-sized enterprises (4) and Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (5) will expire on 31 December 2006. In its State Aid Action Plan (6) the Commission has proposed to regroup these Regulations, in one single block exemption Regulation and possibly add other areas mentioned in Article 1 and 2 of Regulation (EC) No 994/98.

(2)

The content of the future block exemption Regulation depends in particular on the results of the public consultations initiated by the State Aid Action Plan and by the Commission consultation document on State aid and Innovation (7). Discussions with representatives of Member States are also necessary in order to define the categories of aid which might be considered compatible with the Treaty. In order to proceed with the current consultations and the analysis of their results, it is appropriate to extend the validity of Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 until the end of 2007.

(3)

Regulations (EC) No. 2204/2002, (EC) No 68/2001and (EC) No 70/2001 should therefore be amended accordingly,

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee on State Aids

25.7.2006   

EN

Official Journal of the European Union

C 172/8

25.7.2006   

EN

Official Journal of the European Union

C 172/21

25.7.2006   

EN

Official Journal of the European Union

C 172/22

1.

On 13 July 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 undertaking Crédit Agricole SA (‘Crédit Agricole’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Emporiki Bank of Greece SA (‘Emporiki’, Greece) by way of public bid announced on 13 June 2006.

2.

The business activities of the undertakings concerned are:

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.4289 — Crédit Agricole/Emporiki, to the following address:

25.7.2006   

EN

Official Journal of the European Union

C 172/23

1.

On 14 July 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 Blackstone Group (‘Blackstone’ USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of Travelport Inc. (‘Travelport’, USA), via purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified concentration 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.4324 — Blackstone/Travelport, to the following address:

25.7.2006   

EN

Official Journal of the European Union

C 172/24

3.1

Targeted projects for geographic information

3.2

A thematic network on geographic information

4.1

Targeted projects for educational content

4.2

A thematic network on educational content

5.1

Targeted projects for digital libraries

5.2

A thematic network on cultural content

6.1

A thematic network on public-domain and related issues

25.7.2006   

EN

Official Journal of the European Union

C 172/26

—

Retail trade and services surveys in Luxemburg;

—

Investment, construction, retail trade and services surveys in Malta;

—

Investment, construction, retail trade, services and industry surveys in Croatia;

—

Investment, construction, retail trade, services, industry and consumer surveys in Turkey;

—

Ad hoc surveys on topical economic issues: These ad hoc surveys are by definition more occasional and are carried out in addition to the monthly surveys, using the same established samples as the monthly surveys, to obtain information on specific economic policy issues.

—

The monthly surveys must be carried out in the first two weeks of each month and the results must be e-mailed to the Commission at least 4 working days before the end of the month and in accordance with the calendar that will be included in the grant agreement.

—

The quarterly surveys must be carried out in the first two weeks of the first month of each quarter (January, April, July and October) and the results must be e-mailed to the Commission at least 4 working days before the end of January, April, July and October respectively and in accordance with the calendar that will be included in the grant agreement.

—

The six-monthly surveys of investment must be carried out in March/April and October/November and the results must be e-mailed to the Commission at least four working days before the end of May and December, respectively, and in accordance with the calendar that will be included in the grant agreement.

—

In the case of ad hoc surveys, the beneficiary must undertake to adhere to the specific timetables laid down for them.

—

The total annual budget available for these surveys is in the region of EUR 360 000.

—

The number of beneficiaries will be maximum 17.

(a)

they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b)

they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

(c)

they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d)

they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e)

they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(f)

following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations;

(g)

they are faced with a conflict of interest;

(h)

they have been guilty of misrepresentation in supplying the information required or have failed to supply this information.

1.

Without prejudice to the application of penalties laid down in the contract, candidates or tenderers and contractors who have been guilty of making false declarations or have been found to have seriously failed to meet their contractual obligations in an earlier procurement procedure shall be excluded from all contracts and grants financed by the Community budget for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor. That period may be extended to three years in the event of a repeat offence within five years of the first infringement.

Tenderers or candidates who have been guilty of making false declarations shall also receive financial penalties representing 2 % to 10 % of the total value of the contract being awarded.

Contractors who have been found to have seriously failed to meet their contractual obligations shall receive financial penalties representing 2 % to 10 % of the total value of the contract in question. That rate may be increased to 4 % to 20 % in the event of a repeat offence within five years of the first infringement.

2.

In the cases referred to in points 5.2 (a), (c) and (d) the candidates or tenderers shall be excluded from all contracts and grants for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor.

In the cases referred to in points 5.2 (b) and (e), the candidates or tenderers shall be excluded from all contracts and grants for a minimum of one year and a maximum of four years from the date of notification of the judgment.

Those periods may be extended to five years in the event of a repeat offence within five years of the first infringement or the first judgment.

3.

The cases referred to in point 5.2. (e) shall be the following:

—

At least three years proven experience in preparing and carrying out qualitative business and consumer surveys.

—

Proven experience in at least one of the following areas:

—

Ability to apply the methodology of the Joint Harmonised EU Programme of Business and Consumer Surveys and to comply with the Commission's instructions: meet the monthly reporting deadlines, implement improvements and changes to the survey programme as requested by Commission services, in line with agreements reached at coordination meetings with representatives of collaborating bodies/institutes.

—

The candidate's degree of expertise and experience in the areas mentioned under point 6.2.

—

The effectiveness of the proposed survey methodology including sample design, sample size, coverage rate, response rate.

—

The candidate's level of competence and knowledge of the special survey features of the sector and country where they intend to carry out the survey(s).

—

The efficiency of the candidate's work organisation, in terms of flexibility, infrastructure, qualified staff and facilities for carrying out the work, reporting the results, participating in preparing the surveys under the joint harmonised programme and liaising with the Commission.

—

Value for money.

—

administrative proposal,

—

technical proposal,

—

financial proposal.

—

standard grant application form,

—

standard budget statement for providing estimates of the survey costs and financing plan,

—

standard financial identification form,

—

standard legal entity form,

—

standard declaration form on eligibility,

—

standard declaration form indicating willingness to sign the standard grant agreement,

—

standard form regarding subcontracting.

—

aide-memoire for drawing up financial estimates and financial statements,

—

model of the grant agreement.

—

A duly signed standard grant application form.

—

A duly completed and signed standard legal entity form and the requested supporting documentation proving the legal status of the body or institute.

—

A duly completed and signed standard financial identification form.

—

A duly signed standard declaration form of the applicant's eligibility.

—

The organisation chart of the body or institute, showing the names and positions of the management and of the operational service responsible for conducting the surveys.

—

A duly signed standard declaration form that it is willing to sign the grant agreement, if selected.

—

Proof of sound financial situation: balance sheets and profit and loss accounts from the previous two financial years for which the accounts have been closed, should be attached.

—

A description of the activities of the body or institute, enabling the assessment of its qualifications and the scope and duration of its experience in the requested areas under point 6.2. This should mean any studies, service contracts, consultancy work, surveys, publications or other work previously carried out, indicating the name of the client and stating which, if any, were done for the European Commission. The most relevant studies and/or results should be attached.

—

A detailed description of the operational organization for carrying out the surveys. Relevant documentation should be attached regarding the infrastructure, facilities, resources and qualified staff (concise cv's) at the applicant's disposal.

—

A detailed description of the survey methodology: sampling methods, sampling errors and confidence intervals, sample size, coverage rate and estimated response rate.

—

A duly completed standard form regarding subcontractors involved in the action, including a detailed description of the tasks to be subcontracted.

—

A duly completed and detailed standard budget statement (in euro), covering a period of 12 months, for each survey, containing a financing plan for the action and a detailed breakdown of the total and unit eligible costs for conducting the survey, including subcontracting costs.

—

A certificate of non-liability for VAT, if applicable.

—

A document certifying the financial contribution from other organisations (co-financing), if applicable.

(a)

either by registered post or private delivery service postmarked no later than 25 September 2006 at the following address:

By registered post:

By private delivery service:

(b)

or by delivery to the central mail service of the European Commission (personal delivery or delivery by any authorised representative of the applicant, including private delivery services) at the following address:

25.7.2006   

EN

Official Journal of the European Union

C 172/34

—

Retail trade and services surveys in the Netherlands;

—

Retail trade survey in Finland;

—

Ad hoc surveys on topical economic issues: These ad hoc surveys are by definition more occasional and are carried out in addition to the monthly surveys, using the same established samples as the monthly surveys, to obtain information on specific economic policy issues.

—

The monthly surveys must be carried out in the first two weeks of each month and the results must be e-mailed to the Commission at least 4 working days before the end of the month and in accordance with the calendar that will be included in the grant agreement.

—

The quarterly surveys must be carried out in the first two weeks of the first month of each quarter (January, April, July and October) and the results must be e-mailed to the Commission at least 4 working days before the end of January, April, July and October respectively and in accordance with the calendar that will be included in the grant agreement.

—

In the case of ad hoc surveys, the beneficiary must undertake to adhere to the specific timetables laid down for them.

—

The total annual budget available for these surveys is in the region of EUR 90 000.

—

The number of beneficiaries will be maximum 3.

(a)

they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b)

they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

(c)

they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d)

they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e)

they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(f)

following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations;

(g)

they are faced with a conflict of interest;

(h)

they have been guilty of misrepresentation in supplying the information required or have failed to supply this information.

1.

Without prejudice to the application of penalties laid down in the contract, candidates or tenderers and contractors who have been guilty of making false declarations or have been found to have seriously failed to meet their contractual obligations in an earlier procurement procedure shall be excluded from all contracts and grants financed by the Community budget for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor. That period may be extended to three years in the event of a repeat offence within five years of the first infringement.

Tenderers or candidates who have been guilty of making false declarations shall also receive financial penalties representing 2 % to 10 % of the total value of the contract being awarded.

Contractors who have been found to have seriously failed to meet their contractual obligations shall receive financial penalties representing 2 % to 10 % of the total value of the contract in question. That rate may be increased to 4 % to 20 % in the event of a repeat offence within five years of the first infringement.

2.

In the cases referred to in points 5.2 (a), (c) and (d) the candidates or tenderers shall be excluded from all contracts and grants for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor.

In the cases referred to in points 5.2 (b) and (e), the candidates or tenderers shall be excluded from all contracts and grants for a minimum of one year and a maximum of four years from the date of notification of the judgment.

Those periods may be extended to five years in the event of a repeat offence within five years of the first infringement or the first judgment.

3.

The cases referred to in point 5.2. (e) shall be the following:

—

At least three years proven experience in preparing and carrying out qualitative business and consumer surveys.

—

Proven experience in at least one of the following areas:

—

Ability to apply the methodology of the Joint Harmonised EU Programme of Business and Consumer Surveys and to comply with the Commission's instructions: meet the monthly reporting deadlines, implement improvements and changes to the survey programme as requested by Commission services, in line with agreements reached at coordination meetings with representatives of collaborating bodies/institutes.

—

The candidate's degree of expertise and experience in the areas mentioned under point 6.2.

—

The effectiveness of the proposed survey methodology including sample design, sample size, coverage rate, response rate.

—

The candidate's level of competence and knowledge of the special survey features of the sector and country where they intend to carry out the survey(s).

—

The efficiency of the candidate's work organisation, in terms of flexibility, infrastructure, qualified staff and facilities for carrying out the work, reporting the results, participating in preparing the surveys under the joint harmonised programme and liaising with the Commission.

—

Value for money.

—

administrative proposal,

—

technical proposal,

—

financial proposal.

—

standard grant application form,

—

standard budget statement for providing estimates of the survey costs and financing plan,

—

standard financial identification form,

—

standard legal entity form,

—

standard declaration form on eligibility,

—

standard declaration form indicating willingness to sign the standard grant agreement,

—

standard form regarding subcontracting.

—

aide-memoire for drawing up financial estimates and financial statements,

—

model of the grant agreement.

—

A duly signed standard grant application form.

—

A duly completed and signed standard legal entity form and the requested supporting documentation proving the legal status of the body or institute.

—

A duly completed and signed standard financial identification form.

—

A duly signed standard declaration form of the applicant's eligibility.

—

The organisation chart of the body or institute, showing the names and positions of the management and of the operational service responsible for conducting the surveys.

—

A duly signed standard declaration form that it is willing to sign the grant agreement, if selected.

—

Proof of sound financial situation: balance sheets and profit and loss accounts from the previous two financial years for which the accounts have been closed, should be attached.

—

A description of the activities of the body or institute, enabling the assessment of its qualifications and the scope and duration of its experience in the requested areas under point 6.2. This should mean any studies, service contracts, consultancy work, surveys, publications or other work previously carried out, indicating the name of the client and stating which, if any, were done for the European Commission. The most relevant studies and/or results should be attached.

—

A detailed description of the operational organization for carrying out the surveys. Relevant documentation should be attached regarding the infrastructure, facilities, resources and qualified staff (concise cv's) at the applicant's disposal.

—

A detailed description of the survey methodology: sampling methods, sampling errors and confidence intervals, sample size, coverage rate and estimated response rate.

—

A duly completed standard form regarding subcontractors involved in the action, including a detailed description of the tasks to be subcontracted.

—

A duly completed and detailed standard budget statement (in euro), covering a period of 16 months, for each survey, containing a financing plan for the action and a detailed breakdown of the total and unit eligible costs for conducting the survey, including subcontracting costs.

—

A certificate of non-liability for VAT, if applicable.

—

A document certifying the financial contribution from other organisations (co-financing), if applicable.

(a)

either by registered post or private delivery service postmarked no later than 25 September 2006 at the following address:

By registered post:

By private delivery service:

(b)

or by delivery to the central mail service of the European Commission (personal delivery or delivery by any authorised representative of the applicant, including private delivery services) at the following address: