# Official Journal C 84/7 Ap

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 84 |
| | |
| English edition | Information and Notices | Volume 497 April 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 84

English edition

Information and Notices

Volume 497 April 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 084/1 | Euro exchange rates | 1 |
| 2006/C 084/2 | Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products | 2 |
| 2006/C 084/3 | Notice of initiation of an anti-dumping proceeding concerning imports of certain saddles originating in the People's Republic of China | 4 |
| 2006/C 084/4 | Prior notification of a concentration (Case COMP/M.4146 — GE/Bayer/OSi Europe Business) (
  1
  ) | 9 |

Notice No

Contents

page

I   Information

Commission

2006/C 084/1

Euro exchange rates

1

2006/C 084/2

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

2

2006/C 084/3

Notice of initiation of an anti-dumping proceeding concerning imports of certain saddles originating in the People's Republic of China

4

2006/C 084/4

Prior notification of a concentration (Case COMP/M.4146 — GE/Bayer/OSi Europe Business) (
  1
  )

1

9

| | III   Notices |
| --- | --- |
| | Commission |
| 2006/C 084/5 | Call for proposals — DG EAC No 23/06 | 10 |
| 2006/C 084/6 | I-Rome: Operation of scheduled air services — Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Albenga and Rome and vice versa | 11 |

III   Notices

Commission

2006/C 084/5

Call for proposals — DG EAC No 23/06

10

2006/C 084/6

I-Rome: Operation of scheduled air services — Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Albenga and Rome and vice versa

11

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 7.4.2006 | EN | Official Journal of the European Union | C 84/1 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

C 84/1

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Euro exchange rates (1)

6 April 2006

(2006/C 84/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2312 |
| JPY | Japanese yen | 144,81 |
| DKK | Danish krone | 7,4631 |
| GBP | Pound sterling | 0,70055 |
| SEK | Swedish krona | 9,3220 |
| CHF | Swiss franc | 1,5793 |
| ISK | Iceland króna | 89,53 |
| NOK | Norwegian krone | 7,8920 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5760 |
| CZK | Czech koruna | 28,550 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 268,02 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,9716 |
| RON | Romanian leu | 3,5162 |
| SIT | Slovenian tolar | 239,63 |
| SKK | Slovak koruna | 37,480 |
| TRY | Turkish lira | 1,6489 |
| AUD | Australian dollar | 1,6799 |
| CAD | Canadian dollar | 1,4225 |
| HKD | Hong Kong dollar | 9,5529 |
| NZD | New Zealand dollar | 1,9998 |
| SGD | Singapore dollar | 1,9746 |
| KRW | South Korean won | 1 172,10 |
| ZAR | South African rand | 7,4308 |
| CNY | Chinese yuan renminbi | 9,8617 |
| HRK | Croatian kuna | 7,3280 |
| IDR | Indonesian rupiah | 11 086,96 |
| MYR | Malaysian ringgit | 4,515 |
| PHP | Philippine peso | 62,902 |
| RUB | Russian rouble | 33,8580 |
| THB | Thai baht | 46,976 |

Currency

Exchange rate

USD

US dollar

1,2312

JPY

Japanese yen

144,81

DKK

Danish krone

7,4631

GBP

Pound sterling

0,70055

SEK

Swedish krona

9,3220

CHF

Swiss franc

1,5793

ISK

Iceland króna

89,53

NOK

Norwegian krone

7,8920

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5760

CZK

Czech koruna

28,550

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

268,02

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9716

RON

Romanian leu

3,5162

SIT

Slovenian tolar

239,63

SKK

Slovak koruna

37,480

TRY

Turkish lira

1,6489

AUD

Australian dollar

1,6799

CAD

Canadian dollar

1,4225

HKD

Hong Kong dollar

9,5529

NZD

New Zealand dollar

1,9998

SGD

Singapore dollar

1,9746

KRW

South Korean won

1 172,10

ZAR

South African rand

7,4308

CNY

Chinese yuan renminbi

9,8617

HRK

Croatian kuna

7,3280

IDR

Indonesian rupiah

11 086,96

MYR

Malaysian ringgit

4,515

PHP

Philippine peso

62,902

RUB

Russian rouble

33,8580

THB

Thai baht

46,976

---

(1)

Source: reference exchange rate published by the ECB.

---

| 7.4.2006 | EN | Official Journal of the European Union | C 84/2 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

C 84/2

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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 84/02)

Aid No: XA 48/05

Member State: Germany

Region: Rhineland-Palatinate

Title of aid scheme or name of company receiving an individual aid: Provision of guarantees to support agriculture (Landesbürgschaftsprogramm) [Land guarantee programme]

Legal basis: Ermächtigung durch das jeweilige Landeshaushaltsgesetz und nach Maßgabe des Landesbürgschaftsprogramms (Verwaltungsvorschrift des rheinland-pfälzischen Ministeriums der Finanzen)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company:

Guarantees

The framework for providing guarantees totals up to EUR 20 million per year

The aid value of the guarantee is calculated using the standard assessment method in accordance with the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (Official Journal C 71 of 11.3.2000 p. 14-18)

Tax treatment

No special tax treatment is envisaged as regards funding for which a Land guarantee has been given

Maximum aid intensity: The guarantee covers a maximum of 80 % of default of payment of the principal, of the interest charged at market rate, and of the costs associated with termination and legal proceedings. However, the costs attract only up to 2 % of the maximum guarantee for the principal. The lender's contribution is at least 20 %

The maximum permitted gross aid intensity must not exceed 40 %, including when combined with other aid

Date of implementation: After receipt of the identification number issued by the Commission once the summary information has been received

Duration of scheme or individual aid award: The assistance guidelines are valid until 31 December 2006. Applications received by this date may be approved

Objective of aid: The main objectives for SMEs in the agricultural sector are to improve conditions for the processing and marketing of agricultural products, and to increase the value added in the primary sector. Secondary objectives are to enhance the value chain between producers, marketers and processors, improve quality and hygiene, protect the environment and natural habitats and safeguard and create jobs

Application of Article 7 of Regulation (EC) No 1/2004

The eligible expenditure (in each case exclusive of VAT) comprises

Investment for the construction, acquisition or improvement of immovable property; purchase of new machinery and new technical equipment and

Up to 12 % of the eligible investment expenditure, as well as the relevant fees for architects/engineers and the costs of business advice, design and study outlines

It is necessary to observe the minimum requirements (including hygiene and environmental protection) in the Rhineland-Palatinate development plan ‘Zukunftsinitiative für den Ländlichen Raum’ [Future-Oriented Initiative for Rural Areas] (ZIL), which have been drawn up in accordance with Regulation (EC) No 1257/1999

Economic sector(s) concerned: The scheme applies to all sectors involved in the processing and/or marketing of agricultural products

Name and address of the granting authority:

| Ministerium der Finanzen |
| --- |
| Frau Dr. Tytko |
| Abteilung 3 |
| Referat 431 |
| Kaiser-Friedrich-Straße 5 |
| D-55116 Mainz |

Ministerium der Finanzen

Frau Dr. Tytko

Abteilung 3

Referat 431

Kaiser-Friedrich-Straße 5

D-55116 Mainz

or the body which the Finance Minister publicises and tasks with fiduciary implementation

Internet address: http://www.isb.rlp.de/aktuelles_2.html?id=508

Other information:

| — | For specialist enquiries





  Ministerium für Wirtschaft, Verkehr, Landwirtschaft und Weinbau |
| --- | --- |
| Herr Hardt |
| Abteilung 6 |
| Referat 8601 |
| Kaiser-Friedrich-Straße 5a |
| D-55116 Mainz |

—

For specialist enquiries

Ministerium für Wirtschaft, Verkehr, Landwirtschaft und Weinbau

Herr Hardt

Abteilung 6

Referat 8601

Kaiser-Friedrich-Straße 5a

D-55116 Mainz

| — | Reference for the Rhineland-Palatinate Development Plan ‘Zukunftsinitiative für den Ländlichen Raum’ (ZIL), drawn up in accordance with Regulation (EC) No 1257/1999
  http://www.mwvlw.rlp.de/Inhalt/Themen/Landwirtschaft/laendlicher_raum.asp |
| --- | --- |

—

Reference for the Rhineland-Palatinate Development Plan ‘Zukunftsinitiative für den Ländlichen Raum’ (ZIL), drawn up in accordance with Regulation (EC) No 1257/1999

http://www.mwvlw.rlp.de/Inhalt/Themen/Landwirtschaft/laendlicher_raum.asp

Aid No: XA 2/06

Member State: United Kingdom

Region: Cheshire, Warrington and Halton

Title of Aid scheme or name of company receiving an individual aid: Cheshire & Warrington Farm Business Development Programme

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: 2005/2006: GBP 250 000

2006/2007: GBP 250 000

Maximum aid intensity: 40 % with an additional ceiling of GBP 62 500 per individual grant

Date of implementation: The scheme will open to new applications from 1 February 2006

Duration of scheme or individual aid award: The closing date for applications will be 31 December 2006

Final claims for grant payments will be 30 June 2007

Objective of aid: Sectoral development

The grant scheme will be implemented under Article 4 of Regulation (EC) No 1/2004

The eligible expenses are as per Article 4

Sector(s) concerned: The scheme will apply to the production of agricultural products only. All subsectors are eligible

Name and address of the granting authority:

| Northwest Regional Development Agency |
| --- |
| Renaissance House |
| PO Box 37 |
| Centre park |
| Warrington |
| WA1 1XB |
| United Kingdom |

Northwest Regional Development Agency

Renaissance House

PO Box 37

Centre park

Warrington

WA1 1XB

United Kingdom

Internet address: www.blinkcw.co.uk

(go to the left hand side menu and click on Finance and Grants then click on Cheshire & Warrington Farm Business Development Programme)

Alternatively, you can visit the UK's central page for exempted agricultural State aids at

www.defra.gov.uk/farm/state-aid/setup/exist-exempt.htm

Other information: Enterprises which apply to the scheme will also receive an element of consultancy advice. This aid will be made available in line with Regulation (EC) No 1860/2004

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

Stephen Anderson

Agricultural State aid Team Leader

Defra

Area 8e

9 Millbank

London

SW1P 3JR

United Kingdom

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| 7.4.2006 | EN | Official Journal of the European Union | C 84/4 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

C 84/4

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Notice of initiation of an anti-dumping proceeding concerning imports of certain saddles originating in the People's Republic of China

(2006/C 84/03)

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), alleging that imports of certain saddles, originating in the People's Republic of China (‘the country concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 22 February 2006 by the European Saddle Manufacturers Association (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 90 %, of the total Community production of certain saddles.

2.   Product

The product allegedly being dumped is saddles and essential parts thereof (bases, cushions or covers), of bicycles and other cycles (including delivery tricycles), whether or not motorized and with or without sidecars, of fitness machines and of home trainers, originating in the People's Republic of China (‘the product concerned’), normally declared within CN codes 8714 95 00, ex 8714 99 90 and ex 9506 91 10. These CN codes are only given for information.

3.   Allegation of dumping

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 price of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4.   Allegation of injury

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 alleged that the volumes and the prices of the imported product concerned have, among other consequences, had 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.

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 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 manufactured by the company and sold for export to the Community in 2005, and/or the same information for product concerned purchased and exported; |
| --- | --- |

—

the turnover in local currency and the volume in units of the product concerned manufactured by the company and sold for export to the Community in 2005, and/or the same information for product concerned purchased and exported;

| — | the turnover in local currency and the sales volume in units of the product concerned sold on the domestic market in 2005; |
| --- | --- |

—

the turnover in local currency and the sales volume in units of the product concerned sold on the domestic market in 2005;

| — | whether the company intends to claim an individual margin (2) (individual margins can only be claimed by the exporting producer); |
| --- | --- |

—

whether the company intends to claim an individual margin (2) (individual margins can only be claimed by the exporting producer);

| — | the precise activities of the company with regard to the production and/or sale of the product concerned; |
| --- | --- |

—

the precise activities of the company with regard to the production and/or sale of the product concerned;

| — | the names, relationship and precise activities of all related companies (3) involved in the production and/or selling (export and/or domestic) of the product concerned; and |
| --- | --- |

—

the names, relationship and precise activities of all related companies (3) involved in the production and/or selling (export and/or domestic) of the product concerned; and

| — | 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 to not have co-operated 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)   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 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 total turnover in euro of the company in 2005, |
| --- | --- |

—

the total turnover in euro of the company in 2005,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

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

—

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

| — | the volume in units and value in euro of imports into and resales made in the Community market in 2005 of the imported product concerned originating in the People's Republic of China, |
| --- | --- |

—

the volume in units and value in euro of imports into and resales made in the Community market in 2005 of the imported product concerned originating in the People's Republic of China,

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

—

the names and the precise activities of all related companies (4) involved in the production and/or selling 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 to not have co-operated 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 importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Sampling for Community producers

In view of the large number of Community producers supporting the complaint, the Commission intends to investigate injury to the Community industry by applying sampling.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide 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 total turnover in EUR of the company in 2005, |
| --- | --- |

—

the total turnover in EUR of the company in 2005,

| — | 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 value in euro of sales of the product concerned made in the Community market in 2005, |
| --- | --- |

—

the value in euro of sales of the product concerned made in the Community market in 2005,

| — | the volume in units of sales of the product concerned made in the Community market in 2005, |
| --- | --- |

—

the volume in units of sales of the product concerned made in the Community market in 2005,

| — | the volume in units of the production of the product concerned in 2005, |
| --- | --- |

—

the volume in units of the production of the product concerned in 2005,

| — | the names and the precise activities of all related companies (5) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or selling 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 to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

(iv)   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 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 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled 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 complaint and to the authorities of the exporting country concerned.

Exporters/producers in the 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 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(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 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 Brazil 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), 5.1(a)(ii) and 5.1(a)(iii) 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), 5.1(a)(ii) and 5.1(a)(iii) 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)(iv) 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)(iv) 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 Brazil 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
   (6)’ 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, as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  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.

(3)  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).

(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 2913/1992 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(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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| 7.4.2006 | EN | Official Journal of the European Union | C 84/9 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

C 84/9

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Prior notification of a concentration

(Case COMP/M.4146 — GE/Bayer/OSi Europe Business)

(2006/C 84/04)

(Text with EEA relevance)

| 1. | On 29 March 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 General Electric Company (‘GE’, USA) and Bayer AG (‘Bayer’,Germany) acquire joint control within the meaning of Article 3(1)(b) of the EC Merger Regulation partly through the existing joint venture GE Bayer Silicones GmbH&Co KG (‘GEBS’), partly through a newly created joint venture, of the undertakings GE Speciality Materials (Suisse) Sarl, GE Silicones (Benelux) BVBA and GE Specialities Srl [all: ‘OSi Europe Business’] which are currently controlled by GE, by way of purchase of shares. |
| --- | --- |

1.

On 29 March 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 General Electric Company (‘GE’, USA) and Bayer AG (‘Bayer’,Germany) acquire joint control within the meaning of Article 3(1)(b) of the EC Merger Regulation partly through the existing joint venture GE Bayer Silicones GmbH&Co KG (‘GEBS’), partly through a newly created joint venture, of the undertakings GE Speciality Materials (Suisse) Sarl, GE Silicones (Benelux) BVBA and GE Specialities Srl [all: ‘OSi Europe Business’] which are currently controlled by GE, by way of purchase of shares.

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






  — | for GE: diversified technology and services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for GE: diversified technology and services;

| — | for Bayer: chemical and pharmaceutical products; |
| --- | --- |

—

for Bayer: chemical and pharmaceutical products;

| — | for OSi Europe Business: silicones. |
| --- | --- |

—

for OSi Europe Business: silicones.

| 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.4146 — GE/Bayer/OSi Europe Business, 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.4146 — GE/Bayer/OSi Europe Business, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

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

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III Notices

Commission

| 7.4.2006 | EN | Official Journal of the European Union | C 84/10 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

C 84/10

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CALL FOR PROPOSALS — DG EAC No 23/06

(2006/C 84/05)

1.   Objectives and description

Under the EU budget for 2006, the heading ‘15 06 06 — Special annual events’ includes remarks to the effect that ‘EUR 500 000 is intended to finance the organisation of cross-border venues in Augsburg, Salzburg and Vienna and to highlight the importance of W.A. Mozart's work for music and European culture’.

In the light of these remarks, therefore, the purpose of this call for proposals is to finance the organisation of cross-border events at venues in Augsburg, Salzburg and Vienna, in order to highlight the importance of W.A. Mozart's work for music and culture in Europe. This action ties in with the 250th anniversary of Mozart's birth.

2.   Eligible applicants

Those eligible to apply are public or private bodies with legal status, whose main activity lies in the cultural sphere and who are established in one of the following three cities: Augsburg, Salzburg and Vienna.

3.   Budget and duration of projects

The total budget allocated for this action is 500 000 EUR. The funding sought for projects should be between 50 000 and 100 000 EUR, and must not exceed 50 % of the total eligible project budget.

The activities must commence between 1 September 2006 (or, if justified, from 9 June 2006 at the earliest) and 15 November 2006. The duration of projects ought not to exceed 12 months. In exceptional circumstances, a maximum extension of six months may be granted, if duly justified and requested within the time limits specified in the agreement.

4.   Deadline

Applications must be sent to the Commission by Friday 9 June 2006 at the latest.

5.   Further information

The specifications and application forms are available on the Commission's Internet site at the following address:

http://europa.eu.int/comm/culture/eac/index_en.html

Applications must comply with the requirements set out in the specifications and be submitted using the forms provided for that purpose.

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| 7.4.2006 | EN | Official Journal of the European Union | C 84/11 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

C 84/11

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I-Rome: Operation of scheduled air services

Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Albenga and Rome and vice versa

(2006/C 84/06)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, in accordance with the decisions taken at the Interdepartmental Conference chaired by the Region of Liguria, the Italian Government — Ministry of Infrastructure and Transport has decided to impose public service obligations (PSO) on scheduled air services between Albenga and Rome and vice versa.

The terms of these public service obligations were published in the
  Official Journal of the European Union C 83 of 6.4.2006.

Insofar as within 30 days of publication of this invitation no air carrier has commenced or is about to commence scheduled air services on the abovementioned route in accordance with the public service obligations imposed and without requesting financial compensation, the Government has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to that route to a single air carrier and to offer by tender the right to operate the service commencing on the fifteenth day following award of the tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the abovementioned route in accordance with the public service obligations published in
  Official Journal of the European Union C 83 of 6.4.2006.

3.   Participation and tender procedure: 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 July 1992 on the licensing of air carriers.

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

4.   Tender dossier - concession agreement: The conditions for taking part in the tender procedure and the award criteria are set out in the tender dossier, which in all respects constitutes an integral part of this invitation to tender.

The concession of the service will be governed by an agreement based on a model which may be obtained, together with the tender dossier and any other relevant information, from the contracting authority at the following address:

ENAC, Area Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome. Tel. (39-06) 44 59 61.

5.   Financial compensation: Tenders must explicitly state the maximum amount of compensation requested for operating the service for two years from the scheduled starting date, giving an annual breakdown. The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limits of the amount indicated in the tender, as specified in the tender dossier.

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 Section 7 below.

6.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 83 of 6.4.2006.

7.   Duration of the agreement: The agreement will run for two years, starting on the date on which the scheduled air service on the route in question commences operation in accordance with the public service obligations imposed.

Proper compliance with the agreement and the carrier's cost accounting will be the subject of an annual examination in cooperation with the carrier. Any changes will require an additional agreement.

8.   Termination and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within one month of being served notice to comply with the agreement.

If, after the first two seasons of operation, less than 50 % of the capacity offered is used, the Italian National Civil Aviation Authority (ENAC) may reduce the frequency and/or minimum capacity laid down and adjust the financial compensation accordingly.

Failure by the carrier to observe the period of notice specified in the first paragraph of this section will be subject to a penalty calculated on the basis of the number of days of default and the profit or loss recorded on the route over the year in question. In no case will the penalty be greater than the amount of financial compensation referred to in Section 5.

9.   Failure to comply with the agreement: The carrier is responsible for ensuring that the obligations deriving from the agreement are strictly adhered to. Should the carrier fail to fulfil its obligations under the agreement or fail to fulfil them correctly, for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which it could not reasonably avoid, the agreement may be terminated subject to formal notice being given to the carrier within ten days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to seven days to justify itself.

To ensure the continuity and regularity of flights, the carrier which accepts these public service obligations must provide a performance security with a view to guaranteeing the correct performance and continuation of the service. The security shall amount to at least EUR 800 000,00 and must be guaranteed by an insurance surety payable to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure the continuation of the services concerned.

The security will be released if the outcome of the examination referred to in the last paragraph of Section 7, carried out upon completion of the agreement, is favourable.

The number of flights cancelled in any one year may not exceed 2 % of the total annual number of flights, excluding cases of ‘force majeure’.

The carrier must pay the regulatory body a penalty of EUR 3 000,00 for every flight cancelled in excess of this limit.

The agreement will be terminated automatically if the number of flights cancelled for reasons directly attributable to the carrier exceeds 4 % of the number of flights scheduled for the service concerned in any scheduling season. The agreement will also be terminated automatically if the tenderer's operating licence or air operator's certificate (AOC) is suspended or revoked.

If the agreement is terminated, ENAC may require the carrier to continue the service on an interim basis under the same conditions or until a new operator is selected.

Should the carrier be prevented from operating services on the routes in question on account of:

hazardous weather conditions,

closure of one of the airports,

issues of public safety,

industrial action,

security problems,

or ‘force majeure’,

the amount of financial compensation will be reduced in proportion to the number of flights not carried out.

10.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 60 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope by registered letter with acknowledgement of receipt, or delivered by hand with receipt:

ENAC, direzione generale, viale del Castro Pretorio 118, I-00185 Roma.

The date of receipt will be deemed to be the date of the postmark for registered letters and the date of receipt for hand deliveries.

11.   Validity of the invitation to tender: Pursuant to 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 carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union C 83 of 6.4.2006 within 30 days of its publication and without requesting any financial compensation.

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