Non-opposition to a notified concentration

(Case COMP/M.4666 — KKR/First Data)

(Text with EEA relevance)

(2007/C 131/01)

On 1 June 2007, 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:

Euro exchange rates (1)

12 June 2007

(2007/C 131/02)

1 euro=

(1)  

Source: reference exchange rate published by the ECB.

Opinion of the Advisory Committee on concentrations given at its 146th meeting on 6 December 2006 concerning a draft decision relating to Case COMP/M.4215 — Glatfelter/Crompton Assets

(2007/C 131/03)

Final report of the Hearing Officer in case COMP/M.4215 — Glatfelter/Crompton Assets

(pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2007/C 131/04)

On 4 April 2006 Germany requested a referral of the case to the Commission pursuant to Article 22(1) of Council Regulation (EC) No 139/2004 (Merger Regulation). In accordance with Article 22(2) of the Merger Regulation the Commission informed the competent authorities of the other Member States and the undertakings concerned of the request. The referral request was joined by the United Kingdom. On 15 May 2006 the Commission decided to accept the request to examine the concentration and informed the Member States and the undertakings of its decision.

Subsequently, on 16 August 2006, the Commission received a notification of the proposed concentration by which P.H. Glatfelter Company acquires sole control of the Lydney Business of J.R. Crompton Ltd in administration, by way of purchase of assets.

After examining the notification the Commission concluded that the notified transaction fell within the scope of the Merger Regulation and that it raised serious doubts as to its compatibility with the common market and the functioning with the EEA Agreement. Accordingly, on 20 September 2006, the Commission decided to initiate proceedings in accordance with Article 6.1(c) of the Merger Regulation.

Following an in-depth market investigation carried out by the Commission services it was concluded that the proposed transaction would not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, and is therefore compatible with the common market and the EEA Agreement. Accordingly, no Statement of Objections was sent to the parties.

No queries or submission have been made to the Hearing Officer by the parties or any other third party. The case does not call for any particular comments as regards the right to be heard.

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

(Text with EEA relevance)

(2007/C 131/05)

(1)  As an alternative to the scheme provided for in Regulation (EC) No 68/01, beneficiaries may opt for the ‘de minimis ’rule provided for in Regulation (EC) No 1998/2006.

(2)  By D.G.R No 104/2006 the resources specified in Ministerial Decree No 107/2006 were assigned to the provincial administrations to carry out the administrative/managerial tasks arising from the continuing training measures provided for in this decree, including the award of financing.

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

(Text with EEA relevance)

(2007/C 131/06)

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

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid

(Text with EEA relevance)

(2007/C 131/07)

CALL FOR PROPOSALS — eParticipation 2007/1

(2007/C 131/08)

1.   Objectives and description

eParticipation is a preparatory action that aims to harness the benefits of Information and Communications Technologies to improve legislative and decision-making processes and to enhance public participation in such processes at all levels of government decision-making.

Under the eParticipation Work Programme 2007, the Commission hereby invites consortia to submit proposals.

2.   Eligibility of consortia

The call is open to proposals from legal entities in the 27 EU Member States.

The minimum number of participants in a proposal is three independent legal entities, from at least two different Member States.

3.   Evaluation and selection

Proposals received will be evaluated by the Commission with the assistance of independent experts. The criteria used for the evaluation are defined in the eParticipation Work Programme. Proposals that pass the evaluation will be ranked in terms of quality.

The process for the evaluation of grant applications by the Commission is set out in the Financial Regulation applicable to the General Budget of the European Communities (1).

4.   Community support

Community funding will not exceed 75 % of eligible costs incurred by each partner.

In all cases, Community funding must not have the effect of creating a profit for a recipient.

5.   Call budget

The total budget for this call for proposals is EUR 4,7 million.

6.   Deadline and address for submission

The deadline for receipt of proposals by the Commission is 13 September, 17.00 hours (Brussels local time).

Proposals submitted after this deadline will not be accepted for evaluation.

Where the same proposal is submitted successively, the Commission will examine the last version received before the deadline.

Proposals are to be sent to the following address:

7.   Timetable

The Commission aims to inform proposers of the outcome of the evaluation and selection process within three months after the deadline for submission and to finalise negotiations with the selected proposers within four months after the deadline for submission. The execution of projects will start after the finalisation of negotiations.

8.   Additional information

Detailed information on how to prepare and submit proposals is given in the eParticipation Guide for proposers 2007. This document, along with the eParticipation Work Programme 2007 and other information relating to this call and the evaluation process, can be downloaded from the following website:

http://europa.eu.int/information_society/activities/egovernment_research/eparticipation/index_en.htm

All correspondence relating to this call must cite the call identifier eParticipation 2007/1.

All proposals received will be treated in strict confidence.

(1)  Council Regulation (EC, Euratom) No 1605/2002 (OJ L 248, 16.9.2002, p. 1). Regulation as amended by Regulation No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

Notice of initiation of an expiry review of the antidumping measures applicable to imports of powdered activated carbon (PAC) originating in the People's Republic of China

(2007/C 131/09)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of powdered activated carbon (PAC) originating in the People's Republic of China, (‘country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (2).

1.   Request for review

The request was lodged on 12 March 2007 by the European Chemical Industry Council (CEFIC) ('the applicant') on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of powdered activated carbon.

2.   Product

The product under review is powdered activated carbon originating in the People's Republic of China (‘the product concerned’), currently classifiable within CN code ex 3802 10 00. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1011/2002 (3).

4.   Grounds for the review

The request is based on the grounds that the expiry of measures would be likely to result in continuation or recurrence of dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the People's Republic of China on the basis of the price in an appropriate market economy country, which is mentioned in point 5.1(d). The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentence, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

With regard to the recurrence of dumping it is also alleged that the exports to other third countries, i.e., the USA and Japan, are made at dumped prices.

The applicant further alleges the likelihood of further injurious dumping. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity in the country concerned.

It is also alleged that the flow of imports of the product concerned is likely to rise due to the recent anti-dumping measures in force on imports of similar products in traditional market other than the EU, i.e. in the United States of America. This can lead to a redirection of exports from the United States of America to the Community.

In addition, the applicant alleges that the situation of the Community industry is fragile and that any further substantial increase of imports at dumped prices from the country concerned would likely lead to a recurrence of further injury of the Community industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

5.1.   Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.

(a)   Sampling

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

(i)   Sampling for exporters/producers in the People's Republic of China

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Final selection of the samples

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 6(b)(ii).

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

Companies included in the samples must reply to a questionnaire within the time limit set in point 6 (b)(iii) and must co-operate 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 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which co-operated in the investigation leading to the measures subject to the present review, to any known users, to any known suppliers of raw materials to the Community industry and to the authorities of the exporting country concerned.

(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 6(a)(ii).

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 6(a)(iii)

(d)   Selection of the market economy country

In the previous investigation the United States of America was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Repiblic of China. The Commission envisages to use the United States of America again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the likelihood of a continuation or recurrence of dumping and injury is confirmed, a determination will be made as to whether to maintain, or repeal the anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the previous sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire or other claim forms

All interested parties who did not co-operate in the investigation leading to the measures subject to the present review should request a questionnaire or other claim forms as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

(ii)   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 limit specified in point 6(b)(iii).

(iii)   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

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of the United States of America which, as mentioned in point 5.1(d), is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

7.   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’ (6) 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:

8.   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.

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 favourable to that party than if it had cooperated.

9.   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.

10.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

11.   Processing of personal data

Please note that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.

(1)  OJ C 228, 22.9.2006, p. 3.

(2)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(3)  OJ L 155, 14.6.2002, p. 1. Regulation as last amended by Regulation (EC) No 931/2003 (OJ L 133, 29.5.2003, p. 36).

(4)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 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).

(5)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93.

(6)  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 of 30 May 2001 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).

Prior notification of a concentration

(Case COMP/M.4662 — Syniverse/BSG (wireless business))

(Text with EEA relevance)

(2007/C 131/10)

(1)  OJ L 24, 29.1.2004, p. 1.

Prior notification of a concentration

(Case COMP/M.4722 — PAI/Kaufman & Broad)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 131/11)

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

Prior notification of a concentration

(Case COMP/M.4612 — Accor/Pierre et Vacances/NewCity JV)

(Text with EEA relevance)

(2007/C 131/12)

(1)  OJ L 24, 29.1.2004, p. 1.

STATE AID — ITALY

State aid No C 14/07 (ex NN 15/07) — NGP/Simpe

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

(Text with EEA relevance)

(2007/C 131/13)

By means of the letter dated 10 May 2007 reproduced in the authentic language on the pages following this summary, the Commission notified Italy of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the above-mentioned aid measures.

Interested parties may submit their comments on the aid measure in respect of which the Commission is initiating the procedure within one month of the date of publication of this summary and the following letter, to:

These comments will be communicated to Italy. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

TEXT OF SUMMARY

PROCEDURE

In May 2006 Italy granted restructuring aid to NGP without prior notification to the Commission.

DESCRIPTION

NGP is located in Acerra, Campania (Italy), an assisted area pursuant to Article 87(3)(a) of the EC Treaty. NGP was created in February 2003 through the separation of the activity for the production of polyester polymer (polymerisation) from Montefibre, a producer of polyester fibre located as well in Acerra. NGP ran into difficulties in 2004. In July 2005 an agreement (accordo di programma) was signed by national and regional authorities, NGP, Montefibre and Edison (another company located in Acerra) concerning the NGP site as well as other activities at the Acerra site.

As regards the activities of NGP, the objective was to change the raw material basis for the new polymerisation unit CP3 to use the raw material PTA instead of DMT from own production. NGP estimated that for the completion of the investment project and a change of the raw material basis a further EUR 22 million were still needed. Because of insufficient financial means, NGP would not be able to complete these investments.

The agreement foresaw, among other measures, the suspension of the activity of NGP as a necessary precondition for the completion of the investment, the setting-up of a new company, to which the polymerisation facilities would be transferred, and the completion of the investments of EUR 22 million by the new company.

Following the agreement, NGP founded a new company, Simpe, which took over the polymerisation assets in September 2005. Simpe started the investments into the modernisation of the polymerisation plant in May 2006 and will finalize them by September 2007. In February 2007, the Spanish multinational chemical company La Seda de Barcelona became the majority owner of Simpe.

The restructuring aid amounts to a total amount of EUR 20,87 million for the support of the above project consisting of a grant of EUR 10,75 million, a soft loan at a reduced interest rate of EUR 6,523 million and a contribution to the capital of Simpe of 3,6 million by the public development agency Sviluppo Italia. The measures were not provided to NGP but to Simpe.

ASSESSMENT

The Commission considers at this stage that all three measures constitute aid and assessed the compatibility of the aid in the light of Community Guidelines on State aid for rescuing and restructuring firms in difficulty (‘Community Guidelines’). The Commission has doubts that the conditions of the Community Guidelines are fulfilled.

The Commission has doubts that the beneficiary of the aid is NGP. Instead its subsidiary Simpe, which took over the core assets of NGP in 2005, might be the beneficiary. Simpe does not seem to be eligible for restructuring aid as it is newly created and was not in difficulty.

Even in the event that NGP and Simpe could be considered together as a group to be the beneficiary and would be eligible, the Commission still has doubts that the conditions of the Community Guidelines are fulfilled. No restructuring plan was submitted either for NGP or for Simpe. Italy did not indicate that any compensatory measures would have been taken to avoid undue distortions of competition. Italy did not provide any information on the total restructuring costs or quantified the contribution by the beneficiary.

The Commission also assessed whether the aid could be compatible in the light of the Guidelines on national regional aid. However, at this stage the Commission does not have any information on the eligible costs and can therefore not conclude that the applicable regional aid ceiling of 35 % NGE would have been respected.

TEXT OF LETTER

(1)  N 715/99, SG(2000) D/105754 del 2.8.2000 (GU C 278 del 30.9.2000, pag. 26).

(2)  GU C 244 dell'1.10.2004, pag. 2.

(3)  GU C 74 del 10.3.1998, pag. 9.