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Document C:2012:305:FULL
Official Journal of the European Union, C 305, 10 October 2012
Official Journal of the European Union, C 305, 10 October 2012
Official Journal of the European Union, C 305, 10 October 2012
ISSN 1977-091X doi:10.3000/1977091X.C_2012.305.eng |
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Official Journal of the European Union |
C 305 |
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English edition |
Information and Notices |
Volume 55 |
Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2012/C 305/01 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections ( 1 ) |
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2012/C 305/02 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections ( 1 ) |
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2012/C 305/03 |
Non-opposition to a notified concentration (Case COMP/M.6668 — Mondi/Nordenia) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2012/C 305/04 |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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European Commission |
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2012/C 305/05 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2012/C 305/06 |
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(1) Text with EEA relevance |
EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
10.10.2012 |
EN |
Official Journal of the European Union |
C 305/1 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2012/C 305/01
Date of adoption of the decision |
4.9.2012 |
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Reference number of State Aid |
SA.33997 (11/N) |
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Member State |
Czech Republic |
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Region |
Strední Morava |
— |
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Title (and/or name of the beneficiary) |
Program podpory kultury ve Zlínském kraji |
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Legal basis |
Program podpory kultury ve Zlínském kraji zákon č. 129/2000 Sb., o krajích, v platném znění: §1-2, §14, §35-37 a §59 zákon č. 250/2000 Sb., o rozpočtových pravidlech územních rozpočtů,v platném znění: §10, §22, §27-28, §30 a §34 zákon č. 320/2001 Sb., o finanční kontrole ve veřejné správě a o změně některých zákonů, v platném znění: §1-23 zákon č. 563/1991 Sb., o účetnictví, v platném znění. |
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Type of measure |
Scheme |
— |
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Objective |
Culture, Heritage conservation |
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Form of aid |
Other, Direct grant |
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Budget |
Overall budget: CZK 1 122 million |
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Intensity |
100 % |
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Duration (period) |
5 years from date of adoption |
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Economic sectors |
Arts, entertainment and recreation |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
25.7.2012 |
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Reference number of State Aid |
SA.34586 (12/N) |
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Member State |
Greece |
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Region |
Κρήτη |
Article 107(3)(a) |
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Title (and/or name of the beneficiary) |
Επέκταση Αερολιμένα Χανίων |
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Legal basis |
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Type of measure |
Individual aid |
Hellenic Civil Aviation Authority, Υπηρεσία Πολιτικής Αεροπορίας (ΥΠΑ) |
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Objective |
Regional development |
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Form of aid |
Direct grant |
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Budget |
Overall budget: EUR 77,70 million |
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Intensity |
75 % |
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Duration (period) |
Until 31.12.2015 |
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Economic sectors |
Air transport |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
11.7.2012 |
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Reference number of State Aid |
SA.34645 (12/NN) |
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Member State |
United Kingdom |
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Region |
Comhairle Nan Eilan (Western Isles) |
— |
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Title (and/or name of the beneficiary) |
HTT (Manufacturing) Ltd rescue loan February 2012 |
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Legal basis |
Enterprise and New Towns (Scotland) Act 1990, as amended 1 April 2001 by Scottish Statutory Instrument 2001 No 126 |
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Type of measure |
Individual aid |
HTT (Manufacturing) Ltd |
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Objective |
Rescuing firms in difficulty |
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Form of aid |
Soft loan |
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Budget |
Overall budget: GBP 0,28 million |
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Intensity |
93,22 % |
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Duration (period) |
22.2.2012-21.8.2012 |
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Economic sectors |
Preparation and spinning of textile fibres, Finishing of textiles |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
30.8.2012 |
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Reference number of State Aid |
SA.34809 (12/N) |
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Member State |
Germany |
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Region |
Dingolfing-Landau |
Non-assisted areas |
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Title (and/or name of the beneficiary) |
NGA Breitbandnetz für den Vilstalbereich des Marktes Reisbach/Bayern |
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Legal basis |
Kommunale Haushaltsverordnung Bayern |
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Type of measure |
Ad hoc aid |
Telekom Deutschland GmbH |
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Objective |
Regional development |
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Form of aid |
Direct grant |
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Budget |
Overall budget: EUR 0,14 million |
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Intensity |
100 % |
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Duration (period) |
31.8.2012-31.7.2013 |
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Economic sectors |
Wired telecommunications activities |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
10.10.2012 |
EN |
Official Journal of the European Union |
C 305/5 |
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2012/C 305/02
Date of adoption of the decision |
25.7.2012 |
Reference number of State Aid |
SA.25611 (12/NN) |
Member State |
Germany |
Region |
Nordrhein-Westfalen |
Title (and/or name of the beneficiary) |
Angebliche Beihilfe in Form der Bereitstellung von Personal durch die Landwirtschaftskammer Nordrhein-Westfalen für die Landwirtschaftliche Unternehmensberatung Nordrhein-Westfalen (LUB) GmbH zu günstigen Bedingungen |
Legal basis |
— |
Type of measure |
Individual aid |
Objective |
— |
Form of aid |
— |
Budget |
— |
Intensity |
Measure does not constitute aid |
Duration (period) |
— |
Economic sectors |
— |
Name and address of the granting authority |
— |
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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
8.5.2012 |
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Reference number of State Aid |
SA.32063 (11/NN) |
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Member State |
Poland |
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Region |
Kujawsko-Pomorskie |
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Title (and/or name of the beneficiary) |
LIP-Mondi Świecie |
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Legal basis |
Ustawa z dnia 20 października 1994 r. o specjalnych strefach ekonomicznych (Dz.U. z 2007 r. nr 42, poz. 274); art. 7 ust. 3 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (Dz.U. z 2006 r. nr 121, poz. 844 ze zm.); rozporządzenie Ministra Pracy i Polityki Społecznej z dnia 21 listopada 2005 r. w sprawie szczegółowych warunków i trybu dokonywania refundacji ze środków Funduszu Pracy (…) (Dz.U. nr 236, poz. 2002) |
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Type of measure |
Individual aid |
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Objective |
Regional development, Employment |
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Form of aid |
Tax allowance, Direct grant |
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Budget |
Overall budget: PLN 301,14 million |
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Intensity |
22,66 % |
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Duration (period) |
20.12.2007-31.12.2020 |
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Economic sectors |
Manufacturing industry |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
11.7.2012 |
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Reference number of State Aid |
SA.33845 (11/N) |
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Member State |
France |
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Region |
Rhône-Alpes |
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Title (and/or name of the beneficiary) |
Prolongation du régime d'aide au service expérimental d'autoroute ferroviaire alpine |
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Legal basis |
Convention du 28 juillet 2003 relative au financement d'un service expérimental d'autoroute ferroviaire alpine entre Bourgneuf-Aiton, en France et Orbassano, en Italie |
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Type of measure |
Aid scheme |
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Objective |
Sectoral development, Environmental protection |
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Form of aid |
Direct grant |
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Budget |
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Intensity |
100 % |
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Duration (period) |
Until 30.6.2013 |
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Economic sectors |
Railways |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
5.6.2012 |
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Reference number of State Aid |
SA.34050 (12/N) |
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Member State |
Romania |
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Region |
Județul Cluj, Regiunea de dezvoltare Nord-Vest |
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Title (and/or name of the beneficiary) |
Regia autonomă Aeroportul Cluj-Napoca – Noi destinații |
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Legal basis |
Ordinul Ministrului Transporturilor și Infrastructurii nr. 744/23 septembrie 2011; Proiect de Hotărâre a Consiliului Județean Cluj privind ajutorul financiar la inființare pentru deschiderea de noi rute și/sau frecvențe de operare la Regia Autonoma Aeroportul Cluj-Napoca (Monitorul Oficial al Romaniei nr. 708/7 octombrie 2011) |
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Type of measure |
Aid scheme |
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Objective |
Sectoral development, Regional development |
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Form of aid |
Direct grant |
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Budget |
Overall budget: RON 22,9 million |
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Intensity |
40 % |
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Duration (period) |
1.6.2012-31.12.2016 |
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Economic sectors |
Air transport |
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Name and address of the granting authority |
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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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
11.7.2012 |
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Reference number of State Aid |
SA.34146 (11/N) |
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Member State |
Italy |
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Region |
Piemonte |
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Title (and/or name of the beneficiary) |
Proroga del regime di aiuto al servizio sperimentale di autostrada ferroviaria alpina |
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Legal basis |
Articolo 38, c. 7 Legge 1.8.2002, n. 166; Decreto Presidente della Repubblica n. 340 del 22.12.2004; articolo 1, c. 1121 della L. 27.12.2006, n. 296, Legge Finanziaria per il 2007 recante l'istituzione del «Fondo per la mobilità sostenibile»; articolo 27 c. 1-novies del Decreto legge n. 207 del 30.12.2008 convertito con L. n. 14 del 27.2.2009; L. 24.12.2007, n. 244 (Finanziaria anno 2008); decisione della Commissione europea n. 11/2008 del 10.9.2008; articolo 32, comma 9 D.L. 6.7.2011, n. 98.e |
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Type of measure |
Aid scheme |
||||
Objective |
Sectoral development, Environmental protection |
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Form of aid |
Direct grant |
||||
Budget |
|
||||
Intensity |
100 % |
||||
Duration (period) |
Until 30.6.2013 |
||||
Economic sectors |
Railways |
||||
Name and address of the granting authority |
|
||||
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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
4.4.2012 |
Reference number of State Aid |
SA.34547 (12/N) |
Member State |
France |
Region |
— |
Title (and/or name of the beneficiary) |
Reprise des actifs du groupe Sernam dans le cadre de son redressement judiciaire |
Legal basis |
Code de commerce |
Type of measure |
Individual aid |
Objective |
The objective of this sui generis decision is to conclude that there is no economic continuity between the companies of the Sernam group and the potential bidders, so that these latters could not be asked to reimburse the illegal aid granted to the Sernam group |
Form of aid |
— |
Budget |
— |
Intensity |
— |
Duration (period) |
— |
Economic sectors |
Transport |
Name and address of the granting authority |
— |
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/competition/elojade/isef/index.cfm
Date of adoption of the decision |
4.7.2012 |
||||||
Reference number of State Aid |
SA.34845 (12/N) |
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Member State |
Germany |
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Region |
Thüringen |
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Title (and/or name of the beneficiary) |
Breitbandinfrastrukturausbau Thüringen (Änderung) |
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Legal basis |
|
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Type of measure |
Aid scheme |
||||||
Objective |
Regional development, Employment |
||||||
Form of aid |
Direct grant |
||||||
Budget |
|
||||||
Intensity |
90 % |
||||||
Duration (period) |
Until 31.12.2015 |
||||||
Economic sectors |
Post and telecommunications |
||||||
Name and address of the granting authority |
|
||||||
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/competition/elojade/isef/index.cfm
10.10.2012 |
EN |
Official Journal of the European Union |
C 305/12 |
Non-opposition to a notified concentration
(Case COMP/M.6668 — Mondi/Nordenia)
(Text with EEA relevance)
2012/C 305/03
On 29 August 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
— |
in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
— |
in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6668. EUR-Lex is the on-line access to the European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
10.10.2012 |
EN |
Official Journal of the European Union |
C 305/13 |
Euro exchange rates (1)
9 October 2012
2012/C 305/04
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,2953 |
JPY |
Japanese yen |
101,35 |
DKK |
Danish krone |
7,4575 |
GBP |
Pound sterling |
0,80790 |
SEK |
Swedish krona |
8,6117 |
CHF |
Swiss franc |
1,2111 |
ISK |
Iceland króna |
|
NOK |
Norwegian krone |
7,4050 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
24,936 |
HUF |
Hungarian forint |
283,40 |
LTL |
Lithuanian litas |
3,4528 |
LVL |
Latvian lats |
0,6963 |
PLN |
Polish zloty |
4,0777 |
RON |
Romanian leu |
4,5675 |
TRY |
Turkish lira |
2,3490 |
AUD |
Australian dollar |
1,2663 |
CAD |
Canadian dollar |
1,2632 |
HKD |
Hong Kong dollar |
10,0422 |
NZD |
New Zealand dollar |
1,5770 |
SGD |
Singapore dollar |
1,5913 |
KRW |
South Korean won |
1 439,28 |
ZAR |
South African rand |
11,3321 |
CNY |
Chinese yuan renminbi |
8,1465 |
HRK |
Croatian kuna |
7,4865 |
IDR |
Indonesian rupiah |
12 445,44 |
MYR |
Malaysian ringgit |
3,9805 |
PHP |
Philippine peso |
53,646 |
RUB |
Russian rouble |
40,2740 |
THB |
Thai baht |
39,701 |
BRL |
Brazilian real |
2,6289 |
MXN |
Mexican peso |
16,5661 |
INR |
Indian rupee |
68,2779 |
(1) Source: reference exchange rate published by the ECB.
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
10.10.2012 |
EN |
Official Journal of the European Union |
C 305/14 |
Call for proposals under the 2013 ‘Ideas’ work programme of the seventh EC framework programme for research, technological development and demonstration activities
2012/C 305/05
Notice is hereby given of the launch of a call for proposals under the 2013 ‘Ideas’ work programme of the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013).
Proposals are invited for the following call. The call deadline and budget are given in the call text, which is published on the Participant Portal website.
‘Ideas’ work programme
Call title |
ERC Synergy Grant |
Call identifier |
ERC-2013-SyG |
This call for proposals relates to the work programme adopted by Commission Decision C(2011) 4562 of 9 July 2012.
Information on the modalities of the call, the work programme, and guidance for applicants on how to submit proposals is available through the relevant European Commission website:
http://ec.europa.eu/research/participants/portal/page/ideas
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
10.10.2012 |
EN |
Official Journal of the European Union |
C 305/15 |
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of peroxosulphates (persulphates) originating in the People's Republic of China
2012/C 305/06
Following the publication of a notice of impeding expiry (1) of the anti-dumping measures in force on the imports of peroxosulphates originating in the People's Republic of China, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).
1. Request for review
The request was lodged on 29 June 2012 by RheinPerChemie GmbH & Co. KG and United Initiators GmbH & Co. KG (‘the applicants’) on behalf of producers representing 100 % of the total Union production of peroxosulphates.
2. Product under review
The product subject to this review is peroxosulphates (persulphates), including potassium peroxymonosulphate (‘the product under review’), currently falling within CN codes 2833 40 00 and ex 2842 90 80 (TARIC code 2842908020).
3. Existing measures
The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1184/2007 (3).
4. Grounds for the review
The request is based on the grounds that the expiry of the measures would be likely to result in recurrence of dumping and injury to the Union industry.
4.1. Allegation of likelihood of recurrence of dumping
Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China (‘PRC’) is considered to be a non-market economy country, the applicants established normal value for the exporting producers from the PRC which were not granted market economy treatment during the investigation leading to the measures in force on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in a market economy third country, namely Turkey. For those companies which were granted market economy treatment during the investigation leading to the measures in force, normal value has been established on the basis of domestic price in the PRC. The allegation of likelihood of recurrence of dumping is based on a comparison of the normal value, as set out in preceding sentences, with the export price (at ex-works level) of the product under review when sold for export to other countries, in view of the current absence of significant import volumes from the PRC to the Union.
On the basis of the above comparison, which shows dumping, the applicants allege that there is a likelihood of recurrence of dumping from the country concerned.
4.2. Allegation of likelihood of recurrence of injury
The applicants allege the likelihood of recurrence of injury. In this respect the applicants have provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of significant unused capacity in the PRC.
The applicants finally allege that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union 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.
Exporting producers (4) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.
5.1. Investigating exporting producers
In view of the potentially large number of exporting producers in the PRC involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex A to this notice.
In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the PRC and may contact any known associations of exporting producers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers and to the authorities of the PRC.
All exporting producers selected to be in the sample, any known association of exporting producers and the authorities of the PRC will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.
The questionnaire will request information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under review, the cost of production, the sales of the product under review on the domestic market of the country concerned and the sales of the product under review to the Union.
Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’).
5.2. Selection of a market economy third country
Subject to the provisions of Article 2(7)(a) of the basic Regulation, in the case of imports from the PRC, normal value will be determined on the basis of the price or constructed value in a market economy third country.
In the previous investigation Turkey was used as a market economy third country for the purpose of establishing normal value in respect of the PRC. For the purpose of the current investigation, the Commission envisages using again Turkey. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union.
5.3. Investigating unrelated importers (5) (6)
Unrelated importers of the product under review from the PRC to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex B to this notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
The questionnaire will request information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under review and the sales of the product under review.
5.4. Procedure for the determination of recurrence of injury
In order to establish whether there is a likelihood of recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.
In order to obtain the information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to known Union producers or representative Union producers and to any known association of Union producers.
Union producers and the associations of Union producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.
The questionnaire will request information on, inter alia, the structure of their company(ies) and the financial and economic situation of the company(ies).
Any Union producer and association of Union producers is invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.
5.5. Procedure for the assessment of Union interest
Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.
Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.
5.6. Other written submissions
Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.
5.7. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.8. Instructions for making written submissions and sending completed questionnaires and correspondence
All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).
Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.
Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence
Commission address for correspondence:
European Commission |
Directorate-General for Trade |
Directorate H |
Office: N105 08/020 |
1049 Bruxelles/Brussel |
BELGIQUE/BELGIË |
Contact for dumping:
E-mail: trade-persulphates-dumping@ec.europa.eu
Fax +32 22996117
Contact for injury:
E-mail: trade-persulphates-injury@ec.europa.eu
Fax +32 22992565
6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of 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.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer for the Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.
The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of dumping and injury, causal link and Union interest.
For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm
8. Schedule of the investigation
The investigation will be concluded, pursuant 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.
9. Possibility to request a review under Article 11(3) of the basic Regulation
As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.
If any interested party considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.
Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.
10. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).
(1) OJ C 356, 6.12.2011, p. 17.
(2) OJ L 343, 22.12.2009, p. 51.
(3) OJ L 265, 11.10.2007, p. 1.
(4) An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned.
(5) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife; (ii) parent and child; (iii) brother and sister (whether by whole or half blood); (iv) grandparent and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-in-law and son-in-law or daughter-in-law; (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context, ‘person’ means any natural or legal person.
(6) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.
(7) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
ANNEX A
ANNEX B