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I Information

Commission

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Euro exchange rates (1)

12 August 2005

(2005/C 199/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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

(2005/C 199/02)

Aid No: XA 25/04

Member State: France

Region: Ille-et-Vilaine Department

Title of aid scheme: Mise en place de productions agricoles sous signe officiel de qualite

Legal basis: 

Annual expenditure planned under the scheme: EUR 300 000 per year over the period in question

Maximum aid intensity: Non-tangible investment carried out by a producer group (collective measure):

general scheme: 20 % of non-tangible costs, up to EUR 30 000 of eligible expenditure per project: network diagnostics, study and conception of a marketing plan (promotion and communication), advice and technical support ...

an additional 10 % for a collective measure implementing environmental requirements relating to departmental policy (environmental wetlands contract ...).

Other investment carried out by farmers:

general scheme: 20 % of investment (other than small equipment) resulting directly from the quality measure, up to EUR 30 000 of eligible expenditure per holding

an additional 10 % for investment carried out by a young farmer (who has been established for less than 5 years), or implementing environmental requirements relating to departmental policy (environmental wetlands contract ...).

Date of implementation: As soon as the European Commission acknowledges receipt.

Duration of scheme: Until 31 December 2006 at the latest.

Objective of aid: To encourage agricultural holdings to start producing quality products as part of collective measures (product certification): official quality marks (registered designations of origin, red labels, organic products ...) and Community approvals (protected geographical indications ...).

Nature of eligible measures: 

Economic sector(s) concerned: All farming sectors undertaking quality measures.

Name and address of the granting authority: Monsieur le Président du Conseil général d'Ille-et-Vilaine

1, avenue de la Préfecture — F-35042 Rennes Cedex

Website: www.cg35.fr, heading ‘guide des aides’

Aid No: XA 26/04

Member State: France

Region: Department of Ille-et-Vilaine

Title of aid scheme: Diversification of agricultural activities

Legal basis: 

Annual expenditure planned under the scheme: EUR 700 000 per year for the duration of the scheme

Maximum aid intensity: Intangible investments

General scheme: 20 % of intangible investments prior to an investment, with a ceiling on eligible expenditure of EUR 15 000 (market studies and technico-economic feasibility studies, drafting of marketing plans, etc.). The ceiling for studies is increased to EUR 30 000 where there is collective responsibility for the work (producer groups).

An additional 10 % for investments made by young farmers (active for less than five years) or to comply with existing specifications that include environmental provisions in line with the policies of the departmental authorities (‘contrat eau paysage environnement’ (water, landscape, environment contract) — CEPE, etc.).

Other investments:

General scheme: 20 % of investments (excluding small-scale equipment), with a ceiling on eligible expenditure of EUR 30 000 per project.

An additional 10 % for investments made by young farmers (active for less than five years) or for projects in a zone d'excédent structurel (areas with a structural surplus of nitrogen) (ZES).

Date of implementation: on receipt of an acknowledgement of receipt from the European Commission.

Duration of scheme: until 31 December 2006 at the latest.

Objective of aid: to make holdings more economically viable and diversify economic activities by:

encouraging initiatives to increase the value added of agricultural products not sold through large distribution channels (first processing, increasing the value of products, direct sales on the farm, cooperative shops, etc.);

developing reception services on holdings (on-farm sales, etc.);

supporting innovative and unusual agricultural projects that encourage farmers to set up in rural areas.

Aid may be granted for the following under Article 13 of Commission Regulation (EC) No 1/2004 of 23 December 2003:

studies prior to implementing a diversification project: technico-economic feasibility studies, market surveys, drafting of marketing plans, etc;

expenditure on promotion and communication (first year).

Aid may be granted for the following under Article 4 of Regulation (EC) No 1/2004:

investments to set up small workshops to diversify into new products as a complement to the holding's principal products;

setting up or bringing into compliance with health standards individual or collective processing workshop, sales points on holdings, cooperative sales infrastructures, etc.

Sector(s) concerned: all agricultural sectors where production is processed or is being diversified.

Name and address of the granting authority: Monsieur le Président du Conseil général d'Ille-et-Vilaine

1, avenue de la Préfecture — F-35042 Rennes Cedex

Web address: www.cg35.fr; heading ‘guide des aides’

Aid No: XA 27/04

Member State: France

Region: Ille-et-Vilaine Department

Title of aid scheme: 

Mise en place de procedures de certification ou de qualification dans les systemes de production agricoles

Legal basis: 

Annual expenditure planned under the scheme: EUR 300 000 per year over the period in question

Maximum aid intensity: Non-tangible investment:

general scheme: 20 % of non-tangible costs, up to EUR 15 000 of eligible expenditure per project: audits, diagnostics, advice and technical support, soil analyses in the first 2 years ...

an additional 10 % for investment carried out by a young farmer (who has been established for less than 5 years), or implementing environmental requirements relating to departmental policy (environmental wetlands contract ...).

Other investment:

20 % of investment (other than small equipment) resulting directly from the quality measure, up to EUR 30 000 of eligible expenditure per holding

an additional 10 % for investment carried out by a young farmer (who has been established for less than 5 years), or implementing environmental requirements relating to departmental policy (environmental wetlands contract ...).

For investment in storage and packaging or in horticultural greenhouses, the investment limit is EUR 230 000 subject to the ad hoc committee's opinion on a case-by-case basis, or higher for projects presented in the assembly and approved there.

Date of implementation: As soon as the European Commission acknowledges receipt.

Duration of scheme: Until 31 December 2006 at the latest.

Objective of aid: In particular, to gear quality measures/systems to traceability, health safety and environmental protection on agricultural holdings through:

certification (introducing a quality-assurance system on agricultural holdings in the department in accordance with standard NFV 01005);

labelling (introducing the reference ‘sound farming’ (‘agriculture raisonnée’) on holdings located in structural-surplus areas.

Under Article 13 of Commission Regulation (EC) No 1/2004 of 23 December 2003, support is available for non-tangible investment aimed at adapting the following quality measures on the holding: audits, diagnostics, techno-economic feasibility studies, drawing up specifications and monitoring instruments ...

Under Article 4 of Regulation (EC) No 1/2004, support is available on a case-by-case basis for adaptation investment directly related to the specified requirements or the quality manual.

Economic sector(s) concerned: All farming sectors undertaking quality measures.

Name and address of the granting authority: Monsieur le Président du Conseil général d'Ille-et-Vilaine

1, avenue de la Préfecture — F-35042 Rennes Cedex

Website: www.cg35.fr, heading ‘guide des aides’

Aid No: XA 28/04

Member State: France

Region: Ille-et-Vilaine Department

Title of aid scheme: Audits d'exploitation dans le cadre d'un changement de systeme de production vers les systemes respectueux de l'environnement

Legal basis: 

Annual expenditure planned under the scheme: EUR 300 000 per year over the period in question

Maximum aid intensity: 

Date of implementation: As soon as the European Commission acknowledges receipt.

Duration of scheme: Until 31 December 2006 at the latest.

Objective of aid: This specific measure is intended to encourage the techno-economic reorientation of agricultural holdings towards developing low-input (extensive, green, organic ...) systems which help to protect the environment.

The audit/study will endeavour to carry out a comprehensive assessment of the rural business (farming system and ancillary activities) in economic, agronomic, social and environmental terms, resulting in strategic recommendations:

describing and analysing the technical methods applied

analysing the economic and social results

proposing improvements or, where appropriate, reorientations geared to the farmer's objectives and ensuring the system's viability.

Under Article 13 of Commission Regulation (EC) No 1/2004 of 23 December 2003, support is available for preliminary techno-economic feasibility studies and for setting up projects to switch over to a low-input, environment-friendly system.

Economic sector(s) concerned: All farming sectors orienting themselves towards environment-friendly systems.

Name and address of the granting authority: Monsieur le Président du Conseil général d'Ille-et-Vilaine

1, avenue de la Préfecture — F-35042 Rennes Cedex

Website: www.cg35.fr, heading ‘guide des aides’

Aid No: XA 30/04

Member State: France

Title of aid scheme: aid for the payment of insurance premiums and contributions to cover damage caused by certain climatic events.

Legal basis: 

Annual expenditure planned under the scheme: EUR 10 000 000 from the Fonds national de garantie des calamités agricoles (National Agricultural Disaster Guarantee Fund) (FNGCA).

Maximum aid intensity: variable, with the following basic rates:

7,5 % for the risk of hail affecting fruit and vegetable harvests,

25 % for the risk of frost and hail affecting fruit harvests,

10 % for the risk of frost and hail affecting vines and for the risk of frost, hail, flooding or excessive rainfall affecting field crops (cereals, oilseeds and protein crops).

These basic rates are increased for young farmers and aid additional to that granted by the FNGCA may be granted by the conseil général or the conseil régional, up to the following maximum levels:

15 % for the risk of hail affecting fruit and vegetable harvests, 20 % for young farmers,

29 % for the risk of frost and hail affecting fruit harvests, 38 % for young farmers,

14 % for the risk of frost, hail, flooding or excessive rainfall affecting field crops, 18 % for young farmers.

Date of implementation: 2004

Duration of scheme: one year

Objective of aid: to encourage farmers to take out insurance against agricultural risks. The insurance premiums for which aid is granted are those referred to in Article 11 of Commission Regulation (EC) No 1/2004.

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

Name and address of the granting authority: Ministère de l'agriculture, de la pêche, de l'alimentation et des affaires rurales — Direction des affaires financières — bureau des calamités — 78 rue de Varenne — F-75700 Paris

Web address: www.agriculture.gouv.fr heading ‘ressources’ in ‘recherche’, enter ‘calamités’

Aid No: XA 48/04

Member State: France

Region: Pays de la Loire

Title of aid scheme or name of company receiving an individual aid: ‘Aid for the creation of “maisons de cultures” (growing sheds) for agricultural production’.

A growing shed is a building in which agricultural production is carried out. It allows production to be carried out independently of weather conditions, while facilitating harvest and guaranteeing the health of the crop. The building has thermal insulation and controlled internal temperature, humidity and air flow. A group of buildings may also be equipped with a picking line.

Legal basis: 

Objective of aid: to make holdings more competitive, improve product quality and reduce production costs.

Sector(s) concerned: all agricultural production sectors except for horticultural greenhouses receiving financial assistance under schemes already notified (N 572/2001 and N 523/2001).

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Forecasts until 2006:

The amounts relate to the agricultural sector in the Pays de la Loire Region.

Aid may be provided for investments to create growing sheds in accordance with Article 4 of Regulation (EC) No 1/2004 of 23 December 2003, i.e:

Maximum aid intensity: The maximum amount for which aid may be granted is EUR 150 000 per labour unit. Account is taken of a maximum of two labour units per holding. However, the limit is six labour units in the case of labour-intensive production systems.

The gross aid intensity increases as the total investment increases:

Date of implementation: on receipt of an acknowledgement of receipt from the European Commission.

Duration of scheme or individual aid award: the aid scheme will run until 31 December 2006, the date until which Regulation (EC) No 1/2004 applies.

Name and address of the granting authority: 

Internet address where the full text of the scheme can be found: www.paysdelaloire.fr/services de la région/les aides

Aid No: XA 61/04

Member State: France

Title of aid scheme: Aid for technical support in the fruit and vegetables, horticulture and specialist products sectors

Legal basis: 

Le décret no 83-246 du 18 mars 1983 portant création d'un Office National Interprofessionnel des fruits, des légumes et de l'horticulture et les textes subséquents repris notamment dans la partie réglementaire du code rural (livre 6 ‘productions et marchés’ — articles R 621-120, R 621-134, R 621-140 and R 621-161 to R 621-174)

Annual expenditure planned under the scheme: The actions are planned for one year, renewable, and the total aid budget is estimated at EUR 6 000 000 for 2004

Maximum aid intensity: Up to 100 % of eligible costs.

The total amount of state aid may not exceed EUR 100 000 per beneficiary over three years or 50 % of eligible costs, whichever is higher

Date of implementation: The aid scheme will be implemented from the date on the receipt showing the identification number of the measure, subject to mobilisation of the appropriations and publication on the ONIFLHOR internet site

Duration of scheme: One year, renewable, subject to mobilisation of the corresponding appropriations

Aim of aid: This aid scheme comes under Article 14 of Commission Regulation (EC) No 1/2004 of 23 December 2003.

It meets two main objectives:

developing and consolidating quality production chains in growth niches,

strengthening structures to increase the value of agricultural products and adapt to developments on the different markets

The scheme finances the cost of technical support and consultancy (studies, audits, cost of organising and following up on projects) to ensure that business projects meeting these objectives are successfully implemented. As an indication, the following activities may qualify:

activities to improve the quality of products,

setting up quality signs,

developing organic farming,

‘product’ and ‘firm’ certification,

developing new products which better meet consumers' requirements,

development of traceability arrangements all along the chain,

setting up environment-friendly production systems,

improving knowledge of markets and identifying new markets,

strategic segmentation,

diversification of production,

concentrating supply of agricultural products,

setting up partnerships between producers and distributors

Sectors concerned: production, processing and marketing of fruit, vegetables, potatoes, ornamental horticulture (including nurseries) and specialist products (tobacco, hops, beekeeping, truffles)

Name and address of responsible authority: Office National Interprofessionnel des Fruits, des Légumes et de l'horticulture (ONIFLHOR), head office at 164, rue de Javel — F-75739 Paris Cedex 15

Address of website: www.oniflhor.fr

Aid No: XA 68/04

Member State: Italy.

Region: Marche, Province of Macerata, Municipalities of: Camerino; Civitanova Marche; Colmurano; Matelica; Monte San Giusto; Morrovalle; Muccia; Penna San Giovanni; San Ginesio; San Severino Marche; Tolentino; Treia.

Mountain Community of Alte Valli del Potenza e dell'Esino — Zone ‘H’.

Title of aid scheme: Agreement on interest subsidies for agricultural undertakings in the Province of Macerata.

Legal basis: 

D. Lgs. n. 267/2000 (Testo Unico delle Leggi sull'Ordinamento degli Enti Locali), art. 19, 2o comma, che conferisce alle Province il compito di promuovere, coordinare e realizzare attività, nonché opere di rilevante interesse provinciale, in settori predeterminati, tra i quali il settore economico-produttivo, da svolgere in collaborazione con i Comuni e sulla base di programmi proposti dalla stessa Provincia.

Planned annual expenditure under the scheme (may increase if other municipalities in the Province participate in the programme): 

Maximum aid intensity: The annual interest rate subsidy granted to agricultural undertakings by local authorities in each case will be made up as follows:

Province: 1,5 % for 2004 and 1 % for 2005;

Municipality: 0,5 %;

Mountain Community: 0,5 %.

The permitted subsidies take the form of unsecured loans and therefore no mortgage (security) is involved. They are medium-term loans (from three to five years) and 50 % of the amount requested is guaranteed by the participating guarantee funds.

Aid may not be granted for guarantees or to the guarantee funds.

The maximum investment by each beneficiary undertaking for which aid may be granted is EUR 50 000,00.

The interest subsidy, understood as a reduction in the interest rate, is a one-off aid and is calculated in proportion to the size of the investment and on the basis of the total interest due over the whole period. The subsidy may not exceed EUR 3 000,00 per eligible investment.

The maximum percentages of each grant will be in accordance with those laid down by the rules on investment aid. This will also apply where aid for the same investment is received from various sources:

Article 4: 50 % in less-favoured areas and 40 % in other areas. This may be increased to 60 % and 50 % respectively for young farmers within five years of start-up;

Article 7: 50 % in Objective 1 regions and 40 % in other regions (these percentages may not be increased).

Date of application and duration of the scheme: The Agreement was initialled on 4 June 2004 and will enter into force on the day following receipt of confirmation from the European Commission that it has received the summary referred to in Article 19(1) of Regulation (EC) No 1/2004 and will be valid only for financing operations that commence between that date and 31 December 2005.

Purpose of the aid: Investments in agricultural holdings to improve the quality of typical and traditional products within the Province (in accordance with the objective set out in Article 4(3)(c)).

Eligible investments must be to:

Articles of the Regulation used 4, 7.

Sectors concerned: The scheme applies to the production, processing and marketing of all typical local agricultural products.

Name and address of the authority granting the aid: Lead body: Province of Macerata, Corso della Repubblica n. 28, I-62100 Macerata.

Website: www.provincia.mc.it

http://economia.provincia.mc.it/Agricoltura/

Aid No: XA 70/04

Member State: Germany

Region: Germany (Hessen and Lower Saxony)

Title of aid scheme: Pilot and demonstration project for supplying schools with regional products (consultation)

Legal basis: 

Bewilligungsbescheide an die Projektträger, die jeweils regionale Aufforderungen zur Beteiligung an dem Modell- und Demonstrationsvorhaben veröffentlichen.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Maximum amount: EUR 10 000 per enterprise over three years

Maximum aid intensity: In total, maximum amount: EUR 10 000 per enterprise over three years

Date of implementation: From December 2004

Duration of scheme or individual aid award: Until 31 December 2006

Objective of aid: The objective of the pilot and demonstration project is to garner knowledge about the practical implications of supplying schools with regional agricultural products, to work out universal and operational standards for logistics, costing and meal planning and to boost regional demand as well as regional supply by setting up networks.

Two project promoters selected to execute the project following an invitation to tender are engaged in working out appropriate programmes in the various regions, implementing them and — with the help of the knowledge they have gained — developing universally applicable and practical standards for the pilot and demonstration project.

Within this context there may be economic benefits as set out in Article 14(2)(c) of Regulation (EC) No 1/2004 for agricultural enterprises participating in the pilot and demonstration project arising from the project promoters' consultancy work on project-related aspects of the enterprises. These are limited to a maximum amount of EUR 10 000 per enterprise over 3 years.

Project promoters are not permitted to carry out consultancy work related to advertising.

Sector(s) concerned: Agriculture, small and medium-sized enterprises in accordance with Annex I to Regulation (EC) No 70/2001 in the areas of production, processing and marketing of all agricultural products

Name and address of the granting authority: 

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Prior notification of a concentration

(Case COMP/M.3911 — BenQ/Siemens Mobile)

(2005/C 199/03)

(Text with EEA relevance)

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

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Information procedure — Technical rules

(2005/C 199/04)

(Text with EEA relevance)

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services. (OJ L 204, 21.7.1998, p. 37; OJ L 217, 5.8.1998, p. 18).

Notifications of draft national technical rules received by the Commission

The Commission draws attention to the judgement delivered on 30 April 1996 in the ‘CIA Security’ case (C-194/94 — ECR I, p. 2201), in which the Court of Justice ruled that Articles 8 and 9 of Directive 98/34/EC (formerly 83/189/EEC) are to be interpreted as meaning that individuals may rely on them before national courts which must decline to apply a national technical regulation which has not been notified in accordance with the Directive.

This judgement confirms the Commission's communication of 1 October 1986 (OJ C 245, 1.10.1986, p. 4).

Accordingly, breach of the obligation to notify renders the technical regulations concerned inapplicable, and consequently unenforceable against individuals.

For more information on the notification procedure, please write to:

Also consult the website: http://europa.eu.int/comm/enterprise/tris/

If you require any further information on these notifications, please contact the national departments listed below:

LIST OF NATIONAL DEPARTMENTS RESPONSIBLE FOR THE MANAGEMENT OF DIRECTIVE 98/34/EC

BELGIUM

CZECH REPUBLIC

DENMARK

GERMANY

ESTONIA

GREECE

SPAIN

FRANCE

IRELAND

ITALY

CYPRUS

LATVIA

LITHUANIA

LUXEMBOURG

HUNGARY

MALTA

NETHERLANDS

AUSTRIA

POLAND

PORTUGAL

SLOVENIA

SLOVAKIA

FINLAND

SWEDEN

UNITED KINGDOM

EFTA - ESA

TURKEY

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(1)  Year — registration number — Member State of origin.

(2)  Period during which the draft may not be adopted.

(3)  No standstill period since the Commission accepts the grounds of urgent adoption invoked by the notifying Member State.

(4)  No standstill period since the measure concerns technical specifications or other requirements or rules on services linked to fiscal or financial measures, pursuant to the third indent of the second paragraph of Article 1(11) of Directive 98/34/EC.

(5)  Information procedure closed.

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Prior notification of a concentration

(Case COMP/M.3796 — Omya/J.M. Huber PCC)

(2005/C 199/05)

(Text with EEA relevance)

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

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Prior notification of a concentration

(Case COMP/M.3887 — Clerical Medical/MLP-Life Insurance)

Candidate case for simplified procedure

(2005/C 199/06)

(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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Corrigenda

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Corrigendum to the title of Section II

(Official Journal of the European Union C 188 of 2 August 2005)

(2005/C 199/07)

On the second page of the cover, in Section II,

and

on page 19, in the second line:

for:

‘(Acts adopted under Title VI of the Treaty on European Union)’,

read:

‘(Preparatory Acts pursuant to Title VI of the Treaty on European Union)’.

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