12.2.2005   

EN

Official Journal of the European Union

C 37/1

12.2.2005   

EN

Official Journal of the European Union

C 37/2

12.2.2005   

EN

Official Journal of the European Union

C 37/3

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from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

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in electronic form on the EUR-Lex website under document number 32004M3558. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

12.2.2005   

EN

Official Journal of the European Union

C 37/4

1.

On 7 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of a Council Regulation (EC) No 139/2004 (1) by which the undertakings Honeywell International Inc. (‘Honeywell’) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the UK publicly listed company Novar plc (‘Novar’) by way of a public bid announced on 13 December 2004.

2.

This notification has been declared incomplete on 4 February 2005. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of Council Regulation (EC) No 139/2004 on 7 February 2005. Accordingly, the notification became effective on 8 February 2005.

3.

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. 3686 — HONEYWELL/NOVAR, to the following address:

12.2.2005   

EN

Official Journal of the European Union

C 37/5

1.

Introduction: France has decided to impose public service obligations on scheduled air services between Castres (Mazamet) and Lyon (Saint-Exupéry) and between Rodez (Marcillac) and Lyon (Saint-Exupéry), the route followed being Castres (Mazamet) — Rodez (Marcillac) — Lyon (Saint-Exupéry) and vice-versa, 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. The standards required by these public service obligations were published in Official Journal of the European Communities C 18 of 22 January 2002.

If on 1 May 2005 no air carrier has begun or is about to begin operating scheduled air services between Castres (Mazamet) and Lyon (Saint-Exupéry) and between Rodez (Marcillac) and Lyon (Saint-Exupéry), the route followed being Castres (Mazamet) — Rodez (Marcillac) — Lyon (Saint-Exupéry) and vice-versa, in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, to limit access to a single carrier and to offer the right to operate such services from 1 June 2005 by public tender.

2.

Subject of the invitation to tender: The operation from 1 June 2005 of scheduled air services between Castres (Mazamet) and Lyon (Saint-Exupéry) and between Rodez (Marcillac) and Lyon (Saint-Exupéry), the route followed being Castres (Mazamet) — Rodez (Macillac) — Lyon (Saint-Exupéry) and vice-versa, in accordance with the public service obligations imposed on this route, as published in Official Journal of the European Communities C 18 of 22 January 2002.

3.

Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.

Tender procedure: This invitation to tender is subject to the provisions of article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

5.

Tender dossier: The full tender dossier, including the specific rules for this invitation to tender and the public service delegation agreement and its technical annex (text of the public service obligation published in the Official Journal of the European Communities) is obtainable free of charge from:

Chambre de commerce et d'industrie de Castres-Mazamet, Att: Florence Chambert, allées Alphonse Juin, BP 217, F-81101 Castres Cedex. Tel. 33(0) 5 63 51 46 46. Fax 33(0) 5 63 51 46 99,

and

Syndicat mixte pour l'aménagement et l'exploitation de l'Aéroport de Rodez-Marcillac, Salles-la-Source, F-12330 Rodez. Tel. 33(0) 5 65 76 02 00. Fax 33(0) 5 65 42 99 97.

6.

Financial compensation: Tenders must explicitly state the amount of compensation required for operating the route for three years from the scheduled starting date (with an annual breakdown). The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limits of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions.

The annual payments will be made in the form of instalments and a balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in point 8 below.

In the event of termination of the contract before its normal expiry date, point 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first sub-paragraph being reduced, where appropriate, in proportion to the actual duration of the service.

7.

Duration of the contract: The duration of the contract (public service delegation agreement) is three years from the date scheduled for the commencement of the services mentioned in point 2 of this invitation to tender.

8.

Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the route in question will be examined at least once a year in cooperation with the carrier.

9.

Termination of contract and notice: The contract may be terminated by either contracting party before the end of the normal period of validity by giving six months' notice. Should the carrier fail to comply with the public service obligations, it will be deemed to have terminated the contract without notice if it fails to resume the service in accordance with the public service obligations within one month of the serving of formal notice.

10.

Penalties: Failure by the carrier to observe the period of notice referred to in point 9 will be subject either to an administrative fine of up to EUR 7 622.45 pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in point 6.

In the event of serious breaches of the public service obligations, the carrier may be deemed to have terminated the contract without notice.

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 6 will be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, the number of flights not complying with the public service obligations regarding stops, and the number of days of non-compliance with the public service obligations regarding time at destination, fares charged or the use of computerised booking services.

11.

Submission of tenders: Tenders must be sent by registered letter with acknowledgement of receipt, date as post-marked, or delivered by hand (in which case a receipt must be obtained), at the latest six weeks after the date of publication of this invitation to tender in the Official Journal of the European Union, before 17.00 hours (local time) to the following address:

Chambre de commerce et d'industrie de Castres-Mazamet, Att: Florence Chambert, allées Alphonse Juin, BP 217, F- 81101 Castres Cedex. Tel. 33(0) 5 63 51 46 46 . Fax 33(0) 5 63 51 46 99,

and

Syndicat mixte pour l'aménagement et l'exploitation de l'Aéroport de Rodez-Marcillac, Salles-la-Source, F-12330 Rodez. Tel. 33(0) 5 65 76 02 00. Fax 33(0) 5 65 42 99 97.

12.

Validity of the invitation to tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 1 May 2005 a programme for operating the route in question from 1 June 2005 in accordance with the public service obligations imposed, without receiving any financial compensation.