ISSN 1725-2423

Official Journal

of the European Union

C 68

European flag  

English edition

Information and Notices

Volume 50
24 March 2007


Notice No

Contents

page

 

I   Resolutions, recommendations, guidelines and opinions

 

RESOLUTIONS

 

Council

2007/C 068/01

Council Resolution of 22 March 2007 on a Strategy for a Secure Information Society in Europe

1

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

 

Commission

2007/C 068/02

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections ( 1 )

5

2007/C 068/03

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

8

2007/C 068/04

Commission interpretative communication on procedures for the registration of motor vehicles originating in another Member State ( 1 )

15

 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

 

Commission

2007/C 068/05

Euro exchange rates

25

2007/C 068/06

Guidelines on National Regional aid for 2007-2013 — National regional State aid map: Portugal, Cyprus ( 1 )

26

 


 

(1)   Text with EEA relevance

EN

 


I Resolutions, recommendations, guidelines and opinions

RESOLUTIONS

Council

24.3.2007   

EN

Official Journal of the European Union

C 68/1


COUNCIL RESOLUTION

of 22 March 2007

on a Strategy for a Secure Information Society in Europe

(2007/C 68/01)

THE COUNCIL OF THE EUROPEAN UNION,

HEREBY ADOPTS THIS RESOLUTION AND

WELCOMES

The 31 May 2006 Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — A Strategy for a Secure Information Society — ‘Dialogue, Partnership and Empowerment’;

NOTES

The 15 November 2006 Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on Fighting spam, spyware and malicious software;

RECALLS

1.

The 28 January 2002 Council Resolution on a Common Approach and Specific Actions in the area of Network and Information Security (1);

2.

The 18 February 2003 Council Resolution on a European Approach towards a culture of Network and Information Security (2);

3.

The 8/9 March 2004 Council Conclusions on Unsolicited communications for direct marketing purposes or ‘spam ’and the 9/10 December 2004 Council Conclusions on Fight against spam;

4.

The March 2005 European Council Conclusions re-launching the Lisbon strategy and the European Council March 2006 Conclusions calling on the Commission and the Member States to implement the new i2010 Strategy vigorously;

5.

The EU Regulatory Framework for Electronic Communications (3), and, in particular, the provisions relating to communication security, privacy and confidentiality, which have contributed to ensuring a high level of personal data and privacy protection and the integrity and security of public communications networks;

6.

The 10 March 2004 Regulation (EC) No 460/2004 of the European Parliament and of the Council establishing the European Network and Information Security Agency (ENISA) (4);

7.

The Tunis Agenda and the Tunis Commitment of the World Summit on the Information Society (WSIS) highlighting the need to continue the fight against cyber-crime and spam while ensuring the protection of privacy and freedom of expression, and to further promote, develop and implement, in cooperation with all stakeholders, a global cyber-security culture;

8.

The Presidency Conclusions of the Annual European Information Society Conference (27-28 September 2006) ‘i2010 — Towards a Ubiquitous European Information Society’, in Espoo, Finland;

ACCORDINGLY STRESSES THAT:

1.

Our societies are rapidly moving into a new phase of development, towards a ubiquitous information society, where more and more of the everyday activities of the citizens are based on the use of Information and Communications Technologies (ICT) as well as electronic communications networks; network and information security should be considered as a key enabler for this development and for its success;

2.

Trust is a vital element in the success of the new Information Society; trust also relates to the experiences of the end-users and to the need to respect their privacy; therefore, network and information security should not be merely considered as a technical issue;

3.

Network and information security is an essential part in the creation of a European Information Space as part of the i2010 Initiative, thus contributing to the success of the renewed Lisbon Strategy; ICT is also a critical component of innovation, economic growth and jobs throughout the economy;

4.

New technologies that will lead us to the ubiquitous information society are already under development; the advent of ground-breaking technologies (such as, high-speed wireless networks, Radio Frequency Identification (RFID) Devices, sensor networks) and innovative, content-rich services (such as, Internet Protocol Television (IPTV), Voice over Internet Protocol (VoIP), mobile-TV and other mobile services) require adequate levels of network and information security from the very beginning of the development phase, in order to reach real commercial value; the early adoption of the new promising innovations is very important for the development of the information society and the competitiveness of Europe; governmental bodies and enterprises should adopt as soon as practicable secure, emerging new technologies and services in order to speed up their widespread adoption;

5.

It is strategic for the EU that European industry is both a demanding user as well as a competitive supplier of network and of security products and services; diversity, openness and interoperability are integral components of security and should be promoted;

6.

Network and information security knowledge and skills must also become integral part of everyday life of each individual and stakeholder in the society; a number of awareness raising campaigns have taken place both at national and EU-level, but there is still work to be done in this field, especially as concerns the end-users and small and medium-sized enterprises (SMEs); particular consideration should be given to users that have special needs or have low awareness of network and information security issues; all stakeholders should be aware that they are part of the global security chain and should be empowered to act as such; network and information security issues should be taken into account in all education and training relating to ICT;

7.

The establishment of ENISA has been a major step forward in the EU's efforts to respond to the challenges relating to network and information security; the scope, objectives, tasks and duration of ENISA are defined by Regulation No 460/2004;

8.

Resources directed to research and development (R&D) and innovation both at national and EU-level are one of the key elements in strengthening the level of information and network security of new systems, applications and services; efforts at the EU level should be reinforced in the fields of security-related research and innovation, in particular through the 7th Framework Programme (FP7) and the Framework Programme on Competitiveness and Innovation (CIP); efforts should also be directed towards measures to disseminate and encourage the commercial exploitation of the consequential results, including the evaluation of their usefulness for the wider community; this will enhance the ability of European suppliers to provide security solutions that will meet the specific needs of the European market;

9.

The ubiquitous information society, while providing great benefits, also poses significant challenges, thus creating a new landscape of potential risks; threats to security and privacy, also through unlawful interception and exploitation of data, are becoming more and more serious, targeted and clearly aimed at economic benefit, new responses for the emerging and already existing threats should be created in an innovative manner and they should also cover issues arising from system complexity, mistakes, accidents or unclear guidelines; the creation and development of national computer emergency response bodies aimed at various actors and the cooperation between these bodies as well as with other relevant stakeholders should be encouraged and further promoted;

10.

Standardisation and certification of products, services and management systems, in particular provided by existing institutions, deserve particular attention in the network and information security policy of the EU as a means to spread good practice and professionalism in the network and information security field; especially new emerging technologies like RFID and mobile-TV would benefit from timely adoption of possibly emerging open and interoperable standards; the functioning of the European standardisation bodies in this field should be encouraged;

11.

As electronic networks and information systems play an increasingly central role in the overall operation of Critical Infrastructures, their availability and integrity becomes indispensable to administrations', businesses, citizens' safety and quality of life, as well as to overall functioning of societies;

12.

Cooperation and practical approaches are needed more than ever; the various stakeholders should identify and recognise their respective roles, responsibilities and rights;

AND THEREFORE INVITES MEMBER STATES TO:

1.

Support training programmes and raise general awareness of network and information security issues, by, for example, launching information campaigns about network and information security issues, targeting all citizens/users and sectors of the economy, especially SMEs and end-users with special needs or low awareness; by 2008, a common date could be selected as a European wide awareness raising day (e.g. ‘Information and Network Security Day’) to be conducted on an annual and voluntary basis in each Member State;

2.

Strengthen the contribution to security-related R&D and to improve the usability and dissemination of the consequential results; encourage the development of innovative partnerships to boost the European ICT security industry growth and increase the early use of new network and information security technologies and services in order to give them a commercial boost;

3.

Give due attention to the need to prevent and fight new and existing security threats on electronic communications networks, which also include unlawful interception and exploitation of data, recognise and deal with associated risks and to encourage, where appropriate in cooperation with ENISA, effective exchanges of information and cooperation between the relevant organisations and agencies at national level; to commit to fighting spam, spyware and malware, in particular through improved cooperation between competent authorities at national and international level;

4.

Strengthen their mutual cooperation within the i2010 framework, in order to identify effective and innovative practices to improve network and information security and spread the knowledge of these practices throughout the EU on a voluntary basis;

5.

Encourage the continuous improvement of the national computer emergency response bodies;

6.

Promote an environment, which encourages service providers and network operators to provide robust services to their customers and to ensure resilience as well as consumer choice in their security services and solutions; encourage or require where appropriate, network operators and service providers to ensure an adequate level of network and information security for their customers;

7.

Continue a strategic discussion in the i2010 High Level Group, while taking into account ongoing development in the Information Society, and ensure a consistent approach between the dimensions of regulation, co-regulation, R&D and eGovernment together with communication and education;

8.

In line with the i2010 eGovernment Action Plan, provide for the roll-out of seamless eGovernment services, promote interoperable identity management solutions and undertake all appropriate changes in the public sector organisation; governments and public administrations should serve as an example of best practice by promoting secure eGovernment services for all citizens;

WELCOMES THE INTENTION OF THE COMMISSION TO:

1.

Continue the development of a comprehensive and dynamic EU-wide strategy for Network and Information Security. The holistic approach proposed by the Commission is of special importance;

2.

Address network and information security as one of the objectives in the EU Regulatory Framework for Electronic Communications review;

3.

Continue to play its role so as to achieve greater awareness about the need for general political commitment to fight spam, spyware and malware; reinforce the dialogue and cooperation with third countries, in particular through agreements with third countries including the issue of the fight against spam, spyware and malware;

4.

Strengthen the involvement of ENISA in supporting the Strategy for a Secure Information Society in Europe, as set out in this Resolution, in line with the objectives and tasks set out in Regulation (EC) No 460/2004 as well as in closer cooperation and tighter working relations with Member States and stakeholders;

5.

Develop, within the i2010 framework, in cooperation with Member States and all stakeholders, especially with statistical and Member States' information security experts, appropriate indicators for Community surveys on aspects related to security and trust;

6.

Encourage the Member States to examine, via a multi-stakeholder dialogue, the economic, business and societal drivers with the aim of developing an ICT sector-specific policy to enhance the security and resilience of network and information systems, as a potential contribution to the planned European Programme on Critical Infrastructure Protection;

7.

Continue its efforts, in coordination with Member States, to promote dialogue with relevant international partners and organisations to foster global cooperation on Network and Information Security, notably by implementing the WSIS Action lines and reporting to the Council on a regular basis;

AND CALLS UPON:

1.

ENISA to continue working in close cooperation with the Member States, the Commission and other relevant stakeholders, in order to fulfil those tasks and objectives that are defined in Regulation (EC) No 460/2004 and to assist the Commission and the Member States in their efforts to meet the requirements of network and information security, thus contributing to the implementation and further development of the Strategy for a Secure Information Society in Europe, as set out in this Resolution;

2.

All stakeholders to improve the security of software and the security and resilience of network and information systems in line with the Strategy for a Secure Information Society in Europe, as set out in this Resolution, as well as to engage in a structured multi-stakeholder debate on how best to utilise existing tools and regulatory instruments;

3.

Enterprises to take a positive attitude towards information and network security in order to create more advanced and secure products and services, considering investments in such products and services as a competitive advantage;

4.

Manufacturers and service providers to build, where appropriate, security, privacy and confidentiality requirements into their product- and service design and deployment of network infrastructure, applications and software, implement and monitor security solutions;

5.

Stakeholders to cooperate and to launch experimental environments for testing and piloting new technologies and services in a secure manner; stakeholders to adopt in a timely manner the new secure technologies and services after they have been launched commercially;

6.

All stakeholders to engage in further efforts to combat spam and other on-line malpractices and to actively cooperate with competent authorities at national and international level;

7.

The service providers and the ICT industry to focus on enhancing security, privacy and usability in products, processes and services in order to have reliability, prevent and fight ID theft and other privacy-intrusive attacks;

8.

Network operators, service providers and the private sector to share and implement good security practices and to foster a culture of risk analysis and management in organisations and business by supporting appropriate training programmes and developing contingency planning as well as make security solutions available to their customers as part of their services.


(1)  OJ C 43, 16.2.2002, p. 2.

(2)  OJ C 48, 28.2.2003, p. 1.

(3)  Directives 2002/58/EC (Directive on privacy and electronic communications), 2002/20/EC (Authorisation Directive), 2002/22/EC (Universal Service Directive) (OJ L 201, 31.7.2002, p. 37, OJ L 108, 24.4.2002, p. 21 and OJ L 108, 24.4.2002, p. 51, respectively).

(4)  OJ L 77, 13.3.2004, p. 1.


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

24.3.2007   

EN

Official Journal of the European Union

C 68/5


Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2007/C 68/02)

Date of adoption of the decision

3.1.2007

Reference number of the aid

N 147/06

Member State

Denmark

Region

Title (and/or name of the beneficiary)

Fritagelse for affaldsafgift for forbrænding af fiberfraktioner der stammer fra afgasning og separering af husdyrgødning

Legal basis

Affalds- og råstofafgiftsloven (forslag til lov om ændring af affalds- og råstofafgiftsloven J nr. 2005-231-0051)

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Tax rate reduction

Budget

Annual budget: DKK 20 million; Overall budget: DKK 200 million

Intensity

Duration

4.1.2007-31.12.2016

Economic sectors

All sectors

Name and address of the granting authority

Skatteministeriet

Nikolai Eigtveds Gade 28

DK-1402 København K

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

22.11.2006

Reference number of the aid

N 222/06

Member State

Italy

Region

Sardegna

Title (and/or name of the beneficiary)

Piano d'azione per il superamento del digital divide in Sardegna — Telecom Italia

Legal basis

Deliberazione della giunta regionale n. 50/2 del 30.11.2004, n. 54/15 del 22.11.2005 e n. 62/65 del 27.12.2005

Type of measure

Individual aid

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 6,1 million

Intensity

55 %

Duration

Until 2008

Economic sectors

Post and telecommunications

Name and address of the granting authority

Regione autonoma della Sardegna

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

9.2.2007

Reference number of the aid

N 501/06

Member State

France

Region

Title (and/or name of the beneficiary)

Élargissement de la taxe fiscale affectée ‘matériaux de construction’

Legal basis

Loi de finance pour 2007 portant modification de l'article 71F de la loi de finances n. 2004-1312 du 30 décembre 2003

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Parafiscal levy

Budget

Annual budget: EUR 1,6 million; Overall budget: EUR 10 million

Intensity

Duration (period)

19.2.2007-31.12.2012

Economic sectors

Construction

Name and address of the granting authority

Ministère de l'Économie, des finances et de l'industrie

139, rue de Bercy

F-75572 Paris

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

22.1.2007

Reference number of the aid

N 515/06

Member State

Belgium

Region

Vlaanderen

Title (and/or name of the beneficiary)

Steun aan ondernemingen voor ecologie-investeringen in het Vlaams Gewest

Legal basis

Decreet 31 januari 2003 betreffende het economisch ondersteuningsbeleid (Belgisch Staatsblad van 25 maart 2001)

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Direct grant

Budget

Annual budget: EUR 54 million; Overall budget: EUR 378 million

Intensity

40 %

Duration

1.1.2004-31.12.2013

Economic sectors

Name and address of the granting authority

Vlaamse Overheid — Agentschap Economie

Markiesstraat 1

B-1000 Brussel

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

6.12.2006

Reference number of the aid

NN 14/06

Member State

Italy

Region

Sardegna

Title (and/or name of the beneficiary)

Ottana Energia Srl

Legal basis

Decreto del ministero delle Attività produttive del 13.12.2005

Type of measure

Individual aid

Objective

To allow for further operation of the company in difficulty until the restructuring programme is elaborated

Form of aid

A guarantee on loan

Budget

Overal amount: EUR 5 million

Intensity

Duration

6 months

Economic sectors

Energy sector

Name and address of the granting authority

Ministero delle Attività produttive

Via Molise, 2

I-00187 Roma

Other information

The Italian authorities shall put an end to the guarantee for the benefit of Ottana Energia within 15 days of the date of receipt of the letter sent after adoption of the decision.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/


24.3.2007   

EN

Official Journal of the European Union

C 68/8


Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2007/C 68/03)

Date of adoption of the decision

21.12.2006

Reference number of the aid

NN 18/06

Member State

United Kingdom

Region

Wales

Title (and/or name of the beneficiary)

Farming Connect Advisory Service (East Wales Cattle)

Legal basis

Agriculture Act 1986

Type of measure

Scheme

Objective

Technical support

Form of aid

Grant

Budget

GBP 22,64 million (EUR 33,6 million)

Intensity

Up to 100 %

Duration

1.9.2002-31.10.2006

Economic sectors

Agriculture

Name and address of the granting authority

National Assembly for Wales

Cathays Park

Cartiff CF103NQ

United Kingdom

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

29.1.2007

Reference number of the aid

N 109/06

Member State

Italy

Region

Campania

Title (and/or name of the beneficiary)

Modifica del piano agrumicolo della Campania

Legal basis

Delibera di giunta regionale n. 40 del 21.1.2005

Type of measure

Aid scheme

Objective

Investments in agricultural holdings, promotion of production and marketing of high-quality products

Form of aid

Direct grant

Budget

EUR 1 330 924,40

Intensity

Up to 55 %

Duration

Unspecified

Economic sectors

Agriculture

Name and address of the granting authority

Ministero delle Politiche agricole alimentari e forestali

Via XX settembre, 20

I-00187 Roma

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

4.1.2007

Reference number of the aid

N 757/06

Member State

Italy

Region

Piemonte

Title (and/or name of the beneficiary)

Interventi nelle zone agricole colpite da calamità naturali (grandinate del 3 e 4 luglio 2006 — provincia di Cuneo)

Legal basis

Decreto legislativo n. 102/2004

Type of measure

Aid scheme

Objective

To compensate for damage to agricultural production as a result of bad weather

Form of aid

Direct grant

Budget

See the approved scheme (NN 54/A/04)

Intensity

Up to 100 % of the cost of the damage to agricultural production

Duration

Until the final payment is made

Economic sectors

Agriculture

Name and address of the granting authority

Ministero delle politiche agricole alimentari e forestali

Via XX Settembre, 20

I-00187 Roma

Other information

Measure applying the scheme approved by the Commission under State aid NN 54/A/04 (Commission letter C(2005) 1622 final, dated 7 June 2005)

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

14.12.2006

Reference number of the aid

N 759/06

Member State

Italy

Region

Puglia

Title (and/or name of the beneficiary)

Interventi nelle zone agricole danneggiate (piogge alluvionali il 22 e il 23 ottobre 2005 nella provincia di Bari)

Legal basis

Decreto legislativo n. 102/2004

Type of measure

Aid scheme

Objective

To compensate for damage to farm structures as a result of bad weather

Form of aid

Direct grant

Budget

See the approved scheme (NN 54/A/04)

Intensity

Up to 100 %

Duration

Until the final payment is made

Economic sectors

Agriculture

Name and address of the granting authority

Ministero delle Politiche agricole alimentari e forestali

Via XX settembre, 20

I-00187 Roma

Other information

Measure applying the scheme approved by the Commission under State aid NN 54/A/04 (Commission letter C(2005) 1622 final, dated 7 June 2005)

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

4.1.2007

Reference number of the aid

N 769/06

Member State

Ireland

Region

Title (and/or name of the beneficiary)

Food Marketing and Promotion undertaken by An Bord Bia (Irish Food Board). Modifying Aid N 362/2000

Legal basis

Government Decision (National Development Plan)

An Bord Bia Act 1994

Type of measure

Aid scheme

Objective

Quality products, technical support, advertising

Form of aid

Direct grant

Budget

New budget of the scheme EUR 68 million (increase by EUR 18,5 million)

Intensity

Duration

Until 31.12.2007

Economic sectors

Name and address of the granting authority

An Bord Bia

Clanwilliam Cort

Lower Mount Street

Dublin 2

Ireland

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

22.12.2006

Reference number of the aid

N 795/06

Member State

Hungary

Region

Title (and/or name of the beneficiary)

Birtokfejlesztési hitel kamattámogatása

Legal basis

3/2003. (I. 24.) FVM rendelet az agrárgazdasági és vidékfejlesztési célok 2003. évi költségvetési támogatásáról, 271-275. §

A földművelésügyi és vidékfejlesztési miniszter …/2006. ( ) FVM rendelet-tervezete a birtokfejlesztési hitel kamattámogatásáról

Type of measure

Aid scheme

Objective

Investment aid

Form of aid

Soft loan

Budget

Annual expenditure: HUF 436 million

Overall budget: HUF 2 000 million

Intensity

Maximum 24,06 %

Duration

Until 31.12.2008

Economic sectors

Agriculture

Name and address of the granting authority

Földművelésügyi és Vidékfejlesztési Minisztérium

Kossuth tér 11.

H-1055 Budapest

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

22.12.2006

Reference number of the aid

N 796/06

Member State

Hungary

Region

Title (and/or name of the beneficiary)

Birtok-összevonási célú termőföld vásárlás támogatása

Legal basis

A 2004. évi nemzeti hatáskörben nyújtott agrár- és vidékfejlesztési támogatások igénybevételének feltételeiről szóló FVM rendelet

25/2004. FVM rendelet 34. §; 39§-42. §

A földművelésügyi és vidékfejlesztési miniszter …/2006. ( ) FVM rendelet-tervezete a birtok-összevonási célú termőföldvásárlás támogatásáról

Type of measure

Aid scheme

Objective

Investment aid

Form of aid

Direct grant

Budget

Annual expenditure: HUF 300 million

Overall budget: HUF 600 million

Intensity

Maximum 20 %

Duration

Until 31.12.2008

Economic sectors

Agriculture

Name and address of the granting authority

Földművelésügyi és Vidékfejlesztési Minisztérium

Kossuth tér 11.

H-1055 Budapest

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

28.12.2006

Reference number of the aid

N 807/06

Member State

Italy

Region

Puglia

Title (and/or name of the beneficiary)

Programma di lotta contro la tristeza degli agrumi della regione Puglia

Legal basis

Legge regionale n. 20 del 30.12.2005

Type of measure

Aid scheme

Objective

Preventive and compensatory measures relating to a plant disease

Form of aid

Direct grant

Budget

EUR 500 000

Intensity

From EUR 5 to EUR 25 per plant, to compensate losses

Duration

Two years

Economic sectors

A — Agriculture

Name and address of the granting authority

Regione Puglia

Lungomare N. Sauro, 47

I-70121 Bari

Other information

This is an amendment of aid scheme N 603/05 approved by the Commission, adding an extra EUR 500 000, supplied by the region of Apulia, to the original budget of EUR 803 090,45 from central government. This additional amount will be used to finance compensatory measures in the event of grubbing-up infected plants

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision

29.1.2007

Reference number of the aid

N 831/06

Member State

Italy

Region

Lombardia

Title (and/or name of the beneficiary)

Aiuti regionali in agricoltura. Articolo 23 legge regionale n. 7/2000

Legal basis

Legge regionale n. 7 del 7.2.2000

Type of measure

Aid scheme

Objective

To assist mountain and hill farming

Form of aid

Direct grant

Budget

Intensity

Varies according to the measure

Duration

1.1.2007-31.12.2007

Economic sectors

A — Agriculture

Name and address of the granting authority

Regione Lombardia

Via Pola, 12/14

I-20124 Milano

Other information

This is an extension until 31 December 2007 of one of the measures approved by the Commission under State aid N 49/2000, namely the ‘aid to mountain and hill farming ’provided for under Article 23 of regional law n.7 of 7 February 2000

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of the adoption of the decision

29.1.2007

No of the aid

N 834/06

Member

The Netherlands

Region

National scheme

Title

Wijziging van de parafiscale heffing voor levende eenden ter financiering van dierziektebestrijding

Legal basis

Verordening van het Productschap voor Pluimvee en Eieren die vorige verordeningen wijzigt inzake parafiscale heffingen in de sectoren pluimvee en eieren, konijnen, pelsdieren en vossen

Type of the measure

Aid scheme

Objective

The combat of animal diseases

Form of the aid

Payments after an outbreak of a contaminous disease

Budget

The total budget remains the same as in measure N 352/04 which is changed by this measure. It depends on the actual future costs for the combat of animal diseases in the various sectors

Intensity

100 %

Duration

2007-2010

Economic sectors

Poultry

Name and address of the granting authority

Productschap voor Pluimvee en Eieren

Postbus 460

2700 AL Zoetermeer

Nederland

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/


24.3.2007   

EN

Official Journal of the European Union

C 68/15


Commission interpretative communication on procedures for the registration of motor vehicles originating in another Member State

(Text with EEA relevance)

(2007/C 68/04)

1.   INTRODUCTION

Buying a motor vehicle in, or transferring a motor vehicle to another Member State has become much easier than a few years ago, mainly due to three important developments.

(a)

The different national systems of type-approval were replaced by the EC whole vehicle type-approval (WVTA) system (1) that has applied to most passenger cars and motorcycles on a mandatory basis since January 1998 and June 2003, respectively. As a result, these categories of motor vehicles must comply with all the relevant EC type-approval directives in order to be placed on the market, and Member States may not refuse the sale, registration or entry into service of such vehicles. A proposal for a new Framework Directive (2) is currently under consideration by the European Parliament and the Council. Once adopted, commercial vehicles (buses and coaches, vans and trucks) will be included in the EC whole vehicle type approval. A uniform EC type-approval throughout the European Union enables faster and easier registration in all Member States.

(b)

The new block exemption regulation on the application of the competition rules to motor vehicle sales and servicing (3) has further enhanced European consumers' possibilities to benefit from the single market in practice so that consumers can take full advantage of price differentials between the various Member States. For example, consumers can now use without limitation the services of intermediaries or purchasing agents to buy their motor vehicle where it suits them. Distributors have greater freedom to operate outside their home territory and sell vehicles to consumers in other Member States (so-called active sales in addition to passive sales where consumers take the initiative to approach the distributor).

(c)

The European Community (EC) has introduced a harmonised registration certificate for motor vehicles (4). Its main objective is to facilitate the free movement of vehicles registered in one Member State, on the roads of other Member States, and the re-entry into service of vehicles that have previously been registered in another Member State.

Nevertheless, a considerable number of citizens and enterprises still shy away from purchasing a motor vehicle in another Member State since they fear facing needless paperwork and extra costs in their home country. Moreover, the transfer of motor vehicles to another Member State is still a source of complaints, in particular due to burdensome type-approval and registration procedures. Currently, as many as up to 20 % of the ongoing infringement cases in the field of Articles 28 to 30 of the EC Treaty and 7 % of SOLVIT-cases concern registration of motor vehicles (5).

This Communication aims at providing a comprehensive and up-to date overview on the principles of EC law that apply to the registration of motor vehicles in a Member State other than the State of purchase, and to the transfer of registration between Member States, in the light of recent developments in European legislation and in the case-law of the Court of Justice. This communication, however, does not give an overview of the principles of EC law that apply to car registration taxes and circulation taxes (6), which are currently governed by Articles 25 or 90 of the EC Treaty (7).

This communication replaces in its entirety Commission interpretive communication on procedures for the type-approval and registration of vehicles previously registered in another Member State (8). It should be noted, however, that only the European Court of Justice has the authority to rule definitively on the interpretation of Community law.

This communication is of particular interest to the authorities of Member States dealing with the approval and the registration of motor vehicles, and will help them to implement EC law correctly. The Commission will elaborate a guide for consumers, in which the transfer and registration of vehicles within the EU will be explained.

In any event, the Commission will continue to monitor attentively the correct implementation of the principles of EC law that apply to the registration and the transfer of motor vehicles.

2.   TERMINOLOGY

This Communication covers the first registration of motor vehicles as well as the registration of motor vehicles previously registered in another Member State regardless of whether they are new or used.

For the purpose of this communication: A ‘motor vehicle ’is

any powered vehicle intended for use on the road, being complete or incomplete, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors, all mobile machinery and heavy-duty commercial vehicles (9),or

any two or three-wheel motor vehicle, whether twin-wheeled or otherwise, intended to travel on the road (10).

A motor vehicle is ‘previously registered in another Member State ’when it has obtained the administrative authorisation for the entry into service in road traffic, involving its identification and the issuing of a registration number. This communication therefore also concerns motor vehicles that were subject to temporary or short-term registration, and motor vehicles that were subject to professional registration.

The length of the period during which a vehicle has been registered in one Member State before its transfer to another Member State is irrelevant.

3.   REGISTERING A MOTOR VEHICLE IN THE MEMBER STATE OF RESIDENCE

3.1.   What is the Member State of residence for the purpose of registration?

According to the Court of Justice, registration is the natural corollary of the exercise of the powers of taxation in the area of motor vehicles. It facilitates supervision both for the Member State of registration and for other Member States, since registration in one Member State constitutes proof of payment of taxes on motor vehicles in that State (11).

Every individual must register his vehicle in the Member State in which he is normally resident. Article 7 of Directive 83/182/EEC (12) and Article 6 of Directive 83/183/EEC (13) set out precise rules for determining normal residence in situations where the persons concerned are respectively temporarily or permanently living and driving in a Member State other than their own. However, the case law of the Court of Justice holds that the quantitative criterion to which this article refers (having to live more than 185 days per year in a given place) cannot be taken as the main criterion if there are other factors which alter the situation.

According to the Court of Justice, where a person has both personal and occupational ties in two Member States, his normal residence, determined in the context of an overall assessment by reference to all the relevant facts, is that where the permanent centre of interests of that person is located; in the event that such an overall assessment does not result in its determination, primacy must be given to personal ties (14).

3.2.   The different steps to obtain the registration of a motor vehicle

Current national legislation of Member States provides for (maximum) three different steps for registering a motor vehicle in the receiving Member State:

the approval of the technical characteristics of the motor vehicle, which in many cases will be the EC-type approval. Some types of motor vehicles, however, are still subject to national approval procedures,

roadworthiness testing of used vehicles, the objective of which is to verify for purposes of protecting the health and life of humans, that the specific motor vehicle is actually in a good state of repair at the moment of registration,

the registration of the motor vehicle, i.e. the administrative authorisation for the entry into service in road traffic, involving the identification of the motor vehicle and the issuing to it of a registration number.

3.3.   The approval of the technical characteristics of the motor vehicle

3.3.1.   EC type-approval

All series-built passenger cars approved since 1996, motorcycles approved since May 2003 and tractors approved since 2005 are in principle subject to EC type-approval. This is a procedure whereby a Member State certifies that a type of vehicle satisfies all applicable European safety and environmental protection requirements. The EC type-approval is valid in all Member States.

Where the manufacturer of the motor vehicle submits, pursuant to Directive 70/156/CEE, his application for EC type-approval to the approval authority of a Member State, which grants EC type-approval to the vehicle if it complies with all the requirements of the relevant directives (15), the approval authority of that Member State sends to the approval authorities of the other Member States a copy of the vehicle type-approval certificate for each vehicle type which it approved or refused to approve, or for which it withdrew the certification.

The manufacturer, in his capacity as the holder of the EC type-approval, issues an EC certificate of conformity which shows that the vehicle has been manufactured in conformity with the approved vehicle type. The EC certificate of conformity must accompany each new EC type-approved vehicle. Moreover, applicable EC competition rules require manufacturers to issue EC certificates of conformity in a non-discriminatory timely manner regardless of the destination and/or origin of the vehicle (i.e., regardless of whether the vehicle is sold to a consumer in another Member State or acquired by the dealer from a distributor in another Member State).

Member States may only register and permit the sale or entry into service of new EC-type-approved vehicles on grounds relating to their construction and functioning, if they are accompanied by a valid EC certificate of conformity.

European legislation does not require that the certificate of conformity remain with the vehicle after registration. In most Member States the EC certificate of conformity is kept by the authorities once the vehicle is registered.

New EC-type-approved vehicles which are accompanied by a valid certificate of conformity may not be required to undergo a new approval of their technical characteristics or to comply with additional technical requirements concerning their construction and functioning, unless they have been obviously modified after leaving the manufacturer's factory. National legislation under which motor vehicles covered by a valid EC type-approval certificate cannot be registered unless a national certificate is produced attesting to their conformity with national requirements, for example concerning exhaust emissions, is therefore not allowed (16).

3.3.2.   National approval

Under current Community law the following categories of motor vehicles are not EC type-approved:

commercial vehicles (buses, coaches, vans and trucks) and trailers,

vehicles built in small series,

vehicles approved on an individual basis.

A new motor vehicle that is not EC type-approved can be subject to national approval in the receiving Member State, before it can be registered. The national approval will result in a national certificate of conformity that will serve, among other purposes, for registering the motor vehicle.

National approval may either be national type-approval or national individual approval:

national type-approval and national small series-type approval are intended to ensure compliance of the vehicle type with the applicable national technical requirements. It results in a national type-conformity certificate issued by the manufacturer, in which he confirms that the specific vehicle was manufactured in conformity with the approved vehicle type,

national individual approval concerns the certification of compliance of a particular vehicle (whether unique or not) with the relevant national requirements. This procedure applies in particular to vehicles imported individually from third countries and which do not comply with European type-approval requirements, as well as to unique vehicles.

National type-approval and individual approval procedures for motor vehicles to be used or registered for the first time in the EU normally fall outside the scope of EC law.

However, national approval procedures for motor vehicles which have already obtained a national approval in another Member State and for motor vehicles that were already registered in another Member State, must comply with Articles 28 and 30 of the EC Treaty. According to the jurisprudence of the Court of Justice, the existence of such national procedures is, as such, not necessarily contrary to these Articles.

Yet, these approvals must at least fulfill the following procedural conditions to comply with Articles 28 and 30 of the EC Treaty (17):

(a)

the national approval procedures must, in any event, be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities' discretion, so that it is not used arbitrarily;

(b)

such procedures may not duplicate controls which have already been carried out in the context of other procedures, either in the same State or in another Member State. It follows that national authorities are not entitled to require technical tests when those tests have already been carried out in another Member State and their results are available to the authorities, or at their request may be placed at their disposal. This requires an active approach on the part of the national body to which an application is made for approval of a motor vehicle or recognition, in that context, of the equivalence of an approval certificate issued by an approval body of another Member State. Further, such an active approach is also required, where appropriate, of the latter body, and in this respect it is for the Member States to ensure that the competent approval bodies cooperate with each other with a view to facilitating the procedures to be followed to obtain access to the national market of the importing Member State (18);

(c)

the procedure must be one which is readily accessible and can be completed within a reasonable time, and, if it leads to a refusal, the decision of refusal must be open to challenge before the courts. The procedure must be expressly provided for in a measure of general application which is binding on the national authorities. Moreover, a national approval procedure does not comply with the fundamental principles of the free movement of goods if its duration and the disproportionate costs to which it gives rise deter the owner of the motor vehicle from seeking the approval of the motor vehicle.

The technical requirements of the receiving Member State must not unnecessarily require the motor vehicle to be modified. The fact that the motor vehicle was already registered in another Member State means that its competent authorities considered that the motor vehicle satisfied the technical requirements applicable there. The approval of a motor vehicle already approved in another Member State, whether the vehicle was already registered or not, may therefore only be refused by the competent national authorities if the motor vehicle poses a genuine risk to public health. According to the jurisprudence of the Court of Justice, the Member States, in exercising their discretion relating to the protection of public health, must comply with the principle of proportionality. The means which they choose must therefore be confined to what is actually necessary to ensure the safeguarding of public health or to satisfy overriding requirements regarding, for example, road safety, and they must be proportional to the objective thus pursued, which could not have been attained by measures less restrictive of intra-Community trade (19). Since Article 30 of the EC Treaty provides for an exception, to be interpreted strictly (20), to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case that the application of their rules is necessary to give effective protection to the interests referred to in Article 30 of the EC Treaty and, in particular, that the approval of the motor vehicle in question poses a real risk to human health or road safety.

It cannot reasonably be argued that the mere fact that a vehicle has been approved according to the rules of another Member State and possibly (but not necessarily) has certain technical characteristics that differ from those laid down in the law of the Member State of destination or from those of the equivalent type approval in that State constitutes a serious risk to human health and life or to the environment.

In practice, this requires that the competent authorities of the receiving Member State take the following steps:

(a)

the technical characteristics of a motor vehicle previously approved and registered in another Member State should first be assessed in the light of the technical rules in force in the receiving Member State. However, not on the basis of the current rules in force, but on the basis of the rules which were in force (in the receiving Member State) at the moment of approval in the Member State of origin;

(b)

the competent authorities must take into account the test and certificates issued by the competent authorities of other Member States and by the manufacturer (21). Additional tests may only be imposed when they are necessary to provide the competent authorities with information that cannot be found on the certificates;

(c)

on that basis, competent authorities will determine on which points the motor vehicle is not in conformity with the technical rules applicable in the receiving Member State at the moment of the first approval of the vehicle in the EU;

(d)

the competent authorities may then only apply national technical rules which are proportionate in the light of one of the imperative reasons recognised by the Court as mandatory requirements or mentioned in Article 30 of the EC Treaty. It should be emphasised that applying disproportionate national technical rules to the specific motor vehicle would infringe Community law which, in any event, takes precedence over national law.

3.4.   Roadworthiness testing of used vehicles

The objective of roadworthiness testing is to verify that the specific motor vehicle is actually in a good state of repair at the moment of registration. However, the fact that a motor vehicle has been used on public roads since the last roadworthiness test may justify roadworthiness testing upon registration in another Member State.

According to the jurisprudence of the Court of Justice (22), Member States may therefore require that motor vehicles previously registered in the same or in another Member State undergo roadworthiness testing prior to registration, provided that this inspection is obligatory for any transfer of ownership of any similar motor vehicle or for any change of holder of the registration certificate, regardless whether the motor vehicle was registered in the same or in another Member State. Roadworthiness testing prior to registration must at least fulfill the same procedural conditions as the approval of the technical characteristics of the motor vehicle, namely:

(a)

it must be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities' discretion, so that it is not used arbitrarily;

(b)

roadworthiness testing may not duplicate controls which have already been carried out in the context of other procedures, either in the same State or in another Member State. When a vehicle has undergone roadworthiness testing in a Member State, the principle of equivalence and mutual recognition laid down by Article 3(2) of Council Directive 96/96/EC (23) requires all the other Member States to recognise the certificate issued on that occasion, without that preventing them from requiring any additional tests usually carried out for the purposes of registration in their territory, provided those tests are not already covered by that certificate (24);

(c)

the Commission is of the opinion that the roadworthiness testing procedure must be one that is readily accessible and can be completed within a reasonable time. To restrict roadworthiness testing for imported vehicles to specific and separately designated control stations can constitute an obstacle to trade between Member States.

3.5.   The registration of the motor vehicle

By registering the motor vehicle, the Member State authorises its entry into service in road traffic, involving the identification of the motor vehicle and the issuing to it of a registration number.

3.5.1.   First registration of motor vehicles

For new EC type-approved motor vehicles purchased in another Member State, the Member State of registration must request, besides specific personal data of the person or organisation seeking the registration under harmonised Community code C (25), the EC certificate of conformity  (26).

For non EC type-approved vehicles, the Member State may request presentation of the relevant national type-approval or national individual approval certificates (see section 3.3.2).

The Commission holds the view that Member States are entitled to check at the moment of registration whether VAT has been correctly paid.

When a professional trader in another Member State sells a motor vehicle, he is obliged to issue an invoice. For VAT purposes, there are two possibilities:

(a)

the motor vehicle is ‘new’, where the supply takes place either within six months of the date of first entry into service or where the vehicle has travelled for no more than 6 000 kilometres. VAT will be due in the Member State to which the vehicle is moved according to Article 2 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (27) (the VAT Directive). The supply of new means of transport is exempted in the Member State of origin where the trader is established (Article 138(2)(a) of the VAT Directive). According to this provision, to get this exemption, it will have to be justified that the new mean of transport is dispatched or transported to the customer, by or on behalf of the vendor or the customer, at a destination outside the Member State of origin but within the Community;

(b)

the motor vehicle is not ‘new’: when a private person goes to another Member State to buy the motor vehicle and transports it back himself (or arranges for this to be done) then he buys at the VAT rate of tax at the point of sale and the result is taxation at ‘origin’. VAT will be due in the Member State where the trader is established. When the car trader has bought the car from an initial buyer who, in particular, did not deduct VAT included in the purchase price of the motor vehicle, the special scheme on second-hand goods (the margin scheme) will be applicable (Article 312 et seq. of the VAT Directive).

When a private individual sells his motor vehicle, it can be, for VAT purposes,

(a)

‘New ’(for the definition of the new vehicle see in point a. above). In that case VAT will be due in the Member State to which the vehicle is moved. (Article 2 of the VAT Directive). To avoid double taxation, the private individual who has sold the ‘new car ’is entitled to deduct or to be refunded of VAT included in the purchase price in the Member State of origin, up to an amount not exceeding the amount of VAT which he would be liable if the supply were taxable in the Member State of origin (Article 172 of the VAT Directive).

(b)

Not ‘new’. The transaction is outside the scope of VAT. No VAT will be due.

The Commission considers that national authorities may also require, at the moment of registration, proof of insurance coverage.

3.5.2.   Motor vehicles previously registered in another Member State

For motor vehicles previously registered in another Member State, the Member State of registration may only request the submission of the following documents:

(a)

The original or a copy of the non-harmonised registration certificate issued in another Member State: Many vehicles registered before 2004 still carry the non-harmonised registration certificate. There is no obligation in Community law to transmit the original or a copy of this type of certificate issued in another Member State to the national registration authorities of the Member State of destination. The Commission takes the view, however, that national law may oblige the purchaser to submit a copy of the registration certificate issued in the Member State of origin before registering the motor vehicle, in order to avoid double administrative controls or to reduce vehicle crime.

(b)

The harmonised registration certificate: The harmonised registration certificate issued by a Member State must be recognised by the other Member States for the vehicle's re-registration in another Member State (28). When a buyer purchases a motor vehicle carrying the harmonised registration certificate, he will have received Part I of the previous registration certificate in every case and Part II if it was issued. Part I of the previous registration certificate and Part II (if issued) must be transmitted to the registration authorities in the Member State of destination in order for these authorities to be able to withdraw the part(s) of the previous registration certificate. They must, within two months, inform the authorities of the Member State which delivered the certificate of its withdrawal. In addition, they must return the certificate which they have withdrawn to those authorities if they so request within six months of its withdrawal. Where the registration certificate consists of Parts I and II (29), and Part II is missing, the competent authorities in the Member State where the new registration has been requested may decide, in exceptional cases, to re-register the vehicle, but only after having obtained confirmation, in writing or by electronic means, from the competent authorities in the Member State where the vehicle was previously registered, that the applicant is entitled to re-register the vehicle in another Member State (30).

(c)

The EC or national certificate of conformity:

national authorities may not request the EC certificate of conformity for vehicles previously registered in another Member State if the previous registration certificate of the vehicle fully complies with the model in Directive 1999/37/EC. Pursuant to Article 4 of the Directive, the registration certificate issued by a Member State must be recognised by the other Member States for the re-registration of the motor vehicle in those States,

however, national authorities may request the EC certificate of conformity for vehicles previously registered in another Member State when the non-harmonised registration certificate of the other Member State does not allow them to identify the motor vehicle with sufficient precision,

if the motor vehicle has no EC certificate of conformity, the national authorities may request a national certificate of conformity;

(d)

Proof of payment of VAT, if the vehicle is new for VAT purposes (see section 3.5.1.);

(e)

A certificate of insurance;

(f)

A roadworthiness certificate if roadworthiness testing is obligatory for all re-registrations of motor vehicles previously registered in the same or in another Member State, respectively.

4.   TRANSFERRING A MOTOR VEHICLE TO ANOTHER MEMBER STATE

A motor vehicle can obviously be put on a trailer or on a truck and brought to another Member State. Yet many motor vehicles will be driven to the Member State of destination.

Most Member States specify that, as a general rule, a motor vehicle cannot be driven on public roads without displaying a registration number. The standard situation is the motor vehicle being driven with the registration plates of the Member State of origin or the Member State of destination.

Moreover, civil liability must remain covered by insurance (31) and it is advisable for motorists to keep the ‘green card’, i.e. the international certificate of insurance (32) with them while using their vehicle. However, following the signature of the Multilateral Agreement (33) in all Member States (as well as in Andorra, Croatia, Lichtenstein Norway and Switzerland), the vehicle licence plate is the equivalent of an insurance certificate. This allows motor vehicles having a licence plate from one of these countries to circulate freely in this area without any checks of the compulsory motor liability insurance certificate at the borders.

There are two ways to drive a motor vehicle lawfully to the Member State of destination: either the motor vehicle carries a professional registration plate or the motor vehicle carries a temporary registration plate.

4.1.   Driving the motor vehicle with professional number plates

Professional registration schemes exist in most Member States in order to allow retailers to drive motor vehicles on public roads for a very short period without being obliged to formally register them. Professional registration schemes are reserved for manufacturers, assemblers, distributors and dealers, with respect to motor vehicles which they possess.

Most Member States do not issue professional registration certificates as such, involving identification of the motor vehicle. They usually provide another type of document, establishing the link between the registration plates and their holder, and/or require the holder to keep a logbook in which trips made with the registration plate are recorded.

Article 35(1)(a) of the Vienna Convention on Road Traffic (34) specifies that the Contracting Parties may not prohibit the movement of motor vehicles that are registered by another Contracting Party, provided the driver carries a registration certificate. The Contracting Parties must also recognise registration certificates issued by other Contracting Parties in accordance with the Convention. However, there is no provision of the Convention which requires or permits the Contracting Parties to prohibit the free movement of vehicles not complying with the Convention.

Considering the freedom of transit of goods within the Community (35), the intra-Community movement of motor vehicles displaying a professional registration number issued in another Member State is governed by the EC Treaty (36), and in particular by its Article 28. Possible impediments must be justified in accordance with Article 30 of the EC Treaty or with one of the mandatory requirements accepted by the Court of Justice.

The principle that each Member State shall take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by insurance normally also applies to vehicles carrying professional registration plates. The extent of the liability covered and the terms and conditions of the cover are determined on the basis of these measures. However, Member States may exclude vehicles carrying professional registration plates from this obligation (i.e. derogate from the abovementioned provision), if such plates appear on a list drawn up by the Member State concerned and communicated to the other Member States and to the Commission. In that case, the other Member States retain the right to require that the person having custody of such a vehicle be in possession of a valid green card or that he conclude a frontier insurance contract complying with the requirements of the Member State concerned (37). However, a new amendment to Directive 72/166/EEC introduced by the fifth motor insurance Directive 2005/14/EC (38) states that vehicles exempted from the insurance obligation on the grounds of bearing a special plate should be treated in the same way as uninsured vehicles. Victims of accidents caused by such vehicles will have the right to apply for compensation to the compensation body of the country in which the accident occurred. This body should then have a claim against the guarantee fund established in the country in which the vehicle is normally based.

4.2.   The motor vehicle carries a temporary registration plate

Many Member States have put in place a system of temporary registration so that the motor vehicle can be driven for a short period before it obtains final registration or before it leaves the territory. Temporary registration usually takes place in the Member State of origin of the vehicle. However, the Commission takes the view that the general principle of freedom of transit of goods and the directive on registration documents for vehicles entail that the Member State of origin should also accept the use — on its territory — of temporary registration plates and certificates issued by the Member State of destination.

For temporary registration:

Member States may issue a temporary registration certificate that does not differ, or only slightly differs from the model set out in Directive 1999/37/EC. In that case, other Member States are obliged to recognise the temporary registration certificate issued by a Member State for the identification of the vehicle in international traffic, provided that the driver carries Part I of the registration certificate pursuant to Article 5(1) of the Directive (39),

alternatively, the temporary registration certificate may substantially differ from the model set out in Directive 1999/37/EC. Other Member States must, in principle, recognise the certificate in accordance with Articles 28 and 30 of the EC Treaty.

The free movement of the motor vehicle carrying a temporary registration plate and certificate may only be impeded for reasons relating to road safety (such as the driving capacities of the driver, his compliance with the local rules of the road or the roadworthiness of the motor vehicle), in case of reasonable suspicion of vehicle theft or when the controlling authorities have reasonable doubts about the validity of the certificate.

In addition, motorists are recommended to carry the ‘green card ’confirming insurance coverage at least at the minimum compulsory level required by the laws of the country which is visited. During the journey and until its final registration in the Member State of destination, the vehicle has to be covered by an insurance policy issued by an insurer authorised to operate in the state of origin of the vehicle. However, a new rule (40) that has to be transposed by Member States by 11 June 2007 at the latest, specifies that where a vehicle is dispatched from one Member State to another, the Member State where the risk is situated shall be considered the Member State of destination, immediately upon acceptance of delivery by the purchaser for a period of thirty days, even though the vehicle has not formally been registered in the Member State of destination. This will enable the purchaser of the vehicle to obtain insurance cover in his Member State of residence even though the vehicle still bears a foreign registration plate (temporary plate of the country of origin). In practical terms, this means that insurance should be taken out in the country of destination. Such insurance can be offered by insurance undertakings established in the Member State of destination, or established in other Member States which provide services in the Member State of destination based on free provision of services or freedom of establishment.

5.   REMEDIES

Any decision taken by national authorities refusing the type-approval of the motor vehicle or refusing its registration must be notified to the party concerned who shall, at the same time, be informed of the remedies available to him under the laws in force in the Member State concerned and of the time limits allowed for the exercise of such remedies (41).

Apart from the formal national remedies available to the person applying for registration, citizens and enterprises may seek a solution for vehicle approval or car registration problems through the SOLVIT network (42). The use of the SOLVIT system is free of charge.

It is also possible to turn directly to the European Commission and make a complaint against a Member State. The Commission — if it considers that a Member State has failed to fulfil its obligation under the EC Treaty — can initiate infringement proceedings against the Member State under Article 226 of the EC Treaty.


(1)  Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 42, 23.2.1970, p. 1). Directive as last amended by Directive 2006/40/EC of the European Parliament and of the Council (OJ L 161, 14.6.2006, p. 12).

(2)  Commission proposal for a Directive of the European Parliament and of the Council on the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, COM(2003) 418, amended by COM(2004) 738.

(3)  Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (OJ L 203, 1.8.2002, p. 30). Regulation as amended by the 2003 Act of Accession.

(4)  Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57). Directive as last amended by Commission Directive 2006/103/EC (OJ L 363, 20.12.2006, p. 344).

(5)  http://europa.eu.int/solvit/site/statistics/index_en.htm)

(6)  The principles of EC law that currently apply to car registration taxes and circulation taxes are set out in an information document from the Commission on the rights and duties of the European citizen on the taxation of cars transferred within the Community or used regularly on cross-border journeys, published on:

http://ec.europa.eu/taxation_customs/taxation/other_taxes/passenger_car/index_en.htm

(7)  The Commission adopted a proposal on passenger car related taxes (COM(2005)261 of 5.7.2006). This proposal provides for the gradual abolition of registration taxes over a transitional period of five to ten years, and a refund system for the residual car taxes when a car registered in one Member State is permanently moved for registration to another Member State.

(8)  OJ C 143, 15.5.1996, p. 4.

(9)  See Article 1 of Directive70/156/EEC.

(10)  That is to say any motorcycle falling under the scope Article 1 of Directive 2002/24/EC of European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (OJ L 124, 9.5.2002, p. 1). Directive as last amended by Commission Directive (OJ L 106, 27.4.2005, p. 17).

(11)  Judgment of the Court of Justice of 21 March 2002, Cura Anlagen GmbH v Auto Service Leasing GmbH (ASL), Case C-451/99, ECR 2002, p. I-03193 (http://curia.europa.eu/en/content/juris/index.htm)

(12)  Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another. (OJ L 105, 23.4.1983, p. 23.4.1983, p. 59). Directive as last amended by Directive 2006/98/EC (OJ L 363, 20.12.2006, p. 129).

(13)  Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals (OJ L 105, 23.4.1983, p. 64). Directive as last amended by Directive 92/12/EEC (OJ L 76, 23.3.1992, p. 1).

(14)  Judgment of the Court of Justice of 12 July 2001, Paraskevas Louloudakis v Elliniko Dimosio, Case C-262/99, ECR 2001, p. I-05547.

(15)  The applicable directives are listed in Annex IV, Part I of Directive 70/156/EEC.

(16)  Judgment of the Court of Justice of 29 May 1997, Administrative proceedings brought by VAG Sverige AB, Case C-329/95, ECR 1997, p. I-02675.

(17)  Judgment of the Court of Justice of 22 January 2002, Canal Satélite Digital SL v Adminstración General del Estado, and Distribuidora de Televisión Digital SA (DTS), Case C-390/99, ECR2002, p. I-00607.

(18)  Judgment of the Court of Justice of 10 November 2005, Commission of the European Communities v Portuguese Republic, Case C-432/03, ECR 2005, p. I-09665.

(19)  Judgment of the Court of Justice of 5 February 2004, Commission of the European Communities v French Republic, Case C-24/00. ECR 2004, p. I-01277.

(20)  Judgment of the Court of Justice of 5 February 2004, Criminal proceedings against John Greenham and Léonard Abel, Case C-95/01. ECR 2003, p. I-01333.

(21)  Judgment of the Court of Justice of 16 October 2003, Commission of the European Communities v Italian Republic, Case C-455/01, ECR 2003, p. I-12023.

(22)  Judgment of the Court of Justice of 12 June 1986, Bernhard Schloh v Auto contrôle technique SPRL, Case C 50/85, ECR 1986, p. I-01855, points 14-16; Case C-451/99, points 62 — 64.

(23)  OJ L 46, 17.2.1997, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(24)  Case C-451/99.

(25)  As set out in Annexes I and II to Directive 1999/37/EC.

(26)  Article 7(1) of Directive 70/156/EEC.

(27)  OJ L 347, 11.12.2006, p. 1. Directive as last amended by Decision 2007/133/EC (OJ L 57, 24.2.2007, p. 12).

(28)  Article 4. of Directive 1999/37/EC.

(29)  According to recital 7 of Directive 1999/37/EC Member States use a registration certificate consisting either of one single part or two separate parts, and ‘it is currently appropriate to allow both systems to coexist’. Consequently, Article 3(1) of Directive, the registration certificate consists of either a single part in accordance with Annex I or two parts in accordance with Annexes I and II. The reference to Part II only applies to Member States who follow the system of registration certificate with two separate parts (Part I and Part II).

(30)  Article 5(2) of Directive 1999/37/EC.

(31)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, as amended (OJ L 103, 2.5.1972, p. 1). Directive as last amended by Directive 2005/14/EC of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 14).

(32)  Any motorist can obtain a Green Card from the insurer who has issued for him/her the compulsory motor liability insurance. The Green Card System was introduced in 1953 under the aegis of the Economic Commission for Europe of the United Nations and is managed by the Council of Bureaux. The Green Card certifies that the motorist has at least the minimum compulsory third party insurance cover required by the laws of the countries visited (for more info, see: http://www.cobx.org/public/NXhomeEng-Public.htm).

(33)  Agreement between the National Insurer's Bureaux of the Member States of the European Economic Area signed on 30 May 2002, referred to in Annex to the Commission Decision 2003/564/EC of 28 July 2003 on the application of Council Directive 72/166/EEC of relating to insurance against civil liability in respect of the use of motor vehicles (OJ L 192, 31.7.2003, p. 23).

(34)  United Nations — Economic Commission for Europe, 8 November 1968, as amended.

(35)  Point 18 of the Judgement of the Court of Justice of 23 October 2003, Administration des douanes et droits indirects v Rioglass SA and Transremar SL, Case C-115/02, ECR 2003, p. I-12705, point 18.

(36)  See Judgement of the Court of Justice of 2 October 2003, Criminal proceedings against Marco Grilli, Case C-12/02, ECR 2003, p. I-11585.

(37)  Article 4(b) of Council Directive 72/166/EEC.

(38)  Article 1(3)(b) To be implemented by Member States by 11 June 2007 at the latest.

(39)  Directive 1999/37 EC also applies to temporary registration certificates, which should be recognised by the Member States based on Article 1(2)(b), and Article 4 of the Directive.

(40)  The new Article 4ais inserted into Council Directive 90/232/EEC (OJ L 129, 19.5.1990, p. 33) relating to insurance against civil liability in respect of the use of motor vehicles by Directive 2005/14/EC.

(41)  Article 12 of Directive 70/156/EEC.

(42)  http://europa.eu.int/solvit/


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

24.3.2007   

EN

Official Journal of the European Union

C 68/25


Euro exchange rates (1)

23 March 2007

(2007/C 68/05)

1 euro=

 

Currency

Exchange rate

USD

US dollar

1,3327

JPY

Japanese yen

156,65

DKK

Danish krone

7,4505

GBP

Pound sterling

0,67780

SEK

Swedish krona

9,3135

CHF

Swiss franc

1,6164

ISK

Iceland króna

88,46

NOK

Norwegian krone

8,1150

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5805

CZK

Czech koruna

27,973

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,70

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7096

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8760

RON

Romanian leu

3,3630

SKK

Slovak koruna

33,582

TRY

Turkish lira

1,8479

AUD

Australian dollar

1,6519

CAD

Canadian dollar

1,5432

HKD

Hong Kong dollar

10,4103

NZD

New Zealand dollar

1,8654

SGD

Singapore dollar

2,0217

KRW

South Korean won

1 248,54

ZAR

South African rand

9,6281

CNY

Chinese yuan renminbi

10,2991

HRK

Croatian kuna

7,3815

IDR

Indonesian rupiah

12 140,90

MYR

Malaysian ringgit

4,6065

PHP

Philippine peso

64,003

RUB

Russian rouble

34,6730

THB

Thai baht

42,402


(1)  

Source: reference exchange rate published by the ECB.


24.3.2007   

EN

Official Journal of the European Union

C 68/26


Guidelines on National Regional aid for 2007-2013 — National regional State aid map: Portugal, Cyprus

(Text with EEA relevance)

(2007/C 68/06)

N727/2006 — PORTUGAL

National regional State aid map 1.1.2007-31.12.2013

(Approved by the Commission on 7.2.2007)

NUTS II

NUTS III

Ceiling for regional investment aid (1)

(applicable to large enterprises)

1.   

Regions eligible for aid under Article 87(3)(a) of the EC Treaty for the whole period 2007-2013

 

 

1.1.2007-31.12.2010

1.1.2011-31.12.2013

Norte

Alto Trás-os-Montes

30

30

Ave

30

30

Cávado

30

30

Douro

30

30

Entre Douro e Vouga

30

30

Grande Porto

30

30

Minho Lima

30

30

Tâmega

30

30

Centro

Baixo Mondego

30

30

Baixo Vouga

30

30

Beira Interior Norte

40

30

Beira Interior Sul

40

30

Cova da Beira

40

30

Dão Lafões

36,5

30

Pinhal Interior Norte

40

30

Pinhal Interior Sul

40

30

Pinhal Litoral

30

30

Serra da Estrela

40

30

Médio Tejo

30

30

Oeste

30

30

Alentejo

Lezíria do Tejo

30

30

Alto Alentejo

40

30

Alentejo Central

40

30

Alentejo Litoral

40

30

Baixo Alentejo

40

30

RA Madeira

RA Madeira

52

40

RA Açores

RA Açores

52

50

2.   

Regions eligible for aid under Article 87(3)(a) of the EC Treaty until 31.12.2010 (2)

Algarve

Algarve

30

20

3.   

Regions eligible for aid under Article 87(3)(c) of the EC Treaty for the whole period 2007-2013

Grande Lisboa

Vila Franca de Xira (Alhandra, Alverca do Ribatejo, Castanheira do Ribatejo, Vila Franca de Xira)

15

15

P. de Setúbal

Setúbal

15

15

Palmela

15

15

Montijo

15

15

Alcochete

15

15

4.   

Regions eligible for aid under Article 87(3)(c) of the EC Treaty for the period 1.1.2007-31.12.2008 at an aid ceiling of 10 %

Grande Lisboa

Vila Franca de Xira (Cachoeiras, Calhandriz, Póvoa de Santa Iria, São João dos Montes, Vialonga, Sobralinho, Forte da Casa)

10

Mafra

10

Loures

10

Sintra

10

Amadora

10

Cascais

10

Odivelas

10

Oeiras

10

P. de Setúbal

Seixal

10

Almada

10

Barreiro

10

Moita

10

Sesimbra

10

N 814/2006 — CYPRUS

National regional State aid map 1.1.2007-31.12.2013

(Approved by the Commission on 24.1.2007)

CYPRUS

Ceilings for regional investment aid (3)

(Applicable to large enterprises)

1.   

Communes eligible for aid under Article 87(3)(c) of the EC Treaty for the whole period 2007-2013 at an aid intensity of 15 %

1012 Δήμος Στροβόλου, 1023 Δήμος Λατσιών (Λακκιά), 1024 Γέρι, 1100 Σιά, 1101 Μαθιάτης, 1102 Αλάμπρα, 1103 Αγία Βαρβάρα, 1104 Κοτσιάτης, 1105 Νήσου, 1106 Πέρα Χωριό, 1107 Δήμος Ιδαλίου, 1108 Λύμπια, 1109 Λυθροδόντας & Μονή Προφήτη Ηλία, 1120 Ποταμιά, 1121 'Αγιος Σωζόμενος, 1200 Καμπί, 1201 Φαρμακάς, 1202 Απλίκι, 1203 Λαζανιάς (Περιλ. Μονή Μαχαιρά), 1204 Γούρρη, 1205 Φικάρδου (Περιλ. Οικ. Πύργου), 1206 'Αγιος Επιφάνιος (Ορεινής), 1207 Καλό Χωριό (Ορεινής), 1208 Μαλούντα, 1209 Κλήρου, 1210 Αρεδιού, 1211 'Αγιος Ιωάννης (Μαλούντας), 1212 Αγροκηπιά, 1213 Μιτσερό (Περ. Μονή Αγ. Παντελ.), 1220 Καπέδες, 1221 Καταλιόντας, 1222 Αναλιόντας (Περ. Μονή Αρχ.Μιχ.), 1223 Καμπιά, 1224 Μαργί, 1225 Τσέρι, 1226 Πολιτικό -Μονή Αγ.Ηρακλ.&Φιλάνι, 1227 Πέρα, 1228 Επισκοπειό, 1229 Ψιμολόφου, 1230 Εργάτες, 1240 'Αγιοι Τριμιθιάς, 1241 Παλαιομέτοχο, 1243 Κοκκινοτριμιθιά, 1244 Μάμμαρη, 1300 Παλαιχώρι Μόρφου, 1301 Ασκάς, 1302 'Αλωνα, 1303 Φτερικούδι, 1304 Πολύστυπος, 1305 Λαγουδερά, 1306 Σαράντι, 1307 Λιβάδια, 1308 Αληθινού, 1309 Πλατανιστάσα, 1310 Παλαιχώρι Ορεινής, 1320 Ξυλιάτος, 1321 'Αγιος Γεώργιος Καυκάλλου, 1322 Νικητάρι (Περιλ. Ασίνου), 1323 Βυζακιά, 1324 Αγία Μαρίνα (Ξυλιάτου), 1325 Άγιοι Ηλιόφωτοι, 1326 Κάτω Μονή, 1327 Ορούντα, 1328 Πάνω Κουτραφάς, 1329 Κάτω Κουτραφάς (Περιλ. Μάνδρες), 1330 Ποτάμι, 1361 Περιστερώνα, 1362 Αστρομερίτης, 1368 Μένικο, 1400 Σπήλια, 1402 Αγία Ειρήνη, 1403 Καννάβια (Περιλ. Καπουρά), 1404 Κακοπετριά -Πλατάνια,Αγ.Νικ.Στ., 1405 'Αγιος Θεόδωρος (Σολέας), 1406 Γαλάτα, 1407 Σινάορος, 1408 Καλιάνα, 1409 Τεμβριά, 1410 Κοράκου (Περιλ. Αργολάδου), 1411 Ευρύχου, 1412 Φλάσου, 1414 Άγιος Επιφάνιος (Σολέας), 1415 Ληνού, 1416 Κατύδατα, 1417 Σκουριώτισσα (Φουκάσα), 1420 Πεδουλάς, 1421 Μυλικούρι, 1422 Μουτουλλάς, 1423 Οίκος, 1424 Καλοπαναγιώτης-Ορκόντας,Ι.Λαμπ., 1425 Γερακιές, 1426 Τσακίστρα (Περιλ. Μονή Κύκκου), 1427 Κάμπος, 1430 Άγιος Νικόλαος (Λέυκας), 1456 Πάνω Πύργος, 1457 Κάτω Πύργος, 1458 Σελλάδι του Άππη, 1459 Αλεύγα, 1460 Πηγένια (Περιλ. Χαλέρι), 1461 Παχύαμμος, 1465 Φροδίσια (Βροδίσια), 1462 'Αγιος Θεόδωρος (Τιλλιρίας), 3100 Δήμος Αγίας Νάπας -& Αγία Θέκλα, 3101 Δήμος Παραλιμνίου, 3102 Δήμος Δερύνειας-Στροβίλ.&Α.Νικ., 3103 Σωτήρα, 3104 Λιοπέτρι, 3105 Φρέναρος, 3110 Αυγόρου (& Μονή 'Αγιος Κενδέας), 4010 Δήμος Αραδίππου, 4011 Λιβάδια, 4012 Δρομολαξιά, 4013 Μενεού, 4100 Κελλιά, 4102 Bορόκληνη(Ορόκληνη), 4103 Αβδελλερό, 4110 Κίτι, 4111 Περιβόλια, 4112 Τερσεφάνου, 4113 Σοφτάδες, 4120 Μαζωτός, 4121 Αλαμινός, 4122 Αναφωτίδα, 4123 Απλάνταn, 4124 Κιβισίλι, 4125 Αλεθρικό, 4126 Κλαυδιά, 4127 Αγγλισίδες, 4128 Μενόγεια, 4202 Δήμος Αθιένου, 4210 Καλό Χωριό, 4211 Αγία 'Αννα, 4212 Μοσφιλωτή, 4213 Ψευδάς, 4214 Πυργά-Μονή Σταυροβ.&Αγ.Βαρβάρας, 4215 Κόρνος(Περιλ.Μονή Αγίας Θέκλας), 4216 Δελίκηπος, 4217 Κόχη, 4300 Ζύγι, 4301 Μαρί (Περιλ. Βασιλικό), 4302 Καλαβασός, 4303 Τόχνη, 4304 Χοιροκoιτία, 4305 Ψεματισμένος, 4306 Μαρώνι, 4307 'Αγιος Θεόδωρος, 4308 Σκαρίνου, 4309 Κοφίνου, 4310 Κάτω Λεύκαρα, 4311 Δήμος Πάνω Λευκάρων, 4312 Κάτω Δρυς, 4313 Βάβλα (Περιλ. Νονή Αγίου Μηνά), 4314 Λάγεια, 4315 Ορά (Περιλ. Δράπια και Παρσάτα), 4316 Μελίνη, 4317 Οδού, 4318 'Αγιοι Βαβατσινιάς, 4319 Βαβατσινιά, 5011 Δήμος Μέσα Γειτονιάς, 5012 Δήμος Αγίου Αθανασίου, 5020 Πάνω Πολεμίδια, 5021 'Υψωνας, 5022 Δήμος Κάτω Πολεμιδιών, 5100 Παλόδεια, 5101 Παραμύθα-& Μονή Παναγίας Ευαγγ., 5102 Σπιτάλι, 5103 Φασούλα, 5104 Μαθικολώνη, 5105 Γεράσα, 5106 Αψιού, 5107 Απεσιά, 5108 Κορφή, 5109 Λιμνάτης, 5110 Καπηλειό, 5120 Μουτταγιάκα, 5121 Αρμενοχώρι, 5122 Φοινικάρια, 5123 Ακρούντα, 5124 'Αγιος Τύχων, 5125 Παρεκκλησιά, 5126 Πεντάκωμο, 5127 Μοναγρούλλι, 5128 Μονή, 5129 Πύργος, 5130 Ασγάτα (Περ.Μεταλλεία Πλατείες), 5131 Βάσα (Κελλακίου), 5132 Σανίδα, 5133 Πραστιό (Κελλακίου), 5134 Κλωνάρι, 5135 Βίκλα, 5136 Κελλάκι -& Μονή Ζωοδόχου Πηγής, 5137 Ακαπνού, 5138 Επταγώνεια, 5140 Διερώνα, 5141 Αρακαπάς, 5142 'Αγιος Παύλος, 5143 'Αγιος Κωνσταντίνος, 5144 Συκόπετρα, 5145 Λουβαράς, 5146 Καλό Χωριό (Περιλ. 'Αθρακος), 5147 Ζωοπηγή, 5223 Πλατανίστεια, 5224 'Αγιος Θωμάς, 5225 Αλέκτορα, 5226 Ανώγυρα, 5227 Πισσούρι, 5302 'Αλασσα, 5305 'Αγιος Αμβρόσιος, 5306 'Αγιος Θεράπων, 5307 Λόφου, 5308 Πάχνα, 5310 'Αγιος Γεώργιος, 5311 Δωρός, 5312 Λάνεια, 5313 Σιλίκου, 5314 Μονάγρι-& Μονή Παναγίας Αμασγού, 5315 Τριμήκληνη, 5316 'Αγιος Μάμας, 5317 Κουκά, 5318 Μονιάτης-Μέσα Ποτ.,Σαϊττάς,Φυλ., 5320 Δωρά, 5321 Γεροβάσα, 5322 'Αρσος, 5323 Κισσούσα, 5324 Μαλιά, 5325 Βάσα (Κοιλανίου), 5326 Βουνί, 5327 Πέρα Πεδί, 5328 Μανδριά, 5329 Ποταμιού, 5330 'Ομοδος, 5331 Κοιλάνι, 5340 'Αγιος Δημήτριος, 5341 Παλαιόμυλος, 5342 Πρόδρομος (Περιλ. Τρικουκκιά), 5343 Καμινάρια, 5344 Τρεις Ελιές, 5345 Λεμίθου, 5350 Κάτω Πλάτρες (Toρναρίδες), 5351 Πάνω Πλάτρες (Περιλ. Τροόδος), 5352 Φοινί (Περ. Μονή Τροοδίτισσας), 5353 Πάνω Αμίαντος, 5354 Κάτω Αμίαντος, 5360 'Αγιος Θεόδωρος, 5361 'Αγιος Ιωάννης, 5362 Κάτω Μύλος, 5363 Ποταμίτισσα, 5364 Δύμες, 5365 Πελένδρι (Περιλ. Κάρδαμα), 5366 Αγρός, 5367 Αγρίδια, 5368 Χανδριά, 5369 Κυπερούντα, 6010 Δήμος Γεροσκήπου, 6011 Κονιά, 6012 Αγία Μαρινούδα, 6013 Κολώνη (Περιλ. Μονή Ανατολικό), 6014 Αχέλεια, 6022 'Εμπα, 6023 Τρεμιθούσα, 6024 Μέσα Χωριό, 6025 Μεσόγη, 6026 Τάλα (Περ. Μονή Αγίου Νεοφύτου), 6100 Κούκλια, 6101 Μανδριά, 6102 Νικόκλεια, 6103 Σουσκιού, 6104 Τίμη, 6106 'Αγία Βαρβάρα, 6107 Αναρίτα, 6108 Φοίνικας, 6110 Μαραθούντα, 6111 'Αρμου, 6112 Επισκοπή, 6113 Νατά, 6114 Χολέτρια, 6115 Αξύλου, 6116 Ελεδιό, 6120 Τσάδα, 6121 Κοίλη, 6122 Στρουμπί, 6123, Πολέμι, 6124 Καλλέπεια (Περιλ. Μορόνερο), 6125 Λετύμβου, 6126 Πιταργού, 6127 Κούρδακα, 6128 Λεμώνα, 6129 Χούλου, 6130 Ακουρσός, 6132 Κάθικας, 6200 Πάνω Aρχιμανδρίτα-& Κάτω Αρχιμ., 6201 Φασούλα, 6202 Μούσερε, 6203 Μάρωνας, 6204 Μαμώνια, 6205 'Αγιος Γεώργιος, 6206 Σταυροκόννου, 6207 Πραστιό, 6208 Τραχυπέδουλα, 6210 Κελοκέδαρα, 6211 Σαλαμιού, 6212 Κιδάσι, 6213 Κέδαρες, 6214 Μέσανα, 6215 Πραιτώρι, 6216 Φιλούσα (Κελοκεδάρων), 6217 Αρμίνου, 6218 'Αγιος Νικόλαος (Περ. Πέραβασα), 6219 'Αγιος Ιωάννης (Περ. Μαλούντα), 6220 Αμαργέτη, 6221 Αγία Μαρίνα (Κελοκεδάρων), 6222 Πενταλιά, 6223 Φάλεια, 6224 Γαλαταριά, 6225 Κοιλίνεια, 6226 Βρέτσια, 6227 Στατός-'Αγιος Φώτιος-&Αμπελίτης, 6228 Λαπηθιού, 6229 Μαμουντάλη, 6230 Πάνω Παναγιά-&Μονή Χρυσορ.&Αγιά, 6231 Ασπρογιά, 6300 Ψάθι, 6301 'Αγιος Δημητριανός, 6302 Κανναβιού (Περιλ. Μελαμιού), 6303 Θρίνια (Δρίνια), 6304 Μηλιά, 6305 Κρίτου Μαρόττου, 6306 Φύτη, 6307 Λάσα, 6308 Δρύμου, 6310 Σίμου, 6311 Αναδιού, 6312 Σάραμα, 6313 Ευρέτου, 6314 Τριμιθούσα, 6315 Φιλούσα (Χρυσοχούς), 6316 Κιός, 6317 Ζαχαριά, 6318 Μελαδειά, Λυσός -Αγ. Μερκούρ & Σταυρός της Ψώκας, 6319 Μελάνδρα, 6320 Λυσός-&Αγ.Μερκούρ.&Σταυρός Ψώκ., 6321 Περιστερώνα, 6330 Θελέτρα, 6331 Γιόλου, 6332 Πάνω Ακουρδάλεια, 6333 Μηλιού -& Μονή Αγίων Αναργύρων, 6334 Κάτω Ακουρδάλεια, 6335 Τέρα, 6336 Κρίτου Τέρα, 6337 Σκούλλη, 6338 Χόλη, 6339 Λουκρουνού, 6340 Καραμουλλήδες, 6341 Χρυσοχού, 6343 Δήμος Πόλεως Χρυσοχούς, 6344 Νέο Χωριό (Περ.Λουτρά Αφροδίτης), 6345 Γουδί, 6350 Κάτω Αρόδες, 6351 Πάνω Αρόδες, 6352 'Ινεια, 6353 Δρούσεια (Περιλ. Πιττόκοπος), 6354 Φασλί, 6355 Ανδρολίκου, 6360 Πελαθούσα -& Μύρμιγκωφ & Λίμνη, 6361 Κυνούσα, 6362 Μακούντα, 6363 Αργάκα, 6364 Γιαλιά, 6365 Αγία Μαρίνα (Χρυσοχούς), 6366 Νέα Δήμματα, 6367 Πομός (Περιλ. Παλιάμπελα), 6368 Στενή, 6369 Άγιος Ισίδωρος, 6370 Λιβάδι.

2.   

Communes eligible for transitional coverage under Article 87(3)(c) of the EC Treaty for the period 1.1.2007-31.12.2008 at an aid intensity of 10 %

1000 Δήμος Λευκωσίας, 1010 Δήμος Αγίου Δομετίου, 1011 Δήμος 'Εγκωμης, 1013 Δήμος Αγλαντζιάς (Αγλαγγιά), 4101 Τρούλλοι, 4104 Πύλα, 5013 Δήμος Γερμασόγειας, 6020 Χλώρακας, 6021 Λέμπα, 6027 Κισσόνεργα, 6133 Δήμος Πέγειας & Αγ. Γεωργίου Πέγειας.


(1)  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.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.

(2)  One or more of these regions might remain eligible under Article 87(3)(a) and the ceiling for the period 1.1.2011-31.12.2013 will be increased to 30 % if a review to be undertaken in 2010 shows that the GDP per capita of the region concerned has fallen below 75 % of the EU-25 average.

(3)  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.