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I Information

Commission

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Euro exchange rates (1)

18 July 2006

(2006/C 167/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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

(2006/C 167/02)

(Text with EEA relevance)

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(1)  Since the budget for the aid programme is not divided equally between the years, the overall budget is given here.

(2)  Since the budget for the aid programme is not divided equally between the years, the overall budget is given here.

(3)  In line with Rule 9 of Legal Notice 334/2005, Reinvestment Tax Credit (Income Tax) Rules 2005, this scheme will be adapted according to the rules applicable after the review of Commission Regulation (EC) No 70/2001.

(4)  In line with Rule 19 of Legal Notice 331/2005, Tax Credits (Back Office Operations) Rules 2005, this scheme will be adapted according to the rules applicable after the review of Commission Regulation (EC) No 70/2001.

(5)  In line with Rule 17 of Legal Notice 333/2005, Tax Credits (Electronic Business) Rules 2005, this scheme will be adapted according to the rules applicable after the review of Commission Regulation (EC) No 70/2001.

(6)  In line with Rule 13 of Legal Notice 330/2005, Deductions and Tax Credits (Research and Development) Rules 2005, this scheme will be adapted according to the rules applicable after the review of Commission Regulation (EC) No 70/2001.

(7)  amount of aid awarded to the firm expressed as gross grant equivalent

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Prior notification of a concentration

(Case COMP/M.4255 — Evraz/Strategic Minerals)

Candidate case for simplified procedure

(2006/C 167/03)

(Text with EEA relevance)

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

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

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Notice of initiation of an expiry review of the antidumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China

(2006/C 167/04)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China, (‘country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (2), as last amended by Council Regulation (EC) No 2117/2005 (3).

1.   Request for review

The request was lodged on 18 April 2006 by the Community Federation of Lighting Industry of Compact Fluorescent Lamps Integrated (2 CFL-i) (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of integrated electronic compact fluorescent lamps (CFL-i).

2.   Product

The product under review is electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot originating in the People's Republic of China (‘the product concerned’), currently classifiable within CN code ex 8539 31 90. This CN code is given only for information.

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1470/2001 (4).

4.   Grounds for the review

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

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the People's Republic of China on the basis of the price in an appropriate market economy country, which is mentioned in point 5.1(d). The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentence, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

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

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

In addition, the applicant alleges that any increase of imports at dumped prices from the country concerned would likely lead to further injury to the Community industry should measures be allowed to lapse.

5.   Procedure

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

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

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

(a)   Sampling

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

(i)   Sampling for exporters/producers in 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 formats indicated in point 7:

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

(ii)   Sampling for importers

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

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

(iii)   Final selection of the samples

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

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

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

If sufficient co-operation 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 any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which co-operated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting country concerned.

(c)   Selection of the market economy country

In the previous investigation Mexico was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. The Commission envisages to use Mexico again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   Procedure for the assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties who did not co-operate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

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

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

Companies selected in a sample must submit questionnaire replies within the time limit 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

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 labeled as ‘Limited (6)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-co-operation

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, 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, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favorable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

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(1)OJ C 254, 14.10.2005, p. 2.

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

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

(4)OJ L 195, 19.7.2001, p. 8.

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

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

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Notice of the impending expiry of certain anti-dumping measures

(2006/C 167/05)

2.   Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Division B-1), J-79 5/16, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  Telefax: (32-2) 295 65 05.

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Notice concerning an exemption granted to one company in Taiwan from the anti-dumping measures applicable to imports of glyphosate consigned from Taiwan

(2006/C 167/06)

The Commission published in August 2005 a notice (1) (‘the Notice’) informing interested parties of information received concerning a Taiwanese company that was granted an exemption from the anti-dumping measures extended in 2002 to imports of glyphosate consigned from Taiwan. Following such publication, the exemption granted to the company in question has been examined and the following conclusions have been reached.

A.   PROCEDURE

1.   Product and existing measures

The product concerned is glyphosate falling within CN codes ex 2931 00 95 and ex 3808 30 27.

The Council, by Regulation (EC) No 368/1998 (2), imposed definitive anti-dumping measures on imports of glyphosate originating in the People's Republic of China (‘the PRC’). In January 2002, following an anti-circumvention investigation pursuant to Article 13 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (3) (‘the basic Regulation’), the Council, by Regulation (EC) No 163/2002 (4), extended the duty imposed on imports of glyphosate originating in the PRC, to imports of glyphosate consigned from Malaysia and Taiwan (whether declared as originating in Malaysia or Taiwan or not), with the exception of those produced by Sinon Corporation in Taiwan and one named company in Malaysia.

Following reviews under Article 11(2) and Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 1683/2004 (5), imposed a definitive anti-dumping duty on imports of glyphosate originating in the PRC and extended this duty to imports of glyphosate consigned from Malaysia and Taiwan (whether declared as originating in Malaysia or Taiwan or not), again with the exception of those produced by Sinon Corporation in Taiwan and one named company in Malaysia.

2.   Scope of the notice

The information received by the Commission, in the form of a report from a leading company specializing in the supply of company-specific information relating to, inter alia, matters such as shareholdings, indicated the existence of a possible relationship between Sinon Corporation and a second Taiwanese company (‘the second Taiwanese company’), which, if confirmed, may have required the withdrawal of the exemption granted.

The Notice opened an examination to determine whether in fact Sinon Corporation met, at the time the exemption was granted, all the conditions for exemption from the measures extended to imports of glyphosate consigned from Taiwan and, if so, if it continued to meet these conditions.

3.   Examination period

The examination covered the period from 1 July 2004 to 30 June 2005 (the ‘EP’). Data from 2000 up until the EP was collected to examine any changes in the pattern of trade.

4.   Examination

The Commission sent a copy of the Notice to the Taiwanese authorities in order to allow them to comment and to provide information for the examination.

Questionnaires were sent to Sinon Corporation and to the second Taiwanese company. The Commission received a full questionnaire reply from Sinon Corporation and a partial reply from the second Taiwanese company. The information submitted by Sinon Corporation was verified at the company's premises in Taiwan.

A written submission was also received from the European Glyphosate Association which represents producers of glyphosate in the Community.

B.   FINDINGS

1.   Company links

During the examination, the information collected from all sources concerning the existence of a possible relationship between Sinon Corporation and the second Taiwanese company was verified, updated, where necessary, and examined.

An updated report from the company specializing in the supply of company-specific information was requested. This did not show the link between Sinon Corporation and the second Taiwanese company that had previously been reported. The specialist company in question declared that the information reported previously was inaccurate and that the relationship between Sinon Corporation and the second Taiwanese company was merely one of supplier/customer.

The examination confirmed that Sinon Corporation and the second Taiwanese company, both currently and in the past, have supplied and purchased goods to and from each other. It was found that there was a historic and ongoing close working relationship between the two companies. However, on the basis of the information received, the examination and verifications carried out during this examination, no evidence of a relationship between the two companies, other than one of supplier/customer, was found.

2.   Production and supply of glyphosate

Information received and verified during the examination shows that there is evidence of ongoing production of glyphosate by Sinon Corporation in sufficient volumes to account for consignments to the Community. It was established that the company had increased its production capacity for the product concerned. This had been achieved by the conversion of a production line which had been previously dedicated to a different product. The examination also established that all of the glyphosate consigned by Sinon Corporation to the Community was produced by that company. It is therefore considered that Sinon Corporation continues to meet all of the conditions for exemption from the measures extended to imports of glyphosate consigned from Taiwan.

3.   Conclusions

On the basis of the above, it is concluded that there is no evidence to show that the conditions for exemption were not met at the time the exemption was granted, to the extent that no evidence of a relationship between Sinon Corporation and the second Taiwanese company, other than one of supplier/customer was found. Moreover, it is found that the conditions for exemption continue to be met to the extent that the examination established that all of the glyphosate consigned by Sinon Corporation to the Community was produced by that company.

The parties concerned were informed of the findings and conclusions resulting from this examination and were given the opportunity to comment. No comments were received.

C.   TERMINATION OF THE EXAMINATION

On the basis of the above, the current examination is hereby terminated, leaving the exemption from the anti-dumping measures extended to imports of glyphosate consigned from Taiwan, which was granted to Sinon Corporation, in place and unchanged.

If any material information provided by parties during the course of this examination is, at any time in the future, found to have been inaccurate, a further examination may be carried out to consider whether or not the above conclusions should be revised.

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(1)OJ C 200, 17.8.2005, p. 3.

(2)OJ L 47, 18.2.1998, p. 1. Regulation as last amended by Regulation (EC) No 1086/2000 (OJ L 124, 25.5.2000, p. 1).

(3)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(4)OJ L 30, 31.1.2002, p. 1.

(5)OJ L 303, 30.9.2004, p. 1.

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III Notices

Commission

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Call for proposals under the multiannual Community Programme on promoting safer use of the Internet and new online technologies

(Safer Internet plus)

(2006/C 167/07)

(Text with EEA relevance)

1.   Objectives and description

The European Commission has adopted a Work Programme and a call for proposals to implement the Safer Internet plus Programme (1).

The present call is open for proposals addressing the following actions:

1.   Fighting against Illegal Content

2.   Tackling unwanted and harmful content

3.   Promoting a Safer Environment

4.   Awareness-raising

2.   Eligible applicants

Participation in the Safer Internet plus programme is open to legal entities established in the 25 Member States.

It is further open to legal entities established in Bulgaria, Croatia, Romania, Turkey and the Former Yugoslav Republic of Macedonia, if a bilateral agreement with the relevant country has been concluded to this effect. It is open to legal entities established in EFTA States that are contracting parties to the EEA Agreement (Iceland, Liechtenstein, Norway), in accordance with the provisions of that Agreement (2).

The participation of legal entities established in third countries and of international organisations is possible, though without financial support from the Community.

3.   Budget

The total budget earmarked for co-financing indirect actions (grant agreements concluded with third parties) is estimated at EUR 6,9 million.

4.   Deadline

The deadline for receipt of proposals by the Commission is 29 September 2006 at 17:00 (Luxembourg local time).

5.   Further information

The full text of the call for proposals and the application forms are available on the following web site:

http://ec.europa.eu/saferinternet

All applications must comply with the specifications and conditions described in the full text of the call for proposals, the Work Programme and the Guide for proposers which are available in English on the Commission's above-mentioned internet site. These include information on how to prepare and submit proposals.

The evaluation of proposals will be based on the principles of transparency and equality of treatment. It will be carried out by the Commission with the assistance of outside experts. Each submission will be assessed on the basis of the evaluation criteria set out in the Safer Internet plus 2006 Work Programme.

All proposals received by the European Commission will be treated in strict confidence.

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(1)  Decision No 854/2005/EC of 11 May 2005 of the European Parliament and the Council adopting a multiannual Community Programme on promoting safer use of the Internet and new online technologies OJ L 149, 11.6.2005, p. 1.

(2)  Up-to-date information on which countries are part of the programme is published in the Official Journal of the European Union. An up-to-date list is also available on the programme website at

http://ec.europa.eu/saferinternet.

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NOTICE

On 19 July 2006, in Official Journal of the European Union C 167 A, the ‘Common catalogue of agricultural plant species — Fourth supplement to the 24th complete edition’ will be published.

Subscribers to the Official Journal may obtain the same number of copies and language versions of this Official Journal as those to which they subscribe free of charge. They are requested to return the attached order form, duly completed and bearing their subscription registration number (code appearing on the left of each label and beginning with: O/..........). This Official Journal will remain available free of charge for one year from the date of its publication.

Non-subscribers can order this Official Journal against payment from one of our sales offices (see http://publications.europa.eu/others/sales_agents_en.html).

This Official Journal — like all Official Journals (L, C, CA, CE) — can be consulted free of charge online at http://eur-lex.europa.eu.

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