28.11.2006

EN

Official Journal of the European Union

C 289/1

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Euro exchange rates (1)

27 November 2006

(2006/C 289/01)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,3114
JPY	Japanese yen	152,24
DKK	Danish krone	7,4549
GBP	Pound sterling	0,67770
SEK	Swedish krona	9,0423
CHF	Swiss franc	1,5855
ISK	Iceland króna	91,96
NOK	Norwegian krone	8,2690
BGN	Bulgarian lev	1,9558
CYP	Cyprus pound	0,5780
CZK	Czech koruna	28,040
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	258,25
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6977
MTL	Maltese lira	0,4293
PLN	Polish zloty	3,8239
RON	Romanian leu	3,4776
SIT	Slovenian tolar	239,66
SKK	Slovak koruna	35,662
TRY	Turkish lira	1,9250
AUD	Australian dollar	1,6848
CAD	Canadian dollar	1,4866
HKD	Hong Kong dollar	10,1972
NZD	New Zealand dollar	1,9591
SGD	Singapore dollar	2,0324
KRW	South Korean won	1 220,45
ZAR	South African rand	9,2965
CNY	Chinese yuan renminbi	10,2861
HRK	Croatian kuna	7,3220
IDR	Indonesian rupiah	11 988,16
MYR	Malaysian ringgit	4,7702
PHP	Philippine peso	65,111
RUB	Russian rouble	34,5880
THB	Thai baht	47,750

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(1)  

Source: reference exchange rate published by the ECB.

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28.11.2006

EN

Official Journal of the European Union

C 289/2

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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

(2006/C 289/02)

(Text with EEA relevance)

Aid No	XS 79/06
Member State	Federal Republic of Germany
Region	Freie und Hansestadt Hamburg
Title of aid scheme or name of company receiving individual aid	Hodorff Qualitätslogistic GmbH Banksstraße 28 D-20097 Hamburg
Legal basis	Einzelfallentscheidung der Kreditkommission gemäß dem Gesetz über die Kreditkommission vom 29.4.1997 (Hamburgisches Gesetz- und Verordnungsblatt 1997, Nr. 18, Seite 133). Verordnung (EG) Nr. 70/2001 der Kommission vom 12. Januar 2001 über die Anwendung der Artikel 87 und 88 EG-Vertrag auf staatliche Beihilfen an kleine und mittlere Unternehmen (Amtsblatt der Europäischen Gemeinschaften13.1.2001 L 10/33)
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	EUR 27 300
		Loans guaranteed	EUR 5,46 million
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Yes
Date of implementation	15.5.2006
Duration of the scheme or individual aid award	No scheme and no award as this is a one-off guarantee
Objective of aid	Aid to SMEs		Yes
Economic sectors concerned	Limited to specific sectors		Yes
	Other services		Yes
Name and address of the granting authority	Freie und Hansestadt Hamburg Behörde für Wirtschaft und Arbeit Referat Finanzierungshilfen
	Alter Steinweg 4 D-20459 Hamburg
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

Aid No	XS 90/06
Member State	Germany
Title of aid scheme or name of company receiving individual aid	Programm zur Innovationsförderung/Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz
Legal basis	Programm und zugehörige Bekanntmachungen sind unter www.ble.de (Link Innovationsförderung — dort unter 3. Download des Programms zur Innovationsförderung des Bundesministeriums für Ernährung, Landwirtschaft und Verbraucherschutz (PDF-Dokument) und 3.1 Download der Bekanntmachung einer Richtlinie über die Förderung innovativer Pflanzenschutzvorhaben zur Reduzierung der Anwendung von Pflanzenschutzmitteln im Rahmen des Programms zur Innovationsförderung (PDF-Dokument)) einsehbar
Annual expenditure planned or overall amount of individual aid granted to the company	Aid scheme	Annual overall amount	EUR 21,6 million
		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	Programme starts immediately, current authorisations after notices and corresponding application
Duration of scheme or individual aid award	Unlimited. The programme will be adapted if required by successor to Regulation (EC) No 70/2001
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	Bundesanstalt für Landwirtschaft und Ernährung (BLE) Projektgruppe Innovationsförderung
	Deichmanns Aue 29 D-53179 Bonn
Large individual aid grants	In conformity with Article 6 of the Regulation		n.a.

Aid No	XS 112/06
Member State	Netherlands
Region	Province Zuid-Holland
Title of aid scheme or name of company receiving individual aid	Bioception B.V.
Legal basis	Artikel 12 van de Algemene subsidieverordening Zuid-Holland, 1 juni 2005
Annual expenditure planned or overall amount of aid granted to the company	Aid scheme	Annual overall amount
		Loans guaranteed
	Individual aid	Overall aid amount	EUR 139 001
		Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Yes, the state aid intensity is 45 % (precompetitive research).
Date of implementation	13 June 2006. Subject to the usual reservations, the aid will be awarded following notification.
Duration of scheme or individual aid award	Until 31 December 2007. If need be, the measure will be aligned on the relevant provisions following revision of the Regulation. The Commission will be notified accordingly.
Objective of aid	Aid to SMEs		Yes This R&D project is developing knowledge and technology in the field of the practical application of biological test media. The manufacture of medicines and food is subject to increasingly high quality and hygiene requirements (including HAACP). Intrusive measuring for this purpose involves contact with the product. The equipment used has to be cleaned after testing. Achieving the requisite sterility demands investment in increasingly expensive appliances. This project seeks a possible alternative through R&D in the field of disposable containers with built-in data-acquisition and -transmission capacities. During manufacturing the process parameters need to be measured online and transmitted to a central process-operating system. The physical components to be developed need to be small and cheap, hence the project. Delft university is responsible for providing the scientific know-how and for developing the strips to which the sensors are attached.
Economic sectors concerned	Limited to specific sectors		Yes
	Other manufacturing		Supply of various sectors.
Name and address of the granting authority	Provincie Zuid-Holland
	Postbus 90602 2509 LP Den Haag Nederland
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

Aid No	XS 118/06
Member State	Netherlands
Region	Province Flevoland
Title of aid scheme or name of company receiving individual aid	Eenmanszaak Pitch & Putt Swifterbant te Swifterbant
Legal basis	— Decentralisatie-convenant Rijk/Flevoland m.b.t. het Leader+ programma Regio Randstad 2000-2006 d.d. 11 april 2001. — Leader+ overeenkomst tussen de provincie Flevoland en Pitch & Putt Swifterbant.
Annual expenditure planned or overall amount of aid granted to the company	Aid scheme	Annual overall amount
		Loans guaranteed
	Individual aid	Overall aid amount	EUR 155 700
		Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Yes. The aid intensity is 12,4 %. This is in conformity with Article 4(2)(a) of the Regulation.
Date of implementation	The decision will be issued after the notification has been published in the Official Journal of the European Union.
Duration of scheme or individual aid award	Until 30 November 2007. If need be, the measure will be aligned on the relevant provisions following revision of the Regulation. The Commission will be notified accordingly.
Objective of aid	Aid to SMEs		Yes. Aid is being granted for investment in tangible assets (Article 4(1)). The purpose of the aid is to contribute towards the investment costs needed to construct a pitch-and-putt course and club house. This tourist activity offers a new source of income for the former farmer.
Economic sectors concerned	All sectors eligible for aid to SMEs		Yes
Name and address of the granting authority	Provincie Flevoland
	Postbus 55 8200 AB Lelystad Nederland
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

Aid No	XS 121/06
Member State	Greece
Region	Entire country
Title of aid scheme	Hellenic Technology Clusters Initiative (HTCI) is an endorsed activity under the auspices of the Hellenic Ministry of Development, that targets the establishment and development of competitive technology clusters in knowledge-intensive and exports-oriented focused segments. The selected clusters are comprised mainly of SMEs.
Legal basis	Νόμος 1514/85 όπως τροποποιήθηκε από το Νόμο 2919/01. Ο ρόλος του Ερευνητικού Κέντρου ‘Αθηνά’ περιγράφεται στο Άρθρο 8 του Νόμου 2919/01 και το Προεδρικό Διάταγμα 145/03 όπως τροποποιήθηκαν από το άρθρο 9 του Νόμου 3438/06 και το άρθρο 15 του Νόμου 3460/06
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company	Annual overall amount	2006: EUR 1 310 000 2007: EUR 1 310 000 2008: EUR 652 000
	Overall aid amount Actual amounts in each year may vary somewhat, but the total is fixed.	EUR 1 514 000
Maximum aid intensity	The maximum aid intensity will not exceed 50 % according to the ceiling of regional investment aid determined in the map approved by the Commission for each Member State and the conditions of Regulation (EC) No 70/2001 as amended by Regulation (EC) No 364/2004.
Date of implementation	First call for proposals opened at the beginning of August 2006
Duration of scheme or individual aid award	Until 31 December 2008. Legal commitments until 31 December 2006
Objective of aid	The HTCI programme will support the clustering initiatives by providing support in the form of grants for a short period of time (2006-2008) for investments (Office space arrangement and modification, purchasing of hardware and equipment, purchasing of software and software licenses), consultancy services (such services do not constitute a permanent or regular activity and are not connected with the enterprise's ordinary running costs), other services and activities (participation in trade fares and shows), and aid to cover the costs of obtaining and validating licenses and other intellectual property rights (patents). The objective of the aid is to help expand cluster-members' activities, establish strong human networks, address policy measures in innovation and R&D, promote technology and know-how diffusion among cluster members, focus on the utilization of talented human capital, and improve skills of the SMEs involved.
Economic sectors concerned	Microelectronics and Embedded Systems with the exception of firms with activities linked to the production, processing or marketing of products listed in Annex I to the Treaty establishing the European Community.
Name and address of the granting authority	Υπουργείο Ανάπτυξης, Γενική Γραμματεία Έρευνας και Τεχνολογίας, Ερευνητικό Κέντρο ‘Αθηνά’, Γ. Αναστασίου 13, GR-11527 Αθήνα (Ministry of Development, General Secretariat for Research and Technology, Research Center Athena, G. Anastasiou 13, GR-11527 Athens)
Further information	The scheme is in accordance with Regulation (EC) No 70/2001 as amended by Regulation (EC) No 364/2004. The aid concerns Action 4.6.3 of the Competitiveness Operational Programme which is jointly funded by Structural Funds.

Aid No	XS 127/06
Member State	Netherlands
Region	All regions are eligible.
Title of aid scheme or name of company receiving individual aid	Feasibility studies for R&D for figureheads.
Legal basis	Kaderwet EZ-subsidies
Annual expenditure planned or overall amount of aid granted to the company	Aid scheme	Annual overall amount	EUR 1 million
		Loans guaranteed
	Individual aid	Overall aid amount
		Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Concerns R&D aid. The maximum aid intensities are respected.
Date of implementation	21 June 2006
Duration of scheme or individual aid award	4 years
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	Ministerie van Economische Zaken
	Bezuidenhoutseweg 20 2500 EC Den Haag Nederland
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

Aid No	XS 132/06
Member State	Netherlands
Region	Province Flevoland
Title of aid scheme or name of company receiving individual aid	Maatschap M.T.M.& I. Daniëls-Bisschop
Legal basis	— Decentralisatie-convenant Rijk/Flevoland m.b.t. het Leader+ programma Regio Randstad 2000-2006 d.d 11 april 2001. — Leader+ overeenkomst tussen de provincie Flevoland en Maatschap M.T.M.& I. Daniëls-Bisschop
Annual expenditure planned or overall amount of aid granted to the company	Aid scheme	Annual overall amount
		Loans guaranteed
	Individual aid	Overall aid amount	EUR 121 446
		Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Yes. The aid intensity is 15 %. This is in conformity with Article 4(2)(a) of the Regulation.
Date of implementation	The decision will be issued after notification has been published in the Official Journal of the European Union.
Duration of scheme or individual aid award	Until 1 September 2006
Objective of aid	Aid to SMEs		Yes. The aid is for investment in tangible assets (Article 4(1)). The objective is to provide entrepreneurs with a contribution towards the investment costs necessary for the construction of a hostel for the temporary accommodation of foreign workers performing temporary work for a large number of farmers in Flevoland.
Economic sectors concerned	All sectors eligible for aid to SMEs		Yes
Name and address of the granting authority	Provincie Flevoland
	Postbus 55 8200 AB Lelystad Nederland
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

Aid No	XS 146/06
Member State	Netherlands
Region	Provincie Zuid-Holland
Title of aid scheme or name of company receiving individual aid	Name of company: Vastgoed Ontwikkelings Combinatie
Legal basis	Algemene subsidieverordening (Asv), hoofdstuk 6, Milieu, onderdeel regeling stimulering duurzame energie
Annual expenditure planned or overall amount of aid granted to the company	Aid scheme	Annual overall amount
		Loans guaranteed
	Individual aid	Overall aid amount	EUR 370 837,00 (0,9 % of Vastgoed Ontwikkelings Combinatie's total investment costs)
		Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(6) and 5 of the Regulation		Yes
Date of implementation	Date of decision: 15 June 2006. The aid will be granted only after the European Commission has been notified
Duration of scheme or individual aid award	Until 1 September 2007. The applicant may request an advance of no more than 80 % of the sum to which it can expect to be entitled. If no use is made of this facility a single payment will be made 13 weeks after the final sum has been determined.
Objective of aid	Aid to SMEs		Yes
Project purpose	The purpose is to heat and cool the new business estate on the Zuidelijke Randweg in Middelharnis by means of cold and heat storage in aquifers and heat pumps. The business estate comprises six parcels, which will be connected to a central heating and cooling plant. Given the imbalance in energy demand for heating and cooling (60/40 %), road energy systems (pipes in the asphalt) will be used to draw heat from the asphalt. This should reduce CO2 emissions by 473 tonnes a year.
Economic sectors concerned	All sectors eligible for aid to SMEs		Yes
Name and address of the granting authority	Provincie Zuid Holland
	Zuid-Hollandlaan 1 2596 AW Den Haag Nederland
Large individual aid grants	In conformity with Article 6 of the Regulation		Yes

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28.11.2006

EN

Official Journal of the European Union

C 289/10

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STATE AID — UNITED KINGDOM

State aid No C 38/2006 (ex NN 93/2005)

Fish factory improvement scheme

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(2006/C 289/03)

(Text with EEA relevance)

By means of the letter dated 13 September 2006 reproduced in the authentic language on the pages following this summary, the Commission notified the United Kingdom of Great Britain and Northern Ireland of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the abovementioned aid.

Interested parties may submit their comments within one month of the date of publication of this summary and the following letter, to:

European Commission

Directorate General for Fisheries

DG FISH/D/3 ‘Legal Issues’

B-1049 Brussels

Fax: (32-2) 295 19 42

These comments will be communicated to the United Kingdom of Great Britain and Northern Ireland. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

In June 2004 the Commission was informed of aid granted by the Shetland Islands Council, the public authority in the Shetland Islands of the United Kingdom, to the fisheries sector which possibly concerned illegal State aid.

Under the fish factory improvement scheme, which was in force from begin 1980's until 14 January 2005, aid with a maximum of 20 % was granted for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. Repairs of machinery or buildings were not eligible. The maximum amount of aid per beneficiary was GBP 20 000 for factories with a turnover of less than GBP 1 000 000; GBP 25 000 for factories with a turnover of between 1 000 000 and GBP 3 000 000 and GBP 30 000 for factories with a turnover of more than GBP 3 000 000. From 1994 to 14 January 2005 approximately 1,6 million GBP appears to have been granted under the scheme, of which GBP 93 600 to a company involved in fish meal and fish oil production.

According to Article 88 (3) of the EC Treaty Member State have to inform the Commission of any plans to grant or alter aid. According to the United Kingdom the scheme has been applied from at least the 1980's until 14 January 2005. However, the United Kingdom was until now not able, due to the absence of past records, to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. Moreover, the United Kingdom has confirmed to have altered the aids over the years without notification to the Commission, as a result of which the aid measure has to be considered as new aid.

Council Regulation (EC) No 659/1999 (1) does not lay down any limitation period for the examination of unlawful aid. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid granted more than ten years before any measure taken by the Commission concerning it. The Commission considers that the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994 and the Commission assesses below, only aid granted by decisions taken between 24 August 1994 and 14 January 2005. In the area of fisheries it is necessary to examine the measure in the light of the Guidelines for the examination of State aid to fisheries and aquaculture. According to point 5.3 of the Guidelines an ‘unlawful aid’ within the meaning of Article 1 (f) of Regulation (EC) No 659/1999 will be appraised in accordance with the guidelines applicable at the time when the administrative act setting up the aid has entered into force.

The aids appear to be State aid in the sense of Article 87 of the EC Treaty. State aid to the fisheries sector need to be assessed under the conditions of Guidelines for the examination of State aid to fisheries and aquaculture in force at the time the aid was granted (2).

According to point 2.3 of the 1994, 1997 and 2001 Guidelines and point 3.10 of the 2004 Guidelines aid for investments in the processing and marketing of fishery products may be regarded compatible provided that they comply with the relevant conditions laid down in Regulation (EC) No 3699/93 respectively Regulation (EC) No 2792/1999. Aid may be granted up to 60 % of the eligible costs.

The conditions of the scheme are compatible with those conditions. However, under the scheme GBP 93 600 has been granted to a company involved in fish meal and fish oil production and thus this part of the aid can not be regarded to comply with the conditions of the respective Guidelines. Therefore, the Commission has, at this stage, serious doubts on the compatibility of that aid with the common market.

In accordance with Article 14 of Council Regulation (EC) No 659/1999, all unlawful aid can be subject to recovery from the recipient.

TEXT OF LETTER

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(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

(2)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p.5.

(3)  OJ C 211, 21.8.2003, p. 63.

(4)  Commission decision of 7 December 2005, notified to the authorities of the United Kingdom on 8 December 2005, to be published in the Official Journal, C series.

(5)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

(6)  OJ C 229, 14.9.2004, p. 5

(7)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p. 5.

(8)  Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and the marketing of its products, OJ L 346, 31.12.1993, p. 1.

(9)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector OJ L 337, 30.12.1999, p. 10, as last amended by Regulation (EC) No 485/2005, OJ L 81, 30.3.2005, p. 1.

(10)  Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and mediums-sized enterprises active in the production, processing and marketing of fisheries products, OJ L 291, 14.9.2004, p. 3.

(11)  OJ C 211, 21.8.2003, p. 63.

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28.11.2006

EN

Official Journal of the European Union

C 289/15

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Notice of initiation of a review of the extension of the antidumping duty imposed on imports of bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China

(2006/C 289/04)

The Commission has at its disposal sufficient evidence to initiate a review pursuant to Article 13(4) and 11(3) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), as last amended by Council Regulation (EC) No 2117/2005 (2).

1.   Product

The product under review is essential bicycle parts:

—	painted or anodized or polished and/or lacquered bicycle frames, currently classifiable within CN code ex 8714 91 10,

—	painted or anodized or polished and/or lacquered bicycle front forks, currently classifiable within CN code ex 8714 91 30,

—	derailleur gears, currently classifiable within CN code 8714 99 50,

—	crank-gear, currently classifiable within CN code 8714 96 30,

—	free-wheel sprocket-wheels, currently classifiable within CN code 8714 93 90, whether or not presented in sets,

—	other brakes, currently classifiable within CN code 8714 94 30,

—	brake levers, currently classifiable within CN code ex 8714 94 90, whether or not presented in sets,

—	complete wheels with or without tubes, tyres and sprockets, currently classifiable within CN code ex 8714 99 90, and

—	handlebars, currently classifiable within CN code 8714 99 10, whether or not presented with a stem, brake and/or gear levers attached,

originating in the People's Republic of China (‘the product concerned’). The above mentioned CN codes are only given for information.

2.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 (3) and maintained by Regulation (EC) 1524/2000 (4) on imports of bicycles originating in the People's Republic of China (‘PRC’), as extended by Council Regulation (EC) No 71/97 (5) to imports of certain bicycle parts from the PRC.

The extension of the measures to imports of certain bicycle parts from the PRC resulted from an investigation into the alleged circumvention of the anti-dumping duties imposed by Regulation (EEC) No 2474/93 through the assembly of bicycles, using bicycle parts originating in the PRC, in the Community. The investigation found that circumvention was taking place and the measures imposed on imports of bicycles from the PRC were extended to imports of parts from that country (‘the extended measures’).

3.   Grounds for the review

Since the extension of the measures to imports of certain bicycle parts, the Commission has granted requests for exemption from the extended measures to a large number of companies based in the Community. The Commission has continued to receive requests for an exemption from the extended measures and the current number of parties requesting an exemption is significant. At the same time there are no apparent indications of circumvention practices by companies having been granted an exemption.

Furthermore, the Commission has at its disposal sufficient prima facie evidence that if the extension of the measures on imports of bicycles to imports of certain bicycle parts was removed, there would be no continuation or recurrence of circumvention practices.

4.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a review of the extension of the measures to imports of certain bicycle parts, the Commission hereby initiates a review in accordance with Article 13(4) and 11(3) of the basic Regulation.

The investigation will assess the need for the continuation of the extension of the anti-dumping duty imposed on bicycles originating in the PRC to imports of certain bicycle parts from the PRC.

(a)   Sampling

(i)   Sampling for Community producers/assemblers of bicycles

In view of the apparent large number of parties involved in this review investigation, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to select a sample, all Community producers/assemblers (6) of bicycles are hereby requested to provide the following information on their company or companies within the time limit set in point 5(b)(i):

—	name, address, e-mail address, telephone and fax numbers and contact person,

—	the total turnover in EUR of the company for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the turnover in EUR of the company for sales of all bicycles on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the turnover in EUR of the company for sales of bicycles assembled in-house in the Community and sold on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the turnover in EUR of the company for sales of bicycles parts on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the volume in units of all bicycles sold on the Community market during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the volume in units of bicycles assembled in-house in the Community during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the total cost in EUR of bicycle parts produced by the company during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the total value in EUR of bicycle parts of Chinese origin imported or purchased by the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006,

—	the total value in EUR of bicycle parts of non-Chinese origin imported or purchased by the company during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

—	the volume of units of essential bicycle parts as listed in section 1 used in the assembly operations of the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006,

—	the total direct manufacturing costs in EUR for the bicycles produced/assembled (direct labour and manufacturing overheads) by the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006,

—	the names and the precise activities of all related companies (7) involved in the production and/or selling of bicycles and of the product concerned,

—	any other relevant information that would assist the Commission in the selection of the sample,

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 7 below.

(ii)   Final selection of the sample

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 5(b)(ii).

The Commission intends to make the final selection of the sample after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the sample must reply to a questionnaire within the time limit set in point 5(b)(iii) and must cooperate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 7.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community producers/assemblers of bicycles in the Community. This information and supporting evidence should reach the Commission within the time limit set in point 5(b)(iii).

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a)(i).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 5(a)(ii).

5.   Time limits

(a)   General time limits

(i)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).

(ii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b)   Specific time limit in respect of sampling

(i)

The information specified in point 4(a)(i) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(ii)	All other information relevant for the selection of the sample as referred to in 4(a)(ii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

6.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (8) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

European Commission

Directorate General for Trade

Directorate B

Office: J-79 — 5/16

B-1049 Brussels

Fax (32-2) 295 65 05

7.   Non-co-operation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

In cases in which exempted parties or parties under examination do not provide the information requested in points 4(a)(i) and, as appropriate, 5(a)(i) above within the time limits, the provisions of Article 10 of Commission Regulation (EC) No 88/97 of 20 January 1997 (9) regarding the revocation of an exemption and the provisions of Article 7(4) of the same Regulation may apply to them respectively.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favorable to that party than if it had cooperated.

8.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

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(1)  OJ L 56, 6.3.1996, p. 1.

(2)  OJ L 340, 23.12.2005, p. 17.

(3)  OJ L 228, 9.9.1993, p. 1.

(4)  OJ L 175, 14.7.2000, p. 39. Regulation as amended by Council Regulation (EC) No 1095/2005 (OJ L 183, 14.7.2005, p. 1).

(5)  OJ L 16, 18.1.1997, p. 55

(6)  All parties that have been exempted pursuant to Commission Regulation (EC) No 88/97 of 20 January 1997 (OJ L 17 of 21.1.1997, p. 17) as well as parties under examination pursuant to the same Regulation, are required to provide this information.

(7)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p.1).

(8)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(9)  OJ L 17, 21.1.1997, p. 17.

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28.11.2006

EN

Official Journal of the European Union

C 289/19

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Prior notification of a concentration

(Case COMP/M.4478 — KKR/Goldman Sachs/Kion)

(2006/C 289/05)

(Text with EEA relevance)

1.

On 17 November 2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Kohlberg Kravis Roberts & Co. L.P. (‘KKR’, USA) and The Goldman Sachs Group Inc (‘Goldman Sachs’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Kion Group (‘Kion’, Germany) by way of purchase of shares.

2.	The business activities of the undertakings concerned are: — KKR: private equity, — Goldman Sachs: investment banking, — Kion: folk-lift trucks and materials handling equipment.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4478 — KKR/Goldman Sachs/Kion to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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28.11.2006

EN

Official Journal of the European Union

C 289/20

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Prior notification of a concentration

(Case COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV)

Candidate case for simplified procedure

(2006/C 289/06)

(Text with EEA relevance)

1.

On 17 November 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 Arcadis Infra B.V. (‘Arcadis’, The Netherlands), Dura Vermeer Railinfra B.V. (‘Dura Vermeer’, The Netherlands) and Imtech Infra B.V. (‘Imtech’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Asset Rail B.V. (‘Asset Rail’, The Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are: — for Arcadis: project management, consulting and engineering services with regard to infrastructure, buildings, environment and communication; — for Dura Vermeer: project development and housing, commercial and industrial building and infrastructure; — for Imtech: electric and mechanical technical services and ICT; — for Asset Rail: maintenance of railway infrastructure in the Netherlands.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV, to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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28.11.2006

EN

Official Journal of the European Union

C 289/21

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Prior notification of a concentration

(Case COMP/M.4427 — SHV/Mammoet)

Candidate case for simplified procedure

(2006/C 289/07)

(Text with EEA relevance)

1.

On 17 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004, by which SHV Holdings (‘SHV’, Netherlands) acquires, within the meaning of Article 3(1) (b) of the Council Regulation, sole control of Mammoet Holding B.V. (‘Mammoet’) by way of purchase of shares.

2.	The business activities of the undertakings concerned are: — for SHV: distribution of liquefied petroleum gas, consumer articles, and raw materials; — for Mammoet: heavy lifting operations and road transport.

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No139/2004. 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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4427 — SHV/Mammoet to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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28.11.2006

EN

Official Journal of the European Union

C 289/22

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Prior notification of a concentration

(Case COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets)

(2006/C 289/08)

(Text with EEA relevance)

1.

On 20 November 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 Basell Polyolefine GmbH (‘Basell’, Germany) owned by AI International S.à.r.l. (Luxembourg) a member of the Access Industries group (‘Access Industries’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of a cracker facility based in Münchsmünster, Germany, together with certain other associated assets (‘Münchsmünster Cracker’, Germany) by way of purchase of assets.

2.

The business activities of the undertakings concerned are: — for Basell: manufacture and sale of olefins, polyolefins and related products; — for Access: group of holding companies with interests in the oil (including TNK-BP, Slavneft), coal, aluminium, power and telecommunication sectors; — for Münchsmünster Cracker: a steam cracking facility located in Münchsmünster, Bavaria, producing olefins such as ethylene and propylene, which are used as feedstocks for the petrochemical industry.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets, to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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28.11.2006

EN

Official Journal of the European Union

C 289/23

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New composition of the European Consumer Consultative Group

(2006/C 289/09)

The European Consumer Consultative Group was set up by Commission Decision 2003/709/EC of 9 October 2003 (1)

By Decision of 14 November 2006, the Commission appointed the following as members and alternates of the Group for the three-year term of office:

Members	Alternates
Mr Harald GLATZ (AT)	Dr Christine WEBER (AT)
To be advised (BE)	To be advised (BE)
Mr Petros MARKOU (CY)	Mr Athos TSINONTIDES (CY)
Mr Karel PAVLÍK (CZ)	Mr Jiří VILÍMOVSKÝ (CZ)
Ms Anne-Lore KÖHNE (DE)	Mr Carl-Heinz MORITZ (DE)
Ms Benedicte FEDERSPIEL (DK)	Mr Rasmus KJELDAHL (DK)
Ms Linda LÄÄNESAAR (EE)	Mr Enn-Toivo ANNUK (EE)
Mr Konstantinos DAGOS (EL)	AndromachiDELIKOSTOPOULOU(EL)
Ms Conchy MARTIN REY (ES)	Mr Eugenio RIBÓN SEISDEDOS (ES)
Ms Sinikka TURUNEN (FI)	Ms Gun WINTER (FI)
Mr Daniel FOUNDOULIS (FR)	Mr Emmanuel RODRIGUEZ (FR)
Mr György BARANOVSZKY (HU)	Mr István GARAI (HU)
Mr Dermott JEWELL (IE)	Mr Michael KILCOYNE (IE)
Ms Anna BARTOLINI (IT)	Dr Massimiliano DONA (IT)
Ms Ruta BRAZAUSKIENE (LT)	Mr Rimantas ZABARAUSKAS (LT)
Mr Mario CASTEGNARO (LU)	Mr Bob SCHMITZ (LU)
Ms Silvija VĪKSNIŅA (LV)	Mr Janis PENKA (LV)
Mr Benny BORG BONELLO (MT)	Dr Paul E MICALLEF (MT)
Ms Klaske de JONGE (NL)	Mr Rogier KLIMBIE (NL)
Ms Małgorzata NIEPOKULCZYCKA (PL)	Ms Anna GUT (PL)
Ms Patricia Cruz GOMES GAMITO (PT)	Ms Anna Margarida Godinho NUÑEZ DA SILVA MOURA (PT)
Mr Jens HENRIKSSON (SE)	Ms Inger PERSSON(SE)
Ms Breda KUTIN (SI)	Ms Živa DROL NOVAK (SI)
Ms Božena STAŠENKOVÁ (SK)	Mr Miroslav TULÁK (SK)
Mr Nick STACE (UK)	Ms Barbara SAUNDERS (UK)
Ms Gottlobe FABISCH (ANEC)	Ms Nina KLEMOLA (ANEC)
Mr Jim MURRAY (BEUC)	Ms Willemien BAX (BEUC)

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(1)  OJ L 258, 10.10.2003, p. 35.

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