# Official Journal C 85/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.085.eng |
| --- | --- |
| Official Journal
  of the European Union | C 85 |
| | |
| English edition | Information and Notices | Volume 5331 March 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.085.eng

Official Journal

of the European Union

C 85

English edition

Information and Notices

Volume 5331 March 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 085/01 | Non-opposition to a notified concentration (Case COMP/M.5666 — Xerox/Affiliated Computer Services) (
  1
  ) | 1 |
| 2010/C 085/02 | Non-opposition to a notified concentration (Case COMP/M.5680 — Faurecia/EMCON Technologies) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 085/01

Non-opposition to a notified concentration (Case COMP/M.5666 — Xerox/Affiliated Computer Services) (
  1
  )

1

1

2010/C 085/02

Non-opposition to a notified concentration (Case COMP/M.5680 — Faurecia/EMCON Technologies) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 085/03 | Euro exchange rates | 2 |
| 2010/C 085/04 | SESAR Joint Undertaking — Budget 2010 and staff establishment plan 2010 | 3 |
| 2010/C 085/05 | Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2010(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1)) | 11 |
| | NOTICES FROM MEMBER STATES |
| 2010/C 085/06 | Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 12 |
| 2010/C 085/07 | Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  ) | 13 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 085/03

Euro exchange rates

2

2010/C 085/04

SESAR Joint Undertaking — Budget 2010 and staff establishment plan 2010

3

2010/C 085/05

Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2010(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

11

NOTICES FROM MEMBER STATES

2010/C 085/06

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

12

2010/C 085/07

Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  )

1

13

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2010/C 085/08 | Call for proposals — EACEA/08/10 — Under the Lifelong Learning Programme (LLP) — Leonardo da Vinci Programme — Award of grants to support national projects to test and develop the credit system for vocational education and training (ECVET) | 14 |
| 2010/C 085/09 | Call for proposals — EACEA/09/10 — Under the Lifelong Learning Programme (LLP) — Leonardo da Vinci Programme — Award of grants to support national projects for the development of a national approach to improve the quality assurance of vocational education and training (VET) systems by promoting and developing the use of the European Quality Assurance Reference Framework in vocational education and training | 17 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 085/10 | State aid — Germany — Austria — State aid C 16/09 (ex N 254/09) and N 698/09 — BayernLB, Germany, and Hypo Group Alpe Adria, Austria — Invitation to submit comments pursuant to Article 108(2) TFEU (
  1
  ) | 21 |
| 2010/C 085/11 | Prior notification of a concentration (Case COMP/M.5845 — Bain Capital/Styron Business) — Candidate case for simplified procedure (
  1
  ) | 30 |
| 2010/C 085/12 | Decision No 788 of 9 October 2009 opening a procedure for granting authorisation for the prospection and exploration of oil and gas — underground natural resources as defined in Article 2(1)(3) of the Underground Natural Resources Act, in Block 1-14 Silistar, located on the Republic of Bulgaria's continental shelf and in its exclusive economic zone in the Black Sea, and announcing that authorisation will be granted on the basis of a competitive tendering procedure | 31 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2010/C 085/08

Call for proposals — EACEA/08/10 — Under the Lifelong Learning Programme (LLP) — Leonardo da Vinci Programme — Award of grants to support national projects to test and develop the credit system for vocational education and training (ECVET)

14

2010/C 085/09

Call for proposals — EACEA/09/10 — Under the Lifelong Learning Programme (LLP) — Leonardo da Vinci Programme — Award of grants to support national projects for the development of a national approach to improve the quality assurance of vocational education and training (VET) systems by promoting and developing the use of the European Quality Assurance Reference Framework in vocational education and training

17

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 085/10

State aid — Germany — Austria — State aid C 16/09 (ex N 254/09) and N 698/09 — BayernLB, Germany, and Hypo Group Alpe Adria, Austria — Invitation to submit comments pursuant to Article 108(2) TFEU (
  1
  )

1

21

2010/C 085/11

Prior notification of a concentration (Case COMP/M.5845 — Bain Capital/Styron Business) — Candidate case for simplified procedure (
  1
  )

1

30

2010/C 085/12

Decision No 788 of 9 October 2009 opening a procedure for granting authorisation for the prospection and exploration of oil and gas — underground natural resources as defined in Article 2(1)(3) of the Underground Natural Resources Act, in Block 1-14 Silistar, located on the Republic of Bulgaria's continental shelf and in its exclusive economic zone in the Black Sea, and announcing that authorisation will be granted on the basis of a competitive tendering procedure

31

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 31.3.2010 | EN | Official Journal of the European Union | C 85/1 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/1

---

Non-opposition to a notified concentration

(Case COMP/M.5666 — Xerox/Affiliated Computer Services)

(Text with EEA relevance)

2010/C 85/01

On 19 January 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5666. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5666. EUR-Lex is the on-line access to the European law.

---

| 31.3.2010 | EN | Official Journal of the European Union | C 85/1 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/1

---

Non-opposition to a notified concentration

(Case COMP/M.5680 — Faurecia/EMCON Technologies)

(Text with EEA relevance)

2010/C 85/02

On 6 January 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5680. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5680. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 31.3.2010 | EN | Official Journal of the European Union | C 85/2 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/2

---

Euro exchange rates (1)

30 March 2010

2010/C 85/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3482 |
| JPY | Japanese yen | 124,80 |
| DKK | Danish krone | 7,4439 |
| GBP | Pound sterling | 0,89330 |
| SEK | Swedish krona | 9,7803 |
| CHF | Swiss franc | 1,4316 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0410 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,443 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 265,90 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 3,8759 |
| RON | Romanian leu | 4,0715 |
| TRY | Turkish lira | 2,0583 |
| AUD | Australian dollar | 1,4650 |
| CAD | Canadian dollar | 1,3731 |
| HKD | Hong Kong dollar | 10,4682 |
| NZD | New Zealand dollar | 1,8925 |
| SGD | Singapore dollar | 1,8863 |
| KRW | South Korean won | 1 523,55 |
| ZAR | South African rand | 9,9389 |
| CNY | Chinese yuan renminbi | 9,2025 |
| HRK | Croatian kuna | 7,2640 |
| IDR | Indonesian rupiah | 12 241,67 |
| MYR | Malaysian ringgit | 4,4066 |
| PHP | Philippine peso | 61,056 |
| RUB | Russian rouble | 39,6675 |
| THB | Thai baht | 43,594 |
| BRL | Brazilian real | 2,4140 |
| MXN | Mexican peso | 16,7339 |
| INR | Indian rupee | 60,8020 |

Currency

Exchange rate

USD

US dollar

1,3482

JPY

Japanese yen

124,80

DKK

Danish krone

7,4439

GBP

Pound sterling

0,89330

SEK

Swedish krona

9,7803

CHF

Swiss franc

1,4316

ISK

Iceland króna

NOK

Norwegian krone

8,0410

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,443

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

265,90

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

3,8759

RON

Romanian leu

4,0715

TRY

Turkish lira

2,0583

AUD

Australian dollar

1,4650

CAD

Canadian dollar

1,3731

HKD

Hong Kong dollar

10,4682

NZD

New Zealand dollar

1,8925

SGD

Singapore dollar

1,8863

KRW

South Korean won

1 523,55

ZAR

South African rand

9,9389

CNY

Chinese yuan renminbi

9,2025

HRK

Croatian kuna

7,2640

IDR

Indonesian rupiah

12 241,67

MYR

Malaysian ringgit

4,4066

PHP

Philippine peso

61,056

RUB

Russian rouble

39,6675

THB

Thai baht

43,594

BRL

Brazilian real

2,4140

MXN

Mexican peso

16,7339

INR

Indian rupee

60,8020

---

(1)  Source: reference exchange rate published by the ECB.

---

| 31.3.2010 | EN | Official Journal of the European Union | C 85/3 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/3

---

SESAR JOINT UNDERTAKING

BUDGET 2010 AND STAFF ESTABLISHMENT PLAN 2010

2010/C 85/04

BUDGET 2010

STATEMENT OF REVENUE

| (EUR) |
| --- |
| Title/Chapter | Programme estimates Rev Sep ’09 | Commitment appropriations | Payment appropriations |
| Year 2008 | Revised budget 2009 (1) | Budget 2010 | Year 2008 | Revised budget 2009 (1) | Budget 2010 |
| 1. | European Union contribution |

(EUR)

Title/Chapter

Programme estimates Rev Sep ’09

Commitment appropriations

Payment appropriations

Year 2008

Revised budget 2009 (1)

Budget 2010

Year 2008

Revised budget 2009 (1)

Budget 2010

1.

700 000 000

260 000 000

55 000 000

105 000 000

110 863 212

27 688 788

66 000 000

| 1.1. | 7th Research and Development Framework Programme |
| --- | --- |

1.1.

7th Research and Development Framework Programme

350 000 000

60 000 000

55 000 000

55 000 000

25 000 000

13 552 000

41 000 000

| 1.2. | Trans-European network programme |
| --- | --- |

1.2.

Trans-European network programme

350 000 000

200 000 000

p.m.

50 000 000

85 863 212

14 136 788

25 000 000

| 2. | Contribution from Eurocontrol |
| --- | --- |

2.

165 000 000

10 000 000

13 150 000

11 450 000

10 000 000

13 150 000

11 450 000

| 2.1. | Contribution in cash |
| --- | --- |

2.1.

Contribution in cash

165 000 000

10 000 000

13 150 000

11 450 000

10 000 000

13 150 000

11 450 000

| 2.2. | Contribution in kind |
| --- | --- |

2.2.

Contribution in kind

| 3. | Contributions from other members |
| --- | --- |

3.

30 774 983

4 396 426

4 396 426

| 3.1. | Contribution in cash |
| --- | --- |

3.1.

Contribution in cash

30 774 983

4 396 426

4 396 426

| 3.2. | Contribution in kind |
| --- | --- |

3.2.

Contribution in kind

| 4. | Other revenue |
| --- | --- |

4.

148 369

957 260

182 973

148 369

957 260

182 973

| 4.1. | Revenue from interests yielded |
| --- | --- |

4.1.

Revenue from interests yielded

148 369

573 538

182 973

148 369

573 538

182 973

| 4.2. | Revenue from taxes recovered |
| --- | --- |

4.2.

Revenue from taxes recovered

383 722

383 722

| 4.3. | Programme revenues from non-members |
| --- | --- |

4.3.

Programme revenues from non-members

Budget outturn previous year

256 030 073

115 633 500

TOTAL REVENUE

895 774 983

270 148 369

325 137 333

121 029 399

121 011 581

157 429 548

82 029 399

STATEMENT OF EXPENDITURE

| (EUR) |
| --- |
| Title/Chapter | Programme estimates Rev Sep ’09 | Commitment appropriations | Payment appropriations |
| Year 2008 | Revised budget 2009 (2) | Budget 2010 | Year 2008 | Revised budget 2009 (2) | Budget 2010 |
| 1. | Staff expenditure |

(EUR)

Title/Chapter

Programme estimates Rev Sep ’09

Commitment appropriations

Payment appropriations

Year 2008

Revised budget 2009 (2)

Budget 2010

Year 2008

Revised budget 2009 (2)

Budget 2010

1.

55 000 000

3 210 970

6 026 091

5 543 939

2 771 827

6 026 091

5 543 939

| 1.1. | Staff expenditure as per staff establishment plan |
| --- | --- |

1.1.

Staff expenditure as per staff establishment plan

50 000 000

2 768 909

4 139 981

3 171 962

2 435 193

4 139 981

3 171 962

| 1.2. | Contract agents, interim staff |
| --- | --- |

1.2.

Contract agents, interim staff

145 944

167 758

282 353

145 944

167 758

282 353

| 1.3. | Secondments from members |
| --- | --- |

1.3.

Secondments from members

5 000 000

98 053

750 000

954 824

750 000

954 824

| 1.4. | Seconded national experts |
| --- | --- |

1.4.

Seconded national experts

15 000

150 000

15 000

150 000

| 1.5. | Mission costs |
| --- | --- |

1.5.

Mission costs

125 328

601 647

515 000

130 087

601 647

515 000

| 1.6. | Other staff expenditure |
| --- | --- |

1.6.

Other staff expenditure

72 736

351 705

469 800

60 603

351 705

469 800

| 2. | Administrative expenditure |
| --- | --- |

2.

45 774 983

1 522 108

3 436 989

3 130 060

909 207

4 331 710

3 130 060

| 2.1. | Rental of buildings and associated costs |
| --- | --- |

2.1.

Rental of buildings and associated costs

469 766

150 987

764 000

513 392

817 529

764 000

| 2.2. | Movable property and associated costs |
| --- | --- |

2.2.

Movable property and associated costs

27 662

125 150

55 000

27 662

128 886

55 000

| 2.3. | PR and events |
| --- | --- |

2.3.

PR and events

278 737

350 000

300 000

122 177

450 000

300 000

| 2.4. | Postage and telecommunications |
| --- | --- |

2.4.

Postage and telecommunications

43 574

70 224

140 060

40 794

72 637

140 060

| 2.5. | Administrative board expenditure |
| --- | --- |

2.5.

Administrative board expenditure

17 639

30 600

31 000

17 313

31 276

31 000

| 2.6. | Current administrative expenditure |
| --- | --- |

2.6.

Current administrative expenditure

190 916

719 752

370 000

173 009

824 074

370 000

| 2.7. | It expenditure and technical facilities |
| --- | --- |

2.7.

It expenditure and technical facilities

493 814

1 990 276

1 470 000

14 859

2 007 307

1 470 000

| 3. | Operating expenditure |
| --- | --- |

3.

795 000 000

9 385 218

315 674 253

112 355 400

1 697 047

147 071 747

73 355 400

| 3.1. | Studies/development conducted by the SJU |
| --- | --- |

3.1.

Studies/development conducted by the SJU

179 500 345

9 044 262

66 250 000

15 830 000

1 697 047

20 250 000

34 476 700

| 3.2. | Studies/development conducted by Eurocontrol |
| --- | --- |

3.2.

Studies/development conducted by Eurocontrol

6 400 000

600 000

6 400 000

600 000

| 3.3. | Studies/development conducted by the members |
| --- | --- |

3.3.

Studies/development conducted by the members

615 499 655

340 956

243 024 253

95 925 400

120 421 747

38 278 700

TOTAL EXPENDITURE

895 774 983

14 118 296

325 137 333

121 029 399

5 378 081

157 429 548

82 029 399

BUDGET OUTTURN

256 030 073

115 633 500

---

(1)  Subject to approval by the ADB.

(2)  Subject to approval by the ADB.

---

ANNEX I

IN-KIND CONTRIBUTION AND EXPENDITURE

IN-KIND CONTRIBUTION

| (EUR) |
| --- |
| Title/Chapter | Programme estimates Rev Sep '09 | Commitment appropriations |
| Year 2008 | Revised Budget 2009 (1) | budget 2010 |
| 1. | European Union contribution |

(EUR)

Title/Chapter

Programme estimates Rev Sep '09

Commitment appropriations

Year 2008

Revised Budget 2009 (1)

budget 2010

1.

| 1.1. | 7th Research and Development Framework Programme |
| --- | --- |

1.1.

7th Research and Development Framework Programme

| 1.2. | Tran-European network programme |
| --- | --- |

1.2.

Tran-European network programme

| 2. | Contribution from Eurocontrol |
| --- | --- |

2.

535 000 000

20 100 000

52 250 000

| 2.1. | Contribution in cash |
| --- | --- |

2.1.

Contribution in cash

| 2.2. | Contribution in kind |
| --- | --- |

2.2.

Contribution in kind

535 000 000

20 100 000

52 250 000

| 3. | Contributions from other members |
| --- | --- |

3.

615 499 655

243 024 253

95 925 400

| 3.1. | Contribution in cash |
| --- | --- |

3.1.

Contribution in cash

| 3.2. | Contribution in kind |
| --- | --- |

3.2.

Contribution in kind

615 499 655

243 024 253

95 925 400

| 4. | Other revenue |
| --- | --- |

4.

53 725 363

| 4.1. | Revenue from interests yielded |
| --- | --- |

4.1.

Revenue from interests yielded

| 4.2. | Revenue from taxes recovered |
| --- | --- |

4.2.

Revenue from taxes recovered

| 4.3. | Programme revenues from non-members |
| --- | --- |

4.3.

Programme revenues from non-members

53 725 363

Budget outturn previous year

TOTAL REVENUE

1 204 225 018

263 124 253

148 175 400

IN-KIND EXPENDITURE

| (EUR) |
| --- |
| Title/Chapter | Programme estimates Rev Sep '09 | Commitment appropriations |
| Year 2008 | Revised Budget 2009 (2) | budget 2010 |
| 1. | Staff expenditure |

(EUR)

Title/Chapter

Programme estimates Rev Sep '09

Commitment appropriations

Year 2008

Revised Budget 2009 (2)

budget 2010

1.

| 1.1. | Staff expenditure as per staff establishment plan |
| --- | --- |

1.1.

Staff expenditure as per staff establishment plan

| 1.2. | Contract agents, interim staff |
| --- | --- |

1.2.

Contract agents, interim staff

| 1.3. | Secondments from members |
| --- | --- |

1.3.

Secondments from members

| 1.4. | Seconded national experts |
| --- | --- |

1.4.

Seconded national experts

| 1.5. | Mission costs |
| --- | --- |

1.5.

Mission costs

| 1.6. | Other staff expenditure |
| --- | --- |

1.6.

Other staff expenditure

| 2. | Administrative expenditure |
| --- | --- |

2.

| 2.1. | Rental of buildings and associated costs |
| --- | --- |

2.1.

Rental of buildings and associated costs

| 2.2. | Movable property and associated costs |
| --- | --- |

2.2.

Movable property and associated costs

| 2.3. | PR and events |
| --- | --- |

2.3.

PR and events

| 2.4. | Postage and telecommunications |
| --- | --- |

2.4.

Postage and telecommunications

| 2.5. | Administrative board expenditure |
| --- | --- |

2.5.

Administrative board expenditure

| 2.6. | Current administrative expenditure |
| --- | --- |

2.6.

Current administrative expenditure

| 2.7. | IT expenditure and technical facilities |
| --- | --- |

2.7.

IT expenditure and technical facilities

| 3. | Operating expenditure |
| --- | --- |

3.

1 204 225 018

263 124 253

148 175 400

| 3.1. | Studies/development conducted by the SJU |
| --- | --- |

3.1.

Studies/development conducted by the SJU

53 725 363

| 3.2. | Studies/development conducted by Eurocontrol |
| --- | --- |

3.2.

Studies/development conducted by Eurocontrol

535 000 000

20 100 000

52 250 000

| 3.3. | Studies/development conducted by the members |
| --- | --- |

3.3.

Studies/development conducted by the members

615 499 655

243 024 253

95 925 400

TOTAL EXPENDITURE

1 204 225 018

263 124 253

148 175 400

BUDGET OUTTURN

---

(1)  Subject to approval by the ADB.

(2)  Subject to approval by the ADB.

---

ANNEX II

TOTAL

REVENUE (cash and in-kind)

| (EUR) |
| --- |
| Title/Chapter | Programme estimates Rev Sep ’09 | Commitment appropriations |
| Year 2008 | Revised budget 2009 (1) | Budget 2010 |
| 1. | European Union contribution |

(EUR)

Title/Chapter

Programme estimates Rev Sep ’09

Commitment appropriations

Year 2008

Revised budget 2009 (1)

Budget 2010

1.

700 000 000

260 000 000

55 000 000

105 000 000

| 1.1. | 7th Research and Development Framework Programme |
| --- | --- |

1.1.

7th Research and Development Framework Programme

350 000 000

60 000 000

55 000 000

55 000 000

| 1.2. | Trans-European network programme |
| --- | --- |

1.2.

Trans-European network programme

350 000 000

200 000 000

50 000 000

| 2. | Contribution from Eurocontrol |
| --- | --- |

2.

700 000 000

10 000 000

33 250 000

63 700 000

| 2.1. | Contribution in cash |
| --- | --- |

2.1.

Contribution in cash

165 000 000

10 000 000

13 150 000

11 450 000

| 2.2. | Contribution in kind |
| --- | --- |

2.2.

Contribution in kind

535 000 000

20 100 000

52 250 000

| 3. | Contributions from other members |
| --- | --- |

3.

646 274 638

243 024 253

100 321 826

| 3.1. | Contribution in cash |
| --- | --- |

3.1.

Contribution in cash

30 774 983

4 396 426

| 3.2. | Contribution in kind |
| --- | --- |

3.2.

Contribution in kind

615 499 655

243 024 253

95 925 400

| 4. | Other revenue |
| --- | --- |

4.

53 725 363

148 369

957 260

182 973

| 4.1. | Revenue from interests yielded |
| --- | --- |

4.1.

Revenue from interests yielded

148 369

573 538

182 973

| 4.2. | Revenue from taxes recovered |
| --- | --- |

4.2.

Revenue from taxes recovered

383 722

| 4.3. | Programme revenues from non-members |
| --- | --- |

4.3.

Programme revenues from non-members

53 725 363

Budget outturn previous year

256 030 073

TOTAL REVENUE

2 100 000 000

270 148 369

588 261 586

269 204 799

EXPENDITURE (cash and in-kind)

| (EUR) |
| --- |
| Title/Chapter | Programme estimates Rev Sep ’09 | Commitment appropriations |
| Year 2008 | Revised budget 2009 (2) | Budget 2010 |
| 1. | Staff expenditure |

(EUR)

Title/Chapter

Programme estimates Rev Sep ’09

Commitment appropriations

Year 2008

Revised budget 2009 (2)

Budget 2010

1.

55 000 000

3 210 970

6 026 091

5 543 939

| 1.1. | Staff expenditure as per staff establishment plan |
| --- | --- |

1.1.

Staff expenditure as per staff establishment plan

50 000 000

2 768 909

4 139 981

3 171 962

| 1.2. | Contract agents, interim staff |
| --- | --- |

1.2.

Contract agents, interim staff

145 944

167 758

282 353

| 1.3. | Secondments from members |
| --- | --- |

1.3.

Secondments from members

5 000 000

98 053

750 000

954 824

| 1.4. | Seconded national experts |
| --- | --- |

1.4.

Seconded national experts

15 000

150 000

| 1.5. | Mission costs |
| --- | --- |

1.5.

Mission costs

125 328

601 647

515 000

| 1.6. | Other staff expenditure |
| --- | --- |

1.6.

Other staff expenditure

72 736

351 705

469 800

| 2. | Administrative expenditure |
| --- | --- |

2.

45 774 983

1 522 108

3 436 989

3 130 060

| 2.1. | Rental of buildings and associated costs |
| --- | --- |

2.1.

Rental of buildings and associated costs

469 766

150 987

764 000

| 2.2. | Movable property and associated costs |
| --- | --- |

2.2.

Movable property and associated costs

27 662

125 150

55 000

| 2.3. | PR and events |
| --- | --- |

2.3.

PR and events

278 737

350 000

300 000

| 2.4. | Postage and telecommunications |
| --- | --- |

2.4.

Postage and telecommunications

43 574

70 224

140 060

| 2.5. | Administrative board expenditure |
| --- | --- |

2.5.

Administrative board expenditure

17 639

30 600

31 000

| 2.6. | Current administrative expenditure |
| --- | --- |

2.6.

Current administrative expenditure

190 916

719 752

370 000

| 2.7. | IT expenditure and technical facilities |
| --- | --- |

2.7.

IT expenditure and technical facilities

493 814

1 990 276

1 470 000

| 3. | Operating expenditure |
| --- | --- |

3.

1 999 225 018

9 385 218

578 798 506

260 530 800

| 3.1. | Studies/development conducted by the SJU |
| --- | --- |

3.1.

Studies/development conducted by the SJU

233 225 708

9 044 262

66 250 000

15 830 000

| 3.2. | Studies/development conducted by Eurocontrol |
| --- | --- |

3.2.

Studies/development conducted by Eurocontrol

535 000 000

26 500 000

52 850 000

| 3.3. | Studies/development conducted by the members |
| --- | --- |

3.3.

Studies/development conducted by the members

1 230 999 310

340 956

486 048 506

191 850 800

TOTAL EXPENDITURE

2 100 000 000

14 118 296

588 261 586

269 204 799

BUDGET OUTTURN

256 030 073

STAFF ESTABLISHMENT PLAN 2010

| Budget 2010 | Total |
| --- | --- |
| SJU STAFF | GRADE | | Temp. Agent | Contr. Agent | Secondment | ENDS | |
| Executive Director | AD 14 | 1 | 1 | | | | 1 |
| Deputy Executive Director-Programme Director | | cancelled | | | | | 0 |
| Director, Administration and Finance | AD 12 | 1 | 1 | | | | 1 |
| Chief Architect | AD 12 | 1 | 1 | | | | 1 |
| Chief, Operational concept and validation | AD 12 | 1 | 1 | | | | 1 |
| Chief Regulatory Affairs | AD 12 | 1 | 1 | | | | 1 |
| Chief, Economics and Environment | AD 10 | 1 | 1 | | | | 1 |
| Chief, Communication and stakeholders relations | AD 11 | 1 | 1 | | | | 1 |
| Advisor to the Executive Director | AD 10 | 1 | 1 | | | | 1 |
| Advisor to the Executive Director | AD 10 | 1 | 1 | | | | 1 |
| Head Legal affairs and contracts | AD 8 | 1 | 1 | | | | 1 |
| Head Financial resources | AD 8 | 1 | 1 | | | | 1 |
| Hd ConOps S&D Sector | AD 8 | 1 | | | 1 | | 1 |
| Hd Validation/Verification S&D Sector | AD 8 | 1 | | | 1 | | 1 |
| Hd Airborne & CNS Systems Sector | AD 8 | 1 | 1 | | | | 1 |
| Hd Airport & Centre ATM Systems Sector | AD 8 | 1 | 1 | | | | 1 |
| Human resources Officer | AST 7 | 1 | 1 | | | | 1 |
| Legal & contract Adviser | AD 7 | 1 | 1 | | | | 1 |
| Finance and accounting Officer | AD 7 | 1 | 1 | | | | 1 |
| Environment Officer | AD 7 | 1 | 1 | | | | 1 |
| Project Controller/Auditor | AD 7 | 1 | 1 | | | | 1 |
| ConOps/Airport S&D Officer | AD 6 | 1 | 1 | | | | 1 |
| ConOps/Airspace User S&D Officer | AD 6 | 1 | 1 | | | | 1 |
| Avionics Systems Architect | AD 6 | 1 | 1 | | | | 1 |
| IT Systems Architect | AD 6 | 1 | 1 | | | | 1 |
| Communication Officer | AD 5 | 1 | 1 | | | | 1 |
| Economist | AD 5 | 1 | 1 | | | | 1 |
| Legal Officer | AD 5 | 1 | | 1 | | | 1 |
| Project Controller/Auditor | AD 5 | 1 | 1 | | | | 1 |
| Project Controller/Auditor | AD 5 | 1 | | | 1 | | 1 |
| Internal Auditor | AD 5 | 1 | | | 1 | | 1 |
| Project Manager | AD 5 | 1 | | 1 | | | 1 |
| Project Manager | AD 5 | 1 | | | 1 | | 1 |
| Project Manager | AD 5 | 1 | | | 1 | | 1 |
| Project Manager | AD 5 | 1 | 1 | | | | 1 |
| Accountant | AST 5 | 1 | 1 | | | | 1 |
| Executive Secretary | AST 3 | 1 | 1 | | | | 1 |
| Administrative Assistant | AST 3 | 1 | | 1 | | | 1 |
| Secretary — Programme Director | AST 1 | 1 | 1 | | | | 1 |
| Secretary — Administration & Finance Director | AST 1 | 1 | 1 | | | | 1 |
| Total | 39 | 30 | 3 | 6 | | 39 |
| END | | | | | | 0 |
| Chief Military Affairs | 1 | | | | 1 | 1 |
| Support to Regulatory Affairs | 1 | | | | 1 | 1 |
| Advisor Institutional Affairs | 1 | | | | 1 | 1 |
| Total | 3 | 0 | 0 | 0 | 3 | 3 |

Budget 2010

Total

SJU STAFF

GRADE

Temp. Agent

Contr. Agent

Secondment

ENDS

Executive Director

AD 14

1

1

1

Deputy Executive Director-Programme Director

cancelled

0

Director, Administration and Finance

AD 12

1

1

1

Chief Architect

AD 12

1

1

1

Chief, Operational concept and validation

AD 12

1

1

1

Chief Regulatory Affairs

AD 12

1

1

1

Chief, Economics and Environment

AD 10

1

1

1

Chief, Communication and stakeholders relations

AD 11

1

1

1

Advisor to the Executive Director

AD 10

1

1

1

Advisor to the Executive Director

AD 10

1

1

1

Head Legal affairs and contracts

AD 8

1

1

1

Head Financial resources

AD 8

1

1

1

Hd ConOps S&D Sector

AD 8

1

1

1

Hd Validation/Verification S&D Sector

AD 8

1

1

1

Hd Airborne & CNS Systems Sector

AD 8

1

1

1

Hd Airport & Centre ATM Systems Sector

AD 8

1

1

1

Human resources Officer

AST 7

1

1

1

Legal & contract Adviser

AD 7

1

1

1

Finance and accounting Officer

AD 7

1

1

1

Environment Officer

AD 7

1

1

1

Project Controller/Auditor

AD 7

1

1

1

ConOps/Airport S&D Officer

AD 6

1

1

1

ConOps/Airspace User S&D Officer

AD 6

1

1

1

Avionics Systems Architect

AD 6

1

1

1

IT Systems Architect

AD 6

1

1

1

Communication Officer

AD 5

1

1

1

Economist

AD 5

1

1

1

Legal Officer

AD 5

1

1

1

Project Controller/Auditor

AD 5

1

1

1

Project Controller/Auditor

AD 5

1

1

1

Internal Auditor

AD 5

1

1

1

Project Manager

AD 5

1

1

1

Project Manager

AD 5

1

1

1

Project Manager

AD 5

1

1

1

Project Manager

AD 5

1

1

1

Accountant

AST 5

1

1

1

Executive Secretary

AST 3

1

1

1

Administrative Assistant

AST 3

1

1

1

Secretary — Programme Director

AST 1

1

1

1

Secretary — Administration & Finance Director

AST 1

1

1

1

Total

39

30

3

6

39

END

0

Chief Military Affairs

1

1

1

Support to Regulatory Affairs

1

1

1

Advisor Institutional Affairs

1

1

1

Total

3

0

0

0

3

3

---

(1)  Subject to approval by the ADB.

(2)  Subject to approval by the ADB.

---

| 31.3.2010 | EN | Official Journal of the European Union | C 85/11 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/11

---

Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2010

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

2010/C 85/05

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basispoints has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basispoints to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 55, 5.3.2010, p. 7.

| From | To | AT | BE | BG | CY | CZ | DE | DK | EE | EL | ES | FI | FR | HU | IE | IT | LT | LU | LV | MT | NL | PL | PT | RO | SE | SI | SK | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1.4.2010 | ... | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 3,47 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 5,90 | 1,24 | 8,97 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.3.2010 | 31.3.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 4,73 | 1,24 | 1,24 | 1,24 | 1,24 | 7,03 | 1,24 | 1,24 | 7,17 | 1,24 | 11,76 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.1.2010 | 28.2.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 6,94 | 1,24 | 1,24 | 1,24 | 1,24 | 7,03 | 1,24 | 1,24 | 8,70 | 1,24 | 15,11 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |

From

To

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

1.4.2010

...

1,24

1,24

4,92

1,24

2,39

1,24

1,88

3,47

1,24

1,24

1,24

1,24

5,97

1,24

1,24

5,90

1,24

8,97

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

1.3.2010

31.3.2010

1,24

1,24

4,92

1,24

2,39

1,24

1,88

4,73

1,24

1,24

1,24

1,24

7,03

1,24

1,24

7,17

1,24

11,76

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

1.1.2010

28.2.2010

1,24

1,24

4,92

1,24

2,39

1,24

1,88

6,94

1,24

1,24

1,24

1,24

7,03

1,24

1,24

8,70

1,24

15,11

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

---

NOTICES FROM MEMBER STATES

| 31.3.2010 | EN | Official Journal of the European Union | C 85/12 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/12

---

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

2010/C 85/06

| Member State | Greece |
| --- | --- |
| Concerned route | Thessaloniki–Limnos–Ikaria |
| Date of entry into force of the public service obligations | From 1 September 2010 |
| Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained free of charge | Hellenic Civil Aviation Authority |
| Directorate General for Air Transport |
| Air Transport Division |
| Section II |
| Vas. Georgiou |
| 166 04 Elliniko |
| GREECE |
| Tel. +30 2108916149 / 2108916121 |
| Fax +30 2108947132 |
| Website: http://www.hcaa.gr |

Member State

Greece

Concerned route

Thessaloniki–Limnos–Ikaria

Date of entry into force of the public service obligations

From 1 September 2010

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained free of charge

Hellenic Civil Aviation Authority

Directorate General for Air Transport

Air Transport Division

Section II

Vas. Georgiou

166 04 Elliniko

GREECE

Tel. +30 2108916149 / 2108916121

Fax +30 2108947132

Website: http://www.hcaa.gr

---

| 31.3.2010 | EN | Official Journal of the European Union | C 85/13 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/13

---

Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

2010/C 85/07

| Member State | Greece |
| --- | --- |
| Concerned route | Thessaloniki–Limnos–Ikaria |
| Period of validity of the contract | September 1st 2010-August 31st 2014 |
| Deadline for submission of tenders | 61 days after the day of publication of the notice of PSOs |
| Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained free of charge | Hellenic Civil Aviation Authority |
| Directorate-General for Air Transport |
| Air Transport and International Affairs Division |
| Section II |
| Vas. Georgiou 1 |
| 166 04 Elliniko |
| GREECE |
| Tel. +30 2108916149 / 2108916121 |
| Fax +30 2108947132 |
| Website: http://www.hcaa.gr |

Member State

Greece

Concerned route

Thessaloniki–Limnos–Ikaria

Period of validity of the contract

September 1st 2010-August 31st 2014

Deadline for submission of tenders

61 days after the day of publication of the notice of PSOs

Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained free of charge

Hellenic Civil Aviation Authority

Directorate-General for Air Transport

Air Transport and International Affairs Division

Section II

Vas. Georgiou 1

166 04 Elliniko

GREECE

Tel. +30 2108916149 / 2108916121

Fax +30 2108947132

Website: http://www.hcaa.gr

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 31.3.2010 | EN | Official Journal of the European Union | C 85/14 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/14

---

CALL FOR PROPOSALS — EACEA/08/10

Under the Lifelong Learning Programme (LLP) — Leonardo da Vinci Programme

Award of grants to support national projects to test and develop the credit system for vocational education and training (ECVET)

2010/C 85/08

1.   Objectives and description

The purpose of this call for proposals is to award grants to proposals for the organisation of two types of action that must be combined into one project, namely:

| — | actions to set up or consolidate partnerships between competent institutions to establish an operational framework to develop tests on the European Credit System for Vocational Education and Training (ECVET), |
| --- | --- |

—

actions to set up or consolidate partnerships between competent institutions to establish an operational framework to develop tests on the European Credit System for Vocational Education and Training (ECVET),

| — | actions in the field of the European Credit System for Vocational Education and Training (ECVET), as set out in the technical specifications annexed to the Recommendation of the European Parliament and of the Council, in order to apply and implement it in concrete terms. |
| --- | --- |

—

actions in the field of the European Credit System for Vocational Education and Training (ECVET), as set out in the technical specifications annexed to the Recommendation of the European Parliament and of the Council, in order to apply and implement it in concrete terms.

The general objectives of the call for proposals are firmly and strictly aimed at the ECVET system being put into practice and the preparation of the measures required for its adoption by the Member States.

2.   Eligible applicants

This call for proposals is open to competent bodies, establishments, institutions or authorities that are directly responsible, or responsible through delegation by a supervisory body, for implementing the Recommendation on the establishment of a European Credit System for Vocational Education and Training (2009/C 155/02) (1) at the national, regional, local or sectoral level. This particularly applies to public and private institutions and authorities responsible for the design, administration and award of vocational qualifications.

In all cases, the applicant organisation and its partners must demonstrate that they have the institutional legitimacy to enter into commitments and act at a technical, operational and political level in the fields of vocational education and training and also vocational qualifications, and, more particularly, in the adoption, testing and development of the ECVET system, in accordance with the Recommendation of the European Parliament and the Council.

Applicants must be legal bodies which have been established for more than three years.

Funding requests may be submitted only by consortia comprising at least four bodies from at least four eligible countries.

Applicants, including all of their partner organisations, must be established in one of the following countries:

| — | the 27 Member States of the European Union, |
| --- | --- |

—

the 27 Member States of the European Union,

| — | the three countries belonging to EFTA and the EEA (Iceland, Liechtenstein and Norway), |
| --- | --- |

—

the three countries belonging to EFTA and the EEA (Iceland, Liechtenstein and Norway),

| — | Turkey. |
| --- | --- |

—

Turkey.

At least one of the countries represented in the partnership must be a Member State of the European Union.

Negotiations are taking place with Croatia, the former Yugoslav Republic of Macedonia and Switzerland with a view to their future participation in the Lifelong Learning Programme, which will depend on the outcome of these negotiations. Please consult the website of the Education, Audiovisual and Culture Executive Agency for updated lists of participating countries.

3.   Eligible activities

The establishment of partnerships and networks and the organisation of cooperation actions entail those activities normally found in the successive phases of preparation, implementation, evaluation and follow-up.

In this connection, the following activities may qualify for consideration under this call for proposals:

| — | establishment or consolidation of stable consortia or cooperative platforms made up of competent institutions, authorities and bodies (drawing up of joint work programmes, design of cooperative procedures, etc.), |
| --- | --- |

—

establishment or consolidation of stable consortia or cooperative platforms made up of competent institutions, authorities and bodies (drawing up of joint work programmes, design of cooperative procedures, etc.),

| — | mechanisms and research specifically dedicated to the application of the ECVET principles and technical specifications to vocational qualifications, |
| --- | --- |

—

mechanisms and research specifically dedicated to the application of the ECVET principles and technical specifications to vocational qualifications,

| — | organisation of seminars, meetings or workshops on ECVET mechanisms and implementation, |
| --- | --- |

—

organisation of seminars, meetings or workshops on ECVET mechanisms and implementation,

| — | design of innovative instruments, publications or websites focusing on the operational aspects of ECVET implementation and transnational cooperation in this field, |
| --- | --- |

—

design of innovative instruments, publications or websites focusing on the operational aspects of ECVET implementation and transnational cooperation in this field,

| — | attendance at the thematic workshops and a conference, |
| --- | --- |

—

attendance at the thematic workshops and a conference,

| — | follow-up activities (including dissemination activities, impact analyses, etc.) with a view to consolidating outcomes, sustaining durable partnerships and contributing to the modelling, promotion and transfer of outcomes. |
| --- | --- |

—

follow-up activities (including dissemination activities, impact analyses, etc.) with a view to consolidating outcomes, sustaining durable partnerships and contributing to the modelling, promotion and transfer of outcomes.

All the above activities must be part of a project that meets the requirements embodied in the objectives set out in the detailed guidelines of the call for proposals. Hence, proposals relating to one or more activities independent of an all-encompassing project will not be eligible as such.

The minimum duration of projects is 18 months, and the maximum duration is 36 months. Activities must begin in the period from 1 January 2011 to 31 March 2011.

4.   Award criteria

Eligible applications and projects will be assessed on the basis of the following criteria:

| — | relevance of content, especially the extent and scope of the proposal (30 %), |
| --- | --- |

—

relevance of content, especially the extent and scope of the proposal (30 %),

| — | quality of the practical methods, tools and approaches proposed for the design and implementation of lasting and operational cooperation between partners (20 %), |
| --- | --- |

—

quality of the practical methods, tools and approaches proposed for the design and implementation of lasting and operational cooperation between partners (20 %),

| — | quality of the partnership (20 %), |
| --- | --- |

—

quality of the partnership (20 %),

| — | quality of the work plan, accompanied by a project timetable and a valorisation plan (clarity and consistency between the objectives and proposed resources) (15 %), |
| --- | --- |

—

quality of the work plan, accompanied by a project timetable and a valorisation plan (clarity and consistency between the objectives and proposed resources) (15 %),

| — | clarity of the budget and its consistency with the work plan and the cost-benefit ratio (15 %). |
| --- | --- |

—

clarity of the budget and its consistency with the work plan and the cost-benefit ratio (15 %).

5.   Budget

The total budget allocated for the cofinancing of projects under this call for proposals is EUR 2 000 000.

The amount of the funding granted per project will be between EUR 50 000 and EUR 300 000.

The financial contribution of the Agency cannot exceed 75 % of total eligible costs.

The Agency reserves the right not to allocate all of the available funds.

6.   Submission deadline

The deadline for sending applications is 16 July 2010. Applications dispatched after that date will not be considered.

Applications are to be sent to the following address:

| Education, Audiovisual and Culture Executive Agency |
| --- |
| Lifelong Learning Programme, Leonardo da Vinci |
| Call for proposals EACEA/08/10 |
| Avenue du Bourget 1 |
| BOU2/02-145 |
| 1140 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Education, Audiovisual and Culture Executive Agency

Lifelong Learning Programme, Leonardo da Vinci

Call for proposals EACEA/08/10

Avenue du Bourget 1

BOU2/02-145

1140 Bruxelles/Brussel

BELGIQUE/BELGIË

Applications will not be accepted unless they are submitted on the appropriate form, which must be duly completed (parts 1, 2 and 3 of the application package), are dated and show a balanced budget (revenue/expenditure), complete with the required annexes, including documentary evidence of the applicant’s operational and financial capacity, which are to be submitted in four copies (one original clearly identified as such and three certified copies) and be signed by the person authorised to commit the applicant body legally.

In addition to the paper version, an electronic version of the application package (application form, financial tables and declaration on honour) without the annexes must be sent before the above-mentioned deadline to the following e-mail address: EACEA-ECVET@ec.europa.eu

Applications sent by fax or by electronic mail only will not be considered.

7.   Full information

Detailed guidelines for applicants and application forms can be found on the following web page:

http://eacea.ec.europa.eu/llp/funding/2010/call_ecvet_en.php

Applications must be submitted with the aid of the prescribed form and must contain all the required annexes and information.

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(1)  http://ec.europa.eu/education/lifelong-learning-policy/doc50_en.htm

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| 31.3.2010 | EN | Official Journal of the European Union | C 85/17 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/17

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CALL FOR PROPOSALS — EACEA/09/10

Under the Lifelong Learning Programme (LLP) — Leonardo da Vinci Programme

Award of grants to support national projects for the development of a national approach to improve the quality assurance of vocational education and training (VET) systems by promoting and developing the use of the European Quality Assurance Reference Framework in vocational education and training

2010/C 85/09

1.   Objectives and description

The purpose of this call for proposals is to award grants to bodies responsible for the implementation of a national strategy for improving quality-assurance systems and for promoting and developing the European Quality Assurance Reference Framework in order to help these bodies in their task and in promoting the development of a quality culture among stakeholders in the field of vocational education and training.

In particular, ‘bodies responsible for the implementation of a national strategy for improving quality-assurance systems and for promoting and developing the European Quality Assurance Reference Framework’ refers to the national reference points. The aim is to assist these reference points in bringing together the competent bodies in the field and in involving the representative bodies of management and labour and all national and regional stakeholders in order to ensure that the adopted initiatives are followed up.

The aim of the call for proposals is to award grants for activities designed to promote and develop the reference framework. Each proposal will comprise two types of activity, which must be combined, namely:

| — | development and coordination of specific projects testing and/or promoting the use of the European Quality Assurance Reference Framework within and between countries and targeting improvements in the quality of systems and the delivery of training, |
| --- | --- |

—

development and coordination of specific projects testing and/or promoting the use of the European Quality Assurance Reference Framework within and between countries and targeting improvements in the quality of systems and the delivery of training,

| — | development, at various levels, of bodies responsible for shaping policy and for the practical implementation of quality-assurance initiatives in the field of VET as well as formation of networks of such bodies. |
| --- | --- |

—

development, at various levels, of bodies responsible for shaping policy and for the practical implementation of quality-assurance initiatives in the field of VET as well as formation of networks of such bodies.

2.   Eligible applicants

The following may respond to this call for proposals:

| — | the bodies, establishments, institutions or competent public authorities responsible directly, or on behalf of a supervisory authority, for implementing the Recommendation on the establishment of a European Quality Assurance Reference Framework for VET (2009/C 155/01), and in particular the national reference points and the institutions to which they are attached, |
| --- | --- |

—

the bodies, establishments, institutions or competent public authorities responsible directly, or on behalf of a supervisory authority, for implementing the Recommendation on the establishment of a European Quality Assurance Reference Framework for VET (2009/C 155/01), and in particular the national reference points and the institutions to which they are attached,

| — | the authorities responsible for the quality control of VET (ministries, inspectorates, agencies, etc.), where they are involved in implementing the reference framework. |
| --- | --- |

—

the authorities responsible for the quality control of VET (ministries, inspectorates, agencies, etc.), where they are involved in implementing the reference framework.

In all cases, both the applicant organisation and its partners must produce evidence that they have the institutional legitimacy to enter into commitments and to act on technical, political and operational levels in the fields of vocational education and training, particularly as regards quality assurance, and, more specifically, in the testing, development and implementation of the reference framework, in accordance with the Recommendation of the European Parliament and of the Council.

Funding requests may be submitted only by consortia comprising at least four bodies from at least four eligible countries.

Applicants, including all of their partner organisations, must be established in one of the following countries:

| — | the 27 Member States of the European Union, |
| --- | --- |

—

the 27 Member States of the European Union,

| — | the three countries belonging to EFTA and the EEA (Iceland, Liechtenstein and Norway), |
| --- | --- |

—

the three countries belonging to EFTA and the EEA (Iceland, Liechtenstein and Norway),

| — | Turkey. |
| --- | --- |

—

Turkey.

At least one of the countries represented in the partnership must be a Member State of the European Union.

Negotiations are taking place with Croatia, the former Yugoslav Republic of Macedonia and Switzerland with a view to their future participation in the Lifelong Learning Programme, which will depend on the outcome of these negotiations. Please consult the website of the Education, Audiovisual and Culture Executive Agency for updated lists of participating countries.

3.   Eligible activities

The following activities are eligible for funding under this call for proposals:

| — | development of guidelines for vocational education and training systems, particularly certification systems designed to guarantee the quality of the various processes, |
| --- | --- |

—

development of guidelines for vocational education and training systems, particularly certification systems designed to guarantee the quality of the various processes,

| — | devising of tools and instruments for implementing the quality-assurance reference framework applying to the various stakeholders (training providers, particularly in the field of initial vocational training), |
| --- | --- |

—

devising of tools and instruments for implementing the quality-assurance reference framework applying to the various stakeholders (training providers, particularly in the field of initial vocational training),

| — | activities, such as national or regional conferences, seminars and workshops, designed to raise awareness of quality assurance in VET and in particular of the reference framework, within the scope of a studied and well-thought-out communication strategy that will be presented as part of the project, the aim being to promote the development of a quality culture among stakeholders in the field of vocational education and training, |
| --- | --- |

—

activities, such as national or regional conferences, seminars and workshops, designed to raise awareness of quality assurance in VET and in particular of the reference framework, within the scope of a studied and well-thought-out communication strategy that will be presented as part of the project, the aim being to promote the development of a quality culture among stakeholders in the field of vocational education and training,

| — | studies into the implementation at national level of one or more of the indicators in Annex II to the Recommendation on the establishment of a European Quality Assurance Reference Framework for VET, in close coordination with the work performed at European level within the European Network for Quality Assurance in Vocational Education and Training (ENQA-VET), |
| --- | --- |

—

studies into the implementation at national level of one or more of the indicators in Annex II to the Recommendation on the establishment of a European Quality Assurance Reference Framework for VET, in close coordination with the work performed at European level within the European Network for Quality Assurance in Vocational Education and Training (ENQA-VET),

| — | dissemination of reference tools and materials that already exist or are yet to be developed (self-assessment guides, guide to implementing a quality-based approach, etc.), |
| --- | --- |

—

dissemination of reference tools and materials that already exist or are yet to be developed (self-assessment guides, guide to implementing a quality-based approach, etc.),

| — | organisation of seminars or workshops on the mechanisms and implementation of the reference framework in order to ensure the development of a quality culture and in particular the appropriation of the reference framework, |
| --- | --- |

—

organisation of seminars or workshops on the mechanisms and implementation of the reference framework in order to ensure the development of a quality culture and in particular the appropriation of the reference framework,

| — | review, testing and transfer of innovative tools and practices in the area of quality assurance in vocational education and training and in particular tools designed within ENQA-VET, |
| --- | --- |

—

review, testing and transfer of innovative tools and practices in the area of quality assurance in vocational education and training and in particular tools designed within ENQA-VET,

| — | establishment or reinforcement of stable consortia or cooperation platforms involving institutions, authorities and competent bodies (compiling joint work programmes, devising cooperation procedures, etc.). |
| --- | --- |

—

establishment or reinforcement of stable consortia or cooperation platforms involving institutions, authorities and competent bodies (compiling joint work programmes, devising cooperation procedures, etc.).

The minimum duration of projects is 18 months, and the maximum duration is 36 months. Activities must begin in the period from 1 January 2011 to 31 March 2011.

4.   Award criteria

Eligible applications and projects will be assessed on the basis of the following criteria:

| | Criterion 1: Relevance
  Relevance of content and planned outcome, including impact on and diversity of stakeholders involved, as compared to the objectives of the call and follow-up provided, as well as consistency with the specifications on the reference framework for quality assurance contained in the Recommendation of the European Parliament and of the Council (30 %). |
| --- | --- |

Criterion 1: Relevance

Relevance of content and planned outcome, including impact on and diversity of stakeholders involved, as compared to the objectives of the call and follow-up provided, as well as consistency with the specifications on the reference framework for quality assurance contained in the Recommendation of the European Parliament and of the Council (30 %).

| | Criterion 2: Quality of methodology
  Quality of methods, tools and practical approaches proposed to develop practical projects, including, if required, reference to earlier work and studies done in the field of quality assurance, the European level and analysis of the aptitude to transfer and develop outcomes (30 %). |
| --- | --- |

Criterion 2: Quality of methodology

Quality of methods, tools and practical approaches proposed to develop practical projects, including, if required, reference to earlier work and studies done in the field of quality assurance, the European level and analysis of the aptitude to transfer and develop outcomes (30 %).

| | Criterion 3: Quality of work programme
  Quality of work programme, project timetable and assessment plan (clarity of objectives and compatibility with means proposed) (10 %). |
| --- | --- |

Criterion 3: Quality of work programme

Quality of work programme, project timetable and assessment plan (clarity of objectives and compatibility with means proposed) (10 %).

| | Criterion 4: Budget
  Clarity of budget and its compatibility with the work plan and cost-benefit ratio (10 %). |
| --- | --- |

Criterion 4: Budget

Clarity of budget and its compatibility with the work plan and cost-benefit ratio (10 %).

| | Criterion 5: Partnership
  Number, profiles, quality, legitimacy and commitment level of partners (10 %). |
| --- | --- |

Criterion 5: Partnership

Number, profiles, quality, legitimacy and commitment level of partners (10 %).

| | Criterion 6: Interaction
  Work methods proposed between partners and the effective interaction among partnership members in achieving the objectives mentioned above (10 %). |
| --- | --- |

Criterion 6: Interaction

Work methods proposed between partners and the effective interaction among partnership members in achieving the objectives mentioned above (10 %).

5.   Budget

The total estimated budget allocated to the part-funding of projects will amount to EUR 1 200 000.

The amount of the funding granted per project will be between EUR 50 000 and EUR 200 000 per project.

The financial contribution of the Agency cannot exceed 75 % of total eligible costs.

The Agency reserves the right to refrain from allocating all of its available funds.

6.   Submission deadline

The deadline for sending applications is 16 July 2010. Forms dispatched after that date will not be considered.

Applications are to be sent to the following address:

| Education, Audiovisual and Culture Executive Agency |
| --- |
| Lifelong Learning Programme, Leonardo da Vinci |
| Call for proposals EACEA/09/10 |
| Avenue du Bourget 1 |
| BOU2 2/145 |
| 1140 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Education, Audiovisual and Culture Executive Agency

Lifelong Learning Programme, Leonardo da Vinci

Call for proposals EACEA/09/10

Avenue du Bourget 1

BOU2 2/145

1140 Bruxelles/Brussel

BELGIQUE/BELGIË

Applications will not be accepted unless they are submitted on the appropriate form, which must be duly completed (parts 1, 2 and 3 of the application package), are dated and show a balanced budget (revenue/expenditure), complete with the required annexes, including documentary evidence of the applicant’s operational and financial capacity, which are to be submitted in four copies (one original clearly identified as such and three certified copies) and be signed by the person authorised to commit the applicant body legally.

In addition to the paper version, an electronic version of the application package (application form, financial tables and declaration on honour) without the annexes must be sent before the above-mentioned deadline to the following e-mail address: EACEA-leonardo-da-vinci@ec.europa.eu

Applications sent by fax or by electronic mail only will not be considered.

7.   Full information

Detailed guidelines for applicants and application forms can be found on the following web page:

http://eacea.ec.europa.eu/llp/funding/2010/call_eqavet_en.php

Applications must be submitted with the aid of the prescribed form and must contain all the required annexes and information.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 31.3.2010 | EN | Official Journal of the European Union | C 85/21 |
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31.3.2010

EN

Official Journal of the European Union

C 85/21

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STATE AID — GERMANY — AUSTRIA

State aid C 16/09 (ex N 254/09) and N 698/09 — BayernLB, Germany, and Hypo Group Alpe Adria, Austria

Invitation to submit comments pursuant to Article 108(2) TFEU

(Text with EEA relevance)

2010/C 85/10

By means of the letter dated 23 December 2009 reproduced in the authentic language on the pages following this summary, the Commission notified Austria and Germany of its decision to initiate the procedure laid down in Article 108(2) TFEU concerning the above mentioned aid.

The Commission decided not to raise any objections on a temporary basis to the aid, as described in the letter following this summary.

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

| European Commission |
| --- |
| Directorate-General for Competition |
| State Aid Greffe |
| Rue de la Loi/Wetstraat 200 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIЁ |
| Fax +32 22961242 |

European Commission

Directorate-General for Competition

State Aid Greffe

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIЁ

Fax +32 22961242

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

I.   PROCEDURE

| (1) | On 12 May 2009 (Case C 16/09) the Commission raised doubts on the restructuring aid (a capital injection of EUR 10 billion and some asset relief measures) to BayernLB regarding its compatibility with Article 107(3)(b) TFEU. In the same vein, the Commission raised doubts whether Hypo Group Alpe Adria (HGAA), a subsidiary of BayernLB, that had also received aid from Austria, is fundamentally sound and its restructuring aid is compatible with Article 107(3)(b) TFEU. |
| --- | --- |

(1)

On 12 May 2009 (Case C 16/09) the Commission raised doubts on the restructuring aid (a capital injection of EUR 10 billion and some asset relief measures) to BayernLB regarding its compatibility with Article 107(3)(b) TFEU. In the same vein, the Commission raised doubts whether Hypo Group Alpe Adria (HGAA), a subsidiary of BayernLB, that had also received aid from Austria, is fundamentally sound and its restructuring aid is compatible with Article 107(3)(b) TFEU.

| (2) | On 18 December 2009, Austria notified additional aid for HGAA in order for the bank to maintain the minimum regulatory capital requirements by year-end. |
| --- | --- |

(2)

On 18 December 2009, Austria notified additional aid for HGAA in order for the bank to maintain the minimum regulatory capital requirements by year-end.

II.   FACTS

| (3) | In the autumn of 2009, an expert assessment established that HGAA would require further write-downs which would reduce the capital ratio of the bank to a Tier 1 capital ratio to below 4 % by the end of 2009 which is less than the regulatory required minimum. Notwithstanding this, the owners were not ready to inject the necessary capital into the bank. Therefore, the Austrian financial market supervisory authority issued an ultimatum to the owners to take the necessary decisions for a recapitalisation of HGAA by 11 December 2009; otherwise the bank would face supervisory action. |
| --- | --- |

(3)

In the autumn of 2009, an expert assessment established that HGAA would require further write-downs which would reduce the capital ratio of the bank to a Tier 1 capital ratio to below 4 % by the end of 2009 which is less than the regulatory required minimum. Notwithstanding this, the owners were not ready to inject the necessary capital into the bank. Therefore, the Austrian financial market supervisory authority issued an ultimatum to the owners to take the necessary decisions for a recapitalisation of HGAA by 11 December 2009; otherwise the bank would face supervisory action.

| (4) | On 14 December 2009, an agreement was reached that Austria would acquire all shares of HGAA against a symbolic price of EUR 1 from each owner. In addition, Austria and the owners decided to strengthen the bank's Tier 1 capital basis by capital injections, asset guarantees and waiving existing rights deriving from Tier 2 instruments and funding (Austria EUR 450 million, Carinthia EUR 200 million and BayernLB EUR 825 million) and to provide several forms of liquidity to the bank. Austria requests temporary approval of the measures for six months. |
| --- | --- |

(4)

On 14 December 2009, an agreement was reached that Austria would acquire all shares of HGAA against a symbolic price of EUR 1 from each owner. In addition, Austria and the owners decided to strengthen the bank's Tier 1 capital basis by capital injections, asset guarantees and waiving existing rights deriving from Tier 2 instruments and funding (Austria EUR 450 million, Carinthia EUR 200 million and BayernLB EUR 825 million) and to provide several forms of liquidity to the bank. Austria requests temporary approval of the measures for six months.

| (5) | Despite the transfer of its stake in HGAA, BayernLB will continue to provide funding to HGAA in the amount of EUR (1). |
| --- | --- |

(5)

Despite the transfer of its stake in HGAA, BayernLB will continue to provide funding to HGAA in the amount of EUR (1).

III.   ASSESSMENT

| (6) | The measures are temporarily compatible aid under Article 107(3)(b) TFEU because they comply with the Austria emergency bank support scheme (apart from the measures provided by Carinthia) and are in any event required in order to prevent the insolvency of a systemically relevant bank, as confirmed by the Austrian Central Bank. Therefore, the measures should be temporarily allowed until a final Commission decision on the restructuring of HGAA and BayernLB has been reached, but not longer than six months. |
| --- | --- |

(6)

The measures are temporarily compatible aid under Article 107(3)(b) TFEU because they comply with the Austria emergency bank support scheme (apart from the measures provided by Carinthia) and are in any event required in order to prevent the insolvency of a systemically relevant bank, as confirmed by the Austrian Central Bank. Therefore, the measures should be temporarily allowed until a final Commission decision on the restructuring of HGAA and BayernLB has been reached, but not longer than six months.

| (7) | In addition, the Commission has decided to extend the proceedings laid down in Article 108(2) TFEU with respect to the above aid measures in favour of HGAA and BayernLB. The Commission has doubts amongst other that the banks will be able to restore their viability, that sufficient burden sharing is ensured and that adequate measures for limiting market distortions are taken. |
| --- | --- |

(7)

In addition, the Commission has decided to extend the proceedings laid down in Article 108(2) TFEU with respect to the above aid measures in favour of HGAA and BayernLB. The Commission has doubts amongst other that the banks will be able to restore their viability, that sufficient burden sharing is ensured and that adequate measures for limiting market distortions are taken.

TEXT OF LETTER

‘The Commission wishes to inform Germany and Austria that, having examined the information supplied by the Austrian authorities on the additional aid measures in the form of a capital injection and guarantees to the benefit of Hypo Group Alpe Adria (HGAA), it has decided to extend the proceedings laid down in Article 108(2) of the Treaty on the Functioning of the European Union (2) (TFEU) which were opened by Decision C(2009) 3811 final on 12 May 2009, and has decided to temporarily find those additional aid measures compatible with the internal market until the submission of a credible restructuring plan and its assessment by the Commission but at most for a period of six months.

1.   PROCEDURE

| (1) | On 18 December 2008, the European Commission authorised in case N 615/08 emergency State aid from Germany to BayernLB from 18 December 2008 in form of a risk shield of EUR 4,8 billion and a capital injection of EUR 10 billion on the basis of Article 107(3)(b) TFEU for a period of six months or until the submission of a credible and substantiated restructuring plan for the bank (3). |
| --- | --- |

(1)

On 18 December 2008, the European Commission authorised in case N 615/08 emergency State aid from Germany to BayernLB from 18 December 2008 in form of a risk shield of EUR 4,8 billion and a capital injection of EUR 10 billion on the basis of Article 107(3)(b) TFEU for a period of six months or until the submission of a credible and substantiated restructuring plan for the bank (3).

| (2) | Furthermore, BayernLB received a liquidity guarantee line of EUR 15 billion from Germany for liquidity loans on the basis of the German emergency bank support scheme in December 2008, of which EUR 5 billion were drawn for an issue in January 2009 while the remaining EUR 10 billion were given back unused to the guarantor Germany in October 2009. |
| --- | --- |

(2)

Furthermore, BayernLB received a liquidity guarantee line of EUR 15 billion from Germany for liquidity loans on the basis of the German emergency bank support scheme in December 2008, of which EUR 5 billion were drawn for an issue in January 2009 while the remaining EUR 10 billion were given back unused to the guarantor Germany in October 2009.

| (3) | In December 2008, BayernLB's subsidiary HGAA received EUR 700 million from BayernLB following large write-downs and losses and EUR 900 million in Tier 1 Partizipationskapital
   (4) from the Republic of Austria on the basis of the Austrian emergency bank support scheme (5). |
| --- | --- |

(3)

In December 2008, BayernLB's subsidiary HGAA received EUR 700 million from BayernLB following large write-downs and losses and EUR 900 million in Tier 1 Partizipationskapital
   (4) from the Republic of Austria on the basis of the Austrian emergency bank support scheme (5).

| (4) | HGAA has also received guarantees of EUR 1,35 billion for bond issues under a debt issuance programme on the basis of the Austrian emergency bank support scheme. |
| --- | --- |

(4)

HGAA has also received guarantees of EUR 1,35 billion for bond issues under a debt issuance programme on the basis of the Austrian emergency bank support scheme.

| (5) | On 29 April 2009, Germany notified a restructuring plan for BayernLB (including HGAA) to the Commission. At the same date, Austria provided a viability plan for HGAA (6). |
| --- | --- |

(5)

On 29 April 2009, Germany notified a restructuring plan for BayernLB (including HGAA) to the Commission. At the same date, Austria provided a viability plan for HGAA (6).

| (6) | In its Decision C(2009) 3811 final adopted on 12 May 2009 (case N 254/09) the Commission raised doubts on the restructuring aid to BayernLB and whether the restructuring plan was apt to restore the viability of BayernLB. In the same decision, the Commission raised doubts whether HGAA was fundamentally sound and it expressed doubts on the compatibility with Article 107(3)(b) of the aid given to HGAA by Austria. |
| --- | --- |

(6)

In its Decision C(2009) 3811 final adopted on 12 May 2009 (case N 254/09) the Commission raised doubts on the restructuring aid to BayernLB and whether the restructuring plan was apt to restore the viability of BayernLB. In the same decision, the Commission raised doubts whether HGAA was fundamentally sound and it expressed doubts on the compatibility with Article 107(3)(b) of the aid given to HGAA by Austria.

| (7) | Between May and December 2009, a number of meetings and telephone conferences took place between representatives of the Commission, the German and the Austrian authorities and the banks. The additional measures which are subject to this Decision were notified on 18 December 2009. |
| --- | --- |

(7)

Between May and December 2009, a number of meetings and telephone conferences took place between representatives of the Commission, the German and the Austrian authorities and the banks. The additional measures which are subject to this Decision were notified on 18 December 2009.

| (8) | Given the urgency to obtain a Commission decision on these measures, both Germany and Austria have exceptionally agreed that the authentic language for this decision should be English. |
| --- | --- |

(8)

Given the urgency to obtain a Commission decision on these measures, both Germany and Austria have exceptionally agreed that the authentic language for this decision should be English.

2.   DESCRIPTION

2.1.   The beneficiaries

BayernLB

| (9) | BayernLB is a German Landesbank with its headquarters in Munich. It is — indirectly through the holding company BayernLB Holding AG — owned by the Free State of Bavaria (approx. 94 %) and the Association of the Bavarian Savings Banks (approx. 6 %). In 2008, the group had a consolidated balance sheet total of EUR 422 billion. This consolidated balance sheet includes HGAA. On this consolidated basis, BayernLB realised losses amounting to EUR 5 billion in 2008 compared to a profit of EUR 92 million in 2007. BayernLB has around 19 000 employees. |
| --- | --- |

(9)

BayernLB is a German Landesbank with its headquarters in Munich. It is — indirectly through the holding company BayernLB Holding AG — owned by the Free State of Bavaria (approx. 94 %) and the Association of the Bavarian Savings Banks (approx. 6 %). In 2008, the group had a consolidated balance sheet total of EUR 422 billion. This consolidated balance sheet includes HGAA. On this consolidated basis, BayernLB realised losses amounting to EUR 5 billion in 2008 compared to a profit of EUR 92 million in 2007. BayernLB has around 19 000 employees.

| (10) | For BayernLB, HGAA has currently a book value of EUR 2,3 billion. BayernLB has EUR [...] (7) of capital in HGAA. It is currently providing liquidity amounting to EUR [3-5 billion] to HGAA. |
| --- | --- |

(10)

For BayernLB, HGAA has currently a book value of EUR 2,3 billion. BayernLB has EUR [...] (7) of capital in HGAA. It is currently providing liquidity amounting to EUR [3-5 billion] to HGAA.

| (11) | BayernLB is an international commercial bank with a regional focus in Germany and selected European countries. BayernLB is active in Austria and Central and Eastern Europe via HGAA. |
| --- | --- |

(11)

BayernLB is an international commercial bank with a regional focus in Germany and selected European countries. BayernLB is active in Austria and Central and Eastern Europe via HGAA.

| (12) | BayernLB provides banking services for retail banking (Privatkundengeschäft), corporate clients (Firmenkundengeschäft), money markets and securities (Geldmarkt- und Wertpapiergeschäft) as well as other financial services such as leasing. |
| --- | --- |

(12)

BayernLB provides banking services for retail banking (Privatkundengeschäft), corporate clients (Firmenkundengeschäft), money markets and securities (Geldmarkt- und Wertpapiergeschäft) as well as other financial services such as leasing.

Hypo Group Alpe Adria

| (13) | HGAA is an international finance group with a balance sheet total of EUR 43 billion and risk weighted assets of EUR 32,8 billion as of 31 December 2008. Currently, HGAA has 8 100 employees. In banking, the bank offers loans, payment services, export credit documentation and deposits as well as the sale of investment products and asset management services. As regards leasing, the group concentrates on cars, real estate, planes and ships. |
| --- | --- |

(13)

HGAA is an international finance group with a balance sheet total of EUR 43 billion and risk weighted assets of EUR 32,8 billion as of 31 December 2008. Currently, HGAA has 8 100 employees. In banking, the bank offers loans, payment services, export credit documentation and deposits as well as the sale of investment products and asset management services. As regards leasing, the group concentrates on cars, real estate, planes and ships.

| (14) | HGAA is active in a total of 12 countries (Austria, Italy, Slovenia, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Germany, Lichtenstein (activity in liquidation), Hungary, Bulgaria, the former Yugoslav Republic of Macedonia and Ukraine). The bank has substantial market shares in the south-eastern European countries where it is active: Slovenia [< 5 %], Croatia [> 8 %], Bosnia and Herzegovina [> 10 %], Serbia [< 7 %], and Montenegro [> 10 %]. |
| --- | --- |

(14)

HGAA is active in a total of 12 countries (Austria, Italy, Slovenia, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Germany, Lichtenstein (activity in liquidation), Hungary, Bulgaria, the former Yugoslav Republic of Macedonia and Ukraine). The bank has substantial market shares in the south-eastern European countries where it is active: Slovenia [< 5 %], Croatia [> 8 %], Bosnia and Herzegovina [> 10 %], Serbia [< 7 %], and Montenegro [> 10 %].

| (15) | The holding company of the HGAA group is the Hypo Alpe-Adria-Bank International AG (HAABInt.), located in Klagenfurt (Austria). At present, BayernLB owns 67,08 % of the group. The other shareholders are: GRAWE-Gruppe (Grazer Wechselseitige Versicherung AG) with 20,48 % (8), and the Kärntner Landesholding controlled by the Land Carinthia, with 12,42 %. A further 0,02 % of the group is owned by employees (Hypo Alpe Adria Mitarbeiter Privatstiftung, Klagenfurt). |
| --- | --- |

(15)

The holding company of the HGAA group is the Hypo Alpe-Adria-Bank International AG (HAABInt.), located in Klagenfurt (Austria). At present, BayernLB owns 67,08 % of the group. The other shareholders are: GRAWE-Gruppe (Grazer Wechselseitige Versicherung AG) with 20,48 % (8), and the Kärntner Landesholding controlled by the Land Carinthia, with 12,42 %. A further 0,02 % of the group is owned by employees (Hypo Alpe Adria Mitarbeiter Privatstiftung, Klagenfurt).

2.2.   The events leading to the granting of the additional aid measures

| (16) | In recent years, HGAA pursued a growth strategy, in particular aimed at taking advantage of the rapidly growing markets in south-eastern Europe. In the past decade, HGAA entered Bosnia and Herzegovina, Serbia, Montenegro, Bulgaria, the former Yugoslav Republic of Macedonia and Ukraine. In addition to those markets, the group also entered Hungary and Germany during that period. |
| --- | --- |

(16)

In recent years, HGAA pursued a growth strategy, in particular aimed at taking advantage of the rapidly growing markets in south-eastern Europe. In the past decade, HGAA entered Bosnia and Herzegovina, Serbia, Montenegro, Bulgaria, the former Yugoslav Republic of Macedonia and Ukraine. In addition to those markets, the group also entered Hungary and Germany during that period.

| (17) | The expansion strategy of the bank has also been made possible by the liability guarantees of the Land Carinthia amounting to EUR 19 billion which has enabled the bank to borrow money at highly favourable conditions. |
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(17)

The expansion strategy of the bank has also been made possible by the liability guarantees of the Land Carinthia amounting to EUR 19 billion which has enabled the bank to borrow money at highly favourable conditions.

| (18) | In the current crisis, the economic conditions of the countries where the bank is operating have deteriorated significantly. In particular, the economies of south-eastern Europe have tumbled from a prolonged period of strong economic growth into significant declines of real GDP. |
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(18)

In the current crisis, the economic conditions of the countries where the bank is operating have deteriorated significantly. In particular, the economies of south-eastern Europe have tumbled from a prolonged period of strong economic growth into significant declines of real GDP.

| (19) | These developments affected the credit worthiness of borrowers and the quality of the loan portfolio. In June 2009, the share of loans classified as non-performing amounted to [...], up from [...] one year earlier. However, the losses and increasing share of non-performing loans for HGAA were also to a significant extent caused by a lack of control mechanisms [...]. |
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(19)

These developments affected the credit worthiness of borrowers and the quality of the loan portfolio. In June 2009, the share of loans classified as non-performing amounted to [...], up from [...] one year earlier. However, the losses and increasing share of non-performing loans for HGAA were also to a significant extent caused by a lack of control mechanisms [...].

| (20) | In that context, BayernLB and HGAA commissioned a report on the credit risk of HGAA from outside experts (PriceWaterhouseCoopers). The report, which is dated from 13 November 2009, was based on a review conducted between 1 August 2009 and 6 November 2009 and takes into account information provided by HGAA. The analysis covered a wide range of loans and assets (including 52 ownership participation stakes), but excluding other assets such as loans for employees. |
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(20)

In that context, BayernLB and HGAA commissioned a report on the credit risk of HGAA from outside experts (PriceWaterhouseCoopers). The report, which is dated from 13 November 2009, was based on a review conducted between 1 August 2009 and 6 November 2009 and takes into account information provided by HGAA. The analysis covered a wide range of loans and assets (including 52 ownership participation stakes), but excluding other assets such as loans for employees.

| (21) | The report found among others significant problems regarding (i) the way HGAA monitors the credit process, (ii) the valuation of the available collateral ([...]). After further explanations, the experts accepted [...]. |
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(21)

The report found among others significant problems regarding (i) the way HGAA monitors the credit process, (ii) the valuation of the available collateral ([...]). After further explanations, the experts accepted [...].

| (22) | On that basis, two scenarios drawn up, of which Scenario I is described as “rather optimistic” and Scenario II as “rather cautious”. No stress or worst-case scenario is assumed in either. [...] |
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(22)

On that basis, two scenarios drawn up, of which Scenario I is described as “rather optimistic” and Scenario II as “rather cautious”. No stress or worst-case scenario is assumed in either. [...]

| (23) | In sum, therefore, the report concludes that an additional EUR [...] will be needed in terms of additional potential write-downs. |
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(23)

In sum, therefore, the report concludes that an additional EUR [...] will be needed in terms of additional potential write-downs.

| (24) | In addition to other further write-downs, the total additional requirements for write-downs for HGAA amount to between EUR [...] in 2009. |
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(24)

In addition to other further write-downs, the total additional requirements for write-downs for HGAA amount to between EUR [...] in 2009.

| (25) | Based on the report, the expected losses would reduce the capital ratio of the bank to a Tier 1 capital ratio of below 4 % by the end of 2009 which is less than the regulatory required minimum. Initially, the current owners were not ready to inject the necessary capital into the bank. |
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(25)

Based on the report, the expected losses would reduce the capital ratio of the bank to a Tier 1 capital ratio of below 4 % by the end of 2009 which is less than the regulatory required minimum. Initially, the current owners were not ready to inject the necessary capital into the bank.

| (26) | The Austrian financial market supervisory authority issued an ultimatum to the owners to take the necessary decisions for a recapitalisation of HGAA by 11 December 2009; otherwise the bank would face supervisory action. |
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(26)

The Austrian financial market supervisory authority issued an ultimatum to the owners to take the necessary decisions for a recapitalisation of HGAA by 11 December 2009; otherwise the bank would face supervisory action.

2.3.   The additional measures

| (27) | After intense negotiations between the owners and Austria, the following was agreed upon in a term sheet dated 14 December 2009. Austria notified this measure on 18 December 2009. |
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(27)

After intense negotiations between the owners and Austria, the following was agreed upon in a term sheet dated 14 December 2009. Austria notified this measure on 18 December 2009.

| (28) | The ownership of HGAA will change as Austria will acquire all shares by contract for the symbolic price of EUR 1 from each of the owners. This measure will be based on the Austrian law for remedying a serious disturbance in Austria's economy Finanzmarktstabilitätsgesetz (FinStaG) (9). As a result, the bank would be nationalised and 100 % owned by Austria. |
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(28)

The ownership of HGAA will change as Austria will acquire all shares by contract for the symbolic price of EUR 1 from each of the owners. This measure will be based on the Austrian law for remedying a serious disturbance in Austria's economy Finanzmarktstabilitätsgesetz (FinStaG) (9). As a result, the bank would be nationalised and 100 % owned by Austria.

| (29) | By 31 December 2009, as a matter of immediate support to ensure that HGAA fulfils the minimum regulatory requirements, BayernLB will renounce on all its rights deriving from already existing EUR 300 million Ergänzungskapital (Tier 2). By the same date and for the same reasons, Austria will grant temporarily to HGAA asset guarantees of an amount of up to EUR 100 million on the conditions for distressed banks under the Austrian emergency bank support scheme. If more capital measures are needed to fulfil the regulatory minimum capital requirements any further capital injection will be split between BayernLB and Austria [...]. |
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(29)

By 31 December 2009, as a matter of immediate support to ensure that HGAA fulfils the minimum regulatory requirements, BayernLB will renounce on all its rights deriving from already existing EUR 300 million Ergänzungskapital (Tier 2). By the same date and for the same reasons, Austria will grant temporarily to HGAA asset guarantees of an amount of up to EUR 100 million on the conditions for distressed banks under the Austrian emergency bank support scheme. If more capital measures are needed to fulfil the regulatory minimum capital requirements any further capital injection will be split between BayernLB and Austria [...].

| (30) | A number of measures are to be undertaken with the aim of increasing the capital of HGAA and achieving a Tier 1 capital ratio of 8 % by 30 June 2010. |
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(30)

A number of measures are to be undertaken with the aim of increasing the capital of HGAA and achieving a Tier 1 capital ratio of 8 % by 30 June 2010.

| (31) | In total, the previous owners agreed to inject EUR 1 055 million. |
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(31)

In total, the previous owners agreed to inject EUR 1 055 million.

| (32) | Of this, BayernLB will in addition to the already mentioned EUR 300 million existing Ergänzungskapital (Tier 2) (see recital (29), also renounce all its rights deriving from funding provided to HGAA amounting to EUR 525 million. This will have a total positive impact on the bank's capital of EUR 825 million. The amount of EUR 525 million could be lower if BayernLB provided more capital as a matter of urgency (see recital (29). |
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(32)

Of this, BayernLB will in addition to the already mentioned EUR 300 million existing Ergänzungskapital (Tier 2) (see recital (29), also renounce all its rights deriving from funding provided to HGAA amounting to EUR 525 million. This will have a total positive impact on the bank's capital of EUR 825 million. The amount of EUR 525 million could be lower if BayernLB provided more capital as a matter of urgency (see recital (29).

| (33) | The Land Carinthia will convert existing Tier 2 capital in the amount of EUR 50 million into non-convertible Partizipationskapital (Tier 1) without voting rights with a dividend of 6 %, which will be due for the first time for the business year 2013. Under the same conditions, the Carinthia-controlled Landesholding will inject further EUR 150 million non-convertible Partizipationskapital (Tier 1) at the latest by 30 June 2010. |
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(33)

The Land Carinthia will convert existing Tier 2 capital in the amount of EUR 50 million into non-convertible Partizipationskapital (Tier 1) without voting rights with a dividend of 6 %, which will be due for the first time for the business year 2013. Under the same conditions, the Carinthia-controlled Landesholding will inject further EUR 150 million non-convertible Partizipationskapital (Tier 1) at the latest by 30 June 2010.

| (34) | GRAWE will inject EUR 30 million non-convertible Partizipationskapital (Tier 1) without voting rights with a dividend of 6 % which will be due for the first time for the business year 2013. |
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(34)

GRAWE will inject EUR 30 million non-convertible Partizipationskapital (Tier 1) without voting rights with a dividend of 6 % which will be due for the first time for the business year 2013.

| (35) | Austria will inject an additional EUR 350 million of Tier 1 Partizipationskapital or other Tier 1 capital instruments into HGAA. The injected capital — whose form is not yet specified — will be injected and remunerated in accordance with the Austrian emergency bank support scheme. |
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(35)

Austria will inject an additional EUR 350 million of Tier 1 Partizipationskapital or other Tier 1 capital instruments into HGAA. The injected capital — whose form is not yet specified — will be injected and remunerated in accordance with the Austrian emergency bank support scheme.

| (36) | A number of measures are undertaken to ensure liquidity for HGAA. |
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(36)

A number of measures are undertaken to ensure liquidity for HGAA.

| (37) | BayernLB will re-issue a liquidity line terminated on 11 December 2009, amounting to EUR [...]. Furthermore, the existing liquidity of EUR [...] from BayernLB will remain with the bank until the end of 2013. For 2014, BayernLB will let funding within the bank amounting to EUR [...] and [...] for 2015. If Austria sells its majority stake or if the bank is split, BayernLB has the right to withdraw this funding and Austria guarantees its repayment. |
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(37)

BayernLB will re-issue a liquidity line terminated on 11 December 2009, amounting to EUR [...]. Furthermore, the existing liquidity of EUR [...] from BayernLB will remain with the bank until the end of 2013. For 2014, BayernLB will let funding within the bank amounting to EUR [...] and [...] for 2015. If Austria sells its majority stake or if the bank is split, BayernLB has the right to withdraw this funding and Austria guarantees its repayment.

| (38) | The existing business relationships will be maintained between the bank and the Land Carinthia as well as the enterprises which are under control of the Land Carinthia. This maintains liquidity of EUR [> 200] million. |
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(38)

The existing business relationships will be maintained between the bank and the Land Carinthia as well as the enterprises which are under control of the Land Carinthia. This maintains liquidity of EUR [> 200] million.

| (39) | GRAWE will provide liquidity amounting to EUR 100 million. This liquidity will be provided at the latest on 31 December 2009 with a maturity of at least 31 December 2013, EUR 50 million will be secured by Austrian covered bank bonds (Pfandbriefe) and further EUR 50 million secured by high-value collateral to be provided by HGAA. |
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(39)

GRAWE will provide liquidity amounting to EUR 100 million. This liquidity will be provided at the latest on 31 December 2009 with a maturity of at least 31 December 2013, EUR 50 million will be secured by Austrian covered bank bonds (Pfandbriefe) and further EUR 50 million secured by high-value collateral to be provided by HGAA.

| (40) | As regards the implications of these additional measures for BayernLB, the rescue of HGAA by Austria under the above conditions implies that BayernLB will have to write down the full book value of HGAA, which amounts to EUR 2,3 billion. It has furthermore to renounce receivables from HGAA for already provided funding amounting to EUR 825 million and will have to sell its existing shares in HGAA to Austria. |
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(40)

As regards the implications of these additional measures for BayernLB, the rescue of HGAA by Austria under the above conditions implies that BayernLB will have to write down the full book value of HGAA, which amounts to EUR 2,3 billion. It has furthermore to renounce receivables from HGAA for already provided funding amounting to EUR 825 million and will have to sell its existing shares in HGAA to Austria.

2.4.   The plan provided for Bayern LB and HGAA

| (41) | BayernLB has drawn up a restructuring plan to return to viability by 2013 (10). The restructuring plan included a significant reduction of the activities of BayernLB and a concentration on core activities and core regions. Furthermore, BayernLB planned sales of subsidiaries, including the sale of HGAA after having restored viability, so as to make them attractive for the capital markets. The target date for the sale of HGAA was [...]. No update of the plan has been provided to the Commission yet. |
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(41)

BayernLB has drawn up a restructuring plan to return to viability by 2013 (10). The restructuring plan included a significant reduction of the activities of BayernLB and a concentration on core activities and core regions. Furthermore, BayernLB planned sales of subsidiaries, including the sale of HGAA after having restored viability, so as to make them attractive for the capital markets. The target date for the sale of HGAA was [...]. No update of the plan has been provided to the Commission yet.

| (42) | For HGAA so far only a viability plan has been provided to the Commission because Austria considered HGAA fundamentally sound. The Commission had questioned in its Decision C(2009) 3811 final adopted on 12 May 2009 whether HGAA was indeed fundamentally sound and articulated doubts on the compatibility with Article 107(3)(b) TFEU of the aid given to HGAA by Austria. |
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(42)

For HGAA so far only a viability plan has been provided to the Commission because Austria considered HGAA fundamentally sound. The Commission had questioned in its Decision C(2009) 3811 final adopted on 12 May 2009 whether HGAA was indeed fundamentally sound and articulated doubts on the compatibility with Article 107(3)(b) TFEU of the aid given to HGAA by Austria.

3.   THE POSITION OF GERMANY AND AUSTRIA

| (43) | Germany takes the position that the measures undertaken by the Republic of Austria do not constitute State aid in favour of BayernLB. However, should the Commission find otherwise, Germany submits that this additional aid is compatible with Article 107(3)(b) TFEU and that no additional restructuring measures are required beyond those foreseen in the restructuring plan for BayernLB, [...]. |
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(43)

Germany takes the position that the measures undertaken by the Republic of Austria do not constitute State aid in favour of BayernLB. However, should the Commission find otherwise, Germany submits that this additional aid is compatible with Article 107(3)(b) TFEU and that no additional restructuring measures are required beyond those foreseen in the restructuring plan for BayernLB, [...].

| (44) | Austria now agrees that HGAA is distressed and commits to submit a restructuring plan for HGAA by 31 March 2010, aiming at in-depth restructuring. The plan will take into account all current and previous aid granted by Austria and will take into account the considerations put forward by the Commission in its decision of 12 May 2009. |
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(44)

Austria now agrees that HGAA is distressed and commits to submit a restructuring plan for HGAA by 31 March 2010, aiming at in-depth restructuring. The plan will take into account all current and previous aid granted by Austria and will take into account the considerations put forward by the Commission in its decision of 12 May 2009.

| (45) | Austria states that the measures provided to HGAA constitute State aid but argues that the measures are compatible with the internal market based on Article 107(3)(b) TFEU. In the meantime Austria requests a temporary authorisation for six months for reasons of financial stability. The Austrian Central Bank (Österreichische Nationalbank, OeNB) has confirmed in a letter of 7 December 2009 that HGAA is a bank with systemic importance for the financial market in Austria and that without the support measures the bank would face supervisory action. |
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(45)

Austria states that the measures provided to HGAA constitute State aid but argues that the measures are compatible with the internal market based on Article 107(3)(b) TFEU. In the meantime Austria requests a temporary authorisation for six months for reasons of financial stability. The Austrian Central Bank (Österreichische Nationalbank, OeNB) has confirmed in a letter of 7 December 2009 that HGAA is a bank with systemic importance for the financial market in Austria and that without the support measures the bank would face supervisory action.

4.   ASSESSMENT

4.1.   Existence of aid

| (46) | According to Article 107(1) TFEU, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market. |
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(46)

According to Article 107(1) TFEU, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market.

| (47) | As regards the acquisition of shares by Austria, the Commission notes that such an acquisition is in principle allowed under the Finanzmarktstabilitätsgesetz (Financial Market Stability Law, FinStaG) which provides for the purchase of existing shares. Austria gave a commitment for the approval of the emergency bank support scheme that the purchase of existing shares would be considered only where other individual measures under the FinStaG proved to be inadequate. In the present case, the owners have in fact been unable to find a solution and therefore this condition is also met. Such an acquisition is also addressed in point 37 of the Commission decision on the Austrian emergency bank support scheme. There it is explained that such an acquisition itself does not imply aid to the previous owners if the existing shareholders receive a price for their shares which is not higher than the value without State intervention (or any speculation in this regard). That condition is met as the shareholders in fact receive no consideration for their shares. The Commission therefore concludes that the purchase of shares in itself does not constitute aid to the owners or to HGAA or BayernLB (the latter is also an owner). |
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(47)

As regards the acquisition of shares by Austria, the Commission notes that such an acquisition is in principle allowed under the Finanzmarktstabilitätsgesetz (Financial Market Stability Law, FinStaG) which provides for the purchase of existing shares. Austria gave a commitment for the approval of the emergency bank support scheme that the purchase of existing shares would be considered only where other individual measures under the FinStaG proved to be inadequate. In the present case, the owners have in fact been unable to find a solution and therefore this condition is also met. Such an acquisition is also addressed in point 37 of the Commission decision on the Austrian emergency bank support scheme. There it is explained that such an acquisition itself does not imply aid to the previous owners if the existing shareholders receive a price for their shares which is not higher than the value without State intervention (or any speculation in this regard). That condition is met as the shareholders in fact receive no consideration for their shares. The Commission therefore concludes that the purchase of shares in itself does not constitute aid to the owners or to HGAA or BayernLB (the latter is also an owner).

| (48) | The additional measures implemented by Austria and the Land Carinthia can be attributed to the State, constitute a selective advantage to HGAA and potentially BayernLB and because HGAA and BayernLB operate in a sector characterised by intense international competition, have the potential to affect trade within the European Union and to distort competition. |
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(48)

The additional measures implemented by Austria and the Land Carinthia can be attributed to the State, constitute a selective advantage to HGAA and potentially BayernLB and because HGAA and BayernLB operate in a sector characterised by intense international competition, have the potential to affect trade within the European Union and to distort competition.

| (49) | In particular, the capital increase permits HGAA to receive sufficient equity capital, which, in the light of the bank’s difficult position and the current constraints upon financial markets, it would not have been able to receive to such an extent and under such terms. This capital allows HGAA to avoid regulatory action and to stay active on the market. |
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(49)

In particular, the capital increase permits HGAA to receive sufficient equity capital, which, in the light of the bank’s difficult position and the current constraints upon financial markets, it would not have been able to receive to such an extent and under such terms. This capital allows HGAA to avoid regulatory action and to stay active on the market.

| (50) | The aid to HGAA consists of a guarantee and a recapitalisation by Austria of EUR 450 million and EUR 200 million by Land Carinthia. In addition, HGAA received capital from BayernLB that BayernLB was only able to provide because it had been supported with State aid itself. |
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(50)

The aid to HGAA consists of a guarantee and a recapitalisation by Austria of EUR 450 million and EUR 200 million by Land Carinthia. In addition, HGAA received capital from BayernLB that BayernLB was only able to provide because it had been supported with State aid itself.

| (51) | The Commission also considers that HGAA receives aid though the maintenance of liquidity by the Land Carinthia and the enterprises it controls. This is an advantage for HGAA because it imposes a contractual obligation on the Land Carinthia which a market economy investor would not normally accept without consideration. This is in particular the case regarding HGAA, which is a distressed bank and where its owners are well aware of the risks of providing it liquidity. |
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(51)

The Commission also considers that HGAA receives aid though the maintenance of liquidity by the Land Carinthia and the enterprises it controls. This is an advantage for HGAA because it imposes a contractual obligation on the Land Carinthia which a market economy investor would not normally accept without consideration. This is in particular the case regarding HGAA, which is a distressed bank and where its owners are well aware of the risks of providing it liquidity.

| (52) | The aid for HGAA seems also to benefit BayernLB. Without the aid, HGAA would have become insolvent and BayernLB would have lost not only its capital in that bank but also (part or all of) liquidity provided to HGAA totalling EUR [3-5 billion]. In addition, the rescue of HGAA might prevent a possible negative reputational effect for BayernLB which could follow if it has let its biggest subsidiary go bankrupt. Therefore, the Commission considers at this stage that BayernLB benefited from the aid granted to its subsidiary HGAA. |
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(52)

The aid for HGAA seems also to benefit BayernLB. Without the aid, HGAA would have become insolvent and BayernLB would have lost not only its capital in that bank but also (part or all of) liquidity provided to HGAA totalling EUR [3-5 billion]. In addition, the rescue of HGAA might prevent a possible negative reputational effect for BayernLB which could follow if it has let its biggest subsidiary go bankrupt. Therefore, the Commission considers at this stage that BayernLB benefited from the aid granted to its subsidiary HGAA.

| (53) | In sum, the Commission finds that the measures constitute State aid to the benefit of HGAA and apparently also aid to the benefit of BayernLB. |
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(53)

In sum, the Commission finds that the measures constitute State aid to the benefit of HGAA and apparently also aid to the benefit of BayernLB.

4.2.   Compatibility of the aid

4.2.1.   Application of Article 107(3)(b) TFEU

| (54) | Article 107(3)(b) TFEU enables the Commission to declare aid compatible with the internal market if it is granted “to remedy a serious disturbance in the economy of a Member State”. The Commission recalls that the Court of First Instance has stressed that Article 107(3)(b) TFEU needs to be applied restrictively and must relate to a disturbance in the entire economy of a Member State (11). In light of the on-going fragile situation on the financial market the Commission currently bases its assessment of State aid measures in the banking sector on this provision as the breakdown of a systematically relevant bank can directly affect the financial markets and indirectly the entire economy of a Member State. |
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(54)

Article 107(3)(b) TFEU enables the Commission to declare aid compatible with the internal market if it is granted “to remedy a serious disturbance in the economy of a Member State”. The Commission recalls that the Court of First Instance has stressed that Article 107(3)(b) TFEU needs to be applied restrictively and must relate to a disturbance in the entire economy of a Member State (11). In light of the on-going fragile situation on the financial market the Commission currently bases its assessment of State aid measures in the banking sector on this provision as the breakdown of a systematically relevant bank can directly affect the financial markets and indirectly the entire economy of a Member State.

| (55) | The Austrian Central Bank has confirmed that HGAA is a bank with systemic importance for the financial market in Austria but also in certain countries in South Eastern Europe. Without the measures, HGAA risks closure by the supervisory authorities. The Commission will therefore assess the State aid measures for HGAA under Article 107(3)(b) TFEU. Any possible aid to BayernLB will be examined in the context of the ongoing formal investigation procedure. |
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(55)

The Austrian Central Bank has confirmed that HGAA is a bank with systemic importance for the financial market in Austria but also in certain countries in South Eastern Europe. Without the measures, HGAA risks closure by the supervisory authorities. The Commission will therefore assess the State aid measures for HGAA under Article 107(3)(b) TFEU. Any possible aid to BayernLB will be examined in the context of the ongoing formal investigation procedure.

4.2.2.   Compatibility of the measures

| (56) | In order to apply Article 107(3)(b) TFEU the Commission has issued guidance in the Banking Communication (12) on support measures in the financial crisis, inter alia for guarantees and recapitalisations. The conditions have been complemented and clarified regarding recapitalisations in the Recapitalisation Communication (13). |
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(56)

In order to apply Article 107(3)(b) TFEU the Commission has issued guidance in the Banking Communication (12) on support measures in the financial crisis, inter alia for guarantees and recapitalisations. The conditions have been complemented and clarified regarding recapitalisations in the Recapitalisation Communication (13).

| (57) | Capital increases and measures with a similar effect in favour of banks are, in principle, a suitable means of enabling them to withstand the effects of the financial crisis and to continue their ongoing role as providers of credit. However, the Commission has to assess if the additional emergency measures are remunerated in line with the Recapitalisation Communication. |
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(57)

Capital increases and measures with a similar effect in favour of banks are, in principle, a suitable means of enabling them to withstand the effects of the financial crisis and to continue their ongoing role as providers of credit. However, the Commission has to assess if the additional emergency measures are remunerated in line with the Recapitalisation Communication.

| (58) | HGAA will receive temporary asset guarantees (EUR 100 million) and potentially further capital (at most EUR 350 million) which will be injected and remunerated in line with point 29 on emergency aid measures to distressed banks of the Austrian emergency bank support scheme (case N 557/08). The remuneration of these measures is thus in line with an approved scheme which is itself in accordance with the Recapitalisation Communication. |
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(58)

HGAA will receive temporary asset guarantees (EUR 100 million) and potentially further capital (at most EUR 350 million) which will be injected and remunerated in line with point 29 on emergency aid measures to distressed banks of the Austrian emergency bank support scheme (case N 557/08). The remuneration of these measures is thus in line with an approved scheme which is itself in accordance with the Recapitalisation Communication.

| (59) | HGAA will also receive capital from the Land Carinthia. This is however not remunerated in line with the Austrian emergency bank support scheme because HGAA will only pay a dividend of 6 % starting from 2013. The Commission acknowledges that this might be motivated by the aim of rescuing the bank and thereby avoiding that the liabilities guarantees will be called in the context of an insolvency of HGAA. Notwithstanding this, the Commission has at this stage doubts about the level of remuneration because 6 % is far below the standards of the Austrian emergency bank support scheme and the Recapitalisation Communication which stipulate a remųneration of at least 10 % for a bank in distress. The Commission will need to further investigate the issue. The Commission can accept such remuneration temporarily because the bank is anyhow loss-making at the moment and it would not be in a position to pay any remuneration. However, the remuneration must subsequently be reassessed, possibly requiring a higher overall remuneration or additional in-depth restructuring. |
| --- | --- |

(59)

HGAA will also receive capital from the Land Carinthia. This is however not remunerated in line with the Austrian emergency bank support scheme because HGAA will only pay a dividend of 6 % starting from 2013. The Commission acknowledges that this might be motivated by the aim of rescuing the bank and thereby avoiding that the liabilities guarantees will be called in the context of an insolvency of HGAA. Notwithstanding this, the Commission has at this stage doubts about the level of remuneration because 6 % is far below the standards of the Austrian emergency bank support scheme and the Recapitalisation Communication which stipulate a remųneration of at least 10 % for a bank in distress. The Commission will need to further investigate the issue. The Commission can accept such remuneration temporarily because the bank is anyhow loss-making at the moment and it would not be in a position to pay any remuneration. However, the remuneration must subsequently be reassessed, possibly requiring a higher overall remuneration or additional in-depth restructuring.

| (60) | In addition, the existing business relationship — and the resulting liquidity — will remain between the bank and the Land of Carinthia and businesses controlled by it. As noted in point 52, this amounts to an additional liquidity aid for HGAA because this liquidity might potentially be withdrawn by Land and those respective companies, if acting under normal market considerations. This support requires an appropriate remuneration or additional in-depth restructuring. In keeping with the Banking Communication, appropriate remuneration would be in line with that required for loans to distressed banks under point 36 of the Austrian emergency bank support scheme or for liquidity guarantees under point 25 of the Austrian emergency bank support scheme. The remuneration must therefore be reassessed, possibly requiring a higher overall remuneration or additional in-depth restructuring. |
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(60)

In addition, the existing business relationship — and the resulting liquidity — will remain between the bank and the Land of Carinthia and businesses controlled by it. As noted in point 52, this amounts to an additional liquidity aid for HGAA because this liquidity might potentially be withdrawn by Land and those respective companies, if acting under normal market considerations. This support requires an appropriate remuneration or additional in-depth restructuring. In keeping with the Banking Communication, appropriate remuneration would be in line with that required for loans to distressed banks under point 36 of the Austrian emergency bank support scheme or for liquidity guarantees under point 25 of the Austrian emergency bank support scheme. The remuneration must therefore be reassessed, possibly requiring a higher overall remuneration or additional in-depth restructuring.

| (61) | Austria had previously granted aid to HGAA under the Austrian emergency bank support scheme and has submitted a viability plan. Austria now agrees that HGAA is in distress. The present measures are a second recapitalisation for a distressed bank, for which an individual notification is required according to point 5 of the decision in case N 352/09 on the prolongation of the Austrian emergency bank support scheme. Moreover, the same requirement flows from point 16 of the Restructuring Communication, which states that all aid granted during the restructuring/viability assessment period must be notified individually. This applies to recapitalisations but also to guarantees. |
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(61)

Austria had previously granted aid to HGAA under the Austrian emergency bank support scheme and has submitted a viability plan. Austria now agrees that HGAA is in distress. The present measures are a second recapitalisation for a distressed bank, for which an individual notification is required according to point 5 of the decision in case N 352/09 on the prolongation of the Austrian emergency bank support scheme. Moreover, the same requirement flows from point 16 of the Restructuring Communication, which states that all aid granted during the restructuring/viability assessment period must be notified individually. This applies to recapitalisations but also to guarantees.

| (62) | The purpose of the requirement to provide a new notification for banks seeking additional recapitalisation or guarantees is to assess such measures on the basis of a restructuring plan and not grant them under a scheme. This allows the Commission to ensure that the aid is limited to the minimum necessary, and that the aid measures are integral part of a coherent restructuring including adequate measures to limit distortions of competition. However, the Commission has established that it will authorise urgent measures temporarily in exceptional circumstances if such measures need to be granted quickly for reasons of financial stability (14). |
| --- | --- |

(62)

The purpose of the requirement to provide a new notification for banks seeking additional recapitalisation or guarantees is to assess such measures on the basis of a restructuring plan and not grant them under a scheme. This allows the Commission to ensure that the aid is limited to the minimum necessary, and that the aid measures are integral part of a coherent restructuring including adequate measures to limit distortions of competition. However, the Commission has established that it will authorise urgent measures temporarily in exceptional circumstances if such measures need to be granted quickly for reasons of financial stability (14).

| (63) | Austria has provided a commitment to supply a restructuring plan. Moreover, in the report of 13 November 2009 the need for additional capital has already been established. The supervisory authorities have confirmed that the aid is necessary in order to prevent insolvency of a systemically relevant bank. The same applies to the guarantees which are also needed to ensure the continuation of the bank business. |
| --- | --- |

(63)

Austria has provided a commitment to supply a restructuring plan. Moreover, in the report of 13 November 2009 the need for additional capital has already been established. The supervisory authorities have confirmed that the aid is necessary in order to prevent insolvency of a systemically relevant bank. The same applies to the guarantees which are also needed to ensure the continuation of the bank business.

| (64) | The survival of HGAA requires that those measures can be granted before a decision about the restructuring plan can be taken and Austria requests an urgent approval. On the basis of the above and in view of the request for an authorisation for six months the measures are limited in time and scope to the minimum necessary. Therefore, a temporary approval of the capital and liquidity measures is required and is compatible with the internal market pursuant to Article 107(3)(b) TFEU. During that period HGAA and BayernLB will have sufficient time to update their plans and to seek final approval. |
| --- | --- |

(64)

The survival of HGAA requires that those measures can be granted before a decision about the restructuring plan can be taken and Austria requests an urgent approval. On the basis of the above and in view of the request for an authorisation for six months the measures are limited in time and scope to the minimum necessary. Therefore, a temporary approval of the capital and liquidity measures is required and is compatible with the internal market pursuant to Article 107(3)(b) TFEU. During that period HGAA and BayernLB will have sufficient time to update their plans and to seek final approval.

4.2.3.   Extension of the Procedure regarding the restructuring aid

HGAA

| (65) | The formal investigation procedure will be extended with respect to the new measures for the benefit of HGAA. The newly granted measures constitute restructuring aid because they are needed to restore the viability of HGAA. The compatibility of the restructuring aid will be assessed on the basis of the restructuring plan or liquidation plan to be submitted in the light of the Restructuring Communication (15). In view of the level of the problems of HGAA, the Commission considers that the option of an orderly winding down of the bank would need to be [...] considered in the process of deciding on its future. |
| --- | --- |

(65)

The formal investigation procedure will be extended with respect to the new measures for the benefit of HGAA. The newly granted measures constitute restructuring aid because they are needed to restore the viability of HGAA. The compatibility of the restructuring aid will be assessed on the basis of the restructuring plan or liquidation plan to be submitted in the light of the Restructuring Communication (15). In view of the level of the problems of HGAA, the Commission considers that the option of an orderly winding down of the bank would need to be [...] considered in the process of deciding on its future.

| (66) | The Commission has at this stage doubts that the newly introduced restructuring measures as well as the previous measures are apt to restore the viability of HGAA. First, it needs to be emphasised that the additional aid which has become necessary is evidence that the submitted viability plan is not sufficient to restore the viability of HGAA. Furthermore, the Commission notes that the external report commissioned by HGAA and BayernLB has found serious problems in the credit monitoring procedures of HGAA as well as in its collateral valuation. As a result, the previously projected potential losses could well increase still further, in particular if the benign view concerning LGD ratios were not to materialise. Moreover, the Commission doubts that the scenarios applied by the external consultants (Scenario I and II) are sufficiently prudent in relation to “a protracted global recession” as specified in point 13 of the Restructuring Communication. Therefore, the Commission continues to have doubts in relation to the return to long-term viability of the rescued HGAA. |
| --- | --- |

(66)

The Commission has at this stage doubts that the newly introduced restructuring measures as well as the previous measures are apt to restore the viability of HGAA. First, it needs to be emphasised that the additional aid which has become necessary is evidence that the submitted viability plan is not sufficient to restore the viability of HGAA. Furthermore, the Commission notes that the external report commissioned by HGAA and BayernLB has found serious problems in the credit monitoring procedures of HGAA as well as in its collateral valuation. As a result, the previously projected potential losses could well increase still further, in particular if the benign view concerning LGD ratios were not to materialise. Moreover, the Commission doubts that the scenarios applied by the external consultants (Scenario I and II) are sufficiently prudent in relation to “a protracted global recession” as specified in point 13 of the Restructuring Communication. Therefore, the Commission continues to have doubts in relation to the return to long-term viability of the rescued HGAA.

| (67) | In relation to burden sharing the Commission doubts that the burden sharing of the owners has been appropriate. This applies in particular to BayernLB which has consolidated accounts with HGAA and which could have contributed more to the rescue action. In this regard, BayernLB has a guarantee from Austria to recover liquidity if HGAA is split or following a similar measure which would make HGAA no longer viable. Moreover, the burden sharing of the Land Carinthia and GRAWE needs to be further investigated. In particular, the Land Carinthia and GRAWE will receive a remuneration for their capital while the capital coming from BayernLB will not be remunerated. Also, the liquidity provided by GRAWE will be highly collateralised, in contrast to the liquidity provided by the other owners. |
| --- | --- |

(67)

In relation to burden sharing the Commission doubts that the burden sharing of the owners has been appropriate. This applies in particular to BayernLB which has consolidated accounts with HGAA and which could have contributed more to the rescue action. In this regard, BayernLB has a guarantee from Austria to recover liquidity if HGAA is split or following a similar measure which would make HGAA no longer viable. Moreover, the burden sharing of the Land Carinthia and GRAWE needs to be further investigated. In particular, the Land Carinthia and GRAWE will receive a remuneration for their capital while the capital coming from BayernLB will not be remunerated. Also, the liquidity provided by GRAWE will be highly collateralised, in contrast to the liquidity provided by the other owners.

| (68) | Furthermore, the Commission will need to take into account in its assessment of burden sharing whether any additional guarantees, comfort letters or similar instruments exist in the relation between HGAA and its owners. |
| --- | --- |

(68)

Furthermore, the Commission will need to take into account in its assessment of burden sharing whether any additional guarantees, comfort letters or similar instruments exist in the relation between HGAA and its owners.

| (69) | In view of the fact that measures to limit distortions of competition must in line with point 31 of the Restructuring Communication, also reflect the amount of aid and since the aid amount for HGAA has in the meantime more than doubled, significantly more measures will be required than were envisaged in the viability plan. |
| --- | --- |

(69)

In view of the fact that measures to limit distortions of competition must in line with point 31 of the Restructuring Communication, also reflect the amount of aid and since the aid amount for HGAA has in the meantime more than doubled, significantly more measures will be required than were envisaged in the viability plan.

BayernLB

| (70) | The formal investigation procedure must be extended in respect to the restructuring of BayernLB. The additional measures will need to be taken into account when assessing the restructuring plan of BayernLB in the light of the Restructuring Communication. |
| --- | --- |

(70)

The formal investigation procedure must be extended in respect to the restructuring of BayernLB. The additional measures will need to be taken into account when assessing the restructuring plan of BayernLB in the light of the Restructuring Communication.

| (71) | The Commission considers at this stage that the newly granted aid measures constitute also additional aid for the benefit of BayernLB as without the rescue measure it would otherwise have lost part of the liquidity it had provided to HGAA. |
| --- | --- |

(71)

The Commission considers at this stage that the newly granted aid measures constitute also additional aid for the benefit of BayernLB as without the rescue measure it would otherwise have lost part of the liquidity it had provided to HGAA.

| (72) | At this stage, it also seems that the rescue process for HGAA might pose a threat to the viability of BayernLB because it has to write down the book value of HGAA, to provide additional capital measures and to renounce its rights on additional capital already within HGAA. Due to these new write-downs and losses the Commission thus doubts the viability of BayernLB and deems it necessary to receive a revised restructuring plan in the light of the altered situation. |
| --- | --- |

(72)

At this stage, it also seems that the rescue process for HGAA might pose a threat to the viability of BayernLB because it has to write down the book value of HGAA, to provide additional capital measures and to renounce its rights on additional capital already within HGAA. Due to these new write-downs and losses the Commission thus doubts the viability of BayernLB and deems it necessary to receive a revised restructuring plan in the light of the altered situation.

| (73) | Moreover, the Commission has received indications that BayernLB intends to use reserves to avoid losses and in particular a loss participation of its capital holders. The Commission has doubts whether this is in line with its well-established policy (16). |
| --- | --- |

(73)

Moreover, the Commission has received indications that BayernLB intends to use reserves to avoid losses and in particular a loss participation of its capital holders. The Commission has doubts whether this is in line with its well-established policy (16).

| (74) | As regards measures for limiting market distortions, the Commission recalls that BayernLB agreed to sell HGAA over time as such a measure. However, the Commission considers at this stage that the sale of HGAA cannot be considered as a measure for addressing competition distortions as the measure seems necessary for the viability of BayernLB. The Commission doubts therefore that the overall level of measures proposed by BayernLB in its restructuring plan for limiting distortions of competition is sufficient. |
| --- | --- |

(74)

As regards measures for limiting market distortions, the Commission recalls that BayernLB agreed to sell HGAA over time as such a measure. However, the Commission considers at this stage that the sale of HGAA cannot be considered as a measure for addressing competition distortions as the measure seems necessary for the viability of BayernLB. The Commission doubts therefore that the overall level of measures proposed by BayernLB in its restructuring plan for limiting distortions of competition is sufficient.

| (75) | In sum, the Commission therefore requests an updated restructuring plan from BayernLB taking these considerations into account. |
| --- | --- |

(75)

In sum, the Commission therefore requests an updated restructuring plan from BayernLB taking these considerations into account.

5.   DECISION

The Commission has decided to temporarily find compatible with the internal market on the basis of Article 107(3)(b) TFEU until the submission of a credible restructuring plan and its assessment by the Commission but at most for a period of six months the following measures in favour of HGAA:

| 1. | the temporary guarantee of EUR 100 million under the conditions for distressed banks under the Austrian emergency bank support scheme; |
| --- | --- |

1.

the temporary guarantee of EUR 100 million under the conditions for distressed banks under the Austrian emergency bank support scheme;

| 2. | the recapitalisation of EUR 200 million by Land Carinthia; |
| --- | --- |

2.

the recapitalisation of EUR 200 million by Land Carinthia;

| 3. | a further recapitalisation under the conditions for distressed banks under the Austrian emergency bank support for a maximum amount of EUR 350 million; |
| --- | --- |

3.

a further recapitalisation under the conditions for distressed banks under the Austrian emergency bank support for a maximum amount of EUR 350 million;

| 4. | the liquidity provided by the Land of Carinthia. |
| --- | --- |

4.

the liquidity provided by the Land of Carinthia.

The acquisition by Austria of shares in HGAA does not in itself constitute aid.

In the light of the foregoing considerations, the Commission has further decided to extend the proceedings laid down in Article 108(2) TFEU with respect to the above aid measures in favour of HGAA both as regards HGAA and BayernLB. The Commission will in this context also reassess the necessity of the above measures. In particular, the Commission will reassess the remuneration for the measures provided to HGAA by the Land Carinthia.

The Commission has also decided to extend the proceedings pursuant to Article 108(2) TFEU with a view to assess potential restructuring aid received by BayernLB through the additional aid provided to the HGAA group and with the view of assessing the viability and the measures proposed for limiting market distortions of BayernLB in light of the new situation.

The Commission reminds Austria of its commitment to provide an in-depth restructuring plan for HGAA by 31 March 2010 as well as all reports establishing the current situation of HGAA. The Commission also reminds Germany to submit a revised restructuring plan for BayernLB as well as to indicate the amount of equity replacing capital of the liquidity held by BayernLB in HGAA. Austria and Germany are also requested to indicate existence of any guarantees or similar instruments which the owners might have with HGAA or any of its assets or liabilities.

Austria is requested to forward a copy of this letter to HGAA immediately. Germany is requested to forward this letter to BayernLB immediately.

The Commission wishes to remind Austria that Article 108(3) TFEU 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.

The Commission warns Austria and Germany 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 publishing 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.’

---

(1)  Confidential information.

1

(2)  With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate.

2

(3)  Commission Decision of 18 December 2008 in Case N 615/08 BayernLB, OJ C 80, 3.4.2009, p. 4.

3

BayernLB

(4)  Partizipationskapital has no voting rights.

4

Partizipationskapital

(5)  Commission Decision of 9 December 2008 in Case N 557/08, OJ C 3, 8.1.2009, p. 2, Maßnahmen nach dem Finanzmarktstabilitäts- und dem Interbankmarktstärkungsgesetz für Kreditinstitute und Versicherungsunternehmen in Österreich, last prolonged by Commission Decision of 16 December 2009 in Case N 663/09.

5

Maßnahmen nach dem Finanzmarktstabilitäts- und dem Interbankmarktstärkungsgesetz für Kreditinstitute und Versicherungsunternehmen in Österreich

(6)  A viability plan needs to be provided when a bank is fundamentally sound.

6

(7)  Confidential information.

7

(8)  Indirect ownership via the controlled participations in Hypo-Bank Burgenland AG and a further holding company, BVG Beteiligungs- und Verwaltungsgesellschaft mbH.

8

(9)  Federal Law 136: Law on strengthening the interbank market (IBSG) and Law on the stability of the financial markets (FinStaG), published on 26 October 2008, Austrian Federal Law Gazette I, No 136/08.

9

(10)  The details of this restructuring plan are set out in Decision C(2009) 3811 final, see recital 6 of this Decision.

10

(11)  Cf., in principle, Joined Cases T-132/96 and T-143/96 Freistaat Sachsen and Volkswagen AG Commission [1999] ECR II-3663, paragraph 167. Applied in Commission Decision in Case C 47/96, Crédit Lyonnais, OJ L 221, 8.8.1998, p. 28, point 10.1, Commission Decision in Case C 28/02 Bankgesellschaft Berlin, OJ L 116, 4.5.2005, p. 1, points 153 et seq and Commission Decision in Case C 50/06 BAWAG, OJ L 83, 26.3.2008, p. 7, point 166. See Commission Decision of 5 December 2007 in Case NN 70/07, Northern Rock, OJ C 43, 16.2.2008, p. 1, Commission Decision of 30 April 2008 in Case NN 25/08, Rescue aid to WestLB, OJ C 189, 26.7.2008, p. 3, and Commission Decision of 4 June 2008 in Case C 9/08 SachsenLB, OJ L 104, 24.4.2009, p. 34.

11

Freistaat Sachsen and Volkswagen AG Commission

Crédit Lyonnais

Bankgesellschaft Berlin

BAWAG

Northern Rock

Rescue aid to WestLB

SachsenLB

(12)  Banking Communication — Application of the State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis, OJ C 270, 25.10.2008, p. 8.

12

(13)  Communication from the Commission — Recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition, OJ C 10, 15.1.2009, p. 2.

13

(14)  Commission Decision of 13 November 2009 in Case C 15/09, Hypo RealEstate, not yet published.

14

Hypo RealEstate

(15)  Commission communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules, OJ C 195, 19.9.2009, p. 9. Although the decision of 12 May 2009 made reference to the 2004 Guidelines on State aid for rescuing and restructuring firms in difficulty, the Commission has clarified in point 49 of the Restructuring Communication that all aid notified to the Commission before 31 December 2010 will be assessed as restructuring aid to banks pursuant to that Communication instead of the 2004 Guidelines.

15

(16)  See point 26 of the Restructuring Communication and Memo 09441 of 8 October “State aid: Commission recalls rules concerning Tier 1 and Tier 2 capital transactions for banks subject to a restructuring aid investigation”.

16

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| 31.3.2010 | EN | Official Journal of the European Union | C 85/30 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/30

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Prior notification of a concentration

(Case COMP/M.5845 — Bain Capital/Styron Business)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 85/11

| 1. | On 23 March 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC (‘Bain Capital’, USA) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Styron LLC and Styron Holding BV (‘The Styron Business’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 23 March 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC (‘Bain Capital’, USA) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Styron LLC and Styron Holding BV (‘The Styron Business’, USA) by way of purchase of shares.

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






  — | for Bain Capital: private equity investment, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bain Capital: private equity investment,

| — | for The Styron Business: the manufacture of latexes, synthetic rubber and certain plastics products. |
| --- | --- |

—

for The Styron Business: the manufacture of latexes, synthetic rubber and certain plastics products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5845 — Bain Capital/Styron Business, to the following address:





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

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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5845 — Bain Capital/Styron Business, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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| 31.3.2010 | EN | Official Journal of the European Union | C 85/31 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/31

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DECISION No 788

of 9 October 2009

opening a procedure for granting authorisation for the prospection and exploration of oil and gas — underground natural resources as defined in Article 2(1)(3) of the Underground Natural Resources Act, in Block 1-14 Silistar, located on the Republic of Bulgaria's continental shelf and in its exclusive economic zone in the Black Sea, and announcing that authorisation will be granted on the basis of a competitive tendering procedure

2010/C 85/12

REPUBLIC OF BULGARIA

COUNCIL OF MINISTERS

Pursuant to Article 5, subparagraph 2, Article 42(1)(1) and Article 44(3) of the Underground Natural Resources Act, in conjunction with Article 4(2)(16) and Section 1(24a) of the Additional Provision of the Energy Act,

THE COUNCIL OF MINISTERS HAS DECIDED AS FOLLOWS:

| 1. | A procedure shall be opened for granting authorisation for the prospection and exploration of crude oil and natural gas in Block 1-14 Silistar, having a surface area of 6 935,57 km2 and coordinates 1 to 11 as specified in the Annex. |
| --- | --- |

1.

A procedure shall be opened for granting authorisation for the prospection and exploration of crude oil and natural gas in Block 1-14 Silistar, having a surface area of 6 935,57 km2 and coordinates 1 to 11 as specified in the Annex.

| 2. | The authorisation referred to in point 1 shall be granted by means of a competitive tendering procedure. |
| --- | --- |

2.

The authorisation referred to in point 1 shall be granted by means of a competitive tendering procedure.

| 3. | The authorisation period for prospection and exploration shall be set at five years from the date on which the prospection and exploration agreement enters into force, with a right to extend this period pursuant to Article 31(3) of the Underground Natural Resources Act. |
| --- | --- |

3.

The authorisation period for prospection and exploration shall be set at five years from the date on which the prospection and exploration agreement enters into force, with a right to extend this period pursuant to Article 31(3) of the Underground Natural Resources Act.

| 4. | The competitive tendering procedure to determine who is granted the authorisation referred to in point 1 shall be conducted, on the 150th day following the publication of this Decision in the Official Journal of the European Union, in the Ministry of the Economy, Energy and Tourism’s building at the following address: ul. Triaditsa 8, Sofia, BULGARIA. |
| --- | --- |

4.

The competitive tendering procedure to determine who is granted the authorisation referred to in point 1 shall be conducted, on the 150th day following the publication of this Decision in the Official Journal of the European Union, in the Ministry of the Economy, Energy and Tourism’s building at the following address: ul. Triaditsa 8, Sofia, BULGARIA.

| 5. | The time limit for purchasing the tender dossier shall be 17.00 on the 120th day following the publication of this Decision in the Official Journal of the European Union. |
| --- | --- |

5.

The time limit for purchasing the tender dossier shall be 17.00 on the 120th day following the publication of this Decision in the Official Journal of the European Union.

| 6. | The time limit for submitting applications to take part in the competitive tendering procedure shall be 17.00 on the 130th day following the publication of this Decision in the Official Journal of the European Union. |
| --- | --- |

6.

The time limit for submitting applications to take part in the competitive tendering procedure shall be 17.00 on the 130th day following the publication of this Decision in the Official Journal of the European Union.

| 7. | The time limit for submitting bids in accordance with the tender dossier shall be 17.00 on the 144th day following the publication of this Decision in the Official Journal of the European Union. |
| --- | --- |

7.

The time limit for submitting bids in accordance with the tender dossier shall be 17.00 on the 144th day following the publication of this Decision in the Official Journal of the European Union.

| 8. | The competitive tendering procedure shall be non-presential. |
| --- | --- |

8.

The competitive tendering procedure shall be non-presential.

| 9. | The price of the tender dossier shall be set at BGN 500. The tender dossier is to be purchased from Room 802 at the Ministry of the Economy, Energy and Tourism building at the following address: ul. Triaditsa 8, Sofia, BULGARIA, within the time limit specified in point 5. |
| --- | --- |

9.

The price of the tender dossier shall be set at BGN 500. The tender dossier is to be purchased from Room 802 at the Ministry of the Economy, Energy and Tourism building at the following address: ul. Triaditsa 8, Sofia, BULGARIA, within the time limit specified in point 5.

| 10. | Applicants wishing to take part in the competitive tendering procedure must comply with the requirements of Article 23(1) of the Underground Natural Resources Act. |
| --- | --- |

10.

Applicants wishing to take part in the competitive tendering procedure must comply with the requirements of Article 23(1) of the Underground Natural Resources Act.

| 11. | Bids shall be evaluated on the basis of the proposed work programmes, resources devoted to environmental protection and training, bonuses and managerial and financial capacities, as provided for in the tender dossier. |
| --- | --- |

11.

Bids shall be evaluated on the basis of the proposed work programmes, resources devoted to environmental protection and training, bonuses and managerial and financial capacities, as provided for in the tender dossier.

| 12. | The deposit for participation in the competitive tendering procedure shall be set at BGN 10 000, payable within the time limit specified in point 6 into the bank account of the Ministry of the Economy, Energy and Tourism indicated in the tender dossier. |
| --- | --- |

12.

The deposit for participation in the competitive tendering procedure shall be set at BGN 10 000, payable within the time limit specified in point 6 into the bank account of the Ministry of the Economy, Energy and Tourism indicated in the tender dossier.

| 13. | Applicants who are not admitted to the competitive tendering procedure shall have their deposits reimbursed within 14 days after being informed that they have not been admitted. |
| --- | --- |

13.

Applicants who are not admitted to the competitive tendering procedure shall have their deposits reimbursed within 14 days after being informed that they have not been admitted.

| 14. | The successful bidder’s deposit shall be forfeit and the other bidders’ deposits shall be reimbursed within 14 days following the publication in the State Gazette of the Council of Ministers’ decision to grant authorisation for prospection and exploration. |
| --- | --- |

14.

The successful bidder’s deposit shall be forfeit and the other bidders’ deposits shall be reimbursed within 14 days following the publication in the State Gazette of the Council of Ministers’ decision to grant authorisation for prospection and exploration.

| 15. | Applications to take part in the competitive tendering procedure and bids under the competitive tendering procedure shall be submitted to the Ministry of the Economy, Energy and Tourism at ul. Triaditsa 8, Sofia, BULGARIA in Bulgarian, in accordance with the requirements of Article 46 of the Underground Natural Resources Act. |
| --- | --- |

15.

Applications to take part in the competitive tendering procedure and bids under the competitive tendering procedure shall be submitted to the Ministry of the Economy, Energy and Tourism at ul. Triaditsa 8, Sofia, BULGARIA in Bulgarian, in accordance with the requirements of Article 46 of the Underground Natural Resources Act.

| 16. | Bids shall comply with the requirements and conditions specified in the tender dossier. |
| --- | --- |

16.

Bids shall comply with the requirements and conditions specified in the tender dossier.

| 17. | The competitive tendering procedure shall take place even if only one applicant is admitted to take part in it. |
| --- | --- |

17.

The competitive tendering procedure shall take place even if only one applicant is admitted to take part in it.

| 18. | The Minister for the Economy, Energy and Tourism is authorised to:






  18.1. | send this Decision for publication in the Official Journal of the European Union, in the State Gazette and on the website of the Council of Ministers; |
| --- | --- | --- |

18.

The Minister for the Economy, Energy and Tourism is authorised to:

18.1.

send this Decision for publication in the Official Journal of the European Union, in the State Gazette and on the website of the Council of Ministers;

| 18.2. | organise the conduct of the competitive tendering procedure. |
| --- | --- |

18.2.

organise the conduct of the competitive tendering procedure.

| 19. | Appeals against this Decision may be lodged with the Supreme Administrative Court within 14 days following its publication in the Official Journal of the European Union. |
| --- | --- |

19.

Appeals against this Decision may be lodged with the Supreme Administrative Court within 14 days following its publication in the Official Journal of the European Union.

Prime Minister

Boyko BORISOV

Secretary-General of the Council of Ministers

Rosen ZHELYAZKOV

---

ANNEX

LIST OF COORDINATES

Geographical coordinates (1950 Coordinate System) of Block 1-14 Silistar:

| 1. | 42° 48′ 43,999′′ N | 28° 26′ 04,968′′ E |
| --- | --- | --- |
| 2. | 42° 48′ 46,926′′ N | 29° 07′ 28,811′′ E |
| 3. | 42° 11′ 23,914′′ N | 29° 07′ 37,250′′ E |
| 4. | 41° 59′ 53,365′′ N | 28° 19′ 31,334′′ E |
| 5. | 41° 58′ 54,165′′ N | 28° 19′ 31,135′′ E |
| 6. | 41° 58′ 54,402′′ N | 28° 06′ 56,901′′ E |
| 7. | 42° 25′ 29,736′′ N | 28° 07′ 25,049′′ E |
| 8. | 42° 25′ 35,804′′ N | 27° 56′ 08,903′′ E |
| 9. | 42° 41′ 47,106′′ N | 27° 55′ 59,807′′ E |
| 10. | 42° 41′ 28,586′′ N | 28° 25′ 54,941′′ E |
| 11. | 42° 48′ 43,999′′ N | 28° 26′ 04,968′′ E |

1.

42° 48′ 43,999′′ N

28° 26′ 04,968′′ E

2.

42° 48′ 46,926′′ N

29° 07′ 28,811′′ E

3.

42° 11′ 23,914′′ N

29° 07′ 37,250′′ E

4.

41° 59′ 53,365′′ N

28° 19′ 31,334′′ E

5.

41° 58′ 54,165′′ N

28° 19′ 31,135′′ E

6.

41° 58′ 54,402′′ N

28° 06′ 56,901′′ E

7.

42° 25′ 29,736′′ N

28° 07′ 25,049′′ E

8.

42° 25′ 35,804′′ N

27° 56′ 08,903′′ E

9.

42° 41′ 47,106′′ N

27° 55′ 59,807′′ E

10.

42° 41′ 28,586′′ N

28° 25′ 54,941′′ E

11.

42° 48′ 43,999′′ N

28° 26′ 04,968′′ E

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