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I Information

Commission

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Euro exchange rates (1)

19 December 2005

(2005/C 323/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin

(2005/C 323/02)

This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognized in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92.

SUMMARY

COUNCIL REGULATION (EEC) No 2081/92

‘CHOURIÇA DE CARNE DE BARROSO — MONTALEGRE’

EC No: PT/00239/16.05.2002

PDO ( ) PGI ( X )

This summary has been drawn up for information purposes only. For full details, in particular the producers of the PDO or PGI concerned, please consult the complete version of the product specification obtainable at national level or from the European Commission (1).

1.   Responsible department in the Member State:

2.   Group:

2.1   Name: Cooperativa Agrícola dos Produtores de Batata para Semente de Montalegre, CRL

2.2   Address: 

2.3   Composition: producers/processors (X) other ( )

3.   Type of product:

Type 1.2 — Meat-based products

4.   Specification

(summary of requirements under Article 4(2)):

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(1)  European Commission, Directorate-General for Agriculture, Agricultural product quality policy, B-1049 Brussels.

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001, as amended by Commission Regulation (EC) No 363/2004 of 25 February 2004, on the application of Articles 87 and 88 of the EC Treaty to training aid

(2005/C 323/03)

(Text with EEA relevance)

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001, as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004, on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(2005/C 323/04)

(Text with EEA relevance)

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

Cases where the Commission raises no objections

(2005/C 323/05)

(Text with EEA relevance)

Date of adoption of the decision: 

Member State: Italy

Aid No: N 125/2004

Title: Aid for the conversion of fixed-term contracts to open-ended contracts

Objective: To encourage job creation and the long-term recruitment of disadvantaged and disabled workers through aid conditional on the conversion of fixed-term contracts to open-ended contracts

Legal basis: Deliberazione della Giunta regionale n. 92/10150 del 28.7.2003

Budget: EUR 1 685 600

Aid intensity or amount: 

Duration: 

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption: 

Member State: Italy — Piemonte Region

Aid No: N 184/A/04 and N 184/B/04

Title: ‘Hydrogen Research programme:’ Micro CHP ‘and’ CELCO ‘projects’

Objective: the scheme is intended to fund two research projects in the hydrogen and fuel cells field

Legal basis: Decisioni 8-11047 e 9-11048, del 24 novembre 2003, adottate dalla Giunta regionale del Piemonte

Budget: EUR 1 438 875 and 1 561 125 respectively for the two projects

Intensity: 50 % gross as industrial research is concerned, no aid intensity increase is foreseen

Duration: four years

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of decision: 

Member State: Greece

Aid No: N 236/2005

Title: Amendment of the Greek Regional Aid Map

Objective(s): Regional aid

Comments: Modification of the Greek regional aid map — Drama and Kavala

Duration: Until 31.12.2006

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of decision: 

Member State: Poland (Kujawsko-Pomorskie)

Aid No: N 244/2005

Title: Regional aid scheme for supporting new investments in the commune of Pakosc

Objective(s): Regional aid

Comments: Support for initial investment in an assisted area

Budget: PLN 700 000/EUR 167 000

Aid intensity or amount: 50 % (plus 15 percentage points gross bonus for SMEs)

Duration: From 2005 to 31.12.2006

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption: 

Member State: Italy — Trento Autonomous Province

Aid No: N 250/2004

Title:: ‘Restructuring and diversification funds for firms in difficulty’

Objective: the scheme is intended to provide SMEs with rescue and restructuring aid, in the form of short-terms loans and guarantees on loans respectively

Legal basis: Articolo 16 della Legge provinciale n. 4/2004 e progetto di modalità di applicazione, in conformità dell'articolo 16, paragrafo 2, della legge stessa

Budget: EUR 6 million for the whole scheme, over a 3 year period

Duration: 2004-2006

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision: 

Member State: United Kingdom

Aid No: N 267/2005

Title: Rural Broadband Access Project

Objective: To support the provision of wholesale broadband services, at conditions similar to urban areas, in certain areas of the West Midlands, East Midlands and South West England which are currently not served and where there are no plans for coverage in the near future

Legal basis: The measure is based on UK Government Policy implemented under the Regional Development Act 1998, Section 5 (1)

Overall budget: The maximum amount of funds available for the Advantage West Midlands Regional Development Agency (‘AWM’) regional post codes, within the West Midlands, is GBP [...] (1) and a further GBP [...] for the other post codes in the other RDA regions (predominately South West England Development Agency)

Aid intensity: only known after signature of procurement contract

Duration of project: 3 years subject to a possible extension of 2 additional years

Other information: The selected provider(s) will be mandated to provide non-discriminatory wholesale access to third party operators

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption: 

Member State: Austria (Vorarlberg)

Aid No: N 319/2004

Title: Grants to Biomass

Objective: To favour biomass energy in Vorarlberg

Legal basis: Richtlinien der Vorarlberger Landesregierung für die Gewährung von Zuschüssen zu Maßnahmen im Zusammenhang mit der verstärkten Nutzung von Biomasse zu energetischen Zwecken durch Biomasse-Nahwärmeprojekte

Budget: EUR 1,2 million p.a. on average

Intensity or amount: Up to 100 % of eligible costs

Duration: until 30 June 2010

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption: 

Member State: Italy (Campania)

Aid No: N 506/2004

Title: Aid for R&D to large enterprises

Objective: The scheme is intended to stimulate large enterprises to undertake research and pre-competitive activity projects

Legal basis: Disciplinare regionale per il sostegno ai progetti di RSTI promossi dalle grandi imprese dei distretti tecnologici della Regione Campania

Budget: EUR 40 million

Intensity or amount: Up to 45 % for pre-competitive development and up to 70 % for industrial research

Duration: From Commission decision until 31.12.2006

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision: 

Member State: Sweden

Aid No: N 596/2004

Title: Modification of schemes N 646/1999 and N 201/2003 — Regional Development Grant

Objective: Promote regional development

Legal basis: Förordning (2000:279) om regionalt utvecklingsbidrag

Budget: EUR 38 million per year

Aid intensity or amount: Regional aid intensity ceiling for investments carried out in regions eligible for national regional aid, 15 % for investments by small companies outside areas eligible for national regional aid

Duration: Until 31.12.2006

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

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(1)  Business secret.

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Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin

(2005/C 323/06)

This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognized in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92

SUMMARY

COUNCIL REGULATION (EEC) No 2081/92

‘AGNEAU DE SISTERON’

EC No: FR/00316/15.10.2003

PDO ( ) PGI ( X )

This summary has been produced for information only. For full details, the producers of the products covered by the PGI in question in particular are invited to consult the full version of the product specification at national level or at the European Commission (1).

1.   Responsible department in the Member State:

2.   Group:

2.1.   Name: Association CESAR (Cabinet d'Études pour les Structures Agroalimentaires Régionales)

2.2.   Address: 

2.3.   Composition: producers/processors ( X ) other ( )

3.   Type of product:

Group 1.1: Fresh meat (and offal)

4.   Specification:

(summary of requirements under Article 4(2))

4.1.   Name: ‘Agneau de Sisteron’

4.2.   Description: ‘Agneau de Sisteron’ is a light young lamb (between 70 and 150 days old) with light-coloured, fine, smooth and mild-tasting flesh.

Fresh meat, sold as carcases, cuts, fresh half-carcases, cuts ready for dressing, pieces for sale to the consumer.

The lambs are raised on sheep farms and remain with their mothers for at least 60 days. If weather conditions permit, they may accompany their mothers to pasture.

4.3.   Geographical area: The lambs are born and raised on the same sheep farm having its headquarters in the defined PGI ‘Agneau de Sisteron’ area. They are slaughtered in an EC-approved slaughterhouse located in that area.

The whole of the Department of Hautes-Alpes.

The whole of the Department of Alpes de Haute-Provence.

The Department of Alpes Maritimes, except the cantons of Antibes-Biot, Saint Laurent du Var, Villefranche sur Mer, Vallauris, Mandelieu, Le Cannet, Nice, Vence, Cagnes sur Mer, Carros, Mougins, Menton, Grasse, Antibes, Cannes.

The Department of Var, except the cantons of Fréjus, Grimaud, Ollioules, Saint-tropez, Soliès Port, La Crau, Saint Mandrier sur Mer, Saint Raphaël, Six Four les plages, La Valette du Var, La Garde, La Seyne sur Mer, Toulon.

The Department of Bouches du Rhône, except the cantons of Aix en Provence nord-est, Aix en Provence sud-ouest, Aubagne, La Ciotat, Gardanne, Port Saint Louis du Rhône, Roquevaire, Saintes Maries de la Mer, Allauch, Marignane, Châteauneuf Côte Bleue, Martigues ouest, Les Pennes Mirabeau, Vitrolles, Martigues, Marseille.

The Department of Vaucluse, except the cantons of Bollène, Orange ouest, Avignon nord.

The Department of Drôme, except the cantons of Bourg de Péage, Chabeuil, La Chapelle en Vercors, Le Grand-Serre, Loriol sur Drôme, Montélimar, Pierrelatte, Romans sur Isère, St Donnat sur l'Herbass, St Jean en Royans, Saint Vallier, Tain l'Hermitage, Bourg les Valence, Portes les Valence, Valence.

This area is that in which the three local sheep breeds are found and has homogeneous extensive livestock-farming systems exploiting the local pastureland. The soil and weather conditions are characterised by an Emberger drought index of IS< 7. This is the area in which the wholesale butchers of Sisteron historically obtained their supplies and which is the basis for the reputation enjoyed by ‘Agneau de Sisteron’.

4.4.   Proof of origin: The lambs are identified with an official mark in accordance with the applicable rules.

The traceability of the sheep farm at the point of sale is therefore ensured and checked by an independent body. This means that at each stage of production the meat can be traced back to the lamb and the holding on which it was born.

4.5.   Method of production: Breeding flocks consist of rams and ewes of local hardy breeds: Mérinos d'Arles, Préalpes du Sud, Mourérous, or crosses of these breeds. Rams of the breeds Ile de France, Charolais, Suffolk or Berrichon only may be used for the production of meat.

The method of managing the breeding flock is specific to the region. It entails extensive rearing systems with livestock limited to 1.4 LU per ha of total feed-crop area. In addition, these systems require pasture land (summer mountain pasture, grazing). Pasture land consists of semi-natural areas that may only be used for the grazing of flocks.

Minimum lying area: 1,5 m2 for ewes at the end of gestation and during lactation; 0,5 m2 for lambs of more than two months.

Length of trough/feeding rack:

for ewes: 1 m linear for 3 ewes if the feed is distributed in limited quantities or 1 m linear for 30 ewes where feed distribution is self-service.

for weaned lambs: 1 m linear for 4 lambs where the feed is distributed in limited quantities and 1 m linear for 12 lambs where feed distribution is self-service.

The administering of antibiotics as a preventive measure is banned.

The ewes are grazed from at least spring to autumn, and possibly also receive fodder and a recognised feed supplement.

The lambs are fed on their mothers' milk only for at least 60 days, and receive grass and/or fodder, together with a cereal feed supplement. After natural weaning, they receive fodder and/or are grazed, and are given an approved feed supplement. During their lives at least 45 % of the feed they receive originates in the PGI area (milk, 100 % of the grass and fodder other than in exceptional weather conditions).

Silage may not be given to the lambs.

After transportation, slaughter and airing, carcases are selected by a qualified person.

4.6.   Link: 

4.7.   Inspection body: 

4.8.   Labelling: Indication Géographique Protégée

‘Agneau de Sisteron’

4.9   National requirements: —

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(1)  European Commission, Directorate-General for Agriculture, Agricultural product quality policy, B-1049 Brussels.

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Prior notification of a concentration

(Case COMP/M.4014 — GLB/Luminar/JV)

Candidate case for simplified procedure

(2005/C 323/07)

(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 expiry review of the anti-dumping measures applicable to imports of polyester staple fibres originating in India

(2005/C 323/08)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of polyester staple fibres originating in India (‘the country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (2).

1.   Request for review

The request was lodged on 26 September 2005 by the Comité International de la Rayonne et des Fibres Synthétiques (CIRFS) (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 50 % of the total Community production of polyester staple fibres.

2.   Product

The product under review is synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning originating in India (‘the product concerned’), currently classifiable within CN code 5503 20 00. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 2852/2000 (3) and an undertaking accepted by Commission Decision 2000/818/EC (4).

4.   Grounds for the review

The request is based on the grounds that the expiry of measures would be likely to result in a recurrence of dumping and injury to the Community industry.

It is alleged that Indian exports to other third countries, i.e. the People's Republic of China, Egypt, Indonesia, the USA, the United Arab Emirates, Syria and the Philippines are made at dumped prices. In such circumstances, it is alleged that there is a strong likelihood of recurrence of dumping from India to the EU.

The applicant further alleges the likelihood of further injurious dumping. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity in the country concerned.

It is also alleged that the flow of imports of the product concerned is likely to rise due to the measures in force on imports of the same products originating in India in traditional markets other than the EU (i.e. Turkey). All this can lead to a redirection of exports of the product concerned from other third countries to the Community.

Furthermore, the applicant alleges that the situation of the Community industry is still fragile and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of further injury of the Community industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

5.1.   Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.

(a)   Sampling

In view of the apparent 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 India

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

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 countries, and any known associations of exporters/producers.

(ii)   Sampling for importers

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

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

(iii)   Sampling for Community producers

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

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i):

(iv)   Final selection of the samples

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

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

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

If sufficient 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 sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in India, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting country concerned.

(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 must reach the Commission within the time limit set in point 6(a)(ii) of this notice.

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) of this notice.

5.2.   Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the likelihood of a continuation or recurrence of dumping and injury is confirmed, a determination will be made as to whether to maintain, or repeal the 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 previous 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

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 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.

(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

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, and/or telex 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’ (6) 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 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

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(1)OJ C 130, 27.5.2005, p. 8.

(2)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3)OJ L 332, 28.12.2000, p. 17.

(4)OJ L 332, 28.12.2000, p. 116.

(5)  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).

(6)  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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STATE AID — SLOVAKIA

State aid No C 42/2005 (ex NN 66/2005, ex N 195/2005)

Restructuring aid in favour of Konas, Ltd.

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(2005/C 323/09)

(Text with EEA relevance)

By means of the letter dated 9 November 2005 reproduced in the authentic language on the pages following this summary, the Commission notified Slovakia of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the abovementioned measure.

Interested parties may submit their comments to the measure in respect of which the Commission is initiating the procedure within one month of the date of publication of this summary and of the following letter, to:

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

TEXT OF SUMMARY

Procedure

The grant of restructuring aid to Konas, Ltd. was notified to the Commission by the letter of the Slovak authorities of 11 April 2005. Later, it was clarified that the aid had been put into effect in contravention of Article 88(3) EC Treaty and was thus unlawful.

Description of the beneficiaries and the aid measures

The recipient of the aid is Konas, Ltd., a company active in manufacturing of machinery and equipment (shaping and press equipment, single purpose machinery and protection shields). The company falls within the definition of a small and medium sized enterprise and is situated in a region eligible for regional aid under Article 87(3)(a) EC Treaty.

The disputed measure is a write-off of a tax debt by the competent tax office in the framework of the so-called arrangement with creditors governed by Act 328/91 Bankruptcy and Arrangement with Creditors. This procedure is a form of court supervised collective insolvency procedure. It results into an agreement between the indebted company and its creditors, on the basis of which the creditors are partially satisfied by the debtor and they write off the remainder of their receivables. The indebted company continues its operation without change of ownership.

In the framework of such a procedure initiated by Konas in July 2003, the tax office accepted to write off 86,7 % of its receivables. The totality of its receivables amounting to SKK 11,2 million (about EUR 0,3 million), the amount written off was SKK 9,7 million (about EUR 0,2 million). The private creditors participating in the arrangement procedure agreed to write off their receivables on the same terms as to the percentage of receivables written off and as to the repayment period. Their receivables totalled to SKK 0,8 million (about EUR 0,02 million) and the amount written off by private creditors was SKK 0,7 million (about EUR 0,017 million). The supervising court confirmed this agreement by a decision of 25 June 2004.

The tax office had in this arrangement procedure the position of a separate creditor, with a privilege to veto the agreement with Konas. The receivables of the tax office were secured by a mortgage to the amount of SKK 10 million (about EUR 0,25 million).

ASSESSMENT

State aid

The Commission first concludes that the write-off of a public debt involves State resources, that the selectivity criterion is met, the measure being addressed to one individual beneficiary, and that the economic activity of the beneficiary entails trade between Member States.

The Commission then turns to the criterion of distortion of competition. At the outset, the Commission notes that the tax office and the private creditors accepted the arrangement with Konas on the same terms. The Commission, however, also observes that the tax office could have obtained a higher satisfaction of its receivables in a bankruptcy procedure, where it would equally have had the position of a separate creditor. Therefore, the proceeds from sales of the secured assets in the bankruptcy procedure would be used exclusively to satisfy the receivables of the tax office. In the arrangement procedure started by Konas, the tax office had a possibility to veto the proposal of Konas and thereafter initiate either the tax execution or the bankruptcy procedure.

The Commission therefore concludes that the write-off conferred on Konas an advantage that it would not have been able to obtain on the private market and thus caused a distortion of competition.

Consequently, the Commission concludes that the write-off constitutes State aid within the meaning of Article 87(1) EC Treaty.

Derogation under Article 87(2) and (3) EC Treaty

The Commission assessed the measure as aid to a company in difficulty in application of the 1999 Community Guidelines on State aid for rescuing and restructuring of firms in difficulty (OJ C 288, 9.10.1999, p. 2). The Commission has doubts that the disputed measure is compatible as restructuring aid. The Commission has in particular doubts that the grant of the aid was made conditional upon the implementation of a restructuring plan and that the plan submitted by Konas to the supervising court in the arrangement procedure was such as to lead the company to the restoration of long-term viability. The Commission has moreover doubts that the aid is limited to the minimum necessary.

TEXT OF LETTER

‘Komisia oznamuje Slovensku, že po preskúmaní informácií, ktoré poskytli vaše orgány o vyššie uvedenom opatrení, sa rozhodla začať konanie stanovené v článku 88 ods. 2 Zmluvy o ES.

I.   KONANIE

II.   OPIS

1.   Príslušný podnik

2.   Uplatňované vnútroštátne právne predpisy

3.   Opis opatrenia

Tabuľka 1

Vyrovnanie dlhu spoločnosti Konas [v SKK]

4.   Reštrukturalizácia

III.   HODNOTENIE

1.   Štátna pomoc v zmysle článku 87 ods. 1 Zmluvy o ES

2.   Výnimka podľa článku 87 ods. 2 a 3 Zmluvy o ES

2.1.   Oprávnenosť podniku

2.2.   Reštrukturalizačný plán

2.3.   Pomoc obmedzená na minimum

2.4.   Záver

3.   Rozhodnutie

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(1)  Použitý výmenný kurz je len približný (1 EUR = 40 SKK) a údaje v eurách slúžia len na informáciu.

(2)  Suma, ktorú je spoločnosť Konas povinná splatiť svojim veriteľom.

(3)  Reštrukturalizačný plán pripravený v júli 2003 uvádza mierne nižšiu sumu dlhu vo výške 9 683 198 SKK (242 079 EUR). Údaje posúdené Komisiou sú konečnými údajmi, ktoré sú uvedené súdom vykonávajúcim dohľad v rozhodnutí, ktoré potvrdzuje dohodu veriteľov (25. júna 2004, čo je rok po predložení žiadosti o vyrovnanie s veriteľmi).

(4)  Test súkromného veriteľa je potrebné odlišovať od tzv. testu súkromného investora. Pozri napríklad prípad C-342/96, Španielsko versus Komisia, § 46.

(5)  Prípad C-256/97, DM Transport.

(6)Ú. v. EÚ C 244, 1.10.2004, s. 2.

(7)Ú. v ES C 288, 9.10.1999, s. 2.

(8)  Posledný dátum, kedy možno pomoc pokladať za poskytnutú. Možné sú aj skoršie dátumy (pozri bod 13), najmä dátum, keď daňový úrad súhlasil s navrhovaným vyrovnaním (8. jún 2004), čím sa ale nemení hodnotenie.

(9)Ú. v. ES L 10, 13.1.2001, s. 33.

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European Central Bank

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OPINION OF THE EUROPEAN CENTRAL BANK

of 9 December 2005

at the request of the Council of the European Union on a proposal for a directive of the European Parliament and of the Council amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines

(CON/2005/53)

(2005/C 323/10)

Done at Frankfurt am Main, 9 December 2005.

The President of the ECB

Jean-Claude TRICHET

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(1)  (COM(2005) 253 final).

(2)  Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).

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