# Official Journal C 163/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 163 |
| | |
| English edition | Information and Notices | Volume 4914 July 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 163

English edition

Information and Notices

Volume 4914 July 2006

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 163/1 | Euro exchange rates | 1 |
| 2006/C 163/2 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (
  1
  ) | 2 |
| 2006/C 163/3 | Uniform Application of the Combined Nomenclature (CN) (Classification of goods) | 3 |
| 2006/C 163/4 | Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis de Lons-le-Saunier)
   (
  1
  ) | 4 |
| 2006/C 163/5 | Prior notification of a concentration (Case COMP/M.4313 — Goldman Sachs/Borealis/Associated British Ports (II)) — Candidate case for simplified procedure (
  1
  ) | 6 |
| | European Central Bank |
| 2006/C 163/6 | Opinion of the European Central Bank of 5 July 2006 at the request of the Council of the European Union on two proposed Council decisions on the exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (CON/2006/35) | 7 |
| 2006/C 163/7 | Opinion of the European Central Bank of 6 July 2006 at the request of the Council of the European Union on a proposal for a Council Regulation amending Regulation (EC) No 974/98 on the introduction of the euro and on a proposal for a Council Regulation amending Regulation (EC) No 2866/98 on the conversion rates between the euro and the currencies of the Member States adopting the euro (CON/2006/36) | 10 |

Notice No

Contents

page

I   Information

Commission

2006/C 163/1

Euro exchange rates

1

2006/C 163/2

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (
  1
  )

1

2

2006/C 163/3

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

3

2006/C 163/4

Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis de Lons-le-Saunier)
   (
  1
  )

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the Permis de Lons-le-Saunier)

1

4

2006/C 163/5

Prior notification of a concentration (Case COMP/M.4313 — Goldman Sachs/Borealis/Associated British Ports (II)) — Candidate case for simplified procedure (
  1
  )

1

6

European Central Bank

2006/C 163/6

Opinion of the European Central Bank of 5 July 2006 at the request of the Council of the European Union on two proposed Council decisions on the exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (CON/2006/35)

7

2006/C 163/7

Opinion of the European Central Bank of 6 July 2006 at the request of the Council of the European Union on a proposal for a Council Regulation amending Regulation (EC) No 974/98 on the introduction of the euro and on a proposal for a Council Regulation amending Regulation (EC) No 2866/98 on the conversion rates between the euro and the currencies of the Member States adopting the euro (CON/2006/36)

10

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 14.7.2006 | EN | Official Journal of the European Union | C 163/1 |
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14.7.2006

EN

Official Journal of the European Union

C 163/1

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Euro exchange rates (1)

13 July 2006

(2006/C 163/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2692 |
| JPY | Japanese yen | 146,33 |
| DKK | Danish krone | 7,4597 |
| GBP | Pound sterling | 0,68970 |
| SEK | Swedish krona | 9,1818 |
| CHF | Swiss franc | 1,5620 |
| ISK | Iceland króna | 94,52 |
| NOK | Norwegian krone | 7,9280 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5750 |
| CZK | Czech koruna | 28,520 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 279,93 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0415 |
| RON | Romanian leu | 3,5878 |
| SIT | Slovenian tolar | 239,64 |
| SKK | Slovak koruna | 38,633 |
| TRY | Turkish lira | 2,0155 |
| AUD | Australian dollar | 1,6827 |
| CAD | Canadian dollar | 1,4378 |
| HKD | Hong Kong dollar | 9,8698 |
| NZD | New Zealand dollar | 2,0546 |
| SGD | Singapore dollar | 2,0091 |
| KRW | South Korean won | 1 204,85 |
| ZAR | South African rand | 9,1607 |
| CNY | Chinese yuan renminbi | 10,1470 |
| HRK | Croatian kuna | 7,2518 |
| IDR | Indonesian rupiah | 11 556,07 |
| MYR | Malaysian ringgit | 4,645 |
| PHP | Philippine peso | 66,398 |
| RUB | Russian rouble | 34,1880 |
| THB | Thai baht | 48,151 |

Currency

Exchange rate

USD

US dollar

1,2692

JPY

Japanese yen

146,33

DKK

Danish krone

7,4597

GBP

Pound sterling

0,68970

SEK

Swedish krona

9,1818

CHF

Swiss franc

1,5620

ISK

Iceland króna

94,52

NOK

Norwegian krone

7,9280

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5750

CZK

Czech koruna

28,520

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

279,93

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0415

RON

Romanian leu

3,5878

SIT

Slovenian tolar

239,64

SKK

Slovak koruna

38,633

TRY

Turkish lira

2,0155

AUD

Australian dollar

1,6827

CAD

Canadian dollar

1,4378

HKD

Hong Kong dollar

9,8698

NZD

New Zealand dollar

2,0546

SGD

Singapore dollar

2,0091

KRW

South Korean won

1 204,85

ZAR

South African rand

9,1607

CNY

Chinese yuan renminbi

10,1470

HRK

Croatian kuna

7,2518

IDR

Indonesian rupiah

11 556,07

MYR

Malaysian ringgit

4,645

PHP

Philippine peso

66,398

RUB

Russian rouble

34,1880

THB

Thai baht

48,151

---

(1)

Source: reference exchange rate published by the ECB.

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| 14.7.2006 | EN | Official Journal of the European Union | C 163/2 |
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14.7.2006

EN

Official Journal of the European Union

C 163/2

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(2006/C 163/02)

(Text with EEA relevance)

Aid No: XT 62/05

Member State: Italy

Region: Chamber of Commerce, Industry, Craft and Agriculture of Reggio Emilia (Emilia-Romagna)

Title of aid scheme or name of company receiving individual aid: Contributions to training measures for farms in Reggio Emilia

Legal basis: Delibera della Giunta Camerale n. 102 del 5.10.2005

Annual expenditure planned: EUR 50 000

Maximum aid intensity: 70 %

Date of implementation: 5.10.2005 (Deadline for submission of applications: 31.10.2005)

Duration of scheme:

Objective of aid: The aid is intended to support general training plans for farms in the province of Reggio Emilia in order to:

improve the occupational skills of farmers and farm workers in preparation for the qualitative reorientation of production, the application of production practices compatible with the protection of the environment, enhancement of the landscape, hygiene standards and animal welfare;

provide farmers and farm workers with the necessary knowledge to run an economically profitable business.

Economic sectors concerned: Agriculture

Name and address of the granting authority:

| Camera di Commercio, Industria, Artigianato e Agricoltura di Reggio Emilia |
| --- |
| Piazza della Vittoria |
| I-42100 Reggio Emilia |

Camera di Commercio, Industria, Artigianato e Agricoltura di Reggio Emilia

Piazza della Vittoria

I-42100 Reggio Emilia

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| 14.7.2006 | EN | Official Journal of the European Union | C 163/3 |
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14.7.2006

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Official Journal of the European Union

C 163/3

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UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

(2006/C 163/03)

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

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

| | On page 288 insert the following text:









  ‘7215 50 11 to 7215 50 80 | Other, not further worked than cold-formed or cold-finished |
| --- | --- | --- |
| | Hot-rolled bars may be cold-finished by drawing or other process — notably rectification or calibration — giving the product a better finish. The amelioration of the finish is the reduction of the tolerances on the diameter and on the ovalisation and the elimination from the surface of any default such as micro-cracks or decarburized zones. This operation renders them classifiable as “cold-formed” or “cold-finished”. They generally have a smooth and rather homogeneous surface. They are free from grooves and other superficial defects, although the sized bars can have very weak to average roughness, according to the degree of rectification.
  Surface treatments in addition to that mentioned above, such as polishing, are excluded (See the Explanatory Notes to subheading 7215 90 00).’ |

On page 288 insert the following text:

‘7215 50 11 to 7215 50 80

Other, not further worked than cold-formed or cold-finished

Hot-rolled bars may be cold-finished by drawing or other process — notably rectification or calibration — giving the product a better finish. The amelioration of the finish is the reduction of the tolerances on the diameter and on the ovalisation and the elimination from the surface of any default such as micro-cracks or decarburized zones. This operation renders them classifiable as “cold-formed” or “cold-finished”. They generally have a smooth and rather homogeneous surface. They are free from grooves and other superficial defects, although the sized bars can have very weak to average roughness, according to the degree of rectification.

Surface treatments in addition to that mentioned above, such as polishing, are excluded (See the Explanatory Notes to subheading 7215 90 00).’

| | On page 344 insert the following text:









  ‘8541 40 90 | Other |
| --- | --- | --- |
| | This subheading includes photovoltaic cells assembled in modules or made up into panels incorporating bypass diodes (but no blocking diodes). The bypass diodes are not elements which supply the power directly to, for example, a motor (see the HS Explanatory Notes to headings 8501 and 8541).’ |

On page 344 insert the following text:

On page 344 insert the following text:

‘8541 40 90

Other

This subheading includes photovoltaic cells assembled in modules or made up into panels incorporating bypass diodes (but no blocking diodes). The bypass diodes are not elements which supply the power directly to, for example, a motor (see the HS Explanatory Notes to headings 8501 and 8541).’

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(1)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 996/2006 (OJ L 179, 1.7.2006, p. 26).

1

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

2

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| 14.7.2006 | EN | Official Journal of the European Union | C 163/4 |
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14.7.2006

EN

Official Journal of the European Union

C 163/4

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Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1)

(Notice regarding an application for an exclusive licence to prospect for oil and gas, designated the ‘Permis de Lons-le-Saunier’)

(2006/C 163/04)

(Text with EEA relevance)

On 30 June 2005, European Gas Limited, with registered offices at 11, rue Tonduti de l'Escarène, 06000 Nice (France), applied for an exclusive five-year licence, designated the ‘Permis de Lons-le-Saunier’, to prospect for oil and gas in an area of approximately 3 795 km2 covering parts of the departments of Ain, Saône et Loire, Jura and Doubs.

The perimeter of the area covered by this licence consists of the meridian and parallel arcs connecting in turn the points defined below by their geographical coordinates, the original meridian being that of Paris.

| POINTS | LONGITUDE | LATITUDE |
| --- | --- | --- |
| A | 4,20° E | 52,20° N |
| B | 4,20° E | 52,00° N |
| C | 4,10° E | 52,00° N |
| D | 4,10° E | 51,90° N |
| E | 3,90° E | 51,90° N |
| F | 3,90° E | 51,70° N |
| G | 3,70° E | 51,70° N |
| H | 3,70° E | 51,60° N |
| I | 3,40° E | 51,60° N |
| J | 3,40° E | 51,50° N |
| K | 3,30° E | 51,50° N |
| L | 3,30° E | 51,40° N |
| M | 3,10° N | 51,40° N |
| N | 3,10° E | 51,30° N |
| E | 2,80° E | 51,30° N |
| P | 2,80° E | 51,50° N |
| Q | 2,90° E | 51,50° N |
| R | 2,90° E | 51,80° N |
| S | 3,10° E | 51,80° N |
| T | 3,10° E | 51,90° N |
| U | 3,30° E | 51,90° N |
| V | 3,30° E | 52,00° N |
| W | 3,70° E | 52,00° N |
| X | 3,70° E | 52,10° N |
| Y | 3,90° E | 52,10° N |
| Z | 3,90° E | 52,20° N |

POINTS

LONGITUDE

LATITUDE

A

4,20° E

52,20° N

B

4,20° E

52,00° N

C

4,10° E

52,00° N

D

4,10° E

51,90° N

E

3,90° E

51,90° N

F

3,90° E

51,70° N

G

3,70° E

51,70° N

H

3,70° E

51,60° N

I

3,40° E

51,60° N

J

3,40° E

51,50° N

K

3,30° E

51,50° N

L

3,30° E

51,40° N

M

3,10° N

51,40° N

N

3,10° E

51,30° N

E

2,80° E

51,30° N

P

2,80° E

51,50° N

Q

2,90° E

51,50° N

R

2,90° E

51,80° N

S

3,10° E

51,80° N

T

3,10° E

51,90° N

U

3,30° E

51,90° N

V

3,30° E

52,00° N

W

3,70° E

52,00° N

X

3,70° E

52,10° N

Y

3,90° E

52,10° N

Z

3,90° E

52,20° N

Submission of applications

The initial applicants and competing applicants must prove that they comply with the requirements for obtaining the licence, as specified in Articles 3, 4 and 5 of Decree No 95-427 of 19 April 1995, as amended, concerning mining rights.

Interested companies may, within 90 days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’ published in
  Official Journal of the European Communities C 374 of 30 December 1994, p. 11, and established by Decree No 95-427 of 19 April 1995, as amended, concerning mining rights (Journal officiel de la République française, 22 April 1995).

Competing applications must be sent to the Minister responsible for mines at the address below. Decisions on the initial application and competing applications will be taken by 15 February 2008 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Applicants are referred to Articles 79 and 79(1) of the Mining Code and to Decree No 95-696 of 9 May 1995, as amended, on the start of mining operations and the mining regulations (Journal officiel de la République française, 11 May 1995).

Further information can be obtained from the Ministry of Economic Affairs, Finance and Industry (Directorate-General for Energy and Raw Materials, Directorate for Energy and Mineral Resources, Bureau of Mining Legislation), 61, boulevard Vincent Auriol, Télédoc 133, F-75703 Paris Cedex 13, France (telephone: (33) 144 97 23 02, fax: (33) 144 97 05 70).

The abovementioned laws and regulations can be consulted at http://www.legifrance.gouv.fr

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(1)  OJ L 164 of 30.6.1974, p. 3.

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| 14.7.2006 | EN | Official Journal of the European Union | C 163/6 |
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14.7.2006

EN

Official Journal of the European Union

C 163/6

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Prior notification of a concentration

(Case COMP/M.4313 — Goldman Sachs/Borealis/Associated British Ports (II))

Candidate case for simplified procedure

(2006/C 163/05)

(Text with EEA relevance)

| 1. | On 6 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Goldman Sachs Group Inc. (‘Goldman Sachs’ USA), Borealis Infrastructure Management Inc. (‘Borealis’ Canada), and GIC Special Investments Pte Ltd (‘GIC’ Singapore) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of Associated British Ports Holdings PLC (‘AIB’, UK), via purchase of shares. |
| --- | --- |

1.

On 6 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Goldman Sachs Group Inc. (‘Goldman Sachs’ USA), Borealis Infrastructure Management Inc. (‘Borealis’ Canada), and GIC Special Investments Pte Ltd (‘GIC’ Singapore) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of Associated British Ports Holdings PLC (‘AIB’, UK), via purchase of shares.

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






  — | The Goldman Sachs Group, Inc. is a global investment banking, securities and investment management firm that provides a wide range of banking, securities and investment services worldwide. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

The Goldman Sachs Group, Inc. is a global investment banking, securities and investment management firm that provides a wide range of banking, securities and investment services worldwide.

| — | Borealis Infrastructure Management Inc. is one of the largest infrastructure investors in the world (which is in turn owned by Ontario Municipal Employees Retirement System, one of Canada's largest pension funds). |
| --- | --- |

—

Borealis Infrastructure Management Inc. is one of the largest infrastructure investors in the world (which is in turn owned by Ontario Municipal Employees Retirement System, one of Canada's largest pension funds).

| — | Associated British Ports Holdings PLC is a UK company, constituted under the Transport Act 1981. Its principal business activities are in UK port operations and provision of related services, including stevedoring activities, to ship and cargo owners and other port users. |
| --- | --- |

—

Associated British Ports Holdings PLC is a UK company, constituted under the Transport Act 1981. Its principal business activities are in UK port operations and provision of related services, including stevedoring activities, to ship and cargo owners and other port users.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4313 — Goldman Sachs/Borealis/Associated British Ports (II), to the following address:





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

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4313 — Goldman Sachs/Borealis/Associated British Ports (II), to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

(2)  OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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European Central Bank

| 14.7.2006 | EN | Official Journal of the European Union | C 163/7 |
| --- | --- | --- | --- |

14.7.2006

EN

Official Journal of the European Union

C 163/7

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OPINION OF THE EUROPEAN CENTRAL BANK

of 5 July 2006

at the request of the Council of the European Union on two proposed Council decisions on the exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme)

(CON/2006/35)

(2006/C 163/06)

Introduction and legal basis

On 12 June 2006 the European Central Bank (ECB) received requests from the Council of the European Union for opinions on two proposed measures: a proposal for a Council decision amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme); and a proposal for a Council decision extending to the non-participating Member States the application of Council Decision amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (1).

The ECB's competence to deliver an opinion is based on Article 105(4) of the Treaty establishing the European Community. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

1.   General observations

The fight against euro counterfeiting is of great importance for citizens' confidence in the single currency. The ECB, which has the exclusive right to authorise the issue of banknotes within the Community, is actively involved in this effort. Specifically, the ECB develops banknote designs and advanced technical features for inclusion in euro banknotes, which allow both laymen and experts to distinguish genuine banknotes from counterfeits. Moreover, the ECB analyses new counterfeit types at its Counterfeit Analysis Centre (CAC) and uses the knowledge gained to better advise law enforcement authorities and enhance the features of future banknotes. The CAC coordinates the dissemination of all known technical and statistical data on euro counterfeits to all relevant parties. The ECB welcomes the Pericles programme as a useful contribution to the activities deployed by the ECB, EUROPOL and national authorities in the fight against euro counterfeiting.

2.   Specific observations

The ECB has two specific observations on the proposed legislation, in line with some of the observations made in Opinion CON/2005/22 of 21 June 2005 (2) regarding the extension of the temporal and material scope of the Pericles programme.

2.1   Duration of the proposed extension

It is important for Community legislation to ensure that the extension of the Pericles programme is adequately linked to the timing of (i) the introduction of the euro in the new Member States; and (ii) the issue of the second series of euro banknotes. The ECB confirms that an extension to 31 December 2013 would provide for such an adequate link.

2.2   Involvement of the ECB and Europol in financing decisions under the Pericles programme

In order to avoid overlaps and ensure consistency and complementarity of actions under the Pericles programme, and to take advantage of the ECB's expertise in the field, it would be beneficial for the Commission, the ECB and Europol to jointly examine initiatives to be funded under the Pericles programme, and for the selection decision to require the consultation and due consideration of the views of the two latter bodies, within the framework of the Steering Group they already established with the aim of developing a common strategy against counterfeiting of the euro.

3.   Drafting proposal

In addition to the above advice, a drafting proposal is set out in the Annex.

Done at Frankfurt am Main, 5 July 2006.

The President of the ECB

Jean-Claude TRICHET

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(1)  COM(2006) 243 final contains both proposals (2006/0078(CNS) and 2006/0079(CNS)).

1

(2)  OJ C 161, 1.7.2005, p. 11.

2

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ANNEX

Drafting proposals

| Text proposed by the Commission (1) | Amendments proposed by the ECB (2) |
| --- | --- |
| Amendment 1
  Article 1 of proposal 2006/0078(CNS) |
| [No current proposal] | Recital 7 shall be replaced by the following:


  Without prejudice to the role of the ECB and of the Steering Group established among the Commission, the ECB and Europol for the protection of the euro against counterfeiting, the Commission will carry out all consultations concerning the evaluation of needs for the protection of the euro with the main parties involved (in particular the competent national authorities designated by the Member States, the ECB and Europol) within the appropriate advisory committee provided for in Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (3), particularly as regards exchanges, assistance and training, for the purpose of implementing this programme. |
| Justification — See paragraph 2.2 of the opinion |
| Amendment 2
  Article 1 of proposal 2006/0078(CNS) |
| [No current proposal] | The following sentence shall be added to the second subparagraph of Article 5(1):


  The latter shall be required to give their views for due consideration as regards the selection, pursuant to Article 12(2), of projects presented by the Member States or devised on the Commission's own initiative. |
| Justification — See paragraph 2.2 of the opinion |

Text proposed by the Commission (1)

Amendments proposed by the ECB (2)

Amendment 1

Article 1 of proposal 2006/0078(CNS)

[No current proposal]

Recital 7 shall be replaced by the following:

Without prejudice to the role of the ECB and of the Steering Group established among the Commission, the ECB and Europol for the protection of the euro against counterfeiting, the Commission will carry out all consultations concerning the evaluation of needs for the protection of the euro with the main parties involved (in particular the competent national authorities designated by the Member States, the ECB and Europol) within the appropriate advisory committee provided for in Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (3), particularly as regards exchanges, assistance and training, for the purpose of implementing this programme.

Justification — See paragraph 2.2 of the opinion

Amendment 2

Article 1 of proposal 2006/0078(CNS)

[No current proposal]

The following sentence shall be added to the second subparagraph of Article 5(1):

The latter shall be required to give their views for due consideration as regards the selection, pursuant to Article 12(2), of projects presented by the Member States or devised on the Commission's own initiative.

Justification — See paragraph 2.2 of the opinion

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(1)  Italics in the body of the text indicate where the ECB proposes deleting text.

(2)  Bold in the body of the text indicates where the ECB proposes inserting new text.

(3)  OJ L 181, 4.7.2001, p. 6.

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| 14.7.2006 | EN | Official Journal of the European Union | C 163/10 |
| --- | --- | --- | --- |

14.7.2006

EN

Official Journal of the European Union

C 163/10

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OPINION OF THE EUROPEAN CENTRAL BANK

of 6 July 2006

at the request of the Council of the European Union on a proposal for a Council Regulation amending Regulation (EC) No 974/98 on the introduction of the euro and on a proposal for a Council Regulation amending Regulation (EC) No 2866/98 on the conversion rates between the euro and the currencies of the Member States adopting the euro

(CON/2006/36)

(2006/C 163/07)

Introduction and legal basis

On 4 July 2006, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a Proposal for a Council Regulation amending Regulation (EC) No 974/98 on the introduction of the euro (hereinafter ‘proposed regulation I’) and on a Proposal for a Council Regulation amending Regulation (EC) No 2866/98 on the conversion rates between the euro and the currencies of the Member States adopting the euro (hereinafter ‘proposed regulation II’).

The ECB's competence to deliver an opinion is based on Article 123(5) of the Treaty establishing the European Community, which is the basis for the two proposed regulations. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

1.   Purpose of the proposed regulations

| 1.1 | The proposed regulations will enable the introduction of the euro as the currency of Slovenia, following the abrogation of Slovenia's derogation in accordance with the procedure set out in Article 122(2) of the Treaty. |
| --- | --- |

1.1

The proposed regulations will enable the introduction of the euro as the currency of Slovenia, following the abrogation of Slovenia's derogation in accordance with the procedure set out in Article 122(2) of the Treaty.

2.   Specific observations

| 2.1 | With regard to proposed regulation I, the ECB recommends that the second paragraph of Article 2 should not refer explicitly to Protocols 25 and 26 or to Article 122(1) of the Treaty, but instead should refer generally to the Treaty in accordance with Annex V, paragraph A.4(a)(ii) of Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council's Rules of Procedure (1). It should be noted in this context that Council Regulation (EC) No 2596/2000 of 27 November 2000 amending Regulation (EC) No 974/98 on the introduction of the euro (2), which was adopted on the occasion of the introduction of the euro in Greece, did not refer to the abovementioned Protocols or to Article 122(1) of the Treaty in accordance with Annex II, paragraph A.4(a)(ii) of Council Decision 2000/396/EC, ECSC, Euratom of 5 June 2000 adopting the Council's Rules of Procedure (3). |
| --- | --- |

2.1

With regard to proposed regulation I, the ECB recommends that the second paragraph of Article 2 should not refer explicitly to Protocols 25 and 26 or to Article 122(1) of the Treaty, but instead should refer generally to the Treaty in accordance with Annex V, paragraph A.4(a)(ii) of Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council's Rules of Procedure (1). It should be noted in this context that Council Regulation (EC) No 2596/2000 of 27 November 2000 amending Regulation (EC) No 974/98 on the introduction of the euro (2), which was adopted on the occasion of the introduction of the euro in Greece, did not refer to the abovementioned Protocols or to Article 122(1) of the Treaty in accordance with Annex II, paragraph A.4(a)(ii) of Council Decision 2000/396/EC, ECSC, Euratom of 5 June 2000 adopting the Council's Rules of Procedure (3).

| 2.2 | The ECB welcomes proposed regulation II, which would irrevocably fix the conversion rate between the euro and the Slovenian tolar as being equal to the central rate of the Slovenian tolar in the exchange rate mechanism II (ERM II), i.e. at EUR 1 = SIT 239,640. The ECB has no objection to proposed regulation II being adopted several months before Slovenia adopts the euro. As a provision of a Community regulation with general application (i.e. it is legally binding in its entirety and directly applicable in all Member States), the conversion rate between the euro and the Slovenian tolar will apply from 1 January 2007 in all legal instruments referring to the currency of Slovenia, as was the case for the conversion rates between the euro and the currencies of other participating Member States when they adopted the euro. |
| --- | --- |

2.2

The ECB welcomes proposed regulation II, which would irrevocably fix the conversion rate between the euro and the Slovenian tolar as being equal to the central rate of the Slovenian tolar in the exchange rate mechanism II (ERM II), i.e. at EUR 1 = SIT 239,640. The ECB has no objection to proposed regulation II being adopted several months before Slovenia adopts the euro. As a provision of a Community regulation with general application (i.e. it is legally binding in its entirety and directly applicable in all Member States), the conversion rate between the euro and the Slovenian tolar will apply from 1 January 2007 in all legal instruments referring to the currency of Slovenia, as was the case for the conversion rates between the euro and the currencies of other participating Member States when they adopted the euro.

3.   Drafting proposal

In addition to the above advice, a drafting proposal is set out in the Annex.

Done at Frankfurt am Main, 6 July 2006.

The President of the ECB

Jean-Claude TRICHET

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(1)  OJ L 106, 15.4.2004, p. 22. Decision as last amended by Decision 2006/34/EC, Euratom (OJ L 22, 26.1.2006, p. 32).

1

(2)  OJ L 300, 29.11.2000, p. 2.

2

(3)  OJ L 149, 23.6.2000, p. 21. Decision replaced by Decision 2002/682/EC, Euratom (OJ L 230, 28.8.2002, p. 7).

3

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ANNEX

Drafting proposal (proposed regulation I)

| Text proposed by the Commission (1) | Amendment proposed by the ECB (2) |
| --- | --- |
| Amendment 1
  Second paragraph of Article 2 |
| This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty, subject to Protocols 25 and 26 and Article 122(1). | This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community. |

Text proposed by the Commission (1)

Amendment proposed by the ECB (2)

Amendment 1

Second paragraph of Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty, subject to Protocols 25 and 26 and Article 122(1).

This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.

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(1)  Italics in the body of the text indicate where the ECB proposes deleting text.

(2)  Bold in the body of the text indicates where the ECB proposes inserting new text.

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