ISSN 1725-2423 |
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Official Journal of the European Union |
C 306 |
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English edition |
Information and Notices |
Volume 49 |
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III Notices |
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Commission |
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2006/C 306/7 |
Call for Proposals — Services in support of business and innovation |
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2006/C 306/8 |
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Corrigenda |
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2006/C 306/9 |
Corrigendum to State aid N. 54/2001 — Italy (OJ C 297, 7.12.2006) |
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(1) Text with EEA relevance |
EN |
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I Information
Commission
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/1 |
Euro exchange rates (1)
14 December 2006
(2006/C 306/01)
1 euro=
|
Currency |
Exchange rate |
USD |
US dollar |
1,3192 |
JPY |
Japanese yen |
155,04 |
DKK |
Danish krone |
7,4544 |
GBP |
Pound sterling |
0,67155 |
SEK |
Swedish krona |
9,0602 |
CHF |
Swiss franc |
1,5987 |
ISK |
Iceland króna |
91,21 |
NOK |
Norwegian krone |
8,1500 |
BGN |
Bulgarian lev |
1,9558 |
CYP |
Cyprus pound |
0,5781 |
CZK |
Czech koruna |
27,843 |
EEK |
Estonian kroon |
15,6466 |
HUF |
Hungarian forint |
253,38 |
LTL |
Lithuanian litas |
3,4528 |
LVL |
Latvian lats |
0,6974 |
MTL |
Maltese lira |
0,4293 |
PLN |
Polish zloty |
3,7980 |
RON |
Romanian leu |
3,4293 |
SIT |
Slovenian tolar |
239,65 |
SKK |
Slovak koruna |
34,866 |
TRY |
Turkish lira |
1,8790 |
AUD |
Australian dollar |
1,6848 |
CAD |
Canadian dollar |
1,5242 |
HKD |
Hong Kong dollar |
10,2515 |
NZD |
New Zealand dollar |
1,9172 |
SGD |
Singapore dollar |
2,0322 |
KRW |
South Korean won |
1 214,92 |
ZAR |
South African rand |
9,2604 |
CNY |
Chinese yuan renminbi |
10,3142 |
HRK |
Croatian kuna |
7,3535 |
IDR |
Indonesian rupiah |
11 963,17 |
MYR |
Malaysian ringgit |
4,6772 |
PHP |
Philippine peso |
65,136 |
RUB |
Russian rouble |
34,6900 |
THB |
Thai baht |
46,515 |
Source: reference exchange rate published by the ECB.
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/2 |
Commission communication in the framework of the implementation of the Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres
(Text with EEA relevance)
(2006/C 306/02)
(Publication of titles and references of harmonised standards under the directive)
ESO (1) |
Reference and title of the harmonised standard (and reference document) |
Reference of superseded standard |
Date of cessation of presumption of conformity of superseded standard Note 1 |
CEN |
EN 1010-1:2004 Safety of machinery — Safety requirements for the design and construction of printing and paper converting machines — Part 1: Common requirements |
— |
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CEN |
EN 1010-2:2006 Safety of machinery — Safety requirements for the design and construction of printing and paper converting machines — Part 2: Printing and varnishing machines including pre-press machinery |
— |
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CEN |
EN 1127-1:1997 Explosive atmospheres — Explosion prevention and protection — Part 1: Basic concepts and methodology |
— |
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CEN |
EN 1127-2:2002 Explosive atmospheres — Explosion prevention and protection — Part 2: Basic concepts and methodology for mining |
— |
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CEN |
EN 1710:2005 Equipment and components intended for use in potentially explosive atmospheres in underground mines |
— |
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CEN |
EN 1755:2000 Safety of industrial trucks — Operation in potentially explosive atmospheres — Use in flammable gas, vapour, mist and dust |
— |
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CEN |
EN 1834-1:2000 Reciprocating internal combustion engines — Safety requirements for design and construction of engines for use in potentially explosive atmospheres — Part 1: Group II engines for use in flammable gas and vapour atmospheres |
— |
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CEN |
EN 1834-2:2000 Reciprocating internal combustion engines — Safety requirements for design and construction of engines for use in potentially explosive atmospheres — Part 2: Group I engines for use in underground workings susceptible to firedamp and/or combustible dust |
— |
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CEN |
EN 1834-3:2000 Reciprocating internal combustion engines — Safety requirements for design and construction of engines for use in potentially explosive atmospheres — Part 3: Group II engines for use in flammable dust atmospheres |
— |
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CEN |
EN 1839:2003 Determination of explosion limits of gases and vapours |
— |
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CEN |
EN 12581:2005 Coating plants — Machinery for dip coating and electrodeposition of organic liquid coating material — Safety requirements |
— |
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CEN |
EN 12621:2006 Machinery for the supply and circulation of coating materials under pressure — Safety requirements |
— |
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CEN |
EN 12757-1:2005 Mixing machinery for coating materials — Safety requirements — Part 1: Mixing machinery for use in vehicle refinishing |
— |
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CEN |
EN 12874:2001 Flame arresters — Performance requirements, test methods and limits for use |
— |
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CEN |
EN 13012:2001 Petrol filling stations — Construction and performance of automatic nozzles for use on fuel dispensers |
— |
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CEN |
EN 13160-1:2003 Leak detection systems — Part 1: General principles |
— |
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CEN |
EN 13237:2003 Potentially explosive atmospheres — Terms and definitions for equipment and protective systems intended for use in potentially explosive atmospheres |
— |
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CEN |
EN 13463-1:2001 Non-electrical equipment for potentially explosive atmospheres — Part 1: Basic method and requirements |
— |
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CEN |
EN 13463-2:2004 Non-electrical equipment for use in potentially explosive atmospheres — Part 2: Protection by flow restricting enclosure ‘fr’ |
— |
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CEN |
EN 13463-3:2005 Non-electrical equipment for use in potentially explosive atmospheres — Part 3: Protection by flameproof enclosure ‘d’ |
— |
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CEN |
EN 13463-5:2003 Non-electrical equipment intended for use in potentially explosive atmospheres — Part 5: Protection by constructional safety ‘c’ |
— |
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CEN |
EN 13463-6:2005 Non-electrical equipment for use in potentially explosive atmospheres — Part 6: Protection by control of ignition source ‘b’ |
— |
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CEN |
EN 13463-8:2003 Non-electrical equipment for potentially explosive atmospheres — Part 8: Protection by liquid immersion ‘k’ |
— |
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CEN |
EN 13616:2004 Overfill prevention devices for static tanks for liquid petroleum fuels |
— |
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EN 13616:2004/AC:2006 |
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CEN |
EN 13617-1:2004 Petrol filling stations — Part 1: Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units |
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EN 13617-1:2004/AC:2006 |
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CEN |
EN 13617-2:2004 Petrol filling stations — Part 2: Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers |
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CEN |
EN 13617-3:2004 Petrol filling stations — Part 3: Safety requirements for construction and performance of shear valves |
— |
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CEN |
EN 13673-1:2003 Determination of the maximum explosion pressure and the maximum rate of pressure rise of gases and vapours — Part 1: Determination of the maximum explosion pressure |
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CEN |
EN 13673-2:2005 Determination of maximum explosion pressure and the maximum rate of pressure rise of gases and vapours — Part 2: Determination of the maximum rate of explosion pressure rise |
— |
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CEN |
EN 13760:2003 Automotive LPG filling system for light and heavy duty vehicles — Nozzle, test requirements and dimensions |
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CEN |
EN 13821:2002 Potentially explosive atmospheres — Explosion prevention and protection — Determination of minimum ignition energy of dust/air mixtures |
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CEN |
EN 13980:2002 Potentially explosive atmospheres — Application of quality systems |
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CEN |
EN 14034-1:2004 Determination of explosion characteristics of dust clouds — Part 1: Determination of the maximum explosion pressure pmax of dust clouds |
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CEN |
EN 14034-2:2006 Determination of explosion characteristics of dust clouds — Part 2: Determination of the maximum rate of explosion pressure rise (dp/dt)max of dust clouds |
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CEN |
EN 14034-3:2006 Determination of explosion characteristics of dust clouds — Part 3: Determination of the lower explosion limit LEL of dust clouds |
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CEN |
EN 14034-4:2004 Determination of explosion characteristics of dust clouds — Part 4: Determination of the limiting oxygen concentration LOC of dust clouds |
— |
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CEN |
EN 14373:2005 Explosion suppression systems |
— |
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CEN |
EN 14460:2006 Explosion resistant equipment |
— |
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CEN |
EN 14491:2006 Dust explosion venting protective systems |
— |
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CEN |
EN 14492-1:2006 Cranes — Power driven winches and hoists — Part 1: Power driven winches |
— |
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CEN |
EN 14522:2005 Determination of the auto ignition temperature of gases and vapours |
— |
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CEN |
EN 14591-1:2004 Explosion prevention and protection in underground mines — Protective systems — Part 1: 2-bar explosion proof ventilation structure |
— |
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CEN |
EN 14591-1:2004/AC:2006 |
— |
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CEN |
EN 14678-1:2006 LPG equipment and accessories — Construction and performance of LPG equipment for automotive filling stations — Part 1: Dispensers |
— |
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CEN |
EN 14681:2006 Safety of machinery — Safety requirements for machinery and equipment for production of steel by electric arc furnaces |
— |
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CEN |
EN 14973:2006 Conveyor belts for use in underground installations — Electrical and flammability safety requirements |
— |
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CENELEC |
EN 50014:1997 Electrical apparatus for potentially explosive atmospheres — General requirements |
— |
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EN 50014:1997/A1:1999 |
Note 3 |
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EN 50014:1997/A2:1999 |
Note 3 |
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CENELEC |
EN 50015:1998 Electrical apparatus for potentially explosive atmospheres — Oil immersion ‘o’ |
— |
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CENELEC |
EN 50017:1998 Electrical apparatus for potentially explosive atmospheres — Powder filling ‘q’ |
— |
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CENELEC |
EN 50018:2000 Electrical apparatus for potentially explosive atmospheres — Flameproof enclosure ‘d’ |
— |
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EN 50018:2000/A1:2002 |
Note 3 |
Date expired (30.6.2003) |
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CENELEC |
EN 50020:2002 Electrical apparatus for potentially explosive atmospheres — Intrinsic safety ‘i’ |
— |
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CENELEC |
EN 50104:2002 Electrical apparatus for the detection and measurement of oxygen — Performance requirements and test methods |
EN 50104:1998 Note 2.1 |
Date expired (1.2.2005) |
EN 50104:2002/A1:2004 |
Note 3 |
Date expired (1.8.2004) |
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CENELEC |
EN 50241-1:1999 Specification for open path apparatus for the detection of combustible or toxic gases and vapours — Part 1: General requirements and test methods |
— |
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EN 50241-1:1999/A1:2004 |
Note 3 |
Date expired (1.8.2004) |
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CENELEC |
EN 50241-2:1999 Specification for open path apparatus for the detection of combustible or toxic gases and vapours — Part 2: Performance requirements for apparatus for the detection of combustible gases |
— |
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CENELEC |
EN 50281-1-1:1998 Electrical apparatus for use in the presence of combustible dust — Part 1-1: Electrical apparatus protected by enclosures — Construction and testing + Corrigendum 08.1999 |
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EN 50281-1-1:1998/A1:2002 |
Note 3 |
Date expired (1.12.2004) |
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CENELEC |
EN 50281-1-2:1998 Electrical apparatus for use in the presence of combustible dust — Part 1-2: Electrical apparatus protected by enclosures — Selection, installation and maintenance + Corrigendum 12.1999 |
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EN 50281-1-2:1998/A1:2002 |
Note 3 |
Date expired (1.12.2004) |
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CENELEC |
EN 50281-2-1:1998 Electrical apparatus for use in the presence of combustible dust — Part 2-1: Test methods — Methods for determining the minimum ignition temperatures of dust |
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CENELEC |
EN 50284:1999 Special requirements for construction, test and marking of electrical apparatus of equipment group II, Category 1 G |
— |
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CENELEC |
EN 50303:2000 Group I, Category M1 equipment intended to remain functional in atmospheres endangered by firedamp and/or coal dust |
— |
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CENELEC |
EN 50381:2004 Transportable ventilated rooms with or without an internal source of release + Corrigendum 12.2005 |
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CENELEC |
EN 60079-1:2004 Electrical apparatus for explosive gas atmospheres — Part 1: Flameproof enclosures ‘d’ (IEC 60079-1:2003) |
EN 50018:2000 and its amendment Note 2.1 |
1.3.2007 |
CENELEC |
EN 60079-2:2004 Electrical apparatus for explosive gas atmospheres — Part 2: Pressurized enclosures ‘p’ (IEC 60079-2:2001) |
— |
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CENELEC |
EN 60079-7:2003 Electrical apparatus for explosive gas atmospheres — Part 7: Increased safety ‘e’ (IEC 60079-7:2001) |
EN 50019:2000 Note 2.1 |
Date expired (1.7.2006) |
CENELEC |
EN 60079-15:2003 Electrical apparatus for explosive gas atmospheres — Part 15: Type of protection ‘n’ (IEC 60079-15:2001 (Modified)) |
EN 50021:1999 Note 2.1 |
Date expired (1.7.2006) |
CENELEC |
EN 60079-15:2005 Electrical apparatus for explosive gas atmospheres — Part 15: Construction, test and marking of type of protection ‘n’ electrical apparatus (IEC 60079-15:2005) |
EN 60079-15:2003 Note 2.1 |
1.6.2008 |
CENELEC |
EN 60079-18:2004 Electrical apparatus for explosive gas atmospheres — Part 18: Construction, test and marking of type of protection encapsulation ‘m’ electrical apparatus (IEC 60079-18:2004) |
— |
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CENELEC |
EN 61779-1:2000 Electrical apparatus for the detection and measurement of flammable gases — Part 1: General requirements and test methods (IEC 61779-1:1998 (Modified)) |
EN 50054:1998 Note 2.1 |
Date expired (30.6.2003) |
EN 61779-1:2000/A11:2004 |
Note 3 |
Date expired 1.8.2004) |
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CENELEC |
EN 61779-2:2000 Electrical apparatus for the detection and measurement of flammable gases — Part 2: Performance requirements for group I apparatus indicating a volume fraction up to 5 % methane in air (IEC 61779-2:1998 (Modified)) |
EN 50055:1998 Note 2.1 |
Date expired (30.6.2003) |
CENELEC |
EN 61779-3:2000 Electrical apparatus for the detection and measurement of flammable gases — Part 3: Performance requirements for group I apparatus indicating a volume fraction up to 100 % methane in air (IEC 61779-3:1998 (Modified)) |
EN 50056:1998 Note 2.1 |
Date expired (30.6.2003) |
CENELEC |
EN 61779-4:2000 Electrical apparatus for the detection and measurement of flammable gases — Part 4: Performance requirements for group II apparatus indicating a volume fraction up to 100 % lower explosive limit (IEC 61779-4:1998 (Modified)) |
EN 50057:1998 Note 2.1 |
Date expired (30.6.2003) |
CENELEC |
EN 61779-5:2000 Electrical apparatus for the detection and measurement of flammable gases — Part 5: Performance requirements for group II apparatus indicating a volume fraction up to 100 % gas (IEC 61779-5:1998 (Modified)) |
EN 50058:1998 Note 2.1 |
Date expired (30.6.2003) |
CENELEC |
EN 62013-1:2002 Caplights for use in mines susceptible to firedamp — Part 1: General requirements — Construction and testing in relation to the risk of explosion (IEC 62013-1:1999 (Modified)) |
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Note 1 |
Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise. |
Note 2.1 |
The new (or amended) standard has the same scope as the superseded standard. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
Note 3 |
In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
NOTE:
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Any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC (2) of the European Parliament and Council amended by the Directive 98/48/EC (3). |
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Publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages. |
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This list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list. |
More information about harmonised standards on the Internet at
http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/
(1) ESO: European Standardisation Organisation:
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CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be) |
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CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org) |
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ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org) |
(2) OJ L 204, 21.7.1998, p. 37.
(3) OJ L 217, 5.8.1998, p. 18.
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/9 |
Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
(2006/C 306/03)
This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006. Statements of objection must reach the Commission within six months from the date of this publication.
SUMMARY
COUNCIL REGULATION (EC) No 510/2006
Application for registration according to Article 5 and Article 17(2)
‘HOLSTEINER KARPFEN’
EC No: DE/PGI/005/0343/03.05.2004
PDO ( ) PGI ( X )
This summary has been drawn up for information only. For full details, interested parties are invited to consult the full version of the product specification obtainable from the national authorities indicated in section 1 or from the European Commission (1).
1. Responsible department in the Member State:
Name: |
Bundesministerium der Justiz |
Address: |
D-11015 Berlin |
Tel.: |
(49-30) 20 25 70 |
Fax: |
(49-30) 20 25 95 25 |
e-mail: |
poststelle@bmj.bund.de |
2. Group:
Name: |
Verband der Binnenfischer und Teichwirte Schleswig-Holstein e.V. |
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Address: |
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Tel.: |
(49-431) 719 39 61 |
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Fax: |
(49-431) 719 39 65 |
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e-mail: |
fischereiverband@lksh.de |
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Composition: |
Producers/processors ( X ) Other ( ) |
3. Type of product:
Class 1.7: Fish — fresh carp and products derived therefrom
4. Specification (summary of requirements under Article 4(2))
4.1 Name: ‘Holsteiner Karpfen’
4.2 Description: In Schleswig-Holstein, customers wanting table carp ask for ‘Holsteiner Karpfen’, which are mirror carp (Cyprinus carpio). The traditional dish Karpfen blau can only be made with mirror carp. The minimum weight of individual live fish is about 1,5 kg; the average sale weight is around 2,5 kg. In order to achieve these weights, a three- or usually four-year growing period is required.
‘Holsteiner Karpfen’ is elongated in form and has few scales (mirror carp). Its meat is light in colour, full/firm, tender and low in fat, with a unique taste and pure smell.
‘Holsteiner Karpfen’ has been slaughtered and is ready to cook when sold to the final consumer. Ready to cook means that it meets customer requirements for whole carp, carp which has been split (halved) or divided into cuts, or for fresh fillets.
This does not give rise to a change in quality.
Similarly, smoked ‘Holsteiner Karpfen’ is hot-smoked whole or in individual cuts (as above).
4.3 Geographical area: The geographical area comprises all carp ponds in Schleswig-Holstein. Historically, carp pond farming started in 1196 in Reinfeld (Holstein), at the Cistercian monastery of Reyenfelde, also becoming most widespread in the south of Schleswig-Holstein. There is only a small amount of carp pond farming in northern Schleswig-Holstein because of the climate. However, consumers throughout the Federal Land of Schleswig-Holstein are familiar with ‘Holsteiner Karpfen’. The designation ‘Holsteiner Karpfen’ makes clear that the (table) carp comes from the Federal Land of Schleswig-Holstein and has not been imported from other countries, (with the long distances this involves).
4.4 Proof of origin: Pond farmers and traders undertake not to bring any goods of different origin to market under the designation ‘Holsteiner Karpfen’.
Traders and caterers use their purchase invoices to prove the purchase and sale of Holsteiner Karpfen which they have obtained.
For monitoring purposes, records are kept on holding size, purchase and sale of fish, feed, etc., and the purchase of carp. The Schleswig-Holstein Chamber of Agriculture monitors proper compliance with good pond-farming practice, the hygiene of installations and the quality of table carp.
4.5 Method of production: ‘Holsteiner Karpfen’ is reared in Schleswig-Holstein up to table-carp size (more than 1,5 kg). In Schleswig-Holstein, the tradition of large carp weighing more than 2 kg each still prevails. The weight is usually attained at the end of the third to fourth growth period (summer). Feeding is predominantly pond-based (bed nutrients, zooplankton, etc. in the pond). Cereals and soya are the only additional feed used to balance and supplement the protein-rich natural diet. This is part of good farming practice.
For processed products such as smoked carp, the geographical indication (Holsteiner Karpfen) relates to the raw material, fresh Holsteiner Karpfen.
4.6 Link: Schleswig-Holstein is Germany's most northerly area where the carp is found. The maritime climate prevalent in this region, with its lower temperatures, together with the low level of supplementary feeding, results in the carp's slower rate of growth. It thus acquires lean, full/firm meat which is light in colour and has a unique, pure taste and smell.
Holsteiner Karpfen is a speciality with a long tradition. It is well-known within the region as well as nationally, and is particularly well regarded by consumers.
‘Holsteiner Karpfen’ is produced as a table fish on traditional pond farms which have a history spanning several centuries. Carp pond farming was first a branch of economic activity on estate holdings, and is now undertaken both as a full-time and as a subsidiary business activity on around 200 family farms covering c. 2 000 ha of ponds. The latter thus form an important ecological part of Schleswig-Holstein's landscape.
‘Holsteiner Karpfen’ is reared up to table-fish size, slaughtered and processed in Schleswig-Holstein. If fry from elsewhere are used, at least the final year of growth must take place in Schleswig-Holstein. However, this generally applies to the third and fourth years, which are key to the weight gain and maturing of flavour of the table-fish sizes typical of Schleswig-Holstein. This denotes a weight increase of a good 2 kg per fish.
Unfortunately, pond farming in Schleswig-Holstein cannot always guarantee the supply of fry, due, in particular, to the cormorant problem. Additional fry weighing up to about 500 g each repeatedly need to be bought. The significance of the amount of growth in the last one to two years becomes clear when one considers the three- to fivefold increase in unit weight.
Goods which are conspicuous in particular by their lower prices and which have been transported long distances (live fish transport) are often offered with names designed to suggest Holsteiner origin.
The protected geographical indication sought provides clarity and certainty here for producers and, above all, for consumers.
4.7 Inspection body:
Name: |
Ministerium für Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein |
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Address: |
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Tel.: |
(49-431) 988 49 66 |
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Fax: |
(49-431) 988 53 43 |
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e-mail: |
poststelle@mlur.landsh.de |
4.8 Labelling: Protected geographical indication (PGI)
4.9 National requirements: —
(1) European Commission, Directorate-General for Agriculture and Rural Development, Agricultural Product Quality Policy, B-1049 Brussels.
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/12 |
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
(2006/C 306/04)
Date of adoption of the decision |
11.8.2006 |
Reference number of the aid |
N 266/06 |
Member State |
Netherlands |
Region |
Provincie Gelderland |
Title |
Milieuinvesteringssteun ten gunste van de Nijmeegsche IJzergieterij |
Legal basis |
Verordening majeure projecten, Gelderland 1998. Vastgesteld bij besluit der Staten van 10 december 1997, nr. C-339 (Provinciaal Blad nr. 68 van 23 december 1997). Inwerking getreden op 1 januari 1998, alsmede concept beschikking. |
Type of measure |
Individual aid |
Objective |
Environmental protection |
Form of aid |
Direct grant |
Budget |
Overall budget: EUR 870 563 million |
Intensity |
40 % |
Duration (period) |
11 August 2006 — 31 December 2008 |
Economic sectors |
All sectors, Steel |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/
Date of adoption of the decision |
18.2.2004 |
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Reference number of the aid |
N 616/03 |
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Member State |
France |
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Title |
Rescue aid for the Imprimerie Nationale |
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Type of measure |
Individual aid |
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Objective |
Rescue aid |
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Form of aid |
Reimbursable shareholder's advance |
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Budget |
EUR 65 million |
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Economic sectors |
Printing |
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Name and address of the granting authority |
|
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/
Date of adoption of the decision |
24.10.2006 |
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Reference number of the aid |
N 622/05 |
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Member State |
Slovakia |
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Title |
Individuálna pomoc na audiovizuálnu tvorbu v prospech spoločnosti ARTREAL |
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Legal basis |
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Type of measure |
Individual aid |
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Objective |
Culture |
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Form of aid |
Direct grant |
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Budget |
Annual budget: SKK 2,5 million |
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Intensity |
8 % |
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Duration |
1 January 2006 — 31 December 2006 |
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Economic sectors |
Media |
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Name and address of the granting authority |
|
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/
Date of adoption of the decision |
13.11.2006 |
Reference number of the aid |
N 639/06 |
Member State |
Netherlands |
Title |
Vrijstelling van energiebelasting voor energie-intensieve eindverbruikers |
Legal basis |
Wet belastingen milieugrondslag |
Type of measure |
Aid scheme |
Objective |
Energy saving |
Form of aid |
Tax allowance |
Budget |
Annual budget: EUR 7 million; Overall budget: EUR 42 million |
Duration |
1 January 2007 — 31 December 2012 |
Economic sectors |
All sectors |
Name and address of the granting authority |
Ministerie van Financiën |
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/
Date of adoption of the decision |
16.5.2006 |
||||
Reference number of the aid |
N 653/05 |
||||
Member State |
Portugal |
||||
Region |
Lisboa e Vale do Tejo — Setúbal |
||||
Title |
Auxílio à formação — Webasto Portugal |
||||
Legal basis |
Portaria n.o 1285/2003, de 17 de Novembro |
||||
Type of measure |
Individual aid |
||||
Objective |
Training |
||||
Form of aid |
Direct grant |
||||
Budget |
Overall budget: EUR 3,43 million |
||||
Duration |
19 July 2004 — 14 July 2006 |
||||
Economic sectors |
Manufacturing industry |
||||
Name and address of the granting authority |
|
The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/15 |
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 5 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment
(Text with EEA relevance)
(2006/C 306/05)
Aid No |
XE 30/06 |
|||||
Member State |
Poland |
|||||
Region |
Województwo pomorskie — kod NUTS PL63 Miasto Słupsk — kod NUTS PL631 |
|||||
Title of aid scheme or name of company receiving individual aid |
Decision No XLII/521/05 of the Słupsk City Council of 29 June 2005 on exemption from property tax in connection with the creation of new jobs, as amended by Decision No LVII/740/06 of the Słupsk City Council of 31 May 2006 |
|||||
Legal basis |
|
|||||
Annual expenditure planned under the scheme |
Annual overall amount |
annual — EUR 0,125 million overall — EUR 0,1875 million |
||||
Loans guaranteed |
|
|||||
Maximum aid intensity |
In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation |
Yes |
||||
Date of implementation |
20.6.2006 |
|||||
Duration of scheme or individual aid award |
Until 31.12.2006 |
|||||
Objective of aid |
Article 4: Creation of employment |
Yes |
||||
Article 5: Recruitment of disadvantaged and disabled workers |
No |
|||||
Article 6: Employment of disabled workers |
No |
|||||
Economic sectors concerned |
|
Yes |
||||
Name and address of the granting authority |
Urząd Miejski w Słupsku |
|||||
Plac Zwycięstwa 3, PL-76-200 Słupsk |
||||||
Other information |
If the aid programme is co-financed by Community funds, please insert the following sentence: The aid programme is co-financed under (reference) |
|||||
Aid subject to prior notification to the Commission |
In conformity with Article 9 of the Regulation |
Yes |
(1) With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/16 |
Non-opposition to a notified concentration
(Case COMP/M.4451 — Alcatel/Nortel Networks)
(Text with EEA relevance)
(2006/C 306/06)
On 7 December 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
— |
from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
— |
in electronic form on the EUR-Lex website under document number 32006M4451. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
III Notices
Commission
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/17 |
Call for Proposals — Services in support of business and innovation
(2006/C 306/07)
1. Context
The Competitiveness and Innovation Framework Programme (CIP) is established to contribute to the competitiveness and innovative capacity of the Community with particular attention to the needs of Small and Medium-sized Enterprises (SMEs). It brings together several existing EU activities that support business and innovation.
As a major component of the Entrepreneurship and Innovation Programme (EIP), one of the three CIP sub-programmes, the European Commission implements a measure to provide SMEs with integrated services in support of business and innovation. These services will be delivered through a single network to be established through this call for proposals. Article 21 (CIP) and Annex III (CIP) detail the overall framework under which these services shall be delivered. (1)
The key elements of this call concern:
— |
The provision of an integrated and performing network of business support services building on the experience achieved with the currently operating networks of 270 Euro Info Centres (EIC) and 250 Innovation Relay Centres (IRC); |
— |
The increase in synergies among all network partners, with the objective of ensuring the provision of integrated services; |
— |
Improved access and proximity for SMEs to services (‘No wrong door’ concept); |
— |
Lighter administrative procedures; |
— |
Professionalism and quality of services provided. |
In this context, will be rejected any proposal directly or indirectly contrary to EU policy or against public health, human rights, citizen's security and freedom of expression.
2. Objectives
The main objective of this call is to implement, on the basis of Article 21 (CIP), a single network providing integrated services in support of business and innovation.
The individual objectives are to:
— |
Increase the synergies among network partners through the provision of integrated services; |
— |
Maintain and continually improve the access, proximity, quality and professionalism of the integrated services provided by the network; |
— |
Raise awareness — in particular among SMEs — regarding Community policy issues and the services offered by the network, including the improvement of environmental awareness and eco-efficiency of SMEs and the Cohesion policy and Structural funds; |
— |
Consult businesses and obtain their opinions on Community policy options; |
— |
Ensure that the network offers complementarities with other relevant services providers; |
— |
Reduce the administrative burden for all parties. |
To implement these objectives, proposals will include the following services:
— |
Information, feedback, business co-operation and internationalisation services (Art. 21.2 (CIP), Module a) |
— |
Services for innovation and for the transfer of both technology and knowledge (Art. 21.2 (CIP), Module b) |
— |
Services encouraging the participation of SMEs in the Community framework programme for RTD (Art. 21.2 (CIP), Module c) |
To ensure services of highest quality for SMEs and to implement a single network, the following general provisions apply for the whole network and for each network partner:
— |
Implementing the ‘No wrong door’ concept; |
— |
Excellence, proximity and professionalism of network partners. |
The Commission expects that proposals from single organisations or consortia will provide integrated services of all service modules. It is also expected that proposals show a balance of activities between services as described in Module a and b of Article 21.2 (CIP). Services related to Module c of Article 21.2 (CIP) must be covered in each proposal. The priority for integrated services will be reflected in the evaluation process and respective awarding decision.
Scheduled start date for the action: January 2008
3. Budget
The estimated budget available for the call is EUR 320 million for the period 2008-2013. The Commission will provide a co-financing of up to 60 % of eligible costs. The final percentage will be subject to the overall budget requested by successful applicants, the total budget available and the quality of proposals.
Moreover, it is expected that the budget allocation within proposals will reflect the range and complexity of services in each module with a fairly even distribution between services and costs for Modules a and b of Article 21.2 (CIP). Services and costs for Module c will constitute a smaller portion of the budget than either Module a or b, but also need to be sufficiently considered.
While there is no pre-defined allocation of budget by Member State, the distribution will reflect to a certain extent the socio-economic criteria that correspond approximately to the total population in Member States.
4. Contractual Requirements
Successful applicants will sign a Framework Partnership Agreement (the ‘FPA’) and its annexes, which includes a Specific Grant Agreement. The FPA specifies the contractual terms and conditions to which applicants will be expected to agree if their proposal receives an award for funding.
The FPA is the formalised relationship between the Commission and its partners. It details the role of the Commission and the role of the partners. If concluded with a consortium, the FPA details the responsibility of the co-ordinator and the responsibility of co-partners.
Every partner shall supply evidence of the co-financing provided, either by way of own resources, or in the form of financial transfers from third parties.
Please note that one action may give rise to the award of only one grant from the budget to any partner.
The Commission reserves the right to award a grant of less than the amount requested by the applicant. Grants will not be awarded for more than the amount requested.
The publication does not guarantee the availability of funds for the above action. The implementation of the call is further subject to the formal opinion of the EIP management committee and the adoption of the 2007 budget.
A network brand will be adopted in due time: all network partners will be required to use it for all network activities and actively promote it.
5. Content of Proposals
Proposals to be submitted will mainly be constituted by the following two parts:
— |
A proposed Implementing Strategy, notably on the integration, access and proximity of services, having a 6 year time horizon (2008-2013) that will define, for a given geographical area and for each of the services defined in Article 21.2, Modules a to c (CIP), the objectives, the justification and the methodology for implementation. This document will constitute the annex I of the FPA if the proposal is awarded. |
— |
A Preliminary Work Programme that will translate the implementing strategy into detailed actions during the first 36 months with the corresponding estimated budget. This document will constitute the annex I of the first Specific grant agreement if the proposal is awarded. |
The European Commission will conduct a mid-term evaluation of the performance of the network. The results of the evaluation will have an impact for the Work Programmes to be sent to the Commission by the end of 2010 to prepare the next Specific grant agreements, including a possible modification of the financing arrangements.
6. Applicants
Proposals may be made by single organisations able to provide the services as described above or by consortia comprising a group of host organisations. However, given the likely size of the proposals, it is expected that most proposals will be made up of consortia.
A consortium shall be understood as a flexible structure based on national good practices and must fit with the domestic setup of services in support of business and innovation.
Each consortium will be represented by a co-ordinating host organisation for contractual and administrative purposes. For other matters, the Commission will maintain direct relations with each host organisation within a consortium and exchange views about policy issues and strategic views of the single network development.
In addition, each host organisation will have direct access to products and services provided by a technical and administrative support structure (the Commission is currently exploring the possibility of using an Executive Agency to run these activities) for the implementation of the single network. A constant dialogue between this structure and all host organisations will be promoted. This will not be affected by the contractual relationship between this structure and the consortium coordinator.
There is no theoretical limit to the number of host organisations within a consortium. However, the co-ordination arrangements generally become more critical as consortia grow. Arrangements for internal co-ordination of consortia shall be explicit and be an important aspect in selecting consortia.
Co-operation with international organisations with intergovernmental agreements is welcomed.
7. Geographical coverage
The Commission seeks a complete geographical coverage of services in support of business and innovation, without duplication of activities in any geographic area.
Applicants should provide in their proposal a detailed description of coherent, accessible and integrated services to be offered within a clearly delimited geographical area. The geographical area covered by the proposal should therefore be sufficiently large to demonstrate that quality services will be provided to a significant target population.
For most countries, it is expected that the typical size of geographical area will more or less correspond to the NUTS1 nomenclature (2). Applying consortia may assign the responsibility for serving smaller areas within these geographical areas to particular host organisations within a consortium (NUTS2).
Where the NUTS1 level does not correspond to domestic structures, alternative geographical area of comparable size may be considered. (3)
Consortia offering the described services in a cross-border area are eligible if all host organisations in the consortia are eligible. A cross-border consortium shall demonstrate that services under all modules are accessible for clients from the geographical area covered, either through a sufficient number of host organisations in the consortium or through a non-discriminatory access to services in the countries involved.
Although formally eligible, trans-national consortia not operating in neighbouring geographical areas are not encouraged. Experience has shown that the added value from a closer co-operation of two separate geographical areas within the same consortium does not balance the extra cost for co-ordination. Specific co-operation activities between two or more geographical areas might be included as special services or activities in the respective modules.
Proposals of host organisations wishing to provide services in geographical areas larger than the NUTS1 level will be eligible.
8. Eligibility
Applicants and applications must comply with the following conditions in order to be eligible:
— |
Applicants must be legal entities established in EU 25, Bulgaria, Romania, Candidate countries, EEA member countries, the Western Balkan countries and other Third countries as defined in Article 4 of the Competitiveness and Innovation Programme and explained in V.1 of the Submission set; |
— |
Corporate bodies must be properly constituted and registered under the law; |
— |
Applications must be signed, dated and complete, using the submission requirements indicated in section 11 of the present document; |
— |
Applications must be received before the closing date; |
— |
Only applications for projects that are strictly non-profit-making and/or whose immediate objective is non-commercial shall be eligible; |
Moreover, according to article 93 of the Financial Regulation (Council regulation No 1605/2002) mentioned below, candidates shall be excluded from participation in a grant procedure if:
(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 judgement 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 judgement 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. |
By using the ‘Exclusion Form’ (attached to the ‘Submission Set’), applicants shall declare on their honour that they are not in one of the situations listed above. The authorising officer responsible may however request the evidence described in the ‘Exclusion Form’ above mentioned. In such case, applicants shall be bound to supply such proof, unless there is a material impossibility recognised by the authorising officer responsible.
In addition, and according to article 94 of the Financial Regulation mentioned below, grants may not be awarded to candidates who, during the award procedure:
(g) |
are subject to a conflict of interest; |
(h) |
are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information. |
Please note that, according to article 96 of the Council Regulation — EC, Euratom No 1605/2002 of 25 June 2002 — on the Financial Regulation applicable to the general budget of the European Communities and according to article 133 of the Commission Regulation (EC, Euratom No 2342/2002 of 23 December 2002 — as last modified by Regulation 1248/2006 of 7 August 2006, laying down detailed rules for the implementation of the Financial Regulation, administrative and financial penalties may be imposed by the Commission on applicants who are excluded in relation to points a) to h) above mentioned.
Applicants may act individually or in consortium with partner organisations; partners of applicants must satisfy the same eligibility criteria as those for applicants
9. Selection
The selection will be based on the applicants' financial and technical capacity to complete the proposed project.
Financial capacity
For the financial capacity, applicants must show that they have stable and sufficient sources of finance to ensure the continuity of their host organisation throughout the project and to play a part in financing it.
To that end, they must include in the proposal their annual accounts for the last two financial years (i.e. profit and loss accounts; balance sheet). In conformity with article 176 of the Commission Regulation (EC, Euratom No 2342/2002 of 23 December 2002 — as last modified by Regulation 1248/2006 of 7 August 2006, laying down detailed rules for the implementation of the Financial Regulation), the verification of financial capacity will not be applied to public bodies.
Where the proposed amount requested from the Commission exceeds EUR 500 000 per host organisation, an audit report on those accounts must be provided before conclusion of the FPA. For applying consortia, the threshold concerning the audit report is applicable at the level of individual host organisations and not at the level of the consortium.
Technical capacity
To assess the technical capacity of applicants, they must show that they have the operational (technical and management) capacity to complete the operation and demonstrate their capacity to manage a large-scale activity corresponding with the size of the project described in the proposal. In particular, the team responsible for the project must have adequate professional qualifications and experience.
The list of criteria that will be used to assess the technical capacity is available in the ‘Submission set’.
Applicants must be directly responsible for the preparation and management of the project, not acting as an intermediary. They must provide information about the capacity to provide the service and demonstrate their experiences in working with other parties, in trans-national projects and in providing the services expected.
10. Award
An evaluation of the quality of proposals, including the proposed budget, will be carried out in accordance with the following award criteria:
|
/30 |
||
|
/30 |
||
|
/15 |
||
|
/10 |
||
|
/15 |
||
Maximum total score |
/100 |
If a total score lower than 70 points or a score lower than 50 % for any of the above five criteria is obtained, the proposal will not be evaluated further.
The complete selection and evaluation procedure is described in part VIII of the Submission set.
Indicative scheduled month for closing the award procedure: August 2007.
Please note that, in case of award, the partners authorise the Commission, according to article II.5.2 of the Draft grant agreement, to publish the following information in any form and medium, including via the Internet:
— |
the partner's and co-partner's name and the address, |
— |
the subject and purpose of the grant, |
— |
the amount granted and the proportion of the action's total cost covered by the funding. |
11. Submission of Proposal
The proposal must be drafted using the specific submission set available for this call.
The submission set can be downloaded from the CIP call website http://ec.europa.eu/enterprise/funding/cip/index.htm
Proposals must be submitted electronically. A user guide is available in the standard submission set.
The Electronic Proposal Submission Tool (EPSS) can be accessed via the abovementioned website.
Reminder: Late delivery will lead to the applicant being excluded from the award procedure.
— |
Main documents to attach to the submission set: Full proposal and description of the project/ action. Legal documents: Official registration certificate, Articles of association/Statutes, List of directors/executive board members (names and forenames, titles or positions in the applicant organisation), organisation chart, rules of procedure. Evidence of technical capacity: Curriculum vitae of persons to be performing work in connection with the operation. Financial capacity: Annual accounts (audited, where applicable) for the last two financial years (or annual budget in the case of a public body). Idem for partners. |
12. Equal opportunity
The European Community has the task to promote equality between women and men and shall aim in all its activities to eliminate gender inequalities (articles 2 and 3 of the EC Treaty). In this context, women are particularly encouraged to be involved in proposal submission.
(1) http://ec.europa.eu/enterprise/enterprise_policy/cip/index_en.htm.
(2) NUTS = Nomenclature of territorial units for statistics (Regulation (EEC) No 2052/88 of 24 June 1988; Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003); for further information see
http://ec.europa.eu/comm/eurostat/ramon/nuts
(3) Please note that the use of NUTS1 serves purely as an indication for this specific call for proposals. It does not prejudice any other current or future initiatives related to the NUTS classification.
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/24 |
I-Rome: operation of scheduled air service
Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Pantelleria-Palermo and vice versa, Lampedusa-Palermo and vice versa, Lampedusa-Catania and vice versa, Lampedusa-Rome and vice versa and Pantelleria-Rome and vice versa
(2006/C 306/08)
1. Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, the Italian Government, acting in accordance with the decisions taken at the interdepartmental conference chaired by the Region of Sicily, has decided to impose a public service obligation on scheduled air services between:
Pantelleria-Palermo and vice versa
Lampedusa-Palermo and vice versa
Lampedusa-Catania and vice versa
Lampedusa-Rome and vice versa
Pantelleria-Rome and vice versa
The terms of this public service obligation were published in Official Journal of the European Union C 305 of 14.12.2006.
If, within 30 days of publication of the abovementioned obligation, no air carrier has commenced or is about to commence scheduled air services on the abovementioned group of routes in accordance with the public service obligation imposed and without requesting financial compensation, the Government has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to those routes to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.
The right to operate the service on the group of routes in question will be granted by means of public tender on the basis of the most economically advantageous bid in accordance with Article 4(1)(f) of Regulation (EEC) No 2408/92, taking into consideration the amount of financial compensation indicated in the tender dossier referred to in Section 7 of this invitation to tender.
2. Subject of the invitation to tender: The operation of scheduled air services on the abovementioned group of routes in accordance with the public service obligation published in Official Journal of the European Union C 305 of 14.12.2006, in accordance with Regulation (EEC) No 2408/92.
3. Participation: The invitation to tender is open to all air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 which have the technical requisites specified in the public service obligation published in Official Journal of the European Union C 305 of 14.12.2006.
4. Procedure: This invitation to tender is subject to Article 4(1)(d), (e), (f), (h) and (i) of Council Regulation (EEC) No 2408/92.
5. Tender dossier: The complete tender dossier contains the specific rules applicable to the invitation to tender, the length of validity of the tenders and other relevant information. It constitutes, in all respects, an integral part of this invitation to tender and can be requested, free of charge, from the following address:
ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.
6. Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.
7. Financial compensation: The maximum amount of compensation to be used as a basis for the award of operating rights for this group of routes is EUR 9 093 509 per year, including VAT.
Tenders must explicitly indicate, with an annual breakdown, within the limit referred to above, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.
The exact amount of compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.
In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment, which does not constitute a consideration but compensation for providing a service which is subject to a public service obligation.
The annual payments will be made in the form of instalments and a final balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in Sections 10 and 11 below.
8. Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligation published in Official Journal of the European Union C 305 of 14.12.2006.
9. Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the group of routes in question are to commence operation in accordance with the public service obligation imposed.
The proper operation of the service and the carrier's cost accounting for the group of routes in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.
10. Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligation, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligation within 30 days of being served notice to comply fully with the obligation accepted.
11. Non-fulfilment and penalties: Failure to operate the service for the following reasons will not constitute non-fulfilment attributable to the carrier:
hazardous weather conditions,
closure of one of the airports;
safety concerns;
industrial action; or
force majeure.
In such cases, the amount of compensation will be reduced in proportion to the number of flights not operated.
The carrier is responsible for ensuring that the obligation accepted under the agreement is strictly adhered to. In the event of partial or total non-fulfilment for reasons other than force majeure or abnormal or unforeseeable events beyond the carrier's control which the carrier could not reasonably avoid in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.
After receiving formal notice, the carrier is allowed up to 7 days to justify itself.
The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 3 000 for every flight cancelled in excess of this limit. Sums received in this connection will be allocated to the territorial continuity heading of the budget of Sicily.
The carrier must guarantee that flights are operated to within 30 minutes of the established timetable (punctuality index). For any delay in excess of 30 minutes, the carrier will give each passenger a credit of EUR 15 to be used in the purchase of a subsequent ticket.
The abovementioned rules will not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.
If the service is interrupted in any way, the amount of financial compensation will be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.
Failure by the carrier to observe the period of notice referred to in Section 10 will be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case will the penalty be greater than the amount of financial compensation referred to in Section 7.
The penalties under this section may be combined with those under Legislative Decree No 69 of 27.1.2006 laying down provisions governing penalties for contravention of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
To ensure the continuity and regularity of flights, the carrier which accepts this public service obligation will provide a performance security of EUR 800 000 to ensure the correct provision and continuation of the service. This must take the form of an insurance bond to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure continuation of the public service obligation arrangements.
The security will be released on successful completion of the check referred to in the last paragraph of Section 9 carried out after the agreement has expired in the normal way.
12. Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand delivery against receipt:
ENAC, Direzione Generale, Viale del Castro Pretorio 118, I-00185 Rome.
13. Expiry of tenders: 180 days after the closing date for submission of tenders.
14. Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligation published in Official Journal of the European Union C 305 of 14.12.2006 within 30 days of its publication and without compensation.
15. Contract award: The contract will be awarded by ENAC, the Italian National Civil Aviation Authority, which will appoint a committee for this purpose comprising an ENAC official appointed by the Director-General, an expert appointed by the Region of Sicily and a Chair appointed by agreement between ENAC and the Region of Sicily. Secretariat services will be provided by ENAC.
16. Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.
Corrigenda
15.12.2006 |
EN |
Official Journal of the European Union |
C 306/27 |
Corrigendum to State aid N. 54/2001 — Italy
( Official Journal of the European Union C 297 of 7 December 2006 )
(2006/C 306/09)
On page 18, in the second line, ‘Reference number of the aid’:
for:
‘N. 54/2001’,
read:
‘NN 54/01’.