# Official Journal C 106/5 Ma

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 106 |
| | |
| English edition | Information and Notices | Volume 495 May 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 106

English edition

Information and Notices

Volume 495 May 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 106/1 | Interest rate applied by the European Central Bank to its main refinancing operations: 2,59 % on 1 May 2006 — Euro exchange rates | 1 |
| 2006/C 106/2 | Uniform application of the Combined Nomenclature (CN) (Classification of goods) | 2 |
| 2006/C 106/3 | Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products | 4 |
| 2006/C 106/4 | Notice concerning the anti-dumping measures in force in respect of imports into the Community of certain magnesia bricks originating in the People's Republic of China: modification of the name of a company subject to an individual anti-dumping duty rate | 5 |
| 2006/C 106/5 | Non-opposition to a notified concentration (Case COMP/M.4149 — Imperial Holdings/Lex Commercial/Lex Multipart) (
  1
  ) | 6 |
| 2006/C 106/6 | Non-opposition to a notified concentration (Case COMP/M.4171 — Bosch/Mann + Hummel/Arvinmeritor Purolator) (
  1
  ) | 6 |

Notice No

Contents

page

I   Information

Commission

2006/C 106/1

Interest rate applied by the European Central Bank to its main refinancing operations: 2,59 % on 1 May 2006 — Euro exchange rates

1

2006/C 106/2

Uniform application of the Combined Nomenclature (CN) (Classification of goods)

2

2006/C 106/3

Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products

4

2006/C 106/4

Notice concerning the anti-dumping measures in force in respect of imports into the Community of certain magnesia bricks originating in the People's Republic of China: modification of the name of a company subject to an individual anti-dumping duty rate

5

2006/C 106/5

Non-opposition to a notified concentration (Case COMP/M.4149 — Imperial Holdings/Lex Commercial/Lex Multipart) (
  1
  )

1

6

2006/C 106/6

Non-opposition to a notified concentration (Case COMP/M.4171 — Bosch/Mann + Hummel/Arvinmeritor Purolator) (
  1
  )

1

6

| | III   Notices |
| --- | --- |
| | Commission |
| 2006/C 106/7 | F-Cayenne: operation of scheduled air services — Notice of public invitation to tender issued by the Region of French Guiana (France) pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 with a view to a public service delegation — Operation of scheduled air services between Cayenne, on the one hand, and Maripasoula, Saül and Grand-Santi via Saint-Laurent-du-Maroni, on the other | 7 |

III   Notices

Commission

2006/C 106/7

F-Cayenne: operation of scheduled air services — Notice of public invitation to tender issued by the Region of French Guiana (France) pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 with a view to a public service delegation — Operation of scheduled air services between Cayenne, on the one hand, and Maripasoula, Saül and Grand-Santi via Saint-Laurent-du-Maroni, on the other

7

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Information

Commission

| 5.5.2006 | EN | Official Journal of the European Union | C 106/1 |
| --- | --- | --- | --- |

5.5.2006

EN

Official Journal of the European Union

C 106/1

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Interest rate applied by the European Central Bank to its main refinancing operations (1):

2,59 % on 1 May 2006

Euro exchange rates (2)

4 May 2006

(2006/C 106/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2592 |
| JPY | Japanese yen | 143,62 |
| DKK | Danish krone | 7,4571 |
| GBP | Pound sterling | 0,68400 |
| SEK | Swedish krona | 9,3255 |
| CHF | Swiss franc | 1,5616 |
| ISK | Iceland króna | 90,95 |
| NOK | Norwegian krone | 7,7480 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5752 |
| CZK | Czech koruna | 28,338 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 261,07 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6962 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8191 |
| RON | Romanian leu | 3,4661 |
| SIT | Slovenian tolar | 239,59 |
| SKK | Slovak koruna | 37,300 |
| TRY | Turkish lira | 1,6675 |
| AUD | Australian dollar | 1,6393 |
| CAD | Canadian dollar | 1,4003 |
| HKD | Hong Kong dollar | 9,7623 |
| NZD | New Zealand dollar | 1,9693 |
| SGD | Singapore dollar | 1,9893 |
| KRW | South Korean won | 1 183,14 |
| ZAR | South African rand | 7,6956 |
| CNY | Chinese yuan renminbi | 10,0944 |
| HRK | Croatian kuna | 7,2828 |
| IDR | Indonesian rupiah | 11 075,92 |
| MYR | Malaysian ringgit | 4,548 |
| PHP | Philippine peso | 64,861 |
| RUB | Russian rouble | 34,2800 |
| THB | Thai baht | 47,598 |

Currency

Exchange rate

USD

US dollar

1,2592

JPY

Japanese yen

143,62

DKK

Danish krone

7,4571

GBP

Pound sterling

0,68400

SEK

Swedish krona

9,3255

CHF

Swiss franc

1,5616

ISK

Iceland króna

90,95

NOK

Norwegian krone

7,7480

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5752

CZK

Czech koruna

28,338

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

261,07

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6962

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8191

RON

Romanian leu

3,4661

SIT

Slovenian tolar

239,59

SKK

Slovak koruna

37,300

TRY

Turkish lira

1,6675

AUD

Australian dollar

1,6393

CAD

Canadian dollar

1,4003

HKD

Hong Kong dollar

9,7623

NZD

New Zealand dollar

1,9693

SGD

Singapore dollar

1,9893

KRW

South Korean won

1 183,14

ZAR

South African rand

7,6956

CNY

Chinese yuan renminbi

10,0944

HRK

Croatian kuna

7,2828

IDR

Indonesian rupiah

11 075,92

MYR

Malaysian ringgit

4,548

PHP

Philippine peso

64,861

RUB

Russian rouble

34,2800

THB

Thai baht

47,598

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)

Source: reference exchange rate published by the ECB.

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| 5.5.2006 | EN | Official Journal of the European Union | C 106/2 |
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5.5.2006

EN

Official Journal of the European Union

C 106/2

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UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

(2006/C 106/02)

Explanatory notes adopted in accordance with the procedure defined in Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1)

The explanatory notes to the Combined Nomenclature of the European Communities (2) shall be amended as follows:

On page 338:

| 8528 | Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

  Insert the following text after the existing text:

  ‘According to General rule 3(c) for the interpretation of the Combined Nomenclature, video surveillance systems, consisting of a limited number of television cameras and one video monitor, fall within this heading when put up in a set for retail sale.
  The components of such video surveillance systems are to be classified separately when the system is not put up in a set for retail sale (See HS Explantory Notes to Section XVI (VII)).’ |
| --- | --- |

8528

Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

Insert the following text after the existing text:

‘According to General rule 3(c) for the interpretation of the Combined Nomenclature, video surveillance systems, consisting of a limited number of television cameras and one video monitor, fall within this heading when put up in a set for retail sale.

The components of such video surveillance systems are to be classified separately when the system is not put up in a set for retail sale (See HS Explantory Notes to Section XVI (VII)).’

On page 339:

On page 339:

| 8529 | Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

  Insert the following text:

  ‘This heading does not include tripods for use with cameras of heading 8525 or Chapter 90 (classification according to constituent material).’ |
| --- | --- |

8529

Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

Insert the following text:

‘This heading does not include tripods for use with cameras of heading 8525 or Chapter 90 (classification according to constituent material).’

Replace CN subheadings 8529 90 10 to 8529 90 88 and the corresponding text by the following:

Replace CN subheadings 8529 90 10 to 8529 90 88 and the corresponding text by the following:

| ‘8529 90 40 to 8529 90 95 | Other

  These subheadings include:






  1. | dials; |
| --- | --- | --- |

‘8529 90 40 to 8529 90 95

Other

These subheadings include:

1.

dials;

| 2. | tuning blocks; |
| --- | --- |

2.

tuning blocks;

| 3. | diaphragms for television cameras; |
| --- | --- |

3.

diaphragms for television cameras;

| 4. | so-called PAL-Secam adapters. These are decoder boards (printed circuit boards mounted with electrical components) for subsequent incorporation in television receivers designed for the reception of PAL signals, so as to make these sets suitable for the dual reception of PAL/Secam signals. |
| --- | --- |

4.

so-called PAL-Secam adapters. These are decoder boards (printed circuit boards mounted with electrical components) for subsequent incorporation in television receivers designed for the reception of PAL signals, so as to make these sets suitable for the dual reception of PAL/Secam signals.

These subheadings do not include waveguides (classification of the tubes according to constituent material).’

On page 363:

On page 363:

CHAPTER 90

OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; PARTS AND ACCESSORIES THEREOF

Insert the following text:

‘General

This Chapter only includes tripods which are solely or principally for use with apparatus of this Chapter (See the HS Explanatory Notes to this Chapter (General, III)).

Tripods for use with cameras of this Chapter and heading 8525 are to be classified according to the constituent material.’

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(1)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Council Regulation (EC) No 486/2006 (OJ L 88, 25.3.2006, p. 1).

1

(2)  OJ C 50, 28.2.2006, p. 1.

2

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| 5.5.2006 | EN | Official Journal of the European Union | C 106/4 |
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5.5.2006

EN

Official Journal of the European Union

C 106/4

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Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products

(2006/C 106/03)

Summary information to be filled in: ‘Support for development of ecological aquaculture’

Explanatory remarks: The State aid scheme aims at supporting the development of ecological aquaculture, in which small and medium-sized enterprises and farmers (as defined in Annex I to Regulation (EC) No 70/2001) are engaged. Farming methods of aquaculture enterprises must comply with conditions, set in Council Regulation (EEC) No 2092/91, and in ‘Rules of ecological agriculture’, approved by the Order of the Minister of Agriculture of the Republic of Lithuania of 29 April 2004, No 3D-253 (Official Gazette, 2004, No 74-2561).

The aid will be provided to aquaculture enterprises, which fulfil the following conditions:

have not reduced the total area of fishery ponds, certificated for ecological farming, which they had in previous year;

have submitted the application and other documentation to competent authorities.

The aid would be accorded once aforementioned criteria are fulfilled and the application with other documents from the beneficiaries is received. Calculation of payments and distribution of aid will be administrated by municipalities and the National Paying Agency. Enterprises which unlawfully received aid or entities which contributes to the unlawful provision of aid will hold all responsibility under the laws of the Republic of Lithuania.

Member State: Republic of Lithuania

Aid No: XF 13/2005

Title of aid scheme: ‘Support for development of ecological aquaculture’

Legal basis:

| — | 2002 m. birželio 25 d. Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymo Nr. IX-987 (Valstybės žinios, 2002, Nr. 72-3009) 16 straipsnio 1 dalies 6 ir 15 punktai. |
| --- | --- |

—

2002 m. birželio 25 d. Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymo Nr. IX-987 (Valstybės žinios, 2002, Nr. 72-3009) 16 straipsnio 1 dalies 6 ir 15 punktai.

| — | 2002 m. gruodžio 21 d. Lietuvos Respublikos Vyriausybės nutarimo Nr. 2079 ‘Dėl įgaliojimų įgyvendinant Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymą suteikimo’ (Valstybės žinios, 2002, Nr. 124-5654) 1.1.6. punktas. |
| --- | --- |

—

2002 m. gruodžio 21 d. Lietuvos Respublikos Vyriausybės nutarimo Nr. 2079 ‘Dėl įgaliojimų įgyvendinant Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymą suteikimo’ (Valstybės žinios, 2002, Nr. 124-5654) 1.1.6. punktas.

| — | Lietuvos Respublikos žemės ūkio ministro įsakymo projektas ‘Dėl ekologinio žemės ūkio plėtotės akvakultūros įmonėse rėmimo 2005 m. taisyklių’ |
| --- | --- |

—

Lietuvos Respublikos žemės ūkio ministro įsakymo projektas ‘Dėl ekologinio žemės ūkio plėtotės akvakultūros įmonėse rėmimo 2005 m. taisyklių’

Annual expenditure planned under the scheme: Annual overall amount of the budget appropriation under this scheme is 1,6 million LTL (around 463 392 EUR).

Maximum aid intensity: The sum of State aid does not exceed the total rate (60 %) of national and Community subsidies, fixed by the Annex IV to Regulation (EC) No 2792/1999.

Date of implementation: The planned date of the entry into force of the Order of the Minister of Agriculture of the Republic of Lithuania ‘On the rules of support for development of ecological farming in aquaculture undertakings in 2005’ is end of June of 2005.

Duration of scheme: Duration of this scheme is 2005-2006.

Further (secondary) objectives of aid:

| — | to promote development of ecological aquaculture; |
| --- | --- |

—

to promote development of ecological aquaculture;

| — | to increase supply of competitive ecological fisheries production; |
| --- | --- |

—

to increase supply of competitive ecological fisheries production;

Aid is granted under Article 11 of Commission Regulation (EC) No 1595/2004.

Eligible for State aid expenditure satisfies the requirements laid down in points 2 and 2(2) of Annex III to Regulation (EC) No 2792/1999. Eligible costs are associated with:

| — | investments in facilities and equipment, used in the process of production and handling of ecological fish production, intended to improve quality of ecological production and/or to reduce pollution of the environment; |
| --- | --- |

—

investments in facilities and equipment, used in the process of production and handling of ecological fish production, intended to improve quality of ecological production and/or to reduce pollution of the environment;

| — | measures, intended to improve conditions of hygiene and fish health. |
| --- | --- |

—

measures, intended to improve conditions of hygiene and fish health.

Sector(s) concerned: The aquaculture sector (ecological aquaculture sub-sector).

Name and address of the granting authority:

| Ministry of Agriculture of the Republic of Lithuania, |
| --- |
| Gedimino Av. 19 |
| LT-01103 Vilnius |

Ministry of Agriculture of the Republic of Lithuania,

Gedimino Av. 19

LT-01103 Vilnius

Web address: http://www.zum.lt

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| 5.5.2006 | EN | Official Journal of the European Union | C 106/5 |
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5.5.2006

EN

Official Journal of the European Union

C 106/5

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Notice concerning the anti-dumping measures in force in respect of imports into the Community of certain magnesia bricks originating in the People's Republic of China: modification of the name of a company subject to an individual anti-dumping duty rate

(2006/C 106/04)

Imports of certain magnesia bricks originating in the People's Republic of China are subject to definitive anti-dumping duties, imposed by Council Regulation (EC) No 1659/2005 of 6 October 2005 (1).

Yingkou Sanhua Refractory Material Co. Ltd, a company located in the People's Republic of China, whose exports to the Community of certain magnesia bricks are subject to an individual anti-dumping duty rate of 8,1 % by the aforementioned Regulation, has informed the Commission that on 28 March 2005 it has changed its name into Yingkou Wonjin Refractory Material Co. Ltd. The company has argued that the change of name does not affect the right of the company to benefit from the individual duty rate applied to the company under its previous name of Yingkou Sanhua Refractory Material Co. Ltd.

The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Regulation (EC) No 1659/2005. Therefore, the reference to Yingkou Sanhua Refractory Material Co. Ltd, Gangdu Management Zone, Diashiqiao City, Liaoning Province, 115100, PRC should be read as Yingkou Wonjin Refractory Material Co. Ltd, Gangdu Management Zone, Diashiqiao City, Liaoning Province, 115100, PRC in Article 1(2) of Regulation (EC) No 1659/2005.

The Taric additional code A633 previously attributed to Yingkou Sanhua Refractory Material Co. Ltd shall apply to Yingkou Wonjin Refractory Material Co. Ltd.

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(1)  OJ L 267 of 12.10.2005, p. 1.

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| 5.5.2006 | EN | Official Journal of the European Union | C 106/6 |
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5.5.2006

EN

Official Journal of the European Union

C 106/6

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Non-opposition to a notified concentration

(Case COMP/M.4149 — Imperial Holdings/Lex Commercial/Lex Multipart)

(2006/C 106/05)

(Text with EEA relevance)

On 3 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 English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | 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, |
| --- | --- |

—

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,

| — | in electronic form on the EUR-Lex website under document number 32006M4149. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4149. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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| 5.5.2006 | EN | Official Journal of the European Union | C 106/6 |
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5.5.2006

EN

Official Journal of the European Union

C 106/6

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Non-opposition to a notified concentration

(Case COMP/M.4171 — Bosch/Mann + Hummel/Arvinmeritor Purolator)

(2006/C 106/06)

(Text with EEA relevance)

On 30 March 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 English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | 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, |
| --- | --- |

—

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,

| — | in electronic form on the EUR-Lex website under document number 32006M4171. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4171. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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III Notices

Commission

| 5.5.2006 | EN | Official Journal of the European Union | C 106/7 |
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5.5.2006

EN

Official Journal of the European Union

C 106/7

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F-Cayenne: operation of scheduled air services

Notice of public invitation to tender issued by the Region of French Guiana (France) pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 with a view to a public service delegation

Operation of scheduled air services between Cayenne, on the one hand, and Maripasoula, Saül and Grand-Santi via Saint-Laurent-du-Maroni, on the other

(2006/C 106/07)

1.   Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has imposed public service obligations on scheduled air services between Cayenne, on the one hand, and Maripasoula, Saül, and Grand-Santi via Saint Laurent du Maroni, on the other. The standards required by these public service obligations were published in
  Official Journal of the European Union C 83 of 5.4.2005.

If on 1 December 2006 no air carrier has commenced or is about to commence operating these scheduled air services 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 abovementioned Regulation, to limit access to this group of routes to a single carrier and, following an invitation to tender, to offer the right to operate these services from 1 January 2007.

2.   Awarding authority: Région Guyane, Cité administrative régionale, route de Montabo, rond-point de Suzini, BP 7025, F-97307 Cayenne Cedex. Tel. (594) 27 11 93, fax (594) 27 12 88.

3.   Object of consultation: The operation from 1 January 2007 of scheduled air services on the following group of routes, in accordance with the public service obligations published in
  Official Journal of the European Union C 83 of 5.4.2005:

Cayenne - Maripasoula,

Cayenne - Saül,

Cayenne - Grand-Santi via Saint-Laurent-du-Maroni.

4.   Main features of the service:

| 1) | Between Cayenne and Maripasoula | Minimum frequency: Two daily return trips all year round; |
| --- | --- | --- |

1)

Between Cayenne and Maripasoula

Minimum frequency: Two daily return trips all year round;

| | Minimum capacity offered: | 33 000 seats annually; |
| --- | --- | --- |

Minimum capacity offered:

33 000 seats annually;

| | 440 tonnes of freight annually. |
| --- | --- |

440 tonnes of freight annually.

| 2) | Between Cayenne and Maripasoula | Minimum frequency: One daily return trip all year round. |
| --- | --- | --- |

2)

Between Cayenne and Maripasoula

Minimum frequency: One daily return trip all year round.

| | Minimum capacity offered: | 8 000 seats annually; |
| --- | --- | --- |

Minimum capacity offered:

8 000 seats annually;

| | 100 tonnes of freight annually. |
| --- | --- |

100 tonnes of freight annually.

| 3) | Between Cayenne and Grand Santi, via Saint Laurent du Maroni | Minimum frequency: One daily return trip all year round; |
| --- | --- | --- |

3)

Between Cayenne and Grand Santi, via Saint Laurent du Maroni

Minimum frequency: One daily return trip all year round;

| | Minimum capacity: | 8 000 seats annually; |
| --- | --- | --- |

Minimum capacity:

8 000 seats annually;

| | 300 tonnes of freight annually. |
| --- | --- |

300 tonnes of freight annually.

5.   Main features of the contract: Single public service delegation contract concluded between the carrier, the Region of French Guiana 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 receipts and the Region of French Guiana and the State will pay it a contribution corresponding to the difference between the actual expenditure, excluding taxes (VAT, and aviation-specific taxes), on operating the service and the commercial receipts excluding taxes (VAT, and aviation-specific taxes) received by it, within the limit of the maximal compensation to which it has committed itself, after deduction, where appropriate, of the penalties referred to in point 10.4 of this notice.

6.   Duration of the contract: The duration of the contract (public service delegation agreement) is three years starting from 1 January 2007.

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

8.   Award procedure and criteria for selecting candidates: 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, and to the provisions of Articles L 1411-1 et seq. of the General Local Authorities Code concerning Public Service Delegations and 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 three orders of 16.5.2005 implementing them.

8.1   Supporting documents: Applicants must submit an application file containing the following:

a letter of application, signed by the manager or his representative, together with documents giving the power to sign (in the case of a grouping, the names of the members, the identity of the agent, and proof of the powers given to the agent),

a memorandum presenting the undertaking and explaining the applicant's professional and financial fitness in the air transport field, 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 three years or, if the applicant so wishes, the balance sheets and outturn accounts for the last three 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 to submit a bid by the Region of French Guiana, setting out, in particular:

| — | the technical and human resources which the applicant will assign to the operation of the routes; |
| --- | --- |

—

the technical and human resources which the applicant will assign to the operation of the routes;

| — | the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make; |
| --- | --- |

—

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; |
| --- | --- |

—

the types of aircraft used and, where appropriate, their registration;

| — | a copy of the tenderer's air carrier operating licence; |
| --- | --- |

—

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: |
| --- | --- |

—

if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:

| — | nationality of the pilots' licences, |
| --- | --- |

—

nationality of the pilots' licences,

| — | law applicable to employment contracts, |
| --- | --- |

—

law applicable to employment contracts,

| — | details of membership of social insurance bodies; |
| --- | --- |

—

details of membership of social insurance bodies;

the steps taken to comply with the provisions of 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 abovementioned Decree, vouching that the applicant has discharged his obligations with regard to taxation and social insurance, in particular concerning:

| — | corporation tax; |
| --- | --- |

—

corporation tax;

| — | value-added tax; |
| --- | --- |

—

value-added tax;

| — | contributions in respect of social insurance, work accidents, occupational illnesses and family allowances; |
| --- | --- |

—

contributions in respect of social insurance, work accidents, occupational illnesses and family allowances;

| — | civil aviation tax; |
| --- | --- |

—

civil aviation tax;

| — | airport tax. |
| --- | --- |

—

airport tax.

| — | In the case of applicants from a European Union Member State other than France, equivalent certificates or statements issued on honour must be drawn up by the administrations and bodies of the country of origin; |
| --- | --- |

—

In the case of applicants from a European Union Member State other than France, equivalent certificates or statements issued on honour must be drawn up by the administrations and bodies of the country of origin;

a statement issued on honour relating to the absence of conviction recorded in bulletin No 2 for offences referred to 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 provided for in Article L 323-1 of the Labour Code,

extract ‘K bis’ relating to statutory registration or an equivalent document,

pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23 July 1992, an insurance certificate less than three months old covering civil liability in case of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21 April 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.

In the case of grouped applications, the grouping must act jointly and designate a sole agent. All the documents listed above must be produced for each undertaking in the grouping. Any grouping agreement concluded between the undertakings in the grouping must be included in the application file. The following information must be clearly specified:

the identity, role and, having regard to its competencies, the complementarity of each of the members of the grouping in the context of the project,

how the grouping intends to ensure the continuity of the public service and the management of the service, in particular in terms of organisation.

8.2.   Procedures for the examination of applications: Applicants 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 equality of treatment for users with regard to that service,

their compliance with the obligation to employ handicapped workers provided for in Article L 323-1 of the Labour Code.

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

In accordance with the provisions of 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.

10.   Essential additional information:

10.1.   Financial compensation: The tenders submitted by the carriers whose applications are accepted will specify the amount required by way of compensation for operating each service for three years from 1 January 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 limits of the amount stated in the tender. This upper limit can be revised only in the event of an unforeseen change 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 routes in question and verification that the service has been operated in accordance with the conditions laid down in point 10.2 below.

In the event of termination of the contract before its normal expiry date, point 10.2 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.

10.2   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 routes in question will be examined at least once a year in cooperation with the carrier.

10.3   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 contracting parties, which must reach a decision within two months. The contract can 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 six-month period of notice is observed. In the event of serious breaches of the public service 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 obligations within one month of the serving of formal notice.

10.4   Penalties or other deductions provded for in the contract: Failure by the carrier to observe the period of notice referred to in point 10.3 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 service during the year in question, but not exceeding the maximum financial compensation provided for in point 10.1.

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 10.1 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, and the number of flights not complying with the public service obligations regarding stopovers and fares charged.

11.   Submission of applications: The application file must be drawn up in French. Where necessary, applicants shall have documents issued by public authorities in an official language of the European Union translated into French.

Applicants may enclose, along with the French version, a version drafted in another non-authentic official language of the European Union.

Tender dossiers, the content of which is specified in the specific rules for the invitation to tender, 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, to reach the following address before 12.00 hours local time (T.U. – 3 hours) on 30 June 2006 at the latest:

Region of French Guiana, Cité administrative régionale, Direction du Développement, de l'Économie et de l'Aménagement, Service de l'Aménagement et du Développement du Territoire, Route de Montabo, Rond-point de Suzini, BP 7025, F-97307 Cayenne Cedex.

12.   Subsequent procedure: No later than 13 July 2006, the Region of French Guiana will send the applicants selected a consultation file comprising in particular a regulation, specifications and a draft contract.

The applicants selected must submit their bids no later than 16 August 2006 before 12.00 hours local time (U.T. – 3 hours).

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

13.   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 December 2006 a programme for operating the route in question from 1 January 2007 in accordance with the public service obligation imposed, without receiving any financial compensation.

14.   Requests for additional information: To obtain any information they may need, applicants may contact the person responsible for the Service de l'Aménagement et du Développement du Territoire de la Région Guyane (Regional Planning and Development Service of French Guiana), at the address indicated in Section 2 above, exclusively by letter or fax.

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