# Official Journal C 316/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 316 |
| | |
| English edition | Information and Notices | Volume 5111 December 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 316

English edition

Information and Notices

Volume 5111 December 2008

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 316/01 | Non-opposition to a notified concentration (Case COMP/M.5382 — Kuehne + Nagel/Alloin) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 316/01

Non-opposition to a notified concentration (Case COMP/M.5382 — Kuehne + Nagel/Alloin) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 316/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2008/C 316/03 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 3 |
| 2008/C 316/04 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 9 |
| 2008/C 316/05 | Estonian national procedure for the allocation of limited air traffic rights | 13 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 316/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2008/C 316/03

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

3

2008/C 316/04

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

9

2008/C 316/05

Estonian national procedure for the allocation of limited air traffic rights

13

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2008/C 316/06 | Notice to economic operators — Import licensing arrangements for textile and clothing products originating in China into the Community — Changes from 1 January 2009 | 17 |
| | OTHER ACTS |
| | Commission |
| 2008/C 316/07 | Notification | 18 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2008/C 316/06

Notice to economic operators — Import licensing arrangements for textile and clothing products originating in China into the Community — Changes from 1 January 2009

17

OTHER ACTS

Commission

2008/C 316/07

Notification

18

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| 2008/C 316/08 | Note to the reader(see page 3 of the cover) | s3 |

2008/C 316/08

Note to the reader(see page 3 of the cover)

Note to the reader

s3

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 11.12.2008 | EN | Official Journal of the European Union | C 316/1 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/1

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Non-opposition to a notified concentration

(Case COMP/M.5382 — Kuehne + Nagel/Alloin)

(Text with EEA relevance)

(2008/C 316/01)

On 2 December 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32008M5382. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5382. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 11.12.2008 | EN | Official Journal of the European Union | C 316/2 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/2

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Euro exchange rates (1)

10 December 2008

(2008/C 316/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2925 |
| JPY | Japanese yen | 119,77 |
| DKK | Danish krone | 7,4499 |
| GBP | Pound sterling | 0,87325 |
| SEK | Swedish krona | 10,5670 |
| CHF | Swiss franc | 1,5587 |
| NOK | Norwegian krone | 9,1285 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,900 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 263,75 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7092 |
| PLN | Polish zloty | 3,9566 |
| RON | Romanian leu | 3,8780 |
| SKK | Slovak koruna | 30,189 |
| TRY | Turkish lira | 2,0280 |
| AUD | Australian dollar | 1,9665 |
| CAD | Canadian dollar | 1,6295 |
| HKD | Hong Kong dollar | 10,0171 |
| NZD | New Zealand dollar | 2,3696 |
| SGD | Singapore dollar | 1,9393 |
| KRW | South Korean won | 1 790,76 |
| ZAR | South African rand | 13,1916 |
| CNY | Chinese yuan renminbi | 8,8708 |
| HRK | Croatian kuna | 7,1923 |
| IDR | Indonesian rupiah | 14 185,19 |
| MYR | Malaysian ringgit | 4,6724 |
| PHP | Philippine peso | 62,470 |
| RUB | Russian rouble | 36,0941 |
| THB | Thai baht | 45,748 |
| BRL | Brazilian real | 3,2406 |
| MXN | Mexican peso | 17,4681 |

Currency

Exchange rate

USD

US dollar

1,2925

JPY

Japanese yen

119,77

DKK

Danish krone

7,4499

GBP

Pound sterling

0,87325

SEK

Swedish krona

10,5670

CHF

Swiss franc

1,5587

NOK

Norwegian krone

9,1285

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,900

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

263,75

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7092

PLN

Polish zloty

3,9566

RON

Romanian leu

3,8780

SKK

Slovak koruna

30,189

TRY

Turkish lira

2,0280

AUD

Australian dollar

1,9665

CAD

Canadian dollar

1,6295

HKD

Hong Kong dollar

10,0171

NZD

New Zealand dollar

2,3696

SGD

Singapore dollar

1,9393

KRW

South Korean won

1 790,76

ZAR

South African rand

13,1916

CNY

Chinese yuan renminbi

8,8708

HRK

Croatian kuna

7,1923

IDR

Indonesian rupiah

14 185,19

MYR

Malaysian ringgit

4,6724

PHP

Philippine peso

62,470

RUB

Russian rouble

36,0941

THB

Thai baht

45,748

BRL

Brazilian real

3,2406

MXN

Mexican peso

17,4681

---

(1)

Source: reference exchange rate published by the ECB.

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NOTICES FROM MEMBER STATES

| 11.12.2008 | EN | Official Journal of the European Union | C 316/3 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/3

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

(2008/C 316/03)

Aid No: XA 292/08

Member State: Germany

Region: Germany

Title of aid scheme: Richtlinien des Bundesministeriums für Ernährung, Landwirtschaft und Verbraucherschutz über die Verwendung des Zweckvermögens des Bundes bei der Landwirtschaftlichen Rentenbank (LR), Ziffer 2.2 Markt- und Praxiseinführung

Legal basis: § 2 Abs. 1 des Gesetzes über das Zweckvermögen des Bundes bei der Landwirtschaftlichen Rentenbank vom 12. August 2005 (BGBl. I S. 2363), zuletzt geändert durch Art. 175 der Neunten Zuständigkeitsanpassungsverordnung vom 31. Oktober 2006 (BGBl. I S. 2407)

Type of aid: Aid scheme

Annual expenditure planned under the scheme: EUR 1,4 million

Total amount of ad hoc aid: EUR 0

Paid over a period of: 6 years

Maximum aid intensity: The value of aid granted to a firm must not exceed 40 %, as a percentage of the eligible costs, or EUR 400 000 in absolute figures, in any period of three marketing years

Date of implementation: 20 August 2008

(If the claim is delayed due to requests for clarification, internal arrangements are made to ensure that the time limit set by Article 20(1) of Regulation (EC) No 1857/2006 is complied with.)

Duration of scheme or individual aid award:

Objective of aid: Promoting small and medium-sized enterprises in their introduction to the market and practical use of innovations by encouraging investment in agriculture and horticulture (Article 4 of Regulation (EC) No 1857/2006).

Investment in the area of introduction to market and practical use is eligible for aid if it pursues one or more of the following objectives:

Expenditure on the following may be taken as the basis of assessment for the funding of projects for introduction to market and practical use, if they are deemed to serve as role models:

Aid is not granted in the case of simple replacement investments, the purchase of production rights, animals and annual plants, the planting of annual plants, drainage works or irrigation equipment and irrigation works, unless such investment leads to a reduction of water use of at least 25 %. Aid may be granted for a purchase of land other than land for construction purposes costing up to 10 % of the eligible expenses of the investment

Sector(s) concerned: NACE code: A10500 — Mixed farming

Name of the granting authority: Landwirtschaftliche Rentenbank

Address of the granting authority:

| Hochstr. 2 |
| --- |
| D-60313 Frankfurt am Main |

Hochstr. 2

D-60313 Frankfurt am Main

Website: http://www.rentenbank.de/d/Kredite/Richtlinie_Zweckvermoegen.pdf

Other information: —

Aid No: XA 308/08

Member State: Republic of Slovenia

Region: —

Title of aid scheme or name of company receiving an individual aid: Pomoč za izgube zaradi neugodnih vremenskih razmer – suša 2007

Legal basis:

| — | zakon o odpravi posledic naravnih nesreč (Uradni list RS, št. 114/05 – uradno prečiščeno besedilo, 90/07 in 102/07) – v nadaljevanju: ZOPNN |
| --- | --- |

—

zakon o odpravi posledic naravnih nesreč (Uradni list RS, št. 114/05 – uradno prečiščeno besedilo, 90/07 in 102/07) – v nadaljevanju: ZOPNN

| — | delni program odprave posledic škode v kmetijstvu zaradi naravnih nesreč v letu 2007 (sklep Vlade RS na 164. redni seji z dne 3. aprila 2008, točka 1.6) |
| --- | --- |

—

delni program odprave posledic škode v kmetijstvu zaradi naravnih nesreč v letu 2007 (sklep Vlade RS na 164. redni seji z dne 3. aprila 2008, točka 1.6)

| — | končna ocena neposredne škode v tekoči kmetijski proizvodnji zaradi toč in suše v letu 2007 (sklep Vlade RS na 152. redni seji z dne 27. decembra 2007, točka 1.13) |
| --- | --- |

—

končna ocena neposredne škode v tekoči kmetijski proizvodnji zaradi toč in suše v letu 2007 (sklep Vlade RS na 152. redni seji z dne 27. decembra 2007, točka 1.13)

| — | uredba o metodologiji za ocenjevanje škode (Uradni list RS, št. 67/03, 79/04, 81/06, 68/08) |
| --- | --- |

—

uredba o metodologiji za ocenjevanje škode (Uradni list RS, št. 67/03, 79/04, 81/06, 68/08)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Planned expenditure for 2008 is EUR 4 622 990, which represents 28 % of the estimated damage caused by the natural disaster concerned (drought) in 2007

Maximum aid intensity: State aid for damage caused by drought is granted to beneficiaries in accordance with the provisions of ZOPNN and the Decree on the method of calculating confirmed damage to agriculture and the method of calculating the amounts of authorized allocations for the elimination of the consequences of damage to agriculture (Official Gazette of the Republic of Slovenia Nos 109/03, 77/04 and 97/04)

In order to rectify the consequences of damage in agriculture due to drought, beneficiaries are granted the following amounts of aid per agricultural product:

up to 40 % of the estimated direct damage, or up to 45 % in less-favoured areas, if the damage is caused by adverse climatic events which cannot be covered by insurance contracts for agricultural production in the Republic of Slovenia.

When establishing the amount of funds to be granted to the beneficiary in order to rectify the consequences of damage to farming, it is ensured that, for the individual agricultural product concerned, the total of:

funds granted to rectify the consequences of damage in agriculture under this Act,

any other State budget funds to rectify the consequences of damage in agriculture,

municipal budget funds granted to the beneficiary as a direct payment to rectify the consequences of damage in agriculture, and

insurance payments to cover damage in agriculture (where insurance is possible)

does not exceed 80 % and, in less favoured areas, 90 % of the reduction in the value of agricultural production.

The reduction in the value of agricultural production is calculated as the difference between:

the usual annual production of the agricultural product, multiplied by the average market price of that product, and

the actual annual production of the agricultural product in the year in which the damage to agriculture occurred, multiplied by the average market price of that product in that year.

Costs not incurred because of the adverse climatic event are not included in the calculation

Date of implementation:

Duration of scheme or individual aid award: Aid may be approved within one year of the adoption of the programme, i.e. up to 3.4.2009

Objective of aid: To support SMEs

Reference to Articles of Regulation (EC) No 1857/2006 and eligible costs: The aid scheme includes measures and eligible costs constituting State aid in accordance with Article 11 of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):

Article 11: Aid for losses due to adverse climatic events

Sector(s) concerned: Agriculture

Name and address of the granting authority:

| Ministrstvo za kmetijstvo, gozdarstvo in prehrano |
| --- |
| Dunajska cesta 58 |
| SLO-1000 Ljubljana |

Ministrstvo za kmetijstvo, gozdarstvo in prehrano

Dunajska cesta 58

SLO-1000 Ljubljana

| Agencija RS za kmetijske trge in razvoj podeželja |
| --- |
| Dunajska cesta 160 |
| SLO-1000 Ljubljana |

Agencija RS za kmetijske trge in razvoj podeželja

Dunajska cesta 160

SLO-1000 Ljubljana

Website: http://www.mkgp.gov.si/fileadmin/mkgp.gov.si/pageuploads/saSSo/zakonodaja/2008/DIREKTORAT_ZA_KMETIJSTVO/NARAVNE_NESRECE/Delni_program_odprave_posledic_skode_v_kmetijstvu_zaradi_naravnih_nesrec_v_letu_2007.pdf

Other information: The above-mentioned legal bases meet the requirements of Regulation (EC) No 1857/2006 concerning aid measures for losses due to adverse climatic events to be implemented by the Republic of Slovenia and the general provisions applicable.

At its 152nd regular meeting on 27 December 2007, the Government of the Republic of Slovenia officially recognised the adverse climatic event of drought in 2007 as an event which can be assimilated to a natural disaster.

The calculation of loss is to be made at individual holding level. The corresponding compensation will be paid directly to the farmer concerned. When compensation is calculated, it is ensured that the total of the funds granted to rectify the consequences of the damage, any other national budget funds to rectify the consequences of damage in agriculture and municipal budget funds granted to the beneficiary as a direct payment to rectify the consequences of the damage in agriculture does not exceed 80 %, and 90 % in less favoured areas, of the fall in the value of agricultural production. It was not possible to insure production against drought in Slovenia in 2007, which is why payments from insurance are not included in the calculation. Moreover, costs not incurred because of the adverse climatic event are not included in the calculation of the damage

Branko RAVNIK

Generalni direktor Direktorata za kmetijstvo

Aid No: XA 316/08

Member State: Austria

Region: Oberösterreich

Title of aid scheme or name of company receiving an individual aid: Richtlinie für die Gewährung eines Zuschusses des Landes Oberösterreich zu den Prämienkosten für die Rinderversicherung

Legal basis: OÖ Landwirtschaftsgesetz

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The average funding requirement in Upper Austria is expected to be EUR 500 000 annually

Maximum aid intensity: A contribution of up to 25 % of the cattle insurance premiums paid

Date of implementation: January 2009

Duration of scheme or individual aid award: January 2009 to 2013

Objective of aid: Cattle holdings, particularly those based on pasture and hill grazing, have been confronted by increasingly extreme weather conditions in recent years. These climatic vagaries represent an extremely serious threat to cattle. Cattle holdings sustain enormous financial losses in particular after thunderstorms, when livestock grazing in Alpine meadows suffer increased injuries and falls. Quite apart from these dangers, climate change is leading even in our latitudes to a greater incidence of fatal diseases which can be traced back to the expanding ranges of insects and parasites. Higher rates of loss through stillbirths or cattle dying as a result of disease or accidents can threaten farmers' livelihoods. In Upper Austria alone, of 150 929 cattle insured, 2007 saw accidents involving 8 600. The proportion of cattle insured in Upper Austria represents virtually 26 % of the total population (of around 585 000).

This guideline is intended to create an additional incentive for cattle farmers to take out insurance to cover losses from disease and accidents. Farmers are to be encouraged to take responsibility for managing risk and crises, including by hiving off some of the risk so as to provide financial security for the growth of their operations.

An insurance policy is often the best way of managing risk. Also, in the event of loss, the farmer has a legal right to compensation and does not have to rely on ad hoc payments from government.

The aim is to reduce financial losses in cattle farming and thus contribute to maintaining grassland and livestock production in Upper Austria. Securing the long-term future of cattle farming — especially that exploiting the habitat and economic potential of Alpine meadows and pastures — is not only a farming concern, but also a cultural and socio-political objective.

Objectives:

to protect against risk and contribute to steady farm growth,

to ensure quantifiable income levels for cattle farmers,

to relieve the costs of risk management,

to help preserve grassland and livestock production in Upper Austria,

to assist rural communities

Economic sectors: Agricultural holdings in Upper Austria which keep cattle

Name and address of the granting authority:

| Amt der Oberösterreichischen Landesregierung (Office of the Government of Upper Austria) |
| --- |
| Abteilung für Land- und Forstwirtschaft |
| Bahnhofplatz 1 |
| A-4021 Linz |

Amt der Oberösterreichischen Landesregierung (Office of the Government of Upper Austria)

Abteilung für Land- und Forstwirtschaft

Bahnhofplatz 1

A-4021 Linz

Website: http://www.land-oberoesterreich.gv.at/cps/rde/xchg/SID-9218A12A-67057BFB/ooe/hs.xsl/77441_DEU_HTML.htm

Other information: The insurance premium aid scheme is based on Article 12 of Regulation (EC) No 1857/2006.

The aid does not constitute a barrier to the operation of the internal market for insurance services. The Upper Austrian Regional Government office will ensure that the aid is not limited to insurance from a sole insurance company and also not made conditional on taking out a policy with an insurance company established in Austria

Aid No: XA 320/08

Member State: Republic of Slovenia

Region: Območje občine Horjul

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

Pomoč za ohranjanje in razvoj kmetijstva in podeželja v občini Horjul za programsko obdobje 2008–2013

Legal basis:

Pravilnik o dodeljevanju finančnih pomoči za programe razvoja podeželja in kmetijstva v občini Horjul

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

| | 2008: EUR 15 000 |
| --- | --- |

2008: EUR 15 000

| | 2009: EUR 10 000 |
| --- | --- |

2009: EUR 10 000

| | 2010: EUR 10 000 |
| --- | --- |

2010: EUR 10 000

| | 2011: EUR 10 000 |
| --- | --- |

2011: EUR 10 000

| | 2012: EUR 10 000 |
| --- | --- |

2012: EUR 10 000

| | 2013: EUR 10 000 |
| --- | --- |

2013: EUR 10 000

Maximum aid intensity:

1.   Investment in agricultural holdings for primary production:

| — | up to 50 % of eligible costs in less-favoured areas, |
| --- | --- |

—

up to 50 % of eligible costs in less-favoured areas,

| — | up to 40 % of eligible costs in other areas. |
| --- | --- |

—

up to 40 % of eligible costs in other areas.

2.   Conservation of traditional landscapes and buildings:

| — | up to 50 % of eligible costs of investment or measures to protect the heritage of productive assets on farms, such as farm buildings (granaries, drying frames, barns, pigsties, beehives, etc.), provided the investment does not entail any increase in the production capacity of the farm, |
| --- | --- |

—

up to 50 % of eligible costs of investment or measures to protect the heritage of productive assets on farms, such as farm buildings (granaries, drying frames, barns, pigsties, beehives, etc.), provided the investment does not entail any increase in the production capacity of the farm,

| — | up to 50 % of the eligible costs of investment or measures to conserve the heritage of non-productive assets on farms. |
| --- | --- |

—

up to 50 % of the eligible costs of investment or measures to conserve the heritage of non-productive assets on farms.

3.   Aid for land reparcelling:

| — | up to 100 % of actual legal and administrative costs incurred |
| --- | --- |

—

up to 100 % of actual legal and administrative costs incurred

Date of implementation: September 2008 (the aid will not be granted until a summary has been published on the European Commission's website)

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: To support SMEs

Reference to Articles of Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the draft Pravilnik o dodeljevanju finančnih pomoči za programe razvoja podeželja in kmetijstva v občini Horjul (Rules on granting financial aid for agricultural and rural development programmes in the municipality of Horjul) includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):

Article 4: Investment in agricultural holdings,

Article 5: Conservation of traditional landscapes and buildings,

Article 13: Aid for land reparcelling

Sector(s) concerned: Agriculture

Name and address of the granting authority:

| Občina Horjul |
| --- |
| Slovenska cesta 7 |
| SLO-1354 Horjul |

Občina Horjul

Slovenska cesta 7

SLO-1354 Horjul

Website: http://www.uradni-list.si/1/objava.jsp?urlid=200881&objava=3604

Other information: The municipality's Rules meet the requirements of Regulation (EC) No 1857/2006 concerning the measures to be adopted by the municipality and the general provisions applicable (procedure prior to the aid grant, cumulation, transparency and monitoring of aid)

Janko JAZBEC

Aid No: XA 321/08

Member State: Slovenia

Region: Območje občine Sveta Trojica v Slovenskih goricah

Title of aid scheme or name of company receiving an individual aid: Podpora programom razvoja podeželja v občini Sveta Trojica v Slovenskih goricah 2008–2013

Legal basis: Pravilnik o ohranjanju in spodbujanju razvoja kmetijstva in podeželja v občini Sveta Trojica v Slovenskih goricah za programsko obdobje 2008–2013

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

| | 2008: EUR 15 000 |
| --- | --- |

2008: EUR 15 000

| | 2009: EUR 14 000 |
| --- | --- |

2009: EUR 14 000

| | 2010: EUR 14 500 |
| --- | --- |

2010: EUR 14 500

| | 2011: EUR 14 500 |
| --- | --- |

2011: EUR 14 500

| | 2012: EUR 15 000 |
| --- | --- |

2012: EUR 15 000

| | 2013: EUR 15 000 |
| --- | --- |

2013: EUR 15 000

Maximum aid intensity:

1.   Investment in agricultural holdings for primary production:

| — | up to 40 % of eligible costs of investment, |
| --- | --- |

—

up to 40 % of eligible costs of investment,

| — | the maximum amount of aid granted to an individual enterprise must not exceed EUR 400 000 over three financial years. |
| --- | --- |

—

the maximum amount of aid granted to an individual enterprise must not exceed EUR 400 000 over three financial years.

2.   Aid for conserving traditional landscapes and buildings:

| — | up to 100 % of actual costs for non-productive structures, |
| --- | --- |

—

up to 100 % of actual costs for non-productive structures,

| — | up to 60 % of actual costs for productive structures on farms, provided that the investment does not entail any increase in the production capacity of the farm, |
| --- | --- |

—

up to 60 % of actual costs for productive structures on farms, provided that the investment does not entail any increase in the production capacity of the farm,

| — | up to 100 % of aid to cover the extra costs incurred by using traditional materials necessary to conserve the heritage features of buildings. |
| --- | --- |

—

up to 100 % of aid to cover the extra costs incurred by using traditional materials necessary to conserve the heritage features of buildings.

3.   Aid towards the payment of insurance premiums:

| — | municipal support, in line with the Decree on co-financing of insurance premiums for agricultural production for the current year, adopted by the Slovenian Government, comprises the difference between aid and the subsidy limit (up to 50 %) applying to the eligible costs of insurance premiums. |
| --- | --- |

—

municipal support, in line with the Decree on co-financing of insurance premiums for agricultural production for the current year, adopted by the Slovenian Government, comprises the difference between aid and the subsidy limit (up to 50 %) applying to the eligible costs of insurance premiums.

4.   Aid for land reparcelling:

| — | up to 100 % of actual eligible costs incurred. |
| --- | --- |

—

up to 100 % of actual eligible costs incurred.

5.   Aid to encourage the production of quality agricultural products:

| — | up to 100 % of costs incurred for activities, insofar as they relate to improving the quality of agricultural products, |
| --- | --- |

—

up to 100 % of costs incurred for activities, insofar as they relate to improving the quality of agricultural products,

| — | the aid is to be granted in the form of subsidised services and must not involve direct payments of money to agricultural holdings, apart from the amount referred to in the previous paragraph. |
| --- | --- |

—

the aid is to be granted in the form of subsidised services and must not involve direct payments of money to agricultural holdings, apart from the amount referred to in the previous paragraph.

6.   Aid for providing technical support in the agricultural sector:

| — | up to 100 % of eligible costs in the form of subsidised services; this must not involve direct payments of money to agricultural holdings |
| --- | --- |

—

up to 100 % of eligible costs in the form of subsidised services; this must not involve direct payments of money to agricultural holdings

Date of implementation: 13 October 2008 (the aid will not be granted until a summary has been published on the European Commission's website)

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: To support SMEs

Reference to Articles of Regulation (EC) No 1857/2006 and eligible costs: The draft Pravilnik o ohranjanju in spodbujanju razvoja kmetijstva in podeželja v Občini Sveta Trojica v Slovenskih goricah za programsko obdobje 2008-2013 (Rules on preserving and promoting the development of agriculture and rural areas in the municipality of Sveta Trojica v Slovenskih goricah for the programming period 2008-2013) include measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):

Article 4: Investment in agricultural holdings,

Article 5: Conservation of traditional landscapes and buildings,

Article 12: Aid towards the payment of insurance premiums,

Article 13: Aid for land reparcelling,

Article 14: Aid to encourage the production of quality agricultural products,

Article 15: Provision of technical support in the agricultural sector

Sector(s) concerned: Agriculture

Name and address of the granting authority:

| Občina Sveta Trojica v Slovenskih goricah |
| --- |
| Mariborska cesta 1 |
| SLO-2235 Sveta Trojica v Slovenskih goricah |

Občina Sveta Trojica v Slovenskih goricah

Mariborska cesta 1

SLO-2235 Sveta Trojica v Slovenskih goricah

Website: http://www.izit.si/muv/index.php?action=showPredpis&predpisID=6666

Other information: The measure for the payment of insurance premiums to insure crops and fruit includes the following adverse climatic events which can be assimilated to natural disasters: spring frost, hail, fire, lightning, storms and floods.

The municipality's Rules meet the requirements of Regulation (EC) No 1857/2006 concerning the measures to be adopted by the municipality and the general provisions applicable (procedure prior to the aid grant, cumulation, transparency and monitoring of aid).

When this scheme enters into force, scheme XA 422/07 will cease to apply

Darko FRAS

Župan občine Sveta Trojica v Slovenskih goricah

---

| 11.12.2008 | EN | Official Journal of the European Union | C 316/9 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/9

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

(2008/C 316/04)

Aid No: XA 322/08

Member State: Slovenia

Region: Območje občine Cirkulane

Title of aid scheme or name of company receiving an individual aid: Finančna spodbude za ohranjanje in razvoj kmetijstva v občini Cirkulane

Legal basis: Pravilnik o dodeljevanju državnih pomoči, pomoči de minimis in izvajanju drugih ukrepov za ohranjanje in razvoj kmetijstva ter podeželja v občini Cirkulane

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

| | 2008: EUR 21 600 |
| --- | --- |

2008: EUR 21 600

| | 2009: EUR 10 800 |
| --- | --- |

2009: EUR 10 800

| | 2010: EUR 10 800 |
| --- | --- |

2010: EUR 10 800

| | 2011: EUR 10 800 |
| --- | --- |

2011: EUR 10 800

| | 2012: EUR 10 800 |
| --- | --- |

2012: EUR 10 800

| | 2013: EUR 10 800 |
| --- | --- |

2013: EUR 10 800

Maximum aid intensity:

1.   Investment in agricultural holdings:

| — | up to 50 % of eligible costs in less-favoured areas, |
| --- | --- |

—

up to 50 % of eligible costs in less-favoured areas,

| — | up to 40 % of eligible costs in other areas, |
| --- | --- |

—

up to 40 % of eligible costs in other areas,

| — | the costs of interest on loans for investment on agricultural holdings. |
| --- | --- |

—

the costs of interest on loans for investment on agricultural holdings.

2.   Conservation of traditional landscapes and buildings:

| — | up to 100 % of actual costs for investment in non-productive structures, |
| --- | --- |

—

up to 100 % of actual costs for investment in non-productive structures,

| — | up to 60 % of actual costs, or 75 % in less-favoured areas, for investment in productive assets on farms, provided that the investment does not entail any additional increase in the production capacity of the farm, |
| --- | --- |

—

up to 60 % of actual costs, or 75 % in less-favoured areas, for investment in productive assets on farms, provided that the investment does not entail any additional increase in the production capacity of the farm,

| — | up to 100 % of aid to cover the extra costs incurred by using traditional materials necessary to conserve the heritage features of buildings. |
| --- | --- |

—

up to 100 % of aid to cover the extra costs incurred by using traditional materials necessary to conserve the heritage features of buildings.

3.   Aid towards the payment of insurance premiums:

| — | the amount of municipal co-financing is the difference between the amount of co-financing of insurance premiums from the national budget and the subsidy limit (up to 50 %) applying to the eligible costs of insurance premiums for crops, fruit and cases of disease among animals. |
| --- | --- |

—

the amount of municipal co-financing is the difference between the amount of co-financing of insurance premiums from the national budget and the subsidy limit (up to 50 %) applying to the eligible costs of insurance premiums for crops, fruit and cases of disease among animals.

4.   Aid for land reparcelling:

| — | up to 100 % of eligible legal and administrative costs. |
| --- | --- |

—

up to 100 % of eligible legal and administrative costs.

5.   Aid to encourage the production of quality agricultural products:

| — | up to 100 % of eligible costs; the aid is to be provided in the form of subsidised services and must not involve direct payments of money to producers. |
| --- | --- |

—

up to 100 % of eligible costs; the aid is to be provided in the form of subsidised services and must not involve direct payments of money to producers.

6.   Provision of technical support in the agricultural sector:

| — | up to 100 % of eligible costs, |
| --- | --- |

—

up to 100 % of eligible costs,

| — | the aid is granted in the form of subsidised services and must not involve direct payments of money to producers |
| --- | --- |

—

the aid is granted in the form of subsidised services and must not involve direct payments of money to producers

Date of implementation: 1.10.2008 (the aid will not be granted until a summary has been published on the European Commission's website)

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: Support for SMEs

Reference to Articles of Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the Pravilnik o dodeljevanju državnih pomoči, pomoči de minimis in izvajanju drugih ukrepov za ohranjanje in razvoj kmetijstva ter podeželja v občini Cirkulane (Rules on granting State aid and de minimis aid and implementing other measures for preserving and developing agriculture and rural areas in the municipality of Cirkulane) includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):

Article 4: Investment in agricultural holdings,

Article 5: Conservation of traditional landscapes and buildings,

Article 12: Aid towards the payment of insurance premiums,

Article 13: Aid for land reparcelling,

Article 14: Aid to encourage the production of quality agricultural products,

Article 15: Provision of technical support in the agricultural sector

Sector(s) concerned: Agriculture

Name and address of the granting authority:

| Občina Cirkulane |
| --- |
| Cirkulane 40A |
| SLO-2282 Cirkulane |

Občina Cirkulane

Cirkulane 40A

SLO-2282 Cirkulane

Website: http://www.lexlocalis.info/KatalogInformacij/VsebinaDokumenta.aspx?SectionID=15a2e816-6641-4fc7-ab2d-37b0a3a02b66

Other information: The measure for the payment of insurance premiums to insure crops and fruit includes the following adverse climatic events which can be assimilated to natural disasters: spring frost, hail, lightning, fire caused by lightning, storms and floods.

The municipality's Rules meet the requirements of Regulation (EC) No 1857/2006 concerning the measures to be adopted by the municipality and the general provisions applicable (procedure prior to the aid grant, cumulation, transparency and monitoring of aid)

Janez JURGEC

Aid No: XA 323/08

Member State: Spain

Region: Comunitat Valenciana

Title of aid scheme: Ayudas a las inversiones para el fomento del cultivo y explotación en común en la Comunitat Valenciana

Legal basis: Proyecto de orden de la Consellería de Agricultura, Pesca y Alimentación por la que se establecen las bases reguladoras de un régimen de ayudas a las inversiones para el fomento del cultivo y explotación en común en la Comunitat Valenciana

Annual expenditure planned under the scheme:

| 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | Total |
| --- | --- | --- | --- | --- | --- | --- |
| EUR 100 000 | EUR 1 000 000 | EUR 1 500 000 | EUR 1 500 000 | EUR 1 500 000 | EUR 1 500 000 | EUR 7 100 000 |

2008

2009

2010

2011

2012

2013

Total

EUR 100 000

EUR 1 000 000

EUR 1 500 000

EUR 1 500 000

EUR 1 500 000

EUR 1 500 000

EUR 7 100 000

As provided for in the annual budgets of the Government of the Autonomous Community of Valencia

Maximum aid intensity: The eligible investments will not exceed EUR 90 000 per agricultural work unit, defined by the equivalent area of each of the agricultural developments targeted by the aid.

The maximum aid that may be granted to a farm for common cultivation or farming practices must not exceed EUR 400 000 over a period of three financial years, or EUR 500 000 if the farm is located in one of the less-favoured areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005.

The maximum intensity of the public aid on the eligible investment of each project will be 40 per cent in normal areas and 50 per cent in the above-mentioned less-favoured areas

Date of implementation: As from the publication of the registration number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development

Duration of scheme: Aid may be granted under these arrangements until 31 December 2013

Objective of aid: The intention is to promote investment in small and medium-sized agricultural enterprises on the basis of Article 4 of Regulation (EC) No 1857/2006, so as to mitigate the effects that small-scale farming in the Autonomous Community of Valencia has on profitability by reducing production costs.

Moreover, the indirect aim of community farming, with appropriate, uniform and relevant technical criteria, is to obtain better quality and more environmentally friendly production, given the potential for rationalising crop inputs, particularly fertilisers and pesticides.

To this end, an aid system is being set up that essentially subsidises the purchase of machinery and equipment for carrying out cultivation practices on a joint basis, restructuring planting with a view to mechanisation, introducing community irrigation systems leading to improvements in efficiency involving a water saving of up to at least 25 per cent, as well as achieving savings in land costs and general costs related to the investment in question.

The following will not be eligible: the purchase of production rights, annual plants and their planting, simple replacement investment as defined in Article 2(17) of Regulation (EC) No 1857/2006, investment in firms in difficulties or undertakings that have breached bans or restrictions imposed by the common organisations of the market

Sector(s) concerned: All agricultural production sectors in the Autonomous Community of Valencia

Name and address of the granting authority:

| Consellería de Agricultura, Pesca y Alimentación |
| --- |
| C/ Amadeo de Saboya, no 2 |
| E-46010 Valencia |

Consellería de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, no 2

E-46010 Valencia

Website: http://www.agricultura.gva.es/especiales/ayudas_agrarias/pdf/Inversiones%20cultivo%20y%20explotacion%20en%20comun.pdf

Valencia, 24 June 2008.

Laura PEÑARROYA FABREGAT

La Directora General de Producción Agraria

Aid No: XA 325/08

Member State: Spain

Region: Comunitat Valenciana

Title of aid scheme or name of company receiving individual aid: Federación Empresarial de Agroalimentación de la Comunidad Valenciana (FEDACOVA)

Legal basis: Ayuda individual nominativa: Presupuestos de la Generalitat 2008, programa 714.60, Línea T2086000-«Dieta mediterránea: Ayuda a la organización de jornadas»

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 200 000

Maximum aid intensity: 100 %

Date of implementation: As from the publication of the registration number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development

Duration of scheme or individual aid award: November 2008

Objective of aid: Organisation of technical conferences on food quality, food safety and food products of the Autonomous Community of Valencia; publication of the papers delivered at these conferences. Monographs on new certification systems. Good practice guides; technical studies and reports: characterisation of the agri-food sector. Observatory for sectoral competitivity. Technical, informative and educational reports, papers and materials; training. Organisation of courses on the HACCP own-checks system for packaging honey. Design and application of prerequisites for hygiene, traceability and HACCP in agri-food companies. Certification of food safety systems; website. Visits to companies in the sector. Design and planning of a study into the agri-food sector in the Autonomous Community of Valencia. Participation in exhibitions, trade missions and the creation of an export information point. Legislative publications

Activities laid down in Article 15 of Regulation (EC) No 1857/2006

Sector(s) concerned: Agri-food SMEs in the Autonomous Community of Valencia

Name and address of the granting authority:

| Consellería de Agricultura, Pesca y Alimentación |
| --- |
| C/ Amadeo de Saboya, no 2 |
| E-46010 Valencia |

Consellería de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, no 2

E-46010 Valencia

Website: http://www.agricultura.gva.es/especiales/ayudas_agrarias/pdf/Dieta%20Mediterranea%20FEDACOVA.pdf

Other information: —

Marta VALSANGIACOMO GIL

La Directora General de Comercialización

Aid No: XA 326/08

Member State: Spain

Region: Comunidad Valenciana

Title of aid scheme or name of company receiving an individual aid: Asociación de Usuarios de Casetas de Castellón

Legal basis: Resolución de la Consellera de Agricultura Pesca y Alimentación, que concede la subvención basada en dos líneas nominativas descritas en la ley no 15/2007 de presupuestos de la Generalitat

Annual expenditure planned: EUR 230 000 during 2008

Maximum aid intensity: 40, 50 or 100 %, depending on the type of measure

Date of implementation: As from the publication of the identification number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development

Duration of individual aid award: Year 2008

Objective of aid: Preparation, disinfection, cleaning and maintaining in the health and hygiene conditions required by animal health legislation of collective carcass storage facilities, which receive the carcasses of fallen stock from holdings and keep them in proper conditions for use. In accordance with Article 3 of Regulation (EC) No 1857/2006, this is transparent individual aid outside any scheme and compatible with the common market, since the activities to be funded conform with those laid down in Article 4 of Regulation (EC) No 1857/2006, investment in agricultural holdings, and Article 16(1)(d) and (f) of the same Regulation, aid of 100 % for the costs of removal of fallen stock

Sector(s) concerned: Owners of livestock holdings in the province of Castellón

Name and address of the granting authority: Consellería de Agricultura, Pesca y Alimentación

Other information: —

Website: http://www.agricultura.gva.es/especiales/ayudas_agrarias/pdf/Asociacion%20de%20usuarios%20de%20casetas%20de%20Castellon.pdf

Valencia, 14 August 2008.

Laura PEÑARROYA FABREGAT

La Directora General de Producción Agraria

Aid No: XA 327/08

Member State: Spain

Region: Comunidad Valenciana

Title of aid scheme: Orden de la Consellería de Agricultura, Pesca y Alimentación, por la que se establecen ayudas compensatorias por los costes de prevención y erradicación de la salmonelosis en la avicultura

Legal basis: This aid forms part of the following health plans or programmes to monitor, control and eradicate diseases:

Commission Decision of 30 November 2007 (Articles 5 and 6) approving the programmes for the control of certain zoonotic salmonella in breeding flocks of Gallus gallus and in laying flocks of Gallus gallus submitted by Spain for the period from 1 January 2008 to 31 December 2008,

El Plan Nacional de medidas para la vigilancia de determinados serotipos de Salmonella en pollos de carne, broilers, de la especie Gallus gallus establecido por la Subdirección General de Sanidad Animal del Ministerio de Medio Ambiente y Medio Rural y Marino.

Plan anual zoosanitario de 2008, aprobado por resolución de 23 de enero de 2008 de la Directora General de Producción Agraria

Annual expenditure planned: EUR 800 000 during 2008

Maximum aid intensity: 80 % of the costs incurred, unless it becomes possible to exceed the maximum quantity of EUR 1 per laying or breeding hen and EUR 0,10 per fattening hen targeted by the aid

Date of implementation: As from the publication of the identification number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development

Duration of scheme: Year 2008

Objective of aid:

| — | health checks, |
| --- | --- |

—

health checks,

| — | disease detection tests, |
| --- | --- |

—

disease detection tests,

| — | purchase and administration of vaccines, |
| --- | --- |

—

purchase and administration of vaccines,

| — | slaughter and destruction of affected animals, |
| --- | --- |

—

slaughter and destruction of affected animals,

| — | cleaning and disinfection of, and pest and rodent control for, facilities and equipment, through the use of approved products and appropriate methods until it is guaranteed that salmonella is not present as proven by tests. |
| --- | --- |

—

cleaning and disinfection of, and pest and rodent control for, facilities and equipment, through the use of approved products and appropriate methods until it is guaranteed that salmonella is not present as proven by tests.

The eligible costs covered by the aid are in line with those laid down in Article 10(1) of Regulation (EC) No 1857/2006

Sector(s) concerned: Poultry sector of the Autonomous Community of Valencia

Name and address of the granting authority:

| Consellería de Agricultura, Pesca y Alimentación |
| --- |
| Amadeo de Saboya, no 2 |
| E-46010 Valencia |

Consellería de Agricultura, Pesca y Alimentación

Amadeo de Saboya, no 2

E-46010 Valencia

Other information: —

Website: http://www.agricultura.gva.es/especiales/ayudas_agrarias/pdf/Orden%20Salmonelosis%20en%20avicultura%202008.pdf

---

| 11.12.2008 | EN | Official Journal of the European Union | C 316/13 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/13

---

Estonian national procedure for the allocation of limited air traffic rights

(2008/C 316/05)

In accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of air service agreements between Member States and third countries, the European Commission publishes the following national procedure for the distribution among eligible Community carriers of air traffic rights where they are limited under air service agreements with third countries.

Ministerial Regulation

Tallinn, 31 October 2008, No 97

Procedure for the distribution of traffic rights

This Regulation is adopted pursuant to Article 5 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ L 157, 30.4.2004, p. 193-196) and Section 63(1) of the Government of the Republic Act.

§ 1.   Scope

| 1. | This procedure for the distribution of traffic rights implements Article 5 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries. |
| --- | --- |

1.

This procedure for the distribution of traffic rights implements Article 5 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries.

| 2. | A traffic right is the right of an air carrier to access a market consisting of agreed physical or geographical conditions regarding who may perform air transport operations on a specific route or part thereof and what may be carried. |
| --- | --- |

2.

A traffic right is the right of an air carrier to access a market consisting of agreed physical or geographical conditions regarding who may perform air transport operations on a specific route or part thereof and what may be carried.

| 3. | This procedure shall apply in cases where at least one of the following is provided for in a bilateral agreement concluded between Estonia and a third country:






  1. | a limited number of traffic rights for scheduled or non-scheduled air services, which are insufficient to meet the requests of all interested air carriers; |
| --- | --- | --- |

3.

This procedure shall apply in cases where at least one of the following is provided for in a bilateral agreement concluded between Estonia and a third country:

1.

a limited number of traffic rights for scheduled or non-scheduled air services, which are insufficient to meet the requests of all interested air carriers;

| 2. | a limited number of air carriers that may be designated to provide scheduled or non-scheduled air services, where this number is lower than the number of air carriers interested in providing these air services. |
| --- | --- |

2.

a limited number of air carriers that may be designated to provide scheduled or non-scheduled air services, where this number is lower than the number of air carriers interested in providing these air services.

| 4. | This procedure shall apply to Community air carriers who hold an operating licence in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (OJ L 240, 24.8.1992, pp. 1-7). |
| --- | --- |

4.

This procedure shall apply to Community air carriers who hold an operating licence in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (OJ L 240, 24.8.1992, pp. 1-7).

§ 2.   Information and expression of interest

| 1. | The following information shall be published on the website of the Ministry of Economic Affairs and Communications (www.mkm.ee):






  1. | the text of this procedure for the distribution of traffic rights and information regarding the period for which traffic rights are to be allocated; |
| --- | --- | --- |

1.

The following information shall be published on the website of the Ministry of Economic Affairs and Communications (www.mkm.ee):

1.

the text of this procedure for the distribution of traffic rights and information regarding the period for which traffic rights are to be allocated;

| 2. | an overview of the traffic rights for scheduled and charter flights on routes between the Republic of Estonia and third countries; |
| --- | --- |

2.

an overview of the traffic rights for scheduled and charter flights on routes between the Republic of Estonia and third countries;

| 3. | information on planned air service negotiations between the Republic of Estonia and third countries; |
| --- | --- |

3.

information on planned air service negotiations between the Republic of Estonia and third countries;

| 4. | information on the launch of the procedure for the distribution of traffic rights and the deadline for the submission of applications; |
| --- | --- |

4.

information on the launch of the procedure for the distribution of traffic rights and the deadline for the submission of applications;

| 5. | all applications for traffic rights received and related correspondence, subject to commercial confidentiality in specific and justified cases; |
| --- | --- |

5.

all applications for traffic rights received and related correspondence, subject to commercial confidentiality in specific and justified cases;

| 6. | draft decisions on the distribution of traffic rights; |
| --- | --- |

6.

draft decisions on the distribution of traffic rights;

| 7. | decisions on the distribution of traffic rights; |
| --- | --- |

7.

decisions on the distribution of traffic rights;

| 8. | decisions regarding complaints lodged following decisions on the distribution of traffic rights. |
| --- | --- |

8.

decisions regarding complaints lodged following decisions on the distribution of traffic rights.

| 2. | Community air carriers interested in providing air services on routes with limited traffic rights or on routes between the Republic of Estonia and third countries with which the Republic of Estonia has not concluded air service agreements may at any time notify the Ministry of Economic Affairs and Communications of their plans and requests. The Ministry of Economic Affairs and Communications shall take these notifications into account when preparing negotiations with third countries on the provision of air services. |
| --- | --- |

2.

Community air carriers interested in providing air services on routes with limited traffic rights or on routes between the Republic of Estonia and third countries with which the Republic of Estonia has not concluded air service agreements may at any time notify the Ministry of Economic Affairs and Communications of their plans and requests. The Ministry of Economic Affairs and Communications shall take these notifications into account when preparing negotiations with third countries on the provision of air services.

§ 3.   Launch of the procedure for the distribution of traffic rights

| 1. | The procedure for the distribution of traffic rights shall be launched by an Order of the Minister for Economic Affairs and Communications. The procedure may also be initiated at the request of a Community air carrier. |
| --- | --- |

1.

The procedure for the distribution of traffic rights shall be launched by an Order of the Minister for Economic Affairs and Communications. The procedure may also be initiated at the request of a Community air carrier.

| 2. | The launch of the procedure for the distribution of traffic rights shall be published on the website of the Ministry of Economic Affairs and Communications and notification shall also be sent to all Community air carriers who have expressed an interest in providing air services on the routes in question and to all Community air carriers established in the Republic of Estonia. |
| --- | --- |

2.

The launch of the procedure for the distribution of traffic rights shall be published on the website of the Ministry of Economic Affairs and Communications and notification shall also be sent to all Community air carriers who have expressed an interest in providing air services on the routes in question and to all Community air carriers established in the Republic of Estonia.

§ 4.   Submission of applications and the requirements therefor

| 1. | Applications submitted by air carriers applying for existing traffic rights must be written in Estonian or English and submitted by the deadline set by the Ministry of Economic Affairs and Communications. |
| --- | --- |

1.

Applications submitted by air carriers applying for existing traffic rights must be written in Estonian or English and submitted by the deadline set by the Ministry of Economic Affairs and Communications.

| 2. | An air carrier's application for the allocation of existing traffic rights must contain at least the following information:






  1. | a copy of the air carrier's operating licence; |
| --- | --- | --- |

2.

An air carrier's application for the allocation of existing traffic rights must contain at least the following information:

1.

a copy of the air carrier's operating licence;

| 2. | the air carrier's business plan for serving the route(s) with regard to which traffic rights are being applied for; the business plan must contain information regarding the services to be offered on the routes, the planned days and operating schedules for the flights and the type, configuration and registration numbers of the aircraft to be used; |
| --- | --- |

2.

the air carrier's business plan for serving the route(s) with regard to which traffic rights are being applied for; the business plan must contain information regarding the services to be offered on the routes, the planned days and operating schedules for the flights and the type, configuration and registration numbers of the aircraft to be used;

| 3. | information regarding the intended pricing policy for the route in question together with ticket prices broken down both by season and by the different ticket price categories (e.g. economy and business class), a traffic volume forecast, estimated operating costs and revenue and possible marketing arrangements with other air carriers; |
| --- | --- |

3.

information regarding the intended pricing policy for the route in question together with ticket prices broken down both by season and by the different ticket price categories (e.g. economy and business class), a traffic volume forecast, estimated operating costs and revenue and possible marketing arrangements with other air carriers;

| 4. | data on the accessibility of services to consumers and the existence of consumer support (e.g. description of the ticket sales network and online services); |
| --- | --- |

4.

data on the accessibility of services to consumers and the existence of consumer support (e.g. description of the ticket sales network and online services);

| 5. | information and documents on the technical and financial capacity to ensure that the services planned by the air carrier are provided and will continue to be offered (e.g. certificates of airworthiness, reports from the last three financial years; carriers which have been in operation for less than three years must submit all available annual reports and also attach their business plan). |
| --- | --- |

5.

information and documents on the technical and financial capacity to ensure that the services planned by the air carrier are provided and will continue to be offered (e.g. certificates of airworthiness, reports from the last three financial years; carriers which have been in operation for less than three years must submit all available annual reports and also attach their business plan).

| 3. | In addition to the provisions of Section 4(2), the applicant may also submit other information it considers necessary and which may be relevant within the meaning of Section 5. |
| --- | --- |

3.

In addition to the provisions of Section 4(2), the applicant may also submit other information it considers necessary and which may be relevant within the meaning of Section 5.

| 4. | If an air carrier fails to submit all the information listed in Section 4(2), the Ministry of Economic Affairs and Communications shall set the applicant a deadline to submit the missing information. |
| --- | --- |

4.

If an air carrier fails to submit all the information listed in Section 4(2), the Ministry of Economic Affairs and Communications shall set the applicant a deadline to submit the missing information.

§ 5.   Assessment of applications

| 1. | The Ministry of Economic Affairs and Communications shall assess all applications submitted by air carriers for the distribution of existing traffic rights. The assessment of the applications shall take account mainly of the following factors:






  1. | indicators demonstrating the quality of the service provided when operating the route, such as the type and configuration of the aircraft used, scheduled or non-scheduled service, passenger or cargo transport, the use of the carrier's own or wet-leased aircraft or code-sharing, direct or transit traffic, the period and contiunuity of the service offered, and a description of any alliances or other forms of cooperation with air carriers, where applicable; |
| --- | --- | --- |

1.

The Ministry of Economic Affairs and Communications shall assess all applications submitted by air carriers for the distribution of existing traffic rights. The assessment of the applications shall take account mainly of the following factors:

1.

indicators demonstrating the quality of the service provided when operating the route, such as the type and configuration of the aircraft used, scheduled or non-scheduled service, passenger or cargo transport, the use of the carrier's own or wet-leased aircraft or code-sharing, direct or transit traffic, the period and contiunuity of the service offered, and a description of any alliances or other forms of cooperation with air carriers, where applicable;

| 2. | the value for money of the service offered to consumers; |
| --- | --- |

2.

the value for money of the service offered to consumers;

| 3. | the accessibility of the service to consumers and the existence and quality of consumer support (ticket sales network, online services, etc.); |
| --- | --- |

3.

the accessibility of the service to consumers and the existence and quality of consumer support (ticket sales network, online services, etc.);

| 4. | the technical and financial capacity to ensure that services are provided and will continue to be offered; |
| --- | --- |

4.

the technical and financial capacity to ensure that services are provided and will continue to be offered;

| 5. | economic data relating to the application, a demand forecast, existing agreements, etc.; |
| --- | --- |

5.

economic data relating to the application, a demand forecast, existing agreements, etc.;

| 6. | the proposed starting date and duration of the services to be provided; |
| --- | --- |

6.

the proposed starting date and duration of the services to be provided;

| 7. | any improvement in regional connections. |
| --- | --- |

7.

any improvement in regional connections.

| 2. | When making the selection preference will be given to applications which:






  1. | will be of most benefit to consumers; |
| --- | --- | --- |

2.

When making the selection preference will be given to applications which:

1.

will be of most benefit to consumers;

| 2. | satisfy public demand or promote market development through the opening of new routes or the expansion of existing routes; |
| --- | --- |

2.

satisfy public demand or promote market development through the opening of new routes or the expansion of existing routes;

| 3. | offer the lowest pricing levels reasonably possible in relation to the level of service provided; |
| --- | --- |

3.

offer the lowest pricing levels reasonably possible in relation to the level of service provided;

| 4. | are cost-effective, making optimum use of the traffic rights; |
| --- | --- |

4.

are cost-effective, making optimum use of the traffic rights;

| 5. | promote competition between air carriers; |
| --- | --- |

5.

promote competition between air carriers;

| 6. | guarantee flight safety and the level of security required by law; |
| --- | --- |

6.

guarantee flight safety and the level of security required by law;

| 7. | promote environmental protection; |
| --- | --- |

7.

promote environmental protection;

| 8. | promote the overall development of Community air transport, trade and tourism; |
| --- | --- |

8.

promote the overall development of Community air transport, trade and tourism;

| 9. | promote regional development. |
| --- | --- |

9.

promote regional development.

| 3. | The Ministry of Economic Affairs and Communications may make use of experts when assessing applications. |
| --- | --- |

3.

The Ministry of Economic Affairs and Communications may make use of experts when assessing applications.

§ 6.   Decision-making process

| 1. | Once all the received applications have been reviewed, the Ministry of Economic Affairs and Communications shall compile an assessment report and adopt a draft decision on the basis thereof. This draft decision must include the information set out in Subsection 3. The draft decision shall be published on the website of the Ministry of Economic Affairs and Communications. |
| --- | --- |

1.

Once all the received applications have been reviewed, the Ministry of Economic Affairs and Communications shall compile an assessment report and adopt a draft decision on the basis thereof. This draft decision must include the information set out in Subsection 3. The draft decision shall be published on the website of the Ministry of Economic Affairs and Communications.

| 2. | Applicants may comment on the draft decision and submit additional documents and arguments they consider relevant within 20 working days of the date of publication of the draft decision. |
| --- | --- |

2.

Applicants may comment on the draft decision and submit additional documents and arguments they consider relevant within 20 working days of the date of publication of the draft decision.

| 3. | The Ministry of Economic Affairs and Communications shall take its decision on the distribution of traffic rights within three months of the date on which the procedure was launched, and the decision shall be sent to all applicants. The decision must include factual information, a consumer benefit analysis and an assessment of the impact on market structure and competition, the legal basis and reasons for the decision and a reference to the possibilities, place, deadline and procedure for appealing against the decision. |
| --- | --- |

3.

The Ministry of Economic Affairs and Communications shall take its decision on the distribution of traffic rights within three months of the date on which the procedure was launched, and the decision shall be sent to all applicants. The decision must include factual information, a consumer benefit analysis and an assessment of the impact on market structure and competition, the legal basis and reasons for the decision and a reference to the possibilities, place, deadline and procedure for appealing against the decision.

§ 7.   Duration and transfer of allocated traffic rights

| 1. | Limited traffic rights may be allocated for a maximum of three years in accordance with the decision to launch the procedure for the distribution of traffic rights. |
| --- | --- |

1.

Limited traffic rights may be allocated for a maximum of three years in accordance with the decision to launch the procedure for the distribution of traffic rights.

| 2. | Traffic rights thus allocated may not be transferred without the permission of the Ministry of Economic Affairs and Communications. |
| --- | --- |

2.

Traffic rights thus allocated may not be transferred without the permission of the Ministry of Economic Affairs and Communications.

§ 8.   Monitoring

The Ministry of Economic Affairs and Communications shall monitor whether the allocated traffic rights are used in full and in accordance with the terms of the licence granted, the conditions laid down in the application submitted by the air carrier and other relevant requirements laid down in this Regulation.

§ 9.   Reallocation of traffic rights

| 1. | After hearing the opinion of the air carrier to which the traffic rights have been allocated, the Ministry of Economic Affairs and Communications shall launch the procedure for the redistribution of traffic rights if:






  1. | the air carrier to which the limited traffic rights were allocated has not begun providing air services by the end of the scheduling period following the scheduling period in which the traffic rights were allocated, unless the delay is caused by exceptional circumstances beyond the air carrier's control; |
| --- | --- | --- |

1.

After hearing the opinion of the air carrier to which the traffic rights have been allocated, the Ministry of Economic Affairs and Communications shall launch the procedure for the redistribution of traffic rights if:

1.

the air carrier to which the limited traffic rights were allocated has not begun providing air services by the end of the scheduling period following the scheduling period in which the traffic rights were allocated, unless the delay is caused by exceptional circumstances beyond the air carrier's control;

| 2. | the limited traffic rights have not been used or have not been used in full for six months, unless the air carrier proves that the interruption was caused by exceptional circumstances beyond its control; |
| --- | --- |

2.

the limited traffic rights have not been used or have not been used in full for six months, unless the air carrier proves that the interruption was caused by exceptional circumstances beyond its control;

| 3. | the air carrier to which the traffic rights were allocated does not operate in accordance with the conditions laid down in the licence; |
| --- | --- |

3.

the air carrier to which the traffic rights were allocated does not operate in accordance with the conditions laid down in the licence;

| 4. | the obligations laid down in the applicable rules, in the relevant bilateral air services agreements or arrangements or in other international rules are not fulfilled when providing the air services; |
| --- | --- |

4.

the obligations laid down in the applicable rules, in the relevant bilateral air services agreements or arrangements or in other international rules are not fulfilled when providing the air services;

| 5. | the air carrier fails to meet conditions described in its application for the allocation of the traffic rights, and the Ministry of Economic Affairs and Communications finds that failure to meet those conditions would have meant that the rights would have been allocated to another Community air carrier participating in the procedure; |
| --- | --- |

5.

the air carrier fails to meet conditions described in its application for the allocation of the traffic rights, and the Ministry of Economic Affairs and Communications finds that failure to meet those conditions would have meant that the rights would have been allocated to another Community air carrier participating in the procedure;

| 6. | the air carrier notifies the Ministry of Economic Affairs and Communications that it does not intend to continue providing the air service; |
| --- | --- |

6.

the air carrier notifies the Ministry of Economic Affairs and Communications that it does not intend to continue providing the air service;

| 7. | the air carrier's operating licence loses its validity; or |
| --- | --- |

7.

the air carrier's operating licence loses its validity; or

| 8. | another Community air carrier contests the allocated traffic rights, which in its opinion have not been used efficiently one year after their allocation, and the initial assessment of the Ministry of Economic Affairs and Communications is that this other Community air carrier would be able to offer services that are clearly superior to the existing services. |
| --- | --- |

8.

another Community air carrier contests the allocated traffic rights, which in its opinion have not been used efficiently one year after their allocation, and the initial assessment of the Ministry of Economic Affairs and Communications is that this other Community air carrier would be able to offer services that are clearly superior to the existing services.

§ 10.   Existing traffic rights

Limited traffic rights allocated before the entry into force of this procedure shall continue to be valid for three years after the entry into force of this procedure.

Juhan PARTS

Minister

Marika PRISKE

Secretary-General

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 11.12.2008 | EN | Official Journal of the European Union | C 316/17 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/17

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Notice to economic operators — Import licensing arrangements for textile and clothing products originating in China into the Community — Changes from 1 January 2009

(2008/C 316/06)

By the present notice, Community operators are informed of the following practical issues concerning imports of textile and clothing products originating in China from 1 January 2009.

The current regime of double checking surveillance system of imports for the product categories originating in China listed in Annex V to the Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules of imports of certain textile products from third countries (1) will expire on 31 December 2008.

From 1 January 2009, the release into free circulation of textile and clothing products originating in China will no longer require any import licence or surveillance document regardless of their date of shipment.

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(1)  OJ L 275, 8.11.1993, p. 1.

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OTHER ACTS

Commission

| 11.12.2008 | EN | Official Journal of the European Union | C 316/18 |
| --- | --- | --- | --- |

11.12.2008

EN

Official Journal of the European Union

C 316/18

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NOTIFICATION

(2008/C 316/07)

The Commission notifies to stakeholders, in conformity with Article 3(1), 6th subparagraph, of Regulation (EC) No 972/2006, the translation into other languages of the ‘Authenticity Certificate’, which has to be established in English in conformity with Article 3(1) of the same Regulation for the purposes of importing Basmati rice into the European Union.

MODEL B

Image

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11.12.2008

| 11.12.2008 | EN | Official Journal of the European Union | C 316/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 316/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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