# Official Journal C 293/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 293 |
| | |
| English edition | Information and Notices | Volume 492 December 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 293

English edition

Information and Notices

Volume 492 December 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 293/1 | Euro exchange rates | 1 |
| 2006/C 293/2 | Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products. (
  1
  ) | 2 |
| 2006/C 293/3 | Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products. (
  1
  ) | 4 |
| 2006/C 293/4 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 6 |
| 2006/C 293/5 | State aid — United Kingdom — State aid No C 37/06 (ex NN 91/05) — Fishing Vessel Modernisation Scheme — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  ) | 9 |
| 2006/C 293/6 | Prior notification of a concentration (Case COMP/M.4491 — DHC/KP1) — Candidate case for simplified procedure (
  1
  ) | 14 |

Notice No

Contents

page

I   Information

Commission

2006/C 293/1

Euro exchange rates

1

2006/C 293/2

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products. (
  1
  )

1

2

2006/C 293/3

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products. (
  1
  )

1

4

2006/C 293/4

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

1

6

2006/C 293/5

State aid — United Kingdom — State aid No C 37/06 (ex NN 91/05) — Fishing Vessel Modernisation Scheme — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  )

1

9

2006/C 293/6

Prior notification of a concentration (Case COMP/M.4491 — DHC/KP1) — Candidate case for simplified procedure (
  1
  )

1

14

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

---

(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 2.12.2006 | EN | Official Journal of the European Union | C 293/1 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 293/1

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Euro exchange rates (1)

1 December 2006

(2006/C 293/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3244 |
| JPY | Japanese yen | 153,77 |
| DKK | Danish krone | 7,4543 |
| GBP | Pound sterling | 0,67290 |
| SEK | Swedish krona | 9,0360 |
| CHF | Swiss franc | 1,5884 |
| ISK | Iceland króna | 89,92 |
| NOK | Norwegian krone | 8,1625 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5780 |
| CZK | Czech koruna | 27,950 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 256,12 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6978 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8056 |
| RON | Romanian leu | 3,4275 |
| SIT | Slovenian tolar | 239,63 |
| SKK | Slovak koruna | 35,538 |
| TRY | Turkish lira | 1,9253 |
| AUD | Australian dollar | 1,6778 |
| CAD | Canadian dollar | 1,5139 |
| HKD | Hong Kong dollar | 10,2983 |
| NZD | New Zealand dollar | 1,9380 |
| SGD | Singapore dollar | 2,0473 |
| KRW | South Korean won | 1 229,84 |
| ZAR | South African rand | 9,4606 |
| CNY | Chinese yuan renminbi | 10,3780 |
| HRK | Croatian kuna | 7,3488 |
| IDR | Indonesian rupiah | 12 144,75 |
| MYR | Malaysian ringgit | 4,7592 |
| PHP | Philippine peso | 65,604 |
| RUB | Russian rouble | 34,7790 |
| THB | Thai baht | 47,577 |

Currency

Exchange rate

USD

US dollar

1,3244

JPY

Japanese yen

153,77

DKK

Danish krone

7,4543

GBP

Pound sterling

0,67290

SEK

Swedish krona

9,0360

CHF

Swiss franc

1,5884

ISK

Iceland króna

89,92

NOK

Norwegian krone

8,1625

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5780

CZK

Czech koruna

27,950

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

256,12

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6978

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8056

RON

Romanian leu

3,4275

SIT

Slovenian tolar

239,63

SKK

Slovak koruna

35,538

TRY

Turkish lira

1,9253

AUD

Australian dollar

1,6778

CAD

Canadian dollar

1,5139

HKD

Hong Kong dollar

10,2983

NZD

New Zealand dollar

1,9380

SGD

Singapore dollar

2,0473

KRW

South Korean won

1 229,84

ZAR

South African rand

9,4606

CNY

Chinese yuan renminbi

10,3780

HRK

Croatian kuna

7,3488

IDR

Indonesian rupiah

12 144,75

MYR

Malaysian ringgit

4,7592

PHP

Philippine peso

65,604

RUB

Russian rouble

34,7790

THB

Thai baht

47,577

---

(1)

Source: reference exchange rate published by the ECB.

---

| 2.12.2006 | EN | Official Journal of the European Union | C 293/2 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 293/2

---

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products.

(Text with EEA relevance)

(2006/C 293/02)

Aid No: XA 86/06

Member State: Spain

Region: Navarre

Title of aid scheme or name of company receiving an individual aid: Aid for 2006 towards investment by bodies, as part of a partnership arrangement, in agricultural holdings for the purpose of purchasing machinery

Legal basis: Orden foral del consejero de agricultura, ganaderia y alimentacion, por la que se aprueba la convocatoria y las bases reguladoras de ayudas a las inversiones en explotaciones agrarias para la compra de maquinaria realizadas por entidades en régimen asociativo, para el año 2006

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 350 001 for the 2006 financial year

Maximum aid intensity: Aid of up to 35 % of the value of the investment for acquiring new machinery

Aid of up to 30 % of the value of the investment for acquiring used goods

Date of implementation: September 2006

Duration of aid scheme or individual aid award: December 2006

Objective of aid: 1) To increase the efficiency of farming operations via the use of high-capacity agricultural machinery. 2) To enhance the use of machinery which, as applicable, has new-design engines or engines with greater fuel efficiency. 3) To ensure that reliable, high-technology machinery is introduced which is suitable for meeting the requirements of modern agriculture. Article 4: investment in agricultural holdings. Eligible costs: those relating to the purchase of agricultural machinery.

Sector(s) concerned: Crop production

Name and address of the granting authority:

| Gobierno de Navarra |
| --- |
| Departamento de Agricultura, Ganaderia y Alimentación |
| C/Tudela, 20 |
| 31003 Pamplona |

Gobierno de Navarra

Departamento de Agricultura, Ganaderia y Alimentación

C/Tudela, 20

31003 Pamplona

Web address: www.navarra.es

Other information: Pamplona, 11 August 2006

Aid number: XA 84/06

Member State: France

Region: Department of Seine-Maritime

Title of aid scheme: Aid for pilot sites for barn hay solar drying installations

Legal basis:

| — | Article 4(3) of Regulation (EC) No 1/2004 |
| --- | --- |

—

Article 4(3) of Regulation (EC) No 1/2004

| — | Articles L 1511-2 et L 1511-5 du code général des collectivités territoriales |
| --- | --- |

—

Articles L 1511-2 et L 1511-5 du code général des collectivités territoriales

| — | Articles L 3231-2 et 3232-1 du code général des collectivités territoriales |
| --- | --- |

—

Articles L 3231-2 et 3232-1 du code général des collectivités territoriales

| — | Délibération préalable de l'assemblée départementale du 28 mars 2005 |
| --- | --- |

—

Délibération préalable de l'assemblée départementale du 28 mars 2005

Annual expenditure planned under the scheme: EUR 250 000

Maximum aid intensity: 40 % of eligible investments

Date of implementation: From receipt of the acknowledgement of receipt from the European Commission

Duration of scheme: Three years starting from the setting up of the scheme

Objectives of aid: In order to better meet its sustainable development objectives, the Conseil général aims to increase the utilisation of grass by means of a pilot scheme for the solar drying of barn hay. To this end, it intends to finance pilot projects to constitute a reference network to verify the technical and economic benefits of such installations.

These projects will be based around the use of solar energy, which appears to be the most attractive technology from an economic and environmental point of view since it entails a sustainable use of resources.

Given the risk of rain in Seine-Maritime in the days following the harvesting of fodder, barn drying is greatly preferable to open air drying.

Under these projects, after cutting, the grass will be placed in drying installations, where solar energy-heated hot air will be blown from the bottom of the installations over the grass, using roof-mounted equipment. After several hours, the hay attains the degree of dryness that is best for storage (whereas grass that does not undergo this kind of treatment remains moist, producing poor quality hay with a high level of cellulose).

The environmental benefit of the project is enhanced by the fact that such investments encourage regrassing, which makes it possible to reduce run-off and the resulting investments required to combat this problem.

Sector(s) concerned: Grass production

Name and address of the granting authority:

| Monsieur le Président du Conseil général |
| --- |
| Quai Jean Moulin |
| 76101 Rouen Cedex 1 |

Monsieur le Président du Conseil général

Quai Jean Moulin

76101 Rouen Cedex 1

Address of website: http://www.seinemaritime.net, rubrique ‘guide des aides’

The description, the draft of which is enclosed, will be uploaded once this exemption form is registered by the European Commission and the scheme is validated by the department's standing committee.

XA Number: XA 85/06

Member State: Austria

Region: Styria

Title of aid scheme or name of company receiving individual aid: Special guidelines on the granting of a contribution towards insurance premiums for cover against storm damage to greenhouses used for agricultural purposes

Legal basis: Sonderrichtlinie für die Gewährung eines Zuschusses zu den Versicherungsprämien zum Schutz vor Sturmschäden an Gewächshäusern in der Landwirtschaft

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Total annual costs not exceeding EUR100 000; average aid per enterprise will be EUR 400.

Maximum aid intensity: 50 % of the insurance premium.

Date of implementation: After notification of the aid under the block exemption regulation.

Duration of scheme or individual aid award: Duration is limited to the period of validity of Regulation (EC) No 1/2004 (date of submission of application). If the period of validity of Regulation (EC) No 1/2004 is extended, the duration of the scheme will be extended by the same amount.

Objective of aid: Aid in accordance with Article 11 of Regulation (EC) No 1/2004

In order to ensure the continuance and development of efficient agriculture in Styria, the Province of Styria is granting contributions for insurance against the risk of agricultural production losses due to storm damage to greenhouses.

In accordance with these principles, the contribution towards insurance premiums for cover against storm damage to greenhouses is intended in particular to cover the risks of agricultural production losses due to storm damage, including risks to livelihood resulting from major damage. The contributions towards insurance premium costs are intended to provide farmers with an incentive to take out such insurance cover against natural disasters.

Sector(s) concerned: Crop growing, fruit growing

Name and address of the granting authority:

| Amt der Steiermärkischen Landesregierung |
| --- |
| Fachabteilung 10A Agrarrecht und ländliche Entwicklung |
| 8052 Graz-Wetzelsdorf, Krottendorferstraße 94 |

Amt der Steiermärkischen Landesregierung

Fachabteilung 10A Agrarrecht und ländliche Entwicklung

8052 Graz-Wetzelsdorf, Krottendorferstraße 94

Website: www.verwaltung.steiermark.at

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| 2.12.2006 | EN | Official Journal of the European Union | C 293/4 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 293/4

---

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products.

(Text with EEA relevance)

(2006/C 293/03)

XA-Number: XA 90/06

Member State: Austria

Region: Burgenland

Title of aid scheme: Guidelines concerning the provision of guarantees for credit and loans to small and medium-sized enterprises active in the production, processing and marketing of agricultural products under the law of 24 March 1994, published in Burgenland's provincial law gazette No 33/1994, on measures to encourage economic development in Burgenland (Landes-Wirtschaftsförderungsgesetz 1994 — WiföG)

Legal basis: Gesetz vom 24. März 1994 über Maßnahmen zur Gewährleistung der wirtschaftlichen Entwicklung im Burgenland (Landes-Wirtschaftsförderungsgesetz 1994 — WiföG), LGBl. Nr. 33/1994, in der Fassung des Gesetzes LGBl. Nr. 64/1998.

Annual expenditure planned under the scheme: Year 2006: Liability limit in EUR: 500 000

Maximum aid intensity: The grant equivalent of the guarantee is calculated using the evaluation method laid down in the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (OJ C 71 of 11 March 2000, p. 14).

The amount of the guarantee is in principle 50 % of principal plus interest. In cases where Burgenland has a particular interest in the implementation of the project, the amount of the guarantee can be up to a maximum of 75 %.

The calculated grant equivalent of the liability has to be considered in conjunction with other aid measures, in which case the following ceilings apply:

Nordburgenland: 30 %

Mittelburgenland: 35 %

Südburgenland: 35 %

Premiums of +15 % can be awarded.

The level of support is subject to the limit set by Regulation (EC) No 1/2004.

Date of implementation: The aid may be awarded once the scheme has been published in the Burgenland official gazette. Such publication is planned at the earliest for 10 working days after notification of this summary.

Duration of scheme: This scheme is valid until 31 December 2006.

Objective of aid: To improve the regional economic infrastructure of SMEs engaged exclusively in the processing and marketing of agricultural products.

The main focus of the scheme is on:

special aid for enterprises which place a strong emphasis on growth

making companies in Burgenland more internationally-oriented.

encouraging small-scale projects by such companies that show good signs of growth or which are expected to add value in the long term.

The only costs which are eligible are those which fall under the following articles:

Article 7 — investment in processing and marketing

Article 14 — provision of technical support in the agricultural sector

Sector(s) concerned: This scheme covers all economic sectors involved in the processing and marketing of agricultural products, except the tourism and leisure sector and primary agricultural and forestry production.

Name and address of the granting authority:

| Land Burgenland |
| --- |
| Europaplatz 1 |
| A-7001 Eisenstadt |

Land Burgenland

Europaplatz 1

A-7001 Eisenstadt

Internet Address: www.wibag.at

XA-number: XA 98/06

Member State: France

Region: Languedoc-Roussillon

Title of aid scheme: Programme d'appui à la création et à la transmission des exploitations en agriculture (PACTE-agriculture): volet investissements matériels — (PACTE-agriculture: aid programme for the creation and transfer of agricultural holdings, material investment

Legal Basis:

| — | Articles 4 et 8 du règlement (CE) no 1/2004 de la Commission |
| --- | --- |

—

Articles 4 et 8 du règlement (CE) no 1/2004 de la Commission

| — | Articles 4 à 9 du règlement (CE) no 1257/1999 du Conseil |
| --- | --- |

—

Articles 4 à 9 du règlement (CE) no 1257/1999 du Conseil

| — | Articles 9.2.4, 9.2.5 et 9.3.2 du plan de développement rural national (décision de la Commission C 3948 du 7 octobre 2004) |
| --- | --- |

—

Articles 9.2.4, 9.2.5 et 9.3.2 du plan de développement rural national (décision de la Commission C 3948 du 7 octobre 2004)

| — | Aide N 184/2003 — France: programme pour l'installation et le développement des initiatives locales (PIDIL) |
| --- | --- |

—

Aide N 184/2003 — France: programme pour l'installation et le développement des initiatives locales (PIDIL)

| — | Articles L 1511-1 et L 1511-2 code général des collectivités territoriales |
| --- | --- |

—

Articles L 1511-1 et L 1511-2 code général des collectivités territoriales

| — | Délibération no 01.24 du Conseil régional du 22 juillet 2005 |
| --- | --- |

—

Délibération no 01.24 du Conseil régional du 22 juillet 2005

Annual expenditure planned under the scheme: EUR 670 000

Maximum Aid Intensity: The aid scheme will take the form of overall support for set-up plans submitted by candidates — whether outside or within a farming family structure (duly substantiated (1)) — who are setting up their first holding, are under 40, already have or are in the process of acquiring the requisite professional capacity, and who are submitting a viable plan in the Languedoc-Roussillon region.

PACTE-agriculture requires signature of a global installation contract, which includes, in particular,

aid of 30 % for investments over EUR 15 000 excluding tax up to a ceiling of EUR 4 600

a repayable advance of 35 % for investments under EUR 15 000

Technical and financial monitoring is implemented across the board.

Date of implementation: Following acknowledgement of receipt by the European Commission.

Duration of scheme: Unlimited, subject to budget resources

Objective of aid: The objective is, in accordance with Articles 4 and 8 of the Regulation (EC) No 1/2004, to encourage the creation of small and medium agricultural enterprises in the region by young farmers starting up. The region hopes in this way to ease the generational transition in agriculture by maintaining the number of active farmers and thus boosting the local economy. With agriculture employing 6 % of the working population in the area, it is an economic sector to be sustained and developed. PACTE-agriculture will support competitiveness in rural areas and will therefore contribute to maintaining and creating jobs in these areas.

The investment section of PACTE-agriculture aims to sustain the financial start-up of holdings by allowing investment in heavy equipment necessary for installation purposes.

PACTE-agriculture's conditions of access are defined by the national criteria for access to installation aid. In this way, assistance from the State and the Regional Council will be harmonised.

For investment aid over EUR 15 000 the conditions outlined in scheme N 184/2003 notified by France will be respected.

Material investments less than EUR 15 000 are key to installation and designed to improve working conditions on the holding. Aid will take the form of a repayable advance, of which the grant equivalent will be at most EUR 190. Failure to repay the advance will lead to the regional authority ordering full repayment of aid received under PACTE-agriculture.

Systematic checking of each application is implemented with the DDAFs (Departmental Agriculture and Forestry Directorates) in order to avoid any double-funding, in particular for investment aid. In this way, if an investment aid application is made to the State for an amount higher than 15 000 under the PIDIL programme, any application for an equivalent amount of aid under PACTE-agriculture will be rejected, and vice versa.

Sectors(s) concerned: All of the candidates for installation in the Languedoc-Roussillon region, all areas and all production sectors.

Name and address of the granting authority:

| Monsieur le Président du Conseil Régional Languedoc-Roussillon |
| --- |
| Direction de l'Économie Rurale, Littorale et Touristique — Service Gestion de l'Espace Rural et Littoral |
| 201 avenue de la Pompignane |
| F-34 064 Montpellier Cedex 2 |

Monsieur le Président du Conseil Régional Languedoc-Roussillon

Direction de l'Économie Rurale, Littorale et Touristique — Service Gestion de l'Espace Rural et Littoral

201 avenue de la Pompignane

F-34 064 Montpellier Cedex 2

Internet address: www.cr-languedocroussillon.fr

---

(1)  The relevant situation is that before the holding is taken over. If the farm has not attained the viability criteria before this but the candidate demonstrates that modernisation/adaptation/enlargement will allow these criteria to be achieved within three years, viability will be deemed to be achievable.

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| 2.12.2006 | EN | Official Journal of the European Union | C 293/6 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 293/6

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2006/C 293/04)

| Date of adoption of the decision | 16.5.2006 |
| --- | --- |
| Reference number of the aid | N 45/06 |
| Member State | France |
| Title | Crédit d'impôt en faveur de la production phonographique |
| Legal basis | Article 220 N et article 223 O du code général des impôts |
| Type of measure | Aid scheme |
| Objective | Culture |
| Form of aid | Tax advantage |
| Budget | Annual budget: EUR 10 million; Overall budget: EUR 30 million |
| Intensity | 20 % |
| Duration (period) | 1.1.2007 — 31.12.2009 |
| Economic sectors | Recreational, cultural sporting activities |
| Name and address of the granting authority | Ministère de la Culture |

Date of adoption of the decision

16.5.2006

Reference number of the aid

N 45/06

Member State

France

Title

Crédit d'impôt en faveur de la production phonographique

Legal basis

Article 220 N et article 223 O du code général des impôts

Type of measure

Aid scheme

Objective

Culture

Form of aid

Tax advantage

Budget

Annual budget: EUR 10 million; Overall budget: EUR 30 million

Intensity

20 %

Duration (period)

1.1.2007 — 31.12.2009

Economic sectors

Recreational, cultural sporting activities

Name and address of the granting authority

Ministère de la Culture

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

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

| Date of adoption of the decision | 7.6.2006 |
| --- | --- |
| Reference number of the aid | N 103/06 |
| Member State | Germany |
| Region | Hessen |
| Title | FilmFinanzierungsFonds Hessen-Invest-Film |
| Legal basis | Richtlinie FilmFinanzierungsFonds-Hessen-Invest-Film; Gesetz zur Förderung der kleinen und mittleren Unternehmen der hessischen Wirtschaft; Jährliches Haushaltsgesetz |
| Type of measure | Aid scheme |
| Objective | Culture, Small and medium-sized enterprises |
| Form of aid | Interest subsidy, Soft loan |
| Budget | Annual budget: EUR 5 million; Overall budget: EUR 20 million |
| Intensity | 50 % |
| Duration | — 31.12.2009 |
| Economic sectors | Media, Recreational, cultural sporting activities |
| Name and address of the granting authority | Hessisches Ministerium für Wissenschaft und Kunst; |
| Rheinstraße 23-25 |
| D-65185 Wiesbaden |

Date of adoption of the decision

7.6.2006

Reference number of the aid

N 103/06

Member State

Germany

Region

Hessen

Title

FilmFinanzierungsFonds Hessen-Invest-Film

Legal basis

Richtlinie FilmFinanzierungsFonds-Hessen-Invest-Film; Gesetz zur Förderung der kleinen und mittleren Unternehmen der hessischen Wirtschaft; Jährliches Haushaltsgesetz

Type of measure

Aid scheme

Objective

Culture, Small and medium-sized enterprises

Form of aid

Interest subsidy, Soft loan

Budget

Annual budget: EUR 5 million; Overall budget: EUR 20 million

Intensity

50 %

Duration

— 31.12.2009

Economic sectors

Media, Recreational, cultural sporting activities

Name and address of the granting authority

Hessisches Ministerium für Wissenschaft und Kunst;

Rheinstraße 23-25

D-65185 Wiesbaden

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

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

| Date of adoption of the decision | 12.10.2006 |
| --- | --- |
| Reference number of the aid | N 111/06 |
| Member State | France |
| Title | Aides à la télévision numérique dans les régions sans simulcast |
| Legal basis | Loi No 2005-1720 de finances rectificative 2005 du 30 décembre 2005 |
| Type of measure | Aid scheme |
| Objective | Sectoral development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 30 million |
| Duration (period) | 1.1.2006 — 31.12.2010 |
| Economic sectors | Media |
| Name and address of the granting authority | Fonds d'accompagnement du numérique |

Date of adoption of the decision

12.10.2006

Reference number of the aid

N 111/06

Member State

France

Title

Aides à la télévision numérique dans les régions sans simulcast

Legal basis

Loi No 2005-1720 de finances rectificative 2005 du 30 décembre 2005

Type of measure

Aid scheme

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 30 million

Duration (period)

1.1.2006 — 31.12.2010

Economic sectors

Media

Name and address of the granting authority

Fonds d'accompagnement du numérique

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

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

| Date of adoption of the decision | 20.3.2006 |
| --- | --- |
| Reference number of the aid | N 113/06 |
| Member State | Slovenia |
| Title | Podpora medijskim programom |
| Legal basis | Zakon o medijih: Uredba o izvedbi rednega letnega javnega razpisa za sofinanciranje ustvarjanja programskih vsebin in razvoja tehnične infrastrukture na področju medijev |
| Type of measure | Aid scheme |
| Objective | Culture, Sectoral development |
| Form of aid | Direct grant |
| Budget | Annual budget: SIT 871 million; Overall budget: SIT 5 224 million |
| Intensity | 80 % |
| Duration (period) | — 31.12.2010 |
| Economic sectors | Media |
| Name and address of the granting authority | Ministrstvo za kulturo |
| Maistrova 10 |
| SLO-1000 Ljubljana |

Date of adoption of the decision

20.3.2006

Reference number of the aid

N 113/06

Member State

Slovenia

Title

Podpora medijskim programom

Legal basis

Zakon o medijih: Uredba o izvedbi rednega letnega javnega razpisa za sofinanciranje ustvarjanja programskih vsebin in razvoja tehnične infrastrukture na področju medijev

Type of measure

Aid scheme

Objective

Culture, Sectoral development

Form of aid

Direct grant

Budget

Annual budget: SIT 871 million; Overall budget: SIT 5 224 million

Intensity

80 %

Duration (period)

— 31.12.2010

Economic sectors

Media

Name and address of the granting authority

Ministrstvo za kulturo

Maistrova 10

SLO-1000 Ljubljana

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

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

| Date of adoption of the decision | 12.10.2006 |
| --- | --- |
| Reference number of the aid | N 473/06 |
| Member State | Ireland |
| Title | Biofuel Mineral Oil Tax Relief Scheme II |
| Legal basis | Finance Act 2006 |
| Type of measure | aid scheme |
| Objective | environmental protection |
| Form of aid | excise tax relief |
| Budget | overall budget: 213 million EUR |
| Duration | 2006-2010 |
| Economic sectors | biofuel producers |
| Name and address of the granting authority | Revenue Commissioners |
| Dublin Castle |
| Dublin 2 |
| Ireland |

Date of adoption of the decision

12.10.2006

Reference number of the aid

N 473/06

Member State

Ireland

Title

Biofuel Mineral Oil Tax Relief Scheme II

Legal basis

Finance Act 2006

Type of measure

aid scheme

Objective

environmental protection

Form of aid

excise tax relief

Budget

overall budget: 213 million EUR

Duration

2006-2010

Economic sectors

biofuel producers

Name and address of the granting authority

Revenue Commissioners

Dublin Castle

Dublin 2

Ireland

Other information

commitment to provide the Commission with annual report

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

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

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| 2.12.2006 | EN | Official Journal of the European Union | C 293/9 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 293/9

---

STATE AID — UNITED KINGDOM

State aid No C 37/06 (ex NN 91/05)

Fishing Vessel Modernisation Scheme

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

(Text with EEA relevance)

(2006/C 293/05)

By means of the letter dated 13 September 2006 reproduced in the authentic language on the pages following this summary, the Commission notified the United Kingdom of Great Britain and Northern Ireland of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the abovementioned aid.

Interested parties may submit their comments within one month of the date of publication of this summary and the following letter, to:

| European Commission |
| --- |
| Directorate General for Fisheries |
| DG FISH/D/3 ‘Legal Issues’ |
| B-1049 Brussels |
| Fax: (32-2) 295 19 42 |

European Commission

Directorate General for Fisheries

DG FISH/D/3 ‘Legal Issues’

B-1049 Brussels

Fax: (32-2) 295 19 42

These comments will be communicated to the United Kingdom of Great Britain and Northern Ireland. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

In June 2004 the Commission was informed of aid granted by the Shetland Islands Council, the public authority in the Shetland Islands of the United Kingdom, to the fisheries sector which possibly concerned illegal State aid.

Under the Fishing vessel Modernisation Scheme aid was granted for the modernisation of fishing vessels, related to a major improvement like for example better storage of catches, replacement of the engine, improvements in working conditions or to crew safety, up to 10 % of the total cost of the improvement project, with a maximum of GBP 40 000 per vessel. Improvement projects which exceeded 50 % of the costs of a new vessel of the same type were not eligible, as well as works to vessels of less than five years old.

According to Article 88 (3) of the EC Treaty Member State have to inform the Commission of any plans to grant or alter aid. According to the United Kingdom, the scheme has been applied from at least the 1980's until 14 January 2005. However, the United Kingdom was not been able, due to the absence of past records, to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. Moreover, the United Kingdom has confirmed to have altered the aids over the years without notification to the Commission, as result of which the aid measure has to be considered as new aid.

Council Regulation (EC) No 659/1999 (1) does not lay down any limitation period for the examination of unlawful aid. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid granted more than ten years before any measure taken by the Commission concerning it. The Commission considers that the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994 and the Commission assesses below only aid granted by decisions taken between 24 August 1994 and 14 January 2005. According to the information available to the Commission. From 1994 to 14 January 2005 approximately GBP 11 673 514 appears to have been granted under the scheme.

The measures appear to be State aid in the sense of Article 87 of the EC Treaty. State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. State aid to the fisheries sector may be deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time of granting of the aid (2).

The Guidelines refer to the conditions of Regulation (EC) No 3699/93 respectively Regulation (EC) No 2792/1999. According to Regulation (EC) No 3699/93 eligible investments shall relate in particular to the improvement of the quality of products caught and preserved on board, the use of better fishing and preserving techniques and the implementation of legal and regulatory provisions regarding health or improvement of working conditions and safety, and/or equipment on board vessels to monitor fishing activities. The operations may cover only vessels less than 30 years old, unless it concerns investments related to the improvement of working conditions and safety or equipment on board vessels to monitor fishing activities.

Under Regulation (EC) No 2792/1999, applicable to existing aid schemes as from 1 July 2001, any entry of new capacity should be compensated by the withdrawal of a capacity without public aid which is at least equal to the new capacity introduced in the segments concerned. Moreover, until 31 December 2001, if the objectives for the size of the fleet were not yet respected, the withdrawal of capacity should at least be 30 % more than the new capacity introduced. Aid may only be granted where the Member State has complied with its obligations under the Multi-annual Guidance Programme (MAGP) as required under Article 5 of that Regulation. Finally, Article 9 of the respective Regulation provides that the aid for the modernisation of fishing vessels can be granted only if the aid does not concern capacity in terms of tonnage or power.

At this stage of the examination the part of the aid granted for modernisation of fishing vessels seems not to comply with the conditions of Article 9 of Regulation (EC) No 2792/1999. Therefore, the Commission has, at this stage, serious doubts on the compatibility of the scheme with the conditions as applicable from 1 July 2001.

In accordance with Article 14 of Council Regulation (EC) No 659/1999, all unlawful aid can be subject to recovery from the recipient.

TEXT OF LETTER

| ‘(1) | The Commission wishes to inform the United Kingdom of Great Britain and Northern Ireland that, having examined the information supplied by your authorities on the measure referred to above, it has decided to initiate the procedure laid down in Article 88 (2) of the EC Treaty. |
| --- | --- |

‘(1)

The Commission wishes to inform the United Kingdom of Great Britain and Northern Ireland that, having examined the information supplied by your authorities on the measure referred to above, it has decided to initiate the procedure laid down in Article 88 (2) of the EC Treaty.

1.   PROCEDURE

| (2) | By letter of 15 June 2004 the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the authorities of the Shetland Islands of the United Kingdom. By letters of 24 August 2004, 4 February, 11 May and 16 December 2005 the Commission has requested the United Kingdom authorities to provide information about these measures, to which the United Kingdom authorities responded by letters of 10 December 2004, 6 April, 8 September 2005 and 31 January 2006. |
| --- | --- |

(2)

By letter of 15 June 2004 the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the authorities of the Shetland Islands of the United Kingdom. By letters of 24 August 2004, 4 February, 11 May and 16 December 2005 the Commission has requested the United Kingdom authorities to provide information about these measures, to which the United Kingdom authorities responded by letters of 10 December 2004, 6 April, 8 September 2005 and 31 January 2006.

2.   DESCRIPTION

| (3) | The Shetland Islands Council (SIC), the public authority in Shetland, has made payments to the fisheries sector under the scope of two general aid measures named “Aid to the Fish Catching and Processing Industry” and “Aid to the Fish Farming Industry”, which actually consisted of several different types of aid schemes. One of these schemes is the “Aid for modernisation of fishing vessels”. |
| --- | --- |

(3)

The Shetland Islands Council (SIC), the public authority in Shetland, has made payments to the fisheries sector under the scope of two general aid measures named “Aid to the Fish Catching and Processing Industry” and “Aid to the Fish Farming Industry”, which actually consisted of several different types of aid schemes. One of these schemes is the “Aid for modernisation of fishing vessels”.

| (4) | Under this scheme, which applied from at least the 1980's until 14 January 2005, aid could be granted for the modernisation of fishing vessels, related to a major improvement like for example better storage of catches, replacement of the engine, improvements in working conditions or to crew safety. |
| --- | --- |

(4)

Under this scheme, which applied from at least the 1980's until 14 January 2005, aid could be granted for the modernisation of fishing vessels, related to a major improvement like for example better storage of catches, replacement of the engine, improvements in working conditions or to crew safety.

| (5) | Aid was granted up to 10 % of the total cost of the improvement project, with a maximum of GBP 40 000 per vessel. Only one application per year could be considered. Improvement projects which exceeded 50 % of the costs of a new vessel of the same type were not eligible, as well as works to vessels of less than five years old. The works should meet all required standards specified by Shetland Seafood Quality Control. |
| --- | --- |

(5)

Aid was granted up to 10 % of the total cost of the improvement project, with a maximum of GBP 40 000 per vessel. Only one application per year could be considered. Improvement projects which exceeded 50 % of the costs of a new vessel of the same type were not eligible, as well as works to vessels of less than five years old. The works should meet all required standards specified by Shetland Seafood Quality Control.

| (6) | All applicants must hold a pressure stock licence and other relevant Certificates of Competency and applicants should become member of Shetlands Fishermen's Association. |
| --- | --- |

(6)

All applicants must hold a pressure stock licence and other relevant Certificates of Competency and applicants should become member of Shetlands Fishermen's Association.

| (7) | The beneficiary of the aid must undertake to operate the vessel full-time, to retain ownership of the vessel and to provide full-time employment of the vessels crew for a period of at least five years from receipt of the aid. |
| --- | --- |

(7)

The beneficiary of the aid must undertake to operate the vessel full-time, to retain ownership of the vessel and to provide full-time employment of the vessels crew for a period of at least five years from receipt of the aid.

| (8) | Finally, beneficiaries had a yearly reporting obligation in order to prove that all conditions have been complied with and the scheme contains a provision for reimbursement of the aid in case of non-compliance with any of the conditions. |
| --- | --- |

(8)

Finally, beneficiaries had a yearly reporting obligation in order to prove that all conditions have been complied with and the scheme contains a provision for reimbursement of the aid in case of non-compliance with any of the conditions.

3.   COMMENTS FROM THE UNITED KINGDOM

| (9) | The United Kingdom states that the aid measures concerned have already been applied already before the accession of the United Kingdom to the European Economic Community. The United Kingdom is however not able to provide any evidence of the existence of these measures at the time of accession. |
| --- | --- |

(9)

The United Kingdom states that the aid measures concerned have already been applied already before the accession of the United Kingdom to the European Economic Community. The United Kingdom is however not able to provide any evidence of the existence of these measures at the time of accession.

| (10) | The United Kingdom confirms that the aid measures have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty (former Article 93(3)). The United Kingdom states however that the expenditure and application of the measures have been reported yearly to the Commission by way of the annual State aid inventory and that the officials responsible for the aids believed that by transmitting the annual reports no notification of the aid would be necessary. |
| --- | --- |

(10)

The United Kingdom confirms that the aid measures have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty (former Article 93(3)). The United Kingdom states however that the expenditure and application of the measures have been reported yearly to the Commission by way of the annual State aid inventory and that the officials responsible for the aids believed that by transmitting the annual reports no notification of the aid would be necessary.

| (11) | Finally the United Kingdom states that where the measures and the amendments to the schemes might have been applied without prior notification to the Commission, they were applied in accordance with the conditions laid down in the Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time aid was granted under the measures. |
| --- | --- |

(11)

Finally the United Kingdom states that where the measures and the amendments to the schemes might have been applied without prior notification to the Commission, they were applied in accordance with the conditions laid down in the Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time aid was granted under the measures.

| (12) | In addition, as regards aid granted under the Fishing Modernisation Scheme the United Kingdom states that the scheme was closed on 14 January 2005 pending a review of all Council grants scheme for State aid compliance and that the provision of the scheme were not altered to any meaningful extent between 1994 and 2005. The United Kingdom also states that the aid is considered to have been compatible with guidelines for the examination of State aid to fisheries and aquaculture applicable at the times concerned. |
| --- | --- |

(12)

In addition, as regards aid granted under the Fishing Modernisation Scheme the United Kingdom states that the scheme was closed on 14 January 2005 pending a review of all Council grants scheme for State aid compliance and that the provision of the scheme were not altered to any meaningful extent between 1994 and 2005. The United Kingdom also states that the aid is considered to have been compatible with guidelines for the examination of State aid to fisheries and aquaculture applicable at the times concerned.

4.   ASSESSMENT

| (13) | It must be determined first if the scheme can be regarded as State aid and if this is the case, if this aid is compatible with the common market. |
| --- | --- |

(13)

It must be determined first if the scheme can be regarded as State aid and if this is the case, if this aid is compatible with the common market.

| (14) | Aid has been granted to a limited number of companies within the fisheries sector and is thus of a selective nature. The aids have been granted by the Shetland Islands Council, the public authority of Shetland, from State resources and are in the benefit of these companies which are in direct competition with other companies in the fisheries sector of both within the United Kingdom as well as in other Member States. Therefore, the measures distort or threaten to distort competition and appear to be State aid in the sense of Article 87 of the EC Treaty. |
| --- | --- |

(14)

Aid has been granted to a limited number of companies within the fisheries sector and is thus of a selective nature. The aids have been granted by the Shetland Islands Council, the public authority of Shetland, from State resources and are in the benefit of these companies which are in direct competition with other companies in the fisheries sector of both within the United Kingdom as well as in other Member States. Therefore, the measures distort or threaten to distort competition and appear to be State aid in the sense of Article 87 of the EC Treaty.

4.1.   Legality

| (15) | According to the United Kingdom, the scheme has been applied at least from the 1980's until January 2004. However, due to the absence of past records, the United Kingdom acknowledged that it is not able to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. In any event, the United Kingdom confirmed that the aid schemes have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty (former Article 93(3)). As a result, the aid measures have to be considered as new aid. |
| --- | --- |

(15)

According to the United Kingdom, the scheme has been applied at least from the 1980's until January 2004. However, due to the absence of past records, the United Kingdom acknowledged that it is not able to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. In any event, the United Kingdom confirmed that the aid schemes have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty (former Article 93(3)). As a result, the aid measures have to be considered as new aid.

| (16) | The Commission regrets that the United Kingdom did not respect Article 88(3) of the EC Treaty, under which Member State are obliged to inform the Commission of any plans to grant or alter aid. In this respect the United Kingdom has stated that its authorities were mistakenly convinced that the inclusion of the measures into the annual State aid inventory, yearly submitted to the Commission, would be sufficient to inform the Commission of the aid in question. It must be noted however that such reporting to the Commission can not be considered as notification of the aid as required under Article 88(3) of the EC Treaty. |
| --- | --- |

(16)

The Commission regrets that the United Kingdom did not respect Article 88(3) of the EC Treaty, under which Member State are obliged to inform the Commission of any plans to grant or alter aid. In this respect the United Kingdom has stated that its authorities were mistakenly convinced that the inclusion of the measures into the annual State aid inventory, yearly submitted to the Commission, would be sufficient to inform the Commission of the aid in question. It must be noted however that such reporting to the Commission can not be considered as notification of the aid as required under Article 88(3) of the EC Treaty.

4.2.   Basis for the assessment

| (17) | Council Regulation (EC) No 659/1999 (3) does not lay down any limitation period for the examination of unlawful aid within the meaning of Article 1(f) thereof, i.e. aid implemented before the Commission is able to reach a conclusion about its compatibility with the common market. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid covered by the limitation period, i.e. aid granted more than ten years before any measure taken by the Commission concerning it. |
| --- | --- |

(17)

Council Regulation (EC) No 659/1999 (3) does not lay down any limitation period for the examination of unlawful aid within the meaning of Article 1(f) thereof, i.e. aid implemented before the Commission is able to reach a conclusion about its compatibility with the common market. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid covered by the limitation period, i.e. aid granted more than ten years before any measure taken by the Commission concerning it.

| (18) | The Commission considers that in this case the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994. Consequently, the Commission will asses below only the aid granted by decisions taken between 24 August 1994 and January 2005. According to the information available to the Commission, from 1994 to 14 January 2005 at least GBP 11 673 514 appear to have been granted under the scheme. |
| --- | --- |

(18)

The Commission considers that in this case the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994. Consequently, the Commission will asses below only the aid granted by decisions taken between 24 August 1994 and January 2005. According to the information available to the Commission, from 1994 to 14 January 2005 at least GBP 11 673 514 appear to have been granted under the scheme.

| (19) | State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. As regards the State aid to the fisheries sector, State aid measures are deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture. According to point 5.3 of the current Guidelines (4) an “unlawful aid” within the meaning of Article 1 (f) of Regulation (EC) No 659/1999 will be appraised in accordance with the guidelines applicable at the time when the administrative act setting up the aid has entered into force. The aid thus needs to be assessed on the compatibility with the Guidelines of 1994, 1997, 2001 and 2004 (5). |
| --- | --- |

(19)

State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. As regards the State aid to the fisheries sector, State aid measures are deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture. According to point 5.3 of the current Guidelines (4) an “unlawful aid” within the meaning of Article 1 (f) of Regulation (EC) No 659/1999 will be appraised in accordance with the guidelines applicable at the time when the administrative act setting up the aid has entered into force. The aid thus needs to be assessed on the compatibility with the Guidelines of 1994, 1997, 2001 and 2004 (5).

4.2.1.   Guidelines of 1994 and 1997

| (20) | With regard to the aid for the modernisation of fishing vessels, according to point 2.2.3.2 of the 1994 and the 1997 Guidelines aid for the modernisation of fishing vessels may be deemed compatible provided that it meets the relevant conditions laid down in Regulation (EC) No 3699/93 (6). |
| --- | --- |

(20)

With regard to the aid for the modernisation of fishing vessels, according to point 2.2.3.2 of the 1994 and the 1997 Guidelines aid for the modernisation of fishing vessels may be deemed compatible provided that it meets the relevant conditions laid down in Regulation (EC) No 3699/93 (6).

Regulation (EC) No 3699/93

| (21) | According to Articles 7 and 10 and Annex III of Regulation (EC) No 3699/93, the investments should relate to:






  — | the rationalization of fishing operations, in particular by the use of more selective fishing gear and methods; |
| --- | --- | --- |

(21)

According to Articles 7 and 10 and Annex III of Regulation (EC) No 3699/93, the investments should relate to:

—

the rationalization of fishing operations, in particular by the use of more selective fishing gear and methods;

| — | improvement of the quality of products caught and preserved on board, the use of better fishing and preserving techniques and the implementation of legal and regulatory provisions regarding health; |
| --- | --- |

—

improvement of the quality of products caught and preserved on board, the use of better fishing and preserving techniques and the implementation of legal and regulatory provisions regarding health;

| — | improvement of working conditions and safety, and/or equipment on board vessels to monitor fishing activities. |
| --- | --- |

—

improvement of working conditions and safety, and/or equipment on board vessels to monitor fishing activities.

The operations may cover only vessels less than 30 years old, unless it concerns investments related to the improvement of working conditions and safety or equipment on board vessels to monitor fishing activities.

As Shetland is an objective I region, aid may be granted up to 60 % of total cost of the improvement project.

4.2.2.   Guidelines of 2001

| (22) | According to point 2.2.3.2 of 2001 Guidelines, applicable to existing aid as from 1 July 2001, aid for the construction of new fishing vessels may be deemed compatible with the common market provided that it meets the relevant conditions laid down in Regulation (EC) No 2792/1999 (7). |
| --- | --- |

(22)

According to point 2.2.3.2 of 2001 Guidelines, applicable to existing aid as from 1 July 2001, aid for the construction of new fishing vessels may be deemed compatible with the common market provided that it meets the relevant conditions laid down in Regulation (EC) No 2792/1999 (7).

Regulation (EC) No 2792/1999

| (23) | Articles 6, 7, 9 and 10 and Annex III of Regulation (EC) No 2792/1999 require that any entry of new capacity is compensated by the withdrawal of a capacity without public aid which is at least equal to the new capacity introduced in the segments concerned. Until 31 December 2001, where the objectives for the size of the fleet were not yet respected, the withdrawal of capacity should at least be 30 % more than the new capacity introduced. |
| --- | --- |

(23)

Articles 6, 7, 9 and 10 and Annex III of Regulation (EC) No 2792/1999 require that any entry of new capacity is compensated by the withdrawal of a capacity without public aid which is at least equal to the new capacity introduced in the segments concerned. Until 31 December 2001, where the objectives for the size of the fleet were not yet respected, the withdrawal of capacity should at least be 30 % more than the new capacity introduced.

| (24) | The aid may only be granted where the Member State has submitted the information concerning the application of the Multi-annual Guidance Programme (MAGP), has complied with its obligations under Regulation (EEC) No 2930/86 concerning the characteristics of fishing vessels, has implemented the permanent arrangements for fleet renewal and modernisation under Article 6 of Regulation (EC) No 2792/1999, and has complied with the overall MAGP-objectives. |
| --- | --- |

(24)

The aid may only be granted where the Member State has submitted the information concerning the application of the Multi-annual Guidance Programme (MAGP), has complied with its obligations under Regulation (EEC) No 2930/86 concerning the characteristics of fishing vessels, has implemented the permanent arrangements for fleet renewal and modernisation under Article 6 of Regulation (EC) No 2792/1999, and has complied with the overall MAGP-objectives.

| (25) | Furthermore, the aid for the modernisation of fishing vessels can be granted only if the aid does not concern capacity in terms of tonnage or power. |
| --- | --- |

(25)

Furthermore, the aid for the modernisation of fishing vessels can be granted only if the aid does not concern capacity in terms of tonnage or power.

| (26) | Finally, the vessels have to be registered in the fleet register and the changes in vessels characteristics must be communicated to this register. The replacement of fishing gear shall not be eligible. |
| --- | --- |

(26)

Finally, the vessels have to be registered in the fleet register and the changes in vessels characteristics must be communicated to this register. The replacement of fishing gear shall not be eligible.

| (27) | As Shetland is an objective I region, aid may be granted up to 40 % of the total eligible costs. |
| --- | --- |

(27)

As Shetland is an objective I region, aid may be granted up to 40 % of the total eligible costs.

Regulation (EC) No 2369/2002

| (28) | On 1 January 2003 the relevant Articles and Annex of Regulation (EC) No 2792/1999 were amended by Regulation (EC) No 2369/2002 (8). In addition to the conditions of Regulation (EC) No 2792/1999, the aid for the modernisation of fishing vessels is further restricted in the sense that such aid may only be granted provided that the aid does not serve to increase the effectiveness of the fishing gear. |
| --- | --- |

(28)

On 1 January 2003 the relevant Articles and Annex of Regulation (EC) No 2792/1999 were amended by Regulation (EC) No 2369/2002 (8). In addition to the conditions of Regulation (EC) No 2792/1999, the aid for the modernisation of fishing vessels is further restricted in the sense that such aid may only be granted provided that the aid does not serve to increase the effectiveness of the fishing gear.

| (29) | As regards the existing condition regarding the fact that the aid may not concern capacity in terms of tonnage or of power, the amendment introduced an exemption to this restriction, allowing such types of aids when they are in line with Article 11(5) of Regulation (EC) No 2371/2002, which allows capacity increases in case of modernisations works relating to safety, working conditions, hygiene and product quality. |
| --- | --- |

(29)

As regards the existing condition regarding the fact that the aid may not concern capacity in terms of tonnage or of power, the amendment introduced an exemption to this restriction, allowing such types of aids when they are in line with Article 11(5) of Regulation (EC) No 2371/2002, which allows capacity increases in case of modernisations works relating to safety, working conditions, hygiene and product quality.

Regulation (EC) No 1421/2004

| (30) | With regard to condition concerning the replacement of fishing gear the Regulation was once more amended by Regulation (EC) No 1421/2004 (9), which entered into force on 26 August 2004. From the entry into force of that amendment replacement of fishing gear could be considered eligible if the vessel is subject to a recovery plan and is required to end its participation in the fishery concerned and fish for other species with different fishing gear. In such a case the Commission may decide that the first replacement of fishing gear, where fishing possibilities are significantly reduced by a recovery plan may be considered eligible. |
| --- | --- |

(30)

With regard to condition concerning the replacement of fishing gear the Regulation was once more amended by Regulation (EC) No 1421/2004 (9), which entered into force on 26 August 2004. From the entry into force of that amendment replacement of fishing gear could be considered eligible if the vessel is subject to a recovery plan and is required to end its participation in the fishery concerned and fish for other species with different fishing gear. In such a case the Commission may decide that the first replacement of fishing gear, where fishing possibilities are significantly reduced by a recovery plan may be considered eligible.

4.2.3.   Guidelines of 2004

| (31) | The 2004 Guidelines should be applied to all existing schemes as from 1 January 2005. With regard to the aid for modernisation of fishing vessels these guidelines refer to the Articles 6, 7, 9 and 10 and Annex III (point 1.4) of Regulation (EC) No 2792/1999 and thus the same conditions remain to apply. |
| --- | --- |

(31)

The 2004 Guidelines should be applied to all existing schemes as from 1 January 2005. With regard to the aid for modernisation of fishing vessels these guidelines refer to the Articles 6, 7, 9 and 10 and Annex III (point 1.4) of Regulation (EC) No 2792/1999 and thus the same conditions remain to apply.

4.3.   Compatibility

| (32) | Under the scheme aid could be granted for the modernisation of fishing vessels, related to a major improvement like for example better storage of catches, replacement of the engine, improvements in working conditions or to crew safety. |
| --- | --- |

(32)

Under the scheme aid could be granted for the modernisation of fishing vessels, related to a major improvement like for example better storage of catches, replacement of the engine, improvements in working conditions or to crew safety.

| (33) | Thus as regards aid granted under the scheme until 1 July 2001, the scheme is in compliance with the conditions of Regulation (EC) No 3699/93 and of the 1994 and 1997 Guidelines. Furthermore, aid has been granted up to 10 % of the total cost of the improvement project, with a maximum of GBP 40 000 per vessel. Until 1 July 2001 aid could be granted up to 60 % and after that date up to 40 % of the total eligible costs. The rate aid of the scheme is therefore considered compatible with the conditions applicable under both the 1994 and 1997 Guidelines. |
| --- | --- |

(33)

Thus as regards aid granted under the scheme until 1 July 2001, the scheme is in compliance with the conditions of Regulation (EC) No 3699/93 and of the 1994 and 1997 Guidelines. Furthermore, aid has been granted up to 10 % of the total cost of the improvement project, with a maximum of GBP 40 000 per vessel. Until 1 July 2001 aid could be granted up to 60 % and after that date up to 40 % of the total eligible costs. The rate aid of the scheme is therefore considered compatible with the conditions applicable under both the 1994 and 1997 Guidelines.

| (34) | Moreover, the United Kingdom has complied with its reporting obligations under MAGP IV and with the overall MAGP IV objectives for its fleet. |
| --- | --- |

(34)

Moreover, the United Kingdom has complied with its reporting obligations under MAGP IV and with the overall MAGP IV objectives for its fleet.

| (35) | However, with regard to the period from 1 July 2001, the scheme does not seem to comply fully with the conditions of Article 9 of the Regulations (EC) No 2792/1999, as applicable under the 2001 Guidelines as from 1 July 2001. According to this provision, aid for modernisation of fishing vessel may be granted only if the aid does not concern capacity in terms of tonnage or power. |
| --- | --- |

(35)

However, with regard to the period from 1 July 2001, the scheme does not seem to comply fully with the conditions of Article 9 of the Regulations (EC) No 2792/1999, as applicable under the 2001 Guidelines as from 1 July 2001. According to this provision, aid for modernisation of fishing vessel may be granted only if the aid does not concern capacity in terms of tonnage or power.

| (36) | Under the scheme replacement of engines has been financed as well as other types of modernisation that could concern capacity in terms of tonnage or power (e.g. better storage of catches). Such types of modernisation aid can not be considered compatible with the 2001 Guidelines. Therefore, at this stage, the Commission seriously doubts if such aids granted under the scheme from 1 July 2001 could be considered compatible with the common market. |
| --- | --- |

(36)

Under the scheme replacement of engines has been financed as well as other types of modernisation that could concern capacity in terms of tonnage or power (e.g. better storage of catches). Such types of modernisation aid can not be considered compatible with the 2001 Guidelines. Therefore, at this stage, the Commission seriously doubts if such aids granted under the scheme from 1 July 2001 could be considered compatible with the common market.

| (37) | All other types of aid granted under the scheme from 1 July 2001 that do not concern capacity in terms of tonnage or power are regarded compatible with the common market. |
| --- | --- |

(37)

All other types of aid granted under the scheme from 1 July 2001 that do not concern capacity in terms of tonnage or power are regarded compatible with the common market.

4.3.   Conclusion

| (38) | With regard to the above the Commission considers that the scheme as applied until 1 July 2001 can be considered to be compatible with the respective Guidelines in force at the time the aid was granted and thus compatible with the common market. |
| --- | --- |

(38)

With regard to the above the Commission considers that the scheme as applied until 1 July 2001 can be considered to be compatible with the respective Guidelines in force at the time the aid was granted and thus compatible with the common market.

| (39) | However, as regards the application of the scheme after 1 July 2001, the Commission has at this stage, for the reasons pointed out in points 35 and 36, serious doubts on its compatibility with common market of aids granted for types of modernisation that concern capacity in terms of tonnage or power. |
| --- | --- |

(39)

However, as regards the application of the scheme after 1 July 2001, the Commission has at this stage, for the reasons pointed out in points 35 and 36, serious doubts on its compatibility with common market of aids granted for types of modernisation that concern capacity in terms of tonnage or power.

5.   DECISION

| (40) | In view of the foregoing analysis the Commission has decided not to raise any objections to this aid scheme as far as it concerns the aid granted before 1 July 2001. |
| --- | --- |

(40)

In view of the foregoing analysis the Commission has decided not to raise any objections to this aid scheme as far as it concerns the aid granted before 1 July 2001.

| (41) | However, with regard to the application of the scheme after 1 July 2001, the Commission observes that there exists, at this stage of the preliminary examination, as provided for by Article 6 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty, serious doubts on the compatibility of this aid scheme with the Guidelines for the examination of State aid to Fisheries and aquaculture and, therefore, with the EC Treaty. |
| --- | --- |

(41)

However, with regard to the application of the scheme after 1 July 2001, the Commission observes that there exists, at this stage of the preliminary examination, as provided for by Article 6 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty, serious doubts on the compatibility of this aid scheme with the Guidelines for the examination of State aid to Fisheries and aquaculture and, therefore, with the EC Treaty.

| (42) | In the light of the foregoing conditions, the Commission, acting under the procedure laid down in Article 88 (2) of the EC Treaty and Article 6 of Regulation (EC) No 659/1999, requests the United Kingdom of Great Britain and Northern Ireland to submit its comments and to provide all such information as may help to further assess the aid scheme, within one month of the date of receipt of this letter. It requests your authorities to forward a copy of this letter to the recipients of the aid immediately. |
| --- | --- |

(42)

In the light of the foregoing conditions, the Commission, acting under the procedure laid down in Article 88 (2) of the EC Treaty and Article 6 of Regulation (EC) No 659/1999, requests the United Kingdom of Great Britain and Northern Ireland to submit its comments and to provide all such information as may help to further assess the aid scheme, within one month of the date of receipt of this letter. It requests your authorities to forward a copy of this letter to the recipients of the aid immediately.

| (43) | The Commission wishes to remind the United Kingdom of Great Britain and Northern Ireland that Article 88 (3) of the EC Treaty has suspensory effect and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which provides that all unlawful aid may be recovered from the recipient. |
| --- | --- |

(43)

The Commission wishes to remind the United Kingdom of Great Britain and Northern Ireland that Article 88 (3) of the EC Treaty has suspensory effect and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which provides that all unlawful aid may be recovered from the recipient.

| (44) | The Commission warns the United Kingdom of Great Britain and Northern Ireland that it will inform interested parties by publishing this letter and a meaningful summary of it in the Official Journal of the European Union. It will also inform interested parties in the EFTA countries which are signatories to the EEA Agreement, by publication of a notice in the EEA Supplement to the Official Journal of the European Union and will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited to submit their comments within one month of the date of such publication.’ |
| --- | --- |

(44)

The Commission warns the United Kingdom of Great Britain and Northern Ireland that it will inform interested parties by publishing this letter and a meaningful summary of it in the Official Journal of the European Union. It will also inform interested parties in the EFTA countries which are signatories to the EEA Agreement, by publication of a notice in the EEA Supplement to the Official Journal of the European Union and will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited to submit their comments within one month of the date of such publication.’

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(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

1

(2)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p. 5.

2

(3)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

3

(4)  OJ C 229, 14.9.2004, p.5

4

(5)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p.5.

5

(6)  Council Regulation (EC) 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and the marketing of its products, OJ L 346, 31.12.1993, p. 1.

6

(7)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector OJ L 337, 30.12.1999, p. 10, as last amended by Regulation (EC) No 485/2005, OJ L 81, 30.3.2005, p. 1.

7

(8)  OJ L 358, 31.12.2002, p. 49.

8

(9)  OJ L 260, 6.8.2004, p. 1.

9

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| 2.12.2006 | EN | Official Journal of the European Union | C 293/14 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 293/14

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Prior notification of a concentration

(Case COMP/M.4491 — DHC/KP1)

Candidate case for simplified procedure

(Text with EEA relevance)

(2006/C 293/06)

| 1. | On 22 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Doughty Hanson & Co. Limited (‘DHC’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking KP1 Group (‘KP1’, France), by way of purchase of shares. |
| --- | --- |

1.

On 22 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Doughty Hanson & Co. Limited (‘DHC’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking KP1 Group (‘KP1’, France), by way of purchase of shares.

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






  — | DHC: private equity fund manager; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

DHC: private equity fund manager;

| — | KP1 Group: development, design, manufacture, sale and installation of construction materials and structures for residential, commercial and industrial construction segments. |
| --- | --- |

—

KP1 Group: development, design, manufacture, sale and installation of construction materials and structures for residential, commercial and industrial construction segments.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4491 — DHC/KP1, 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.4491 — DHC/KP1, 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 56, 5.3.2005, p. 32.

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