# Official Journal C 146/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 146 |
| | |
| English edition | Information and Notices | Volume 5112 June 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 146

English edition

Information and Notices

Volume 5112 June 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 146/01 | Euro exchange rates | 1 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2008/C 146/02 | Invitation to submit comments pursuant to Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement on State aid with regard to the tax exemption from the Norwegian CO2 tax on gas and LPG for the use of gas for purposes other than heating of buildings | 2 |
| 2008/C 146/03 | Medicinal products — List of marketing authorisations granted by the EEA EFTA States for the second half of 2007 | 13 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 146/01

Euro exchange rates

1

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2008/C 146/02

Invitation to submit comments pursuant to Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement on State aid with regard to the tax exemption from the Norwegian CO2 tax on gas and LPG for the use of gas for purposes other than heating of buildings

2

2

2008/C 146/03

Medicinal products — List of marketing authorisations granted by the EEA EFTA States for the second half of 2007

13

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2008/C 146/04 | Call for proposals — eParticipation 2008/1 | 24 |
| 2008/C 146/05 | Call for proposals — ENT/ERA/08/311 — Erasmus for young entrepreneurs | 26 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2008/C 146/06 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China | 27 |
| 2008/C 146/07 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China | 30 |
| 2008/C 146/08 | Notice of the impending expiry of certain anti-dumping measures | 33 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2008/C 146/09 | Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Cases COMP/B-1/39.388 — German Electricity Wholesale Market and COMP/B-1/39.389 — German Electricity Balancing Market (
  1
  ) | 34 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2008/C 146/04

Call for proposals — eParticipation 2008/1

24

2008/C 146/05

Call for proposals — ENT/ERA/08/311 — Erasmus for young entrepreneurs

26

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2008/C 146/06

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China

27

2008/C 146/07

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China

30

2008/C 146/08

Notice of the impending expiry of certain anti-dumping measures

33

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2008/C 146/09

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Cases COMP/B-1/39.388 — German Electricity Wholesale Market and COMP/B-1/39.389 — German Electricity Balancing Market (
  1
  )

1

34

| | Corrigenda |
| --- | --- |
| 2008/C 146/10 | Corrigendum to Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (OJ C 143, 10.6.2008) | 36 |

Corrigenda

2008/C 146/10

Corrigendum to Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (OJ C 143, 10.6.2008)

(OJ C 143, 10.6.2008)

36

| | |
| --- | --- |
| 2008/C 146/11 | Notice | s3 |

2008/C 146/11

Notice

Notice

s3

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

---

(1)   Text with EEA relevance

1

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

EN

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 12.6.2008 | EN | Official Journal of the European Union | C 146/1 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/1

---

Euro exchange rates (1)

11 June 2008

(2008/C 146/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,5515 |
| JPY | Japanese yen | 166,37 |
| DKK | Danish krone | 7,4591 |
| GBP | Pound sterling | 0,79145 |
| SEK | Swedish krona | 9,3571 |
| CHF | Swiss franc | 1,6117 |
| ISK | Iceland króna | 120,50 |
| NOK | Norwegian krone | 7,9900 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,400 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 247,01 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7022 |
| PLN | Polish zloty | 3,3740 |
| RON | Romanian leu | 3,6636 |
| SKK | Slovak koruna | 30,305 |
| TRY | Turkish lira | 1,9464 |
| AUD | Australian dollar | 1,6376 |
| CAD | Canadian dollar | 1,5777 |
| HKD | Hong Kong dollar | 12,1169 |
| NZD | New Zealand dollar | 2,0518 |
| SGD | Singapore dollar | 2,1297 |
| KRW | South Korean won | 1 598,43 |
| ZAR | South African rand | 12,3864 |
| CNY | Chinese yuan renminbi | 10,7339 |
| HRK | Croatian kuna | 7,2492 |
| IDR | Indonesian rupiah | 14 436,71 |
| MYR | Malaysian ringgit | 5,0765 |
| PHP | Philippine peso | 68,941 |
| RUB | Russian rouble | 36,7412 |
| THB | Thai baht | 51,359 |
| BRL | Brazilian real | 2,5435 |
| MXN | Mexican peso | 16,1581 |

Currency

Exchange rate

USD

US dollar

1,5515

JPY

Japanese yen

166,37

DKK

Danish krone

7,4591

GBP

Pound sterling

0,79145

SEK

Swedish krona

9,3571

CHF

Swiss franc

1,6117

ISK

Iceland króna

120,50

NOK

Norwegian krone

7,9900

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,400

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

247,01

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7022

PLN

Polish zloty

3,3740

RON

Romanian leu

3,6636

SKK

Slovak koruna

30,305

TRY

Turkish lira

1,9464

AUD

Australian dollar

1,6376

CAD

Canadian dollar

1,5777

HKD

Hong Kong dollar

12,1169

NZD

New Zealand dollar

2,0518

SGD

Singapore dollar

2,1297

KRW

South Korean won

1 598,43

ZAR

South African rand

12,3864

CNY

Chinese yuan renminbi

10,7339

HRK

Croatian kuna

7,2492

IDR

Indonesian rupiah

14 436,71

MYR

Malaysian ringgit

5,0765

PHP

Philippine peso

68,941

RUB

Russian rouble

36,7412

THB

Thai baht

51,359

BRL

Brazilian real

2,5435

MXN

Mexican peso

16,1581

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 12.6.2008 | EN | Official Journal of the European Union | C 146/2 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/2

---

Invitation to submit comments pursuant to Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement on State aid with regard to the tax exemption from the Norwegian CO2 tax on gas and LPG for the use of gas for purposes other than heating of buildings

(2008/C 146/02)

By means of Decision No 597/07/COL of 23 November 2007, reproduced in the authentic language on the pages following this summary, the EFTA Surveillance Authority initiated proceedings pursuant to Article 1(2) in Part I of Protocol 3 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (Surveillance and Court Agreement). The Norwegian authorities have been informed by means of a copy of the decision.

The EFTA Surveillance Authority hereby gives the EFTA States, EU Member States and interested parties notice to submit their comments on the measure in question within one month from the publication of this notice to:

| EFTA Surveillance Authority |
| --- |
| Registry |
| Rue Belliard 35 |
| B-1040 Brussels |

EFTA Surveillance Authority

Registry

Rue Belliard 35

B-1040 Brussels

The comments will be communicated to the Norwegian authorities. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

PROCEDURE

By letter dated 9 March 2007, the Norwegian authorities notified the Authority of a planned amendment to the CO2 tax on mineral products, pursuant to Article 1(3) of Part I of Protocol 3 to the Surveillance and Court Agreement. The Norwegian authorities intended to amend the CO2 tax in such a manner as to include taxation on natural gas and liquefied petroleum gas (hereafter LPG), on which no CO2 tax is currently levied.

After correspondence with the Norwegian authorities, the Authority has decided to open a formal investigation procedure with regard to the exemption from the tax for the use of gas for purposes other than the heating of buildings.

ASSESSMENT OF THE MEASURE

In Norway a CO2 tax is currently only levied on mineral oil and petrol. In the budget proposal for 2007, the Norwegian Government proposed to introduce a CO2 tax on gas and LPG, and this proposal was accepted by the Parliament, and further amended by St. prp. nr. 69 (2006-2007).

The new provision introduces an exemption for gas used for all purposes other than heating of houses and commercial buildings, as well as for the greenhouse industry. The objective of the measure is to prevent gas for heating from being preferred to more environmentally favourable alternatives, namely bio-energy.

The Norwegian authorities state that 94 % of the consumption of natural gas concerns purposes other than the heating of buildings. The main consumption of gas in Norway is for industrial uses, of which the manufacturing sector forms a dominant part. The Norwegian authorities claim that in practice only a very limited tax on the heating of buildings is introduced. For technical reasons relating to national law, the CO2 tax on gas and LPG was formally adopted as a general tax.

In the preliminary view of the Authority based on the information submitted by the Norwegian authorities, the Authority cannot exclude the possibility that the exemption from the CO2 tax on gas constitutes aid within the meaning of Article 61(1) of the EEA Agreement.

The Norwegian authorities argue that the limitation of the tax to the purpose of the heating of buildings is a general measure which is open to all undertakings and sectors. However, in the Authority's preliminary view the measure may de facto favour certain undertakings. This is due to the fact that the CO2 tax will be paid on their total gas consumption by those industries which do not engage in production processes, but mainly carry out their work in buildings, i.e. typically the service sector. Undertakings using gas in the production process will not be liable to taxation on the gas used for purposes other than heating buildings. The Authority is of the preliminary opinion that as a starting point all uses of gas are taxed under the Norwegian legislation. The Authority also does not consider that the reference to a particular use rather than referring to certain sectors automatically turns the exemption into a general measure and finds support for its view in cases by the European Court of Justice, where measures which essentially favoured a group of undertakings although formally being open to all operators were considered to be selective. The Authority will, however, also take into account during the formal investigation procedure that the Authority's Guidelines on the application of the State aid rules to direct business taxation stipulate that the fact that a measure benefits certain undertakings more than others does not necessarily speak in favour of a selective advantage. In this regard the Authority takes note of the European Commission's Decision regarding a Danish tax scheme (N 416/99) by which the taxation of household like consumption for undertakings was considered not to be State aid, even if the tax was mainly paid by the services sector.

In the Authority's view the logic of the tax exemption for purposes other than heating is not in line with the objectives of CO2 taxation in Norway. The Authority does not consider the purpose of reducing CO2 emissions, the encouragement of switchover to bio-energy, or taxation of household-related consumption to be adequate reasons for differentiating between sectors.

The Authority has doubts that these measures can be regarded as complying with Article 61(3)(c) of the EEA Agreement, in combination with the requirements laid down in the Chapter on aid for environmental protection of the Authority's State Aid Guidelines. In the present case no tax is paid on gas used for purposes other than the heating of buildings. Such a total tax exemption would only be possible if the aid recipients had concluded environmental agreements with Norway, which is not the case. A partial reduction of the tax would require that a significant part of the tax is paid. The tax exemption therefore cannot be justified under the Environmental Guidelines.

CONCLUSION

In light of the foregoing considerations, the Authority decided to open the formal investigation procedure in accordance with Article 1(2) of the EEA Agreement. Interested parties are invited to submit their comments within one month from publication of this decision in the Official Journal of the European Union.

EFTA SURVEILLANCE AUTHORITY DECISION

No 597/07/COL

of 23 November 2007

to initiate the procedure provided for in Article 1(2) of Part I of Protocol 3 to the Surveillance and Court Agreement with regard to the tax exemption from the Norwegian CO2 tax on gas and LPG for the use of gas for purposes other than heating of buildings

(Norway)

THE EFTA SURVEILLANCE AUTHORITY (1),

Having regard to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), in particular to Article 24 thereof,

Having regard to Article 1(2) of Part I and Articles 4(4) and 6 of Part II of Protocol 3 to the Surveillance and Court Agreement,

Having regard to the Authority's Guidelines (4) on the application and interpretation of Articles 61 and 62 of the EEA Agreement, and in particular the Chapter on Aid for Environmental Protection as well as the Chapter on the Application of the State Aid Rules to Measures relating to Direct Business Taxation,

Whereas:

I.   FACTS

1.   Procedure

By letter of 9 March 2007 from the Norwegian Ministry of Government Administration and Reform forwarding a letter from the Ministry of Finance dated 8 March 2007, both received and registered by the Authority on 9 March 2007 (Event No 412984), the Norwegian authorities notified a planned amendment to the CO2 tax on mineral products, pursuant to Article 1(3) of Part I of Protocol 3 to the Surveillance and Court Agreement. The Norwegian authorities intended to amend the CO2 tax in such a manner as to include taxation on natural gas and liquefied petroleum gas (hereafter LPG), on which no CO2 tax is currently levied.

By letter dated 26 April 2007 (Event No 418662), the Authority requested additional information.

By e-mail dated 30 May 2007, the Norwegian Mission to the European Union forwarded a letter dated 25 May 2007 from the Norwegian Ministry of Government Administration and Reform, enclosing a letter from the Ministry of Finance replying to the information request. The letters were received and registered by the Authority on 30 May 2007 (Event No 426435).

A further request for information was sent by the Authority on 11 July 2007 (Event No 425632). The Norwegian authorities replied to that request by letter from the Ministry of Government Administration and Reform dated 25 September 2007, forwarding a letter from the Ministry of Finance dated 24 September 2007. The letters were received and registered by the Authority on 25 September (Event No 443658).

2.   Description of the proposed measures

In their notification the Norwegian authorities inform the Authority of a proposed amendment of the CO2 tax on mineral products to include taxation of natural gas and LPG. In the following, the tax will be called ‘the CO2 tax on gas’, which is however to be understood as covering taxation of both natural gas and LPG.

2.1.   CO2 taxation in Norway

Currently, CO2 taxes in Norway are only levied on mineral oil and petrol. The Norwegian tax on CO2 is understood by the Norwegian authorities to be a tax on the consumption and emission of CO2
   (5), which is levied on the use of the products mentioned in the tax chapter. Both imported and domestic products are subject to the tax.

The CO2 tax is contained in a budgetary chapter concerning the environmental taxes levied on mineral products, with the title ‘Om miljøavgifter på mineralske produkter mv’. Heading A of this chapter deals with the CO2 tax on mineral products CO2 (avgift på mineralske produkter). Section A1 stipulates the levy of the tax on mineral oil and petrol. It reads as follows:

‘Fra 1. januar 2007 skal det i henhold til lov 19 mai 1933 nr. 11 om særavgifter betales CO2-avgift til statskassen på følgende mineralske produkter etter følgende satser: ...

| a) | Mineralolje: kr. 0,47 per liter (...). |
| --- | --- |

a)

Mineralolje: kr. 0,47 per liter (...).

| b) | Bensin: kr 0,80 per liter’, |
| --- | --- |

b)

Bensin: kr 0,80 per liter’,

that is:

‘From 1 January 2007, according to Act of 19 May 1933 No 11 regarding special duties, CO2 tax shall be paid to the Exchequer on the following mineral products at the following rates ...

| (a) | Mineral oil: NOK 0,47 per litre. |
| --- | --- |

(a)

Mineral oil: NOK 0,47 per litre.

| (b) | Petrol: NOK 0,80 per litre’ (6). |
| --- | --- |

(b)

Petrol: NOK 0,80 per litre’ (6).

Section A2 contains several exemptions from the tax, depending on the use of the product. Section A2.1 contains general exemptions for various activities, in particular the use of the mineral oil product as a raw material in the production process (Section A2 lit.1.c). Section A2.2 and Section A2.3 contain further exemptions relating to the use of mineral oil and petroleum respectively.

2.2.   Introduction of CO2 taxation on gas and LPG

No CO2 tax has so far been levied on gas. In the budget proposal for 2007, the Norwegian Government proposed an amendment to the relevant chapter of the budget, which was accepted by Parliament. The proposal contained in St. prp. nr. 1 (2006-2007), II A and B reads:

‘A.

Fra 1 juli 2007 gjøres følgende endringer:

§ 1 første ledd nye bokstaver c og d skal lyde:

| c) | Naturgass: kr. 0,47 pr. standardkubikkmeter. |
| --- | --- |

c)

Naturgass: kr. 0,47 pr. standardkubikkmeter.

| d) | LPG: kr. 0,60 pr. kg. |
| --- | --- |

d)

LPG: kr. 0,60 pr. kg.

B.

§2 første ledd ny nr. 4 skal lyde:

| 4. | Gass til annen bruk en oppvarming mv. i boliger og næringsbygg’. |
| --- | --- |

4.

Gass til annen bruk en oppvarming mv. i boliger og næringsbygg’.

that is:

‘A.

As of 1 July 2007 the following amendments shall apply:

In Section 1, first paragraph, new letters c and d shall read:

| (c) | Gas: NOK 0,47 per standard cubic metre. |
| --- | --- |

(c)

Gas: NOK 0,47 per standard cubic metre.

| (d) | LPG: NOK 0,60 per kilogram. |
| --- | --- |

(d)

LPG: NOK 0,60 per kilogram.

B.

Section 2, first paragraph, new number 4 shall read:

| | Gas used for purposes other than heating of houses and commercial buildings’. |
| --- | --- |

Gas used for purposes other than heating of houses and commercial buildings’.

By adding the letters (c) and (d) to Section 1, as referred to under A, a CO2 tax on gas is introduced. The new provision referred to under B introduces an exemption for gas used for all purposes other than heating of houses and commercial buildings.

2

The above exemption was later further amended by St. prp. nr. 69 (2006-2007). By these amendments, the Norwegian authorities intended to exempt the greenhouse industry. They consider this exemption to fall outside the scope of the EEA Agreement. In addition the newly formulated (c) should make the tax duty more precise by not limiting it to gas used for dwellings and commercial buildings, but extending it to cover all buildings.

The amended Section 2.4 now reads as follows:

‘§2 nr. 4 skal lyde:

‘§2 nr. 4 skal lyde:

Det gis fritak, refusjon eller ytes tilskudd for avgift på produkter til følgende anvendelseområder:

Det gis fritak, refusjon eller ytes tilskudd for avgift på produkter til følgende anvendelseområder:

| 4. | Gass til







  c) | Annen bruk enn oppvarming av bygg. |
| --- | --- | --- |

4.

Gass til

Gass til

c)

Annen bruk enn oppvarming av bygg.

Annen bruk enn oppvarming av bygg.

| d) | Vektsthusnæringen.’ |
| --- | --- |

d)

Vektsthusnæringen.’

Vektsthusnæringen.’

that is:

‘Section 2 nr. 4 shall read:

The following products are exempted from the tax, entitled to a refund or a grant for the tax in relation to the following fields of application:

| 4. | Gas for






  (c) | any use other than heating of buildings; |
| --- | --- | --- |

4.

Gas for

(c)

any use other than heating of buildings;

| (d) | greenhouse industry.’ |
| --- | --- |

(d)

greenhouse industry.’

In their notification, the Norwegian authorities describe the planned amendment as an ‘amendment of the CO2
  tax to include gas used as heating from 1 July 2007’. In the opinion of the Norwegian authorities this amendment does not concern an exemption from a general CO2 tax on gas, but merely the introduction of a very limited tax on the heating of buildings which does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement. The notification is therefore to be understood as a notification for legal certainty only.

amendment of the

2

tax to include gas used as heating from 1 July 2007

2

The Norwegian authorities state it is only for a technical reason that the CO2 tax on gas is adopted as a general tax; the control possibilities of the Customs and Excise Directorate are increased when working with a general tax. Only if a measure is adopted as a general tax, are all producers of taxable goods obliged to register with the authorities as being liable for the tax and keep accounts of their sales. Had the tax been adopted as a more limited tax on heating, no registration and no keeping of accounts would have been necessary for traders which sell the gas for purposes other than heating.

2

2.3.   The objective of the measure

The objective of the new tax on gas is described in the budget proposal for 2007, which refers to the so-called Soria Moria Statement (7):

7

‘Domestic use of gas is not subject to CO2 tax. From 2005 gas used in some industries is subject to the climate quota system concerning CO2. Other gas usages are not subject to means which incentivise the reduction of CO2, i.e. gas used in dwellings, industrial houses and mobile sources. In the Soria Moria statement it is announced that the Government will examine the CO2 tax to prevent that gas as heating is preferred to more environmental favourable alternatives’.

2.4.   National legal basis for the measure

The CO2 tax on gas was passed by Stortinget (the Parliament). The Government's proposal was put forward in St. prp. nr. 1 (2006-2007) Skatte-, avgifts- og tollvedtak and was adopted by the Parliament 28 November 2006.

2

Stortinget

Skatte-

avgifts- og tollvedtak

As explained above, Parliament's decision was then altered in connection with the Revised National Budget 2007 (8). This amendment concerned an exemption from the tax in favour of the greenhouse growing industry. In addition, the Government proposed to lay down in the Parliament's decision that gas for heating of all buildings are liable to tax, not only gas for residential houses and commercial buildings. The Government's proposal in St. prp. nr. 69 (2006-2007) was adopted by the Parliament on 15 June 2007.

8

In addition to the general decision by Parliament, there will be an amendment of the Regulation on Excise Duties (Forskrift om endring av Forskrift om særavgifter).

Forskrift om endring av Forskrift om særavgifter

The new Section 3-6-4 of the Regulation, which deals with an exemption from the tax for mineral oil which is exported, will now also explicitly exempt LPG. The exemption now reads that for petrol and LPG the threshold beyond which no tax will be levied is 400 litres or 150 kg. As natural gas is always exported in bulk, natural gas is not mentioned and no minimum threshold is applied here, i.e. it is always tax exempted.

Section 3-6-5 of the Regulation deals with the exemption from the CO2 tax for gas used for purposes other than heating. Section 3-6-5(1) states that gas which is used for other purposes than the heating of buildings, commercial buildings and other dwellings is tax exempted. The exemption does not cover any direct or indirect heating (9).

2

9

Gas which is used in units lower than 20 kg is exempted from the tax, see Section 3-6-5(2) of the Regulation.

Section 3-6-5(3) stipulates that registered companies may deliver gas without duty if the gas is to be used for a purpose which is exempted from duty. It is a condition for the exemption of duties that the buyer gives a statement about the use of the gas. If the gas is to be used for both tax liable and tax free purposes, a proportional distribution must be made according to the estimated use. The statement is valid for a period up to one year and must be retained as a record for 10 years. The person issuing the statement is responsible for the information being correct and complete. The tax is to be paid to the Customs and Excise Service (‘Toll- og Avgiftsetaten’). If gas bought tax free is used for a tax liable purpose, the tax has to be paid.

Toll- og Avgiftsetaten

2.5.   Beneficiaries of the tax exemption

The Norwegian authorities state that 94 % of the consumption of natural gas concerns purposes other than heating of buildings. The Norwegian authorities explicitly state that only a small percentage of domestic consumption is related to the heating of buildings because the main consumption of natural gas is for industrial purposes, of which the manufacturing sector forms a dominant part.

According to Statistics Norway, approximately 80 % of the net domestic consumption of gas is related to manufacturing, mining and quarrying. The Norwegian authorities present the following consumption tables for 2006:

Norwegian consumption of natural gas and liquefied gas in 2006

| | Natural gas Mill. Sm3 | Liquefied gas 100 t |
| --- | --- | --- |
| Net domestic consumption | 293 | 188 |
| Manufacturing, mining and quarrying | 245 | 151 |
| Energy intensive industry | 187 | 70 |
| Manufacture of paper and paper products | 10 | 3 |
| Mining, quarrying and other industries | 48 | 77 |
| Transport | 13 | 2 |
| Other sectors | 35 (10) | 35 |

Natural gas Mill. Sm3

3

Liquefied gas 100 t

Net domestic consumption

293

188

Manufacturing, mining and quarrying

245

151

Energy intensive industry

187

70

Manufacture of paper and paper products

10

3

Mining, quarrying and other industries

48

77

Transport

13

2

Other sectors

35 (10)

10

35

Net domestic consumption of natural gas, 2006 Mill. Sm3

3

| | Total |
| --- | --- |
| Total | 293 |
| Fishing and agriculture | 18 |
| Manufacturing, mining and quarrying | 244 (11) |
| Mining and quarrying | 7 |
| Manufacture of food products | 29 |
| Textile | 1 |
| Manufacture of pulp, paper and paper products | 10 |
| Manufacture of wood and products of wood | 0 |
| Manufacture of chemicals | 135 |
| Non metallic mineral products | 2 |
| Manufacture of basic metals | 52 |
| Other manufacturing industries | 9 |
| Construction | 0 |
| Services | 26 |
| Hotels and restaurants | 0 |
| Commodity trade | 1 |
| Land transport | 3 |
| Sea transport | 9 |
| Supporting and auxiliary transport, travel agencies | 1 |
| Business like services and property management | 1 |
| Public administration | 1 |
| Education | 1 |
| Health and social works | 8 |
| Cultural and personal services | 1 |
| Households | 4 |

Total

Total

293

Fishing and agriculture

18

Manufacturing, mining and quarrying

244 (11)

11

Mining and quarrying

7

Manufacture of food products

29

Textile

1

Manufacture of pulp, paper and paper products

10

Manufacture of wood and products of wood

0

Manufacture of chemicals

135

Non metallic mineral products

2

Manufacture of basic metals

52

Other manufacturing industries

9

Construction

0

Services

26

Hotels and restaurants

0

Commodity trade

1

Land transport

3

Sea transport

9

Supporting and auxiliary transport, travel agencies

1

Business like services and property management

1

Public administration

1

Education

1

Health and social works

8

Cultural and personal services

1

Households

4

The Norwegian authorities further state that half of the consumption of gas in the manufacturing sector concerns Statoil's methanol production plant Tjeldbergodden. Another large consumer is Hydro Aluminium for the manufacture of aluminium.

2.6.   Budget and duration

The Norwegian authorities have not indicated a duration or a budget for the tax exemption.

II.   ASSESSMENT

1.   Scope of the Decision

The Decision applies to the exemption from the CO2 tax on gas for uses of gas for purposes other than heating of buildings. In contrast, it does not apply to the similar exemption for the greenhouse growing industry given that this industry concerns goods falling outside the scope of products to which the provisions of the EEA Agreement apply, including those related to State aid (cf. Article 8(3) of the EEA Agreement). With regard to mining, the EEA Agreement applies to trade in coal and steel products, except where the bilateral Free Trade Agreement (12) contains specific provisions which have not been set aside by Protocol 14 to the EEA Agreement. Consequently, this Decision applies to the mining industry, without prejudice to the products which are still governed by the bilateral Free Trade Agreement and to which this decision does not apply (13).

2

12

13

2.   The presence of State aid

Article 61(1) of the EEA Agreement reads as follows:

‘Save as otherwise provided in this Agreement, any aid granted by EC Member States, EFTA States or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Contracting Parties, be incompatible with the functioning of this Agreement’.

2.1.   Presence of State resources

The aid measure must be granted by the State or through State resources. The Norwegian authorities plan to introduce a new tax for gas and an exemption from that tax for all purposes other than the heating of buildings. The granting of a tax exemption or reduction involves a loss of tax revenues which is equivalent to consumption of State resources in the form of fiscal (tax) expenditure, see point 3(3) of the Authority's State Aid Guidelines in relation to Business Taxation. In the case at hand, the exemption from the CO2 tax on gas for uses other than heating of buildings leads to a loss of revenue for the State.

2

2.2.   Favouring certain undertakings or the production of certain goods

The aid measure must be selective in that it favours, i.e. confers an advantage on, certain undertakings or the production of certain goods. The Norwegian authorities argue that the limitation of the tax to the heating of buildings is a general measure which is open to all undertakings and sectors. All sectors and undertakings using the gas to heat buildings are liable to the tax for this use, whereas sectors and undertakings which (also) use gas in the production process or for any other purpose than heating of buildings are not liable to taxation on the gas used for those other purposes. A manufacturer who also uses gas for the heating of e.g. administrative buildings would pay — as laid down in the Regulation on Excise Duties — the tax for that use in the same way as any other undertaking, whereas he would not be subject to any taxation for the gas used in the production process.

certain undertakings or the production of certain goods

As underlined by the Norwegian authorities, the Norwegian tax law does not create any explicit distinction between sectors. However, the existence of State aid is to be analysed according to the effects of a measure. The Authority is therefore of the opinion that it must also verify that the exemption in the Norwegian legislation will not have the effect of indirectly favouring certain sectors to the detriment of others. The above statistics (14) demonstrate that the consumption of gas in Norway is mainly for industrial purposes, notably manufacturing and mining, while the transport and the services sector play by comparison a lesser role in the consumption of gas. Hence, the existence of de facto sectoral aid must be investigated. Should this examination lead to the conclusion that the measure indeed concerns only certain undertakings or the production of certain goods, the exemption from the CO2 tax relieves the undertakings benefiting from it of charges which they would normally have to bear from their ordinary budget. The consequence could be that these undertaking receive an advantage within the meaning of Article 61(1) of the EEA Agreement.

14

de facto

2

The CO2 tax will not be paid on gas used in production processes. Therefore those who do not engage in production processes, but mainly carry out their work in buildings, i.e. typically the service sector, and private households, will pay the tax on the whole of their consumption of gas whereas undertakings using gas in the production process will not be liable to taxation for a substantial part of their gas consumption. In the Authority's preliminary view this may constitute a measure which de facto favours certain undertakings, namely undertakings in the manufacturing sector as well as in the transport sector, to the detriment of the service sector.

2

de facto

The arguments for whether the measure under examination is or is not selective are dealt with below.

2.2.1.   Introduction of a limited tax on the heating of buildings instead of a tax exemption from the CO2 tax

2

Norway considers the notified measure not an exemption from a CO2 tax on gas for certain sectors, but rather the introduction of a limited tax on the use of gas for the heating of buildings, i.e. the tax (on heating of buildings) is a burden for those on whom the tax is levied rather than an exemption and advantage for the many who consume gas in a way which is not subject to the tax. The Norwegian authorities underline that 94 % of the gas used in Norway is used for purposes other than heating, in other words only 6 % of the gas consumed will be taxed. According to the Norwegian authorities, the reality therefore is that natural gas is not subject to a CO2 tax.

2

2

The Authority has doubts as to whether it can agree to that argumentation. Firstly, the Norwegian authorities have not provided for a separate Section in the budget which introduced a new tax for the heating of buildings. On the contrary, gas is simply integrated as a new product in Section 1 of the budgetary chapter which contains a general CO2 tax on mineral products. The Norwegian authorities themselves stated in the original notification that the CO2 tax on gas is technically adopted as a general tax on gas.

2

2

general

Secondly, the relief from taxation for uses other than heating is put into the Section of the budgetary chapter which deals with exemptions from the taxation stipulated in Section A1, namely Section A2 of the budgetary chapter. Section A2 starts with the following wording ‘Det gis fritak, refusjon eller ytes tilskudd for avgift på produkter til følgende anvendelsesområder ...’, i.e. ‘the following products should be exempted from the tax, receive a refund or a grant for the following fields of application ...’. All the products and fields of application contained therein are to be understood as exemptions from the general tax contained in Section 1 of the budgetary chapter. The Authority has until now not been presented with compelling reasons for why the same classification as a tax exemption should not apply to the newly introduced Section A2.4, which deals with exempting certain uses of gas from taxation. The wording used in the newly introduced Section A2.4 is clear in that all uses other than heating of buildings are tax exempted or entitled to a refund or grant.

Det gis fritak, refusjon eller ytes tilskudd for avgift på produkter til følgende anvendelsesområder ...

Lastly, the choice of the Norwegian legislator was a deliberate one. As the Norwegian authorities have argued, the tax was adopted as a general tax on gas in order to give the tax authorities greater control possibilities. According to Section 5-1 of the Regulation on Excise Duties, producers of taxable goods are obliged to register with the Norwegian Customs and Excise Authorities as being liable for the tax and the registered companies are obliged to keep accounts. The Norwegian authorities argue that if the tax had been constructed as a limited tax on the heating of buildings, no registration and no keeping of accounts would be necessary for the traders selling gas for purposes other than heating of buildings and the control possibilities of the Customs and Excise Directorate would be reduced. This argumentation demonstrates that the adoption of a general tax on CO2 rather than a limited tax on the heating of buildings was deliberate.

2

That being said, the existence of State aid must be analysed according to its effects not the form a measure takes. It therefore seems appropriate to investigate further the claim of the Norwegian authorities.

2.2.2.   Exemption for purposes other than heating is a general measure open to all

The Norwegian authorities consider the tax exemption to be a general measure as all undertakings using gas for heating purposes will pay the tax, but all undertakings using gas in the production process or for any other purpose will not be liable to tax on the gas used for those other purposes.

The Authority notes as a starting point that all uses of gas are liable to the CO2 tax, which is a general tax on gas. However, as stated above, the existence of State aid must be analysed according to its effects, not the form a measure takes. Thus, given the explanation of the Norwegian authorities as to the increased control by the Customs and Excise Directorate in cases of general taxation, the Authority finds it appropriate, as noted above, to verify whether the apparent tax exemption is, in fact, a measure which applies generally to all undertakings using gas for the purposes of heating a building.

all

2

Nevertheless, even if this were the case, the Authority questions whether a measure which targets the ‘use’ of a product as being tax exempted may automatically be removed from the ambit of the State aid rules, as certain uses of energy will often be linked — as here the use of gas for production purposes — to certain sectors of industry. The Authority has doubts as to whether the fact that the commercial activity of one sector (the manufacturing sector) employs the product in a manner other than the described ‘use’ and is therefore exempted from the tax, whereas the commercial activity of another sector needs the product in question only for uses which are tax liable (due to the fact that the production process of this sector just consists in the use of heated office space) is a legitimate way to set the limits of a general measure.

The case law in this regard is not settled. Contrary to the situation leading to the judgment in Adria-Wien
   (15), the Norwegian legislation does not make an explicit distinction between types of undertaking or goods. In an older case concerning Italy, the Court of Justice considered that a bigger reduction of certain compulsory sickness insurance contributions for female than for male employees constituted an aid to sectors which employed more female workers (16). Similarly, in Gemo SA, a premium for the disposal of animal carcasses, which was formally applicable to all economic operators but which essentially benefited only a certain group of undertakings, was analysed as State aid (17). Regarding a preferential rate for exports, the Court found the measure to constitute State aid, despite the fact that it was open to all operators wishing to export (18). On the other hand, the Authority notes that in the Commission Decision relating to the British Climate Change Levy, only the exemptions to the general tax on non-domestic use of energy products for fuel purposes were notified. Indeed, ‘the introduction of environmental taxes on the consumption of electricity, coal and other solid fuel, gas and liquefied petroleum gas are not as such caught by Article 87 of the EC Treaty [...] in so far as they are general measures which do not favour particular firms or sectors of industry’ (19).

Adria-Wien

15

16

Gemo SA

17

18

the introduction of environmental taxes on the consumption of electricity, coal and other solid fuel, gas and liquefied petroleum gas are not as such caught by Article 87 of the EC Treaty [...] in so far as they are general measures which do not favour particular firms or sectors of industry

19

Moreover, the Authority's Guidelines on the application of the State aid rules to measures relating to direct business taxation stipulate (at point 3.1.) that tax measures which are open to all economic operators are in principle general measures, unless they are de facto reduced in scope. The Guidelines stipulate that measures pursuing general economic policy objectives through a reduction of the tax burden related to certain production costs will constitute general measures, i.e. measures designed to reduce the taxation of labour for all firms have a relatively greater effect on labour intensive industries than on capital intensive industries, without necessarily constituting State aid. The Authority finds it necessary to further investigate whether the Norwegian tax exemption is comparable to these situations.

Finally, the Authority notes the Commission's Decision regarding the Danish electricity reform (20), which was based on the principle that the full tax is paid on household consumption and on comparable consumption by companies. This meant that e.g. liberal professions, which typically have a electricity consumption comparable to that of households, would pay the tax. The levying of the tax was implemented using VAT criteria (companies with a VAT number would get a tax refund, typically the manufacturing sector). Certain companies, while having a VAT number, would still pay the tax, because their consumption was found to be more like that of private households. An annex to the Electricity Tax Act would list these companies. The Commission found this procedure to be in line with the Danish electricity tax logic (21).

20

21

The Norwegian authorities have not based themselves on that Danish decision nor reasoned the tax or the tax exemption in that manner. Instead of arguing the parallel with household consumption, the tax exemption is justified, according to the Norwegian authorities, by a desire to stimulate a switch to bio-energy. The Norwegian system does not attempt to create a system which ensures that the consumption of gas other than for industrial purposes is compared with ordinary household consumption and taxed in the same manner.

In this regard it should also be noted that the Danish system was subsequently considered to constitute State aid, as certain VAT registered companies which would receive a tax refund were favoured over certain other companies which likewise had a business-like consumption and therefore should have profited from the tax relief in the same way, i.e. the ‘household consumption’ logic was not followed in all cases (22).

22

The Authority does not exclude that the Norwegian system by stating that all purposes other than heating should not be tax liable, might be simpler and more coherent than the Danish system. However, the Authority will have to investigate further and the Norwegian authorities need to demonstrate that also the service sector can profit from the tax relief for that part of its commercial activity which does not consist in the heating of buildings. Likewise it would have to be ensured that the manufacturing sector would also include for the payment of the tax those buildings in which the production process takes place (administrative buildings are, according to the Norwegian authorities, in any event covered by the tax).

Based on the information available at this stage, the Authority cannot exclude that the tax exemption is a selective measure which would constitute State aid within the meaning of Article 61(1) of the EEA Agreement.

2.2.3.   Nature and scheme of the Norwegian tax system

As the Norwegian authorities are of the opinion that the tax is not materially selective, they do not put forward an explicit argumentation that the tax exemption for purposes other than the heating of buildings is within the nature and scheme of the Norwegian tax system. Nevertheless, according to Section 3.4 of the Authority's Guidelines on business taxation, certain differential measures whose economic rationale makes them necessary to the smooth functioning and effectiveness of the tax system might not constitute State aid. In such cases, the measure would no longer be considered selective (23).

23

Against this background, the Authority will examine below whether the logic underlying the tax exemption could justify a differentiation between sectors. As the exemption concerns a derogation from the CO2 tax, the Authority will try to establish the objective of this taxation which it considers to be the general system against which the logic of a derogation must be measured. In other words, the Authority will examine whether the logic of the tax exemption for purposes other than heating is in line with the objectives of the CO2 tax itself.

2

2

The CO2 tax on mineral products is to be found in a budgetary chapter bearing the heading ‘Environmental taxes’. This seems to suggest that the CO2 tax follows an environmental objective. Such an objective would be to create incentives, via taxation, to reduce CO2 emissions (24).

2

2

2

24

The Norwegian authorities indeed confirm that intention of the current CO2 tax on mineral oil is to put a price on the environmental damages caused by the use of taxed products and to encourage the use of other more environmental products. Given the fact that, as shown above, the CO2 tax on gas is integrated into the general taxation chapter on mineral products, one would assume that this new taxation follows the same logic, namely to serve an environmental purpose by creating incentives to reduce CO2 emissions. And yet, it is not obvious to the Authority how one can reconcile that environmental logic with a system that excludes certain sectors from taxation despite the fact that also these sectors should be able to reduce CO2 emissions by either curtailing the use of gas or switching to more environmentally friendly products.

2

mineral oil

2

2

2

The budgetary proposal for the introduction of the CO2 tax on gas as described above (25) demonstrates that certain industries — outside the service sector — indeed have incentives and the possibility to reduce CO2 emissions by being subject to the climate quota system concerning CO2. The climate quota system also covers parts of the manufacturing sector. Given that such a motivation of reducing CO2 emissions for the manufacturing sector is thereby acknowledged, it seems to be hardly compatible with the nature and scheme of the Norwegian tax system to relieve the production of goods from the CO2 taxation of gas. Moreover, in the Authority's opinion, the transport sector also has an incentive and possibility to reduce CO2 emissions.

2

25

2

2

2

2

2

The Norwegian authorities seem to accept that the manufacturing sector not only has possibilities to reduce CO2 emissions, but that incentives created to that end — e.g. via the emission trading system — can lead to a behavioural change. For Statoil, the largest consumer of gas in the manufacturing sector, the Norwegian authorities have explicitly acknowledged that the company has an incentive to reduce emissions from gas via the emission trading system (26). In addition, and contrary to the proposed CO2 tax on gas, the manufacturing sector is currently subject to the CO2 tax on mineral oil and petrol (27). The only exemption in this regard is when the mineral oil is used as a raw material in the production process, see Section A2d) of the budgetary chapter. Where mineral oil is used for other purposes (e.g. fuel) in the production process, it is subject to the CO2 tax. It is not easy to see the logic behind a taxation system on mineral products which exempts certain sectors from the taxation of one mineral product, namely gas, but not another, namely mineral oil. Both products are covered by the same legal provision establishing a general taxation on mineral products for environmental purposes. The same argument can be made for the transport sector, which in general is submitted to the mineral oil tax with the exception of certain situations like the use of mineral oil in domestic sea freight. Again, there does not seem to be any environmental reason why the transport sector should be subject to the CO2 tax on mineral oil, but not to a CO2 tax on gas.

2

26

2

2

27

2

2

2

The Norwegian authorities however argue that the logic behind the CO2 tax on gas is to be distinguished from the CO2 tax on mineral oil and petrol. The latter puts a price on the environmental damage caused by the use of the taxed products and encourages the use of other, more environmentally friendly, products. The tax is broad and general and the exemptions in the budgetary chapter, Section A2, are drafted very narrowly.

2

2

The Norwegian authorities argue that the CO2 tax on gas however follows another, more narrow purpose, namely to prevent that gas is preferred to more environmentally favourable alternatives such as bio-energy, which is not taxed. By putting a tax on the use of gas, the intention is to stimulate a switch to bio-energy. Consequently, the exemption is drafted in broad terms (28).

2

28

The Authority has doubts as to whether this argumentation justifies a differentiation between sectors. Firstly, it should be noted that the CO2 tax both on mineral oil and on gas is contained in the same budgetary chapter establishing a general CO2 tax. On this basis, it is hard to see why the CO2 tax on gas would follow a completely different logic.

2

2

2

Secondly, and more importantly, it should be noted that a reduction of CO2 emissions can be achieved either by reducing the use of the environmentally damaging product or by turning to more environmentally friendly alternatives. As cited above, with regard to the tax on mineral oil, the use of environmentally friendly alternatives is mentioned. Consequently to argue that the CO2 tax on gas is special and different from the CO2 tax on mineral oil in this respect seems difficult.

2

2

2

Lastly, the Authority is not convinced by the argument put forward by the Norwegian authorities that, in relation to gas for industrial purposes, a switchover possibility does not exist. The Norwegian authorities argue that in the production processes energy is used at high temperatures, whereas bio-energy is best used at low to medium temperatures. However, the Norwegian tax system does not draw a distinction along those lines. At least for the transport sector, the use of bio-energy seems possible as well as for parts of the manufacturing sector.

2.3.   Distortion of competition and effect on trade between Contracting Parties

The aid measure must distort competition and affect trade between the Contracting Parties.

The saved tax amounts strengthen the aid recipients' financial position compared with their competitors. As the undertakings are active on a large number of markets in which there is trade within the EEA, the tax exemption must also be considered to affect trade between the Contracting Parties.

2.4.   Conclusion

As all the criteria under Article 61(1) of the EEA Agreement seem to be fulfilled, the Authority has come to the preliminary conclusion that the exemption from the CO2 tax for all purposes other than the heating of buildings constitutes State aid within the meaning of Article 61(1) of the EEA Agreement.

2

3.   Procedural requirements

Pursuant to Article 1(3) of Part I of Protocol 3 to the Surveillance and Court Agreement, ‘the EFTA Surveillance Authority shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. [...]. The State concerned shall not put its proposed measures into effect until the procedure has resulted in a final decision’.

the EFTA Surveillance Authority shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. [...]. The State concerned shall not put its proposed measures into effect until the procedure has resulted in a final decision

By submitting the notification of the tax exemption from the CO2 taxation on gas by letter dated 9 March 2007 from the Norwegian Ministry of Government Administration and Reform, the Norwegian authorities have complied with the notification requirement. The Norwegian authorities confirmed that the tax and the tax exemptions are not implemented yet. In the interim, i.e. before the Authority's decision, a general tax exemption is in place, i.e. nobody, regardless of sector or use is paying the tax.

2

The Authority can therefore conclude that the Norwegian authorities have respected their obligations pursuant to Article 1(3) of Part I of Protocol 3 to the Surveillance and Court Agreement.

4.   Compatibility of the aid

Support measures caught by Article 61(1) of the EEA Agreement are generally incompatible with the functioning of the EEA Agreement, unless they qualify for a derogation in Article 61(2) or (3) of the EEA Agreement.

The derogation laid down in Article 61(2) is not applicable to the aid in question, which is not designed to achieve any of the aims listed in this provision.

The aid can also not be justified under Article 61(3)(a) of the EEA Agreement, which provides for regional support. As the aid is not given to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of Norway, Article 61(3)(b) of the EEA Agreement does not apply either.

The aid in question is not linked to any investment. It simply reduces the costs which companies would normally have to bear in the course of pursuing their day-to-day business activities and is consequently to be classified as operating aid. Operating aid is normally not considered suitable to facilitate the development of certain economic activities or of certain regions as provided for in Article 61(3)(c) of the EEA Agreement. However, operating aid can be allowed under the Authority's Environmental Guidelines if certain conditions are fulfilled.

According to Section D.3.2 of the Environmental Guidelines, EFTA States might deem it necessary to make provisions for temporary exemptions from environmental taxes notably because of the absence of harmonisation at European level or because of the temporary risks of a loss of international competitiveness. However, as can be seen from point 42 of the Environmental Guidelines, these exemptions constitute operating aid, which have to fulfil the requirements set out in the Guidelines.

Point 46.1 of the Environmental Guidelines provides that when an EFTA State, for environmental reasons, introduces a new tax in a sector of activity or on products in respect of which no corresponding European Community tax harmonisation exists or the tax exceeds that provided for in Community legislation, exemption decisions covering a ten year period may be justified:

| (a) | when these exemptions are either conditional on the conclusion of agreements between the EFTA State concerned and the recipient firms whereby the firms undertake to achieve environmental protection objectives; or |
| --- | --- |

(a)

when these exemptions are either conditional on the conclusion of agreements between the EFTA State concerned and the recipient firms whereby the firms undertake to achieve environmental protection objectives; or

| (b) | when the amount paid by the firms after the tax reduction remains higher than the Community minimum (where a Community tax exists — first indent) or constitutes a significant proportion of the national tax (where the tax does not correspond to a harmonised Community tax — second indent). |
| --- | --- |

(b)

when the amount paid by the firms after the tax reduction remains higher than the Community minimum (where a Community tax exists — first indent) or constitutes a significant proportion of the national tax (where the tax does not correspond to a harmonised Community tax — second indent).

The Norwegian CO2 tax exceeds the Community minimum, as the taxation on the Community level is 0 for LPG and EUR 0,15 per gigajoule calorific value for natural gas. Under the Norwegian tax the respective levels are NOK 0,60 (around EUR 0,08) per kilogram for LPG and NOK 0,47 per standard cubic metre (around EUR 0,06). The theoretical energy content in natural gas is 39,9 GJ/1 000 Sm3
   (29). The tax rate of NOK 0,47 per Sm3 is equivalent to a tax rate of NOK 11,78 per gigajoule of theoretical energy content (around EUR 1,43).

2

3

29

3

However, in the present case no tax is paid for purposes other than heating of buildings (i.e. no Community minimum). As can be seen from the above, such a total tax exemption would only be possible if the aid recipients had concluded environmental agreements with Norway, which is not the case. A partial reduction of the tax would require that the Community minimum is paid. The tax exemption therefore cannot be justified under the Environmental Guidelines.

5.   Conclusion

Based on the information submitted by the Norwegian authorities, the Authority cannot exclude the possibility that the exemption from the CO2 tax on gas constitutes aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority has doubts that these measures can be regarded as complying with Article 61(3)(c) of the EEA Agreement, in combination with the requirements laid down in the Chapter on aid for environmental protection of the Authority's State Aid Guidelines. The Authority thus doubts that the above measures are compatible with the functioning of the EEA Agreement.

2

Consequently, and in accordance with Article 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement, the Authority is obliged to open the procedure provided for in Article 1(2) of Part I of Protocol 3 to that Agreement. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question do not amount to State aid or are compatible with the functioning of the EEA Agreement.

In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) of Part I of Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision.

In light of the foregoing considerations, the Authority requires that, within one month of receipt of this decision, the Norwegian authorities provide all documents, information and data needed for assessment of the compatibility of the exemption from the CO2 tax on gas,

one month

2

HAS ADOPTED THIS DECISION:

Article 1

The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the tax exemption from the Norwegian CO2 tax on gas for gas and LPG used for purposes other than the heating of buildings.

2

Article 2

The Norwegian authorities are requested, pursuant to Article 6(1) of Part II of Protocol 3 to the Surveillance and Court Agreement, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision.

Article 3

The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, information and data needed for assessment of the compatibility of the aid measure.

Article 4

The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision.

Article 5

Other EFTA States, EC Member States, and interested parties shall be informed by the publishing of this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication.

Official Journal of the European Union

Article 6

This Decision is addressed to the Kingdom of Norway.

Article 7

Only the English version is authentic.

Done at Brussels, 23 November 2007.

For the EFTA Surveillance Authority

Per SANDERUD

President

Kristján Andri STEFÁNSSON

College Member

---

(1)  Hereinafter referred to as ‘the Authority’.

1

(2)  Hereinafter referred to as ‘the EEA Agreement’.

2

(3)  Hereinafter referred to as ‘the Surveillance and Court Agreement’.

3

(4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the EFTA Surveillance Authority on 19 January 1994, published in OJ L 231, 3.9.1994, EEA Supplement No 32, 3 September 1994. The Guidelines were last amended on 31 May 2007. Hereinafter referred to as ‘the State Aid Guidelines’.

4

(5)  Letter of 31 January 2002 from the Norwegian authorities in Case SAM070.001 — Environmental taxes.

5

(6)  This and other translations of Norwegian legislation found in the text have been done by the Authority.

6

(7)  The Soria Moria Statement is a policy statement drawn up by the three political parties forming the Norwegian Government.

7

(8)  See above, Section I-2.2 of this Decision.

8

(9)  As explained by the Norwegian authorities, that last sentence should be understood in the meaning of ‘heating of buildings’.

9

(10)  As can be concluded from the table below, this figure must include also the fishing and agricultural sector and the private households.

10

(11)  Figure given by the Norwegian authorities, should however, read 245.

11

(12)  Agreement between the Member States of the European Coal and Steel Community, of the one part, and the Kingdom of Norway, of the other part (OJ L 348, 27.12.1974, p. 17). This bilateral Free Trade Agreement remains in force after the expiry of the ECSC Treaty. The rights and obligations of this Agreement were transferred from the ECSC to the European Community as a result of the decision of the Conference of the Representatives of the Governments of the EC Member States from 19 July 2002. With the expiry of the ECSC Treaty in July 2002, the treatment in the Community of State aid to the ECSC steel sector was integrated into the general legal framework of the EC Treaty.

12

(13)  With regard to the steel sector, see Protocol 26 to the EEA Agreement in conjunction with Article 5 of Protocol 14 to the EEA Agreement. With regard to the other products, see Articles 1 and 2(1) of Protocol 14 to the EEA Agreement, as well as Article 1 and its Annex, which lists the products referred to in Article 1, of the bilateral Free Trade Agreement.

13

(14)  See Section I-2.5 of this Decision.

14

(15)  Case C-143/99, Adria-Wien Pipeline GmbH, Wietersdorfer & Peggauer Zementwerke GmbH and Finanzlandesdirektion für Kärnten [2001] ECR I-8365.

15

Adria-Wien Pipeline GmbH, Wietersdorfer & Peggauer Zementwerke GmbH and Finanzlandesdirektion für Kärnten

(16)  Case C-203/82, Italy v Commission [1983] ECR 2525.

16

Italy

Commission

(17)  Case C-126/01, Ministre de l'économie, des finances et de l'industrie and Gemo SA [2003] ECR I-13769.

17

Ministre de l'économie, des finances et de l'industrie

Gemo SA

(18)  Joined Cases 6 and 11-69, Commission v France [1969] ECR p. 523.

18

Commission

France

(19)  Commission Decision of 3 April 2002 on the dual-use exemption which the United Kingdom is planning to implement under the Climate Change Levy and the extended exemption for certain competing processes (OJ L 229, 27.8.2002, p. 15).

19

(20)  State aid N 416/99.

20

(21)  The case was not assessed as a ‘general v selective’ measure, but was justified by reference to point 16 of the Commission's Notice on Business taxation with a special reference to the logic of the Danish tax system.

21

(22)  State aid NN 75/04.

22

(23)  As can be seen from the EFTA Court's judgment in Joined Cases E-5/04, E-6/04 and E-7/04, Fesil and Finnfjord, the Kingdom of Norway, PIL and others v the EFTA Surveillance Authority [2005] EFTA Court Reports p. 117, the argument relating to the nature and scheme of the tax system is normally dealt with under the aspect of selectivity. See in this regard also Case C-143/99 Adria Wien, cited above at footnote 15, paragraph 42, which explicitly clarifies this point.

23

Fesil and Finnfjord

the Kingdom of Norway

PIL and others

the EFTA Surveillance Authority

Adria Wien

(24)  In the above mentioned letter of the Norwegian authorities of 31 January 2002 the CO2 tax is described as designed to produce environmental effects.

24

2

(25)  See Section I-2.3 of this Decision.

25

(26)  The question of the relation, if any, between the emission trading system and the CO2 taxation in general and whether the existence of an emission trading system could justify an exemption from the CO2 tax in order to avoid double payment for environmental pollution is the subject of another investigation (Case No 63030 — CO2
  tax exemption as a consequence of emission trading.

26

2

2

2

tax exemption as a consequence of emission trading

The above argument only examines whether incentives to reduce CO2 emissions also exist for sectors which use gas in the production process, but which are not covered by the newly introduced CO2 tax on gas. The fact that the manufacturing sector is subject to the climate change quota system indicates that such incentives do exist.

2

2

(27)  In one of their earlier submissions, the Norwegian authorities claimed that despite a different drafting of the exemptions, the CO2 tax on mineral oil and on gas are in practice the same, namely both limited to heating of buildings. The Authority would agree that the taxes follow the same environmental purpose, but notes that the exemptions are indeed quite different. In particular, as shown above, the exemption structure leads to a different taxation for the production of goods.

27

2

(28)  Letter dated 25 September 2007.

28

(29)  Information by the Norwegian authorities, source: Statistics Norway

29

http://www.ssb.no/english/subjects/01/03/10/energiregn_en

---

| 12.6.2008 | EN | Official Journal of the European Union | C 146/13 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/13

---

Medicinal products — List of marketing authorisations granted by the EEA EFTA States for the second half of 2007

(2008/C 146/03)

Subcommittee I — On the free movement of goods

To be noted by the EEA Joint Committee

With reference to EEA Joint Committee Decision No 74/1999 of 28 May 1999, the EEA Joint Committee is invited to note the following lists concerning marketing authorisations for medicinal products for the period 1 July-31 December 2007, at their meeting on 14 March 2008:

| Annex I | List of new marketing authorisations |
| --- | --- |
| Annex II | List of renewed marketing authorisations |
| Annex III | List of extended marketing authorisations |
| Annex IV | List of withdrawn marketing authorisations |
| Annex V | List of suspended marketing authorisations |

Annex I

List of new marketing authorisations

Annex II

List of renewed marketing authorisations

Annex III

List of extended marketing authorisations

Annex IV

List of withdrawn marketing authorisations

Annex V

List of suspended marketing authorisations

---

ANNEX I

List of new marketing authorisations

The following marketing authorisations have been granted in the EEA EFTA States during the period 1 July-31 December 2007:

| EU Number | Product | Country | Date of authorisation |
| --- | --- | --- | --- |
| EU/1/06/361/001 | Luminity | Liechtenstein | 31.12.2007 |
| EU/1/07/387/001-008 | Advagraf | Liechtenstein | 31.12.2007 |
| EU/1/07/391/001/NO-004/NO | Revlimid | Norway | 13.7.2007 |
| EU/1/07/391/001-004/IS | Revlimid | Iceland | 11.7.2007 |
| EU/1/07/392/001 | Circadin | Liechtenstein | 31.8.2007 |
| EU/1/07/392/001/IS | Circadin | Iceland | 8.8.2007 |
| EU/1/07/392/001/NO | Circadin | Norway | 15.8.2007 |
| EU/1/07/393/001/IS | Soliris | Iceland | 19.7.2007 |
| EU/1/07/393/001/NO | Soliris | Norway | 19.7.2007 |
| EU/1/07/394/001/NO-006/NO | Optaflu | Norway | 20.8.2007 |
| EU/1/07/395/001/NO-064/NO | Invega | Norway | 17.7.2007 |
| EU/1/07/395/001-064 | Invega | Liechtenstein | 31.8.2007 |
| EU/1/07/395/001-064/IS | Invega | Iceland | 20.7.2007 |
| EU/1/07/396/001/NO-003/NO | Pergoveris | Norway | 3.7.2007 |
| EU/1/07/396/001-003 | Pergoveris | Liechtenstein | 31.8.2007 |
| EU/1/07/396/001-003/IS | Pergoveris | Iceland | 20.7.2007 |
| EU/1/07/397/001 | Siklos | Liechtenstein | 31.8.2007 |
| EU/1/07/397/001/IS | Siklos | Iceland | 19.7.2007 |
| EU/1/07/397/001/NO | Siklos | Norway | 22.8.2007 |
| EU/1/07/398/001/NO-014/NO | Optimark | Norway | 20.8.2007 |
| EU/1/07/398/001-014 | OptiMark | Liechtenstein | 31.8.2007 |
| EU/1/07/398/001-014/IS | OptiMark | Iceland | 20.8.2007 |
| EU/1/07/399/001/NO-006/NO | Aerinaze | Norway | 22.8.2007 |
| EU/1/07/399/001-006 | Aerinaze | Liechtenstein | 31.8.2007 |
| EU/1/07/399/001-006/IS | Aerinaze | Iceland | 30.8.2007 |
| EU/1/07/400/001/NO-016/NO | Mircera | Norway | 3.9.2007 |
| EU/1/07/400/001-016/IS | Mircera | Iceland | 17.8.2007 |
| EU/1/07/401/001/NO-006/NO | Orlistat GSK | Norway | 20.8.2007 |
| EU/1/07/401/001-006 | Orlistat GSK | Liechtenstein | 31.8.2007 |
| EU/1/07/401/001-006/IS | Orlistat GSK | Iceland | 21.8.2007 |
| EU/1/07/402/001 | Increlex | Liechtenstein | 31.8.2007 |
| EU/1/07/402/001/IS | Increlex | Iceland | 31.8.2007 |
| EU/1/07/403/001 | Atriance | Liechtenstein | 31.10.2007 |
| EU/1/07/403/001/IS | Atriance | Iceland | 20.9.2007 |
| EU/1/07/403/001/NO | Atriance | Norway | 4.9.2007 |
| EU/1/07/404/001/NO-005/NO | Flebogammadif | Norway | 13.9.2007 |
| EU/1/07/404/001-005 | Flebogammadif | Liechtenstein | 31.10.2007 |
| EU/1/07/404/001-005/IS | Flebogammadif | Iceland | 13.9.2007 |
| EU/1/07/405/001/NO-020/NO | Rasilez | Norway | 14.9.2007 |
| EU/1/07/405/001-020 | Rasilez | Liechtenstein | 31.10.2007 |
| EU/1/07/405/001-020/IS | Rasilez | Iceland | 6.9.2007 |
| EU/1/07/406/001/NO-020/NO | Enviage | Norway | 14.9.2007 |
| EU/1/07/406/001-020 | Enviage | Liechtenstein | 31.10.2007 |
| EU/1/07/406/001-020/IS | Enviage | Iceland | 11.9.2007 |
| EU/1/07/407/001/NO-020/NO | Sprimeo | Norway | 14.9.2007 |
| EU/1/07/407/001-020 | Sprimeo | Liechtenstein | 31.10.2007 |
| EU/1/07/407/001-020/IS | Sprimeo | Iceland | 11.9.2007 |
| EU/1/07/408/001/NO-020/NO | Tekturna | Norway | 14.9.2007 |
| EU/1/07/408/001-020 | Tekturna | Liechtenstein | 31.10.2007 |
| EU/1/07/408/001-020/IS | Tekturna | Iceland | 6.9.2007 |
| EU/1/07/409/001/NO-020/NO | Riprazo | Norway | 14.9.2007 |
| EU/1/07/409/001-020 | Riprazo | Liechtenstein | 31.10.2007 |
| EU/1/07/409/001-020/IS | Riprazo | Iceland | 11.9.2007 |
| EU/1/07/410/001/NO-016/NO | Binocrit | Norway | 13.9.2007 |
| EU/1/07/410/001-016 | Binocrit | Liechtenstein | 31.10.2007 |
| EU/1/07/410/001-016/IS | Binocrit | Iceland | 18.9.2007 |
| EU/1/07/411/001/NO-016/NO | Epoetin alfa Hexal | Norway | 13.9.2007 |
| EU/1/07/411/001-016 | Epoetin alfa Hexal | Liechtenstein | 31.10.2007 |
| EU/1/07/411/001-016/IS | Epoetin alfa Hexal | Iceland | 19.9.2007 |
| EU/1/07/412/001/NO-016/NO | Abseamed | Norway | 12.9.2007 |
| EU/1/07/412/001-016 | Abseamed | Liechtenstein | 31.10.2007 |
| EU/1/07/412/001-016/IS | Abseamed | Iceland | 19.9.2007 |
| EU/1/07/413/001/NO-003/NO | Gliolan | Norway | 28.9.2007 |
| EU/1/07/413/001-003 | Gliolan | Liechtenstein | 31.10.2007 |
| EU/1/07/413/001-003/IS | Gliolan | Iceland | 21.9.2007 |
| EU/1/07/414/001/NO-017/NO | Galvus | Norway | 8.10.2007 |
| EU/1/07/414/001-017 | Galvus | Liechtenstein | 31.10.2007 |
| EU/1/07/414/001-017/IS | Galvus | Iceland | 18.10.2007 |
| EU/1/07/415/001/NO-056/NO | Zalasta | Norway | 16.10.2007 |
| EU/1/07/415/001-056/IS | Zalasta | Iceland | 26.10.2007 |
| EU/1/07/415/001-056 | Zalasta | Liechtenstein | 31.10.2007 |
| EU/1/07/416/001 | Ecalta | Liechtenstein | 31.10.2007 |
| EU/1/07/416/001/IS | Ecalta | Iceland | 13.10.2007 |
| EU/1/07/416/001/NO | Ecalta | Norway | 28.9.2007 |
| EU/1/07/417/001/NO-002/NO | Yondelis | Norway | 23.10.2007 |
| EU/1/07/417/001-002 | Yondelis | Liechtenstein | 31.10.2007 |
| EU/1/07/417/001-002/IS | Yondelis | Iceland | 15.10.2007 |
| EU/1/07/418/001/NO-010/NO | Celsentri | Norway | 25.9.2007 |
| EU/1/07/418/001-010 | Celsentri | Liechtenstein | 31.10.2007 |
| EU/1/07/418/001-010/IS | Celsentri | Iceland | 13.10.2007 |
| EU/1/07/419/001/NO-009/NO | Cervarix | Norway | 25.9.2007 |
| EU/1/07/419/001-009 | Cervarix | Liechtenstein | 31.10.2007 |
| EU/1/07/419/001-009/IS | Cervarix | Iceland | 12.10.2007 |
| EU/1/07/420/001 | Cyanokit | Liechtenstein | 31.12.2007 |
| EU/1/07/420/001/IS | Cyanokit | Iceland | 17.12.2007 |
| EU/1/07/420/001/NO | Cyanokit | Norway | 19.12.2007 |
| EU/1/07/421/001/NO-009/NO | Pioglitazon/metformin Takeda | Norway | 19.12.2007 |
| EU/1/07/421/001-009 | Pioglitazone/Metformin Hydrochloride Takeda | Liechtenstein | 31.12.2007 |
| EU/1/07/422/001-004/IS | Tasigna | Iceland | 14.12.2007 |
| EU/1/07/424/001 | Torisel | Liechtenstein | 31.12.2007 |
| EU/1/07/424/001/IS | Torisel | Iceland | 10.12.2007 |
| EU/1/07/424/001/NO | Torisel | Norway | 3.12.2007 |
| EU/1/07/425/001/NO-018/NO | Eucreas | Norway | 5.12.2007 |
| EU/1/07/425/001-018 | Eucreas | Liechtenstein | 31.12.2007 |
| EU/1/07/425/001-018/IS | Eucreas | Iceland | 6.12.2007 |
| EU/1/07/426/001/NO-011/NO | Olanzapine Neopharma | Norway | 19.12.2007 |
| EU/1/07/426/001-011/IS | Olanzapine Neopharma | Iceland | 7.12.2007 |
| EU/1/07/426/001-011 | Olanzapine Neopharma | Liechtenstein | 31.12.2007 |
| EU/1/07/433/001 | Nevanac | Liechtenstein | 31.12.2007 |
| EU/1/07/433/001/NO | Nevanac | Norway | 18.12.2007 |
| EU/107/427/001-037 | Olanzapine Teva | Liechtenstein | 31.12.2007 |
| EU/2/06/067/001-002 | Medicinal Oxygen Air Liquide Santé | Liechtenstein | 31.12.2007 |
| EU/2/06/070/001-003/IS | Meloxidyl | Iceland | 17.8.2007 |
| EU/2/07/072/001/NO-002/NO | Suprelorin | Norway | 24.10.2007 |
| EU/2/07/072/001-002 | Suprelorin | Liechtenstein | 31.8.2007 |
| EU/2/07/072/001-002/IS | Suprelorin | Iceland | 10.8.2007 |
| EU/2/07/074/001/NO-006/NO | Prilactone | Norway | 20.12.2007 |
| EU/2/07/074/001-006/IS | Prilactone | Iceland | 19.7.2007 |
| EU/2/07/075/001/NO-004/NO | Circovac | Norway | 20.12.2007 |
| EU/2/07/075/001-004 | Circovac | Liechtenstein | 31.8.2007 |
| EU/2/07/075/001-004/IS | Circovac | Iceland | 12.7.2007 |
| EU/2/07/077/001-005 | Meloxivet | Liechtenstein | 31.12.2007 |

EU Number

Product

Country

Date of authorisation

EU/1/06/361/001

Luminity

Liechtenstein

31.12.2007

EU/1/07/387/001-008

Advagraf

Liechtenstein

31.12.2007

EU/1/07/391/001/NO-004/NO

Revlimid

Norway

13.7.2007

EU/1/07/391/001-004/IS

Revlimid

Iceland

11.7.2007

EU/1/07/392/001

Circadin

Liechtenstein

31.8.2007

EU/1/07/392/001/IS

Circadin

Iceland

8.8.2007

EU/1/07/392/001/NO

Circadin

Norway

15.8.2007

EU/1/07/393/001/IS

Soliris

Iceland

19.7.2007

EU/1/07/393/001/NO

Soliris

Norway

19.7.2007

EU/1/07/394/001/NO-006/NO

Optaflu

Norway

20.8.2007

EU/1/07/395/001/NO-064/NO

Invega

Norway

17.7.2007

EU/1/07/395/001-064

Invega

Liechtenstein

31.8.2007

EU/1/07/395/001-064/IS

Invega

Iceland

20.7.2007

EU/1/07/396/001/NO-003/NO

Pergoveris

Norway

3.7.2007

EU/1/07/396/001-003

Pergoveris

Liechtenstein

31.8.2007

EU/1/07/396/001-003/IS

Pergoveris

Iceland

20.7.2007

EU/1/07/397/001

Siklos

Liechtenstein

31.8.2007

EU/1/07/397/001/IS

Siklos

Iceland

19.7.2007

EU/1/07/397/001/NO

Siklos

Norway

22.8.2007

EU/1/07/398/001/NO-014/NO

Optimark

Norway

20.8.2007

EU/1/07/398/001-014

OptiMark

Liechtenstein

31.8.2007

EU/1/07/398/001-014/IS

OptiMark

Iceland

20.8.2007

EU/1/07/399/001/NO-006/NO

Aerinaze

Norway

22.8.2007

EU/1/07/399/001-006

Aerinaze

Liechtenstein

31.8.2007

EU/1/07/399/001-006/IS

Aerinaze

Iceland

30.8.2007

EU/1/07/400/001/NO-016/NO

Mircera

Norway

3.9.2007

EU/1/07/400/001-016/IS

Mircera

Iceland

17.8.2007

EU/1/07/401/001/NO-006/NO

Orlistat GSK

Norway

20.8.2007

EU/1/07/401/001-006

Orlistat GSK

Liechtenstein

31.8.2007

EU/1/07/401/001-006/IS

Orlistat GSK

Iceland

21.8.2007

EU/1/07/402/001

Increlex

Liechtenstein

31.8.2007

EU/1/07/402/001/IS

Increlex

Iceland

31.8.2007

EU/1/07/403/001

Atriance

Liechtenstein

31.10.2007

EU/1/07/403/001/IS

Atriance

Iceland

20.9.2007

EU/1/07/403/001/NO

Atriance

Norway

4.9.2007

EU/1/07/404/001/NO-005/NO

Flebogammadif

Norway

13.9.2007

EU/1/07/404/001-005

Flebogammadif

Liechtenstein

31.10.2007

EU/1/07/404/001-005/IS

Flebogammadif

Iceland

13.9.2007

EU/1/07/405/001/NO-020/NO

Rasilez

Norway

14.9.2007

EU/1/07/405/001-020

Rasilez

Liechtenstein

31.10.2007

EU/1/07/405/001-020/IS

Rasilez

Iceland

6.9.2007

EU/1/07/406/001/NO-020/NO

Enviage

Norway

14.9.2007

EU/1/07/406/001-020

Enviage

Liechtenstein

31.10.2007

EU/1/07/406/001-020/IS

Enviage

Iceland

11.9.2007

EU/1/07/407/001/NO-020/NO

Sprimeo

Norway

14.9.2007

EU/1/07/407/001-020

Sprimeo

Liechtenstein

31.10.2007

EU/1/07/407/001-020/IS

Sprimeo

Iceland

11.9.2007

EU/1/07/408/001/NO-020/NO

Tekturna

Norway

14.9.2007

EU/1/07/408/001-020

Tekturna

Liechtenstein

31.10.2007

EU/1/07/408/001-020/IS

Tekturna

Iceland

6.9.2007

EU/1/07/409/001/NO-020/NO

Riprazo

Norway

14.9.2007

EU/1/07/409/001-020

Riprazo

Liechtenstein

31.10.2007

EU/1/07/409/001-020/IS

Riprazo

Iceland

11.9.2007

EU/1/07/410/001/NO-016/NO

Binocrit

Norway

13.9.2007

EU/1/07/410/001-016

Binocrit

Liechtenstein

31.10.2007

EU/1/07/410/001-016/IS

Binocrit

Iceland

18.9.2007

EU/1/07/411/001/NO-016/NO

Epoetin alfa Hexal

Norway

13.9.2007

EU/1/07/411/001-016

Epoetin alfa Hexal

Liechtenstein

31.10.2007

EU/1/07/411/001-016/IS

Epoetin alfa Hexal

Iceland

19.9.2007

EU/1/07/412/001/NO-016/NO

Abseamed

Norway

12.9.2007

EU/1/07/412/001-016

Abseamed

Liechtenstein

31.10.2007

EU/1/07/412/001-016/IS

Abseamed

Iceland

19.9.2007

EU/1/07/413/001/NO-003/NO

Gliolan

Norway

28.9.2007

EU/1/07/413/001-003

Gliolan

Liechtenstein

31.10.2007

EU/1/07/413/001-003/IS

Gliolan

Iceland

21.9.2007

EU/1/07/414/001/NO-017/NO

Galvus

Norway

8.10.2007

EU/1/07/414/001-017

Galvus

Liechtenstein

31.10.2007

EU/1/07/414/001-017/IS

Galvus

Iceland

18.10.2007

EU/1/07/415/001/NO-056/NO

Zalasta

Norway

16.10.2007

EU/1/07/415/001-056/IS

Zalasta

Iceland

26.10.2007

EU/1/07/415/001-056

Zalasta

Liechtenstein

31.10.2007

EU/1/07/416/001

Ecalta

Liechtenstein

31.10.2007

EU/1/07/416/001/IS

Ecalta

Iceland

13.10.2007

EU/1/07/416/001/NO

Ecalta

Norway

28.9.2007

EU/1/07/417/001/NO-002/NO

Yondelis

Norway

23.10.2007

EU/1/07/417/001-002

Yondelis

Liechtenstein

31.10.2007

EU/1/07/417/001-002/IS

Yondelis

Iceland

15.10.2007

EU/1/07/418/001/NO-010/NO

Celsentri

Norway

25.9.2007

EU/1/07/418/001-010

Celsentri

Liechtenstein

31.10.2007

EU/1/07/418/001-010/IS

Celsentri

Iceland

13.10.2007

EU/1/07/419/001/NO-009/NO

Cervarix

Norway

25.9.2007

EU/1/07/419/001-009

Cervarix

Liechtenstein

31.10.2007

EU/1/07/419/001-009/IS

Cervarix

Iceland

12.10.2007

EU/1/07/420/001

Cyanokit

Liechtenstein

31.12.2007

EU/1/07/420/001/IS

Cyanokit

Iceland

17.12.2007

EU/1/07/420/001/NO

Cyanokit

Norway

19.12.2007

EU/1/07/421/001/NO-009/NO

Pioglitazon/metformin Takeda

Norway

19.12.2007

EU/1/07/421/001-009

Pioglitazone/Metformin Hydrochloride Takeda

Liechtenstein

31.12.2007

EU/1/07/422/001-004/IS

Tasigna

Iceland

14.12.2007

EU/1/07/424/001

Torisel

Liechtenstein

31.12.2007

EU/1/07/424/001/IS

Torisel

Iceland

10.12.2007

EU/1/07/424/001/NO

Torisel

Norway

3.12.2007

EU/1/07/425/001/NO-018/NO

Eucreas

Norway

5.12.2007

EU/1/07/425/001-018

Eucreas

Liechtenstein

31.12.2007

EU/1/07/425/001-018/IS

Eucreas

Iceland

6.12.2007

EU/1/07/426/001/NO-011/NO

Olanzapine Neopharma

Norway

19.12.2007

EU/1/07/426/001-011/IS

Olanzapine Neopharma

Iceland

7.12.2007

EU/1/07/426/001-011

Olanzapine Neopharma

Liechtenstein

31.12.2007

EU/1/07/433/001

Nevanac

Liechtenstein

31.12.2007

EU/1/07/433/001/NO

Nevanac

Norway

18.12.2007

EU/107/427/001-037

Olanzapine Teva

Liechtenstein

31.12.2007

EU/2/06/067/001-002

Medicinal Oxygen Air Liquide Santé

Liechtenstein

31.12.2007

EU/2/06/070/001-003/IS

Meloxidyl

Iceland

17.8.2007

EU/2/07/072/001/NO-002/NO

Suprelorin

Norway

24.10.2007

EU/2/07/072/001-002

Suprelorin

Liechtenstein

31.8.2007

EU/2/07/072/001-002/IS

Suprelorin

Iceland

10.8.2007

EU/2/07/074/001/NO-006/NO

Prilactone

Norway

20.12.2007

EU/2/07/074/001-006/IS

Prilactone

Iceland

19.7.2007

EU/2/07/075/001/NO-004/NO

Circovac

Norway

20.12.2007

EU/2/07/075/001-004

Circovac

Liechtenstein

31.8.2007

EU/2/07/075/001-004/IS

Circovac

Iceland

12.7.2007

EU/2/07/077/001-005

Meloxivet

Liechtenstein

31.12.2007

---

ANNEX II

List of renewed marketing authorisations

The following marketing authorisations have been renewed in the EEA EFTA States during the period 1 July-31 December 2007:

| EU Number | Product | Country | Date of authorisation |
| --- | --- | --- | --- |
| EU/1/02/209/001/NO-008/NO | Dynastat | Norway | 14.9.2007 |
| EU/1/02/216/001/NO-002/NO | Invanz | Norway | 4.7.2007 |
| EU/1/02/218/001/NO-011/NO | Axura | Norway | 16.7.2007 |
| EU/1/02/218/001-011/IS | Axura | Iceland | 11.7.2007 |
| EU/1/02/219/001/NO-015/NO | Ebixa | Norway | 11.7.2007 |
| EU/1/02/219/001-015/IS | Ebixa | Iceland | 6.7.2007 |
| EU/1/02/220/001/NO-005/NO | Tracleer | Norway | 13.8.2007 |
| EU/1/02/221/001/NO-010/NO | Pegasys | Norway | 18.7.2007 |
| EU/1/02/221/001-010/IS | Pegasys | Iceland | 13.7.2007 |
| EU/1/02/221/001-010 | Pegasys | Liechtenstein | 31.8.2007 |
| EU/1/02/222/001/NO-002/NO | Tamiflu | Norway | 31.7.2007 |
| EU/1/02/222/001-002 | Tamiflu | Liechtenstein | 31.8.2007 |
| EU/1/02/222/001-004/IS | Tamiflu | Iceland | 13.7.2007 |
| EU/1/02/223/001/NO-003/NO | Evra | Norway | 17.9.2007 |
| EU/1/02/223/001-003 | Evra | Liechtenstein | 31.10.2007 |
| EU/1/02/223/001-003/IS | Evra | Iceland | 1.10.2007 |
| EU/1/02/224/001/NO-005/NO | Ambirix | Norway | 25.9.2007 |
| EU/1/02/224/001-005 | Ambirix | Liechtenstein | 31.10.2007 |
| EU/1/02/224/001-005/IS | Ambirix | Iceland | 1.10.2007 |
| EU/1/02/225/001/NO-002/NO | Xigris | Norway | 27.8.2007 |
| EU/1/02/225/001-002 | Xigris | Liechtenstein | 31.8.2007 |
| EU/1/02/225/001-002/IS | Xigris | Iceland | 16.8.2007 |
| EU/1/02/226/001 | InductOs | Liechtenstein | 31.10.2007 |
| EU/1/02/226/001/IS | InductOs | Iceland | 17.9.2007 |
| EU/1/02/226/001/NO | InductOs | Norway | 10.9.2007 |
| EU/1/02/227/001/NO-003/NO | Neulasta | Norway | 27.8.2007 |
| EU/1/02/227/001-003 | Neulasta | Liechtenstein | 31.8.2007 |
| EU/1/02/227/001-003/IS | Neulasta | Iceland | 16.8.2007 |
| EU/1/02/228/001-003/IS | Neupopeg | Iceland | 15.8.2007 |
| EU/1/02/228/001/NO-003/NO | Neupopeg | Norway | 27.8.2007 |
| EU/1/02/228/001-003 | Neupopeg | Liechtenstein | 31.8.2007 |
| EU/1/02/229/001/NO-037/NO | Actraphane | Norway | 9.10.2007 |
| EU/1/02/229/001-037 | Actraphane | Liechtenstein | 31.10.2007 |
| EU/1/02/229/001-037/IS | Actraphane | Iceland | 15.10.2007 |
| EU/1/02/230/001/NO-017/NO | Actrapid | Norway | 9.10.2007 |
| EU/1/02/230/001-017 | Actrapid | Liechtenstein | 31.10.2007 |
| EU/1/02/230/001-017/IS | Actrapid | Iceland | 15.10.2007 |
| EU/1/02/231/001/NO-037/NO | Mixtard | Norway | 9.10.2007 |
| EU/1/02/231/001-037 | Mixtard | Liechtenstein | 31.10.2007 |
| EU/1/02/231/001-037/IS | Mixtard | Iceland | 16.10.2007 |
| EU/1/02/232/001/NO-003/NO | Velosulin | Norway | 9.10.2007 |
| EU/1/02/232/001-003 | Velosulin | Liechtenstein | 31.10.2007 |
| EU/1/02/232/001-003/IS | Velosulin | Iceland | 15.10.2007 |
| EU/1/02/233/001/NO-017/NO | Insulatard | Norway | 9.10.2007 |
| EU/1/02/233/001-017 | Insulatard | Liechtenstein | 31.10.2007 |
| EU/1/02/233/001-017/IS | Insulatard | Iceland | 16.10.2007 |
| EU/1/02/234/001/NO-017/NO | Protaphane | Norway | 9.10.2007 |
| EU/1/02/234/001-017 | Protaphane | Liechtenstein | 31.10.2007 |
| EU/1/02/234/001-017/IS | Protaphane | Iceland | 15.10.2007 |
| EU/1/02/237/001/NO-008/NO | Cialis | Norway | 15.10.2007 |
| EU/1/02/237/001-008 | Cialis | Liechtenstein | 31.10.2007 |
| EU/1/02/237/001-008/IS | Cialis | Iceland | 15.10.2007 |
| EU/1/02/238/001 | Zavesca | Liechtenstein | 31.10.2007 |
| EU/1/02/238/001/IS | Zavesca | Iceland | 1.10.2007 |
| EU/1/02/238/001/NO | Zavesca | Norway | 17.9.2007 |
| EU/1/02/240/001/NO-004/NO | Somavert | Norway | 26.9.2007 |
| EU/1/02/240/001-004 | Somavert | Liechtenstein | 31.10.2007 |
| EU/1/02/240/001-004/IS | Somavert | Iceland | 19.10.2007 |
| EU/1/97/031/001/NO-003/NO, 019/NO-046/NO | Neorecormon | Norway | 17.7.2007 |
| EU/1/97/031/001-003, 019-046 | NeoRecormon | Liechtenstein | 31.8.2007 |
| EU/1/97/031/001-013, 019-024, 027-046/IS | NeoRecormon | Iceland | 11.7.2007 |
| EU/1/97/032/001/NO | LeukoScan | Norway | 4.7.2007 |
| EU/1/97/037/001/IS | Vistide | Iceland | 6.7.2007 |
| EU/1/97/037/001/NO | Vistide | Norway | 13.9.2007 |
| EU/1/97/039/001/NO-004/NO | Cystagon | Norway | 31.7.2007 |
| EU/1/97/039/001-004 | Cystagon | Liechtenstein | 31.8.2007 |
| EU/1/97/039/001-004/IS | Cystagon | Iceland | 11.7.2007 |
| EU/1/97/040/001/NO-002/NO | Teslascan | Norway | 20.8.2007 |
| EU/1/97/043/001/NO-003/NO | Revasc | Norway | 16.7.2007 |
| EU/1/97/043/001-003 | Revasc | Liechtenstein | 31.8.2007 |
| EU/1/97/043/001-003/IS | Revasc | Iceland | 11.7.2007 |
| EU/1/97/046/001/NO-039/NO | Aprovel | Norway | 19.9.2007 |
| EU/1/97/046/001-033 | Aprovel | Liechtenstein | 31.10.2007 |
| EU/1/97/046/001-039/IS | Aprovel | Iceland | 18.9.2007 |
| EU/1/97/047/001/NO-007/NO | BeneFIX | Norway | 11.9.2007 |
| EU/1/97/047/001-007 | Benefix | Liechtenstein | 31.10.2007 |
| EU/1/97/047/001-007/IS | BeneFix | Iceland | 31.8.2007 |
| EU/1/97/049/001/NO-039/NO | Karvea | Norway | 20.9.2007 |
| EU/1/97/049/001-033 | Karvea | Liechtenstein | 31.10.2007 |
| EU/1/97/049/001-039/IS | Karvea | Iceland | 17.9.2007 |
| EU/1/97/050/001/NO-006/NO, 009/NO-012/NO | Sifrol | Norway | 16.10.2007 |
| EU/1/97/050/001-006, 009-012 | Sifrol | Liechtenstein | 31.10.2007 |
| EU/1/97/050/001-006, 009-012/IS | Sifrol | Iceland | 15.10.2007 |
| EU/1/97/051/001/NO-006/NO, 009/NO-012/NO | Mirapexin | Norway | 15.10.2007 |
| EU/1/97/051/001-006, 009-012 | Mirapexin | Liechtenstein | 31.10.2007 |
| EU/1/97/051/001-006, 009-012/IS | Mirapexin | Iceland | 15.10.2007 |
| EU/1/97/053/001/NO-005/NO | Cerezyme | Norway | 9.10.2007 |
| EU/1/97/053/001-005 | Cerezyme | Liechtenstein | 31.10.2007 |
| EU/1/97/053/001-005/IS | Cerezyme | Iceland | 15.10.2007 |
| EU/1/97/057/001 | Quadramet | Liechtenstein | 31.12.2007 |
| EU/2/02/032/001/IS | Vaxxitek HVT + IBD | Iceland | 10.7.2007 |
| EU/2/02/033/001/IS | Dexdomitor | Iceland | 17.8.2007 |
| EU/2/02/034/001/IS | Nobivac Bb cat | Iceland | 19.10.2007 |
| EU/2/02/035/001-007 | SevoFlo | Liechtenstein | 31.12.2007 |
| EU/2/02/035/001-007/IS | SevoFlo | Iceland | 6.12.2007 |
| EU/2/033/001 | Dexdomitor | Liechtenstein | 31.10.2007 |
| EU/2/034/001 | Nobivac Bb | Liechtenstein | 31.10.2007 |
| EU/2/97/001-009/IS | Quadrisol | Iceland | 10.12.2007 |
| EU/2/97/004/001, EU/2/97/004/003-028 | Metacam | Liechtenstein | 31.12.2007 |
| EU/2/97/004/001/NO, 003/NO-030/NO | Metacam | Norway | 17.12.2007 |
| EU/2/97/005/001-009 | Quadrisol | Liechtenstein | 31.12.2007 |
| EU/2/98/010/004-014, 017-018, 021-024/IS | Econor | Iceland | 8.11.2007 |

EU Number

Product

Country

Date of authorisation

EU/1/02/209/001/NO-008/NO

Dynastat

Norway

14.9.2007

EU/1/02/216/001/NO-002/NO

Invanz

Norway

4.7.2007

EU/1/02/218/001/NO-011/NO

Axura

Norway

16.7.2007

EU/1/02/218/001-011/IS

Axura

Iceland

11.7.2007

EU/1/02/219/001/NO-015/NO

Ebixa

Norway

11.7.2007

EU/1/02/219/001-015/IS

Ebixa

Iceland

6.7.2007

EU/1/02/220/001/NO-005/NO

Tracleer

Norway

13.8.2007

EU/1/02/221/001/NO-010/NO

Pegasys

Norway

18.7.2007

EU/1/02/221/001-010/IS

Pegasys

Iceland

13.7.2007

EU/1/02/221/001-010

Pegasys

Liechtenstein

31.8.2007

EU/1/02/222/001/NO-002/NO

Tamiflu

Norway

31.7.2007

EU/1/02/222/001-002

Tamiflu

Liechtenstein

31.8.2007

EU/1/02/222/001-004/IS

Tamiflu

Iceland

13.7.2007

EU/1/02/223/001/NO-003/NO

Evra

Norway

17.9.2007

EU/1/02/223/001-003

Evra

Liechtenstein

31.10.2007

EU/1/02/223/001-003/IS

Evra

Iceland

1.10.2007

EU/1/02/224/001/NO-005/NO

Ambirix

Norway

25.9.2007

EU/1/02/224/001-005

Ambirix

Liechtenstein

31.10.2007

EU/1/02/224/001-005/IS

Ambirix

Iceland

1.10.2007

EU/1/02/225/001/NO-002/NO

Xigris

Norway

27.8.2007

EU/1/02/225/001-002

Xigris

Liechtenstein

31.8.2007

EU/1/02/225/001-002/IS

Xigris

Iceland

16.8.2007

EU/1/02/226/001

InductOs

Liechtenstein

31.10.2007

EU/1/02/226/001/IS

InductOs

Iceland

17.9.2007

EU/1/02/226/001/NO

InductOs

Norway

10.9.2007

EU/1/02/227/001/NO-003/NO

Neulasta

Norway

27.8.2007

EU/1/02/227/001-003

Neulasta

Liechtenstein

31.8.2007

EU/1/02/227/001-003/IS

Neulasta

Iceland

16.8.2007

EU/1/02/228/001-003/IS

Neupopeg

Iceland

15.8.2007

EU/1/02/228/001/NO-003/NO

Neupopeg

Norway

27.8.2007

EU/1/02/228/001-003

Neupopeg

Liechtenstein

31.8.2007

EU/1/02/229/001/NO-037/NO

Actraphane

Norway

9.10.2007

EU/1/02/229/001-037

Actraphane

Liechtenstein

31.10.2007

EU/1/02/229/001-037/IS

Actraphane

Iceland

15.10.2007

EU/1/02/230/001/NO-017/NO

Actrapid

Norway

9.10.2007

EU/1/02/230/001-017

Actrapid

Liechtenstein

31.10.2007

EU/1/02/230/001-017/IS

Actrapid

Iceland

15.10.2007

EU/1/02/231/001/NO-037/NO

Mixtard

Norway

9.10.2007

EU/1/02/231/001-037

Mixtard

Liechtenstein

31.10.2007

EU/1/02/231/001-037/IS

Mixtard

Iceland

16.10.2007

EU/1/02/232/001/NO-003/NO

Velosulin

Norway

9.10.2007

EU/1/02/232/001-003

Velosulin

Liechtenstein

31.10.2007

EU/1/02/232/001-003/IS

Velosulin

Iceland

15.10.2007

EU/1/02/233/001/NO-017/NO

Insulatard

Norway

9.10.2007

EU/1/02/233/001-017

Insulatard

Liechtenstein

31.10.2007

EU/1/02/233/001-017/IS

Insulatard

Iceland

16.10.2007

EU/1/02/234/001/NO-017/NO

Protaphane

Norway

9.10.2007

EU/1/02/234/001-017

Protaphane

Liechtenstein

31.10.2007

EU/1/02/234/001-017/IS

Protaphane

Iceland

15.10.2007

EU/1/02/237/001/NO-008/NO

Cialis

Norway

15.10.2007

EU/1/02/237/001-008

Cialis

Liechtenstein

31.10.2007

EU/1/02/237/001-008/IS

Cialis

Iceland

15.10.2007

EU/1/02/238/001

Zavesca

Liechtenstein

31.10.2007

EU/1/02/238/001/IS

Zavesca

Iceland

1.10.2007

EU/1/02/238/001/NO

Zavesca

Norway

17.9.2007

EU/1/02/240/001/NO-004/NO

Somavert

Norway

26.9.2007

EU/1/02/240/001-004

Somavert

Liechtenstein

31.10.2007

EU/1/02/240/001-004/IS

Somavert

Iceland

19.10.2007

EU/1/97/031/001/NO-003/NO, 019/NO-046/NO

Neorecormon

Norway

17.7.2007

EU/1/97/031/001-003, 019-046

NeoRecormon

Liechtenstein

31.8.2007

EU/1/97/031/001-013, 019-024, 027-046/IS

NeoRecormon

Iceland

11.7.2007

EU/1/97/032/001/NO

LeukoScan

Norway

4.7.2007

EU/1/97/037/001/IS

Vistide

Iceland

6.7.2007

EU/1/97/037/001/NO

Vistide

Norway

13.9.2007

EU/1/97/039/001/NO-004/NO

Cystagon

Norway

31.7.2007

EU/1/97/039/001-004

Cystagon

Liechtenstein

31.8.2007

EU/1/97/039/001-004/IS

Cystagon

Iceland

11.7.2007

EU/1/97/040/001/NO-002/NO

Teslascan

Norway

20.8.2007

EU/1/97/043/001/NO-003/NO

Revasc

Norway

16.7.2007

EU/1/97/043/001-003

Revasc

Liechtenstein

31.8.2007

EU/1/97/043/001-003/IS

Revasc

Iceland

11.7.2007

EU/1/97/046/001/NO-039/NO

Aprovel

Norway

19.9.2007

EU/1/97/046/001-033

Aprovel

Liechtenstein

31.10.2007

EU/1/97/046/001-039/IS

Aprovel

Iceland

18.9.2007

EU/1/97/047/001/NO-007/NO

BeneFIX

Norway

11.9.2007

EU/1/97/047/001-007

Benefix

Liechtenstein

31.10.2007

EU/1/97/047/001-007/IS

BeneFix

Iceland

31.8.2007

EU/1/97/049/001/NO-039/NO

Karvea

Norway

20.9.2007

EU/1/97/049/001-033

Karvea

Liechtenstein

31.10.2007

EU/1/97/049/001-039/IS

Karvea

Iceland

17.9.2007

EU/1/97/050/001/NO-006/NO, 009/NO-012/NO

Sifrol

Norway

16.10.2007

EU/1/97/050/001-006, 009-012

Sifrol

Liechtenstein

31.10.2007

EU/1/97/050/001-006, 009-012/IS

Sifrol

Iceland

15.10.2007

EU/1/97/051/001/NO-006/NO, 009/NO-012/NO

Mirapexin

Norway

15.10.2007

EU/1/97/051/001-006, 009-012

Mirapexin

Liechtenstein

31.10.2007

EU/1/97/051/001-006, 009-012/IS

Mirapexin

Iceland

15.10.2007

EU/1/97/053/001/NO-005/NO

Cerezyme

Norway

9.10.2007

EU/1/97/053/001-005

Cerezyme

Liechtenstein

31.10.2007

EU/1/97/053/001-005/IS

Cerezyme

Iceland

15.10.2007

EU/1/97/057/001

Quadramet

Liechtenstein

31.12.2007

EU/2/02/032/001/IS

Vaxxitek HVT + IBD

Iceland

10.7.2007

EU/2/02/033/001/IS

Dexdomitor

Iceland

17.8.2007

EU/2/02/034/001/IS

Nobivac Bb cat

Iceland

19.10.2007

EU/2/02/035/001-007

SevoFlo

Liechtenstein

31.12.2007

EU/2/02/035/001-007/IS

SevoFlo

Iceland

6.12.2007

EU/2/033/001

Dexdomitor

Liechtenstein

31.10.2007

EU/2/034/001

Nobivac Bb

Liechtenstein

31.10.2007

EU/2/97/001-009/IS

Quadrisol

Iceland

10.12.2007

EU/2/97/004/001, EU/2/97/004/003-028

Metacam

Liechtenstein

31.12.2007

EU/2/97/004/001/NO, 003/NO-030/NO

Metacam

Norway

17.12.2007

EU/2/97/005/001-009

Quadrisol

Liechtenstein

31.12.2007

EU/2/98/010/004-014, 017-018, 021-024/IS

Econor

Iceland

8.11.2007

---

ANNEX III

List of extended marketing authorisations

The following marketing authorisations have been extended in the EEA EFTA States during the period 1 July-31 December 2007:

| EU Number | Product | Country | Date of extention |
| --- | --- | --- | --- |
| EU/1/00/151/023-024 | Glustin | Liechtenstein | 31.10.2007 |
| EU/1/01/197/003/NO-005/NO | Foscan | Norway | 8.11.2007 |
| EU/1/01/197/003-005 | Foscan | Liechtenstein | 31.10.2007 |
| EU/1/01/197/003-005/IS | Foscan | Iceland | 12.11.2007 |
| EU/1/02/222/003/NO-004/NO | Tamiflu | Norway | 27.9.2007 |
| EU/1/02/222/003-004 | Tamiflu | Liechtenstein | 31.10.2007 |
| EU/1/02/222/003-004/IS | Tamiflu | Iceland | 15.10.2007 |
| EU/1/02/237/006/NO-008/NO | Cialis | Norway | 3.7.2007 |
| EU/1/02/237/006-008 | Cialis | Liechtenstein | 31.8.2007 |
| EU/1/03/254/002 | Busilvex | Liechtenstein | 31.12.2007 |
| EU/1/03/260/016-018 | Stalevo | Liechtenstein | 31.10.2007 |
| EU/1/04/290/002 | Alimta | Liechtenstein | 31.12.2007 |
| EU/1/04/290/002/IS | Alimta | Iceland | 15.11.2007 |
| EU/1/04/296/009 | Cymbalta | Liechtenstein | 31.10.2007 |
| EU/1/05/310/006/NO-009/NO | Fosavance | Norway | 8.11.2007 |
| EU/1/05/310/006-009 | Fosavance | Liechtenstein | 31.12.2007 |
| EU/1/05/310/006-009/IS | Fosavance | Iceland | 19.10.2007 |
| EU/1/05/325/002 | Macugen | Liechtenstein | 31.12.2007 |
| EU/1/06/332/004/NO-006/NO | Omnitrope | Norway | 10.9.2007 |
| EU/1/06/332/007/NO-009/NO | Omnitrope | Norway | 8.11.2007 |
| EU/1/06/332/007-009 | Omnitrope | Liechtenstein | 31.10.2007 |
| EU/1/06/332/007-009/IS | Omnitrope | Iceland | 17.10.2007 |
| EU/1/06/344/010-011 | Acomplia | Liechtenstein | 31.10.2007 |
| EU/1/06/345/010-011 | Zimulti | Liechtenstein | 31.10.2007 |
| EU/1/06/347/004-006 | Sutent | Liechtenstein | 31.12.2007 |
| EU/1/06/361/002 | Luminity | Liechtenstein | 31.12.2007 |
| EU/1/06/364/006/NO-009/NO | Adrovance | Norway | 14.11.2007 |
| EU/1/06/364/006-009 | Adrovance | Liechtenstein | 31.10.2007 |
| EU/1/06/364/006-009/IS | Adrovance | Iceland | 19.10.2007 |
| EU/1/06/366/005-016 | Tandemact | Liechtenstein | 31.12.2007 |
| EU/1/95/003/005-006 | Betaferon | Liechtenstein | 31.10.2007 |
| EU/1/96/022/023-034 | Zyprexa | Liechtenstein | 31.8.2007 |
| EU/1/97/033/004 | Avonex | Liechtenstein | 31.8.2007 |
| EU/1/97/046/034-039 | Aprovel | Liechtenstein | 31.10.2007 |
| EU/1/97/047/004/NO-007/NO | BeneFIX | Norway | 4.9.2007 |
| EU/1/97/047/004-007 | BenFix | Liechtenstein | 31.8.2007 |
| EU/1/97/047/007/IS | Benefix | Iceland | 31.8.2007 |
| EU/1/97/049/034-039 | Karvea | Liechtenstein | 31.10.2007 |
| EU/1/98/066/019/NO-026/NO | Exelon | Norway | 10.10.2007 |
| EU/1/98/066/019-026 | Exelon | Liechtenstein | 31.10.2007 |
| EU/1/98/066/019-026/IS | Exelon | Iceland | 17.10.2007 |
| EU/1/98/069/007a, 007b | Plavix | Liechtenstein | 31.8.2007 |
| EU/1/98/070/007a, 007b | Iscover | Liechtenstein | 31.8.2007 |
| EU/1/98/085/029-034 | Karvezide | Liechtenstein | 31.10.2007 |
| EU/1/98/086/029-034 | CoAprovel | Liechtenstein | 31.10.2007 |
| EU/1/98/092/019/NO-026/NO | Prometax | Norway | 10.10.2007 |
| EU/1/98/092/019-026 | Prometax | Liechtenstein | 31.10.2007 |
| EU/1/98/092/019-026/IS | Prometax | Iceland | 18.10.2007 |
| EU/1/99/108/002-003 | Ferriprox | Liechtenstein | 31.12.2007 |
| EU/1/99/108/002/NO-003/NO | Ferriprox | Norway | 5.12.2007 |
| EU/1/99/108/002-003/IS | Ferriprox | Iceland | 10.12.2007 |
| EU/2/039/019-030 | Advocate | Liechtenstein | 31.8.2007 |
| EU/2/97/004/029-030 | Metacam | Liechtenstein | 31.12.2007 |

EU Number

Product

Country

Date of extention

EU/1/00/151/023-024

Glustin

Liechtenstein

31.10.2007

EU/1/01/197/003/NO-005/NO

Foscan

Norway

8.11.2007

EU/1/01/197/003-005

Foscan

Liechtenstein

31.10.2007

EU/1/01/197/003-005/IS

Foscan

Iceland

12.11.2007

EU/1/02/222/003/NO-004/NO

Tamiflu

Norway

27.9.2007

EU/1/02/222/003-004

Tamiflu

Liechtenstein

31.10.2007

EU/1/02/222/003-004/IS

Tamiflu

Iceland

15.10.2007

EU/1/02/237/006/NO-008/NO

Cialis

Norway

3.7.2007

EU/1/02/237/006-008

Cialis

Liechtenstein

31.8.2007

EU/1/03/254/002

Busilvex

Liechtenstein

31.12.2007

EU/1/03/260/016-018

Stalevo

Liechtenstein

31.10.2007

EU/1/04/290/002

Alimta

Liechtenstein

31.12.2007

EU/1/04/290/002/IS

Alimta

Iceland

15.11.2007

EU/1/04/296/009

Cymbalta

Liechtenstein

31.10.2007

EU/1/05/310/006/NO-009/NO

Fosavance

Norway

8.11.2007

EU/1/05/310/006-009

Fosavance

Liechtenstein

31.12.2007

EU/1/05/310/006-009/IS

Fosavance

Iceland

19.10.2007

EU/1/05/325/002

Macugen

Liechtenstein

31.12.2007

EU/1/06/332/004/NO-006/NO

Omnitrope

Norway

10.9.2007

EU/1/06/332/007/NO-009/NO

Omnitrope

Norway

8.11.2007

EU/1/06/332/007-009

Omnitrope

Liechtenstein

31.10.2007

EU/1/06/332/007-009/IS

Omnitrope

Iceland

17.10.2007

EU/1/06/344/010-011

Acomplia

Liechtenstein

31.10.2007

EU/1/06/345/010-011

Zimulti

Liechtenstein

31.10.2007

EU/1/06/347/004-006

Sutent

Liechtenstein

31.12.2007

EU/1/06/361/002

Luminity

Liechtenstein

31.12.2007

EU/1/06/364/006/NO-009/NO

Adrovance

Norway

14.11.2007

EU/1/06/364/006-009

Adrovance

Liechtenstein

31.10.2007

EU/1/06/364/006-009/IS

Adrovance

Iceland

19.10.2007

EU/1/06/366/005-016

Tandemact

Liechtenstein

31.12.2007

EU/1/95/003/005-006

Betaferon

Liechtenstein

31.10.2007

EU/1/96/022/023-034

Zyprexa

Liechtenstein

31.8.2007

EU/1/97/033/004

Avonex

Liechtenstein

31.8.2007

EU/1/97/046/034-039

Aprovel

Liechtenstein

31.10.2007

EU/1/97/047/004/NO-007/NO

BeneFIX

Norway

4.9.2007

EU/1/97/047/004-007

BenFix

Liechtenstein

31.8.2007

EU/1/97/047/007/IS

Benefix

Iceland

31.8.2007

EU/1/97/049/034-039

Karvea

Liechtenstein

31.10.2007

EU/1/98/066/019/NO-026/NO

Exelon

Norway

10.10.2007

EU/1/98/066/019-026

Exelon

Liechtenstein

31.10.2007

EU/1/98/066/019-026/IS

Exelon

Iceland

17.10.2007

EU/1/98/069/007a, 007b

Plavix

Liechtenstein

31.8.2007

EU/1/98/070/007a, 007b

Iscover

Liechtenstein

31.8.2007

EU/1/98/085/029-034

Karvezide

Liechtenstein

31.10.2007

EU/1/98/086/029-034

CoAprovel

Liechtenstein

31.10.2007

EU/1/98/092/019/NO-026/NO

Prometax

Norway

10.10.2007

EU/1/98/092/019-026

Prometax

Liechtenstein

31.10.2007

EU/1/98/092/019-026/IS

Prometax

Iceland

18.10.2007

EU/1/99/108/002-003

Ferriprox

Liechtenstein

31.12.2007

EU/1/99/108/002/NO-003/NO

Ferriprox

Norway

5.12.2007

EU/1/99/108/002-003/IS

Ferriprox

Iceland

10.12.2007

EU/2/039/019-030

Advocate

Liechtenstein

31.8.2007

EU/2/97/004/029-030

Metacam

Liechtenstein

31.12.2007

---

ANNEX IV

List of withdrawn marketing authorisations

The following marketing authorisations have been withdrawn in the EEA EFTA States during the period 1 July-31 December 2007:

| EU Number | Product | Country | Date of withdrawal |
| --- | --- | --- | --- |
| EU/1/01/92/001-005 | Levviax | Liechtenstein | 31.12.2007 |
| EU/1/03/257/001/NO-010/NO | Trudexa | Norway | 29.8.2007 |
| EU/1/03/257/001-010 | Trudexa | Liechtenstein | 31.8.2007 |
| EU/1/03/257/001-010/IS | Trudexa | Iceland | 9.8.2007 |

EU Number

Product

Country

Date of withdrawal

EU/1/01/92/001-005

Levviax

Liechtenstein

31.12.2007

EU/1/03/257/001/NO-010/NO

Trudexa

Norway

29.8.2007

EU/1/03/257/001-010

Trudexa

Liechtenstein

31.8.2007

EU/1/03/257/001-010/IS

Trudexa

Iceland

9.8.2007

---

ANNEX V

List of suspended marketing authorisations

The following marketing authorisations have been suspended in the EEA EFTA States during the period 1 July-31 December 2007:

| EU Number | Product | Country | Date of suspension |
| --- | --- | --- | --- |
| EU/1/97/054/001, 003-005 | Viracept | Liechtenstein | 31.8.2007 (1) |
| EU/1/97/054/001-005/IS | Viracept | Iceland | 7.8.2007 (2) |
| EU/1/97/054/001/NO, 003/NO-005/NO | Viracept | Norway | 27.8.2007 (3) |

EU Number

Product

Country

Date of suspension

EU/1/97/054/001, 003-005

Viracept

Liechtenstein

31.8.2007 (1)

EU/1/97/054/001-005/IS

Viracept

Iceland

7.8.2007 (2)

EU/1/97/054/001/NO, 003/NO-005/NO

Viracept

Norway

27.8.2007 (3)

---

(1)  Lifting of the suspension 31 October 2007 — Viracept EU/1/97/054/001, 003-005.

(2)  Lifting of the suspension 14 November 2007 — Viracept EU/1/97/054/001, 004-005/IS.

(3)  Lifting of the suspension 29 October 2007 — Viracept EU/1/97/054/001/NO, 003/NO-005/NO.

---

V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 12.6.2008 | EN | Official Journal of the European Union | C 146/24 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/24

---

Call for proposals — eParticipation 2008/1

(2008/C 146/04)

1.   Objectives and description

eParticipation is a Preparatory Action which aims at harnessing the benefits of the use of Information and Communications Technologies for better legislative and decision-making processes and enhanced public participation in such processes, at all levels of governmental decision making.

Pursuant to the eParticipation Work Programme 2008, the Commission hereby invites consortia to submit proposals.

2.   Eligibility of consortia

The call is open to proposals from legal entities in the 27 EU Member States.

The minimum number of participants in a proposal is three independent legal entities, from three different Member States.

3.   Evaluation and selection

Proposals received will be evaluated by the Commission with the assistance of independent experts. The criteria used in the evaluation are defined in the eParticipation Work Programme. Proposals that pass the evaluation will be ranked in terms of quality.

The evaluation process of applications for grants by the Commission is set out in the Financial Regulation applicable to the General Budget of the European Communities (1).

4.   Community support

The Community funding will not exceed 75 % of eligible costs incurred by each partner.

In all cases Community funding must not have the effect of creating a profit for a recipient.

5.   Call budget

The total budget for this call for proposals is EUR 4,7 million.

6.   Deadline and address for submission

The deadline for receipt of proposals by the Commission is 29 August 2008, 17.00 hours (Brussels local time).

Proposals submitted after this deadline will not be accepted for evaluation.

In the case of successive submission of the same proposal, the Commission will examine the last version received before the deadline.

Proposals should be sent to the following address:

For the attention of:

| Mr Thanassis Chrissafis |
| --- |
| European Commission |
| DG INFSO — H2 |
| BU31, 2/33 |
| B-1049 Brussels |

Mr Thanassis Chrissafis

European Commission

DG INFSO — H2

BU31, 2/33

B-1049 Brussels

7.   Time table

The Commission aims to inform applicants of the outcome of the evaluation and selection process within three months after the deadline for submission and to finalise negotiations with the selected proposers within four months after the deadline for submission. Execution of projects will start after the finalisation of negotiations.

8.   Additional information

Detailed information on how to prepare and submit applicants is given in the eParticipation Guide for Applicants 2008. This document, along with the eParticipation Work Programme 2008 and other information relating to this call and the evaluation process can be downloaded from the website indicated below.

http://ec.europa.eu/eparticipation

All correspondence relating to this call must cite the call identifier eParticipation 2008/1.

All proposals received will be treated in strict confidence.

---

(1)  Council Regulation (EC, Euratom) No 1605/2002 (OJ L 248, 16.9.2002, p. 1), as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

---

| 12.6.2008 | EN | Official Journal of the European Union | C 146/26 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/26

---

Call for proposals — ENT/ERA/08/311 — Erasmus for young entrepreneurs

(2008/C 146/05)

1.   Objectives and description

The purpose of this call is to provide grants to projects allowing nascent EU entrepreneurs to learn in an experienced entrepreneur's company in another EU Member State with the purpose of facilitating exchange of experiences and networking. The objective of the action is to contribute to enhancing entrepreneurship, internationalisation and competitiveness of newly established micro, small and medium-sized enterprises and potential new start-up entrepreneurs in the EU. The activity targets people intending to set up a business and, to a lesser extent, recently established entrepreneurs.

The call comprises two lots with two different types of activity:

| | Lot 1: European partnerships enhancing the mobility of nascent entrepreneurs. |
| --- | --- |

Lot 1: European partnerships enhancing the mobility of nascent entrepreneurs.

| | Lot 2: Coordination, support and networking at European level linked to the action mentioned in lot 1. |
| --- | --- |

Lot 2: Coordination, support and networking at European level linked to the action mentioned in lot 1.

2.   Eligible applicants

Any public entity or private body can participate in this call for proposals. This may include entities or bodies active in the field of entrepreneurship promotion or in the field of transnational placement services, in particular:

| — | chambers of commerce and industry, chambers of handicrafts or similar bodies, |
| --- | --- |

—

chambers of commerce and industry, chambers of handicrafts or similar bodies,

| — | business support organisations and start-up centres, |
| --- | --- |

—

business support organisations and start-up centres,

| — | business associations and business support networks, |
| --- | --- |

—

business associations and business support networks,

| — | public entities offering business support services, |
| --- | --- |

—

public entities offering business support services,

| — | education and training providers (public, private, sectoral etc.) active in the field of business support, |
| --- | --- |

—

education and training providers (public, private, sectoral etc.) active in the field of business support,

| — | training placement organisations. |
| --- | --- |

—

training placement organisations.

Applicants must be established in an EU Member State.

3.   Budget and project duration

The total budget earmarked for the cofinancing of projects amounts to EUR 2 850 000. Financial assistance from the Commission cannot exceed 90 % of the total eligible costs.

Lot 1: No grant will amount to more than EUR 140 000. The maximum duration of projects is 18 months.

Lot 2: The maximum grant will be EUR 200 000. The maximum duration of the project is 22 months.

Activities of lot 1 and lot 2 must start before 31 December 2008.

4.   Deadline

Applications must be sent to the Commission no later than 20 August 2008.

5.   Further information

The full text of the call for proposals and the application forms are available on the following website:

http://ec.europa.eu/enterprise/funding/index.htm

Applications must comply with the requirements set out in the full text and be submitted using the form provided.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 12.6.2008 | EN | Official Journal of the European Union | C 146/27 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/27

---

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China

(2008/C 146/06)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1).

1.   Request for review

The request was lodged by Bayuquan Refractories Company Limited (‘the applicant’), an exporter from the People's Republic of China.

The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product

The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the People's Republic of China (‘the product concerned’), currently classifiable within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1659/2005 (2) on imports of certain magnesia bricks originating in the People's Republic of China.

4.   Grounds for the review

The request pursuant to Article 11(3) is based on prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were imposed have changed and that these changes are of a lasting nature.

The applicant provided prima facie evidence that the continued application of the measure at its current level is no longer necessary to offset dumping. In particular, the applicant has provided prima facie evidence showing that it meets the criteria for market economy treatment. Furthermore, a comparison of its domestic prices and costs of production and export prices to the Community indicates that the dumping margin appears to be substantially lower than the current level of the measure.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation with a view to determine whether the company operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation and, if so, to determine the company's individual margin of dumping based on their own costs/domestic prices, and should dumping be found, determine the level of the duty to which its imports of the product concerned into the Community should be subject.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant.

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from companies not mentioned in Article 1 of Regulation (EC) No 1659/2005.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a)(i).

(b)   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 must reach the Commission within the time limit set in point 6(a)(i).

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(b)(ii).

(c)   Market economy status

In the event that the company provides sufficient evidence showing that it operates under market economy conditions, i.e. that it meets 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. For this purpose, a duly substantiated claim must be submitted within the specific time limit set in point 6(b) of this notice. The Commission will send a claim form to the company, as well as to the authorities of the People's Republic of China.

In the event that the company is granted market economy treatment, the Commission may, if necessary, use findings concerning the normal value established in an appropriate market economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People's Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People's Republic of China. The Commission considers using the United States of America for this purpose.

6.   Time limits

(a)   General time limits

—   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. 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.

—   Hearings

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

(b)   Specific time limit for submission of claims for market economy treatment

The company's duly substantiated claim for market economy treatment, as mentioned in point 5(c) of this notice, must reach the Commission within 21 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’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘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-co-operation

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, 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, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, 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.

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 (4).

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 the 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 on 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)  OJ L 267, 12.10.2005, p. 1.

(3)  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).

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

---

| 12.6.2008 | EN | Official Journal of the European Union | C 146/30 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/30

---

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China

(2008/C 146/07)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1).

1.   Request for review

The request was lodged by Dashiqiao Sanqiang Refractory Materials Co. Limited (‘the applicant’), an exporter from the People's Republic of China.

The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product

The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the People's Republic of China ('the product concerned'), currently classifiable within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1659/2005 (2) on imports of certain magnesia bricks originating in the People's Republic of China.

4.   Grounds for the review

The request pursuant to Article 11(3) is based on prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were imposed have changed and that these changes are of a lasting nature.

The applicant provided prima facie evidence that the continued application of the measure at its current level is no longer necessary to offset dumping. In particular, the applicant has provided prima facie evidence showing that it meets the criteria for market economy treatment. Furthermore, a comparison of its domestic prices and costs of production and export prices to the Community indicates that the dumping margin appears to be substantially lower than the current level of the measure.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation with a view to determine whether the company operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation and, if so, to determine the company's individual margin of dumping based on their own costs/domestic prices, and should dumping be found, determine the level of the duty to which its imports of the product concerned into the Community should be subject.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant.

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from companies not mentioned in Article 1 of Regulation (EC) No 1659/2005.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a)(i).

(b)   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 must reach the Commission within the time limit set in point 6(a)(i).

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(b)(ii).

(c)   Market economy status

In the event that the company provides sufficient evidence showing that it operates under market economy conditions, i.e. that it meets 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. For this purpose, a duly substantiated claim must be submitted within the specific time limit set in point 6(b) of this notice. The Commission will send a claim form to the company, as well as to the authorities of the People's Republic of China.

In the event that the company is granted market economy treatment, the Commission may, if necessary, use findings concerning the normal value established in an appropriate market economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People's Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People's Republic of China. The Commission considers using the United States of America for this purpose.

6.   Time limits

(a)   General time limits

—   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. 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.

—   Hearings

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

(b)   Specific time limit for submission of claims for market economy treatment

The company's duly substantiated claim for market economy treatment, as mentioned in point 5(c) of this notice, must reach the Commission within 21 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’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘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-co-operation

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, 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, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, 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.

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 (4).

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 the 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 on 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)  OJ L 267, 12.10.2005, p. 1.

(3)  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).

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

---

| 12.6.2008 | EN | Official Journal of the European Union | C 146/33 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/33

---

Notice of the impending expiry of certain anti-dumping measures

(2008/C 146/08)

| 1. | The Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below, as provided in Article 2 of Council Regulation (EC) No 2074/2004 of 29 November 2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People's Republic of China (1). |
| --- | --- |

1.

The Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below, as provided in Article 2 of Council Regulation (EC) No 2074/2004 of 29 November 2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People's Republic of China (1).

2.   Procedure

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

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

3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), J-79 4/23, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

| 4. | This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 (3). |
| --- | --- |

4.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 (3).

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Ring binder mechanisms | People's Republic of China | Anti-dumping duty | Council Regulation (EC) No 2074/2004 (OJ L 359, 4.12.2004, p. 11) extended to imports consigned from Vietnam by Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1) and extended to imports consigned from the Lao People's Democratic Republic by Council Regulation (EC) No 33/2006 (OJ L 7, 12.1.2006, p. 1) | 5.12.2008 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Ring binder mechanisms

People's Republic of China

Anti-dumping duty

Council Regulation (EC) No 2074/2004 (OJ L 359, 4.12.2004, p. 11) extended to imports consigned from Vietnam by Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1) and extended to imports consigned from the Lao People's Democratic Republic by Council Regulation (EC) No 33/2006 (OJ L 7, 12.1.2006, p. 1)

5.12.2008

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(1)  OJ L 359, 4.12.2004, p. 11.

(2)  Fax (32-2) 295 65 05.

(3)  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).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 12.6.2008 | EN | Official Journal of the European Union | C 146/34 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/34

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Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Cases COMP/B-1/39.388 — German Electricity Wholesale Market and COMP/B-1/39.389 — German Electricity Balancing Market

(Text with EEA relevance)

(2008/C 146/09)

1.   INTRODUCTION

| 1. | According to Article 9 of the Council Regulation (EC) 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission. |
| --- | --- |

1.

According to Article 9 of the Council Regulation (EC) 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

| 2. | On 7 May 2008 the Commission adopted a preliminary assessment concerning alleged infringements of E.ON AG, Düsseldorf and its subsidiaries (‘E.ON’) on the German electricity wholesale and balancing markets. This document is a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

2.

On 7 May 2008 the Commission adopted a preliminary assessment concerning alleged infringements of E.ON AG, Düsseldorf and its subsidiaries (‘E.ON’) on the German electricity wholesale and balancing markets. This document is a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003.

| 3. | According to the preliminary assessment E.ON is, together with RWE and Vattenfall, collectively dominant on the German electricity wholesale market. The preliminary assessment expressed the concern that E.ON may have abused its dominant position according to Article 82 of the EC Treaty by withdrawing available capacity (deliberately not offering the production of certain plants which were available and economical to run) with a view to raising electricity prices to the detriment of consumers and by deterring third parties from making new investments in electricity generation. |
| --- | --- |

3.

According to the preliminary assessment E.ON is, together with RWE and Vattenfall, collectively dominant on the German electricity wholesale market. The preliminary assessment expressed the concern that E.ON may have abused its dominant position according to Article 82 of the EC Treaty by withdrawing available capacity (deliberately not offering the production of certain plants which were available and economical to run) with a view to raising electricity prices to the detriment of consumers and by deterring third parties from making new investments in electricity generation.

| 4. | According to the preliminary assessment E.ON is dominant on the market for secondary balancing energy in the E.ON network area, where the Transmission System Operator acts as a monopsonist. The preliminary assessment expressed the concern that E.ON may have abused its dominant position on the network by increasing its own costs with a view to favouring its production affiliate and passing the costs on the final consumer, and by preventing power producers from other Member States from selling balancing energy into the E.ON balancing markets. |
| --- | --- |

4.

According to the preliminary assessment E.ON is dominant on the market for secondary balancing energy in the E.ON network area, where the Transmission System Operator acts as a monopsonist. The preliminary assessment expressed the concern that E.ON may have abused its dominant position on the network by increasing its own costs with a view to favouring its production affiliate and passing the costs on the final consumer, and by preventing power producers from other Member States from selling balancing energy into the E.ON balancing markets.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

| 5. | The parties subject to the proceedings do not agree with the Commission's preliminary assessment. They have nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission's competition concerns. The key elements of the commitments are as follows: |
| --- | --- |

5.

The parties subject to the proceedings do not agree with the Commission's preliminary assessment. They have nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission's competition concerns. The key elements of the commitments are as follows:

| 6. | E.ON will divest the following generation capacity in Germany:






  — | E.ON will divest wholly its shares in the run-of-river plants ÖKB/Inn (182,5 MW), Weser (42 MW), Inn (Nußdorf, Egglfing, Ering; together 102,2 MW) and Jansen (Trausnitz, Tanzmühle; together 5,1 MW), |
| --- | --- | --- |

6.

E.ON will divest the following generation capacity in Germany:

—

E.ON will divest wholly its shares in the run-of-river plants ÖKB/Inn (182,5 MW), Weser (42 MW), Inn (Nußdorf, Egglfing, Ering; together 102,2 MW) and Jansen (Trausnitz, Tanzmühle; together 5,1 MW),

| — | E.ON will grant drawing rights for their whole remaining life-time (including possible extensions) in the nuclear power plants Gundremmingen B, C (643 MW), Krümmel (673 MW) and Unterweser (184 MW), |
| --- | --- |

—

E.ON will grant drawing rights for their whole remaining life-time (including possible extensions) in the nuclear power plants Gundremmingen B, C (643 MW), Krümmel (673 MW) and Unterweser (184 MW),

| — | E.ON will divest wholly its shares in the lignite power plants Lippendorf (445,5 MW), |
| --- | --- |

—

E.ON will divest wholly its shares in the lignite power plants Lippendorf (445,5 MW),

| — | E.ON will grant a drawing right of 159 MW for the whole remaining life-time (including a corresponding right to participate in any new-build) in the lignite power plant Buschhaus, |
| --- | --- |

—

E.ON will grant a drawing right of 159 MW for the whole remaining life-time (including a corresponding right to participate in any new-build) in the lignite power plant Buschhaus,

| — | E.ON will divest wholly its shares in the following hard coal plants: Rostock (256 MW), Zolling (449 MW), Farge (350 MW), Mehrum (345 MW) as well as Veltheim 2/3 (265,3 MW) and Bexbach (79,3 MW), |
| --- | --- |

—

E.ON will divest wholly its shares in the following hard coal plants: Rostock (256 MW), Zolling (449 MW), Farge (350 MW), Mehrum (345 MW) as well as Veltheim 2/3 (265,3 MW) and Bexbach (79,3 MW),

| — | E.ON will divest wholly its shares in the gas fired power plants Robert Frank (491 MW), |
| --- | --- |

—

E.ON will divest wholly its shares in the gas fired power plants Robert Frank (491 MW),

| — | E.ON will divest wholly its shares in the pump storage plants Erzhausen (220 MW) and Jansen (Kainzmühlsperre, Reisachhochspeicher; together 127 MW). |
| --- | --- |

—

E.ON will divest wholly its shares in the pump storage plants Erzhausen (220 MW) and Jansen (Kainzmühlsperre, Reisachhochspeicher; together 127 MW).

| 7. | E.ON will also divest its Transmission System Business consisting of its 380/220 kV-line network, the system operation of the E.ON control area and related activities. |
| --- | --- |

7.

E.ON will also divest its Transmission System Business consisting of its 380/220 kV-line network, the system operation of the E.ON control area and related activities.

| 8. | The commitments are published in full in English on the website of the Directorate-General for Competition at:
  http://ec.europa.eu/comm/competition/index_en.html |
| --- | --- |

8.

The commitments are published in full in English on the website of the Directorate-General for Competition at:

http://ec.europa.eu/comm/competition/index_en.html

4.   INVITATION TO MAKE COMMENTS

| 9. | The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding. |
| --- | --- |

9.

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding.

| 10. | In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which commercial secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words ‘commercial secrets’ or ‘confidential’. Legitimated requests will be respected. |
| --- | --- |

10.

In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which commercial secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words ‘commercial secrets’ or ‘confidential’. Legitimated requests will be respected.

| 11. | Observations can be sent to the Commission under reference number COMP/B-1/39.388 — German Electricity Wholesale Market and COMP/B-1/39.389 — German Electricity Balancing Market either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax ((32-2) 295 01 28) or by post, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Antitrust Registry |
| B-1049 Bruxelles/Brussel |

11.

Observations can be sent to the Commission under reference number COMP/B-1/39.388 — German Electricity Wholesale Market and COMP/B-1/39.389 — German Electricity Balancing Market either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax ((32-2) 295 01 28) or by post, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

B-1049 Bruxelles/Brussel

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(1)  OJ L 1, 4.1.2003, p. 1.

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Corrigenda

| 12.6.2008 | EN | Official Journal of the European Union | C 146/36 |
| --- | --- | --- | --- |

12.6.2008

EN

Official Journal of the European Union

C 146/36

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

(
  Official Journal of the European Union C 143 of 10 June 2008
  )

(2008/C 146/10)

In the contents on the first page of the cover and the title on page 7:

for:

‘Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections’,

read:

‘State aids — Decisions to propose appropriate measures pursuant to Article 88(1) of the EC Treaty where the Member State concerned has accepted those measure’.

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12.6.2008

| 12.6.2008 | EN | Official Journal of the European Union | C 146/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 146/s3

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NOTICE

On 12 June 2008, in Official Journal of the European Union C 146 A, the ‘Common catalogue of varieties of agricultural plant species — Fifth supplement to the 26th complete edition’ will be published.

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