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I Information

Commission

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Euro exchange rates (1)

4 August 2005

(2005/C 191/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Prior notification of a concentration

(Case COMP/M.3918 — Doughty Hanson/Moeller)

Candidate case for simplified procedure

(2005/C 191/02)

(Text with EEA relevance)

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

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

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Non-opposition to a notified concentration

(Case COMP/M.3817 — Wegener/PCM/JV)

(2005/C 191/03)

(Text with EEA relevance)

On 7 July 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(2) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2005/C 191/04)

(Text with EEA relevance)

Date of adoption of the decision: 

Member State: Cyprus

Aid No: N69/2005

Title: Cyprus Airways (Rescue Aid)

Objective: Air transport

Legal basis: Απόφαση του Υπουργικού Συμβουλίου της Δημοκρατίας της Κύπρου της 3ης Φεβρουαρίου 2005 για τη χορήγηση ενίσχυσης διάσωσης στην Cyprus Airways Ltd

Budget: State guarantee for a loan of CY£30 million, (€51 million)

Duration: The loan will be prepaid with 12 months

Other information: The Cypriot authorities have undertaken to notify a restructuring plan in respect of Cyprus Airways Ltd. within 6 months of the authorisation by the Commission of the rescue aid.

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption: 

Member State: Estonia

Aid number: N 601/2004

Title: Promotion of research and development

Objective: R&D aid for large enterprises (all sectors)

Legal basis: Majandus- ja kommunikatsiooniministri määrus ‘Eesti riikliku arengukava Euroopa Liidu struktuurifondide kasutuselevõtuks — ühtne programmdokument aastateks 2004-2006’ meetme nr 2.3 ‘Teadus- ja arendustegevuse ning innovatsiooni edendamine’ osa ‘Teadus- ja arendustegevuse projektide toetamine’ tingimused

Budget: Total budget 2,56 Mi€

Intensity or amount: Up to 50 % for industrial research projects.

Up to 25 % for pre-competitive development activities.

Up to 75 % for feasibility studies preparatory to industrial research activities.

Up to 50 % for feasibility studies preparatory to pre-competitive development activities.

The bonuses can be applied.

Duration: 1.1.2005-31.12.2006

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

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

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

(2005/C 191/05)

(Text with EEA relevance)

Aid number: XS 2/03

Member State: Austria

Title of aid scheme: Aid scheme for young entrepreneurs (including business establishment bonus) 2001-2006

Legal basis: Richtlinien für die Jungunternehmer/innen-Förderungsaktion vom 28.11.2002

Bundesgesetz über besondere Förderungen von kleinen und mittleren Unternehmen (BGBl. Nr. 432/1996) idgF. im folgenden kurz KMU-FG

Bürgschaftsbedingungen der Austria Wirtschaftsservice

Garantiebedingungen der Austria Wirtschaftsservice für Leasingfinanzierungen

Ergänzende Förderungsbedingungen der Austria Wirtschaftsservice

Die Richtlinien für die Jungunternehmer/innen-Förderungsaktion wurden bis 27.11.2002 als ‘De-minimis’-Förderung abgewickelt.

Annual expenditure planned under the scheme: Expenditure in the last 3 years:

Grant payments:

2001: €7,4 million; 2000: €7,4 million; 1999: €5,9 million

Business establishment bonus:

2001: €10 000; 2000: €5 000; 1999: no payments yet

Guarantee payments:

2001: €1,1 million; 2000: €1,0 million; 1999: €0,5 million

Guarantees credit volume:

2001: €40,4 million; 2000: €54,5 million; 1999: €40,7 million

Planning up to 2006 (in € million):

Maximum aid intensity: 

Date of implementation: Date of entry into force of the aid scheme: 28.11.2002, i.e. aid commitments as from 28.11.2002 are based on Commission Regulation (EC) No 70/2001 of 12.1.2001

Duration of scheme: 28.11.2002 (date of aid commitment) — 31.12.2006 (date of submission of application)

Objective: Support for the establishment or taking-over of competitive, economically independent small businesses

Economic sector(s) concerned: All sectors except for tourism and the leisure industry and agriculture and forestry

Name and address of the granting authority: 

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Implementation of the .eu Top Level Domain (Regulation (EC) No 733/2002)

Publication of lists with regard to geographical and/or geo-political concepts

(2005/C 191/06)

In accordance with article 5.2 of Regulation 733/2002 on the implementation of the .eu Top Level Domain, a number of Member States have notified to the Commission and to the other Member States limited lists of broadly-recognised names with regard to geographical and/or geo-political concepts which affect their political or territorial organisation, that may in consequence not be registered (Article 5.2a), or be registered only under a second level domain (Article 5.2b).

The Regulation requires the Commission to publish these lists which can be found in their original format as notified by Member States on the following website:

http://europa.eu.int/information_society/policy/doteu/library/article_5-2

These lists can also be found by selecting the homepage of the Directorate-General Information Society: http://europa.eu.int/information_society and then following the path IS Industry → Communications → Internet → Quicklinks — Policies — dotEU → Library.

According to the procedure foreseen in Article 5(2) of Regulation 733/2002, a Member State or the Commission can raise objections to an item included in a notified list within 30 days of this publication.

Objections need to be submitted in writing by any of the following means of communication, although the Commission suggests using email wherever possible:

Any enquiries may be made via email (as above), via fax ((32-2) 29 69 229, from outside Belgium: (32-2) 29 69 229) or by telephoning on (32-2) 29 53 443 (from outside Belgium: (32-2) 29 53 443).

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Notice inviting applications for authorisation to extract hydrocarbons in block P8 of the Dutch continental shelf

(2005/C 191/07)

The Minister for Economic Affairs of the Kingdom of the Netherlands hereby gives notice that an application has been received for authorisation to extract hydrocarbons in block P8 as marked on the map attached as Annex 3 to the Mining Regulation (Government Gazette 2002, No 245).

With reference to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons and the publication required by Article 15 of the Mining Act (Bulletin of Acts and Decrees 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit an application for authorisation to extract hydrocarbons in block P8 of the Dutch continental shelf.

Applications may be submitted during the 13 weeks following the publication of this invitation in the Official Journal of the European Union and must be sent to the Minister for Economic Affairs, for the attention of the Director of Energy Production, Prinses Beatrixlaan 5, The Hague, Netherlands, and marked ‘personal’. Applications submitted following the expiry of this period will not be considered.

A decision on applications will be taken not later than twelve months after the expiry of the period.

Further information can be obtained from the following telephone number: (31 70) 379 66 94.

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Notice inviting applications for authorisation to prospect for hydrocarbons in the ‘Utrecht’ area

(2005/C 191/08)

The Minister for Economic Affairs of the Kingdom of the Netherlands hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in the ‘Utrecht’ area. The area is delimited by the following points, having as their coordinates:

and the straight lines between points A-B, B-C, D-E, E-F, F-G and A-H, the provincial boundary between North Brabant and Gelderland between points C and D, and the boundary of the ‘Rijswijk’ extraction authorisation (Government Gazette 1955, No 21) between points G and H.

The coordinates correspond to the system used by the Rijks Driehoeksmeting, as specified in Article 1.2.2(1)(a) of the Mining Regulation (Government Gazette 2002, No 245).

With reference to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons and the publication required by Article 15 of the Mining Act (Bulletin of Acts and Decrees 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit an application for authorisation to prospect for hydrocarbons in the ‘Utrecht’ area.

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to the Minister for Economic Affairs, for the attention of the Director of Energy Production, Prinses Beatrixlaan 5, The Hague, Netherlands, and marked ‘personal’. Applications submitted after the expiry of this period will not be considered.

A decision on the applications will be taken not later than twelve months after the period has expired.

Further information can be obtained from the following telephone number: (31-70) 379 66 94).

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Prior notification of a concentration

(Case COMP/M.3874 — CVC/Ruhrgas Industries)

(2005/C 191/09)

(Text with EEA relevance)

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

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Notice of initiation of an anti-dumping proceeding concerning imports of recordable digital versatile discs (DVD+/-R) originating in the People's Republic of China, Hong Kong and Taiwan

(2005/C 191/10)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of recordable digital versatile discs (DVD+/-R), originating in the People's Republic of China, Hong Kong and Taiwan (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 24 June 2005 by CECMA (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 60 %, of the total Community production of DVD+/-Rs.

2.   Product

The product allegedly being dumped is recordable digital versatile discs (DVD+/-R) originating in the People's Republic of China, Hong Kong and Taiwan (‘the product concerned’), normally declared within CN code ex 8523 90 00. This CN code is only given for information.

3.   Allegation of dumping

The allegation of dumping in respect of Taiwan is based on a comparison of normal value established on the basis of domestic prices, with the export prices of the product concerned when sold for export to the Community.

The allegation of dumping for Hong Kong is based, in the absence of sufficient sales in the domestic market, on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the Community.

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for the People's Republic of China on the basis of a constructed normal value in a market economy country, which is mentioned in point 5.1(d).The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant for all exporting countries concerned.

4.   Allegation of injury

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

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China, Hong Kong and Taiwan is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

(i)   Sampling for exporters/producers in the People's Republic of China, Hong Kong 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 format indicated in point 7 of this notice:

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 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 of this notice:

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

(iii)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the 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 co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, Hong Kong and Taiwan, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting countries concerned.

Exporters/producers in the People's Republic of China, Hong Kong and Taiwan claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(a)(i). However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

(d)   Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose Taiwan as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).

(e)   Market economy status

For those exporters/producers in the People's Republic of China who claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in point 6(d). The Commission will send claim forms to all exporters/producers in the People's Republic of China named in the complaint and to any association of exporters/producers named in the complaint, where addresses are available, as well as to the authorities of the People's Republic of China.

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

Parties to the investigation may wish to comment on the appropriateness of Taiwan which, as mentioned in point 5.1(d), is envisaged as a market economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

(d)   Specific time limit for submission of claims for market economy status and/or for individual treatment

Duly substantiated claims for market economy status (as mentioned in point 5.1(e)) and/or for individual treatment pursuant to Article 9(5) of the basic Regulation, must reach the Commission within 15 days of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (4)’ 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:

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.

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

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

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

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

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III Notices

Commission

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F-Grenoble: operation of scheduled air services

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Grenoble (Saint Geoirs) and Paris (Orly)

(2005/C 191/11)

(Text with EEA relevance)

1.   Introduction:: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has decided to impose a public service obligation on scheduled air services between Grenoble (Saint Geoirs) and Paris (Orly). The terms of this public service obligation were published in the Official Journal of the European Union C 191 of 5.8.2005.

If on 2.12.2005 no air carrier has begun or is about to begin operating scheduled air services between Grenoble (Saint Geoirs) and Paris (Orly) in accordance with the public service obligation imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, to limit access to a single carrier and to offer the right to operate such services from 2.1.2006 by public tender.

2.   Subject of the invitation to tender:: Operation from 2.1.2006 of scheduled air services between Grenoble (Saint Geoirs) and Paris (Orly) in accordance with the public service obligation imposed on this route, as published in the Official Journal of the European Union C 191 of 5.8.2005.

3.   Participation in the invitation to tender:: Participation is open to all carriers who hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

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

5.   Tender dossier:: The complete tender dossier, comprising the specific rules governing the invitation to tender and the public service delegation agreement together with its technical annex (text of the public service obligations published in the Official Journal of the European Union) may be obtained free of charge from:

Conseil Général de l'Isère, Direction des Transports, 7 rue Fantin Latour - BP 1096, F-38022 Grenoble Cedex 1.

6.   Financial compensation:: Tenders must explicitly state the amount of compensation required for operating the route for 3 years from the scheduled starting date (with an annual breakdown). The exact amount of compensation finally granted will be determined each year ex-post on the basis of the costs and revenue actually generated by the service, within the limits of the amount given in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions.

The annual payments will be made in the form of instalments and a balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in paragraph 8 below.

In the event of termination of the contract before its normal expiry date, paragraph 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first sub-paragraph being reduced, where appropriate, in proportion to the actual duration of the service.

7.   Duration of the contract:: The duration of the contract (public service delegation agreement) is 3 years from the date scheduled for the commencement of the air services mentioned in paragraph 2 of this invitation to tender.

8.   Verification of the operation of the service and of the carrier's accounts:: The operation of the service and the carrier's cost accounting for the route in question will be the subject of at least 1 annual examination in cooperation with the carrier.

9.   Termination of contract and notice:: The contract may be cancelled by either contracting party before the end of the normal period of validity by giving 6 months' notice. Should the carrier fail to comply with the public service obligation, it will be deemed to have terminated the contract without notice if it fails to resume the service in accordance with the public service obligation within 1 month of the serving of formal notice.

10.   Reductions in financial compensation:: Failure by the carrier to observe the period of notice stipulated in paragraph 9 will lead to the imposition either of an administrative fine, pursuant to Article R.330-20 of the Civil Aviation Code, or a reduction in financial compensation calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in paragraph 6.

In the event of serious breaches of the public service obligation, the carrier may be deemed to have terminated the contract without notice.

In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in paragraph 6 shall be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions shall take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, the number of flights not complying with the public service obligation regarding stopovers, and the number of days of non-compliance with the public service obligation regarding time at destination, fares charged or the use of computerised reservation services.

11.   Submission of tenders:: Tenders must be sent by registered letter with acknowledgement of receipt, date as post-marked, or delivered by hand with receipt, at the latest 6 weeks after the date of publication of this invitation to tender in the Official Journal of the European Union before 16.00 (local time) to the following address:

Conseil général de l'Isère, direction des transports, service grands projets, BP 1096, F-38022 Grenoble Cedex; Tel.: (33) 476 00 60 30; Fax: (33) 476 00 30 36.

12.   Validity of the invitation to tender:: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that, by 2.12.2005, no Community carrier presents a programme for operating the route in question from 2.1.2006 in accordance with the public service obligation imposed without receiving any compensation.

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