# Official Journal C 6/11 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 6 |
| | |
| English edition | Information and Notices | Volume 4911 January 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 6

English edition

Information and Notices

Volume 4911 January 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 006/1 | Euro exchange rates | 1 |
| 2006/C 006/2 | Notice of initiation of an anti-dumping proceeding concerning imports of cathode-ray colour television picture tubes originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand | 2 |
| 2006/C 006/3 | Prior notification of a concentration (Case COMP/M.3946 — Renolit/Solvay) (
  1
  ) | 6 |
| 2006/C 006/4 | Prior notification of a concentration (Case COMP/M.4090 — West LB/Odewald/ASH) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2006/C 006/5 | Prior notification of a concentration (Case COMP/M.4082 — Cargill/Pagnan II) (
  1
  ) | 8 |
| 2006/C 006/6 | Prior notification of a concentration (Case COMP/M.3985 — EADS/BAES/FNM/NLFK) (
  1
  ) | 9 |
| 2006/C 006/7 | Prior notification of a concentration (Case COMP/M.3787 — Heinemann/HDS Retail) — Candidate case for simplified procedure (
  1
  ) | 10 |

Notice No

Contents

page

I   Information

Commission

2006/C 006/1

Euro exchange rates

1

2006/C 006/2

Notice of initiation of an anti-dumping proceeding concerning imports of cathode-ray colour television picture tubes originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand

2

2006/C 006/3

Prior notification of a concentration (Case COMP/M.3946 — Renolit/Solvay) (
  1
  )

1

6

2006/C 006/4

Prior notification of a concentration (Case COMP/M.4090 — West LB/Odewald/ASH) — Candidate case for simplified procedure (
  1
  )

1

7

2006/C 006/5

Prior notification of a concentration (Case COMP/M.4082 — Cargill/Pagnan II) (
  1
  )

1

8

2006/C 006/6

Prior notification of a concentration (Case COMP/M.3985 — EADS/BAES/FNM/NLFK) (
  1
  )

1

9

2006/C 006/7

Prior notification of a concentration (Case COMP/M.3787 — Heinemann/HDS Retail) — Candidate case for simplified procedure (
  1
  )

1

10

| | III   Notices |
| --- | --- |
| | Commission |
| 2006/C 006/8 | F-Lorient: operation of scheduled air services — Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Lorient and Lyon | 11 |
| 2006/C 006/9 | S-Sundsvall: Operation of scheduled air services — Invitation to tender issued by the National Public Transport Agency (Rikstrafiken) under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of scheduled air services on the following route: Östersund — Umeå (
  1
  ) | 13 |

III   Notices

Commission

2006/C 006/8

F-Lorient: operation of scheduled air services — Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Lorient and Lyon

11

2006/C 006/9

S-Sundsvall: Operation of scheduled air services — Invitation to tender issued by the National Public Transport Agency (Rikstrafiken) under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of scheduled air services on the following route: Östersund — Umeå (
  1
  )

1

13

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 11.1.2006 | EN | Official Journal of the European Union | C 6/1 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/1

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Euro exchange rates (1)

10 January 2006

(2006/C 6/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2064 |
| JPY | Japanese yen | 138,12 |
| DKK | Danish krone | 7,4585 |
| GBP | Pound sterling | 0,68330 |
| SEK | Swedish krona | 9,3530 |
| CHF | Swiss franc | 1,5437 |
| ISK | Iceland króna | 73,92 |
| NOK | Norwegian krone | 7,9810 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5737 |
| CZK | Czech koruna | 28,800 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 250,60 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7868 |
| RON | Romanian leu | 3,6485 |
| SIT | Slovenian tolar | 239,49 |
| SKK | Slovak koruna | 37,465 |
| TRY | Turkish lira | 1,6307 |
| AUD | Australian dollar | 1,6045 |
| CAD | Canadian dollar | 1,4092 |
| HKD | Hong Kong dollar | 9,3512 |
| NZD | New Zealand dollar | 1,7408 |
| SGD | Singapore dollar | 1,9715 |
| KRW | South Korean won | 1 184,75 |
| ZAR | South African rand | 7,3593 |
| CNY | Chinese yuan renminbi | 9,7346 |
| HRK | Croatian kuna | 7,3820 |
| IDR | Indonesian rupiah | 11 406,51 |
| MYR | Malaysian ringgit | 4,522 |
| PHP | Philippine peso | 63,523 |
| RUB | Russian rouble | 34,3800 |
| THB | Thai baht | 48,025 |

Currency

Exchange rate

USD

US dollar

1,2064

JPY

Japanese yen

138,12

DKK

Danish krone

7,4585

GBP

Pound sterling

0,68330

SEK

Swedish krona

9,3530

CHF

Swiss franc

1,5437

ISK

Iceland króna

73,92

NOK

Norwegian krone

7,9810

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5737

CZK

Czech koruna

28,800

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

250,60

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7868

RON

Romanian leu

3,6485

SIT

Slovenian tolar

239,49

SKK

Slovak koruna

37,465

TRY

Turkish lira

1,6307

AUD

Australian dollar

1,6045

CAD

Canadian dollar

1,4092

HKD

Hong Kong dollar

9,3512

NZD

New Zealand dollar

1,7408

SGD

Singapore dollar

1,9715

KRW

South Korean won

1 184,75

ZAR

South African rand

7,3593

CNY

Chinese yuan renminbi

9,7346

HRK

Croatian kuna

7,3820

IDR

Indonesian rupiah

11 406,51

MYR

Malaysian ringgit

4,522

PHP

Philippine peso

63,523

RUB

Russian rouble

34,3800

THB

Thai baht

48,025

---

(1)

Source: reference exchange rate published by the ECB.

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/2 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/2

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Notice of initiation of an anti-dumping proceeding concerning imports of cathode-ray colour television picture tubes originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand

(2006/C 6/02)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), as last amended by Regulation (EC) No 2117/2005 (2), alleging that imports of cathode-ray colour television picture tubes, originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 29 November 2005 by the Taskforce against unfair business in Europe (TUBE) (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of cathode-ray colour television picture tubes.

2.   Product

The product allegedly being dumped is cathode-ray colour television picture tubes, including video monitor cathode ray tubes, of all sizes originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand (‘the product concerned’), normally declared within CN codes 8540 11 11, 8540 11 13, 8540 11 15, 8540 11 19, 8540 11 91 and 8540 11 99. These CN codes are only given for information.

3.   Allegation of dumping

The allegation of dumping for the Republic of Korea, Malaysia and Thailand is based on a comparison of constructed normal values with the export prices of the product concerned to the Community.

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

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

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China, the Republic of Korea, Malaysia and Thailand have increased overall in absolute terms and in terms of market share.

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

5.   Procedure

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

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

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

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

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the period 1 January 2005 to 31 December 2005, |
| --- | --- |

—

the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the period 1 January 2005 to 31 December 2005,

| — | the turnover in local currency and the sales volume in units for the product concerned sold on the domestic market during the period 1 January 2005 to 31 December 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in units for the product concerned sold on the domestic market during the period 1 January 2005 to 31 December 2005,

| — | whether the company intends to claim an individual margin (3) (individual margins can only be claimed by producers), |
| --- | --- |

—

whether the company intends to claim an individual margin (3) (individual margins can only be claimed by producers),

| — | the precise activities of the company with regard to the production of the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned,

| — | the names and the precise activities of all related companies (4) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample, |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample,

| — | by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below. |
| --- | --- |

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(ii)   Final selection of the sample

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

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

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

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

(b)   Questionnaires

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

(i)   Exporters/producers in the Republic of Korea, Malaysia and Thailand and importers

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

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

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

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

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

(e)   Market economy status

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

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

| (i) | The information specified in point 5.1(a)(i) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in point 5.1(a)(i) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in 5.1(a)(ii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in 5.1(a)(ii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax: (32-2) 295 65 05. |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax: (32-2) 295 65 05.

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

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

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

(3)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation by companies not included in the sample. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation and that claims regarding market economy status necessitate an application pursuant to Article 2(7)(b) of the basic Regulation.

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

(5)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/6 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/6

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Prior notification of a concentration

(Case COMP/M.3946 — Renolit/Solvay)

(2006/C 6/03)

(Text with EEA relevance)

| 1. | On 4 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Renolit AG (‘Renolit’, Germany) controlled by JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the entire industrial foils business of Solvay S.A. (‘industrial foil Solvay’, Belgium) by way of purchase of shares and assets. |
| --- | --- |

1.

On 4 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Renolit AG (‘Renolit’, Germany) controlled by JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the entire industrial foils business of Solvay S.A. (‘industrial foil Solvay’, Belgium) by way of purchase of shares and assets.

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






  — | for Renolit: development, production and sale of a wide range of thermoplastic foils for industrial processing; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Renolit: development, production and sale of a wide range of thermoplastic foils for industrial processing;

| — | for industrial foil Solvay: development, production and sale of thermoplastic foils for industrial processing. |
| --- | --- |

—

for industrial foil Solvay: development, production and sale of thermoplastic foils for industrial processing.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3946 — Renolit/Solvay, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3946 — Renolit/Solvay, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

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

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/7 |
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11.1.2006

EN

Official Journal of the European Union

C 6/7

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Prior notification of a concentration

(Case COMP/M.4090 — West LB/Odewald/ASH)

Candidate case for simplified procedure

(2006/C 6/04)

(Text with EEA relevance)

| 1. | On 3 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings WestLB AG (‘WestLB’, Germany) and Odewald & Compagnie Gesellschaft für Beteiligungen mbH (‘Odewald’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ASH Automotive Systems Holding GmbH (‘ASH’, Germany), holding company of the Westfalia group, by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 3 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings WestLB AG (‘WestLB’, Germany) and Odewald & Compagnie Gesellschaft für Beteiligungen mbH (‘Odewald’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ASH Automotive Systems Holding GmbH (‘ASH’, Germany), holding company of the Westfalia group, by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for WestLB: international universal bank; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for WestLB: international universal bank;

| — | for Odewald: investment funds; |
| --- | --- |

—

for Odewald: investment funds;

| — | for ASH: development, manufacturing and distribution of tow bars and related products (electrical systems) for cars. |
| --- | --- |

—

for ASH: development, manufacturing and distribution of tow bars and related products (electrical systems) for cars.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4090 — West LB/Odewald/ASH, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4090 — West LB/Odewald/ASH, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

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

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

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/8 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/8

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Prior notification of a concentration

(Case COMP/M.4082 — Cargill/Pagnan II)

(2006/C 6/05)

(Text with EEA relevance)

| 1. | On 3 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cargill International S.A. (‘Cargill’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part of the undertaking Pagnan S.p.A. (‘Pagnan’, Italy) by way of purchase of assets. |
| --- | --- |

1.

On 3 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cargill International S.A. (‘Cargill’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part of the undertaking Pagnan S.p.A. (‘Pagnan’, Italy) by way of purchase of assets.

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






  — | Cargill is an international company active in a wide variety of business, including commodity trading and processing, and the marketing of non-branded food ingredients; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Cargill is an international company active in a wide variety of business, including commodity trading and processing, and the marketing of non-branded food ingredients;

| — | the part of Pagnan acquired by Cargill is active in the provision of inland water transport services. |
| --- | --- |

—

the part of Pagnan acquired by Cargill is active in the provision of inland water transport services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4082 — Cargill/Pagnan II, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4082 — Cargill/Pagnan II, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

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

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/9 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/9

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Prior notification of a concentration

(Case COMP/M.3985 — EADS/BAES/FNM/NLFK)

(2006/C 6/06)

(Text with EEA relevance)

| 1. | On 3 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings MBDA (‘MBDA’, France), which is controlled by EADS, BAE Systems (‘BAES’, UK) and Finmeccanica (‘FNM’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of LFK — Lenkflugkörpersysteme GmbH — TDW (‘NLFK’, Germany), currently jointly controlled by EADS Deutschland and MBDA, by way of purchase of shares. |
| --- | --- |

1.

On 3 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings MBDA (‘MBDA’, France), which is controlled by EADS, BAE Systems (‘BAES’, UK) and Finmeccanica (‘FNM’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of LFK — Lenkflugkörpersysteme GmbH — TDW (‘NLFK’, Germany), currently jointly controlled by EADS Deutschland and MBDA, by way of purchase of shares.

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






  — | for MBDA: supplier of guided weapons and guided weapons systems; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for MBDA: supplier of guided weapons and guided weapons systems;

| — | for LFK: aerospace and defence technology, in particular tactical missiles; |
| --- | --- |

—

for LFK: aerospace and defence technology, in particular tactical missiles;

| — | for EADS, BAE Systems and FNM: aerospace and defence technology. |
| --- | --- |

—

for EADS, BAE Systems and FNM: aerospace and defence technology.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3985 — EADS/BAES/FNM/NLFK, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3985 — EADS/BAES/FNM/NLFK, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

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

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/10 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/10

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Prior notification of a concentration

(Case COMP/M.3787 — Heinemann/HDS Retail)

Candidate case for simplified procedure

(2006/C 6/07)

(Text with EEA relevance)

| 1. | On 4 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Gebr. Heinemann (‘Heinemann’, Germany) and HDS Retail Deutschland GmbH (‘HDS Retail’, Germany), controlled by Lagardère SCA (‘Lagardère’, France), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking FERS Flughafeneinzelhandelsgesellschaft Relay Services GmbH (‘FERS’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 4 January 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Gebr. Heinemann (‘Heinemann’, Germany) and HDS Retail Deutschland GmbH (‘HDS Retail’, Germany), controlled by Lagardère SCA (‘Lagardère’, France), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking FERS Flughafeneinzelhandelsgesellschaft Relay Services GmbH (‘FERS’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | Heinemann: Wholesale and retail trade of consumer goods at airports, borders and on ships; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Heinemann: Wholesale and retail trade of consumer goods at airports, borders and on ships;

| — | HDS Retail: Retail of press and media products as well as consumer goods; |
| --- | --- |

—

HDS Retail: Retail of press and media products as well as consumer goods;

| — | FERS: Retail of press and media products as well as consumer goods at airports. |
| --- | --- |

—

FERS: Retail of press and media products as well as consumer goods at airports.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3787 — Heinemann/HDS Retail, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3787 — Heinemann/HDS Retail, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

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

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

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III Notices

Commission

| 11.1.2006 | EN | Official Journal of the European Union | C 6/11 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/11

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F-Lorient: operation of scheduled air services

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Lorient and Lyon

(2006/C 6/08)

1.   Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has decided to impose public service obligations on scheduled air services between Lorient (Lann-Bihoué) and Lyon (Saint-Exupéry). The standards required by these public service obligations were published in
  Official Journal of the European Union C 5 of 10.1.2006.

If on 1.6.2006 no air carrier has commenced or is about to commence operating scheduled air services between Lorient (Lann-Bihoué) and Lyon (Saint-Exupéry) in accordance with the public service obligations imposed and without requesting compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to only one carrier and to offer the right to operate such services from 1.7.2006 by public tender.

2.   Subject of the invitation to tender: Operation from 1.7.2006 of scheduled air services between Lorient (Lann-Bihoué) and Lyon (Saint Exupéry), in accordance with the public service obligations imposed on this route, published in
  Official Journal of the European Union C 5 of 10.1.2006.

3.   Participation in the invitation to tender: Participation is open to all Community air carriers who hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

4.   Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

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

Chambre de commerce et d'industrie du Morbihan, Direction des Equipements, 3 boulevard de la Rade, F-56100 Lorient. Tel. (33) 297 87 76 00, fax: (33) 297 37 22 19.

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

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

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

7.   Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years from the date scheduled for the commencement of the air services mentioned in point 2 of this invitation to tender.

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

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

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

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 6 will be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions must take account, where appropriate, of the number of flights cancelled for reasons attributable to the carrier, the number of flights made with a capacity lower than that required, the number of flights which did not comply with the public service obligations regarding stopovers and the number of days on which the public service obligations were not complied with regarding time at destination or the use of computerised reservation services.

11.   Presentation of tenders: Tenders must reach the following address before 17.00 (local time):

Chambre de commerce et d'industrie du Morbihan, direction des équipements, 3, boulevard de la Rade, F-56100 Lorient,

at the latest 6 weeks after the date of publication of this invitation to tender in the Official Journal of the European Union, and must be sent by registered letter with acknowledgement of receipt (the date on the latter will serve as proof of the date of receipt), or delivered by hand (in which case a receipt must be obtained).

12.   Validity of the invitation to tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents, by 1.6.2006, a programme for operating the route in question from 1.7.2006 in accordance with the public service obligations imposed, without receiving any financial compensation.

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| 11.1.2006 | EN | Official Journal of the European Union | C 6/13 |
| --- | --- | --- | --- |

11.1.2006

EN

Official Journal of the European Union

C 6/13

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S-Sundsvall: Operation of scheduled air services

Invitation to tender issued by the National Public Transport Agency (Rikstrafiken) under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of scheduled air services on the following route:

Östersund — Umeå

(2006/C 6/09)

(Text with EEA relevance)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, Sweden has decided to impose public service obligations in respect of scheduled air services operated on the above route. The terms of these public service obligations were published in
  Official Journal of the European Union C 64 of 2.3.1994.

Insofar as by 60 calendar days after publication of this notice no air carrier has commenced or is about to commence scheduled air services on the route mentioned above in accordance with the public service obligations imposed and without requesting financial compensation, Sweden has decided, in accordance with the procedure laid down by Article 4(1)(d) of the abovementioned Regulation, to limit access to only one air carrier and to offer by public tender the right to operate such services from 29.10.2006.

2.   Object of invitation to tender: Operation from 29.10.2006 of scheduled air services on the abovementioned routes in accordance with the public service obligations imposed in respect of that route and published in
  Official Journal of the European Union C 64 of 2.3.1994.

Tenders may be submitted only for the route:

Östersund — Umeå.

3.   Participation in invitation to tender: Participation is open to all air carriers holding a valid operating licence issued by a Member State under Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

4.   Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d)-(i) of Council Regulation (EEC) No 2408/92.

The tender is binding on the part of the bidder until 29.10.2006.

5.   Tender dossier: The complete tender dossier comprising the specific rules governing the invitation to tender, contract terms, description of the public service obligations, market conditions, etc. can be obtained free of charge from the following address:

Rikstrafiken, Box 473, S-851 06 Sundsvall,

or from registrator@rikstrafiken.se.

Tel. (46) 60 67 82 50; fax (46) 60 67 82 51.

6.   Financial compensation: All compensation under the contract will be in SEK. The tenders submitted will specify ate the amount required by way of compensation for operating the service for 2 years (with an annual breakdown) from 29.10.2006. The amount specified will be based on an assessment of the costs and revenue generated due to the public service obligations imposed and the contract.

7.   Price system and organisation: The tender dossier will specify various aspects of the price system and organisation that will form the basis for evaluation of the adequacy of the service and hence the selection among the tenders.

8.   Duration of contract: The duration of the contract term covers the period from contract signature by both parties until 1.3.2009 by which date the air carrier will have fulfilled its reporting obligations in accordance with the contract.

Scheduled air services on the route will commence on 29.10.2006 and cease after 25.10.2008.

9.   Contract amendment and termination: The contract may be amended only if the amendments conform to the public service obligations published in
  Official Journal of the European Union C 64 of 2.3.1994. Any amendment to the contract will be made in writing. Either party may terminate the contract, only if the other party fails to fulfil the contract and, despite notice in writing, does not make correction without delay. This is without prejudice to the right to terminate the contract in special cases for important reasons.

10.   Penalties for failure to fulfil the contract: The air carrier is responsible for performance of its contractual obligations. In the event of failure to perform, or incomplete performance of the contract by the air carrier for reasons of its own doing, Rikstrafiken is entitled to reduce the compensation payment or withhold such payment until correction has been made. Rikstrafiken reserves the right to claim damages.

11.   Submission of tenders: Tenders must be submitted no later than 60 calendar days after the publication of this notice in the Official Journal of the European Union. Tenders must be marked ‘Tender for air services, Rt 2005-190/32’ and with the tenderer's name. Tenders may be sent by post or messenger or delivered personally to the National Public Transport Agency (Rikstrafiken) at the following address:

Rikstrafiken, Esplanaden 11, Box 473, S-851 06 Sundsvall.

The opening hours of the National Public Transport Agency (Rikstrafiken) are 08.00-16.00 from Monday to Friday.

The tender and all documentation must be in Swedish or English and submitted in the original with 2 copies as well as on a CD-disc.

Tenders sent by telefax, telegram, telex or e-mail will not be accepted.

12.   Validity of the invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier presents, at the latest 60 calendar days after publication of this notice, its intention to operate the route in question with effect from 29.10.2006 in accordance with the public service obligations imposed, without exclusive rights and without any financial compensation.

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