23.11.2006

EN

Official Journal of the European Union

C 286/1

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Euro exchange rates (1)

22 November 2006

(2006/C 286/01)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,2886
JPY	Japanese yen	150,75
DKK	Danish krone	7,4554
GBP	Pound sterling	0,67490
SEK	Swedish krona	9,0965
CHF	Swiss franc	1,5884
ISK	Iceland króna	92,60
NOK	Norwegian krone	8,2520
BGN	Bulgarian lev	1,9558
CYP	Cyprus pound	0,5778
CZK	Czech koruna	27,942
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	257,45
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6974
MTL	Maltese lira	0,4293
PLN	Polish zloty	3,8006
RON	Romanian leu	3,4983
SIT	Slovenian tolar	239,66
SKK	Slovak koruna	35,656
TRY	Turkish lira	1,8940
AUD	Australian dollar	1,6669
CAD	Canadian dollar	1,4686
HKD	Hong Kong dollar	10,0337
NZD	New Zealand dollar	1,9249
SGD	Singapore dollar	2,0045
KRW	South Korean won	1 203,55
ZAR	South African rand	9,2537
CNY	Chinese yuan renminbi	10,1345
HRK	Croatian kuna	7,3688
IDR	Indonesian rupiah	11 770,07
MYR	Malaysian ringgit	4,6969
PHP	Philippine peso	64,095
RUB	Russian rouble	34,2830
THB	Thai baht	47,133

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(1)  

Source: reference exchange rate published by the ECB.

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23.11.2006

EN

Official Journal of the European Union

C 286/2

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Prior notification of a concentration

(Case COMP/M.4485 — MEIF II/Techem)

Candidate case for simplified procedure

(2006/C 286/02)

(Text with EEA relevance)

1.

On 15 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking MEIF II Energie Beteiligungen GmbH & Co. KG (‘MEIF II KG’, Germany), ultimately owned, controlled and managed by the Macquarie Bank Limited (‘Macquarie’, Australia), acquires sole control within the meaning of Article 3(1)(b) of the Council Regulation of the whole of Techem AG (‘TECHEM’, Germany), a German public listed company, by way of a public takeover offer under the German Takeover Act, announced on 11 November 2006, intending to acquire all the shares of TECHEM.

2.

The business activities of the undertakings concerned are: — for MEIF II KG: a German limited partnership, active in the acquisition, holding, administration and sale of participations in other companies or their assets as well as all related actions and legal transactions; — for Macquarie: a diversified international provider of specialist financial and investment banking services; — for TECHEM: active in the business of sub-metering of utilities consumption and the market for energy contracting.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number Case COMP/M.4485 — MEIF II/Techem, to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel

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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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23.11.2006

EN

Official Journal of the European Union

C 286/3

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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

(2006/C 286/03)

(Text with EEA relevance)

Aid No	XE 17/05
Member State	Hungary
Region	Entire country
Title of aid scheme	Investment aid for the employment of disabled persons
Legal basis	A foglalkoztatást elősegítő támogatásokról, valamint a Munkaerőpiaci Alapból foglalkoztatási válsághelyzetek kezelésére nyújtható támogatásról szóló 6/1996. (VII. 16.) MüM rendelet 19/B. §-a.
Annual expenditure planned under the scheme	HUF 1 billion for 2005.
Maximum aid intensity	Where the employment of handicapped workers entails additional costs, aid of up to 100 % of such additional costs may be granted to the firm employing the disabled person.
Date of implementation	Start of the aid programme: 1 January 2005.
Duration of scheme or individual aid award	End of the aid programme: 31 December 2006.
Objective of aid	Investment aid which, with a view to employing disabled workers, is linked to investment for the creation, modernisation and development of jobs, the construction, installation, extension, conversion and improved safety of facilities, and the procurement, conversion and improved safety of equipment.
Economic sectors concerned	— All Community sectors (1)
	— All manufacturing (1)
	— All services (1)
	— Other (please specify)
Name and address of the granting authority	Foglalkoztatáspolitikai és Munkaügyi Minisztérium
	H-1054 Budapest, Alkotmány utca 3. Telephone: (36-1) 473 81 00 Fax: (36-1) 473 81 01 E-mail: info@fmm.gov.hu
Other information	The aid may be granted for sheltered employment and is covered by Article 6 of Regulation (EC) No 2204/2002.

Aid No	XE 28/06
Member State	Malta
Title of aid scheme	ETC Employment Aid Programme
Legal basis	Employment and Training Services Act (Cap. 343)
Annual expenditure planned under the scheme	Annual overall amount	EUR 1 million
	Loans guaranteed
Maximum aid intensity	In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation	Yes
Date of implementation	1.9.2006
Duration of scheme	Until 31.12.2007 (2)
Objective of aid	Art. 4 Creation of employment	No
	Art. 5 Recruitment of disadvantaged and disabled workers	Yes
	Art. 6 Employment of disabled workers	Yes
Economic sectors concerned	— All Community sectors (3) eligible for employment aid	Yes
	— All manufacturing1 (3)
	— All services (3)
	— Other
Name and address of the granting authority	Employment and Training Corporation
	Head Office Hal-Far, P.O. Box 20, MT-Birzebbuga, BBG 01
Aid subject to prior notification to the Commission	In conformity with Article 9 of the Regulation	Yes

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(1)  With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.

(2)  This scheme will be adapted according to the rules applicable after review of Commission Regulation (EC) No 2204/2002.

(3)  With the exception of the shipbuilding sector and other sectors subject to special rules in regulations and directives governing all State aid within the sector.

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23.11.2006

EN

Official Journal of the European Union

C 286/5

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Guidelines on National Regional aid for 2007-2013 (1) — National regional State aid map: Greece, Estonia, Lithuania

(2006/C 286/04)

N 408/2006 — GREECE

National regional State aid map 1.1.2007-31.12.2013

(Approved by the Commission on 31.08.2006)

(NUTS ΙΙ REGION) (NUTS IΙΙ REGION)	Ceiling for regional investment aid (2) (applicable to large enterprises)
	1.1.2007-31.12.2010	1.1.2011-31.12.2013
1.    Regions eligible for aid under Article 87(3) (a) of the EC Treaty until 31.12.2013
GR11 ANATOLIKI MAKEDONIA, THRAKI	40 %	40 %
GR21 IPEIROS	40 %	40 %
GR23 DYTIKI ELLADA	40 %	40 %
GR14 THESSALIA	30 %	30 %
GR22 ΙΟΝΙΑ ΝISIA	30 %	30 %
GR43 KRITI	30 %	30 %
GR25 PELOPONNISOS	40 %	30 %
GR41 VOREIO AIGAIO	40 %	30 %
2.    Regions eligible for aid under Article 87(3) (a) of the EC Treaty until 31.12.2010 (3)
GR12 KENTRIKI MAKEDONIA	30 %	20 %
GR13 DYTIKI MAKEDONIA	30 %	20 %
GR30 ATTIKI	30 %	20 %
3.    Regions eligible for aid as regions of economic development under Article 87(3) (c) of the EC Treaty
GR42 ΝΟΤΙΟ AIGAIO	30 %	15 %
GR24 STEREA ELLADA
GR 241 VOIOTIA	30 %	15 %
GR244 FTHIOTIDA	30 %	15 %
GR242 EVVOIA	30 %	15 %
GR245 FOKIDA	30 %	20 %
GR243EYRYTANIA	30 %	20 %

N 466/2006 — ESTONIA

National regional State aid map 1.1.2007-31.12.2013

(Approved by the Commission on 13.09.2006)

Zone Code	Zone Name	Ceiling for regional investment aid (4) (applicable to large enterprises)
1.    Regions eligible for aid under Article 87(3)(a) of the EC Treaty until 31.12.2013
EE	ESTONIA
EE001	Põhja-Eesti	40 %
EE004	Lääne-Eesti	50 %
EE006	Kesk-Eesti	50 %
EE007	Kirde-Eesti	50 %
EE008	Lõuna-Eesti	50 %

N 641/2006 — LITHUANIA

National regional State aid map 1.1.2007-31.12.2013

(Approved by the Commission on 24.10.2006)

Zone Code	Zone Name	Ceiling for regional investment aid (5) (applicable to large enterprises)
1.    Regions eligible for aid under Article 87(3)(a) of the EC Treaty until 31.12.2013
LT	LITHUANIA	50 %

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(1)  OJ C 54, 4.3.2006, p. 13

(2)  For investment projects with eligible expenditure not exceeding EUR 50 million, this ceiling is increased by 10 percentage points for medium sized companies and 20 percentage points for small companies as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). For large investment projects with eligible expenditure exceeding EUR 50 million, this ceiling is subject to adjustment in accordance with paragraph 67 of the Guidelines on national regional aid for 2007-2013.

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

(4)  For investment projects with eligible expenditure not exceeding EUR 50 million, this ceiling is increased by 10 percentage points for medium sized companies and 20 percentage points for small companies as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). For large investment projects with eligible expenditure exceeding EUR 50 million, this ceiling is subject to adjustment in accordance with paragraph 67 of the Guidelines on national regional aid for 2007-2013.

(5)  For investment projects with eligible expenditure not exceeding EUR 50 million this ceiling is increased by 10 percentage points for medium sized companies and 20 percentage points for small companies as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). For large investment projects with eligible expenditure exceeding EUR 50 million, this ceiling is subject to adjustment in accordance with paragraph 67 of the Guidelines on national regional aid for 2007-2013.

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23.11.2006

EN

Official Journal of the European Union

C 286/7

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Non-opposition to a notified concentration

(Case COMP/M.4135 — Lactalis/Galbani)

(2006/C 286/05)

(Text with EEA relevance)

On 24 April 2006, 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 French and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—	in electronic form on the EUR-Lex website under document number 32006M4135. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

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23.11.2006

EN

Official Journal of the European Union

C 286/8

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Notice of the impending expiry of certain anti-dumping measures

(2006/C 286/06)

1.

As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Division B-1), J-79 5/16, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995. Product Country(ies) of origin or exportation Measures Reference Date of expiry Tube and pipe fittings, of iron or steel Republic of Korea Malaysia Russia Anti-dumping duty Council Regulation (EC) No 1514/2002 (OJ L 228, 24.8.2002, p. 1) as last amended by Council Regulation (EC) No 778/2003 (OJ L 114, 8.5.2003, p. 1) 25.8.2007

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(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  Telefax: (32-2) 295 65 05.

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23.11.2006

EN

Official Journal of the European Union

C 286/9

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Details of arrangement for the electronic transmission of State aid notifications

Article 3(6) of the Efta Surveillance Authority Decision of 14 July 2004 on the implementing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (hereinafter ‘Decision 195/04/COL’) (1)

(2006/C 286/07)

1.

The present notice sets out the detailed arrangements for the transmission of electronic notifications, which are compulsory as of 1 January 2006. It is based on Article 3(6) of Decision 195/04/COL. Article 3(6) requests the EFTA Surveillance Authority to publish details of the arrangements for the electronic transmission of notifications. The Advisory Committee on State aid has been consulted.

2.	The notification forms and supplementary information sheets annexed to Decision 195/04/COL have been made available as Word documents at the following web address: http://www.eftasurv.int/fieldsofwork/fieldstateaid/saenotification/

3.	For electronic transmission of State aid notifications and related correspondence, the Authority has made available a web portal at the following address: https://eea.eftasurv.int/portal/

4.	The EFTA States have been requested to designate a single contact point for the purpose of electronic submission of State aid notifications and related correspondence.

5.

The portal has two user levels. User-id and the password only give read access. In order for the designated contact point to submit a document, the Efta Surveillance Authority has supplied a code calculator and log-on instructions that ensures both authentication of sender and secure exchange of the document.

6.	The EFTA State will immediately be able to verify the receipt of documents sent to the EFTA Surveillance Authority. A document submitted to the EFTA State from the EFTA Surveillance Authority can be viewed and processed internally within the EFTA State by using the web portal.

7.

All subsequent correspondence between the EFTA State and the EFTA Surveillance Authority will be exchanged by use of the web portal. Withdrawal of notifications shall be done by use of the web portal. Decisions of the EFTA Surveillance Authority relating to notifications shall also be communicated to the EFTA State concerned by use of the web portal.

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(1)  As amended by Decision 319/05/COL (not yet published). Article 3(6) of Decision No 195/04/COL corresponds to Article 3(6) of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the Treaty.

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23.11.2006

EN

Official Journal of the European Union

C 286/10

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56th amendment of the State aid Guidelines

EFTA Surveillance Authority decision to propose appropriate measures

(2006/C 286/08)

Date of adoption:

EFTA State: Iceland, Norway, Liechtenstein

Case No: 55834

Title: EFTA Surveillance Authority decision amending for the fifty-sixth time the procedural and substantive rules in the field of State aid — New Chapter 25.B National Regional aid — 2007-2013. Proposal for appropriate measures.

Legal basis: College Decision No. 85/06/COL

Decision: The appropriate measures, proposed by the Authority and accepted by the EFTA States are as follows:

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23.11.2006

EN

Official Journal of the European Union

C 286/11

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F-Juillan: operation of scheduled air services

Operation of scheduled air services between Tarbes (Lourdes-Pyrénées) and Paris (Orly)

Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service

(2006/C 286/09)

1.   Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has imposed a public service obligation on scheduled air services between Tarbes (Lourdes-Pyrénées) and Paris (Orly). The terms of this public service obligation were published under the reference C 22/04 in the ‘Official Journal of the European Union’ of 27.1.2004 and amended 21.6.2005 under C 149/02.

If on 1.5.2007 no air carrier has commenced or is about to commence operating these scheduled air services in accordance with the public service obligation imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to the route to only 1 carrier and to offer the right to operate such services from 1.6.2007 by invitation to tender.

2.   Contracting authority:

3.   Object of the consultation: To provide, from 1.6.2007, scheduled air services in accordance with the public service obligation mentioned in paragraph 1.

4.   Main features of the contract: This is a public service delegation contract to be concluded between the carrier, the Syndicat mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées and the State in accordance with Article 8 of Decree No 2005-473 of 16.5.2005 relating inter alia to the rules governing the allocation of financial compensation by the State.

The delegatee will receive the revenue. The Syndicat mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées and the State will pay it a contribution corresponding to the difference between the actual expenditure, excluding taxes (VAT, and aviation taxes) on operating the service and the commercial revenue, excluding taxes (VAT, and aviation taxes), received by it, within the limit of the maximum compensation to which it has committed itself, following deduction, where appropriate, of the penalties specified in Section 9.4 of this notice.

5.   Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years from 1.6.2007.

6.   Participation in the consultation: Participation is open to all air carriers holding a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

7.   Award procedure and criteria for selecting candidates: This invitation to tender is subject to Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92, and to Articles L 1411-1 et seq. of the General Local Authorities Code concerning public service delegations and to the texts implementing them (in particular Decree No 97-638 of 31.5.1997 implementing Law No 97-210 of 11.3.1997 on strengthening the fight against illegal employment), and Decree No 2005-473 of 16.5.2005 relating inter alia to the rules governing the allocation of financial compensation by the State and the 3 Orders of 16.5.2005 implementing it.

The application file must be drawn up in French. Where necessary, tenderers must have documents issued by public authorities in an official language of the European Union translated into French. Along with the French version, tenderers may enclose a version drafted in another official language of the European Union; this version will not be authentic.

The application file must contain the following:

—	a letter of application, signed by the manager or his representative, together with documents giving the power to sign;

—

a memorandum presenting the undertaking and vouching for the applicant's professional capability and financial standing in the field of air transport, together with any relevant references; this memorandum must make it possible to assess the applicant's ability to ensure the continuity of the public service and guarantee equality of treatment for users; if he so wishes, the applicant may base himself on the model form DC5 used in connection with the award of public contracts;

—	the overall turnover and the turnover relating to the supply of relevant services over the last 3 years or, if the applicant so wishes, the balance sheets and outturn accounts for the last 3 years; if he cannot provide this information, the applicant must explain the reasons;

—

a methodology note explaining how the applicant proposes to respond to the consultation file if he is allowed by the Syndicat mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées to submit a bid, setting out, in particular: — the technical and human resources which the applicant will assign to the operation of the route, — the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make, — the types of aircraft used and, where appropriate, their registration details, — a copy of the tenderer's air carrier operating licence, — if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information: — the country in which the pilots' licences were issued, — the law applicable to the employment contracts, — details of membership of social insurance bodies, — the steps taken to comply with Articles L. 341-5 and Articles D. 341-5 et seq. of the Labour Code relating to the temporary secondment of wage-earners for the purpose of supplying services on the national territory

—

certificates or statements issued on his honour, as provided for in Article 8 of Decree No 97-638 of 31.5.1997 and the Order of 31.1.2003 implementing Article 8 of the aforementioned Decree, vouching that the applicant has discharged his obligations with regards to taxation and social insurance, in particular covering: — corporation tax, — value added tax, — contributions in respect of social insurance, work accidents, occupational illnesses and family allowances, — civil aviation tax, — airport tax; in the case of applications from a European Union Member State other than France, equivalent certificates or statements must be drawn up by the administrations and bodies of the country of origin;

—	a statement issued on honour indicating that the applicant has no record in bulletin No 2 of a conviction for offences specified in Articles L. 324-9, L. 324-10, L. 341-6, L 125-1 and L. 125-3 of the Labour Code;

—	a statement issued on honour and/or proof of compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code;

—	extract ‘K bis’ of the entry in the Companies Register, or an equivalent document;

—

pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23.7.1992, an insurance certificate less than 3 months old covering civil liability in the event of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21.4.2004, and in particular Article 4 thereof;

—	in the event of a safeguard or collective procedure measure, a copy of any judgment to this effect (if the judgment is not drawn up in French, it must be accompanied by a certified translation).

Applications will be selected with reference to the following criteria set out in Article L. 1411-1(3) of the General Local Authorities Code:

—	the professional and financial guarantees offered by the applicants;

—	their ability to ensure the continuity of the public service and guarantee quality of treatment for users with regard to that service;

—	their compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code.

8.   Criteria for the award of the contract: Subsequently, the carriers whose applications are allowed and accepted will be invited to submit their tenders in accordance with the procedure laid down in the specific rules for the invitation to tender, which will then be supplied to them.

In accordance with Article L. 1211-1 subparagraph 3 of the General Local Authorities Code the bids thus submitted will be freely negotiated by the designated authority of the Syndicat mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées.

In accordance with Article 4(1)(f) of Regulation (EEC) No 2408/92, the selection among the submissions will be made taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required.

9.   Essential additional information:

9-1.

Financial compensation: The tenders submitted by the carriers whose applications are accepted must specify the maximum amount required by way of compensation for operating the route for 3 years from 1.6.2007, with an annual breakdown. The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limit of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions. The annual payments will be made in the form of advance payments and an adjustment balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in Section 9.2 below. In the event of termination of the contract before its normal expiry date, Section 9.2 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.

9-2.	Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the route in question will examined at least once a year in cooperation with the carrier.

9-3.

Amendment and termination of the contract: Where the carrier believes that unforeseen changes in the operating conditions justify revision of the maximum amount of financial compensation, it must present a reasoned request to the other signatory parties, which must reach a decision within 2 months. The contract may then be amended by means of an additional agreement. The contract may be terminated by either of the signatory parties before the normal end of the validity of the contract provided that a 6-month period of notice is observed. In the event of serious breaches of its contractual obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligation within 1 month of the serving of formal notice.

9-4.

Penalties or other deductions provided for in the contract: Failure by the carrier to observe the period of notice referred to in Section 9.3 will be subject either to an administrative fine pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the actual operating loss of the route during the year in question, but not exceeding the maximum financial compensation provided for in Section 9.1. In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in Section 9.1 will be reduced, without prejudice to the application of Article R.330-20 of the Civil Aviation Code. Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, and the number of flights not complying with the public service obligation in terms of stopovers and fares charged.

10.   Submission of applications: Application files must be enclosed in sealed envelopes marked ‘Response to Call for tenders No 09/2006 - To be opened only by the addressee’. They must be sent by registered letter with acknowledgement of receipt (the date on the latter serving as proof of the date of receipt) or delivered by hand (in which case a receipt must be obtained) to reach the following address by no later than 17.1.2007 (12:00), local time:

Syndicat Mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées, Téléport, Zone tertiaire Pyrène Aéro Pôle, F-65920 Juillan — France

11.   Subsequent procedure: No later than 23.1.2007, the Syndicat mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées will send the applicants selected the tender rules and a draft contract.

The applicants selected must submit their bids by no later than 14.2.2007 (12:00), local time.

The bid will be binding on the tenderer for a period of 280 days from its submission.

12.   Validity of the public tender: The validity of this invitation to tender is subject to the condition that no Community carrier presents by 1.5.2007 a programme for operating the route in question from 1.6.2007 in accordance with the public service obligation imposed and without receiving any financial compensation.

13.   Requests for additional information: To obtain any information they may need, applicants may contact the person responsible in the Syndicat mixte de la zone aéroportuaire Tarbes-Lourdes-Pyrénées at the address/fax number indicated in Section 2 above, exclusively by letter or fax.

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