14.7.2005

EN

Official Journal of the European Union

C 174/1

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Budget 2006 for Europol (1)

(2005/C 174/01)

Europol

Title Chapter Article	Description	Outturn 2004	Budget 2005	Budget 2006	Commentary
1	REVENUE
10	Contributions
100	Member States' contributions	46 451 316	51 938 192	51 957 486	Of the amount for 2006, EUR 2,740 million is foreseen for costs of the back-payment of salaries, the new building and the ICT projects of video-conferencing and disaster recovery, for details see Annex C. Not withstanding Article 38(1) of the Financial Regulation, these amounts shall only be called up once the Management Board unanimously decides so.
101	Balance from the financial year t-2	4 019 682	8 444 418	8 247 514
	Total Chapter 10	50 470 998	60 382 610	60 205 000
11	Other revenue
110	Interest	978 081	1 100 000	1 200 000
111	Proceeds of taxation of Europol staff	1 722 655	1 840 000	1 945 000
112	Miscellaneous	505 881	100 000	200 000
	Total Chapter 11	3 206 617	3 040 000	3 345 000
12	Funding from third parties
120	Contribution from ECB for counterfeiting investigations	—	p. m.	p. m.	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations, provided the total revenue covers the total expenditure (see Article 320). The proposal from the Director shall be in accordance with an agreement between Europol and the European Central Bank.
121	Project funding from the European Commission and other involved parties	—	p. m.	p. m.	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Article 321). This Article may also include contributions from participants. Europol's own contribution to any projects will be financed out of other Articles.
122	Other Funding from third parties	—	—	p. m.
	Total Chapter 12	—	p. m.	p. m.
	TOTAL TITLE 1	53 677 614	63 422 610	63 550 000
2	PERSONNEL
20	Salary related costs				See Annex A. This Chapter also includes temporary staff recruited from agencies or consultancy firms in the case where staff occupy a vacant post, and trainees.
200	Europol staff	29 314 382	33 175 000	35 650 000
201	Local staff	658 942	600 000	620 000
202	Salary Adjustments	—	—	1 200 000	New Article. This amount shall only be used for financing of the back-payment. See Article 100 and Annex C.
	Total Chapter 20	29 973 324	33 775 000	37 470 000
21	Other personnel related costs
210	Recruitment	222 057	265 000	350 000
211	Training Europol staff	251 460	407 115	630 000	From 2006, this Article includes amounts for training from the former Article 603 (Other project team costs). See Article 100 and Annex C.
	Total Chapter 21	473 517	672 115	980 000
	TOTAL TITLE 2	30 446 841	34 447 115	38 450 000
3	OTHER EXPENDITURE
30	Activity related costs
300	Meetings	604 535	899 000	920 000	From 2006, this Article includes amounts from the former Article 601 (Project team meeting costs).
301	Translations	282 825	652 000	590 000
302	Printing	134 413	263 000	380 000
303	Travel	769 831	1 450 495	1 350 000	From 2006, this Article includes amounts for travel from the former Article 603 (Other project team costs). See Article 100 and Annex C.
304	Studies, consultancy (other than ICT)	151 138	192 000	240 000	Consultancy relating to ICT will be included under Article 622.
305	Training	38 477	125 000	65 000
306	Technical Equipment	47 813	70 000	70 000
307	Operational Subsidies	—	—	p. m.
	Total Chapter 30	2 029 032	3 651 495	3 615 000
31	General Support
310	Building costs	909 441	923 000	1 020 000
311	Vehicles	102 954	170 000	175 000
314	Documentation and open sources	417 671	350 000	425 000
315	Subsidies	611 655	693 000	720 000
316	Other acquisitions	143 013	290 000	200 000
317	Other running costs	335 049	448 000	410 000
318	New Building	—	—	500 000	New Article. This amount is intended to cover preparatory costs to be borne by Europol. See Article 100 and Annex C.
	Total Chapter 31	2 519 783	2 874 000	3 450 000
32	Expenditure financed by third parties
320	Expenditure on behalf of ECB for counterfeiting investigations	—	p. m.	p. m.	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Article 120). The proposal from the Director shall be in accordance with an agreement between Europol and the European Central Bank.
321	Project expenditure funded by the European Commission and other involved parties	—	p. m.	p. m.	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Article 121). Europol's own contribution to any projects will be financed out of other Articles. This Article is intended for expenditure in relation to projects funded from EU programmes.
322	Expenditure funded by other third parties	—	p. m.	p. m.
	Total Chapter 32	—	p. m.	p. m.
	TOTAL TITLE 3	4 548 815	6 525 495	7 065 000
4	BODIES AND ORGANS
40	Salary related costs				See Annex A This Chapter also includes temporary staff recruited from agencies or consultancy firms in the case where staff occupy a vacant post, and trainees.
400	Europol staff	742 079	775 000	825 000
401	Local staff	—	p. m.	p. m.
402	Salary Adjustment	—	—	30 000	New Article. This amount shall only be used for financing of the back-payment. See Article 100 and Annex C.
	Total Chapter 40	742 079	775 000	855 000
41	Other running costs
410	Management Board	1 322 720	1 623 000	1 800 000
411	Joint Supervisory Body	431 641	1 065 000	1 135 000
412	Appeals costs	85 000	85 000	p. m.
413	Financial Controller	3 715	10 000	10 000
414	Joint Audit Committee	34 769	32 000	50 000
415	Police Chiefs Task Force	—	—	175 000	New Article
	Total Chapter 41	1 877 845	2 815 000	3 170 000
	TOTAL TITLE 4	2 619 924	3 590 000	4 025 000
6	ICT (Including TECS)
62	ICT
620	Information Technology	2 265 339	2 475 000	2 900 000	Former Article 312. See Article 100 and Annex C.
621	Communication Technology	3 854 164	5 178 000	4 810 000	Former Article 313.
622	Consultancy	2 120 054	3 225 000	3 130 000	Former Article 602. See Article 100 and Annex C.
623	Analysis, Liaison, Index and Security Systems	1 956 991	2 887 000	3 050 000	Former Article 610.
624	Information System	—	5 095 000	120 000	Former Article 611.
	Total Chapter 62	10 196 548	18 860 000	14 010 000
	TOTAL TITLE 6	10 196 548	18 860 000	14 010 000
	TOTAL REVENUE, PART A	53 677 614	63 422 610	63 550 000
	TOTAL EXPENDITURE, PART A	47 812 128	63 422 610	63 550 000
	BALANCE	5 865 486	—	—

Host State

Title Chapter Article	Description	Outturn 2004	Budget 2005	Budget 2006	Commentary
7	REVENUE, HOST STATE
70	Contributions
700	Host State contribution, security	2 232 219	1 833 649	2 169 109	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Chapter 80). The proposal from the Director shall be in accordance with an agreement between Europol and the Dutch Ministry of Justice.
701	Host State contribution, buildings	115 219	p. m.	p. m.	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Article 810). The proposal from the Director shall be in accordance with an agreement between Europol and the Dutch Ministry of Justice.
702	Balance from the financial year t-2	15 896	512 351	247 891
	Total Chapter 70	2 363 115	2 346 000	2 417 000
71	Other revenue
711	Miscellaneous	—	p. m.	p. m.
	Total Chapter 71	—	p. m.	p. m.
	TOTAL TITLE 7	2 363 115	2 346 000	2 417 000
8	EXPENDITURE, HOST STATE
80	Security
800	Security Costs	2 141 151	2 346 000	2 417 000	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Article 700). The proposal from the Director shall be in accordance with an agreement between Europol and the Dutch Ministry of Justice.
	Total Chapter 80	2 141 151	2 346 000	2 417 000
81	Building costs
810	Building costs, Host State	125 709	p. m.	p. m.	Notwithstanding Article 35 of the Europol Convention and Article 16 of the Financial Regulation, the Management Board may, acting unanimously and on the basis of a proposal from the Director, amend the amount of appropriations provided the total revenue covers the total expenditure (see Article 701). The proposal from the Director shall be in accordance with an agreement between Europol and the Dutch Ministry of Justice.
	Total Chapter 81	125 709	p. m.	p. m.
	TOTAL TITLE 8	2 266 860	2 346 000	2 417 000
	TOTAL REVENUE, PART C	2 363 115	2 346 000	2 417 000
	TOTAL EXPENDITURE, PART C	2 266 860	2 346 000	2 417 000
	BALANCE, PART C	96 255	—	—
Note: Due to rounding off, the 2004 totals might differ from the sum of the individual amounts.

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(1)  Adopted by the Council on 13 June 2005.

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14.7.2005

EN

Official Journal of the European Union

C 174/11

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Euro exchange rates (1)

13 July 2005

(2005/C 174/02)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,2184
JPY	Japanese yen	135,67
DKK	Danish krone	7,4610
GBP	Pound sterling	0,68990
SEK	Swedish krona	9,3855
CHF	Swiss franc	1,5588
ISK	Iceland króna	78,94
NOK	Norwegian krone	7,8895
BGN	Bulgarian lev	1,9556
CYP	Cyprus pound	0,5736
CZK	Czech koruna	30,286
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	247,13
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6962
MTL	Maltese lira	0,4293
PLN	Polish zloty	4,1605
RON	Romanian leu	3,5669
SIT	Slovenian tolar	239,47
SKK	Slovak koruna	39,161
TRY	Turkish lira	1,6215
AUD	Australian dollar	1,6176
CAD	Canadian dollar	1,4668
HKD	Hong Kong dollar	9,4760
NZD	New Zealand dollar	1,7963
SGD	Singapore dollar	2,0561
KRW	South Korean won	1 264,09
ZAR	South African rand	7,9711
CNY	Chinese yuan renminbi	10,0841
HRK	Croatian kuna	7,3068
IDR	Indonesian rupiah	11 922,04
MYR	Malaysian ringgit	4,630
PHP	Philippine peso	68,413
RUB	Russian rouble	34,8250
THB	Thai baht	50,925

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(1)  

Source: reference exchange rate published by the ECB.

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14.7.2005

EN

Official Journal of the European Union

C 174/12

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Initiation of proceedings

(Case COMP/M.3696 — E.ON/MOL)

(2005/C 174/03)

(Text with EEA relevance)

On 7 July 2005, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference COMP/M.3696 — E.ON/MOL, to the following address:

Commission of the European Communities

Competition DG

Merger Registry

Rue Joseph II/Jozef II-straat 70

B-1049 Brussels

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14.7.2005

EN

Official Journal of the European Union

C 174/13

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment

(2005/C 174/04)

(Text with EEA relevance)

Aid Number	XE 18/04
Member State	United Kingdom
Region	Cornwall and the Isles of Scilly Objective 1 Area
Title of aid scheme	Objective 1 Programme for Cornwall and the Isles of Scilly 2000-2006
Legal basis	— Learning and Skills Act 2000 — Employment Act 1973, Section 2(1) and 2(2) substantiated by Section 25 of the Employment and Training Act 1998 — Section 5 & 6, Regional Development Agencies Act 1998 — Section 2 of the Employment and Training Act 1993 — Further and Higher Education Act 1992
Annual expenditure planned under the scheme	Annual overall amount	GBP 5,09 million
	Loans guaranteed
Maximum aid intensity	In conformity with Article 4(2)-(5), Article 5 and 6 of the Regulation		Yes
Date of implementation	From 1.10.2004
Duration of scheme	Until 30.6.2007
Objective of aid	Article 4 Creation of employment		Yes
	Article 5 Recruitment of disadvantaged and disabled workers		Yes
	Article 6 Employment of disabled workers		Yes
Economic sectors concerned	— All Community sectors (1) eligible for employment aid		Yes
	— All manufacturing (1)
	— All services (1)
	— Other
Name and address of the granting authority	Name: Department for Work and Pensions
	Address: ESF Division Moorfoot Sheffield S1 4PQ 0114 267 7306
Other information	If the scheme is co-financed by Community funds, please add the following sentence: The aid scheme is co-financed under (reference) Not applicable
Aid subject to prior notification to the Commission	The measure excludes awards of aid or requires prior notification to the Commission of awards of aid in conformity with Article 9 of the Regulation.		Yes

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(1)  With the exception of the shipbuilding sector, and other sectors which are the subjects of special rules in regulations and directives governing all State aid within the sector.

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14.7.2005

EN

Official Journal of the European Union

C 174/15

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of synthetic staple fibres of polyester originating in Australia, Indonesia and Thailand

(2005/C 174/05)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of synthetic staple fibres of polyester originating in Australia, Indonesia and Thailand (‘the countries concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (2).

1.   Request for review

The request was lodged on 14 April 2005 by CIRFS (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 50 % of the total Community production of synthetic staple fibres of polyester.

2.   Product

The product under review is synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning originating in Australia, Indonesia and Thailand (‘the product concerned’), currently classifiable within CN code 5503 20 00. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1522/2000 (3).

4.   Grounds for the review

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

It is alleged that Indonesian exports to other third countries, i.e. the People's Republic of China, Iran, Egypt and Australia, are made at dumped prices. It is further alleged that Thai exports to other third countries, i.e. the People's Republic of China, Indonesia, Hong Kong, the United States of America, Vietnam, India, Egypt, Bangladesh, Iran, Nepal and the Philippines, are made at dumped prices. In such circumstances, it is alleged that there is a strong likelihood of recurrence of dumping from Indonesia and Thailand to the EU.

As far as Australia is concerned, the applicants allege that the sole producer of the product concerned with capacity to export is owned by an Indonesian producer of the product concerned and this latter producer is currently subject to a higher anti-dumping duty for Indonesia than for Australia. Given this corporate link, the cost structure for Australian products and the likely export prices to other third markets, it is alleged that there is a strong likelihood of recurrence of dumping from Australia as well.

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

It is also alleged that the flow of imports of the product concerned is likely to rise due to the measures in force on imports of the same products originating in the countries concerned in traditional markets other than the EU (i.e. Turkey and India). All this can lead to a redirection of exports of the product concerned from other third countries to the Community.

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

5.   Procedure

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

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

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

(a)   Sampling

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

(i)   Sampling for exporters/producers in Indonesia and Thailand

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

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

—	the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2004 to 30 June 2005,

—	the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2004 to 30 June 2005,

—	the turnover in local currency and the volume in tonnes of the product concerned sold to other third countries during the period 1 July 2004 to 30 June 2005,

—	the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 July 2004 to 30 June 2005,

—	the names and the precise activities of all related companies (4) involved in the production and/or selling (export and/or domestic) of the product concerned,

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

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(ii)   Sampling for importers

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

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

—	the total turnover in EUR of the company during the period 1 July 2004 to 30 June 2005,

—	the total number of employees,

—	the precise activities of the company with regard to the product concerned,

—	the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period 1 July 2004 to 30 June 2005 of the imported product concerned originating in Australia, Indonesia and Thailand,

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

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

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(iii)   Sampling for Community producers

In view of the large number of Community producers supporting the request, the Commission intends to investigate injury to the Community industry by applying sampling.

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

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

—	the total turnover in EUR of the company during the period 1 July 2004 to 30 June 2005,

—	the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned during the period 1 July 2004 to 30 June 2005,

—	the value in EUR of sales of the product concerned made in the Community market during the period 1 July 2004 to 30 June 2005,

—	the volume in tonnes of sales of the product concerned made in the Community market during the period 1 July 2004 to 30 June 2005,

—	the volume in tonnes of the production of the product concerned during the period 1 July 2004 to 30 June 2005,

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

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

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

(iv)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in point 6(b)(ii).

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

Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in Indonesia and Thailand, to the exporters/producers in Australia, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which co-operated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting countries concerned.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii) of this notice.

5.2.   Procedure for the assessment of Community interest

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

6   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should, unless sampling provisions apply for them, request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

(i)

The information specified in point 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(ii)	All other information relevant for the selection of the sample as referred to in point 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii)

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (5) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (32-2) 295 65 05

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

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(1)  OJ C 261, 23.10.2004, p. 2.

(2)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3)  OJ L 175, 14.7.2000, p. 10.

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

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

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14.7.2005

EN

Official Journal of the European Union

C 174/20

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Prior notification of a concentration

(Case COMP/M.3878 — PAI Partners/Permira/Cortefiel)

Candidate case for simplified procedure

(2005/C 174/06)

(Text with EEA relevance)

1.

On 5 July 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings PAI Partners S.A.S. (‘PAI’, France) and Permira (Europe) Limited (‘Permira’, Channel Islands) controlled by Permira Holdings Limited, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Cortefiel S.A. (‘Cortefiel’, Spain) by way of public bid announced on 20 June 2005.

2.	The business activities of the undertakings concerned are: — for PAI: private equity fund, — for Permira: private equity fund, — for Cortefiel: manufacture and retail distribution of clothing and related merchandise, retail distribution of cosmetics.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3878 — PAI Partners/Permira/Cortefiel, to the following address: European Commission Directorate-General for Competition, Merger Registry J-70 B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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14.7.2005

EN

Official Journal of the European Union

C 174/21

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Publication of decisions by Member States to grant or revoke operating licences pursuant to Article 13(4) of Regulation (EEC) No 2407/92 on licensing of air carriers (1)

(2005/C 174/07)

NORWAY

Operating licenses granted

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Name of air carrier	Address of air carrier	Decision effective since
Airwing AS	Postboks 47 NO-2034 Holter	9.11.2004

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(1)  OJ L 240, 24.8.1992, p. 1.

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14.7.2005

EN

Official Journal of the European Union

C 174/22

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Communication from the EFTA Surveillance Authority under Article 4.1(a) of the Act referred to in point 64a in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes)

(2005/C 174/08)

Imposition of public service obligations on scheduled air service on the following routes:

1.	Gjögur-Reykjavík v.v.

2.	Bíldudalur-Reykjavík v.v.

3.	Sauðárkrókur-Reykjavík v.v.

4.	Grímsey-Akureyri v.v.

5.	Vopnafjörður-Þórshöfn-Akureyri v.v.

6.	Höfn-Reykjavík v.v.

1.   INTRODUCTION

Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31992R2408:EN:HTML ), Iceland has decided to continue imposing public service obligations in respect of scheduled air services as of 1 January 2006 on the following routes:

1.	Gjögur-Reykjavík v.v.

2.	Bíldudalur-Reykjavík v.v.

3.	Sauðárkrókur-Reykjavík v.v.

4.	Grímsey-Akureyri v.v.

5.	Vopnafjörður-Þórshöfn-Akureyri v.v.

6.	Höfn-Reykjavík v.v.

2.   THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE FOLLOWING

2.1.   Minimum frequencies, seating capacity, routing and timetables

The requirements apply throughout the operating period from 1 January 2006 to 31 December 2008 (3 years).

Minimum frequency

—	Reykjavík-Gjögur-Reykjavík: 2 roundtrips every week

—	Reykjavík-Bíldudalur-Reykjavík: 6 roundtrips every week

—	Reykjavík-Sauðárkrókur-Reykjavík: 5 roundtrips every week

—	Akureyri-Grímsey-Akureyri: 3 roundtrips every week

—	Akureyri-Vopnafjörður-Þórshöfn-Akureyri: 5 roundtrips every week

—	Reykjavík-Höfn-Reykjavík: 7 roundtrips every week

Routing

—	The required services shall be non-stop.

Timetable

—	Reykjavík-Gjögur-Reykjavík: Departure from Reykjavík at 09:00 or later. Arrival to Reykjavík no later than 17:00.

—	Reykjavík-Bíldudalur-Reykjavík: Departure from Reykjavík kl. 09:00 or later. Arrival to Reykjavík no later than 19:00.

—	Reykjavík-Sauðárkrókur-Reykjavík: Departure from Reykjavík 08:00 or later. Arrival to Reykjavík no later than 19:00.

—	Akureyri-Grímsey-Akureyri: Departure from Akureyri 09:00 or later. Arrival to Akureyri no later than 17:00.

—	Akureyri-Vopnafjörður-Þórshöfn-Akureyri: Departure from Akureyri 09:00 or later. Arrival to Akureyri no later than 17:00.

—	Reykjavík-Höfn-Reykjavík: Departure from Reykjavík 08:00 or later. Arrival to Reykjavík no later than 18:00.

Seating capacity

—	Reykjavík-Gjögur-Reykjavík: In both directions at least 9 seats shall be offered for each trip.

—	Reykjavík-Bíldudalur-Reykjavík: In both directions at least 9 seats shall be offered for each trip.

—	Reykjavík-Sauðárkrókur-Reykjavík: In both directions at least 15 seats shall be offered for each trip.

—	Akureyri-Grímsey-Akureyri: In both directions at least 9 seats shall be offered for each trip during the period 1 September to 30 April. In both directions at least 15 seats shall be offered for each trip during the period of 1 May to 31 August.

—	Akureyri-Vopnafjörður-Þórshöfn-Akureyri: In both directions at least 9 seats shall be offered for each trip during the period 1 September to 30 April. In both directions at least 15 seats shall be offered for each trip during the period of 1 May to 31 August.

—	Reykjavík-Höfn-Reykjavík: In both directions at least 15 seats shall be offered for each trip.

2.2.   Aircraft category

—

Reykjavík-Gjögur-Reykjavík: Multi engine turboprop aircraft registered for minimum 9 passengers and 600 kg freight shall be used for the required flights during the period of 1 November till 31 May. Multi engine turboprop aircraft registered for minimum 9 passengers and 200 kg freight shall be used for the required flights during the period of 1 June till 31 October.

—	Reykjavík-Bíldudalur-Reykjavík: Multi engine turboprop aircraft registered for minimum 9 passengers shall be used for the required flights.

—	Reykjavík-Sauðárkrókur-Reykjavík: Multi engine turboprop aircraft registered for minimum 15 passengers shall be used for the required flights.

—

Akureyri-Grímsey-Akureyri: Multi engine turboprop aircraft registered for minimum 9 passengers shall be used for the required flights during the period of 1 September to 30 April. Multi engine turboprop aircraft registered for minimum 15 passengers shall be used for the required flights during the period 1 May to 31 August.

—

Akureyri-Vopnafjörður-Þórshöfn-Akureyri: Multi engine turboprop aircraft registered for minimum 9 passengers shall be used for the required flights during the period of 1 September to 30 April. Multi engine turboprop aircraft registered for minimum 15 passengers shall be used for the required flights during the period 1 May to 31 August.

—	Reykjavík-Höfn-Reykjavík: Multi engine turboprop aircraft registered for minimum 15 passengers shall be used for the required flights.

—	Carriers attention is especially drawn to technical and operative conditions applying at the airports.

2.3.   Fares

—

Maximum basic one-way fare (fully flexible) excluding airport tax and insurance premium may not exceed following prices (price index January 2005): 1. Reykjavík — Gjögur ISK 7 730 (+ ISK 630) 2. Reykjavík — Bíldudalur ISK 8 920 (+ ISK 630) 3. Reykjavík — Sauðárkrókur ISK 8 920 (+ ISK 630) 4. Akureyri — Grímsey ISK 7 675 (+ ISK 630) 5. Akureyri — Vopnafjörður ISK 9 675 (+ ISK 630) 6. Akureyri — Þórshöfn ISK 9 675 (+ ISK 630) 7. Reykjavík — Höfn ISK 11 075 (+ ISK 630)

—	Social discounts conforming to the usual practice shall be offered.

—	Changes can be made in ticket prices according to changes in the consumer price index but no more frequently than every 6 months.

2.4.   Freight rates

Reykjavík-Gjögur-Reykjavík: The service fee per freight shall not exceed ISK 640 excl. VAT and price charged per kg shall not exceed ISK 18 excl. VAT during the period 1 November to 31 May (price level January 2005).

2.5.   Service continuity

The number of flight cancelled for reasons directly attributable to the carrier must not exceed 4 % of the intended number of flights on an annual basis.

2.6.   Cooperation arrangements

Following a tender procedure, which limits access to the following routes:

1.	Gjögur-Reykjavík v.v.

2.	Bíldudalur-Reykjavík v.v.

3.	Sauðárkrókur-Reykjavík v.v.

4.	Grímsey-Akureyri v.v.

5.	Vopnafjörður-Þórshöfn-Akureyri v.v.

6.	Höfn-Reykjavík v.v.

to one carrier these conditions apply:

Fares

—	All connecting fares to/from other air services shall be offered on equal terms for all carriers. Exempted from this are connecting fares to/from other services carried out by the tenderer, provided that the fare is maximum 40 % of the fully flexible fare.

Transfer conditions

—	All conditions set out by the carrier for the transfer of passenger to and from other carriers routes, including connecting times and through check-in of tickets and baggage, shall be objective and non-discriminatory.

3.   FURTHER INFORMATION MAY BE OBTAINED FROM:

Ríkiskaup (the State Trading Centre)

Borgartún 7,

P.O. Box 5100,

IS-125 Reykjavík

Iceland

Tel. (354) 530 1400

Fax (354) 530 1414

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14.7.2005

EN

Official Journal of the European Union

C 174/26

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IS-Reykjavik: operation of scheduled air services

Invitation to tender published by Iceland pursuant to Article 4(1)(d) of the Act referred to in point 64a in Annex XIII of the EEA agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) for operation of scheduled air services on the 6 following routes:

1. Gjögur-Reykjavík v.v. — 2. Bíldudalur-Reykjavík v.v. — 3. Sauðárkrókur-Reykjavík v.v. — 4. Grímsey-Akureyri v.v. — 5. Vopnafjörður-Þórshöfn-Akureyri v.v. — 6. Höfn-Reykjavík v.v.

(2005/C 174/09)

(Text with EEA relevance)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31992R2408:EN:HTML) Iceland has decided to impose public service obligations on regional air services on the following routes as of 1 January 2006, as published on 14 July 2005 in Official Journal of the European Union C 174, and the EEA Supplement No 35 of 14 July 2005.

If no air carrier has informed the Ministry of Communications in Iceland that it has commenced, or is about to commence, scheduled air services 4 weeks before the intended coming into force of the contract on the said routes, effective as of 1 January 2006, in conformity with the public service obligation imposed on the routes mentioned above, without requesting financial compensation or market protection, Iceland has decided, under the procedure provided for by Article 4(1)(d) of the same Regulation, to limit access to only one air carrier on each route and following an invitation to tender, to grant the right to operate the routes for 3 years with effect from 1 January 2006.

2.   Objective of the invitation to tender: The objective of the tender is to provide, with effect from 1 January 2006, scheduled air services on the following routes:

in accordance with the imposed public service obligations, as published in the Official Journal of the European Union C 174.

3.   Eligibility to tender: All air carriers holding a valid operating licence pursuant to Council Regulation (EEC) No 2407/92 of 23 July 1992 on the licensing of air carriers are eligible to tender (http://europa.eu.int/eur-lex/en/lif/dat/en_392R2407.html).

4.   Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d)-(i) of Council Regulation (EEC) No 2408/92.

The State Trading Centre, acting on behalf of the Public Roads Administration, reserves the right to reject all tenders. Overdue tenders and tenders not in conformity with this invitation to tender will be rejected.

The State Trading Centre, acting on behalf of the Public Roads Administration, reserves the right to apply subsequent negotiations if all tenders submitted are incorrect, or, if after the final date for receipt of tenders, there proves to be only 1 tenderer or no tender. Such negotiations shall be in accordance with the public service obligations imposed and without making substantial changes in the original tender conditions.

The tenders can tender for all routes, or just routes No 1 and 2, or only route No 3, or routes No 4 and 5, or only route No 6.

The tenders shall be made in Icelandic or English.

The tender is binding on the tenderer until the award is made. However, the tender will remain valid until no later than 12 weeks from the opening of tenders.

5.   Award: The award will be made to the tender requiring the lowest amount of compensation for the period 1 January 2006 to 31 December 2008.

6.   Tender file: The full file for the invitation to tender, containing the imposition of public service obligations, the specific rules to the invitation to tender (Icelandic Act No 65/1993 on the implementation of invitation to tender in connection with public service obligations to implement Council Regulation (EEC) No 2408/92, Article 4), may be obtained from:

Ríkiskaup (The State Trading Centre), Borgartúni 7, IS-105 Reykjavik, Iceland. Tel. (354) 530 14 00, fax (354) 530 14 14. E-mail: utbod@rikiskaup.is.

The price of the file is ISK 3 500.

7.   Financial compensation: The tenders shall specify the compensation in Icelandic crones (ISK) required for one round trip of each routes No 1, 2, 3, 4, 5, and 6, in conformity with compensation required for operation of the service in question for 3 years from the scheduled starting date, 1 January 2006. The tenders shall be based on the price level on the opening day of the tenders. Also required is an operating budget for a 12-month period. This information shall be set out in a format included in the tender file, along with the information required in the tender file.

Price adjustment

All amounts of compensation will be based on the price level on opening day of tenders.

The amount of compensation required for each round trip on opening day of tenders will be adjusted on 1 January 2006 and the adjusted amount of compensation will be valid for the period 1 January 2006 to 31 December 2006. The amount of compensation for the periods 1 January 2007 to 31 December 2007 and 1 January 2008 to 31 December 2008 will be adjusted at the beginning of the period. The adjustment will be in accordance with the following index:

1 % change in fuel price, JET A-1, change in the amount of compensation of 0,2 %.

1 % change in consumer price index, change in the amount of compensation of 0,8 %.

The operator can ask for revision of ticket prices and freight rates according to changes in the above index, but no more frequently than every 6 months.

The operator shall retain all revenue generated by the service and is fully responsible for the expenses, however, re-negotiation in accordance with the standard contract may apply in case of substantial and unforeseeable changes in the assumptions underlying it.

8.   Fares and freight rates: The tenders submitted shall specify the fares and freight rates and the conditions thereto. The fares shall be in accordance with the public service obligations published in the Official Journal of the European Union C 174 of 14.7.2005.

9.   Duration, amendment and termination of the contract: The contract shall start on 1 January 2006 and end on 31 December 2008.

A review of implementation of the contract shall be carried out in concert with the carrier during the 6 weeks following the end of the contract period.

The contract may not be modified unless the changes are in accordance with the public service obligations. Any modification of the contract shall be recorded in an annex thereto.

The carrier may terminate the contract only after a 6-month period of notice.

10.   Breach of contract/cancellation: In the event of substantial breach of the contract by one party, it may be cancelled with immediate effect by the other party.

The air carrier shall carry out all the obligations of the contract according to the public service obligations published in the Official Journal of the European Union C 174 of 14.7.2005 and the tender file. In the event of non-performance of such obligations, the Public Roads Administration may discontinue payments corresponding to the non-performance.

The Public Roads Administration may cancel the contract with immediate effect, in the event of substantial breach of the contract or in the event of the insolvency or bankruptcy of the carrier.

The Public Roads Administration may cancel the contract with immediate effect if the operator has his licence revoked or it is not renewed.

Independent of any action for damages, any discontinuation of contracted services which can be attributed directly to the operator shall lead to a reduction in the amount of financial compensation in accordance with the number of flights cancelled if the number of cancelled flights exceeds 4 % of planned numbers of flights.

11.   Airline codes: The flights cannot carry any airline codes other than the tenderer's own and cannot be part of any code-sharing agreement.

12.   Submission of tenders: Tenders must be sent by registered post with acknowledgement of receipt, in which case the postmark will be accepted as proof of submission, or delivered by hand to the State Trading Centre, not later than 16 August 2005 (11.00), where they will be opened in the presence of those tenderers requesting to be present 16 August 2005 (11.00). Tenders submitted later than 16 August 2005 (11.00) will not be opened.

The tenders submitted must be contained in a sealed envelope addressed as follows: Ríkiskaup (The State Trading Centre), Borgartúni 7, IS-105 Reykjavik, Iceland. Tel. (354) 530 14 00, fax (354) 530 14 14.

The envelopes containing the tenders shall be identified as follows:

Ríkiskaup (The State Trading Centre), Tenders No 13783, Áætlunarflug 2006-2008.

(The envelopes shall bear the tenderer's name).

13.   Validity of the invitation to tender: This invitation to tender shall be valid only to the extent that no EEA carrier (EEA carrier means a Community air carrier or an air carrier with a valid operating license granted by an EFTA State, party to the EEA Agreement, in accordance with the Act referred to in point 66b in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2407/92 on licensing of air carriers)) informs the Ministry of Communications, 4 weeks or more before the intended coming into force of the contract, that it will commence scheduled flights according to the public service obligations on any of the air routes without requiring any financial support or market protection.

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