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I Information

Commission

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Euro exchange rates (1)

30 October 2006

(2006/C 262/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Prior notification of a concentration

(Case COMP/M.4455 — Schmolz + Bickenbach/Swiss Steel)

Candidate case for simplified procedure

(2006/C 262/02)

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

(2006/C 262/03)

(Text with EEA relevance)

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

(2006/C 262/04)

XA Number: XA 57/06

Member State: United Kingdom

Region: Highlands and Islands of Scotland

Title of Aid scheme: Highlands and Islands Croft Entrant Scheme

Legal Basis: 

Title: 

‘An Act to provide for the administration of sums available for the improvement of Congested Districts in the Highlands and Islands of Scotland’.

Title: 

Under this Act, ‘all the powers and duties invested in or imposed on the Congested Districts (Scotland) Commissioners by the Congested Districts (Scotland) Act 1897, shall, subject as aforesaid, be vested in, transferred to, and imposed on the Board’. This refers to the Board of Agriculture which was superseded by the Department of Agriculture for Scotland in 1929, and is now the Scottish Executive Environment and Rural Affairs Department.

Title: 

Under this Act provision was made for Scottish Enterprise and Highlands and Islands Enterprise to ‘...do anything, whether in Scotland or elsewhere, which is calculated to facilitate or is incidental or conducive to the discharge of their respective functions;...’ S8(1)(a)(i) included the specific provision to make grants.

Title: 

Section 42(1) of this act includes provision that ‘the Secretary of State may, after consultation with the (Crofters) Commission and with the approval of the Treasury, make schemes for providing grants and loans to crofters’

Annual expenditure planned under the scheme: 

Maximum aid intensity: 35 % up to a maximum of GBP 3 000

Date of implementation: 

Duration of scheme: The scheme will open on 21 July 2006. The scheme will close on 31 December 2008 with the last payments being made by 31 March 2009. However alterations may need to be made to the scheme rules before this time to reflect any changes to European state aid rules

Objective of aid: The general aim of the Scheme is reversing population decline and improving the age structure of the population in certain crofting areas. This complies with Rural Development Regulation Articles 7 & 8 in relation to Aid for setting up Young Farmers and Article 8 of the Exemption regulations 1/2004

This objective will be met by

Identifying suitable would be young entrants to crofting

Facilitating entry into crofting of suitable young entrants

Providing financial support, administrative advice and guidance to assist young would be entrants to establish themselves in crofting.

Sectors concerned: Agriculture

Name and Address of the granting authority: 

Web address: Highlands and Islands Croft Entrant Scheme Leaflet:

http://www.crofterscommission.org.uk/documents/060607-HighlandsandIslandsCroftEntrantScheme-InformationBooklet2006.pdf

Other information: Further and more detailed information relating to eligibility and rules for the scheme can be found in the weblink above.

Signed and dated on behalf of the Department of Environment, Food and Rural Affairs (UK competent authority)

Neil Marr

Agricultural State Aid Advisor

Defra

8E 9 Millbank

c/o 17 Smith Square

London

SW1P 3JR

United Kingdom

XA Number: XA 62/2006

Member State: United Kingdom

Title of Aid scheme or name of company receiving an individual aid: Rural Enterprise Gateway's Collaboration Service

Legal basis: Section 5 of the Regional Development Agencies Act 1998

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: 1.6.2006 to 31.3.2007: GBP 60 000

Maximum aid intensity: 100 %

Date of implementation: 

Duration of scheme or individual aid award: The scheme closes to new applicants on 31 March 2007. The last date for submitting grant claims is 31 May 2007. However alterations may need to be made to the scheme rules before this time to reflect any changes to European state aid rules

Objective of aid: Sector development — the aim of the scheme is to encourage, promote and support collaborative activity between agricultural and land-based businesses.

The eligible costs will be consultancy services in line with Article 14 of Regulation 1/2004

Sector(s) concerned: The scheme applies to all agricultural businesses, including production, processing and marketing. The scheme is open to all sub-sectors

Name and address of the granting authority: The statutory body responsible for the scheme is:

South West Regional Development Agency

Sterling House

Dix's Field

Exeter

EX1 1QA

United Kingdom

Web-Address: The Rural Enterprise Gateway website, which is www.sw-gateway.com; the REG Collaboration Service text can be found on the website at

http://www.sw-gateway.com/index.html?contact_categories.cfm~mainframe

Select Farming and Food Partnership, then scroll down the page and select download document

Other information: The scheme will be made available to all rural businesses, not just agricultural businesses. Aid to non-agricultural businesses will be paid with regard to Commission Regulation 69/2001 on de minimis aid.

Signed and dated on behalf of the Department of Environment, Food and Rural Affairs (UK competent authority)

Neil Marr

Agricultural State Aid Advisor

Defra

8E 9 Millbank

c/o 17 Smith Square

London

SW1P 3JR

United Kingdom

XA number: XA 63/2006

Member State: France

Region: Midi-Pyrénées — département des Hautes-Pyrénées

Parc National des Pyrénées [Pyrenees National Park] (peripheral areas)

Title of aid scheme: Aid to conserve biodiversity, the landscape and traditional buildings

Legal basis: 

Annual expenditure planned under the scheme: EUR 100 000

Maximum aid intensity:: A ceiling has been set on grants towards investments of EUR 7 500 by holding and by five-year period (this amount is increased to EUR 17 500 for projects to renovate traditional buildings).

For investments in small mountain equipment used in the production process and necessary to maintain the value of natural hay meadows:

Aid may not entail any increase in production capacity but may help improve feed autonomy. Second-hand equipment is not eligible.

For the renovation of traditional barns, building and landscape heritage features linked to natural hay meadows which play a role in the production process:

In the case of projects to renovate traditional buildings, the scheme complements the national mechanism providing a financial contribution towards the additional costs generated by the specifications for the renovation of traditional buildings.

The aid is subject to the condition that renovation does not increase production capacity.

Maximum 75 % for investments in work to rehabilitate landscape features (with no part-financing)

Nature of operations eligible for aid: 

Conditions for eligibility: In the case of the complementary aid, beneficiaries must comply with Ministry of Agriculture, Food, Fisheries and Rural Affairs circulars DGFAR/SDEA/C2005-5008 of 22 February 2005 and DGFAR/SDEA/C2005-5004 DPEI/SDEA/C2005-4005 of 24 January 2005.

Aid to maintain the production potential and value of natural grassland may moreover be provided at the request of the farmer and on the basis of an analysis of the natural hay meadows and a sustainable development project which must guarantee:

the environmental benefit of the project;

that it will not entail any increase in production capacity.

The Pyrenees National Park standing committee may adopt more restrictive conditions.

Aid will be monitored and targeted by the Hautes-Pyrénées Departmental Directorate for Agriculture and Forestry

Date of implementation: On receipt of an acknowledgement of receipt from the European Commission

Duration of scheme: Ends 31 December 2006.

The aid scheme may be extended until 2010 (when the Pyrenees National Park development programme comes to an end) when the annual vote is taken on the budget of the Pyrenees National Park by its management board

Objective of aid: The aim of the aid is to help maintain the specific mountain biodiversity and that of neighbouring landscapes by supporting certain investment projects by agricultural holdings focusing on traditional practices. Mountain and hill farming is very diverse, with a strong grazing base, with fodder resources provided almost exclusively by natural vegetation. Grazing is often associated with a high degree of biodiversity in mountain areas, as grazing pressure opens up mountain environments and creates exclusive habitats with a range of flora and fauna. In view of their natural heritage value and practical value, and their importance at European, national and regional level, grazing meadows are an extremely important natural environment. Thus grazing and farming activity play a key role in maintaining the variety of natural habitats which are the source of biodiversity.

Abandoning grazing would ‘close off’ the environments and result in their impoverishment and hence a long-term decline in biodiversity.

Mountain biodiversity is of great natural value in enabling the existence of a number of endemic animal and plant species in isolated environments. Like islands and deserts, mountain areas (particularly the Pyrenees) are geographical areas with the highest rates of endemic species. The number of species inhabiting mountain areas is highly dependent on the degree of openness of these mountains to the neighbouring plains and hills.

This aid is intended primarily for smallholdings, with a production system built on natural hay meadows requiring a great deal of labour input (which cannot be mechanised). It does not aim to increase production capacity. It must contribute to the maintenance of mountain and hill farming by encouraging investments which help maintain productivity and preserve the fodder production potential of traditional livestock-farming infrastructures

Sector(s) concerned: All agricultural holdings in the Pyrenees National Park (central and peripheral areas)

Name and address of the granting authority: 

Website: http://www.parc-pyrenees.com/francais/documentation/exemptionpdf/exemption.pdf

XA Number: XA 64/06

Member state: Slovak Republic

Region: Western Slovakia

Title of aid scheme or name of the company receiving an individual aid: 

Legal basis: 

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: SKK 3 226 779 i.e. EUR 84 311,742 (exchange rate in force on 23.6.2006)

Maximum aid intensity: 40 %

Date of implementation: 2006

Duration of scheme or individual aid award: July 2006

Objective of aid: SME — Agriculture

Sector concerned: Agriculture

Name and address of the granting authority: 

Web address: www.socpoist.sk

XA number: XA 65/06

Member State: Poland

Region: Śląskie Voivodship

Title of aid scheme or name of company receiving an individual aid: Rolnicza Spółdzielnia Produkcyjna ‘Przełom’

Legal basis: Ustawa dnia 27 kwietnia 2001 r. Prawo ochrony środowiska (Dz.U. nr 62, poz. 627, z późniejszymi zmianami) — art. 405, art. 406 pkt 4 i 7a, art. 409

Annual expenditure planned or overall amount of individual aid granted to the company: The aid is granted as a soft loan of PLN 1 835 976. The loan will be paid out until 30 September 2006. Repayment will be made between January 2008 and October 2018.The gross grant equivalent amounts to PLN 262 534,36

Maximum aid intensity: The gross aid intensity is 11,97 %

Date of application: After confirmation, by means of a notification and identification number, that the European Commission has received this summary information on the individual aid in question and following its publication in the Official Journal of the European Union

Duration of scheme or individual aid award: Estimated — from June 2006 to October 2018.

Objective of aid: The aid is intended to build a plant for the mechanical, chemical and biological treatment of sewage at the Przełom farming cooperative in Bujaków, with a view to maintaining and improving environmental protection standards by reaching the reference values laid down for treated sewage.

Sewage at the Pzełom farming cooperative is currently treated in a plant that is over twenty years old. This investment is needed because the technology used is unable to ensure that the values for treated sewage laid down in the regulations in force are reached (Decree of the Minister for the Environment of 8 July 2004 on the conditions to be met as regards the release of sewage into the water or onto the land and on the substances that are particularly harmful to the aquatic environment). On 30 January 2006 the Environmental Inspector for the Śląskie Voivodship in Katowice decided to fine the Prełom farming cooperative PLN 54 128,7 for having spread sewage on the land in violation of the conditions laid down in the permit issued pursuant to the Water Law.

Under a sewage collection contract the current treatment plant also treats effluent from the processing of fruit and vegetables at the ROLNIK Sp. z.o.o. factory.

It is planned to build a mechanical and chemical treatment plant (primary treatment) with a biological unit (secondary treatment using SBR reactors). The treated wastewater will be discharged into the Jasienica watercourse through an open culvert.

The aid will be granted under Article 4 of Regulation (EC) No 1/2004 for an investment to modernise the Pzełom farming cooperative's sewage treatment plant. The eligible costs will include the investment costs associated with building the treatment plant

Sector(s) concerned: The aid is granted to a food business (cereals growing, raising and slaughtering of pigs, meat and cured meats production

Name and address of the granting authority: The aid is granted from the Wojewódzki Fundusz Ochrony Środowiska i Gospodarki Wodnej w Katowicach (Voivod Fund for the Protection of the Environment and Water Management in Katowice), ulica Plebiscytowa 19, 40-035 Katowice

Web address: www.wfosigw.katowice.pl

Other information: The gross amount of aid (gross aid intensity) will be calculated in accordance with the definition laid down in Article 2(5) of Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products. This is the relationship of the gross grant equivalent to the eligible costs.

The gross grant equivalent resulting from the soft loan will be calculated in accordance with the Rozporządzeniem Rady Ministrów z dnia 11 sierpnia 2004 r. w sprawie szczegółowego sposobu obliczania wartości pomocy publicznej udzielanej w różnych formach (Decree of the Polish Council of Ministers of 11 August 2004 on the method of calculating the value of public aid granted in various forms) (Polish Official Gazette No 194, item 1983). The gross grant equivalent is PLN 262 534,36.

Eligible costs attracting assistance: PLN 2 192 867.

Total gross aid: PLN 262 534,36/2 192 867 = 11,97 %

The gross grant equivalent and the gross aid intensity have been calculated on the assumption that the loan will be paid out in the following instalments:

Aid No: XA 66/06

Member State: France

Title of aid scheme: Aid for the payment of insurance premiums and contributions relating to losses caused by various adverse weather conditions, covering in each case at least drought, hail, frost and flooding or excessive rainfall

Legal basis: 

Annual expenditure planned under the scheme: EUR 30 million from the National Guarantee Fund for Agricultural Disasters (FNGCA)

Maximum aid intensity: 35 % of the premium or contribution invoiced to the insured party, net of tax, for eligible cover. Eligible cover concerns the part of the contract with an excess of 25 % in the case of crop insurance, and 20 % in the case of farm insurance. Aid percentages are increased by 5 % for young farmers who have been established for less than 5 years

Date of implementation: 2006

Duration of scheme: One year

Objective of aid: To promote the spread of insurance against various agricultural risks. The insurance premiums for which aid is granted are those referred to in Article 11 of Commission Regulation (EC) No 1/2004

Sector(s) concerned: Enterprises involved in the primary production of fruit, vegetables, vines, cereals, oilseeds and protein plants

Name and address of the granting authority: 

Address of website: www.agriculture.gouv.fr

Under the heading ‘Ressources’ in the ‘Recherche’ section, enter ‘Calamités’

Aid No: XA 67/06

Member State: France

Region: Département de Loire-Atlantique

Title of aid scheme: Aid to promote discussions by groups of farmers of common problems associated with sustainable development (1)

Legal basis: 

Annual expenditure planned under the scheme: EUR 150 000

Maximum aid intensity: 

Date of implementation: 

Duration of scheme: One year renewable on the basis of an annual assessment indicating any changes to be made and the date when the current arrangements will cease

Objective of aid: To promote projects consistent with sustainable development, as part of a collective approach. Initially (2006-2007), seven groups representing 85 farmers will be involved. The achievements of the groups will be disseminated to promote the values of sustainable development which this collective dynamic will have demonstrated

Sector(s) concerned: All sectors of agricultural production

Name and address of the granting authority: 

Web address: www.cg44.fr

XA Number: XA 68/06

Member State: United Kingdom

Region: Kent Downs Area of Outstanding Natural Beauty.

Title of Aid scheme or name of company receiving an individual aid: The Kent Downs Rural Advice Service

Legal basis: Sections 84 and 85 of The Countryside and Rights of Way Act 2000

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: 1 August 2006 to 31 March 2007: GBP 12 000

Maximum aid intensity: 100 %

Date of implementation: 

Duration of scheme or individual aid award: The scheme will close to new applicants on 31 March 2007. Aid will be paid until 30th June 2007

Objective of aid: Sectoral Development

The objective of the aid is to provide timely advice which will lead to diversification changes that are financially viable, environmentally sound and acceptable in planning terms. The aid is being implemented under Article 14 of Regulation 1/2004. The eligible costs are consultancy services

Sector(s) concerned: Farmers and land based rural businesses are defined as those growing and harvesting combinable crops, field vegetables, salad crops, ornamentals (including nursery stock, flowers and bulbs), herbage seeds and turf, beef sheep, pigs, dairy products, poultry and eggs, serviced tourist accommodation on farms (bed and breakfast) self catering tourist accommodation, provision of horse livery and riding stables or farm-based visitor attractions

Name and address of the granting authority: 

The organisation operating the scheme is

Web address: http://www.kentdowns.org.uk/Rural%20Advice.htm

Scroll down the page and click on the Defra State Aid link on the right hand side

Other information: The Scheme will be made available to all land managers, not just farmers. Aid for non-agricultural activities will be paid with regard to Commission Regulation 69/2001 on de minimis aid or any Regulation which replaces it. Aid will also be available in connection with diversification from farming into non-agricultural activities.

Beneficiaries will not be able to choose the service provider. The service provider will be The Kent Downs Rural Advice Service (KDAS) who will provide consultants who were selected using a tendering exercise.

The existing Kent Downs Rural advice services scheme XA 43/2005 is due to expire on 31 July 2006. This measure will extend the scheme from 1st August 2006 to 31 March 2007, also increasing the budget further by GBP 12 000. There are no other changes that occur to the scheme and the details remain the same.

Signed and dated on behalf of the Department of Environment, Food and Rural Affairs (UK competent authority)

Neil Marr

Agricultural State Aid Advisor

Defra

8E 9 Millbank

c/o 17 Smith Square

London

SW1P 3JR

United Kingdom

Aid Number: XA 70/06

Member State: Italy

Region: Veneto

Title of aid scheme or name of company receiving an individual aid: Annual plan for training in agriculture — Academic year 2006/07. Decision No 2113 of 4 July 2006 of the Veneto Regional Government

Legal basis: L. 845/1978 ‘Legge quadro in materia di formazione professionale’

L.R. n. 10 del 30.1.1990‘Ordinamento del sistema della formazione professionale e organizzazione delle politiche regionali del lavoro’

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Decision No 2113 of 4 July 2006 of the Veneto Regional Government authorised the allocation of EUR 2 000 000 of regional funds under regional budget heading 72040 for 2006.

Training at the workplace pursuant to the above law and aimed at agricultural workers is eligible for the scheme

Maximum aid intensity: Under Article 14(c)(3) of Regulation (EC) No 1/2004, the overall amount of aid granted may not exceed EUR 100 000 per beneficiary for a three-year period, or 50 % of the eligible costs (whichever is greater)

Date of application: Aid is granted after the scheme is authorised by a Decision of the Regional Government and published in the Veneto Region's Official Gazette

Duration of scheme or individual aid award: The aid scheme ends after the final results of the statement of costs are verified, in any case by 30 June 2009

Objective of the aid: The Veneto Region allocates resources for implementing continuing vocational training programmes that support farmers and their assistants, technical support staff and other tradesmen working in the agricultural sector with the aim of:

promoting a culture of entrepreneurship;

improving the occupational qualifications of agricultural workers;

raising awareness of technological innovations.

Regional Law No 2113/2006 refers to Article 14 of Regulation (EC) No 1/2004. In particular, the eligible costs covered by the aid scheme are those involved in implementing the training programme

Sector(s) concerned: The scheme applies to vocational training in agriculture for individuals who qualify for education and training under Law No 53/2003

Name and address of granting authority: 

Website: www.regione.veneto.it/servizi alla persona/formazione e lavoro/formazione continua e permanente

Other information: For further details: Direzione Regionale Formazione

Tel. 0039 412795030 5029

Fax 0039 412795085

Aid number: XA 71/06

Member State: Poland

Region: Śląskie Voivodship (Województwo Śląskie)

Title of aid scheme or name of the company receiving individual aid: 

Legal basis: Ustawa z dnia 27 kwietnia 2001 r. Prawo ochrony środowiska (Dz.U. nr 62, poz. 627, z późniejszymi zmianami) — art. 405, art. 406, pkt 7, 7a, art. 409 pkt 4 oraz art. 411 pkt 3

Annual expenditure planned or overall amount of individual aid granted to the company: Aid is provided in the form of partial remission (under the Law on Environmental Protection) of a preferential loan granted in 2000 for the implementation of the task ‘Modernization of the wastewater treatment plant at the Aleksandria Meat Processing Works’.

Gross aid (GGE) equals PLN 102 840

Maximum aid intensity: The gross aid intensity is 50 %

Date of application: Following confirmation, by means of a notification and identification number, that the European Commission has received this summary information on the individual aid in question and following its publication in the Official Journal of the European Union

Duration of scheme or individual aid award: From August 2006 until October 2006

Objectives of aid: The aid is intended for the implementation of the task ‘Sanitary hot water supply installation with heat recuperation from refrigeration unit and reduction of water and chemicals consumption at the return containers washing unit’. As part of the projected investment, a sanitary hot water supply installation will be executed that will enable heat recuperation from the chiller now in place; the installation will consist of heat exchangers, a hot water tank and a hot water container, circulating pumps and fittings; a return containers washing unit will also be established with automatic detergent dosage and a washings recuperation unit.

This task will have an environmental effect of enabling heat recuperation and reducing dust and gas emissions by the following amounts: dust: 0,0102 Mg/a, SO2: 0,0216 Mg/a, NO2: 0,0284 Mg/a, CO: 0,0034 Mg/a, CO2: 9,369 Mg/a; water consumption will be reduced by 780,0 m3 per year

Relevant sectors: The aid is granted to a food business (production of meat and cured meat products)

Name and address of granting authority: The aid is granted from the Wojewódzki Fundusz Ochrony Środowiska i Gospodarki Wodnej w Katowicach (Voivod Fund for the Protection of the Environment and Water Management in Katowice), ul. Plebiscytowa 19, 40-035 Katowice.

Web address: www.wfosigw.katowice.pl

Other information: The gross amount of aid (gross aid intensity) was calculated in accordance with the definition laid down in Article 2(5) of Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products. This is the relationship of the gross grant equivalent to the eligible costs.

The gross grant equivalent resulting from the awarded partial remission of preferential loan was calculated in accordance with the Rozporządzenie Rady Ministrów z dnia 11 sierpnia 2004 r. w sprawie szczegółowego sposobu obliczania wartości pomocy publicznej udzielanej w różnych formach (Decree of the Polish Council of Ministers of 11 August 2004 on the method of calculating the value of public aid granted in various forms) (Polish Official Gazette No 194, item 1983). The gross grant equivalent: PLN 102 840.

Eligible costs: PLN 205 679,48.

Total gross aid: PLN 102 840 PLN/205 679,48 PLN = 50 %

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(1)  Examples of proposed topics: utilisation of pasture, development of biofuels, local management of green waste, transfer of holdings, protection of water resources, information management.

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

(2006/C 262/05)

(Text with EEA relevance)

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Notice of initiation of an interim review of the antidumping measures applicable to imports of ferro molybdenum originating in People's Republic of China

(2006/C 262/06)

The Commission has decided on its own initiative to initiate a full review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1).

1.   Product

The product under review is ferro molybdenum, originating in People's Republic of China (‘the product concerned’), currently classifiable within CN code 7202 70 00. This CN code is given only for information.

2.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 215/2002 of 28 January 2002 (2).

3.   Grounds for the review

In the context of a potential suspension of measures, several interested parties provided evidence concerning different aspects of the adequacy of the measures, including dumping and injury. Altogether, the corpus of evidence at the Commission disposal indicates that the circumstances on the basis of which the existing measures were established have changed to an extend that the existing measures may no longer be adequate, and that certain of these changes appear to be of a lasting nature.

3.1.   Dumping

Prima facie evidence indicates that significant dumping is likely to recur, albeit at a lower level than that found in the investigation on the basis of which the existing measures were established. This prima facie finding was based on a comparison between normal value for the People's Republic of China, established in accordance with the provisions of Article 2(7)(a) of the basic Regulation (analogue country) and export prices to the Community as well as to appropriate third countries.

3.2.   Injury

Prima facie evidence indicates that a number of aspects appeared to have undergone lasting changes. Price increases emanating from changes in the demand-supply balance at world level, together with the current price and cost situation of a Community industry, which now has an additional producer, point to likely injury margins which, though significant, are below the level of the duty in force.

At the same time, it appears that the existing measures and the decrease of Chinese imports, have allowed the Community industry to recover from the injurious dumping, but not to the extent that would have been expected in a context of a booming market.

For the reasons above, a full review of the measures is warranted. Such a review would also allow for the re-assessment of Community interest aspects, including the impact of measures on users. Indeed, the substantially higher price levels in the market may imply that the impact of measures on users may be much more significant than originally calculated.

4.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

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

The investigation will determine the need for the continuation, removal or amendment of the existing measures.

(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 5(b)(i) and in the format indicated in point 6:

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 to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 7 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 5(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 5(b)(iii) and must cooperate 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 7.

(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 People's Republic of China, to any association of exporters/producers, to the importers, to any association of importers which co-operated in the investigation leading to the measures subject to the present review or otherwise known to the Commission, and to the authorities of the exporting country concerned.

In any event, all interested parties should contact the Commission forthwith by fax in order to request, if necessary, a questionnaire within the time limit set in point 5 (a)(i), given that the time limit set in point 5(a)(ii) applies to all interested parties.

Exporters/producers in People's Republic of China claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 5(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 5(a)(i). 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 must reach the Commission within the time limit set in point 5(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 5(a)(iii).

(d)   Selection of the market economy country

In the previous investigation the United States of America 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 using the United States of America 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 5(c) of this notice.

(e)   Market economy status

For those exporters/producers in the People's Republic of China which 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 paragraph 5(d) of this notice. The Commission will send claim forms to all exporters/producers in the People's Republic of China who have requested an individual margin as well as to the authorities of the People's Republic of China.

4.2.   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, amend 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 time limits set in point 5(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 5(a)(ii). 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.

5.   Time limits

(a)   General time limits

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

All interested parties who did not co-operate in the investigation leading to the measures subject to the present review 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 5(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

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

Parties to the investigation may wish to comment on the appropriateness of the United States of America which, as mentioned in point 4.1(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

Duly substantiated claims for market economy status, as mentioned in paragraph 4.1(e) of this notice, must reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

6.   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:

7.   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 favourable to that party than if it had cooperated.

8.   Schedule of the investigation

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

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(1)OJ 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.).

(2)OJ L 35, 6.2.2002, p. 1.

(3)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample, article 9(5) of the basic Regulation concerning individual treatment in cases involving non market economy countries/economies in transition, and article 2(7)(b) of the basic Regulation for companies claiming market economy status. 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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III Notices

Commission

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Youth in Action

Action 4.1

CALL FOR PROPOSALS No 1/2007

Call for proposals regarding support for bodies active at European level in the field of youth

(2006/C 262/07)

1.   INTRODUCTION

The European Commission's proposal regarding the ‘Youth in Action’ programme for the 2007-2013 period has not yet been formally adopted by the EU legislature. Nonetheless, the Commission and the Education, Audiovisual and Culture Executive Agency (‘the Agency’) have decided to publish this call for proposals now to enable prompt implementation of this programme after the adoption of its legal basis by the EU legislature, which should take place soon, and to enable potential beneficiaries of Community grants to prepare their proposals as soon as possible.

This call for proposals concerns programme action 4.1 whereby bodies active at European level in the field of youth will receive support. Neither the Commission nor the Agency are legally bound by this call for proposals which refers to grants to be awarded for 2007. It may be cancelled and calls for proposals with different specifications may be issued, with appropriate time limits for response, should the legal basis be substantially altered by the EU legislature.

Furthermore, implementation of the 2007 call for proposals is subject to the following conditions being met, over which the Commission and the Agency have no control:

2.   OBJECTIVES

The ‘Youth in Action’ programme aims to promote active citizenship in young people, encourage solidarity and tolerance, foster mutual understanding between young people from different countries and develop European cooperation on youth matters. In addition the programme will contribute to improvements in the quality of support systems for youth activities and further develop the capabilities of civil society organisations working with young people.

The programme's objectives are stated in the proposal for a Decision creating the ‘Youth in Action’ programme and set out in the programme guide.

The programme provides bodies pursuing an aim of general European interest in the field of youth with support for their regular activities in this field. These activities must help encourage young people to participate as citizens in public life, in society and in the development and implementation of EU cooperation actions in the broadly defined field of youth.

Tendering bodies are particularly encouraged to develop initiatives linked to active citizenship amongst young people, the involvement of young people in democratic life, recognition of cultural diversity and the inclusion of young people who have fewer opportunities.

An annual operating grant may be awarded to help such bodies meet their operating costs.

3.   ELIGIBLE APPLICANTS

Applications that meet the following criteria will be considered in detail.

3.1.   Eligible bodies

To be eligible for an operating grant, a body must:

3.2.   Eligible countries

Bodies established in any one of the following countries are eligible to apply:

Those bodies applying must have active member organisations in at least eight of the aforementioned countries.

4.   BUDGET

The total budget earmarked for the cofinancing of the operation of bodies active at European level in the field of youth is estimated at EUR 2 400 000 for 2007. Financial assistance from the Commission cannot exceed 80%of the total operating costs approved by the Commission. The maximum Community grant for each body will be EUR 35 000.

5.   DEADLINE

Applications must be sent to the Commission no later than 22 December 2006.

6.   FURTHER INFORMATION

Applications must comply with the provisions contained in the full text and be submitted on the form provided for this purpose. Said documents can be found on the Internet at the following addresses:

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GR-Elliniko: operation of scheduled air services

Invitation to tender for contracts for the operation of scheduled air routes subject to public service obligations, issued by the Hellenic Republic under Article (4)(1)(d) of Council Regulation (EEC) No 2408/92

(2006/C 262/08)

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, the Greek Government has decided to impose a public service obligation from 1.4.2006 in respect of scheduled services on the following routes:

Athens — Kalimnos,

Thessaloniki — Kalamata,

Thessaloniki — Limnos — Ikaria.

The stipulations of the public service obligation were published in the ‘Official Journal of the European Union’ C 260 of 28.10.2006.

If, by 1.4.2007, no air carrier has declared to the Civil Aviation Authority that it intends to operate scheduled flights on 1 or more of the above routes from 1.5.2007 in accordance with the stipulations of the public service obligation for the route or routes concerned and without financial compensation, Greece has decided that, under the procedure laid down in Article 4(1)(d) of the said Regulation, it will initiate the procedure to limit access to 1 or more of the above routes (as stated in the next article) to a single air carrier for 3 years and to offer the right to operate the routes concerned from 1.5.2007 by public tender.

2.   Object of the invitation to tender: The exclusive right to operate scheduled air services on the following routes subject to public service obligations for 3 years from 1.5.2007.

Athens — Kalimnos,

Thessaloniki — Kalamata,

Thessaloniki — Limnos — Ikaria.

Services on these routes are to be operated in accordance with the stipulations of the corresponding public service obligation, which was published in the ‘Official Journal of the European Union’ C 260 of 28.10.2006.

Tenders may be submitted for 1 or more of the above routes. However, all tenders shall be submitted separately for each of the above routes.

Because of the special nature of the air routes concerned, air carriers must be able to demonstrate that cabin crew serving passengers on the above routes speak and understand Greek.

3.   Participation in the tender procedure: All air carriers holding a valid operating licence issued by a Member State pursuant to Council Regulation (EEC) No 2407/92 on licensing of air carriers may take part in the tender procedure.

4.   Tender procedure: This tender procedure is subject to the provisions of Article 4(1)(d)-(i) of Council Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes.

In an emergency, if it is decided to repeat the tender procedure (on account of the unsuccessful outcome of the initial procedure), the Ministry of Transport and Communications may take the necessary measures to ensure that the vital air transport needs of a particular remote region are covered, provided such measures are in line with the principles of non-discrimination, proportionality and transparency and will not last for more than 6 months.

Moreover, should only 1 tender be submitted, and should that tender be considered financially unacceptable, the negotiations procedure may be followed.

Bidders shall be bound by the tenders they have submitted until the contracts are awarded.

5.   Tender dossier: The full tender dossier, setting out the specifications, the supporting documents required for participation and other information is available free of charge from the Hellenic Civil Aviation Authority, Directorate for Air Operations, Vas. Georgiou 1, GR-166 04 Elliniko, tel. (30-210) 891 61 49, fax (30-210) 894 71 01.

6.   Financial compensation: Tenders must explicitly state the fee required per quarter for operating each route for 3 years from the proposed date of commencement of operations (with an annual breakdown of the accounts as stated in the specifications). The financial compensation will be paid on a quarterly basis 30 days after the date of the corresponding invoice issued by the air carrier by means of a transfer to the account which the air carrier shall hold at a bank recognised in Greece. The exact amount of the compensation will be determined on the basis of the flights actually operated, a certificate from the relevant bodies of the Civil Aviation Authority stating that the terms of the contract have been properly complied with, and the amount of compensation due pro rata.

7.   Selection criterion: For each route covered by the invitation to tender, the criterion for choosing between the air carriers judged to be in a position to provide services on that route smoothly and in accordance with the stated requirements shall be the lowest figure for the total financial compensation sought in respect of that route.

8.   Duration, amendment and annulment of the contract: The contract will apply from 1.5.2007 and expire on 30.4.2010.

Any amendment to the contract must comply with the public service obligation published in the ‘Official Journal of the European Union’ No C 260 of 28.10.2006. Amendments to the contract shall be made in writing.

If there is any unexpected change in the operating conditions, the amount of the compensation may be reviewed.

Each contracting party may terminate the contract by giving 6 months' advance notice. If there are particularly serious grounds or if the air carrier has failed to comply properly with the contractual terms relating to the public service obligation, the awarding authority may terminate the contract without giving advance notice. The contract shall also be deemed to have terminated automatically if the contractor's operating licence or air operator's certificate (AOC) is suspended or revoked.

9.   Penalties for failure to abide by the terms of the contract: The air carrier shall be responsible for complying properly with the terms of the contract.

The number of flights cancelled for reasons for which the air carrier is responsible may not exceed 2 % of the total annual number of flights. In such cases, the amount of the financial compensation shall be reduced pro rata.

In the event of failure to discharge all or part of the contractor's obligations under the contract for reasons which do not constitute force majeure (other than the case where the number of flights cancelled is less than 2 % of the total annual number of flights, referred to in the preceding paragraph), the awarding authority will be entitled to impose the following penalties:

where the number of flights cancelled on a given route exceeds 2 % of the total annual number of flights scheduled, the financial compensation payable in respect of that route (for the flights actually operated during the quarter) will be further reduced by an amount equal to that which would have applied had the flights been operated normally;

where the failure concerns the weekly number of seats actually offered during the quarter, the financial compensation will be reduced in proportion to the number of seats not offered;

where the failure concerns the fares charged, the financial compensation will be reduced in proportion to the difference between the fares charged and the required fares;

in the event of any other failure to honour the terms of the contract, the fine provided for in the airport regulations will be imposed;

where the contractor commits the same error for the third time in the same quarter on the same route, in addition to the above penalties, the forfeiture in whole or in part of the letter of guarantee of proper performance of the terms of the contract corresponding to that route may be demanded as a forfeit clause, following written notification from the Civil Aviation Authority to the contractor and provided the contractor does not adduce sufficient evidence that he is not to blame. In deciding whether to impose the penalties provided for in this point, account will be taken of the seriousness of every failure which has been ascertained, and the principle of proportionality will be applied.

The awarding authority may also demand compensation for damage caused.

10.   Submission of tenders: Tenders must be sent in 5 copies by registered post with recorded delivery or be delivered by hand against receipt to the following address:

Ministry of Transport and Communications, Civil Aviation Authority, Directorate-General for Air Transport, Directorate for Air Operations, Section II, Vasileos Georgiou 1, GR-16604 Elliniko.

The closing time and date for the submission of tenders shall be 12:00 on the 32nd day following the date of publication of this invitation to tender in the ‘Supplement to the Official Journal of the European Union’.

Tenders sent by post must be received by the time and date stated above, as certified by the record of delivery.

11.   Validity of the invitation to tender: This invitation to tender shall be valid provided that, by 1.4.2007, no Community air carrier has declared (by submitting a flight plan to the Civil Aviation Authority) its intention of operating scheduled flights on 1 or more of the above-mentioned routes from 1.5.2007, in accordance with the public service obligation imposed and without receiving financial compensation.

In any event the invitation to tender shall continue to have effect in respect of those routes for which no air carrier has declared an interest as above by 1.5.2007 on the terms stated above.

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