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I Information

Commission

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Euro exchange rates (1)

16 January 2006

(2006/C 11/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Prior notification of a concentration

(Case COMP/M.4064 — Montagu/BSN Medical)

Candidate case for simplified procedure

(2006/C 11/02)

(Text with EEA relevance)

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

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

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Prior notification of a concentration

(Case COMP/M.4101 — MatlinPatterson/Deutsche Bank/Michel Thierry)

Candidate case for simplified procedure

(2006/C 11/03)

(Text with EEA relevance)

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

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

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Notice of initiation of an anti-dumping proceeding concerning imports of pentaerythritol originating in the United States of America, the People's Republic of China, Russia, Turkey and Ukraine

(2006/C 11/04)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), as last amended by Regulation (EC) No 2117/2005 (2), alleging that imports of pentaerythritol, originating in the United States of America, the People's Republic of China, Russia, Turkey and Ukraine (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 2 December 2005 by CEFIC (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of pentaerythritol.

2.   Product

The product allegedly being dumped is pentaerythritol originating in the United States of America, the People's Republic of China, Russia, Turkey and Ukraine (‘the product concerned’), normally declared within CN code 2905 42 00. This CN code is only given for information.

3.   Allegation of dumping

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

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

On this basis, the dumping margins calculated are significant for all exporting countries concerned.

4.   Allegation of injury

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

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

5.   Procedure

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

5.1.   Procedure for the determination of dumping and injury

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

(a)   Sampling

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

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

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

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

(ii)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

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

(i)   Exporters producers in the United States of America, Russia, Turkey and Ukraine and importers

All such interested parties should contact the Commission forthwith by fax, but not later than the time limit set out in point 6(a)(i) of this notice, in order to find out whether they are listed in the complaint and, if necessary, request a questionnaire, given that the time limit set in point 6(a)(ii) applies to all such interested parties.

(ii)   Exporters/producers claiming an individual margin in the People's Republic of China

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

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

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

(e)   Market economy status

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

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

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

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (5) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

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(1)OJ L 56, 6.3.1996, p. 1.

(2)OJ L 340, 23.12.2005, p. 17.

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

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

(5)  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).

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Non-opposition to a notified concentration

(Case COMP/M.4038 — PAI/SSK (Specialty Chemicals))

(2006/C 11/05)

(Text with EEA relevance)

On 15 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.4029 — Kuehne + Nagel/ACR Logistics)

(2006/C 11/06)

(Text with EEA relevance)

On 21 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.3996 — Industri Kapital/Kwintet)

(2006/C 11/07)

(Text with EEA relevance)

On 16 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.4031 — JCI/SAFT/JV)

(2006/C 11/08)

(Text with EEA relevance)

On 19 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.4040 — KKR/FL Selenia)

(2006/C 11/09)

(Text with EEA relevance)

On 19 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.4005 — Ineos/Innovene)

(2006/C 11/10)

(Text with EEA relevance)

On 9 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.3935 — Jefferson Smurfit/Kappa)

(2006/C 11/11)

(Text with EEA relevance)

On 10 November 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(2) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.3982 — Technip/Subsea 7/Asia Pacific JV)

(2006/C 11/12)

(Text with EEA relevance)

On 19 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No. 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.4006 — Crédit Agricole/Banca Intesa/Nextra Investment Management)

(2006/C 11/13)

(Text with EEA relevance)

On 14 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.3944 — Behr/Hella/JV)

(2006/C 11/14)

(Text with EEA relevance)

On 24 November 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Non-opposition to a notified concentration

(Case COMP/M.4056 — Hochtief Airport/CDPQ/Budapest Airport)

(2006/C 11/15)

(Text with EEA relevance)

On 21 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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III Notices

Commission

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F-Cayenne: Operation of scheduled air services

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Cayenne on the one hand and Maripasoula, Saül and Grand-Santi via Saint-Laurent-du-Maroni on the other

(2006/C 11/16)

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

If on 1 May 2006 no air carrier has commenced or is about to commence operating scheduled air services in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to a single carrier and to offer the right to operate such services from 1 June 2006 by 3 separate tenders. This date is provisional.

Separate invitations to tender are being issued for each of the 3 routes.

2.   Subject of the invitation to tender: The operation from 1 June 2006 of scheduled air services on each of the following routes, in accordance with the public service obligations published in Official Journal of the European Union C 83 of 5.4.2005:

Cayenne — Maripasoula,

Cayenne — Saül,

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

The start date for air services between Cayenne and Grand-Santi via Saint-Laurent du Maroni may be postponed depending on the date on which the airport at Grand-Santi is opened for the planned services.

Tenderers may present bids to operate several of the abovementioned routes, particularly where this results in a reduction in the overall compensation required. However, tenders must clearly indicate the amount of compensation required for each route, where appropriate showing any variations depending on how many of the carrier's bids are selected.

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

4.   Tender procedure and selection criteria: Each of the 3 invitations to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92, and to the provisions of Articles L. 1411-1 ff. of the General Local Authorities Code concerning Public Service Delegations and the texts implementing them (including Decree No 97-638 of 31 May 1997 implementing Law No 97-210 of 11 March 1997 on strengthening the fight against illegal employment).

First, the guarantees of professional competence and the financial guarantees of the applicant air carriers will be examined, as provided for in the third subparagraph of Article L. 1411-1 of the General Local Authorities Code. Next, carriers whose applications are accepted will be invited to present their tenders.

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

5.   Tender dossier: The full tender dossier, including the specific rules for these invitations to tender and the public service delegation agreement and its technical annex (text of the public service obligations published in the Official Journal of the European Communities) is obtainable free of charge from:

Conseil régional de la Guyane, direction du développement, de l'économie et de l'aménagement, service aménagement et développement du territoire, route de Montabo, rond point de Suzini, 3ème étage, BP 7025, F-97307 Cayenne Cedex. Tel. (594) 27 11 93, fax (594) 27 12 88.

6.   Financial compensation: The tenders submitted will specify the amount required by way of compensation for operating each service for 3 years from the scheduled start date (with an annual breakdown). The exact amount of compensation finally granted will be determined annually ‘ex post’ on the basis of the costs and revenue actually generated by the service, within the limits of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions.

The annual payments will be made in the form of instalments and a balance. The balance will be paid only after approval of the carrier's accounts for the routes in question and verification that the service has been operated in accordance with the conditions laid down in point 8 below.

In the event of termination of the contract before its normal expiry date, point 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.

7.   Duration of contract: The duration of the contract (public service delegation agreement) is 3 years from the date scheduled for the commencement of the services.

8.   Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the routes in question will be examined at least once a year in cooperation with the carrier.

9.   Amendment and termination of the contract: Where the carrier believes that unforeseen changes in the operating conditions justify revision of the maximum amount of financial compensation, it must present a reasoned request to the other contracting parties, which must reach a decision within 2 months.

The contract may be cancelled by either contracting party before the end of the normal period of validity by giving 6 months' notice. In the event of serious breaches of the public service obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligations within 1 month of the serving of formal notice.

10.   Penalties: Failure by the carrier to observe the period of notice referred to in point 9 will be subject either to an administrative fine pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in point 6.

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 6 will be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, the number of flights not complying with the public service obligations regarding stopovers and fares charged.

11.   Submission of tenders: Tender dossiers, the content of which is specified in the specific rules for these invitations to tender, must reach the following address before 12.00 (local time):

Conseil régional de la Guyane, direction du développement, de l'économie et de l'aménagement, service aménagement et développement du territoire, route de Montabo, rond point de Suzini, 3ème étage, BP 7025, F-97307 Cayenne Cedex. Tel.: (594) 27 11 93, fax: (594) 27 12 88,

at the latest 5 weeks after the date of publication of this invitation to tender in the Official Journal of the European Union, and must be sent by registered letter with acknowledgement of receipt (the date on the latter will serve as proof of the date of receipt) or delivered by hand (in which case a receipt must be obtained).

12.   Validity of the invitations to tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 1 May 2006 a programme for operating the route in question from 1 June 2006 in accordance with the public service obligations imposed, without receiving any financial compensation.

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