# Official Journal C 304/1 De

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 304 |
| | |
| English edition | Information and Notices | Volume 481 December 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 304

English edition

Information and Notices

Volume 481 December 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Council |
| 2005/C 304/1 | Council conclusions on improving the European civil protection capabilities | 1 |
| | Commission |
| 2005/C 304/2 | Euro exchange rates | 3 |
| 2005/C 304/3 | Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in, inter alia, India | 4 |
| 2005/C 304/4 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan | 9 |
| 2005/C 304/5 | Prior notification of a concentration (Case COMP/M.4054 — Koch Industries/Georgia-Pacific) (
  1
  ) | 14 |
| 2005/C 304/6 | Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (
  1
  ) | 15 |
| 2005/C 304/7 | Prior notification of a concentration (Case COMP/M.4007 — Reckitt Benckiser/Boots Healthcare International) (
  1
  ) | 21 |
| 2005/C 304/8 | Non-opposition to a notified concentration (Case COMP/M.3864 — FIMAG/Züblin) (
  1
  ) | 22 |
| 2005/C 304/9 | Notice of the expiry of certain countervailing measures | 23 |
| | EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2005/C 304/0 | Amendments to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice | 24 |
| 2005/C 304/1 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1d of Annex XV to the EEA Agreement (Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid) | 25 |
| 2005/C 304/2 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1f of Annex XV to the EEA Agreement (Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises) | 30 |
| 2005/C 304/3 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1g of Annex XV to the EEA Agreement (Commission Regulation (EC) No 2204/2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment) | 35 |
| 2005/C 304/4 | Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections | 36 |
| 2005/C 304/5 | Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — 19th Licensing Round | 37 |
| | EFTA Court |
| 2005/C 304/6 | Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur by decision of that court of 4 May 2005 in the case of HOB-vín ehf. v the Icelandic State and the State Alcohol and Tobacco Company of Iceland (Case E-4/05) | 38 |

Notice No

Contents

page

I   Information

Council

2005/C 304/1

Council conclusions on improving the European civil protection capabilities

1

Commission

2005/C 304/2

Euro exchange rates

3

2005/C 304/3

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in, inter alia, India

inter alia

4

2005/C 304/4

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan

9

2005/C 304/5

Prior notification of a concentration (Case COMP/M.4054 — Koch Industries/Georgia-Pacific) (
  1
  )

1

14

2005/C 304/6

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (
  1
  )

1

15

2005/C 304/7

Prior notification of a concentration (Case COMP/M.4007 — Reckitt Benckiser/Boots Healthcare International) (
  1
  )

1

21

2005/C 304/8

Non-opposition to a notified concentration (Case COMP/M.3864 — FIMAG/Züblin) (
  1
  )

1

22

2005/C 304/9

Notice of the expiry of certain countervailing measures

23

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2005/C 304/0

Amendments to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice

24

2005/C 304/1

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1d of Annex XV to the EEA Agreement (Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid)

25

2005/C 304/2

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1f of Annex XV to the EEA Agreement (Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises)

30

2005/C 304/3

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1g of Annex XV to the EEA Agreement (Commission Regulation (EC) No 2204/2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment)

35

2005/C 304/4

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

36

2005/C 304/5

Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — 19th Licensing Round

37

EFTA Court

2005/C 304/6

Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur by decision of that court of 4 May 2005 in the case of HOB-vín ehf. v the Icelandic State and the State Alcohol and Tobacco Company of Iceland (Case E-4/05)

HOB-vín ehf.

the Icelandic State and the State Alcohol and Tobacco Company of Iceland

38

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Council

| 1.12.2005 | EN | Official Journal of the European Union | C 304/1 |
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1.12.2005

EN

Official Journal of the European Union

C 304/1

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Council conclusions on improving the European civil protection capabilities

(2005/C 304/01)

THE COUNCIL OF THE EUROPEAN UNION,

| 1. | HAVING REGARD TO:






  — | the conclusions of the Council of 7 January 2005 on the earthquake and tsunami in the Indian Ocean (1); |
| --- | --- | --- |

1.

HAVING REGARD TO:

—

the conclusions of the Council of 7 January 2005 on the earthquake and tsunami in the Indian Ocean (1);

| — | the European Union Action Plan of 31 January 2005 on the earthquake and tsunami in the Indian Ocean (2); |
| --- | --- |

—

the European Union Action Plan of 31 January 2005 on the earthquake and tsunami in the Indian Ocean (2);

| — | the conclusions of the Council of 4 October 2004 on strengthening the overall Civil Protection Capacity in the European Union (3); |
| --- | --- |

—

the conclusions of the Council of 4 October 2004 on strengthening the overall Civil Protection Capacity in the European Union (3);

| — | the conclusions of the Council of 25 November 2004 on prevention, preparedness and response to terrorist attacks (4); |
| --- | --- |

—

the conclusions of the Council of 25 November 2004 on prevention, preparedness and response to terrorist attacks (4);

| — | the Communication from the Commission of 20 April 2005 on Improving the Community Civil Protection Mechanism (5); |
| --- | --- |

—

the Communication from the Commission of 20 April 2005 on Improving the Community Civil Protection Mechanism (5);

| — | the Communication from the Commission of 20 April 2005 on Reinforcing EU Disaster and Crisis Response in third countries (6); |
| --- | --- |

—

the Communication from the Commission of 20 April 2005 on Reinforcing EU Disaster and Crisis Response in third countries (6);

| — | the note from the Secretary-General/High Representative of 20 April 2005 on the Follow-up to the EU Action Plan following the earthquake and tsunamis in the Indian Ocean (7); |
| --- | --- |

—

the note from the Secretary-General/High Representative of 20 April 2005 on the Follow-up to the EU Action Plan following the earthquake and tsunamis in the Indian Ocean (7);

| — | the note from the Presidency of 20 May on the Follow-up to the EU Action Plan following the earthquake and tsunamis in the Indian Ocean (8); |
| --- | --- |

—

the note from the Presidency of 20 May on the Follow-up to the EU Action Plan following the earthquake and tsunamis in the Indian Ocean (8);

| — | the Presidency conclusions of the European Council of Brussels of 16 and 17 June 2005, which wished addressing as a priority during the second half of 2005 the strengthening of civil protection capabilities, particularly the medical resources available to deal with a bioterrorist attack, and the development of a rapid reaction capability based on the civil protection modules of the Member States (9). |
| --- | --- |

—

the Presidency conclusions of the European Council of Brussels of 16 and 17 June 2005, which wished addressing as a priority during the second half of 2005 the strengthening of civil protection capabilities, particularly the medical resources available to deal with a bioterrorist attack, and the development of a rapid reaction capability based on the civil protection modules of the Member States (9).

| 2. | BEARING IN MIND that the financial implications of the proposed improvements, and in particular of the proposal establishing a Rapid Response and Preparedness Instrument for major emergencies, must be compatible with the financial framework set for the period 2007-2013 and respect the principle of subsidiarity. |
| --- | --- |

2.

BEARING IN MIND that the financial implications of the proposed improvements, and in particular of the proposal establishing a Rapid Response and Preparedness Instrument for major emergencies, must be compatible with the financial framework set for the period 2007-2013 and respect the principle of subsidiarity.

| 3. | REAFFIRMS the need to develop an ‘European Union rapid response capability’ to tackle natural or man-made disasters inside or outside the Union, drawing on national resources and teams trained to work together. |
| --- | --- |

3.

REAFFIRMS the need to develop an ‘European Union rapid response capability’ to tackle natural or man-made disasters inside or outside the Union, drawing on national resources and teams trained to work together.

| 4. | WELCOMES in general the Communication from the Commission on Improving the Community Civil Protection Mechanism, which sets out short term and medium term proposals to strengthen European cooperation in the framework of the Civil Protection Mechanism. |
| --- | --- |

4.

WELCOMES in general the Communication from the Commission on Improving the Community Civil Protection Mechanism, which sets out short term and medium term proposals to strengthen European cooperation in the framework of the Civil Protection Mechanism.

| 5. | INVITES the Commission together with the Member States to improve, within their respective competences, the European civil protection cooperation, including the strengthening of the Community Civil Protection Mechanism, in order to ensure that the European Union can provide civil protection assistance rapidly and effectively in case of all kinds of emergencies inside and outside the Union. |
| --- | --- |

5.

INVITES the Commission together with the Member States to improve, within their respective competences, the European civil protection cooperation, including the strengthening of the Community Civil Protection Mechanism, in order to ensure that the European Union can provide civil protection assistance rapidly and effectively in case of all kinds of emergencies inside and outside the Union.

| 6. | UNDERLINES the overall role and responsibility of the United Nations in coordinating international civil protection assistance in third countries, where present. The EU should support the capabilities of the United Nations in coordinating civil protection interventions in third countries. In this regard, the European rapid response capability could contribute to the strengthening of the UN capacity building for rapid action in the face of humanitarian disasters. |
| --- | --- |

6.

UNDERLINES the overall role and responsibility of the United Nations in coordinating international civil protection assistance in third countries, where present. The EU should support the capabilities of the United Nations in coordinating civil protection interventions in third countries. In this regard, the European rapid response capability could contribute to the strengthening of the UN capacity building for rapid action in the face of humanitarian disasters.

| 7. | ENCOURAGES the Commission together with the Member States, within their respective competences, to further develop a modular approach through a program which will establish scenarios, capability assessment, operational plans, training and exercises and common methodologies for risk assessment under an all-hazard approach covering natural and man-made disasters, including terrorism. This program should drive action, building on the principles of subsidiarity and complementarity, and of operating under national responsibility. The civil protection identified modules are one in a number of significant assets in the EU rapid response capability and will be able to operate independently or in cooperation with or support to other EU bodies or international institutions. |
| --- | --- |

7.

ENCOURAGES the Commission together with the Member States, within their respective competences, to further develop a modular approach through a program which will establish scenarios, capability assessment, operational plans, training and exercises and common methodologies for risk assessment under an all-hazard approach covering natural and man-made disasters, including terrorism. This program should drive action, building on the principles of subsidiarity and complementarity, and of operating under national responsibility. The civil protection identified modules are one in a number of significant assets in the EU rapid response capability and will be able to operate independently or in cooperation with or support to other EU bodies or international institutions.

| 8. | STRESSES that evaluations, taking into account risk assessments, deficit analyses and lessons learned from emergencies, training and exercises, are the basis for decisions on improving the response capacity of the EU. |
| --- | --- |

8.

STRESSES that evaluations, taking into account risk assessments, deficit analyses and lessons learned from emergencies, training and exercises, are the basis for decisions on improving the response capacity of the EU.

| 9. | ENCOURAGES the Commission and the Member States to take forward, in the short term, work in the following priority areas:






  (a) | further assess the civil protection capabilities which the Member States may make available to each other for all types of major disasters; |
| --- | --- | --- |

9.

ENCOURAGES the Commission and the Member States to take forward, in the short term, work in the following priority areas:

(a)

further assess the civil protection capabilities which the Member States may make available to each other for all types of major disasters;

| (b) | develop a rapid response capability based on the civil protection modules of the Member States and for that purpose establish a program building on the principles of subsidiarity and complementarity, the modules being independent and self-sufficient units operating under national responsibility, which could be used alone or in addition with other contributions; |
| --- | --- |

(b)

develop a rapid response capability based on the civil protection modules of the Member States and for that purpose establish a program building on the principles of subsidiarity and complementarity, the modules being independent and self-sufficient units operating under national responsibility, which could be used alone or in addition with other contributions;

| (c) | further develop training activities, exercises and the exchange of experts to stimulate the capacity to work together and to promote interoperability; |
| --- | --- |

(c)

further develop training activities, exercises and the exchange of experts to stimulate the capacity to work together and to promote interoperability;

| (d) | develop at the latest by 31 December 2005, in addition to national insignia, common EU insignia for intervention and assessment/coordination personnel on site; |
| --- | --- |

(d)

develop at the latest by 31 December 2005, in addition to national insignia, common EU insignia for intervention and assessment/coordination personnel on site;

| (e) | further develop civil-military cooperation with the EU Military Staff, in particular the Civil-Military Cell; |
| --- | --- |

(e)

further develop civil-military cooperation with the EU Military Staff, in particular the Civil-Military Cell;

| (f) | strengthen the on site assessment of needs by developing a common assessment methodology, based on internationally agreed methodologies where they exist, and by reinforcing the assessment capacity; |
| --- | --- |

(f)

strengthen the on site assessment of needs by developing a common assessment methodology, based on internationally agreed methodologies where they exist, and by reinforcing the assessment capacity;

| (g) | strengthen the capacity to facilitate the coordination on site and at head quarters, both within the EU and with relevant international organizations; |
| --- | --- |

(g)

strengthen the capacity to facilitate the coordination on site and at head quarters, both within the EU and with relevant international organizations;

| (h) | reinforce the links between the Mechanism and early warning systems at EU and UN level; |
| --- | --- |

(h)

reinforce the links between the Mechanism and early warning systems at EU and UN level;

| (i) | further work on facilitating the transport of civil protection assistance. |
| --- | --- |

(i)

further work on facilitating the transport of civil protection assistance.

| 10. | WELCOMES the Commission's offer to make the Monitoring and Information Centre (MIC) available for the European consular cooperation in order to support EU citizens victims of disasters in third countries. |
| --- | --- |

10.

WELCOMES the Commission's offer to make the Monitoring and Information Centre (MIC) available for the European consular cooperation in order to support EU citizens victims of disasters in third countries.

| 11. | INVITES the Commission to submit as soon as possible more complete proposals on strengthening preventive action, inspired by the terms of the Civil Protection Action Programme (10), the Hyogo Framework for Action 2005-2016 (11) and the European Union Action Plan on the earthquakes and tsunamis in the Indian Ocean (12), and enhancing detection and early warning systems in general, and in particular for the Mediterranean Sea and the Atlantic Ocean. |
| --- | --- |

11.

INVITES the Commission to submit as soon as possible more complete proposals on strengthening preventive action, inspired by the terms of the Civil Protection Action Programme (10), the Hyogo Framework for Action 2005-2016 (11) and the European Union Action Plan on the earthquakes and tsunamis in the Indian Ocean (12), and enhancing detection and early warning systems in general, and in particular for the Mediterranean Sea and the Atlantic Ocean.

| 12. | INVITES the Commission to submit as soon as possible, and at the latest by October 2005, further legislative proposals for improving civil protection cooperation, including the Community Mechanism, taking into account the above conclusions. |
| --- | --- |

12.

INVITES the Commission to submit as soon as possible, and at the latest by October 2005, further legislative proposals for improving civil protection cooperation, including the Community Mechanism, taking into account the above conclusions.

| 13. | WILL RETURN to the whole issue dealing with the European rapid response capability before the end of 2005. |
| --- | --- |

13.

WILL RETURN to the whole issue dealing with the European rapid response capability before the end of 2005.

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(1)  5187/05.

(2)  5788/05.

(3)  11549/04.

(4)  15232/04.

(5)  8430/05 — COM(2005) 137 final.

(6)  8382/05 — COM(2005) 153 final.

(7)  8204/05.

(8)  8961/1/05 REV 1.

(9)  10255/05.

(10)  Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection (OJ L 327, 21.12.1999, p. 53), amended by Council Decision 2005/12/EC of 20 December 2004 (OJ L 6, 8.1.2005, p. 7).

(11)  Resolution on the Hyogo Framework for Action 2005-2015: Building the Resilience of Nations and Communities to Disasters, adopted on 22 January 2005 by the World Conference on Disaster Reduction (A.CONF.206/6).

(12)  5788/05.

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Commission

| 1.12.2005 | EN | Official Journal of the European Union | C 304/3 |
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1.12.2005

EN

Official Journal of the European Union

C 304/3

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Euro exchange rates (1)

30 November 2005

(2005/C 304/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1769 |
| JPY | Japanese yen | 140,8 |
| DKK | Danish krone | 7,4537 |
| GBP | Pound sterling | 0,68215 |
| SEK | Swedish krona | 9,5272 |
| CHF | Swiss franc | 1,5485 |
| ISK | Iceland króna | 74,39 |
| NOK | Norwegian krone | 7,9715 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5735 |
| CZK | Czech koruna | 28,933 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 252,67 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6963 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,9085 |
| RON | Romanian leu | 3,6598 |
| SIT | Slovenian tolar | 239,5 |
| SKK | Slovak koruna | 37,893 |
| TRY | Turkish lira | 1,5986 |
| AUD | Australian dollar | 1,5925 |
| CAD | Canadian dollar | 1,3741 |
| HKD | Hong Kong dollar | 9,1263 |
| NZD | New Zealand dollar | 1,6737 |
| SGD | Singapore dollar | 1,9925 |
| KRW | South Korean won | 1 216,33 |
| ZAR | South African rand | 7,6332 |
| CNY | Chinese yuan renminbi | 9,5098 |
| HRK | Croatian kuna | 7,383 |
| IDR | Indonesian rupiah | 11 810,19 |
| MYR | Malaysian ringgit | 4,4457 |
| PHP | Philippine peso | 63,682 |
| RUB | Russian rouble | 33,918 |
| THB | Thai baht | 48,522 |

Currency

Exchange rate

USD

US dollar

1,1769

JPY

Japanese yen

140,8

DKK

Danish krone

7,4537

GBP

Pound sterling

0,68215

SEK

Swedish krona

9,5272

CHF

Swiss franc

1,5485

ISK

Iceland króna

74,39

NOK

Norwegian krone

7,9715

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5735

CZK

Czech koruna

28,933

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

252,67

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6963

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9085

RON

Romanian leu

3,6598

SIT

Slovenian tolar

239,5

SKK

Slovak koruna

37,893

TRY

Turkish lira

1,5986

AUD

Australian dollar

1,5925

CAD

Canadian dollar

1,3741

HKD

Hong Kong dollar

9,1263

NZD

New Zealand dollar

1,6737

SGD

Singapore dollar

1,9925

KRW

South Korean won

1 216,33

ZAR

South African rand

7,6332

CNY

Chinese yuan renminbi

9,5098

HRK

Croatian kuna

7,383

IDR

Indonesian rupiah

11 810,19

MYR

Malaysian ringgit

4,4457

PHP

Philippine peso

63,682

RUB

Russian rouble

33,918

THB

Thai baht

48,522

---

(1)

Source: reference exchange rate published by the ECB.

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| 1.12.2005 | EN | Official Journal of the European Union | C 304/4 |
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1.12.2005

EN

Official Journal of the European Union

C 304/4

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Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in, inter alia, India

(2005/C 304/03)

Following the publication of a notice of impending expiry (1) of the anti-subsidy measures in force on imports of certain polyethylene terephthalate originating in, inter alia, India, (‘country concerned’), the Commission has received a request for review pursuant to Article 18 of Council Regulation (EC) No 2026/97 on protection against subsidised imports from countries not members of the European Community (‘the basic Regulation’) (2), as last amended by Council Regulation (EC) No 461/2004 (3).

1.   Request for review

The request was lodged on 30 August 2005 by the Polyethylene Terephthalate (PET) Committee of PlasticsEurope (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 90 %, of the total Community production of certain polyethylene terephthalate.

2.   Product

The product under review is polyethylene terephthalate with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728 originating in India (‘the product concerned’), currently classifiable within CN code 3907 60 20. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 2603/2000 (4), as last amended by Council Regulation (EC) No 1645/2005 (5) and undertakings accepted by Commission Decision No 2000/745/EC (6) as last amended by Commission Decision No 2005/697/EC (7).

4.   Grounds for the review

The applicants have provided evidence that the expiry of the measures would lead to a continuation or recurrence of subsidisation and injury.

It is alleged that the producers of the product concerned have benefited and will continue to benefit from a number of subsidies granted by the Government of India. These alleged subsidies consist of schemes of benefits to industries located in special economic zones/export oriented units; the advance licenses; the duty entitlement passbook scheme; an income tax exemption; the export promotion capital goods scheme; export credits; the package scheme of incentives of the Government of Maharashtra; the Gujarat sales tax incentive scheme; the Gujarat electricity duty exemption scheme and the West Bengal incentive scheme.

The total subsidy is estimated to be significant.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of India or other regional governments and confer a benefit to the recipients, i.e. to exporters/producers of certain polyethylene terephthalate. They are alleged to be contingent upon export performance and therefore specific and countervailable or to be otherwise specific and countervailable.

The applicant further alleges the likelihood of injurious subsidisation. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity and the recent investments in production capacity in the country concerned.

In addition, the applicant alleges that the removal of injury is mainly due to the existence of measures and that any recurrence of substantial subsidised imports from the country concerned would likely lead to a recurrence of further injury of the Community industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 18 of the basic Regulation.

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

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

(a)   Sampling

In view of the apparent number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 27 of the basic Regulation.

(i)   Sampling for investigation of subsidisation in India

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

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

—

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

| — | the turnover in local currency and the sales volume in tonnes of the product concerned sold for export to the Community and exports to other countries (separately) during the period 1 October 2004 until 30 September 2005 |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes of the product concerned sold for export to the Community and exports to other countries (separately) during the period 1 October 2004 until 30 September 2005

| — | the turnover in local currency and the sales volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2004 until 30 September 2005,

| — | whether the company intends to claim an individual subsidy rate (individual subsidy rates can only be claimed by producers (8)), |
| --- | --- |

—

whether the company intends to claim an individual subsidy rate (individual subsidy rates can only be claimed by producers (8)),

| — | the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 October 2004 until 30 September 2005,

| — | the names and the precise activities of all related companies (9) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (9) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | an indication whether the company is recognised as an export oriented unit, |
| --- | --- |

—

an indication whether the company is recognised as an export oriented unit,

| — | an indication whether the company is located in a special economic zone, |
| --- | --- |

—

an indication whether the company is located in a special economic zone,

| — | 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 cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below. |
| --- | --- |

—

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

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

(ii)   Sampling for importers

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

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

—

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

| — | the total turnover in EUR of the company during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the total turnover in EUR of the company during the period 1 October 2004 until 30 September 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 tonnes and value in EUR of imports into and resales made in the Community market during the period 1 October 2004 until 30 September 2005 of the imported product concerned originating in India, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period 1 October 2004 until 30 September 2005 of the imported product concerned originating in India,

| — | the names and the precise activities of all related companies (10) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (10) 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 cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below. |
| --- | --- |

—

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

In order to obtain the information it deems necessary for the selection of the sample of 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 request, 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):

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

—

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

| — | the total turnover in EUR of the company during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the total turnover in EUR of the company during the period 1 October 2004 until 30 September 2005,

| — | the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned during the period 1 October 2004 until 30 September 2005,

| — | the value in EUR of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the value in EUR of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005,

| — | the volume in tonnes of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the volume in tonnes of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005,

| — | the volume in tonnes of the production of the product concerned during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the volume in tonnes of the production of the product concerned during the period 1 October 2004 until 30 September 2005,

| — | the names and the precise activities of all related companies (11) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (11) 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 cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below. |
| --- | --- |

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated 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 samples 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 cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 27(4) and 28 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 India, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which cooperated in the investigation leading to the measures subject to the present review and to the authorities of the exporting country concerned.

(c)   Collection of information and holding of hearings

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

5.2.   Procedure for the assessment of Community interest

In accordance with Article 31 of the basic Regulation and in the event that the continuation or recurrence of subsidization and injury is confirmed, a determination will be made as to whether to maintain or repeal the anti-subsidy measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the previous sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

| (i) | The information specified in paragraph 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 paragraph 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.

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 number 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’ (12) and, in accordance with Article 29(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 |
| BE-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

BE-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 28 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 28 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 22(1) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

---

(1)  OJ C 52, 2.3.2005, p. 2.

(2)  OJ L 288, 21.10.97, p.1.

(3)  OJ L 77, 13.3.2004, p.12.

(4)  OJ L 301, 30.11.2000, p. 1.

(5)  OJ L 266, 11.10.2005, p. 1.

(6)  OJ L 301, 30.11.2000, p. 88.

(7)  OJ L 266, 11.10.2005, p. 62.

(8)  Individual margins may be claimed pursuant to Article 27(3) of the basic Regulation for companies not included in the sample.

(9)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 as amended, 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).

(10)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93, as amended, 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).

(11)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93, as amended, 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).

(12)  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 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/9 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/9

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan

(2005/C 304/04)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand (‘countries concerned’), the Commission has received a request for review pursuant to Article 11(2) and (3) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (2), as last amended by Council Regulation (EC) No 461/2004 (3).

1.   Request for review

The request was lodged on 30 August 2005 by the Polyethylene Terephthalate (PET) Committee of PlasticsEurope (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 90 %, of the total Community production of certain polyethylene terephthalate.

2.   Product

The product under review is polyethylene terephthalate with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728 originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand (‘the product concerned’), currently classifiable within CN code 3907 60 20. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 2604/2000 (4), as last amended by Council Regulation (EC) No 1646/2005 (5) and undertakings accepted by Commission Decision 2000/745/EC (6) as last amended by Commission Decision No 2005/697/EC (7).

4.   Grounds for the review

4.1.   Grounds for the expiry review

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

The allegation of continuation of dumping in respect of the Republic of Korea and Taiwan is based on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant for the Republic of Korea and Taiwan.

In demonstrating the likelihood of recurrence of dumping for India, export prices to Turkey, Romania, the United Arab Emirates, Israel, Algeria and the United States of America have been used by the applicant given the current absence of significant import volumes from India into the EC.

In demonstrating the likelihood of recurrence of dumping for Indonesia, export prices to Japan, the United States of America, Malaysia, Australia and Turkey have been used by the applicant given the current absence of significant import volumes from Indonesia into the EC.

In demonstrating the likelihood of recurrence of dumping for Malaysia, export prices to Iran have been used by the applicant given the current absence of significant import volumes from Malaysia into the EC.

In demonstrating the likelihood of recurrence of dumping for Thailand, export prices to Japan and the United States of America have been used by the applicant given the current absence of significant import volumes from Thailand into the EC.

The allegation of recurrence of dumping for India, Indonesia, Malaysia and Thailand is based on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the abovementioned third countries.

On the basis of the above comparisons of normal values and export prices, which show dumping from India, Indonesia, Malaysia and Thailand, the applicant alleges that there is a likelihood of recurrence of dumping.

The applicant further alleges the likelihood of further injurious dumping. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity and the recent investments in production capacity in the countries concerned.

It is also alleged that the flow of imports of the product concerned is likely to rise due to the measures in force on imports of similar products originating in the countries concerned in traditional markets other than the EU (i.e. the People's Republic of China). All this can lead to a redirection of exports from other third countries to the Community.

It is further alleged that the volumes of the imported product originating in the Republic of Korea and Taiwan have continued, among other consequences, to have a negative impact on the market share held, resulting in substantial adverse effects on the financial situation and employment situation of the Community industry.

In addition, the applicant alleges that the removal of injury is mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the countries concerned would likely lead to a recurrence of further injury of the Community industry should measures be allowed to lapse.

4.2.   Grounds for the partial interim review

The applicant has provided information that, in regard to imports of the product concerned from Taiwan and three exporting producers in the Republic of Korea, i.e. Daehan Synthetic Fiber Co. Ltd, SK Chemicals Co. Ltd and KP Chemical Corp., the level of the measures is no longer sufficient to counteract the injurious dumping.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review and a partial interim review, limited to dumping aspects, as far as imports from Taiwan and from the three abovementioned Korean exporting producers are concerned, the Commission hereby initiates a review in accordance with Article 11(2) and (3) of the basic Regulation.

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

The expiry review will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury. The interim review will determine whether, in regard to imports of the product concerned from Taiwan and three abovementioned exporting producers in the Republic of Korea, the level of the measures is sufficient to counteract the injurious dumping.

(a)   Sampling

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

(i)   Sampling for exporters/producers in India, Indonesia, the Republic of Korea and Taiwan

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

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

—

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

| — | the turnover in local currency and the sales volume in tonnes of the product concerned sold for export to the Community and exports to other countries (separately) during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes of the product concerned sold for export to the Community and exports to other countries (separately) during the period 1 October 2004 until 30 September 2005,

| — | the turnover in local currency and the sales volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2004 until 30 September 2005,

| — | the turnover in local currency and the sales volume in tonnes for the product concerned sold to other third countries during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes for the product concerned sold to other third countries during the period 1 October 2004 until 30 September 2005,

| — | whether the company intends to claim an individual margin (individual margins can only be claimed by producers (8)), |
| --- | --- |

—

whether the company intends to claim an individual margin (individual margins can only be claimed by producers (8)),

| — | the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 October 2004 until 30 September 2005,

| — | the names and the precise activities of all related companies (9) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (9) involved in the production and/or selling (export and/or domestic) of the product concerned,

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

—

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

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

—

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

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers in India, Indonesia, the Republic of Korea and Taiwan, the Commission will, in addition, contact the authorities of these exporting countries, and any known associations of exporters/producers.

(ii)   Sampling for importers

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

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

—

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

| — | the total turnover in EUR of the company during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the total turnover in EUR of the company during the period 1 October 2004 until 30 September 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 tonnes and value in EUR of imports into and resales made in the Community market during the period 1 October 2004 until 30 September 2005 of the imported product concerned originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period 1 October 2004 until 30 September 2005 of the imported product concerned originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand,

| — | the names and the precise activities of all related companies (10) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (10) 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 cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below. |
| --- | --- |

—

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

In order to obtain the information it deems necessary for the selection of the sample of 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 request, 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):

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

—

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

| — | the total turnover in EUR of the company during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the total turnover in EUR of the company during the period 1 October 2004 until 30 September 2005,

| — | the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned during the period 1 October 2004 until 30 September 2005,

| — | the value in EUR of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the value in EUR of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005,

| — | the volume in tonnes of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the volume in tonnes of sales of the product concerned made in the Community market during the period 1 October 2004 until 30 September 2005,

| — | the volume in tonnes of the production of the product concerned during the period 1 October 2004 until 30 September 2005, |
| --- | --- |

—

the volume in tonnes of the production of the product concerned during the period 1 October 2004 until 30 September 2005,

| — | the names and the precise activities of all related companies (11) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (11) 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 cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below. |
| --- | --- |

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated 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 samples 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 cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in India, Indonesia, the Republic of Korea and Taiwan, to the exporters/producers in Malaysia and Thailand, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting countries concerned.

(c)   Collection of information and holding of hearings

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

5.2.   Procedure for the assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

| (i) | The information specified in paragraph 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 paragraph 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.

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 number 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’
   (12) 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 |
| BE-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

BE-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 expiry review investigation

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

---

(1)  OJ C 52, 2.3.2005, p. 2.

(2)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3)  OJ L 77, 13.3.2004, p.12.

(4)  OJ L 301, 30.11.2000, p. 21.

(5)  OJ L 266, 11.10.2005, p. 10.

(6)  OJ L 301, 30.11.2000, p. 88.

(7)  OJ L 266, 11.10.2005, p. 62.

(8)  Individual margins may be claimed pursuant to Article 27(3) of the basic Regulation for companies not included in the sample.

(9)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93, as amended, 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).

(10)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93, as amended, 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).

(11)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93, as amended, 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).

(12)  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).

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/14 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/14

---

Prior notification of a concentration

(Case COMP/M.4054 — Koch Industries/Georgia-Pacific)

(2005/C 304/05)

(Text with EEA relevance)

| 1. | On 18 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Koch Industries (‘Koch’, U.S.A.) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Georgia-Pacific Corporation (‘Georgia-Pacific’, U.S.A.) by way of a public bid announced on 13 November 2005. |
| --- | --- |

1.

On 18 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Koch Industries (‘Koch’, U.S.A.) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Georgia-Pacific Corporation (‘Georgia-Pacific’, U.S.A.) by way of a public bid announced on 13 November 2005.

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






  — | for Koch: trading, production and marketing of energy commodities, petrochemicals, minerals and pulp, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Koch: trading, production and marketing of energy commodities, petrochemicals, minerals and pulp,

| — | for Georgia-Pacific: production and marketing of tissue paper products, building products, packaging and paper. |
| --- | --- |

—

for Georgia-Pacific: production and marketing of tissue paper products, building products, packaging and paper.

| 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.4054 — Koch Industries/Georgia-Pacific, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-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.4054 — Koch Industries/Georgia-Pacific, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

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

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/15 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/15

---

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Amendment of public service obligations imposed on certain scheduled air services within Portugal

(2005/C 304/06)

(Text with EEA relevance)

| 1. | Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 the Portuguese Government has decided to amend, commencing on 1 January 2006, the public service obligations imposed on scheduled air services operated on the following routes:






  — | Lisbon/Ponta Delgada/Lisbon |
| --- | --- | --- |

1.

Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 the Portuguese Government has decided to amend, commencing on 1 January 2006, the public service obligations imposed on scheduled air services operated on the following routes:

—

Lisbon/Ponta Delgada/Lisbon

| — | Lisbon/Terceira/Lisbon |
| --- | --- |

—

Lisbon/Terceira/Lisbon

| — | Lisbon/Horta/Lisbon |
| --- | --- |

—

Lisbon/Horta/Lisbon

| — | Funchal/Ponta Delgada/Funchal |
| --- | --- |

—

Funchal/Ponta Delgada/Funchal

| — | Porto/Ponta Delgada/Porto |
| --- | --- |

—

Porto/Ponta Delgada/Porto

| — | Lisbon/Santa Maria/Lisbon |
| --- | --- |

—

Lisbon/Santa Maria/Lisbon

| — | Lisbon/Pico/Lisbon |
| --- | --- |

—

Lisbon/Pico/Lisbon

| 2. | The public service obligations are as follows:

  Capacity and continuity of service: | On each route, the overall capacity of scheduled air passenger and cargo transport offered by all carriers combined must be at least equivalent to the capacity specified in Annex I. |
| --- | --- | --- |

2.

The public service obligations are as follows:

Capacity and continuity of service:

On each route, the overall capacity of scheduled air passenger and cargo transport offered by all carriers combined must be at least equivalent to the capacity specified in Annex I.

| | The planned services must be guaranteed throughout each calendar year at least and, except in the following circumstances, may be suspended only with six months' notice. |
| --- | --- |

The planned services must be guaranteed throughout each calendar year at least and, except in the following circumstances, may be suspended only with six months' notice.

| | Reductions in capacity are subject to prior authorisation by the Portuguese Civil Aviation Institute, and may not be applied for six months if the overall capacity offered thereby falls below the threshold specified in the first paragraph of this point; the Portuguese Civil Aviation Institute must reply to the operator within 30 days following the notification. |
| --- | --- |

Reductions in capacity are subject to prior authorisation by the Portuguese Civil Aviation Institute, and may not be applied for six months if the overall capacity offered thereby falls below the threshold specified in the first paragraph of this point; the Portuguese Civil Aviation Institute must reply to the operator within 30 days following the notification.

| | Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled for the relevant season; ‘cancellation’ means that a flight scheduled to take place and on which at least one seat was booked fails to take place. |
| --- | --- |

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled for the relevant season; ‘cancellation’ means that a flight scheduled to take place and on which at least one seat was booked fails to take place.

| | In the event of temporary interruption of the air services due to unforeseen circumstances, cases of force majeure or other reasons, the programmed capacity must be increased by at least 60 % from the moment when services can be resumed until all the traffic backlog accumulated during the interruption in services has been cleared. |
| --- | --- |

In the event of temporary interruption of the air services due to unforeseen circumstances, cases of force majeure or other reasons, the programmed capacity must be increased by at least 60 % from the moment when services can be resumed until all the traffic backlog accumulated during the interruption in services has been cleared.

Punctuality:

| | Except in cases of force majeure, delays of more than 15 minutes directly attributable to the carrier may not affect more than 15 % of flights. |
| --- | --- |

Except in cases of force majeure, delays of more than 15 minutes directly attributable to the carrier may not affect more than 15 % of flights.

Type of aircraft used and operating conditions:

| | Services must be operated using duly certified jet-propelled aircraft with a seating capacity of at least 90; for services to and from Horta and Pico airports carriers must observe the conditions published in Aeronautical Information of Portugal (AIP). |
| --- | --- |

Services must be operated using duly certified jet-propelled aircraft with a seating capacity of at least 90; for services to and from Horta and Pico airports carriers must observe the conditions published in Aeronautical Information of Portugal (AIP).

Minimum frequency:

| — | On the Lisbon/Ponta Delgada/Lisbon route, at least one return trip a day, between 08.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/Santa Maria/ Lisbon route; |
| --- | --- |

—

On the Lisbon/Ponta Delgada/Lisbon route, at least one return trip a day, between 08.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/Santa Maria/ Lisbon route;

| — | On the Lisbon/Terceira/Lisbon route, at least four return trips a week, on different days, between 08.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/ Pico/Lisbon route; |
| --- | --- |

—

On the Lisbon/Terceira/Lisbon route, at least four return trips a week, on different days, between 08.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/ Pico/Lisbon route;

| — | On the Lisbon/Horta/Lisbon route, at least three return trips a week, between 08.00 and 21.00, throughout the year, on non-consecutive days; |
| --- | --- |

—

On the Lisbon/Horta/Lisbon route, at least three return trips a week, between 08.00 and 21.00, throughout the year, on non-consecutive days;

| — | On the Funchal/Ponta Delgada/Funchal route, at least one return trip a week, throughout the year; |
| --- | --- |

—

On the Funchal/Ponta Delgada/Funchal route, at least one return trip a week, throughout the year;

| — | On the Oporto/Ponta Delgada/Oporto route, at least two return trips a week, throughout the year, which may be combined with Lisbon, from October to June inclusive; |
| --- | --- |

—

On the Oporto/Ponta Delgada/Oporto route, at least two return trips a week, throughout the year, which may be combined with Lisbon, from October to June inclusive;

| — | On the Lisbon/Santa Maria/Lisbon route, at least one return trip a week, which may be combined with the Lisbon/Ponta Delgada/Lisbon route; |
| --- | --- |

—

On the Lisbon/Santa Maria/Lisbon route, at least one return trip a week, which may be combined with the Lisbon/Ponta Delgada/Lisbon route;

| — | On the Lisbon/Pico/Lisbon route, at least one return trip a week, throughout the year, which may be combined with the Lisbon/Terceira/Lisbon route. |
| --- | --- |

—

On the Lisbon/Pico/Lisbon route, at least one return trip a week, throughout the year, which may be combined with the Lisbon/Terceira/Lisbon route.

Where the flight schedules submitted by the carrier(s) provide for more than one service a day, flights must be operated between 06.30 local time at the place of departure and 00.30 local time at the destination; there must be at least one service a day between 08.00 and 21.00 and, at least three days a week, one of the services must be operated before 14.00.

Carriers are not precluded from operating other flights outside the timetables fixed above, provided they comply with the minimum frequencies and capacities laid down in the Commission notice. This option is subject to the operating restrictions laid down by law for national airports.

On the Funchal/Ponta Delgada/Funchal, Lisbon/Santa Maria/Lisbon and Lisbon/Pico/Lisbon routes, if the schedules submitted by the carrier(s) provide for more than one service a week, these must be operated on different days. On the Lisbon/Terceira/Lisbon, Lisbon/Horta/Lisbon and Oporto/Ponta Delgada/Oporto routes services must be spread evenly throughout the week. If the total number of services offered per week on any given route by all operators combined is more than 6 (six), there must be at least one service a day.

Fares:

| 1. | The fare structure must include:






  (a) | A fully flexible economy fare, a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo and specific products, etc.); |
| --- | --- | --- |

1.

The fare structure must include:

(a)

A fully flexible economy fare, a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo and specific products, etc.);

| (b) | A return PEX fare of EUR 221 on flights between the Azores and mainland Portugal, and a return PEX fare of EUR 162 on flights between the Azores and Funchal; |
| --- | --- |

(b)

A return PEX fare of EUR 221 on flights between the Azores and mainland Portugal, and a return PEX fare of EUR 162 on flights between the Azores and Funchal;

| (c) | Persons who have been resident for at least six months in the Autonomous Region of the Azores on islands with a direct service to mainland Portugal or to Funchal and residents of the Autonomous Region of Madeira will be entitled to a reduction of 33 % off the fully flexible economy class public fare; |
| --- | --- |

(c)

Persons who have been resident for at least six months in the Autonomous Region of the Azores on islands with a direct service to mainland Portugal or to Funchal and residents of the Autonomous Region of Madeira will be entitled to a reduction of 33 % off the fully flexible economy class public fare;

| (d) | Students aged 26 or under whose home or educational establishment is located in the Autonomous Region of the Azores and who, respectively, attend educational establishments or live elsewhere on national territory will be entitled to a reduction of 40 % off the fully flexible economy class public fare; |
| --- | --- |

(d)

Students aged 26 or under whose home or educational establishment is located in the Autonomous Region of the Azores and who, respectively, attend educational establishments or live elsewhere on national territory will be entitled to a reduction of 40 % off the fully flexible economy class public fare;

| (e) | On days when there is no direct service between Funchal/Ponta Delgada/Funchal, students aged 26 or under travelling to or from the Autonomous Region of the Azores may travel via Lisbon provided they use the same carrier on all sections of the journey. The flight schedule chosen must not allow a stopover in Lisbon; |
| --- | --- |

(e)

On days when there is no direct service between Funchal/Ponta Delgada/Funchal, students aged 26 or under travelling to or from the Autonomous Region of the Azores may travel via Lisbon provided they use the same carrier on all sections of the journey. The flight schedule chosen must not allow a stopover in Lisbon;

| (f) | The maximum cargo tariffs are set out in Annex II. |
| --- | --- |

(f)

The maximum cargo tariffs are set out in Annex II.

Each carrier must have the same fare structure for all the routes specified in point 1, whether the place of departure or destination is Lisbon or Oporto, and apply it without discrimination; however, promotions may be offered from time to time for point-to-point flights.

The fares must be displayed to the public, both at the points of sale and at the check-in counters.

| 2. | Residents and students will be charged the following net amounts, after deduction of the discounts specified in point 1(c) and (d) above:






  (a) | EUR 184: for residents of the Autonomous Region of the Azores, for return trips to mainland Portugal; |
| --- | --- | --- |

2.

Residents and students will be charged the following net amounts, after deduction of the discounts specified in point 1(c) and (d) above:

(a)

EUR 184: for residents of the Autonomous Region of the Azores, for return trips to mainland Portugal;

| (b) | EUR 160: for residents of the Autonomous Region of the Azores and the Autonomous Region of Madeira, for return trips between the Azores and Funchal; |
| --- | --- |

(b)

EUR 160: for residents of the Autonomous Region of the Azores and the Autonomous Region of Madeira, for return trips between the Azores and Funchal;

| (c) | EUR 143: for students, for return trips between the Azores and mainland Portugal; EUR 101: for students, for return trips between the Azores and Funchal. |
| --- | --- |

(c)

EUR 143: for students, for return trips between the Azores and mainland Portugal; EUR 101: for students, for return trips between the Azores and Funchal.

The fares and tariffs specified in point 1(b) and (f) and in point 2(a), (b) and (c) will be revised annually on 1 April, beginning in 2006, on the basis of the inflation rate for the previous year published in the Grandes Opções do Plano [Major Planning Options] and notified, by 28 February 2005, by INAC (the Portuguese Civil Aviation Institute) to the carriers operating the routes in question.

Carriers may levy a charge to offset the additional cost entailed by fuel price increases (AC), to be reviewed quarterly, by applying the following formula, rounded to the nearest unit:

AC = K × (B – 50,00)

Where

AC Additional cost of fuel OW

K 0,684862 × average USD/EUR exchange rate for the preceding quarter

B average barrel price in USD in the preceding quarter

Carriers may also levy a charge of at most EUR 16 and EUR 4, in respect of reservation and ticket issuing services, through their direct sales outlets and the call centre, respectively.

| 3. | The State will, under terms to be established by law, subsidise the journeys of residents and students, provided the criteria and fares specified in points 1 and 2 are applied. In 2006 the subsidy will be EUR 87 per return trip.
  Passenger fares and freight tariffs from or to any airport in the Autonomous Region of the Azores without a regular direct link to mainland Portugal or Funchal must be identical to those referred to above; passenger routes between mainland Portugal and the Autonomous Region of the Azores and between the Autonomous Regions must be limited to two flight coupons, i.e. one in each direction, and passenger routes within the Autonomous Region of the Azores must be limited to:






  — | two flight coupons for non-residents; |
| --- | --- | --- |

3.

The State will, under terms to be established by law, subsidise the journeys of residents and students, provided the criteria and fares specified in points 1 and 2 are applied. In 2006 the subsidy will be EUR 87 per return trip.

Passenger fares and freight tariffs from or to any airport in the Autonomous Region of the Azores without a regular direct link to mainland Portugal or Funchal must be identical to those referred to above; passenger routes between mainland Portugal and the Autonomous Region of the Azores and between the Autonomous Regions must be limited to two flight coupons, i.e. one in each direction, and passenger routes within the Autonomous Region of the Azores must be limited to:

—

two flight coupons for non-residents;

| — | three flight coupons for residents and students; |
| --- | --- |

—

three flight coupons for residents and students;

| — | for Corvo, one additional flight coupon will be allowed on days when there is no service. |
| --- | --- |

—

for Corvo, one additional flight coupon will be allowed on days when there is no service.

On days when an island has no direct service to mainland Portugal or to Funchal, residents and students may be routed via another gateway.

In addition to the abovementioned subsidy, the State will also pay the cost of transport for passengers in respect of journeys to or from islands with no direct service with mainland Portugal or Funchal. The fares approved by the Azores Regional Government for services within the Autonomous Region must be taken into account when calculating the cost of transport.

A no-show penalty may be set, not exceeding 10 % of the relevant economy class reference fare.

These public service obligations will apply without prejudice to the conclusion of interline agreements with other carriers on fares for services from or to places other than Lisbon, Oporto and Funchal.

Carriers may combine air services and use the same flight numbers, provided this has been authorised by the Portuguese Civil Aviation Institute.

Flight marketing:

Flights must be marketed using a computerised reservation system.

Transfer conditions:

Where the routes in question are operated by different carriers, the latter must make agreements between themselves to allow residents and students travelling to or from any airport in the Autonomous Region of the Azores to use different carriers for different sections of their journey.

Cargo and postal service

This must enable at least two tonnes of cargo, including mail, to be carried on each flight; the capacity offered by the carrier must be spread evenly throughout the week, with the following minimum requirements:

| — | 30 tonnes per day on the Lisbon/Ponta Delgada/Lisbon route; |
| --- | --- |

—

30 tonnes per day on the Lisbon/Ponta Delgada/Lisbon route;

| — | 25 tonnes on days when the minimum service required is operated on the Lisbon/Terceira/Lisbon route. |
| --- | --- |

—

25 tonnes on days when the minimum service required is operated on the Lisbon/Terceira/Lisbon route.

2 tonnes of cargo and mail per return journey must be carried on the Lisboa/Pico/Lisboa route every week.

The cargo and mail capacity on each flight will be determined by applying the following formula:

C = W – (0,75 × S × 97)

where

C is the cargo and mail capacity, in kg, offered on a flight;

W is the total weight, in kg, of the passengers, baggage, cargo and mail which can be transported on an aircraft in a given sector (allowed traffic load), obtained by subtracting the operating weight (aircraft, crew, fuel, catering and other operating items) from the maximum certified take-off weight;

S is the number of seats on the aircraft;

0,75 is the coefficient adopted for a load factor of 75 %

97 is the standard passenger and baggage weight of an adult passenger and his/her baggage (84 kg +13 kg) as specified in JAR-OPS 1.620.

| 3. | Given the special importance of the routes in question, and the exceptional nature of the service continuity requirements, Community carriers are hereby informed of the following conditions:






  — | Carriers wishing to operate all the routes in question must, within thirty days following publication of this notice, submit flight schedules for those routes for a year, in accordance with the requisite obligations; |
| --- | --- | --- |

3.

Given the special importance of the routes in question, and the exceptional nature of the service continuity requirements, Community carriers are hereby informed of the following conditions:

—

Carriers wishing to operate all the routes in question must, within thirty days following publication of this notice, submit flight schedules for those routes for a year, in accordance with the requisite obligations;

| — | Flight schedules not covering all the routes specified in point 1 will not be accepted, unless they are offers under code-share schemes, in which case fulfilment of the public service obligations regarding minimum frequency will be assessed with reference to all the flights offered on the shared flight schedule. In this case, the following requirements must be met:






  (a) | Carriers offering a flight schedule for one or more routes under a code-share scheme will be responsible for implementing the schedule; |
| --- | --- | --- |

—

Flight schedules not covering all the routes specified in point 1 will not be accepted, unless they are offers under code-share schemes, in which case fulfilment of the public service obligations regarding minimum frequency will be assessed with reference to all the flights offered on the shared flight schedule. In this case, the following requirements must be met:

(a)

Carriers offering a flight schedule for one or more routes under a code-share scheme will be responsible for implementing the schedule;

| (b) | Carriers which sign a code-share agreement must expressly state that they are collectively responsible for fulfilling the public service obligations and liable for the consequences of failing to fulfil these obligations, including administrative fines; |
| --- | --- |

(b)

Carriers which sign a code-share agreement must expressly state that they are collectively responsible for fulfilling the public service obligations and liable for the consequences of failing to fulfil these obligations, including administrative fines;

| (c) | Where services are operated under a code-share scheme, carriers must tell passengers which carrier will actually be operating each section of the journey when tickets are reserved, issued or sold and at the check-in desk at the airport; |
| --- | --- |

(c)

Where services are operated under a code-share scheme, carriers must tell passengers which carrier will actually be operating each section of the journey when tickets are reserved, issued or sold and at the check-in desk at the airport;

| — | Within thirty days after receiving the flight schedules and having consulted the carriers, the Portuguese Civil Aviation Institute must notify carriers of its final decision on the schedules submitted; |
| --- | --- |

—

Within thirty days after receiving the flight schedules and having consulted the carriers, the Portuguese Civil Aviation Institute must notify carriers of its final decision on the schedules submitted;

| — | Where a carrier announces that it intends to withdraw from or change its proposed flight schedule, the Portuguese Civil Aviation Institute must notify this fact to the other carriers, who may reformulate their flight schedules within the next 15 days; |
| --- | --- |

—

Where a carrier announces that it intends to withdraw from or change its proposed flight schedule, the Portuguese Civil Aviation Institute must notify this fact to the other carriers, who may reformulate their flight schedules within the next 15 days;

| — | All carriers holding a valid operating licence issued by a Member State in accordance with Regulation (EEC) No 2407/92 on licensing of air carriers, and an appropriate air operator's certificate may operate these services; |
| --- | --- |

—

All carriers holding a valid operating licence issued by a Member State in accordance with Regulation (EEC) No 2407/92 on licensing of air carriers, and an appropriate air operator's certificate may operate these services;

| — | All carriers holding a valid operating licence and an appropriate air operator's certificate, as specified in the preceding paragraph, and which in addition meet the following requirements may operate these services:






  (a) | They have paid all taxes owed to the Portuguese State; |
| --- | --- | --- |

—

All carriers holding a valid operating licence and an appropriate air operator's certificate, as specified in the preceding paragraph, and which in addition meet the following requirements may operate these services:

(a)

They have paid all taxes owed to the Portuguese State;

| (b) | They have paid all their social security contributions in Portugal or in the State of which they are nationals or in which they are established; |
| --- | --- |

(b)

They have paid all their social security contributions in Portugal or in the State of which they are nationals or in which they are established;

| — | Given the special nature of these services, carriers will have to demonstrate that the majority of the cabin crew on the flights in question can speak and understand Portuguese; |
| --- | --- |

—

Given the special nature of these services, carriers will have to demonstrate that the majority of the cabin crew on the flights in question can speak and understand Portuguese;

| — | Carriers will be allowed, in accordance with the applicable legislation and regulations, to subcontract to other carriers any additional capacity needed to meet the requirements of the flight schedule, but they remain responsible for complying with their obligations and implementing the schedule; |
| --- | --- |

—

Carriers will be allowed, in accordance with the applicable legislation and regulations, to subcontract to other carriers any additional capacity needed to meet the requirements of the flight schedule, but they remain responsible for complying with their obligations and implementing the schedule;

| — | Carriers must submit to the Portuguese Civil Aviation Institute, within the set time limits and separately from any flight schedules for other services, the flight schedule for each service subject to these amended public service obligations, giving the following information:






  (a) | the route in question; |
| --- | --- | --- |

—

Carriers must submit to the Portuguese Civil Aviation Institute, within the set time limits and separately from any flight schedules for other services, the flight schedule for each service subject to these amended public service obligations, giving the following information:

(a)

the route in question;

| (b) | IATA seasons; |
| --- | --- |

(b)

IATA seasons;

| (c) | flight identification number; |
| --- | --- |

(c)

flight identification number;

| (d) | timetables; |
| --- | --- |

(d)

timetables;

| (e) | capacity offered (per month, either in terms of frequency or in terms of seats); |
| --- | --- |

(e)

capacity offered (per month, either in terms of frequency or in terms of seats);

| (f) | period and days on which the service is to be operated; |
| --- | --- |

(f)

period and days on which the service is to be operated;

| (g) | type of aircraft/number of seats/cargo capacity; |
| --- | --- |

(g)

type of aircraft/number of seats/cargo capacity;

| (h) | passenger cabin layout; |
| --- | --- |

(h)

passenger cabin layout;

| (i) | written confirmation of knowledge and acceptance of the continuity of service conditions imposed by the amended public service obligations; |
| --- | --- |

(i)

written confirmation of knowledge and acceptance of the continuity of service conditions imposed by the amended public service obligations;

| (j) | current or future insurance policies. |
| --- | --- |

(j)

current or future insurance policies.

Carriers must also provide written details of the prices and associated conditions to be applied.

In addition they must submit a summary economic and financial plan. This must, however, contain a detailed estimate of their operating costs, for the purpose of calculating the operating guarantee, in the form of a bank guarantee.

| — | Interruption of the services in question without the advance notice provided for in the public service obligations set out above or failure to comply with those obligations will result in an administrative fine; |
| --- | --- |

—

Interruption of the services in question without the advance notice provided for in the public service obligations set out above or failure to comply with those obligations will result in an administrative fine;

| — | If, 60 days after the publication of this notice, the flight schedules submitted do not correspond, as a whole, to a volume of scheduled air transport that is at least equivalent to the capacity specified in Annex I, or if, at any time, the total supply falls to levels below the abovementioned capacity threshold without this being justified by decreased demand, the Portuguese Government reserves the right to impose new public service obligations, in accordance with the law; |
| --- | --- |

—

If, 60 days after the publication of this notice, the flight schedules submitted do not correspond, as a whole, to a volume of scheduled air transport that is at least equivalent to the capacity specified in Annex I, or if, at any time, the total supply falls to levels below the abovementioned capacity threshold without this being justified by decreased demand, the Portuguese Government reserves the right to impose new public service obligations, in accordance with the law;

| — | Community carriers are hereby informed that the National Institute of Civil Aviation will monitor compliance with these public service obligations. |
| --- | --- |

—

Community carriers are hereby informed that the National Institute of Civil Aviation will monitor compliance with these public service obligations.

---

ANNEX I

Minimum overall seating capacity

| ROUTE | Summer IATA | Winter IATA |
| --- | --- | --- |
| Lisbon/Ponta Delgada/Lisbon | 240 000 | 111 900 |
| Lisbon/Santa Maria/Lisbon | 8 100 | 5 500 |
| Lisbon/Terceira/Lisbon | 140 000 | 64 600 |
| Lisbon/Horta/Lisbon | 60 000 | 28 000 |
| Lisbon/Pico/Lisbon | 8 100 | 5 500 |
| Porto/Ponta Delgada/Porto | 55 000 | 22 500 |
| P.Delgada/Funchal/ P.Delgada | 17 000 | 5 600 |

ROUTE

Summer IATA

Winter IATA

Lisbon/Ponta Delgada/Lisbon

240 000

111 900

Lisbon/Santa Maria/Lisbon

8 100

5 500

Lisbon/Terceira/Lisbon

140 000

64 600

Lisbon/Horta/Lisbon

60 000

28 000

Lisbon/Pico/Lisbon

8 100

5 500

Porto/Ponta Delgada/Porto

55 000

22 500

P.Delgada/Funchal/ P.Delgada

17 000

5 600

Minimum overall cargo capacity (tonnes)

| ROUTE | Summer IATA | Winter IATA | Additional capacity in high season |
| --- | --- | --- | --- |
| Lisbon/Ponta Delgada/Lisbon | 14 000 | 7 500 | |
| Lisbon/Santa Maria/Lisbon | | | |
| Lisbon/Terceira/Lisbon | 8 000 | 4 400 | |
| Lisbon/Horta/Lisbon | 1 000 | 500 | 40 |
| Lisbon/Pico/Lisbon | 30 | 20 | |
| Porto/Ponta Delgada/Porto | | | |
| P.Delgada/Funchal/ P.Delgada | | | |

ROUTE

Summer IATA

Winter IATA

Additional capacity in high season

Lisbon/Ponta Delgada/Lisbon

14 000

7 500

Lisbon/Santa Maria/Lisbon

Lisbon/Terceira/Lisbon

8 000

4 400

Lisbon/Horta/Lisbon

1 000

500

40

Lisbon/Pico/Lisbon

30

20

Porto/Ponta Delgada/Porto

P.Delgada/Funchal/ P.Delgada

---

ANNEX II

Maximum cargo tariffs (EUR)

| | Lisbon and Oporto/Azores | Funchal/Azores |
| --- | --- | --- |
| Minimum | 8,44 EUR | 8,44 EUR |
| Normal | 1,01 EUR/Kg | 0,82 EUR/Kg |
| Quantity | 0,90 EUR/Kg | 0,62 EUR/Kg |
| Perishables/quantity | 0,63 EUR/Kg | 0,53 EUR/Kg |
| Special products | 0,80 EUR/Kg | 0,58 EUR/Kg |
| Special products/quantity | 0,73 EUR/Kg | |

Lisbon and Oporto/Azores

Funchal/Azores

Minimum

8,44 EUR

8,44 EUR

Normal

1,01 EUR/Kg

0,82 EUR/Kg

Quantity

0,90 EUR/Kg

0,62 EUR/Kg

Perishables/quantity

0,63 EUR/Kg

0,53 EUR/Kg

Special products

0,80 EUR/Kg

0,58 EUR/Kg

Special products/quantity

0,73 EUR/Kg

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/21 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/21

---

Prior notification of a concentration

(Case COMP/M.4007 — Reckitt Benckiser/Boots Healthcare International)

(2005/C 304/07)

(Text with EEA relevance)

| 1. | On 25 November 2005 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Reckitt Benckiser plc (‘Reckitt Benckiser’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Boots Healthcare International (‘BHI’, United Kingdom) by way of purchase of shares and assets. |
| --- | --- |

1.

On 25 November 2005 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Reckitt Benckiser plc (‘Reckitt Benckiser’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Boots Healthcare International (‘BHI’, United Kingdom) by way of purchase of shares and assets.

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






  — | for Reckitt Benckiser: manufacture and sale of household products as well as health, personal care and food products; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Reckitt Benckiser: manufacture and sale of household products as well as health, personal care and food products;

| — | for BHI: manufacture and sale mainly of over-the-counter pharmaceuticals. |
| --- | --- |

—

for BHI: manufacture and sale mainly of over-the-counter pharmaceuticals.

| 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.4007 — Reckitt Benckiser/Boots Healthcare International, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-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.4007 — Reckitt Benckiser/Boots Healthcare International, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

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

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/22 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/22

---

Non-opposition to a notified concentration

(Case COMP/M.3864 — FIMAG/Züblin)

(2005/C 304/08)

(Text with EEA relevance)

On 14 October 2005, 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 German and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 32005M3864. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3864. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/23 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/23

---

Notice of the expiry of certain countervailing measures

(2005/C 304/09)

Further to the publication of a notice of impending expiry (1), following which no request for a review was received, the Commission gives notice that the countervailing measures mentioned below will shortly expire.

This notice is published in accordance with Article 18(4) of Council Regulation (EC) No 2026/97 (2) of 6 October 1997 on protection against subsidised imports from countries not members of the European Community.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| PET
  (polyethylene terephthalate) | Malaysia
  Thailand | Countervailing duty | Council Regulation (EC) No 2603/2000 (OJ L 301, 30.11.2000, p. 1) as last amended by Regulation (EC) No 1645/2005 (OJ L 266, 11.10.2005, p. 1) | 1.12.2005 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

PET

(polyethylene terephthalate)

Malaysia

Thailand

Countervailing duty

Council Regulation (EC) No 2603/2000 (OJ L 301, 30.11.2000, p. 1) as last amended by Regulation (EC) No 1645/2005 (OJ L 266, 11.10.2005, p. 1)

1.12.2005

---

(1)  OJ C 52, 2.3.2005, p. 2

(2)  OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12)

---

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 1.12.2005 | EN | Official Journal of the European Union | C 304/24 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/24

---

Amendments to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice

(2005/C 304/10)

The Agreements amending Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice signed in Brussels on 4 June 2004 and 24 September 2004 entered into force on 20 May 2005. The Agreement amending Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice inserting new Articles 13 an 22 in chapter XIII of part III signed in Brussels on 4 June 2004 and the Agreement amending Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice of 3 December 2004 entered into force on 1 July 2005.

These Agreements and the updated consolidated version of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice have now been published on the EFTA Secretariat's website.

They can be found through the following links:

http://secretariat.efta.int/Web/legaldocuments/ESAAndEFTACourtAgreement/Amendments

and http://secretariat.efta.int/Web/legaldocuments/ESAAndEFTACourtAgreement/Documents/

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/25 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/25

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1d of Annex XV to the EEA Agreement (Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid)

(2005/C 304/11)

| Aid No | Training Aid 2/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Troms |
| Title of aid scheme | Action Plan for Business Development in Troms 2004-2007 (Handlingsplan for næringsrettede utviklingstiltak i Troms 2004-2007)
  Regional Development Programme for Troms 2004-2007 (Regionalt utviklingsprogram for Troms 2004-2007) |
| Legal basis | Transfers to Troms fylkeskommune over the State Budget (St. prp. No 1 2004-2005), post No 551.61 and 551.60 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 15 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 15.11.2004 |
| Duration of scheme or individual aid award | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Troms fylkeskommune |
| Address:





  Postboks 6600 |
| 9296 Tromsø |

Aid No

Training Aid 2/2005

EFTA State

Norway

Region

Troms

Title of aid scheme

Action Plan for Business Development in Troms 2004-2007 (Handlingsplan for næringsrettede utviklingstiltak i Troms 2004-2007)

Regional Development Programme for Troms 2004-2007 (Regionalt utviklingsprogram for Troms 2004-2007)

Legal basis

Transfers to Troms fylkeskommune over the State Budget (St. prp. No 1 2004-2005), post No 551.61 and 551.60

Annual expenditure planned under the scheme

Annual overall amount: EUR 15 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

15.11.2004

Duration of scheme or individual aid award

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Troms fylkeskommune

Address:

Postboks 6600

9296 Tromsø

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training aid 3/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Helgeland |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by RDA-styret Helgeland Regionråd IKS, Org. No 987 732 881 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount EUR 2,5 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  RDA-Styret Helgeland Regionråd IKS |
| Address:





  Postboks 405 |
| 8801 Sandnessjøen |

Aid No

Training aid 3/2005

EFTA State

Norway

Region

Nordland/Helgeland

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by RDA-styret Helgeland Regionråd IKS, Org. No 987 732 881

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount EUR 2,5 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

RDA-Styret Helgeland Regionråd IKS

Address:

Postboks 405

8801 Sandnessjøen

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training Aid 4/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Lofoten |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Lofotrådet, Org. No 971 396 679 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 1,5 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Lofotrådet |
| Address:





  Postboks 406 |
| 8376 Leknes |

Aid No

Training Aid 4/2005

EFTA State

Norway

Region

Nordland/Lofoten

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Lofotrådet, Org. No 971 396 679

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 1,5 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Lofotrådet

Address:

Postboks 406

8376 Leknes

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training aid 5/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Ofoten |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Ofotsamvirke, Org. No 926 251 560 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 2 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Ofotsamvirke |
| Address:





  Postboks 64 |
| 8501 Narvik |

Aid No

Training aid 5/2005

EFTA State

Norway

Region

Nordland/Ofoten

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Ofotsamvirke, Org. No 926 251 560

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 2 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Ofotsamvirke

Address:

Postboks 64

8501 Narvik

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training Aid 6/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Salten |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Salten Regionråd, Org. No 976 821 963 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 3 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.11.2004 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Salten Regionråd |
| Address:





  Prinsens gate 113 A |
| 8001 Bodø |

Aid No

Training Aid 6/2005

EFTA State

Norway

Region

Nordland/Salten

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Salten Regionråd, Org. No 976 821 963

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 3 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.11.2004

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Salten Regionråd

Address:

Prinsens gate 113 A

8001 Bodø

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training aid 7/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Sør Helgeland |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Sør-Helgeland Regionråd, Org. No 974 789 353 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 1,5 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Sør-Helgeland Regionråd |
| Address:





  Postboks 473 |
| 8900 Brønnøysund |

Aid No

Training aid 7/2005

EFTA State

Norway

Region

Nordland/Sør Helgeland

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Sør-Helgeland Regionråd, Org. No 974 789 353

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 1,5 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Sør-Helgeland Regionråd

Address:

Postboks 473

8900 Brønnøysund

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training Aid 8/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Vesterålen |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Vesterålen Regionråd, Org. No 974 790 653 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 2,5 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Vesterålen Regionråd |
| Address:





  Postboks 243 |
| 8401 Sortland |

Aid No

Training Aid 8/2005

EFTA State

Norway

Region

Nordland/Vesterålen

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Vesterålen Regionråd, Org. No 974 790 653

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 2,5 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Vesterålen Regionråd

Address:

Postboks 243

8401 Sortland

Large individual aid grants

In conformity with Article 5 of the Regulation

| Aid No | Training aid 9/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Indre Helgeland |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Indre Helgeland Regionråd, Org. No 988 348 546 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 3 million |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | General training
  Specific training |
| Economic sectors concerned | All sectors eligible for training aid |
| Name and address of the granting authority | Name:
  Indre Helgeland Regionråd |
| Address:





  Postboks 10 |
| 8648 Korgen |

Aid No

Training aid 9/2005

EFTA State

Norway

Region

Nordland/Indre Helgeland

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Indre Helgeland Regionråd, Org. No 988 348 546

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 3 million

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of the granting authority

Name:

Indre Helgeland Regionråd

Address:

Postboks 10

8648 Korgen

Large individual aid grants

In conformity with Article 5 of the Regulation

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/30 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/30

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1f of Annex XV to the EEA Agreement (Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises)

(2005/C 304/12)

| Aid No | Aid to small and medium-sized enterprises 2/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Troms |
| Title of aid scheme | Action Plan for Business Development in Troms 2004-2007 (Handlingsplan for næringsrettede utviklingstiltak i Troms 2004-2007)
  Regional Development Programme for Troms 2004-2007 (Regionalt utviklingsprogram for Troms 2004-2007) |
| Legal basis | Transfers to Troms fylkeskommune, the State Budget (St. prp. No 1 2004-2005), post No 551.61 and 551.60 |
| Annual expenditure planned under the aid scheme | Annual overall amount: EUR 10 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 15.11.2004 |
| Duration of aid scheme | Until 31.12.2007 |
| Objective of aid | Aid to SME:
  Investment aid: buildings, constructions, machinery, basic investments, procurement of patents, licenses, technical know-how, new investments |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Troms fylkeskommune |
| Address:





  Postboks 6600 |
| 9296 Tromsø |

Aid No

Aid to small and medium-sized enterprises 2/2005

EFTA State

Norway

Region

Troms

Title of aid scheme

Action Plan for Business Development in Troms 2004-2007 (Handlingsplan for næringsrettede utviklingstiltak i Troms 2004-2007)

Regional Development Programme for Troms 2004-2007 (Regionalt utviklingsprogram for Troms 2004-2007)

Legal basis

Transfers to Troms fylkeskommune, the State Budget (St. prp. No 1 2004-2005), post No 551.61 and 551.60

Annual expenditure planned under the aid scheme

Annual overall amount: EUR 10 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

15.11.2004

Duration of aid scheme

Until 31.12.2007

Objective of aid

Aid to SME:

Investment aid: buildings, constructions, machinery, basic investments, procurement of patents, licenses, technical know-how, new investments

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Troms fylkeskommune

Address:

Postboks 6600

9296 Tromsø

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 3/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Helgeland |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by RDA-styret Helgeland Regionråd, Org. No 987 732 881 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 2,0 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  RDA-styret Helgeland Regionråd IKS |
| Address:





  Postboks 405 |
| 8801 Sandnessjøen |

Aid No

Aid to small and medium-sized enterprises 3/2005

EFTA State

Norway

Region

Nordland/Helgeland

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by RDA-styret Helgeland Regionråd, Org. No 987 732 881

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 2,0 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

RDA-styret Helgeland Regionråd IKS

Address:

Postboks 405

8801 Sandnessjøen

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 4/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Lofoten |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Lofotrådet, Org. No 971 396 679 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 3 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Lofotrådet |
| Address:





  Postboks 406 |
| 8376Leknes |

Aid No

Aid to small and medium-sized enterprises 4/2005

EFTA State

Norway

Region

Nordland/Lofoten

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Lofotrådet, Org. No 971 396 679

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 3 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Lofotrådet

Address:

Postboks 406

8376Leknes

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 5/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Ofoten |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Ofotsamvirke, Org. No 926 251 560 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 2 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Ofotsamvirke |
| Address:





  Postboks 64 |
| 8501 Narvik |

Aid No

Aid to small and medium-sized enterprises 5/2005

EFTA State

Norway

Region

Nordland/Ofoten

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Ofotsamvirke, Org. No 926 251 560

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 2 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Ofotsamvirke

Address:

Postboks 64

8501 Narvik

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 6/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Salten |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Salten Regionråd, Org. No 976 821 963 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 5 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.11.2004 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Salten Regionråd |
| Address:





  Prinsens gate 113 A |
| 8001 Bodø |

Aid No

Aid to small and medium-sized enterprises 6/2005

EFTA State

Norway

Region

Nordland/Salten

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Salten Regionråd, Org. No 976 821 963

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 5 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.11.2004

Duration of scheme

Until 31.12.2007

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Salten Regionråd

Address:

Prinsens gate 113 A

8001 Bodø

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 7/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Sør Helgeland |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Sør-Helgeland Regionråd, Org. No 974 789 353 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 1,5 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.4.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Sør-Helgeland Regionråd |
| Address:





  Postboks 473 |
| 8900 Brønnøysund |

Aid No

Aid to small and medium-sized enterprises 7/2005

EFTA State

Norway

Region

Nordland/Sør Helgeland

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Sør-Helgeland Regionråd, Org. No 974 789 353

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 1,5 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.4.2005

Duration of scheme

Until 31.12.2007

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Sør-Helgeland Regionråd

Address:

Postboks 473

8900 Brønnøysund

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 8/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Vesterålen |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Vesterålen Regionråd, Org. No 974 790 653 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 3,0 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.2.2005 |
| Duration of scheme | Until 31.12.2005 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Vesterålen Regionråd |
| Address:





  Postboks 243 |
| 8401 Sortland |

Aid No

Aid to small and medium-sized enterprises 8/2005

EFTA State

Norway

Region

Nordland/Vesterålen

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Vesterålen Regionråd, Org. No 974 790 653

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 3,0 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.2.2005

Duration of scheme

Until 31.12.2005

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Vesterålen Regionråd

Address:

Postboks 243

8401 Sortland

Large individual aid grants

In conformity with Article 6 of the Regulation

| Aid No | Aid to small and medium-sized enterprises 9/2005 |
| --- | --- |
| EFTA State | Norway |
| Region | Nordland/Indre Helgeland |
| Title of aid scheme | Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)
  Administered by Indre Helgeland Regionråd, Org. No 988 348 546 |
| Legal basis | State Budget (St. prp. No 1 2004-2005) post No 551.61 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 3 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation |
| Date of implementation | 1.1.2005 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Aid to SMEs |
| Economic sectors concerned | All sectors eligible for aid to SMEs |
| Name and address of the granting authority | Name:
  Indre Helgeland Regionråd |
| Address:





  Postboks 10 |
| 8648 Korgen |

Aid No

Aid to small and medium-sized enterprises 9/2005

EFTA State

Norway

Region

Nordland/Indre Helgeland

Title of aid scheme

Action Plan for Business Development in Nordland 2005-2007 (Handlingsplan for næringsrettede utviklingstiltak i Nordland 2005-2007)

Administered by Indre Helgeland Regionråd, Org. No 988 348 546

Legal basis

State Budget (St. prp. No 1 2004-2005) post No 551.61

Annual expenditure planned under the scheme

Annual overall amount: EUR 3 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1.1.2005

Duration of scheme

Until 31.12.2007

Objective of aid

Aid to SMEs

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of the granting authority

Name:

Indre Helgeland Regionråd

Address:

Postboks 10

8648 Korgen

Large individual aid grants

In conformity with Article 6 of the Regulation

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/35 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/35

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1g of Annex XV to the EEA Agreement (Commission Regulation (EC) No 2204/2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment)

(2005/C 304/13)

| Aid No | Employment aid 1/2005 — Norway |
| --- | --- |
| EFTA State | Norway |
| Region | Troms |
| Title of aid scheme | Action Plan for Business Development in Troms 2004-2007 (Handlingsplan for næringsrettede utviklingstiltak i Troms 2004-2007)
  Regional Development Programme for Troms 2004-2007 (Regionalt utviklingsprogram for Troms 2004-2007) |
| Legal basis | Transfers to Troms fylkeskommune, the State Budget (St. prp. No 1 2004-2005), post No 551.61 and 551.60 |
| Annual expenditure planned under the scheme | Annual overall amount: EUR 5 million |
| Maximum aid intensity | In conformity with Article 4(2)-(5) and Articles 5 and 6 of the Regulation |
| Date of implementation | 15.11.2004 |
| Duration of scheme | Until 31.12.2007 |
| Objective of aid | Creation of employment, recruitment of disadvantaged and disabled workers and employment of disabled workers |
| Economic sectors concerned | — | All Community sectors (1) eligible for employment aid |

Aid No

Employment aid 1/2005 — Norway

EFTA State

Norway

Region

Troms

Title of aid scheme

Action Plan for Business Development in Troms 2004-2007 (Handlingsplan for næringsrettede utviklingstiltak i Troms 2004-2007)

Regional Development Programme for Troms 2004-2007 (Regionalt utviklingsprogram for Troms 2004-2007)

Legal basis

Transfers to Troms fylkeskommune, the State Budget (St. prp. No 1 2004-2005), post No 551.61 and 551.60

Annual expenditure planned under the scheme

Annual overall amount: EUR 5 million

Maximum aid intensity

In conformity with Article 4(2)-(5) and Articles 5 and 6 of the Regulation

Date of implementation

15.11.2004

Duration of scheme

Until 31.12.2007

Objective of aid

Creation of employment, recruitment of disadvantaged and disabled workers and employment of disabled workers

Economic sectors concerned

—

All Community sectors (1) eligible for employment aid

| — | All manufacturing |
| --- | --- |

—

All manufacturing

| — | All services (1) |
| --- | --- |

—

All services (1)

| — | Other |
| --- | --- |

—

Other

Name and address of the granting authority

Name:

Troms fylkeskommune

Address:

| Postboks 6600 |
| --- |
| 9296 Tromsø |

Postboks 6600

9296 Tromsø

Aid subject to prior notification to the Commission

In conformity with Article 9 of the Regulation

---

(1)  With the exception of the shipbuilding sector and other sectors subject to special rules in regulations and directives governing all State aid within the sector.

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/36 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/36

---

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement

EFTA Surveillance Authority decision not to raise objections

(2005/C 304/14)

Date of adoption:

EFTA State: Norway

Aid No: Case 56573

Title: Scheme for reducing nitrogen oxide emissions from vessels in the Norwegian Shipping Register

Objective: The Scheme's primery objective is environmental protection, through the reduction of NOx emissions from shipping vessels. It is intended to facilitate the financing of nitrogen oxide reducing measures, including the purchase of new engines for vessels

Legal basis: Parliament decision nr 124 of 9 December 2003 (in case nr 2, published in the Parliament journal (Stortingstidende) page 1046-1053, 1071-1073), proposed by The Standing Committee on Business and Industry 3 December 2003 (Proposed decision IV of Innst.S.nr.71 (2003-2004))

Budget/Duration: NOK 500 million for loans and NOK 75 million for interest subsidies. The scheme will run until 31 December 2005

The authentic text of the decision, from which all confidential information has been removed, can be found at:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregister

---

| 1.12.2005 | EN | Official Journal of the European Union | C 304/37 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/37

---

Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons

Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — 19th Licensing Round

(2005/C 304/15)

The Norwegian Ministry of Petroleum and Energy hereby announces an invitation to apply for petroleum production licences on the Norwegian Continental Shelf in accordance with Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons, Article 3(2)(a).

Applications for petroleum production licences shall be submitted to

| The Ministry of Petroleum and Energy |
| --- |
| P.O. Box 8148 Dep. |
| N-0033 Oslo |

The Ministry of Petroleum and Energy

P.O. Box 8148 Dep.

N-0033 Oslo

by 12.00 noon on 15 November 2005, or no later than 90 days after the publication of this announcement in the Official Journal, whichever occurs later.

The award of petroleum production licences in the 19th Licensing Round on the Norwegian Continental Shelf is planned to take place in the first quarter of 2006.

Further information may be obtained by contacting the Ministry of Petroleum and Energy, tel: (47) 22 24 63 33.

---

EFTA Court

| 1.12.2005 | EN | Official Journal of the European Union | C 304/38 |
| --- | --- | --- | --- |

1.12.2005

EN

Official Journal of the European Union

C 304/38

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Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur by decision of that court of 4 May 2005 in the case of HOB-vín ehf. v the Icelandic State and the State Alcohol and Tobacco Company of Iceland

(Case E-4/05)

(2005/C 304/16)

A request has been made to the EFTA Court by decision of 4 May 2005 of Héraðsdómur Reykjavíkur (Reykjavík District Court), Iceland, which was received at the Court Registry on 17 June 2005, for an Advisory Opinion in the case of HOB-vín ehf. v the Icelandic State and the State Alcohol and Tobacco Company of Iceland, on the following questions:

| 1. | Do Articles 11 and 16 of the Agreement on the European Economic Area prevent a state enterprise, which holds exclusive right to the retail sale of alcoholic beverages, from demanding that its suppliers deliver to the enterprise alcoholic beverages for retail sale on a specific type of pallet (EUR pallet), and furthermore that that the price of the pallet be included in the product price? |
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1.

Do Articles 11 and 16 of the Agreement on the European Economic Area prevent a state enterprise, which holds exclusive right to the retail sale of alcoholic beverages, from demanding that its suppliers deliver to the enterprise alcoholic beverages for retail sale on a specific type of pallet (EUR pallet), and furthermore that that the price of the pallet be included in the product price?

| 2. | Does Article 59 of the Agreement prevent requirements of this sort? |
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2.

Does Article 59 of the Agreement prevent requirements of this sort?

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