ISSN 1725-2423
Official Journal
of the European Union
C 176
English edition
Information and Notices
Volume 50
28 July 2007
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ISSN 1725-2423 |
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Official Journal of the European Union |
C 176 |
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English edition |
Information and Notices |
Volume 50 |
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Notice No |
Contents |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
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Commission |
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2007/C 176/01 |
Uniform application of the Combined Nomenclature (CN) (Classification of goods) |
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2007/C 176/02 |
Non-opposition to a notified concentration (Case COMP/M.4367 — APW/APSA/Nordic Capital/Capio) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
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Council |
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2007/C 176/03 |
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Commission |
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2007/C 176/04 |
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2007/C 176/05 |
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2007/C 176/06 |
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2007/C 176/07 |
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2007/C 176/08 |
Guidelines on National Regional aid for 2007-2013 — National regional State aid map: The Netherlands ( 1 ) |
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2007/C 176/09 |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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Commission |
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2007/C 176/10 |
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2007/C 176/11 |
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2007/C 176/12 |
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European Personnel Selection Office (EPSO) |
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2007/C 176/13 |
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2007/C 176/14 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
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Commission |
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2007/C 176/15 |
Prior notification of a concentration (Case COMP/M.4667 — Syral/Tate&Lyle assets) ( 1 ) |
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2007/C 176/16 |
Prior notification of a concentration (Case COMP/M.4695 — Alstom/SBB Cargo/JV) — Candidate case for simplified procedure ( 1 ) |
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(1) Text with EEA relevance |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
Commission
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/1 |
UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)
(Classification of goods)
(2007/C 176/01)
Explanatory Notes adopted in accordance with the procedure defined in Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1).
The ‘Explanatory Notes to the Combined Nomenclature of the European Communities’ (2) are amended as follows:
Page 57
Under ‘General’ the second paragraph is replaced by the following new text:
‘Cereals remain classified in this chapter although they have undergone heat treatment for preservation purposes which may cause the grains to partially gelatinise and sometimes burst. The partial gelatinisation (pregelatinisation) occurs in the drying process and concerns only a small quantity of the grains. This transformation of the starch is not the aim of the heat treatment, but only a side effect. That treatment is not to be considered as “otherwise worked” within the meaning of Note 1(B) to Chapter 10 of the Combined Nomenclature.’
(1) OJ L 256, 7.9.1987, p. 1, Regulation as last amended by Regulation (EC) No 733/2007 (OJ L 169, 29.6.2007, p. 1).
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/2 |
Non-opposition to a notified concentration
(Case COMP/M.4367 — APW/APSA/Nordic Capital/Capio)
(Text with EEA relevance)
(2007/C 176/02)
On 16 March 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(2) 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:
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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, |
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in electronic form on the EUR-Lex website under document number 32007M4367. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
Council
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/3 |
COUNCIL DECISION
of 23 July 2007
appointing Maltese members and alternate members of the Advisory Committee on Social Security for Migrant Workers
(2007/C 176/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 82 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:
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(1) |
in its Decision of 22 March 2007 (2) the Council appointed the members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 22 March 2007 to 21 March 2009, except for the Maltese members and alternate members. |
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(2) |
the Maltese members and alternate members should be appointed to fill the vacant seats, |
HAS DECIDED AS FOLLOWS:
Sole Article
The following are hereby appointed members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period up to 21 March 2009:
I. GOVERNMENT REPRESENTATIVES
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Members |
Alternates |
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Mr Frank MICALLEF |
Mr Mark MUSU' |
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Ms Shirley SULTANA |
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II. TRADE UNION REPRESENTATIVES
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Members |
Alternates |
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Ms Margaret MAGRIN |
Mr Kevin BONELLO |
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Mr John BENCINI |
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III. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS
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Members |
Alternates |
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Mr Tonio FARRUGIA |
Mr Emanuel SAID |
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Mr Lawrence MIZZI |
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Done at Brussels, 23 July 2007.
For the Council
The President
L. AMADO
(1) OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council (OJ L 392, 30.12.2006, p. 1).
Commission
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/5 |
Euro exchange rates (1)
27 July 2007
(2007/C 176/04)
1 euro=
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Currency |
Exchange rate |
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USD |
US dollar |
1,3651 |
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JPY |
Japanese yen |
162,12 |
|
DKK |
Danish krone |
7,4408 |
|
GBP |
Pound sterling |
0,67200 |
|
SEK |
Swedish krona |
9,2272 |
|
CHF |
Swiss franc |
1,6525 |
|
ISK |
Iceland króna |
84,36 |
|
NOK |
Norwegian krone |
8,0400 |
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BGN |
Bulgarian lev |
1,9558 |
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CYP |
Cyprus pound |
0,5842 |
|
CZK |
Czech koruna |
28,027 |
|
EEK |
Estonian kroon |
15,6466 |
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HUF |
Hungarian forint |
251,91 |
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LTL |
Lithuanian litas |
3,4528 |
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LVL |
Latvian lats |
0,6968 |
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MTL |
Maltese lira |
0,4293 |
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PLN |
Polish zloty |
3,8039 |
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RON |
Romanian leu |
3,1699 |
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SKK |
Slovak koruna |
33,503 |
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TRY |
Turkish lira |
1,7916 |
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AUD |
Australian dollar |
1,5839 |
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CAD |
Canadian dollar |
1,4456 |
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HKD |
Hong Kong dollar |
10,6792 |
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NZD |
New Zealand dollar |
1,7568 |
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SGD |
Singapore dollar |
2,0658 |
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KRW |
South Korean won |
1 258,28 |
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ZAR |
South African rand |
9,6864 |
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CNY |
Chinese yuan renminbi |
10,3233 |
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HRK |
Croatian kuna |
7,2898 |
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IDR |
Indonesian rupiah |
12 552,09 |
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MYR |
Malaysian ringgit |
4,7219 |
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PHP |
Philippine peso |
62,249 |
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RUB |
Russian rouble |
34,9160 |
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THB |
Thai baht |
40,650 |
Source: reference exchange rate published by the ECB.
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/6 |
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 414th meeting on 4 September 2006 concerning a draft decision relating to Case COMP/F/38.456 — Bitumen (The Netherlands)
(2007/C 176/05)
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1. |
The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty. |
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2. |
The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel in the draft decision. |
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3. |
The Advisory Committee agrees in particular with the assessment that the entire system of preparatory and joint meetings, with the ensuing agreements between the group of bitumen suppliers and the group of road builders on gross prices and rebates for road pavement bitumen in the Netherlands forms part of a single overall scheme and therefore constitutes a single infringement of Article 81 of the Treaty of both bitumen suppliers and road builders. |
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4. |
The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned and the proposal to close the proceeding against Volker Wesssels Stevin Infra BV and Wegenbouwmaatschappij J. Heijmans BV. |
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5. |
The Advisory Committee agrees that Shell, within the group of bitumen suppliers, and KWS, within the group of the bitumen purchasers, bear a special responsibility for their role in instigating and leading the cartel. |
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6. |
The Advisory Committee agrees with the European Commission as regards the assessment of the applications made under the 2002 Leniency Notice, including that Wintershall AG should not be covered by the immunity application of BP. |
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7. |
The Advisory Committee agrees to close the proceedings against ExxonMobil. |
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8. |
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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9. |
The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/7 |
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 415th meeting on 11 September 2006 concerning a draft decision relating to Case COMP/F/38.456 — Bitumen (The Netherlands)
(2007/C 176/06)
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1. |
The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
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2. |
The Advisory Committee agrees with the Commission on the increase of the basic amount to ensure sufficient deterrent effect. |
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3. |
The Advisory Committee agrees with the Commission on the increase of the basic amount due to aggravating circumstances. |
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4. |
The Advisory Committee agrees with the Commission on the amounts of reduction of the fine based on the 2002 Commission Notice on the non-imposition or reduction of fines in cartel cases. |
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5. |
The Advisory Committee agrees with the Commission on the final amounts of the fines. |
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6. |
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/8 |
Final Report of the Hearing Officer in Case COMP/F/38.456 — Bitumen (The Netherlands)
(pursuant to Article 15 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 176/07)
The draft decision calls for the following observations.
The Statement of Objections identified an infringement of Article 81(1) of the EC Treaty on both the sales and purchase side. For a number of years sales and purchases of bitumen used for road pavement in the Netherlands were the subject of a cartel that operated between bitumen suppliers, between the largest purchasers (large road building companies in the Netherlands) and between these two groups of companies. According to the Statement of Objections, the object of the cartel was to fix price components (gross price and rebates) of bitumen and allocate supplies. In order to facilitate and monitor the above agreements information was exchanged on prices, supply volumes and market shares.
On 19 October 2004 a Statement of Objections was sent to bitumen suppliers (AB Nynäs Petroleum, Nynäs Belgium AB, BP p.l.c., BP Nederland B.V, BP Refining & Petrochemicals GmbH, Esha Holding B.V., Smid & Hollander B.V., Esha Port Services Amsterdam B.V. Exxon Mobil Corporation, ExxonMobil Petroleum, Chemicals B.V.B.A., Esso Nederland B.V., Koninklijke Nederlandsche Petroleum Maatschappij N.V., the ‘Shell’ Transport and Trading Company p.l.c., Shell Petroleum N.V., Shell Nederland Verkoopmaatschappij B.V., Kuwait Petroleum Corporation, Kuwait Petroleum International, Kuwait Petroleum (Nederland) B.V., Sideron Industrial Development B.V., Klöckner Bitumen B.V., Total S.A, Total Nederland) and bitumen purchasers (Ballast Nedam N.V., Ballast Nedam Infra B.V., Dura Vermeer Groep N.V., Dura Vermeer Infra B.V., Vermeer Infrastructuur B.V., Heijmans N.V. Heijmans Infrastructuur B.V., Wegenbouwmaatschappij J. Heijmans B.V., Koninklijke BAM Groep N.V., BAM NBM Wegenbouw B.V., HBG Civiel B.V., Koninklijke Volker Wessels Stevin N.V., Volker Wessels Stevin Infra B.V. and Koninklijke Wegenbouw Stevin B.V. N.V., Wintershall AG).
The undertakings had access to the Commission's investigation file in the form of a copy on CD-ROM, which was sent to them on 19 October 2004 and a second CD-ROM that was sent on 21 April 2005.
The Statement of Objections set a time-limit of two months for replies. The Commission received several extension requests based on access to the file. A number of different issues of access to file were raised, in particular as far as the confidentiality of certain information was concerned. As a result I had to suspend the deadlines in this case for nearly four months in order to make sure that due process was fully respected.
The addressees of the Statement of Objections all replied within the time allowed except certain undertakings which had declared bankruptcy and neither replied to the Statement of Objections nor asked for an oral hearing.
In accordance with Article 12 of Commission Regulation (EC) No 773/2004 (1), most of the other parties asked for a formal hearing, which was held on 15 and 16 June 2005.
During the hearing, it appeared that there was a necessity to clarify an interpretation in the Statement of Objections that related to price fixing (notion of gross price). To this effect a letter was sent out on 25 January 2006 to all parties. The parties were given the opportunity to comment upon this clarification to the extent they had not yet done so. Most undertakings that commented upon this clarification answered that it did not alter their previous response to the Statement of Objections.
Further access was given to all parties on 14 July 2005 and 25 May 2006 to new documents in the Commission file that were received in follow-up of the hearing.
This letter of 24 May 2006 also served to give the parties further access to information in the file that the Commission intended to use in the final decision. Some of the parties complained that it was not sufficiently clear in support of which conclusions of the Statement of Objections the additional material might be used. Having looked through the documents I take the view that the parties could reasonably infer the conclusions the Commission might draw of the documents in question, the more so as the Commission's letter of 24 May 2006 had pointed out that the documents would be used to support the description of events in the final Decision. This was done in accordance with TACA case law (T-191/98).
In light of the parties' replies to the Statement of Objections and the statements made at the oral hearing, the infringement as described in the draft final decision has been scaled down in comparison to what was described in the Statement of Objections.
First of all, the allegations concerning ExxonMobil have been dropped on the basis of insufficient evidence. At the hearing it appeared that some of the statements made by Kuwait Petroleum and Nynäs, incriminating ExxonMobil, had to be re-formulated. In their written replies to the Commission's follow-up requests for information on the very question of ExxonMobil's knowledge of and involvement in the cartel, these companies were not in a position to maintain their allegations. Therefore, the draft Decision is not addressed to ExxonMobil.
The objection according to which there had been unlawful discussions on issues such as supply allocation and how to take care of potential new competition has been dropped.
Finally, the Commission also clarified the thrust of the draft Decision on two other points originally mentioned in the Statement of Objections:
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— |
The price and rebate analysis in the Statement of Objections that served as additional evidence to illustrate the existence of the agreements has been dropped. The agreements as to prices and rebates are established nevertheless by the cartel meetings. |
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The duration of the infringement has been shortened and is now from 1 April 1994 until 15 April 2002 (instead of 18 April 1992 until 31 December 2002). |
In my opinion the draft decision relates only to objections in respect of which the parties have been afforded the opportunity of making known their views. I consider that the right to be heard has been respected in this case.
Brussels, 4 September 2006.
Serge DURANDE
(1) OJ L 123, 27.4.2004, p. 18.
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/10 |
Guidelines on National Regional aid for 2007-2013 — National regional State aid map: The Netherlands
(Text with EEA relevance)
(2007/C 176/08)
State aid N 249/07 — THE NETHERLANDS
National regional State aid map 1.1.2007-31.12.2013 (1)
(Approved by the Commission on 27.6.2007)
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NUTS II-III |
Name Region/ Commune (eligible districts) |
Ceiling for regional investment aid (2) (applicable to large enterprises) |
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1.1.2007-31.12.2013 |
| 1. Regions eligible for aid under Article 87(3)(c) of the EC Treaty for the whole period 2007-2013 |
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NL11 |
Groningen |
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NL111 |
Oost-Groningen |
15 % |
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Menterwolde (Zuidbroek; Uiterburen; Heiligelaan; Westeind; W A Schottenweg; Verspreide huizen Zuidbroek; Muntendam met Oude Verlaat; Tussenklappen; Tripscompagnie; Borgercompagnie (gedeeltelijk); Verspreide huizen Muntendam), Pekela (Boven-Pekela; Verspreide huizen Nieuwe Pekela), Scheemda (Scheemda; Eexta; Eexta-Zuid; Heiligerlee; Scheemdermeer; Napels; Nieuw-Scheemda; 't Waar; Hamrikkerweg; Scheemderzwaag), Stadskanaal (Mussel; Verspreide huizen Mussel; Kopstukken; Vledderveen; Alteveer; Verspreide huizen Alteveer; Ceresdorp; Industriegebied; Dideldom; Buitengebied-Zuid), Veendam, Vlagtwedde (Ter Apel; Ter Apelkanaal; Ter Apel 't Heem; Verspreide huizen Ter Apel en Ter Apelkanaal; Agobuurt; Jipsingboermussel en Zandberg), Winschoten. |
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NL112 |
Delfzijl en omgeving |
10 % |
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Appingedam, Delfzijl (Delfzijl-Centrum; Delfzijl-Noord; Delfzijl-West; Fivelzigt; Tuikwerd; Meedhuizen; Uitwierde; Verspreide huizen Eemskanaal (ten Zuiden); Industrieterrein; Verspreide huizen in het Noorden; Farsum; Bierum; Verspreide huizen Bierum; Spijk; Holwierde; Godlinze; Losdorp; Krewerd). |
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NL113 |
Overig Groningen |
10 % |
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Eemsmond (Uithuizermeeden; Verspreide huizen Uithuizermeeden; Oosternieland; Roodeschool; Oosteinde; Hooilandseweg; Hefwal; Oudeschip; Oldenzijl; Eemshavengebied), Groningen, Haren (Paterswolde (gedeeltelijk); Verspreide huizen ten Westen, Noord-Willemskanaal); Hoogezand-Sappemeer, Leek (Diepswal; Centrum Leek en omgeving; Rodenburg en omgeving; Nienoordsrand; Buitengebied ten oosten van Leek; Buitengebied ten zuiden van Leek; Drostinnewijk; Buitengebied ten noorden van Zevenhuizen; Bebouwde kom Tolbert; Sint Maheerdt; Buitengebied Tolbert; Bebouwde kom Midwolde; Pasop; Buitengebied Midwolde; Bebouwde kom Lettelbert; Bebouwde kom Oostwold; Buitengebied-Oostwold; Bebouwde kom Enumatil; Buitengebied Enumatil; Overschild; Verspreide huizen Overschild; Rengerslaan; Knijpslaan; Verspreide huizen ten zuiden van Kolham; Harkstede; Borgweg (gedeeltelijk); Verspreide huizen in het Westen). |
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NL12 |
Friesland |
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NL121 |
Noord-Friesland |
10 % |
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Franekeradeel (Franeker Binnenstad; Professorenbuurt; Oostelijk en zuidelijk industrieterrein; Vliet, Tuinen westelijke industrieweg; Kaatsersbuurt en Sexbierumerplan; C. van Saarloosstraat e.Ooster; Noordelijk Burg. J. Dijkstraweg; Plan Arkens; Watertoren, Bloementerp en Zevenhuize; Verspreide huizen Franeker; Zweins; Herbaijum; Verspreide huizen Herbaijum), Harlingen, Leeuwarden, Menaldumadeel (Dronrijp; Verspreide huizen Dronrijp; Deinum; Verspreide huizen Deinum; Blessum; Boksum; Verspreide huizen Boksum). |
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NL122 |
Zuidwest-Friesland |
15 % |
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Sneek. |
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NL123 |
Zuidoost-Friesland |
15 % |
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Heerenveen (Kanaal; Leeuwarderstraatweg; Businesspark Friesland; Nijehaske; Noord; Mobilisatieweg; Centrum; Het Meer; de Greiden; Midden; de Heide; de Akkers; ten Woude; Nieuweschoot; Zuid), Opsterland (Gorredijk; Verspreide huizen Gorredijk; Langezwaaag; Luxwoude; Verspreide huizen Luxwoude; Terwispel; Verspreide huizen Terwispel; Beetsterzwaag; Olterterp; Ureterp; Verpsr. huizen Ureterp), Skarsterlân (Jonkersland; Blaauwhof, Centrum; Westermeer; Zuiderveld; Skipsleat; Wylderhoarne; Sewei/De Ekers; Woudfennen; Haskerhorne, Verspreide huizen Haskerhorne; Oudehaske; Verspreide huizen Haskerhorne; Oudehaske; Verspreide huizen Oudehaske; Nijehaske; Broek; Verspreide huizen Broek; Goingagrijp), Smallingerland (Centrum; De Wiken; De Singels; De Drait; De Wiken-Oost; De Venen; De Folgeren; De Swetten; De Bouwen; Noordoost; De Haven; Buitengebied Drachten; Fennepark; Bedrijvenpark; Vrijburg; Burmaniapark; Opeinde; Drachtstercompagnie). |
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NL13 |
Drenthe |
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NL131 |
Noord-Drenthe |
15 % |
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Assen, Noordenveld (Roden; Roden West; Industrieterrein Roden; Nieuw-Roden; Buitengebied Roden zuid; Buitengebied Roden-West; Lieveren; Roderesch; Steenbergen; Norg; Verspreide huizen Norg; Langelo; Verspreide huizen Langelo; Peest; Verspreide huizen Peest; Eelde; Oosterbroek en vliegveld; Verspreide huizen Eelde; Eelderwolde; Verspreide huizen Eelderwolde), Midden-Drenthe (Wijster; Verspreide huizen Wijster). |
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NL132 |
Zuidoost-Drenthe |
15 % |
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Coevorden (Coevorden-Centrum; Lootuinen; Poppenhare; Binnenvree Buitenvree Pikveld; De Heege; Klooster; Ballast; De Loo; Verspreide huizen Coevorden; Holwert; Hare; Leeuwerikenveld; De Heegte en De Mars; Klinkenvlier; Ossehaar; Steenwijksmoer; Verspreide huizen Steenwijksmoer; Nieuwe Krim; Verspreide huizen Nieuwe Krim; Verspreide huizen Wijerswold; Verspreide huizen Vlieghuis en Padhuis; Stieltjeskanaal; Verspreide huizen Stieltjeskanaal), Emmen (Noordbarge; Zuidbarge; Weerdinge; Westenesch; Emmerschans; Barger-Oosterveld; Verspreide huizen overig dorpsgebied Emmen; Emmen Centrum; Emmermeer; Emmen-Oude Roswinkelerstraat; Emmen over het spoor; Angelslo; Emmenhout; Bargeres; Bargermeer industrieterrein; Rietlanden; Delftlanden; Nieuw-Dordrecht; Verspreide huizen Nieuw-Dordrecht; Oranjedorp; Vastenow; Nieuw-Amsterdam-Centrum; Verspreide huizen Nieuw-Amsterdam; Barger-Erfscheidenveen; Langs de Vaart; Klazienaveen-Noord; Klazienaveen-Zuid; Schoonebeek; Verspreide huizen Schoonebeek; Oosterse Bos en Middendorp; Westerse Bos; Zandpol; Industrieterrein De Vierslagen; Ermerveen; Veenoord; Verspreide huizen Veenoord). |
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NL133 |
Zuidwest-Drenthe |
15 % |
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De Wolden (Echten; Verspreide huizen Echten; Koekange; Koekange Noord; Koekange Zuid; Koekangerveld; Verspreide huizen Koekange), Hoogeveen (Centrum; Noord; Bentinckspark; Krakeel; Wolfsbos; Zuid; Venesluis; West; Oost; Steenbergerweiden; Kinholt; Grittenhof; Schoonvelde-West; Schoonvelde-Oost; Schutlanden-Oost; Schutlanden-West; Kattouw; Trasselt; Erflanden; Industriegebied Toldijk; Industriegebied Noord A; Industriegebied Noord B; Industriegebied Buitenvaart; Hollandscheveld kern; Verspreide huizen Hollanscheveld-West; Verspreide huizen Hollanscheveld-Oost; Noordscheschut Kern; Verspreidehuizen Noordsche Schut; Nieuwlande Kern; Verspreide huizen Nieuwlande; Stuifzand Kern; Verspreide huizen Stuifzand; Verspreide huizen Alteveer; Verspreide huizen Nijstad), Meppel (Centrum; Watertoren; Haveltermade; Koedijkslanden; Ezinge; Oosterboer; Industrieterrein Oevers en omgeving; Industrieterrein-Noord; Bedrijvenpark Blankenstein; Verspreide huizen Meppel; Berggierslanden; Kern Rogat; Verspreide huizen Rogat). |
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NL42 |
Limburg (NL) |
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NL423 |
Zuid-Limburg |
10 % |
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Maastricht (excl. Borgharen; Itteren; Meerssenhoven; Heer), Beek, Heerlen, Nuth, Sittard-Geleen. |
||
| 2. Regions eligible for aid under Article 87(3)(c) of the EC Treaty for the period 2007-2008, with an aid intensity of 10 % |
||
|
NL11 |
Groningen |
|
|
NL111 |
Oost-Groningen |
|
|
Menterwolde (Noordbroek; Stootshorn; Verspreide huizen Noordbroek; Meeden; Beneden-Veensloot en Boven-Veensloot; Verspreide huizen Meeden). |
||
|
NL113 |
Overig Groningen |
|
|
Haren (Haren; Oosterhaar; Voorveld; Harenermolen; Glimmen; Hemmen; Noordlaren; Onnen; Essen; Verspreide huizen op de hondsrug; Verspreide huizen Onnen Es; Verspreide huizen ten oosten van de Hondsrug); Slochteren (Slochteren; Kolham; 's-Gravenschans en Ruiten; Froombosch; Verspreide huizen ten oosten van Slochteren; Verspreide huizen in de Hooilandspolder; Schildwolde; Hellum; Meenteweg; Verspreide huizen ten noorden van het Siep; Verspreide huizen in De Zanden; Siddeburen; Oudeweg en Hoofdweg en Oosterwolderweg; Steendam; Tjuchem; Verspreide huizen in het Sidderbuursterveen; Verspreide huizen ten noorden van Siddeburen; Scharmer; Hamweg; Verspreide huizen ten oosten van Hamweg). |
||
|
NL12 |
Friesland |
|
|
NL122 |
Zuidwest-Friesland |
|
|
Gaasterlean Sleat, Wymbriseradiel, Bolsward. |
||
|
NL123 |
Zuidoost-Friesland |
|
|
Heerenveen (Aengwirden; Skoaterwald; De Knipe; Hoornsterwaag; Jubbega De Streek; Jubbega 3e Sluis; Nieuwehorne; Oudehorne; Katlijk; Gersloot; Luinjeberd; Terband; Tjalleberd; Oranjewoud; Bontebok; Mildam; Oudeschoot); Weststellingwerf, Skasterlan (Buitengebied Joure; Vegelinsoord; Haskerdijken; Nieuwebrug; Terkaple; Akmarijp; Snikzwaag; Verspreide huizen Vegelinsoord; Verspreide huizen Haskerdijken; Langweer; Schasterbrug; Boornzwaag; Legemeer; Verspreide huizen Schasterbrug; Sint Nicolaasga; Doniaga; Tjerkgaast; Idskenhuizen; Teroele; Dijken; Verspreide huizen Sint Nicolaasga; Verspreide huizen Tjerkgaats; Verspreide huizen Idskenhuizen; Ouwsterhaule; Ouwster-Nijega; Oldeouwer; Sint Johannesga; Rotsterhaule; Rohel; Rotsergaast; Rottum; Verspreide huizen Sint Johannesga; Verspreide huizen Rotserhaule; Verspreide huizen Rotstergaast). |
||
|
NL13 |
Drenthe |
|
|
NL131 |
Noord-Drenthe |
|
|
Noordenveld (Nietap; Leutingewolde; Foxwolde; Roderwolde; Sandebuur; Buitengebied Roden Noord; Een; Zuidvelde; Westervelde; Veenhuizen; Verspreide huizen Huis ter Heide; Verspreide huizen Een-West; Verspreide huizen Een; Verspreide huizen Zuidvelde; Verspreide huizen Westervelde; verspreide huizen Veenhuizen; Peize; Altena; Peizermade; Verspreide huizen Peizernoord); Aa en Hunze, Tynaarlo (Zuidlaren; Zuid-Es; verspreide huizen Zuidlaren; De Groeve; Verspreide huizen De Groeve; Zuidlaarderveen; Verspreide huizen Zuidlaarderveen; Midlaren; Verspreide huizen Midlaren; Westlaren; Westlaren Noord; Verspreide huizen Westlaren; Westlaren West; Schuilingsoord; verspreide huizen Schuilingsoord; Paterswolde; Verspreide huizen Paterswolde; Vries; Verspreide huizen Vries; Donderen; Verspreide huizen Donderen; Bunne; Winde; Verspreide huizen Winde; verspreide huizen Bunne; Yde; De Punt; Verspreide huizen De Punt; Verspreide huizen Yde; Tynaarlo; Verspreide huizen Tynaarlo; Zeegse; Oudemolen; Taarlo; Verspreide huizen Zeegse; Verspreide huizen Oudemolen; Verspreide huizen Taarlo; Zeijen; Verspreide huizen Zeijen). |
||
|
NL23 |
Flevoland |
|
|
NL230 |
Flevoland |
|
|
Lelystad, Urk. |
||
|
NL42 |
Limburg (NL) |
|
|
NL422 |
Midden-Limburg |
|
|
Echt-Susteren. |
||
|
NL423 |
Zuid-Limburg |
|
|
Kerkrade, Landgraaf. |
||
(2) For investment projects with eligible expenditure not exceeding EUR 50 million, this ceiling is increased by 10 percentage points for medium sized companies and 20 percentage points for small companies as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). For large investment projects with eligible expenditure exceeding EUR 50 million, this ceiling is subject to adjustment in accordance with paragraph 67 of the Guidelines on national regional aid for 2007-2013.
|
28.7.2007 |
EN |
Official Journal of the European Union |
C 176/14 |
Commission communication concerning the Agreement between the European Community and the United States of America on trade in wine
(2007/C 176/09)
By letter dated 7 February 2007, the US have notified the Community that in accordance with Article 6(3) of the Agreement between the European Community and the United States of America on trade in wine (1) the change of legal status concerning ‘semi-generics’ referred to in the said Article has come into effect. The relevant US legislation is the ‘Tax Relief and Health Care Act of 2006 — Section 422’ which was signed by the US President and enacted as law on 20 December 2006.
In accordance with Article 17(2) of the Agreement, Article 4 of the Agreement concerning wine making practises and specifications and Article 9 concerning the certification of wine and other marketing conditions are therefore applicable in the Community as of 1 April 2007.
V Announcements
ADMINISTRATIVE PROCEDURES
Commission
|
28.7.2007 |
EN |
Official Journal of the European Union |
C 176/15 |
Bureau d'intervention et de restitution belge (BIRB), Bruxelles
Държавен фонд „Земеделие“ — Разплащателна агенция, Sofia
Státní zemědělský intervenční fond, Praha
Direktoratet for FødevareErhverv, København
Bundesanstalt für Landwirtschaft und Ernährung (BLE), Bonn
Põllumajanduse Registrite ja Informatsiooni Amet (PRIA), Tartu
Οργανισμός πληρωμών και ελέγχου κοινοτικών ενισχύσεων προσανατολισμού και εγγυήσεων (OΠEKEΠE), Αθήνα
Fondo Español de Garantía Agraria (FEGA), Madrid
Office National Interprofessionnel des Grandes Cultures (ONIGC), Paris
Intervention Operations, Subsidies and Storage Division (OFI), County Wexford
Agenzia per le erogazioni in agricoltura (AGEA), Roma
Κυπριακός οργανισμός αγροτικών πληρωμών (KOAΠ), Nicosia
Lauku Atbalsta Dienests (LAD), Riga
Nacionalinė mokėjimo agentūra (NMA), Vilnius
Ministère de l'agriculture, Luxembourg
Mezőgazdasági és Vidékfejlesztési Hivatal (MVH), Budapest
Agenzija ta' Pagamenti (AP), Valletta
Hoofdproductschap Akkerbouw (HPA), Den Haag
Agrarmarkt Austria (AMA), Wien
Agencja Rynku Rolnego (ARR), Warszawa
Ministério das Finanças, Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo, Direcção de Serviços de Licenciamento, Lisboa
Agenția de Plăți și Intervenție pentru Agricultură, București
Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Ljubljana
Pôdohospodárska platobná agentúra, Bratislava
Maaseutuvirasto Mavi, Helsinki
Statens jordbruksverk (SJV), Jönköping
Rural Payments Agency (RPA), Newcastle-upon-Tyne
Notice of a standing invitation to tender in order to determine refunds on exports of white sugar
(No 1/2007)
(2007/C 176/10)
I. SUBJECT
|
1. |
A standing invitation to tender shall be opened in order to determine export refunds on white sugar covered by CN code 1701 99 10 for all destinations excluding Andorra, Gibraltar, Ceuta, Melilla, the Holy See (Vatican City State), Liechtenstein, Communes of Livigno and Campione d'Italia, Heligoland, Greenland, Faroe Islands, the areas of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control, Albania, Croatia, Bosnia and Herzegovina, Serbia (1), Montenegro and the former Yugoslav Republic of Macedonia. During the period of validity of this standing invitation, partial invitations to tender shall be issued. |
|
2. |
The standing invitation to tender shall be conducted in accordance with Article 32 of Commission Regulation (EC) No 318/2006 (2) and Commission Regulation (EC) No 900/2007 (3). |
II. TIME-LIMITS
|
1. |
The standing invitation to tender shall remain open until 25 September 2008. During the period of validity of this invitation, partial invitations will be issued. |
|
2.1. |
The period during which tenders may be submitted in response to the first partial invitation will begin on 1 August 2007 and will expire at 10.00 Brussels time on 9 August 2007. |
|
2.2. |
For each of the partial invitations to tender, the period during which tenders may be submitted will begin on the first working day following the day on which the period for the previous partial invitation to tender ends. |
|
2.3. |
The period for the submission of tenders will end at 10.00 Brussels time on:
|
|
3. |
Subject to its amendment or replacement, the terms of this notice will apply to every partial invitation to tender held during the period of validity of this standing invitation to tender. |
III. TENDERS
|
1. |
This notice invites interested parties to submit, for each partial invitation to tender, tenders for export refunds for the sugar referred to in Title I above. |
|
2.1. |
Written tenders must reach the competent agency of a Member State no later than the dates and times indicated in point 2 of Title II, and must be sent by fax or electronic-mail provided the competent agency accepts these forms of transmission to one of the following addresses:
|
|
3. |
Tenders shall be valid only if the following conditions are met:
|
|
4. |
The tender, as well as the proofs and declarations referred to in point 3 must be in the official language, or one of the official languages, of the Member State in which the tender is submitted. |
|
5. |
A tender which is not submitted in accordance with this notice, or which contains terms other than those in this notice, will not be considered. |
|
6. |
Once submitted, a tender may not be withdrawn. |
|
7. |
A tender may stipulate that it is to be regarded as having been submitted only if one or both of the following conditions is/are met:
|
IV. SECURITY
|
1.1. |
A security of EUR 11 per 100 kilograms of white sugar to be exported under this invitation to tender must be lodged by each tenderer. |
|
1.2. |
Without prejudice to VI.3, the security referred to in I.1 shall in the case of successful tenderers and at the time of the application referred to in V.6.2 become the security for the export licence. |
|
2.1. |
The security referred to in point 1.1 may be lodged at the tenderer's choice, either in cash or in the form of a guarantee given by a bank approved by the Member State concerned and expressed in the currency of that Member State. The guarantee must be made out in favour of the competent authority concerned. |
|
2.2. |
However, for a tender submitted to the competent authority in Germany, the security must be in favour of the Federal Republic of Germany. For a tender submitted to the competent authority in the other Member States, the security may also be given by a financial institution approved by the Member State concerned. The guarantee must be made out in the official language, or in one of the official languages, of the Member State in which the tender is submitted. |
|
3.1. |
The security referred to in point 1.1 shall be released:
In the case referred to in point (b) of the first subparagraph, the part of the security which may be released shall be reduced, where applicable, by the difference between the maximum amount of the export refund fixed for the partial invitation concerned and the maximum amount of the export refund fixed for the following partial invitation, when the latter amount is higher than the former. Except for cases of force majeure, the part of the security or the security which is not released shall be forfeit in respect of the quantity of sugar for which the corresponding obligations have not been fulfilled. |
|
4. |
In cases of force majeure, the competent authority of the Member State concerned shall take such action for the release of the security as it considers necessary having regard to the circumstances invoked by the party concerned. |
V. AWARD OF CONTRACTS
|
1. |
After the tenders received have been examined, a maximum quantity may be fixed for the partial invitation concerned. |
|
2. |
A decision may be taken to make no award under a specific partial invitation to tender. |
|
3.1. |
If the Commission decides to make an award under a specific partial invitation to tender, it shall determine the maximum amount of export refund, in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006 and in the light of the current state and foreseeable development of the Community and world sugar markets. |
|
3.2. |
Without prejudice to V.4, a contract shall be awarded to every tenderer whose tender quotes a rate of export refund equal to or less than the maximum amount. |
|
4. |
Where a maximum quantity has been fixed for a partial invitation to tender, contracts shall be awarded to the tenderer quoting the lowest export refund. If the maximum quantity is not fully covered by that award, awards shall be made to other tenderers until the entire quantity has been accounted for on the basis of the amount of refund, starting with the lowest. |
|
5.1. |
Where an award to a particular tenderer in accordance with point 4 would result in the maximum quantity being exceeded, that award shall be limited to such quantity as is still available. |
|
5.2. |
Where two or more tenders quote the same refund, and awards to all of them would result in the maximum quantity being exceeded, the quantity available shall be allocated to the tenderers concerned according to one of the following methods:
|
|
6.1. |
Every successful tenderer shall have the right to receive, in the circumstances referred to in point 6.2, an export licence for the quantity awarded indicating the export refund quoted in the tender. |
|
6.2. |
Every successful tenderer shall be obliged to lodge, in accordance with the relevant provisions of Regulation (EC) No 1291/2000, an application for an export licence in respect of the quantity that has been awarded to him, the application not being revocable in derogation from Article 12 of Regulation (EEC) No 120/89 (5). The application shall be lodged not later than:
Every successful tenderer shall be obliged to export the tendered quantity and, if this obligation is not fulfilled, to pay, where necessary, the amount referred to in VI.3. |
|
6.3. |
This right and these obligations are not transferable. |
|
7.1. |
The competent authority of the Member State concerned shall immediately notify applicants of the result of their participation in the invitation to tender. It shall also send statements of award to the successful tenderers. |
|
7.2. |
Statements of award shall indicate at least:
|
VI. EXPORT LICENCES
|
1. |
For the purposes of determining the period of validity of the licence, Article 23(1) of Regulation (EC) No 1291/2000 shall apply. |
|
2. |
Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued. |
|
3. |
Except in cases of force majeure, the licence holder shall pay the competent body a specified amount for the quantity for which the obligation to export resulting from the export licence referred to in V.6.1 applied for is not fulfilled and where the security referred to in IV.1.1 is less than the difference between the export refund referred to in Article 33(2)(a) of Regulation (EC) No 318/2006 in force on the last day of validity of the licence and the refund indicated in the licence. The amount to be paid referred to in the first paragraph shall be equal to the difference referred to in the first paragraph and the security referred to in IV.1.1. |
VII. DISPUTES
Any dispute between the successful tenderer and the competent authority to whom the tender was submitted will:
|
1. |
fall exclusively within the jurisdiction:
|
|
2. |
be settled:
|
(1) Including Kosovo, under the auspices of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.
(3) OJ L 196, 28.7.2007, p. 26.
(4) OJ L 152, 24.6.2000, p. 1.
(5) OJ L 16, 20.1.1989, p. 19.
|
28.7.2007 |
EN |
Official Journal of the European Union |
C 176/21 |
F-Loudes: operation of scheduled air services
Operation of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly)
Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service
(2007/C 176/11)
1. Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has imposed a public service obligation on scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly). The terms of these public service obligations were published in the Official Journal of the European Union, C 174 of 27.7.2007.
If on 14.12.2007 no air carrier has commenced or is about to commence operating these scheduled air services in accordance with the public service obligation imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to the route to only 1 carrier and to offer the right to operate such services from 14.1.2008 by invitation to tender.
2. Contracting authority: Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes, Aérodrome de Loudes, -43320 Loudes. Tél. (33) 471 08 61 87. Fax (33) 471 08 66 40. E-mail: aerodrome-departemental@wanadoo.fr.
3. Object of the consultation: To provide, from 14.1.2008, scheduled air services in accordance with the public service obligation mentioned in paragraph 1.
4. Main features of the contract: This is a public service delegation contract to be concluded between the carrier, the Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes and the State in accordance with Article 8 of Decree No 2005-473 of 16.5.2005 relating inter alia to the rules governing the allocation of financial compensation by the State.
The delegatee will receive the revenue. The Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes and the State will pay it a contribution corresponding to the difference between the actual expenditure, excluding taxes (VAT, and aviation taxes) on operating the service and the commercial revenue, excluding taxes (VAT, and aviation taxes), received by it, within the limit of the maximum compensation to which it has committed itself, following deduction, where appropriate, of the penalties specified in Section 9.4 of this notice.
5. Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years from 14.1.2008.
6. Participation in the consultation: Participation is open to all air carriers holding a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.
7. Award procedure and criteria for selecting candidates: This invitation to tender is subject to Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92, and to Articles L. 1411-1 et seq. of the General Local Authorities Code concerning public service delegations and to the texts implementing them (in particular Decree No 97-638 of 31.5.1997 implementing Law No 97-210 of 11.3.1997 on strengthening the fight against illegal employment), and Decree No 2005-473 of 16.5.2005 relating inter alia to the rules governing the allocation of financial compensation by the State and the 3 Orders of 16.5.2005 implementing it.
7-1. Application file: The application file must be drawn up in French. Where necessary, tenderers must have documents issued by public authorities in an official language of the European Union translated into French. Along with the French version, tenderers may enclose a version drafted in another official language of the European Union; this version will not be authentic.
The application file must contain the following:
an application letter, signed by the manager or his or her representative, together with documents giving the power to sign;
a memorandum presenting the undertaking and vouching for the applicant's professional capability and financial standing in the field of air transport, together with any relevant references; this memorandum must make it possible to assess the applicant's ability to ensure the continuity of the public service and guarantee equality of treatment for users; if they so wish, the applicants may base their application on the model form DC5 used in connection with the award of public contracts;
the overall turnover and the turnover relating to the supply of relevant services over the last 3 years or, if the applicant so wishes, the balance sheets and outturn accounts for the last 3 years; an applicant who cannot provide this information must explain;
a methodology note explaining how the applicant proposes to respond to the consultation file if he is allowed by the Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes to submit a bid, setting out, in particular:
|
— |
the technical and human resources that the applicant will assign to the operation of the route, |
|
— |
the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make; |
|
— |
the types of aircraft used and, where appropriate, their registration, |
|
— |
a copy of the tenderer's air carrier operating licence, |
|
— |
if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:
|
a statement issued on honour relating to the absence of conviction recorded in bulletin No 2 for offences referred to in Articles L. 324-9, L. 324-10, L. 341-6, L. 125-1 and L. 125-3 of the Labour Code;
a statement issued on honour and/or proof of compliance with the obligation to employ workers with disabilities laid down in Article L. 323-1 of the Labour Code;
extract ‘K bis’ of the entry in the Companies Register, or an equivalent document;
pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23.7.1992, an insurance certificate less than 3 months old covering civil liability in the event of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21.4.2004, and in particular Article 4 thereof;
in the event of a safeguard or collective procedure measure, a copy of any judgment to this effect (if the judgment is not drawn up in French, it must be accompanied by a certified translation).
7-2. Procedures for the examination of applications: Applications will be selected with reference to the following criteria set out in Article L. 1411-1(3) of the General Local Authorities Code:
the professional and financial guarantees offered by the applicants;
their ability to ensure the continuity of the public service and guarantee equality of treatment for users with regard to that service;
their compliance with the obligation to employ handicapped workers provided for in Article L. 323-1 of the Labour Code.
8. Criteria for the award of the contract: Subsequently, the carriers whose applications are allowed and accepted will be invited to submit their tenders in accordance with the procedure laid down in the specific rules for the invitation to tender, which will then be supplied to them.
In accordance with Article L. 1211-1 subparagraph 3 of the General Local Authorities Code, the bids thus submitted will be freely negotiated by the designated authority of the Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes.
In accordance with Article 4(1)(f) of Regulation (EEC) No 2408/92, the selection among the submissions will be made taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required.
9. Essential additional information:
9-1. Financial compensation: The tenders submitted by the carriers whose applications are accepted must specify the maximum amount required by way of compensation for operating the route for 3 years from 14.1.2008, with an annual breakdown. The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limit of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions
The annual payments will be made in the form of advance payments and an adjustment 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 Section 9.2 below.
In the event of termination of the contract before its normal expiry date, Section 9.2 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.
9-2. Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the route in question will be examined at least once a year in cooperation with the carrier.
9-3 Amendment and termination of the contract: Where the carrier believes that unforeseen changes in the operating conditions justify revision of the maximum amount of financial compensation, it must present a reasoned request to the other signatory parties, which must reach a decision within 2 months. The contract may then be amended by means of an additional agreement.
The contract may be terminated by either of the signatory parties before the normal end of the validity of the contract provided that a 6-month period of notice is observed. In the event of serious breaches of its contractual obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligation within one month of the serving of formal notice.
9-4 Penalties or other deductions provided for in the contract: Failure by the carrier to observe the period of notice referred to in Section 9.3 will be subject either to an administrative fine pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the actual operating loss of the route during the year in question, but not exceeding the maximum financial compensation provided for in Section 9.1.
In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in Section 9.1 will be reduced, without prejudice to the application of Article R.330-20 of the Civil Aviation Code.
Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, and the number of flights not complying with the public service obligation in terms of stopovers and fares charged.
10. Submission of applications: Application files must be enclosed in sealed envelopes marked ‘Délégation de service public pour l'exploitation d'une ligne aérienne - CANDIDATURE - À n'ouvrir qu'en commission’. (Public service delegation for the operation of scheduled air services - APPLICATION - not to be opened until the selection committee meeting). They must be sent by registered letter with acknowledgement of receipt (the date on the latter serving as proof of the date of receipt) or delivered by hand (in which case a receipt must be obtained) to reach the following address by no later than 12.9.2007 (14:00) local time:
Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes, Aérodrome de Loudes, F-43320 Loudes.
11. Subsequent procedure: No later than 17.9.2007, the Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes will send the applicants selected the tender rules and a draft contract.
The applicants selected must submit their bids by no later than 10.10.2007 (12:00) local time.
The bid will be binding on the tenderer for a period of 280 days from its submission.
12. Validity of the public tender: The validity of this invitation to tender is subject to the condition that no Community carrier presents by 14.12.2007 a programme for operating the route in question from 14.1.2008 in accordance with the public service obligation imposed and without receiving any financial compensation.
13. Requests for additional information: To obtain any information they may need, applicants may contact the Chairman of the Syndicat mixte de gestion aérodrome départemental Le Puy-en-Velay/Loudes at the address/fax number indicated in Section 2 above, exclusively by letter or fax.
|
28.7.2007 |
EN |
Official Journal of the European Union |
C 176/24 |
F-Périgueux: operation of scheduled air services
Operation of scheduled air services between Périgueux and Paris
Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service
(2007/C 176/12)
1. Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has imposed a public service obligation on scheduled air services between Périgueux and Paris. The standards required by these public service obligations were published in Official Journal of the European Union No C 92 of 27.4.2007.
If on 3.11.2007 no air carrier has commenced or is about to commence operating these scheduled air services in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to the route to only 1 carrier and to offer the right to operate such services from 3.12.2007 at the earliest by invitation to tender.
2. Contracting authority: Commune de Périgueux, place de l'Hôtel de Ville, BP 9063, F-24019 Périgueux Cedex. Tél. (33) 553 02 82 00. Fax (33) 553 07 09 52. E-mail: contact@ville-perigueux.fr.
3. Object of the consultation: To provide, from 3.12.2007 at the earliest, scheduled air services in accordance with the public service obligation mentioned in paragraph 1.
4. Main features of the contract: Public service delegation contract between the delegatee carrier and the delegating public entity or entities.
The delegatee will receive the revenue. The delegating public entity or entities will pay it a contribution corresponding to the difference between the actual expenditure, excluding taxes (VAT, and aviation taxes) on operating the service and the commercial revenue, excluding taxes (VAT, and aviation taxes), received by it, within the limit of the maximum compensation to which it has committed itself, following deduction, where appropriate, of the penalties specified in Section 9.4 of this notice.
5. Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years.
6. Participation in the consultation: Participation is open to all air carriers holding a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.
7. Award procedure and criteria for selecting candidates: This invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92, and Articles L. 1411-1 et seq. of the General Local Authorities Code concerning Public Service Delegations and the texts implementing them (including Decree No 97-638 of 31.5.1997 implementing Law No 97-210 of 11.3.1997 on strengthening the fight against illegal employment).
7-1. Application file: The application file must be drawn up in French. Where necessary, tenderers must have documents issued by public authorities in an official language of the European Union translated into French. Along with the French version, tenderers may enclose a version drafted in another official language of the European Union; this version will not be authentic.
The application file must contain the following:
an application letter, signed by the manager or his or her representative, together with documents giving the power to sign;
a memorandum presenting the undertaking and vouching for the applicant's professional capability and financial standing in the field of air transport, together with any relevant references; this memorandum must make it possible to assess the applicant's ability to ensure the continuity of the public service and guarantee equality of treatment for users; if they so wish, the applicants may base their application on the model form DC5 used in connection with the award of public contracts;
the overall turnover and the turnover relating to the supply of relevant services over the last 3 years or, if the applicant so wishes, the balance sheets and outturn accounts for the last 3 years; an applicant who cannot provide this information must explain;
a methodology note explaining how the applicant proposes to respond to the consultation file if he is allowed by the municipal authority of Périgueux to submit a bid, setting out, in particular:
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the technical and human resources that the applicant will assign to the operation of the route, |
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the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make, |
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the types of aircraft used and, where appropriate, their registration, |
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a copy of the tenderer's air carrier operating licence, |
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if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:
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a statement issued on honour relating to the absence of conviction recorded in bulletin No 2 for offences referred to in Articles L. 324-9, L. 324-10, L. 341-6, L. 125-1 and L. 125-3 of the Labour Code;
a statement issued on honour and/or proof of compliance with the obligation to employ workers with disabilities laid down in Article L. 323-1 of the Labour Code;
extract ‘K bis’ of the entry in the Companies Register, or an equivalent document;
pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23.7.1992, an insurance certificate less than 3 months old covering civil liability in the event of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21.4.2004, and in particular Article 4 thereof;
in the event of a safeguard or collective procedure measure, a copy of any judgment to this effect (if the judgment is not drawn up in French, it must be accompanied by a certified translation).
7-2. Procedures for the examination of applications: Applications will be selected with reference to the following criteria set out in Article L. 1411-1(3) of the General Local Authorities Code:
the professional and financial guarantees offered by the applicants;
their ability to ensure the continuity of the public service and guarantee equality of treatment for users with regard to that service;
their compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code.
8. Criteria for the award of the contract: Subsequently, the carriers whose applications are allowed and accepted will be invited to submit their tenders in accordance with the procedure laid down in the specific rules for the invitation to tender, which will then be supplied to them.
In accordance with Article L. 1411-1 subparagraph 3 of the General Local Authorities Code the bids thus submitted will be freely negotiated by the designated authority of the Mairie de Périgueux.
In accordance with Article 4(1)(f) of Regulation (EEC) No 2408/92, the selection among the submissions will be made taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required.
9. Essential additional information:
9-1. Financial compensation: The tenders submitted by the carriers whose applications are accepted must specify the maximum amount required by way of compensation for operating the route for 3 years from 3.12.2007 at the earliest, with an annual breakdown. The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limit of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions.
The annual payments will be made in the form of advance payments and an adjustment 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 Section 9.2 below.
In the event of termination of the contract before its normal expiry date, Section 9.2 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.
9-2. Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the route in question will be examined at least once a year in cooperation with the carrier.
9-3. Contract amendment and termination: Where the carrier believes that unforeseen changes in the operating conditions justify revision of the maximum amount of financial compensation, it must present a reasoned request to the other signatory parties, which must reach a decision within 2 months. The contract may then be amended by means of an additional agreement.
The contract may be terminated by either of the signatory parties before the normal end of the validity of the contract provided that a 6-month period of notice is observed. In the event of serious breaches of its contractual obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligation within 1 month of the serving of formal notice.
9-4. Penalties or other deductions provided for in the contract: Failure by the carrier to observe the period of notice referred to in Section 9.3 will be subject either to an administrative fine pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the actual operating loss of the route during the year in question, but not exceeding the maximum financial compensation provided for in Section 9.1.
In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in Section 9.1 will be reduced, without prejudice to the application of Article R.330-20 of the Civil Aviation Code.
Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, and the number of flights not complying with the public service obligation in terms of stopovers and fares charged.
10. Submission of applications: Application files must be enclosed in sealed envelopes marked ‘Délégation de service public pour l'exploitation d'une ligne aérienne - CANDIDATURE - À n'ouvrir qu'en commission’. (Public service delegation for the operation of scheduled air services - APPLICATION - not to be opened until the selection committee meeting). They must be sent by registered post with acknowledgement of receipt (the date on the latter serving as proof of the date of receipt) or delivered by hand (in which case a receipt must be obtained) to reach the following address by no later than 3.9.2007 (16:00) local time:
Mairie de Périgueux, place de l'Hôtel de Ville, BP 9063, F-24019 Périgueux Cedex.
11. Subsequent procedure: The municipal authority de Périgueux will send selected applicants a consultation file containing, inter alia, consultation rules and a draft agreement.
The bid will be binding on the tenderer for a period of 280 days from its submission.
12. Validity of the public tender: The validity of this invitation to tender is subject to the condition that no Community carrier presents by 3.11.2007 a programme for operating the route in question in accordance with the public service obligation imposed and without receiving any financial compensation.
13. Requests for additional information: To obtain any information they may need, applicants may contact: Jean-Paul Lacot, Directeur général des services, Mairie de Périgueux, place de l'Hôtel de Ville, F-24019 Périgueux Cedex, telephone: +33 (0)5 53 02 82 00.
European Personnel Selection Office (EPSO)
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/27 |
NOTICE OF OPEN COMPETITION EPSO/AD/97/07
(2007/C 176/13)
The European Personnel Selection Office (EPSO) is organising the following open competition: EPSO/AD/97/07 — Swedish-language translators (AD5).
The competition notice in published in Official Journal C 158 A of 11 July 2007 in Swedish only.
Full details can be found on the EPSO website: http://europa.eu/epso
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/27 |
NOTICE OF OPEN COMPETITION EPSO/AST/42/07
(2007/C 176/14)
The European Personnel Selection Office (EPSO) is organising the following open competition: EPSO/AST/42/07 — Assistants (AST1) having as their main language Irish in the secretarial field.
The notice of competition is published solely in the English and in the Irish edition of the Official Journal C 157 A dated 10.7.2007.
Full details can be found on the EPSO website: http://europa.eu/epso
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY
Commission
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/28 |
Prior notification of a concentration
(Case COMP/M.4667 — Syral/Tate&Lyle assets)
(Text with EEA relevance)
(2007/C 176/15)
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On 18 July 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Syral SAS (‘Syral’, France), controlled by the Tereos group (‘Tereos’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking Tate&Lyle Food and Industrial Ingredients Europe group (‘Tate&Lyle’, UK) by way of purchase of share and assets. |
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The business activities of the undertakings concerned are:
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3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4667 — Syral/Tate&Lyle assets, to the following address:
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28.7.2007 |
EN |
Official Journal of the European Union |
C 176/29 |
Prior notification of a concentration
(Case COMP/M.4695 — Alstom/SBB Cargo/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2007/C 176/16)
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On 20 July 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Alstom Schienenfahrzeuge AG (‘Alstom’, Switzerland, part of the Alstom group), and SBB Cargo AG (‘SBB’, Switzerland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Alstom Rail Service (‘ARS’, Switzerland), by way of purchase of shares. |
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The business activities of the undertakings concerned are:
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On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4695 — Alstom/SBB Cargo/JV to the following address:
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