# Official Journal C 113/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 113 |
| | |
| English edition | Information and Notices | Volume 518 May 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 113

English edition

Information and Notices

Volume 518 May 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 113/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2008/C 113/02 | Non-opposition to a notified concentration (Case COMP/M.5014 — EQT/SAG) (
  1
  ) | 4 |
| 2008/C 113/03 | Non-opposition to a notified concentration (Case COMP/M.5089 — Domo Chemicals/Carmel Olefins/Domo Propylene JV) (
  1
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 113/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

2008/C 113/02

Non-opposition to a notified concentration (Case COMP/M.5014 — EQT/SAG) (
  1
  )

1

4

2008/C 113/03

Non-opposition to a notified concentration (Case COMP/M.5089 — Domo Chemicals/Carmel Olefins/Domo Propylene JV) (
  1
  )

1

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 113/04 | Euro exchange rates | 5 |
| | NOTICES FROM MEMBER STATES |
| 2008/C 113/05 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 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 of agricultural products and amending Regulation (EC) No 70/2001 | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 113/04

Euro exchange rates

5

NOTICES FROM MEMBER STATES

2008/C 113/05

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 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 of agricultural products and amending Regulation (EC) No 70/2001

6

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2008/C 113/06 | Call for proposals under the work programme of the Artemis Joint Undertaking | 10 |
| 2008/C 113/07 | Call for proposals under the work programme of the ENIAC Joint Undertaking | 10 |
| 2008/C 113/08 | MEDIA 2007 — Call for proposals — EACEA/08/08 — Support for the implementation of Pilot Projects | 11 |
| 2008/C 113/09 | MEDIA 2007 — Call for proposals — EACEA/09/08 — Support to Video on Demand and Digital Cinema Distribution | 12 |
| | COURT PROCEEDINGS |
| | European Economic AreaEFTA Court |
| 2008/C 113/10 | Judgment of the Court of 14 December 2007 in Case E-3/07 — EFTA Surveillance Authority v The Republic of Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2002/88/EC of the European Parliament and of the Council relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery) | 13 |
| 2008/C 113/11 | Judgment of the Court of 14 December 2007 in Case E-5/06 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Article 4(1) and (2a) of Council Regulation (EEC) No 1408/71 — Social security benefits and special non-contributory benefits — Legal effect of Annex IIa to Regulation (EEC) No 1408/71 listing special non-contributory benefits — Decision No 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein) | 14 |
| 2008/C 113/12 | Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett in the Case of Olga Rindal v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad (Case E-11/07) | 15 |
| 2008/C 113/13 | Request for an Advisory Opinion from the EFTA Court by Oslo tingrett in the Case of Therese Slinning v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad (Case E-1/08) | 16 |
| 2008/C 113/14 | Judgment of the Court of 21 February 2008 in Case E-5/07 — Private Barnehagers Landsforbund v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority — Municipal kindergartens — State aid — Notion of undertaking — Decision not to raise objections — Initiation of the formal investigation procedure — Admissibility) | 17 |
| 2008/C 113/15 | Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland (Case E-2/08) | 18 |
| 2008/C 113/16 | Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland (Case E-3/08) | 19 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2008/C 113/17 | Notice of initiation of an anti-dumping proceeding concerning imports of wire rod originating in the People's Republic of China, the Republic of Moldova and Turkey | 20 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2008/C 113/18 | Prior notification of a concentration (Case COMP/M.5151 — Boeing/Alenia NA/GA) — Candidate case for simplified procedure (
  1
  ) | 25 |
| 2008/C 113/19 | Prior notification of a concentration (Case COMP/M.5167 — EMC/Iomega) — Candidate case for simplified procedure (
  1
  ) | 26 |
| 2008/C 113/20 | Prior notification of a concentration (Case COMP/M.5122 — ArcelorMittal/Borusan) — Candidate case for simplified procedure (
  1
  ) | 27 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2008/C 113/06

Call for proposals under the work programme of the Artemis Joint Undertaking

10

2008/C 113/07

Call for proposals under the work programme of the ENIAC Joint Undertaking

10

2008/C 113/08

MEDIA 2007 — Call for proposals — EACEA/08/08 — Support for the implementation of Pilot Projects

11

2008/C 113/09

MEDIA 2007 — Call for proposals — EACEA/09/08 — Support to Video on Demand and Digital Cinema Distribution

12

COURT PROCEEDINGS

European Economic AreaEFTA Court

2008/C 113/10

Judgment of the Court of 14 December 2007 in Case E-3/07 — EFTA Surveillance Authority v The Republic of Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2002/88/EC of the European Parliament and of the Council relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery)

(Failure by a Contracting Party to fulfil its obligations — Directive 2002/88/EC of the European Parliament and of the Council relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery)

13

2008/C 113/11

Judgment of the Court of 14 December 2007 in Case E-5/06 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Article 4(1) and (2a) of Council Regulation (EEC) No 1408/71 — Social security benefits and special non-contributory benefits — Legal effect of Annex IIa to Regulation (EEC) No 1408/71 listing special non-contributory benefits — Decision No 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein)

(Failure by a Contracting Party to fulfil its obligations — Article 4(1) and (2a) of Council Regulation (EEC) No 1408/71 — Social security benefits and special non-contributory benefits — Legal effect of Annex IIa to Regulation (EEC) No 1408/71 listing special non-contributory benefits — Decision No 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein)

14

2008/C 113/12

Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett in the Case of Olga Rindal v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad (Case E-11/07)

15

2008/C 113/13

Request for an Advisory Opinion from the EFTA Court by Oslo tingrett in the Case of Therese Slinning v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad (Case E-1/08)

16

2008/C 113/14

Judgment of the Court of 21 February 2008 in Case E-5/07 — Private Barnehagers Landsforbund v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority — Municipal kindergartens — State aid — Notion of undertaking — Decision not to raise objections — Initiation of the formal investigation procedure — Admissibility)

(Action for annulment of a decision of the EFTA Surveillance Authority — Municipal kindergartens — State aid — Notion of undertaking — Decision not to raise objections — Initiation of the formal investigation procedure — Admissibility)

17

2008/C 113/15

Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland (Case E-2/08)

18

2008/C 113/16

Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland (Case E-3/08)

19

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2008/C 113/17

Notice of initiation of an anti-dumping proceeding concerning imports of wire rod originating in the People's Republic of China, the Republic of Moldova and Turkey

20

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2008/C 113/18

Prior notification of a concentration (Case COMP/M.5151 — Boeing/Alenia NA/GA) — Candidate case for simplified procedure (
  1
  )

1

25

2008/C 113/19

Prior notification of a concentration (Case COMP/M.5167 — EMC/Iomega) — Candidate case for simplified procedure (
  1
  )

1

26

2008/C 113/20

Prior notification of a concentration (Case COMP/M.5122 — ArcelorMittal/Borusan) — Candidate case for simplified procedure (
  1
  )

1

27

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 8.5.2008 | EN | Official Journal of the European Union | C 113/1 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 113/01)

| Date of adoption of the decision | 11.3.2008 |
| --- | --- |
| Reference number of the aid | N 412/07 |
| Member State | Italy |
| Region | Piemonte |
| Title (and/or name of the beneficiary) | Progetto «Reduce Digital Divide» in Piemonte |
| Legal basis | D.L. n. 259 del 1o agosto 2003; Delibera Regionale n. 59-3084 del 5 giugno 2006 e n. 40-2471 del 28 marzo 2006 |
| Type of measure | Aid scheme |
| Objective | Sectoral development |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 3,806 million
  Overall budget: EUR 3,806 million |
| Intensity | 80 % |
| Duration | 30.1.2008-31.7.2008 |
| Economic sectors | Post and telecommunications |
| Name and address of the granting authority | Regione Piemonte |
| Other information | — |

Date of adoption of the decision

11.3.2008

Reference number of the aid

N 412/07

Member State

Italy

Region

Piemonte

Title (and/or name of the beneficiary)

Progetto «Reduce Digital Divide» in Piemonte

Legal basis

D.L. n. 259 del 1o agosto 2003; Delibera Regionale n. 59-3084 del 5 giugno 2006 e n. 40-2471 del 28 marzo 2006

Type of measure

Aid scheme

Objective

Sectoral development

Form of aid

Direct grant

Budget

Annual budget: EUR 3,806 million

Overall budget: EUR 3,806 million

Intensity

80 %

Duration

30.1.2008-31.7.2008

Economic sectors

Post and telecommunications

Name and address of the granting authority

Regione Piemonte

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/community_law/state_aids/

| Date of adoption of the decision | 31.3.2008 |
| --- | --- |
| Reference number of the aid | N 687/07 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Uitbreiding van de CO2-reductierregeling in de vervoersector |
| Legal basis | HDZJ/S&W/2007, Regeling tot wijziging van de Subsidieregeling CO2-reductie verkeer en vervoer met het oog op het wijzigen van de vervaldatum |
| Type of measure | Aid scheme |
| Objective | Protection of the environment (transport sector) |
| Form of aid | Investment grants |
| Budget | EUR 1,85 million (increase of the budget compared to the initial scheme) |
| Intensity | 30 % gross (40 % for SMEs) |
| Duration | January 2008-December 2008 |
| Economic sectors | Mainly transport fuel distribution sector |
| Name and address of the granting authority | Ministerie van Verkeer en Waterstaat |
| Postbus 20901 |
| 2500 EX Den Haag |
| Nederland |

Date of adoption of the decision

31.3.2008

Reference number of the aid

N 687/07

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Uitbreiding van de CO2-reductierregeling in de vervoersector

Legal basis

HDZJ/S&W/2007, Regeling tot wijziging van de Subsidieregeling CO2-reductie verkeer en vervoer met het oog op het wijzigen van de vervaldatum

Type of measure

Aid scheme

Objective

Protection of the environment (transport sector)

Form of aid

Investment grants

Budget

EUR 1,85 million (increase of the budget compared to the initial scheme)

Intensity

30 % gross (40 % for SMEs)

Duration

January 2008-December 2008

Economic sectors

Mainly transport fuel distribution sector

Name and address of the granting authority

Ministerie van Verkeer en Waterstaat

Postbus 20901

2500 EX Den Haag

Nederland

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/community_law/state_aids/

| Date of adoption of the decision | 26.3.2008 |
| --- | --- |
| Reference number of the aid | N 80/08 |
| Member State | Italy |
| Region | — |
| Title (and/or name of the beneficiary) | Proroga di un regime di riduzione degli oneri sociali a carico del datore di lavoro nel settore del cabotaggio marittimo per il 2008 |
| Legal basis | Art. 2, comma 221, della legge 24 dicembre 2007, n. 244 «Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato (legge finanziaria 2008)» GU n. 300 del 2 dicembre 2007 |
| Type of measure | Aid scheme |
| Objective | To improve the competitiveness of the Italian ship owners operating cabotage services in Italy |
| Form of aid | Reduction of social security contributions |
| Budget | EUR 20 million |
| Intensity | 50 % |
| Duration | 1 year |
| Economic sectors | Maritime transport |
| Name and address of the granting authority | Ministero dei Trasporti |
| Other information | Decision not to raise any objections to the measure as it is compatible with Article 87(3)(c) of the EC Treaty and the Community Guidelines on State aid in the maritime transport sector |

Date of adoption of the decision

26.3.2008

Reference number of the aid

N 80/08

Member State

Italy

Region

—

Title (and/or name of the beneficiary)

Proroga di un regime di riduzione degli oneri sociali a carico del datore di lavoro nel settore del cabotaggio marittimo per il 2008

Legal basis

Art. 2, comma 221, della legge 24 dicembre 2007, n. 244 «Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato (legge finanziaria 2008)» GU n. 300 del 2 dicembre 2007

Type of measure

Aid scheme

Objective

To improve the competitiveness of the Italian ship owners operating cabotage services in Italy

Form of aid

Reduction of social security contributions

Budget

EUR 20 million

Intensity

50 %

Duration

1 year

Economic sectors

Maritime transport

Name and address of the granting authority

Ministero dei Trasporti

Other information

Decision not to raise any objections to the measure as it is compatible with Article 87(3)(c) of the EC Treaty and the Community Guidelines on State aid in the maritime transport sector

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/4 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/4

---

Non-opposition to a notified concentration

(Case COMP/M.5014 — EQT/SAG)

(Text with EEA relevance)

(2008/C 113/02)

On 13 February 2008, 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 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, |
| --- | --- |

—

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 32008M5014. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5014. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

| 8.5.2008 | EN | Official Journal of the European Union | C 113/4 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/4

---

Non-opposition to a notified concentration

(Case COMP/M.5089 — Domo Chemicals/Carmel Olefins/Domo Propylene JV)

(Text with EEA relevance)

(2008/C 113/03)

On 25 April 2008, 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 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, |
| --- | --- |

—

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 32008M5089. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5089. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 8.5.2008 | EN | Official Journal of the European Union | C 113/5 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/5

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Euro exchange rates (1)

7 May 2008

(2008/C 113/04)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,5430 |
| JPY | Japanese yen | 162,55 |
| DKK | Danish krone | 7,4623 |
| GBP | Pound sterling | 0,78865 |
| SEK | Swedish krona | 9,2953 |
| CHF | Swiss franc | 1,6300 |
| ISK | Iceland króna | 118,50 |
| NOK | Norwegian krone | 7,8545 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,142 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 252,03 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6977 |
| PLN | Polish zloty | 3,4229 |
| RON | Romanian leu | 3,6588 |
| SKK | Slovak koruna | 32,050 |
| TRY | Turkish lira | 1,9310 |
| AUD | Australian dollar | 1,6312 |
| CAD | Canadian dollar | 1,5462 |
| HKD | Hong Kong dollar | 12,0276 |
| NZD | New Zealand dollar | 1,9644 |
| SGD | Singapore dollar | 2,1063 |
| KRW | South Korean won | 1 587,75 |
| ZAR | South African rand | 11,6126 |
| CNY | Chinese yuan renminbi | 10,7811 |
| HRK | Croatian kuna | 7,2614 |
| IDR | Indonesian rupiah | 14 234,18 |
| MYR | Malaysian ringgit | 4,8921 |
| PHP | Philippine peso | 65,724 |
| RUB | Russian rouble | 36,7100 |
| THB | Thai baht | 48,979 |
| BRL | Brazilian real | 2,5652 |
| MXN | Mexican peso | 16,2354 |

Currency

Exchange rate

USD

US dollar

1,5430

JPY

Japanese yen

162,55

DKK

Danish krone

7,4623

GBP

Pound sterling

0,78865

SEK

Swedish krona

9,2953

CHF

Swiss franc

1,6300

ISK

Iceland króna

118,50

NOK

Norwegian krone

7,8545

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,142

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

252,03

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6977

PLN

Polish zloty

3,4229

RON

Romanian leu

3,6588

SKK

Slovak koruna

32,050

TRY

Turkish lira

1,9310

AUD

Australian dollar

1,6312

CAD

Canadian dollar

1,5462

HKD

Hong Kong dollar

12,0276

NZD

New Zealand dollar

1,9644

SGD

Singapore dollar

2,1063

KRW

South Korean won

1 587,75

ZAR

South African rand

11,6126

CNY

Chinese yuan renminbi

10,7811

HRK

Croatian kuna

7,2614

IDR

Indonesian rupiah

14 234,18

MYR

Malaysian ringgit

4,8921

PHP

Philippine peso

65,724

RUB

Russian rouble

36,7100

THB

Thai baht

48,979

BRL

Brazilian real

2,5652

MXN

Mexican peso

16,2354

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 8.5.2008 | EN | Official Journal of the European Union | C 113/6 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/6

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 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 of agricultural products and amending Regulation (EC) No 70/2001

(2008/C 113/05)

Aid No: XA 260/07

Member State: United Kingdom

Region: Scotland

Title of Aid scheme or name of company receiving an individual aid: Sheep Welfare Scheme

Legal basis: Section 4 of the Small Landholders (Scotland) Act 1911

Regulation (EC) No 1857/2006

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: 2007: under GBP 10 000 000

Maximum aid intensity: The aid will be limited to losses caused by disease for which an outbreak has been formally recognised by public authorities and will not exceed 100 % of the costs associated with dealing with the requirements of the scheme

Date of implementation: 15.10.2007 (or sooner if possible)

Duration of scheme or individual aid award: The scheme will run for ten weeks and will close on the 21.12.2007

Objective of aid: The Sheep Welfare Scheme will be open to Scottish farmers facing animal welfare problems as a result of export restrictions imposed following the outbreak of foot and mouth disease in the United Kingdom. Producers will be responsible for transporting eligible animals (namely light lambs under 25 kg live weight) to collection centres. The operators of the collection centres will pay GBP 15 per head for eligible animals. The animals will not enter the human food chain but will be transported to abattoirs for slaughter and subsequent disposal. Competitive tendering will be used to provide these services on behalf of the Scottish Government. This complies with Article 10 of Regulation (EC) No 1857/2006 where the aid must be limited to losses caused by diseases for which an outbreak has been formally recognised by public authorities

Eligible costs: Under the Sheep Welfare Scheme, operators of collection centres will be paid a total of GBP 15 per head for each eligible animal. In addition, the operators of collection centres, abattoirs and renderers/incinerators will be paid for the services involved in running the collection centres, transport, slaughtering, rendering and incineration; these costs will be determined by competitive tender. This complies with Article 10 of Regulation (EC) No 1857/2006 where the gross aid intensity must not exceed 100 % and that the aid will be to compensate for income losses due to quarantine obligations

Sector(s) concerned: The scheme applies to the light lamb sector of the farming industry

Name and address of the granting authority:

| Scottish Government |
| --- |
| Pentland House |
| 47 Robb's Loan |
| Edinburgh EH14 1TY |
| United Kingdom |
| Contact Aileen Bearhop |
| Tel. (44-131) 244 64 03 |

Scottish Government

Pentland House

47 Robb's Loan

Edinburgh EH14 1TY

United Kingdom

Contact Aileen Bearhop

Tel. (44-131) 244 64 03

Website: www.scotland.gov.uk/sheepwelfarescheme

Signed and dated on behalf of the Department for Environment, Food and Rural Affairs (UK competent authority)

Duncan Kerr

Agricultural State Aid

Department for Environment, Food and Rural Affairs

Area 8D, 9 Millbank

C/o Nobel House

17 Smith Square

Westminster

London SW1P 3JR

United Kingdom

Aid No: XA 261/07

Member state: United Kingdom

Region: South East of England

Title of Aid Scheme: The South East Collaboration Advisory Service

Legal Basis: Section 5 of the Regional Development Agencies Act 1998

Expenditure planned under the scheme:

| | 1 November 2007-31 March 2008: GBP 45 000 |
| --- | --- |

1 November 2007-31 March 2008: GBP 45 000

| | 1 April 2008-31 March 2009: GBP 60 000 |
| --- | --- |

1 April 2008-31 March 2009: GBP 60 000

| | 1 April 2009-31 March 2010: GBP 60 000 |
| --- | --- |

1 April 2009-31 March 2010: GBP 60 000

| | 1 April 2010-31 March 2011: GBP 70 000 |
| --- | --- |

1 April 2010-31 March 2011: GBP 70 000

| | 1 April 2011-31 October 2011: GBP 40 000 |
| --- | --- |

1 April 2011-31 October 2011: GBP 40 000

Maximum aid intensity: The aid intensity for technical support measure will be up to 100 % in accordance with Article 15 of Regulation (EC) No 1857/2006

Date of implementation: The scheme will start on 1.11.2007

Duration of scheme: The scheme will begin on 1.11.2007 and the scheme will close on 31.10.2011. The final payment will be made on 31.10.2011

Objective of aid: Sectoral development. The scheme will provide an information and advice service for farmers, farmer controlled businesses (FCBs) and other businesses within the agricultural supply chain in the South East of England.

The scheme will provide advice on collaboration, to improve farm business performance and efficiency and help improve the marketing of agricultural produce.

The aid will be provided in line with Article 15 of Regulation (EC) No 1857/2006 and the eligible costs will be consultancy services.

It should also be noted that there will be no direct payment to producers this is in line with Article 15

Sector(s) concerned: The scheme applies to the production of agricultural products

Name and address of the granting authority:

| SEEDA |
| --- |
| SEEDA Chatham Maritime |
| The Observatory |
| Brunel |
| Chatham Maritime |
| Kent ME4 4NT |
| United Kingdom |

SEEDA

SEEDA Chatham Maritime

The Observatory

Brunel

Chatham Maritime

Kent ME4 4NT

United Kingdom

Website: www.seeda.co.uk

Information on this scheme can be accessed via the UK's central web listing for exempted agricultural State aid schemes:

http://defraweb/farm/policy/state-aid/setup/exist-exempt.htm

http://www.effp.com/x1907.xml

Then click on South East of England — Collaborative Advisory Service

Other information: Aid for agricultural processing and marketing and non-agricultural business activities will be provided in accordance with Regulation (EC) No 1998/2006 which governs the granting of de minimis aid. De minimis aid is specific category of aid which does not require authorisation by the European Commission. Such support is limited to EUR 200 000 (approximately GBP 120 000) over three years for each business and can cover any type of activity.

The service provider for this scheme is English Farming and Food Partnerships who were chosen and will be remunerated on the basis of market principle in line with Article 15(3) of Regulation (EC) No 1857/2006.

Signed and dated on behalf of the Department for Environment, Food and Rural Affairs (UK competent authority)

Duncan Kerr

Agricultural State Aid

Department for Environment, Food and Rural Affairs

Area 8D, 9 Millbank

C/o Nobel House

17 Smith Square

Westminster

London SW1P 3JR

United Kingdom

Aid No: XA 262/07

Member State: Federal Republic of Germany

Region: Rheinland-Pfalz

Title of aid scheme: Förderung der privaten Beratung in der Landwirtschaft

Legal basis: Verwaltungsvorschrift des Ministeriums für Wirtschaft, Verkehr, Landwirtschaft und Weinbau

Annual expenditure planned under the scheme: EUR 700 000 from 2008

Maximum aid intensity: Up to 80 % of proven consultancy costs

Date of implementation: From 1.11.2007

Duration of scheme: Up to 1.12.2013

Objective of aid: The funding covers consultancy services (not including routine consultancy services) on agricultural holdings in primary production. The objective of the consultancy services is to enhance enterprise skills and thus improve the farms' competitiveness and ensure that production meets high environmental, animal-welfare and quality standards.

The scheme is based on Article 15(2) of Regulation (EC) No 1857/2006 (Provision of technical support in the agricultural sector)

Sector(s) concerned: All agricultural production sectors

Name and address of the granting authority:

| Aufsichts- und Dienstleistungsdirektion (ADD) |
| --- |
| Willy-Brandt-Platz 3 |
| D-54290 Trier |

Aufsichts- und Dienstleistungsdirektion (ADD)

Willy-Brandt-Platz 3

D-54290 Trier

Website: The draft administrative Regulation can be found at the following address:

http://www.add.rlp.de/add/broker?uMen=73170f8c-20d1-2ffa-3b21-7113e9246ca9&uCon=a5e407a9-1158-411b-e592-6a90fb0e2236&uTem=7a370f23-4693-aefb-e592-613e9246ca93&_ic_overview=73170f8c-20d1-2ffa-3b21-7113e9246ca9

(by following ‘Medien-Download → Förderrichtlinien — Verwaltungsvorschrift)’

The final Land directives (administrative regulation, application forms, etc.), when issued, will be available at: www.add.rlp.de (under ‘Förderungen’)

Other information: —

Aid No: XA 434/07

Member State: Spain

Region: Castilla-La Mancha

Title of aid scheme: Ayudas para reposición de ganado bovino en explotaciones sometidas a programas comunitarios de erradicación de enfermedades de los animales, y que hayan sido objeto de vaciado sanitario en Castilla-La Mancha

Legal Basis: Orden de 23 de noviembre de 2007, de la Consejería de Agricultura, por la que se establecen las bases reguladoras para la reposición de ganado bovino en explotaciones sometidas a programas comunitarios de erradicación de enfermedades de los animales y que hayan sido objeto de vaciado sanitario en Castilla-La Mancha.

Resolución de 30 de octubre de 2007, de la Dirección General de Producción Agropecuaria, por la que se declara Zona de Especial Sensibilidad Sanitaria a tuberculosis bovina en determinados términos municipales de Castilla-La Mancha (publicado en el DOCM del 12 de noviembre de 2007)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 1 000 000

Maximum aid intensity: 20 %

Date of implementation:

Duration of scheme or individual aid award:

Objective of aid: To compensate farmers for losses caused by the slaughter of animals on their farms with aid for the replacement of cattle on farms covered by National Disease Eradication Programmes, and subject to depopulation in Special Health-Risk Areas in the Autonomous Community of Castile-La Mancha, in accordance with Article 10 of Regulation (EC) No 1857/2006

Sector(s) concerned: Cattle sector

Name and address of the granting authority:

| Consejería de Agricultura |
| --- |
| C/ Pintor Matías Moreno, no 4 |
| E-45071 Toledo |

Consejería de Agricultura

C/ Pintor Matías Moreno, no 4

E-45071 Toledo

Website: Provisionally:

www.jccm.es/agricul/paginas/ayudas/ganaderia/orden_ayudas_bovino_zess.pdf

After publication:

www.jccm.es/cgi-bin/docm.php3

Toledo,11 December 2007.

General technical secretariat

Signed: Rosa Natividad Zambudio

Aid No: XA 435/07

Member State: Federal Republic of Germany

Region: Freistaat Bayern

Title of aid scheme: Bezeichnung der Beihilferegelung: Grundsätze für die Förderung von Maßnahmen zur Verbesserung der genetischen Qualität landwirtschaftlicher Nutztiere in Bayern

Legal basis: Grundsätze für die Förderung von Maßnahmen zur Verbesserung der genetischen Qualität landwirtschaftlicher Nutztiere in Bayern

Annual expenditure planned under the scheme: EUR 17 million

Maximum aid intensity: Up to 70 % of the costs incurred

Date of implementation: Annual

Duration of scheme: Indefinite, first payment in 2008

Objective of aid: The aid is designed to support livestock breeding measures to maintain and improve genetic quality and genetic diversity. To this end, the service provider will carry out tests and collect and analyse data. The service provider will be paid at the market rate, with the costs covered partially by the aid and partially borne by the farmer. The cost of routine milk quality checks is not covered by the aid

Legal basis for aid: Article 16(1)(b) of Regulation (EC) No 1857/2006

Sector(s) concerned: Cattle, pig, sheep, goat and horse farming

Name and address of the granting authority:

| Bayerisches Staatsministerium für |
| --- |
| Landwirtschaft und Forsten, Ludwigstr. 2 |
| D-80539 München |

Bayerisches Staatsministerium für

Landwirtschaft und Forsten, Ludwigstr. 2

D-80539 München

Queries may be addressed to:

| Bayerisches Staatsministerium für |
| --- |
| Landwirtschaft und Forsten |
| Referat B 1 |
| Ludwigstr. 2 |
| D-80539 München |
| Tel. (49-089) /2182-2222 |

Bayerisches Staatsministerium für

Landwirtschaft und Forsten

Referat B 1

Ludwigstr. 2

D-80539 München

Tel. (49-089) /2182-2222

Website: http://www.stmlf.bayern.de/agrarpolitik/programme/26373/grunds.pdf

Other information: —

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V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 8.5.2008 | EN | Official Journal of the European Union | C 113/10 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/10

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Call for proposals under the work programme of the Artemis Joint Undertaking

(2008/C 113/06)

Notice is hereby given of the launch of a call for proposals under the work programme of the Artemis Joint Undertaking.

Proposals are invited for the following call:

ARTEMIS-2008-1.

Call documentation including deadline and budget is given in the call text, which is published on the following website:

http://artemis-ju.eu/call_2008

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/10 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/10

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Call for proposals under the work programme of the ENIAC Joint Undertaking

(2008/C 113/07)

Notice is hereby given of the launch of a call for proposals under the work programme of the ENIAC Joint Undertaking.

Proposals are invited for the following call:

ENIAC-2008-1.

Call documentation including deadline and budget is given in the call text, which is published on the following website:

http://eniac.eu

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/11 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/11

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MEDIA 2007

Call for proposals — EACEA/08/08

Support for the implementation of Pilot Projects

(2008/C 113/08)

1.   Objectives and description

This notice of a call for proposals is based on Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007).

The measures covered by the Decision include the implementation of Pilot Projects:

| 1. | Distribution: new ways of creating and distributing European content via non linear services. |
| --- | --- |

1.

Distribution: new ways of creating and distributing European content via non linear services.

| 2. | Open Media Production Environment. |
| --- | --- |

2.

Open Media Production Environment.

| 3. | Previously funded Projects: Projects which have received funding under a previous MEDIA Pilot Projects Call for Proposals. |
| --- | --- |

3.

Previously funded Projects: Projects which have received funding under a previous MEDIA Pilot Projects Call for Proposals.

2.   Eligible applicants

This notice is aimed at European companies whose activities contribute to the attainment of the above objectives.

Applicants must be established in one of the following countries:

| — | the 27 countries of the European Union, |
| --- | --- |

—

the 27 countries of the European Union,

| — | the EFTA countries, |
| --- | --- |

—

the EFTA countries,

| — | Switzerland, |
| --- | --- |

—

Switzerland,

| — | Croatia. |
| --- | --- |

—

Croatia.

3.   Budget and duration of projects

The total budget available is EUR 2 millions.

The financial contribution will take the form of a grant. The financial contribution awarded will in no event exceed 50 % of the eligible costs.

The maximum duration of the projects is 12 months.

4.   Deadline for submission of applications

Applications must be submitted to the Executive Agency (EACEA) no later than 7 July 2008.

5.   Further information

The full text of the call for proposals, together with the application forms, can be found at the following Internet address:

http://ec.europa.eu/information_society/media/newtech/pilot/index_en.htm

Applications must comply with all the terms of the guidelines and be submitted on the forms provided.

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/12 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/12

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MEDIA 2007

Call for proposals — EACEA/09/08

Support to Video on Demand and Digital Cinema Distribution

(2008/C 113/09)

1.   Objectives and description

This notice of a call for proposals is based on Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007).

The measures covered by the Decision include Video on Demand and Digital Cinema Distribution:

1.   Video on Demand: service enabling individuals to select audiovisual works from a central server for viewing on a remote screen by streaming and/or downloading.

2.   Digital Cinema Distribution: digital delivery (to an acceptable commercial standard) of ‘Core Content’, i.e. feature films, TV films or series (fiction, animation and documentary) to cinemas for theatrical exploitation (via hard disc, satellite, online ...).

2.   Eligible applicants

This notice is aimed at European companies whose activities contribute to the attainment of the above objectives.

Applicants must be established in one of the following countries:

| — | the 27 countries of the European Union, |
| --- | --- |

—

the 27 countries of the European Union,

| — | the EFTA countries, |
| --- | --- |

—

the EFTA countries,

| — | Switzerland, |
| --- | --- |

—

Switzerland,

| — | Croatia. |
| --- | --- |

—

Croatia.

3.   Budget and duration of projects

The total budget available is EUR 5,9 million.

The financial contribution will take the form of a grant. The financial contribution awarded will in no event exceed 50 % of the eligible costs.

The maximum duration of the projects is 18 months.

4.   Deadline for submission of applications

Applications must be submitted to the Executive Agency (EACEA) no later than 14 July 2008.

5.   Further information

The full text of the call for proposals, together with the application forms, can be found at the following Internet address:

http://ec.europa.eu/information_society/media/newtech/vod_dcc/index_en.htm

Applications must comply with all the terms of the guidelines and be submitted on the forms provided.

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COURT PROCEEDINGS

European Economic Area EFTA Court

| 8.5.2008 | EN | Official Journal of the European Union | C 113/13 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/13

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JUDGMENT OF THE COURT

of 14 December 2007

in Case E-3/07

EFTA Surveillance Authority v The Republic of Iceland

(Failure by a Contracting Party to fulfil its obligations — Directive 2002/88/EC of the European Parliament and of the Council relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery)

(2008/C 113/10)

In Case E-3/07, EFTA Surveillance Authority v The Republic of Iceland — application for a declaration that, by failing to adopt, within the time-limit prescribed, or to notify the EFTA Surveillance Authority of the adoption of, the measures necessary to implement the Act referred to at the second indent of point 1a of Chapter XXIV of Annex II to the EEA Agreement (Directive 2002/88/EC of the European Parliament and of the Council amending Directive 97/68/EC), as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 2 of that Act and Article 7 of the EEA Agreement, the Court, composed of: Carl Baudenbacher, President, Henrik Bull, Judge-Rapporteur, and Thorgeir Örlygsson, Judge, gave judgment on 14 December 2007, the operative part of which is as follows:

| 1. | Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement the Act referred to at the second indent of point 1a of Chapter XXIV of Annex II to the EEA Agreement (Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery), as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 2 of that Act and under Article 7 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement the Act referred to at the second indent of point 1a of Chapter XXIV of Annex II to the EEA Agreement (Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery), as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 2 of that Act and under Article 7 of the EEA Agreement.

| 2. | Orders the Republic of Iceland to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Republic of Iceland to bear the costs of the proceedings.

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/14 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/14

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JUDGMENT OF THE COURT

of 14 December 2007

in Case E-5/06

EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Article 4(1) and (2a) of Council Regulation (EEC) No 1408/71 — Social security benefits and special non-contributory benefits — Legal effect of Annex IIa to Regulation (EEC) No 1408/71 listing special non-contributory benefits — Decision No 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein)

(2008/C 113/11)

In Case E-5/06, EFTA Surveillance Authority v The Principality of Liechtenstein — application for a declaration that the Principality of Liechtenstein has failed to fulfil its obligations pursuant to Articles 19(1) and (2), 25(1) and 28(1) of the Act referred to at point 1 of Annex VI to the EEA Agreement (Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community), as adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of: Carl Baudenbacher, President, Henrik Bull, Judge-Rapporteur, and Thorgeir Örlygsson, Judge, gave judgment on 14 December 2007, the operative part of which is as follows:

| 1. | Declares that the Principality of Liechtenstein, by applying a requirement of residence for entitlement to the helplessness allowance, has failed to fulfil its obligations pursuant to Articles 19(1) and (2), 25(1) and 28(1) of the Act referred to at point 1 of Annex VI to the EEA Agreement (Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community) as adapted to the EEA Agreement by Protocol 1 thereto. |
| --- | --- |

1.

Declares that the Principality of Liechtenstein, by applying a requirement of residence for entitlement to the helplessness allowance, has failed to fulfil its obligations pursuant to Articles 19(1) and (2), 25(1) and 28(1) of the Act referred to at point 1 of Annex VI to the EEA Agreement (Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community) as adapted to the EEA Agreement by Protocol 1 thereto.

| 2. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/15 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/15

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Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett in the Case of Olga Rindal v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad

(Case E-11/07)

(2008/C 113/12)

A request has been made to the EFTA Court by a letter of 14 December 2007 from Borgarting lagmannsrett (Borgarting Court of Appeal), which was received at the Court Registry on 19 December 2007, for an Advisory Opinion in the case of Olga Rindal v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad, on the following questions:

| 1. | Is it compatible with Articles 36 and 37 of the EEA Agreement and Article 22 of Council Regulation (EEC) No 1408/71 to refuse coverage of expenses for treatment abroad which according to international medicine must be considered experimental or test treatment, when there is no entitlement to such treatment in the home State? |
| --- | --- |

1.

Is it compatible with Articles 36 and 37 of the EEA Agreement and Article 22 of Council Regulation (EEC) No 1408/71 to refuse coverage of expenses for treatment abroad which according to international medicine must be considered experimental or test treatment, when there is no entitlement to such treatment in the home State?

| 2. | Is it of significance for the answer to Question No 1 that the method of treatment itself is internationally recognised and documented, but where this only applies to other medical indications than those which the patient in question has? |
| --- | --- |

2.

Is it of significance for the answer to Question No 1 that the method of treatment itself is internationally recognised and documented, but where this only applies to other medical indications than those which the patient in question has?

| 3. | Is it compatible with Articles 36 and 37 of the EEA Agreement to refuse coverage of expenses for hospital treatment abroad if the patient in the home State can receive an offer of adequate medical treatment assessed according to accepted international methods within a medically justifiable time limit?
  Is it of significance for the answer to Question No 3 whether coverage of such expenses may be refused even if the treatment abroad is considered as possibly more advanced than the treatment in the home State? |
| --- | --- |

3.

Is it compatible with Articles 36 and 37 of the EEA Agreement to refuse coverage of expenses for hospital treatment abroad if the patient in the home State can receive an offer of adequate medical treatment assessed according to accepted international methods within a medically justifiable time limit?

Is it of significance for the answer to Question No 3 whether coverage of such expenses may be refused even if the treatment abroad is considered as possibly more advanced than the treatment in the home State?

| 4. | Is it of significance for the answers to the questions above whether:






  (a) | the home State as a matter of fact does not offer the treatment received abroad? |
| --- | --- | --- |

4.

Is it of significance for the answers to the questions above whether:

(a)

the home State as a matter of fact does not offer the treatment received abroad?

| (b) | the patient as a matter of fact has not been offered the treatment in question in the home State even if the treatment is offered there? |
| --- | --- |

(b)

the patient as a matter of fact has not been offered the treatment in question in the home State even if the treatment is offered there?

| (c) | the patient has been assessed in the home State, but has not been given the offer of further surgical treatment because the patient is not considered to get documented benefit from the treatment? |
| --- | --- |

(c)

the patient has been assessed in the home State, but has not been given the offer of further surgical treatment because the patient is not considered to get documented benefit from the treatment?

| (d) | the treatment given abroad actually resulted in an improvement of the specific patient's state of health? |
| --- | --- |

(d)

the treatment given abroad actually resulted in an improvement of the specific patient's state of health?

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/16 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/16

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Request for an Advisory Opinion from the EFTA Court by Oslo tingrett in the Case of Therese Slinning v the Norwegian State represented by the Board of Exemptions and Appeals for Treatment Abroad

(Case E-1/08)

(2008/C 113/13)

A request has been made to the EFTA Court by a letter of 16 January 2008 from Oslo tingrett (Oslo District Court), which was received at the Court Registry on 21 January 2008, for an Advisory Opinion in the case of Therese Slinning v the State represented by the Board of Exemptions and Appeals for Treatment Abroad, on the following questions:

| 1. | Is it compatible with Articles 36 and 37 of the EEA Agreement and Article 22 of Council Regulation (EEC) No 1408/71 to refuse coverage of expenses for treatment abroad which according to international medicine must be considered experimental or test treatment, when there is no entitlement to such treatment in the home State? |
| --- | --- |

1.

Is it compatible with Articles 36 and 37 of the EEA Agreement and Article 22 of Council Regulation (EEC) No 1408/71 to refuse coverage of expenses for treatment abroad which according to international medicine must be considered experimental or test treatment, when there is no entitlement to such treatment in the home State?

| 2. | Is it of significance for the answer to Question No 1 that the method of treatment in question must be considered to be implemented in the home State or the home State is considering its implementation in the future? |
| --- | --- |

2.

Is it of significance for the answer to Question No 1 that the method of treatment in question must be considered to be implemented in the home State or the home State is considering its implementation in the future?

| 3. | Is it compatible with Articles 36 and 37 of the EEA Agreement to refuse coverage of expenses for hospital treatment abroad if the patient in the home State can receive an offer of adequate medical treatment assessed according to accepted international methods within a medically justifiable time limit?
  Is it of significance for the answer to this question that:






  (a) | coverage of such expenses may be refused even if the treatment abroad is considered as possibly more advanced than the treatment in the home State? |
| --- | --- | --- |

3.

Is it compatible with Articles 36 and 37 of the EEA Agreement to refuse coverage of expenses for hospital treatment abroad if the patient in the home State can receive an offer of adequate medical treatment assessed according to accepted international methods within a medically justifiable time limit?

Is it of significance for the answer to this question that:

(a)

coverage of such expenses may be refused even if the treatment abroad is considered as possibly more advanced than the treatment in the home State?

| (b) | the patient, having decided to receive treatment abroad rather than an adequate treatment in the home State, does not get coverage for the costs of treatment abroad to the same extent as the treatment offered in the home State would have cost? |
| --- | --- |

(b)

the patient, having decided to receive treatment abroad rather than an adequate treatment in the home State, does not get coverage for the costs of treatment abroad to the same extent as the treatment offered in the home State would have cost?

| 4. | Is it of significance for the answers to the questions above whether:






  (a) | the patient as a matter of fact has not been offered the treatment in question in the home State which can be considered adequate treatment? |
| --- | --- | --- |

4.

Is it of significance for the answers to the questions above whether:

(a)

the patient as a matter of fact has not been offered the treatment in question in the home State which can be considered adequate treatment?

| (b) | the treatment given abroad actually led to an improvement of the specific patient's state of health? |
| --- | --- |

(b)

the treatment given abroad actually led to an improvement of the specific patient's state of health?

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/17 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/17

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JUDGMENT OF THE COURT

of 21 February 2008

in Case E-5/07

Private Barnehagers Landsforbund v EFTA Surveillance Authority

(Action for annulment of a decision of the EFTA Surveillance Authority — Municipal kindergartens — State aid — Notion of undertaking — Decision not to raise objections — Initiation of the formal investigation procedure — Admissibility)

(2008/C 113/14)

In Case E-5/07, Private Barnehagers Landsforbund v EFTA Surveillance Authority — application for the annulment of Decision No 39/07/COL of 27 February 2007 on public financing of municipal day-care institutions in Norway, the Court, composed of: Carl Baudenbacher, President and Judge-Rapporteur, Thorgeir Örlygsson, Judge, and Bjørg Ven, ad hoc Judge, gave judgment on 21 February 2008, the operative part of which is as follows:

‘THE COURT

hereby:

| 1. | Dismisses the application. |
| --- | --- |

1.

Dismisses the application.

| 2. | Orders the Applicant to pay the costs incurred by the Defendant.’. |
| --- | --- |

2.

Orders the Applicant to pay the costs incurred by the Defendant.’.

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| 8.5.2008 | EN | Official Journal of the European Union | C 113/18 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/18

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Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland

(Case E-2/08)

(2008/C 113/15)

An action against the Republic of Iceland was brought before the EFTA Court on 21 February 2008 by the EFTA Surveillance Authority, represented by Niels Fenger and Florence Simonetti, acting as agents.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

| 1. | by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 1a of Chapter XXIV of Annex II to the Agreement on the European Economic Area (Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 3 of that Act and Article 7 EEA; and |
| --- | --- |

1.

by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 1a of Chapter XXIV of Annex II to the Agreement on the European Economic Area (Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 3 of that Act and Article 7 EEA; and

| 2. | the Republic of Iceland be ordered to bear the costs of the proceedings. |
| --- | --- |

2.

the Republic of Iceland be ordered to bear the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present case concerns the non-implementation of an environmental protection directive. |
| --- | --- |

—

The present case concerns the non-implementation of an environmental protection directive.

| — | The EFTA Surveillance Authority pleads that the Government of Iceland has not provided any indication that it has implemented the directive into Icelandic law. |
| --- | --- |

—

The EFTA Surveillance Authority pleads that the Government of Iceland has not provided any indication that it has implemented the directive into Icelandic law.

| — | The EFTA Surveillance Authority pleads that the Government of Iceland has not disputed that it has not implemented the directive. |
| --- | --- |

—

The EFTA Surveillance Authority pleads that the Government of Iceland has not disputed that it has not implemented the directive.

---

| 8.5.2008 | EN | Official Journal of the European Union | C 113/19 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/19

---

Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland

(Case E-3/08)

(2008/C 113/16)

An action against the Republic of Iceland was brought before the EFTA Court on 21 February 2008 by the EFTA Surveillance Authority, represented by Niels Fenger and Florence Simonetti, acting as agents.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

| 1. | by failing to adopt the measures necessary to make the Act referred to at point 12u of Chapter XV of Annex II to the Agreement on the European Economic Area (Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA; and |
| --- | --- |

1.

by failing to adopt the measures necessary to make the Act referred to at point 12u of Chapter XV of Annex II to the Agreement on the European Economic Area (Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA; and

| 2. | the Republic of Iceland be ordered to bear the costs of the proceedings. |
| --- | --- |

2.

the Republic of Iceland be ordered to bear the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present case concerns an EC Regulation on detergents. |
| --- | --- |

—

The present case concerns an EC Regulation on detergents.

| — | Article 7 of the EEA Agreement states that:

  ‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:







  (a) | an act corresponding to an EEC Regulation shall as such be made part of the internal legal order of the Contracting Parties; |
| --- | --- | --- |

—

Article 7 of the EEA Agreement states that:

‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:

(a)

an act corresponding to an EEC Regulation shall as such be made part of the internal legal order of the Contracting Parties;

| (b) | an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’. |
| --- | --- |

(b)

an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’.

| — | The EFTA Surveillance Authority pleads that the Government of Iceland has failed to make the Regulation part of its internal legal order within the time prescribed. |
| --- | --- |

—

The EFTA Surveillance Authority pleads that the Government of Iceland has failed to make the Regulation part of its internal legal order within the time prescribed.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 8.5.2008 | EN | Official Journal of the European Union | C 113/20 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/20

---

Notice of initiation of an anti-dumping proceeding concerning imports of wire rod originating in the People's Republic of China, the Republic of Moldova and Turkey

(2008/C 113/17)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of wire rod, originating in the People's Republic of China, the Republic of Moldova and Turkey (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 25 March 2008 by Eurofer (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of wire rod.

2.   Product

The product allegedly being dumped is bars and rods, hot-rolled, in irregularly wound coils, of iron, non-alloy steel or alloy steel other than of stainless steel originating in the People's Republic of China, the Republic of Moldova and Turkey (‘the product concerned’), normally declared within CN codes 7213 10 00, 7213 20 00, 7213 91 10, 7213 91 20, 7213 91 41, 7213 91 49, 7213 91 70, 7213 91 90, 7213 99 10, 7213 99 90, 7227 10 00, 7227 20 00, 7227 90 10, 7227 90 50 and 7227 90 95. These CN codes are only given for information.

3.   Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for the People's Republic of China and the Republic of Moldova on the basis of the price in a market economy country, which is mentioned in point 5.1(d). The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.

The allegation of dumping in respect of Turkey is based on a comparison of normal value established on the basis of domestic prices, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China, the Republic of Moldova and Turkey have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held and the level of prices charged by the Community industry, resulting in substantial adverse effects on the financial situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China, the Republic of Moldova and Turkey is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

(i)   Sampling for exporters/producers in the People's Republic of China and Turkey

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

| — | name, address, e-mail address, telephone, and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product concerned manufactured by the company and sold for export to the Community during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned manufactured by the company and sold for export to the Community during the period 1 April 2007 to 31 March 2008,

| — | the turnover in local currency and the volume in tonnes of the product concerned manufactured by the company and sold on the domestic market during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned manufactured by the company and sold on the domestic market during the period 1 April 2007 to 31 March 2008,

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

—

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

| — | the names and the precise activities of all related companies (2) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (2) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

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

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

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

Since a company cannot be sure to be chosen for the sample, exporters/producers that wish to claim an individual margin (3) are advised to request a questionnaire within the deadline foreseen in point 6(a)(i) of this notice, and file it within the deadline foreseen in point 6(a)(ii) first paragraph of this notice. However, attention is drawn to the last sentence of point 5.1(b) of this notice.

(ii)   Sampling for importers

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

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the total turnover in euro of the company during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 April 2007 to 31 March 2008,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

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

—

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

| — | the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 April 2007 to 31 March 2008 of the imported product concerned originating in the People's Republic of China, the Republic of Moldova and Turkey, |
| --- | --- |

—

the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 April 2007 to 31 March 2008 of the imported product concerned originating in the People's Republic of China, the Republic of Moldova and Turkey,

| — | the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

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

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

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

(iii)   Sampling for Community producers

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

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

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the total turnover in euro of the company during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 April 2007 to 31 March 2008,

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

—

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

| — | the value in euro of sales of the product concerned made in the Community market during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the value in euro of sales of the product concerned made in the Community market during the period 1 April 2007 to 31 March 2008,

| — | the volume in tonnes of sales of the product concerned made in the Community market during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the volume in tonnes of sales of the product concerned made in the Community market during the period 1 April 2007 to 31 March 2008,

| — | the volume in tonnes of the production of the product concerned during the period 1 April 2007 to 31 March 2008, |
| --- | --- |

—

the volume in tonnes of the production of the product concerned during the period 1 April 2007 to 31 March 2008,

| — | the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

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

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

(iv)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China and Turkey, to exporters/producers in the Republic of Moldova, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, to known users and to the authorities of the exporting countries concerned.

Exporters/producers in the People's Republic of China and the Republic of Moldova who wish to claim an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(a)(i). However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose Brazil as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China and the Republic of Moldova. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).

(e)   Market economy treatment

For those exporters/producers in the People's Republic of China and the Republic of Moldova who claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in point 6(d). The Commission will send claim forms to all exporters/producers in the People's Republic of China and the Republic of Moldova who have either been included in the sample or named in the complaint and to any association of exporters/producers named in the complaint, as well as to the authorities of the People's Republic of China and the Republic of Moldova.

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire or other claim forms

All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. All exporters/producers concerned by this proceeding, who wish to apply for individual examination in accordance with Article 17(3) of the basic Regulation, must also submit a questionnaire reply within 40 days of the date of the publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

(i)

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

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

(ii)

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

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

(iii)

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

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Brazil which, as mentioned in point 5.1(d), is envisaged as a market economy country for the purpose of establishing normal value in respect of the People's Republic of China and the Republic of Moldova. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

(d)   Specific time limit for submission of claims for market economy and/or for individual treatment

Duly substantiated claims for market economy treatment (as mentioned in point 5.1(e)) and/or for individual treatment pursuant to Article 9(5) of the basic Regulation must reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate H |
| Office: J-79 4/23 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate H

Office: J-79 4/23

B-1049 Brussels

Fax (32-2) 295 65 05

8.   Non-cooperation

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

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

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.

10.   Processing of personal data

It is noted that 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 (5).

11.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of DG Trade (http://ec.europa.eu/trade).

---

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

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

(3)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample, Article 9(5) of the basic Regulation concerning individual treatment in cases involving non market economy countries/economies in transition, and Article 2(7)(b) of the basic Regulation for companies claiming market economy status. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation and that claims regarding market economy status necessitate an application pursuant to Article 2(7)(b) of the basic Regulation.

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

(5)  OJ L 8, 12.1.2001, p. 1.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 8.5.2008 | EN | Official Journal of the European Union | C 113/25 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/25

---

Prior notification of a concentration

(Case COMP/M.5151 — Boeing/Alenia NA/GA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 113/18)

| 1. | On 25 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which The Boeing Company (‘Boeing’, USA) and Alenia North America Inc. (‘Alenia NA’, USA), belonging to the Italian Finmeccanica group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Global Aeronautica LLC (‘GA’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 25 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which The Boeing Company (‘Boeing’, USA) and Alenia North America Inc. (‘Alenia NA’, USA), belonging to the Italian Finmeccanica group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Global Aeronautica LLC (‘GA’, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Boeing: commercial aircraft, defence and space industries, related services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Boeing: commercial aircraft, defence and space industries, related services,

| — | for Alenia NA: aircraft and aerostructures, |
| --- | --- |

—

for Alenia NA: aircraft and aerostructures,

| — | for GA: aerostructure pre-assembly, specifically fuselage sections for the Boeing 787 programme. |
| --- | --- |

—

for GA: aerostructure pre-assembly, specifically fuselage sections for the Boeing 787 programme.

| 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. |
| --- | --- |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5151 — Boeing/Alenia NA/GA, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5151 — Boeing/Alenia NA/GA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 8.5.2008 | EN | Official Journal of the European Union | C 113/26 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/26

---

Prior notification of a concentration

(Case COMP/M.5167 — EMC/Iomega)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 113/19)

| 1. | On 28 April 2008, 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 EMC Corporation (‘ECM’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Iomega Corporation (‘Iomega’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 28 April 2008, 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 EMC Corporation (‘ECM’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Iomega Corporation (‘Iomega’, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for EMC: provision of solutions to companies for storing, protecting and optimizing vast quantities of information, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EMC: provision of solutions to companies for storing, protecting and optimizing vast quantities of information,

| — | for Iomega: production of electronic portable storage devices for consumers and small businesses. |
| --- | --- |

—

for Iomega: production of electronic portable storage devices for consumers and small businesses.

| 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. |
| --- | --- |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5167 — EMC/Iomega, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5167 — EMC/Iomega, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 8.5.2008 | EN | Official Journal of the European Union | C 113/27 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/27

---

Prior notification of a concentration

(Case COMP/M.5122 — ArcelorMittal/Borusan)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 113/20)

| 1. | On 29 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which ArcelorMittal SA (‘AM’, Luxembourg) and Borusan Holdings A.S. (‘Borusan’, Turkey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a Joint Venture (‘JV’, Turkey) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 29 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which ArcelorMittal SA (‘AM’, Luxembourg) and Borusan Holdings A.S. (‘Borusan’, Turkey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a Joint Venture (‘JV’, Turkey) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:






  — | for AM: production of steel on a global basis, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for AM: production of steel on a global basis,

| — | for Borusan: steel, distribution, logistics, telecommunications, |
| --- | --- |

—

for Borusan: steel, distribution, logistics, telecommunications,

| — | for JV: hot strip steel production. |
| --- | --- |

—

for JV: hot strip steel production.

| 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. |
| --- | --- |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5122 — ArcelorMittal/Borusan, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5122 — ArcelorMittal/Borusan, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---