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I Information

Commission

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Euro exchange rates (1)

29 June 2005

(2005/C 159/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Non-opposition to a notified concentration

(Case COMP/M.3728 — Autogrill/Altadis/Aldeasa)

(2005/C 159/02)

(Text with EEA relevance)

On 23 March 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 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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Notice concerning the anti-dumping duty in force in respect of imports into the Community of certain hot-rolled flat products of non-alloy steel originating, inter alia, in Romania: change of the name of a company subject to an individual anti-dumping duty rate

(2005/C 159/03)

Imports of certain hot-rolled flat products of non-alloy steel originating, inter alia, in Romania are subject to a definitive anti-dumping duty, imposed by Commission Decision No 1758/2000/ECSC (1) (‘the Decision’), as last amended by Decision No 979/2002/ECSC (2).

It is recalled that in view of the expiry of the Treaty establishing the European Coal and Steel Community on 23 July 2002, the Council, by Regulation (EC) No 963/2002 (3), decided that anti-dumping proceedings initiated pursuant to Commission Decision No 2277/96/ECSC (4) and still in force on that date shall be continued and be governed by the provisions of Regulation (EC) No 384/96 (5) (‘the basic Regulation’) with effect from 24 July 2002. Likewise, any anti-dumping measures resulting from pending anti-dumping investigations are governed by the provisions of the basic Regulation from 24 July 2002.

Sidex S.A., a company located in Romania, whose exports to the Community of certain hot-rolled flat products of non-alloy steel were subject to an individual anti-dumping duty rate of 5,7 % by the Decision changed its name to Ispat Sidex S.A. in 2002. By a notice published in the Official Journal in 2002 (6), it was concluded that the change of name in no way affected the findings of the Decision and that the reference to Sidex S.A. should be read as Ispat Sidex S.A. in Article 1(2) of the Decision. Ispat Sidex S.A. has now informed the Commission that it has changed its name to Mittal Steel Galati S.A. The name change applies as of 7 February 2005, i.e. the date when the name change was registered in the official register of Romania. The company has argued that the change of name does not affect the right of the company to benefit from the individual duty rate applied to the company under its previous name of Ispat Sidex S.A.

The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Decision No 1758/2000/ECSC as last amended by Decision No 979/2002/ECSC. Therefore, the reference to Sidex S.A. should be read as Mittal Steel Galati S.A. in Article 1(2) of Decision No 1758/2000/ECSC.

The Taric additional code A069 previously attributed to Ispat Sidex S.A. shall apply to Mittal Steel Galati S.A.

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(1)OJ L 202, 10.8.2000, p. 21.

(2)OJ L 150, 8.6.2002, p. 36.

(3)OJ L 149, 7.6.2002, p. 3. Regulation as last amended by Regulation (EC) No 1310/2002 (OJ L 192, 20.7.2002, p. 9).

(4)OJ L 308, 29.11.1996, p. 11.

(5)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).

(6)OJ C 227, 24.9.2002, p. 8.

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Notice of initiation of an anti-dumping proceeding concerning imports of silicon carbide originating in Romania

(2005/C 159/04)

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), as last amended by Regulation (EC) No 461/2004 (2), alleging that imports of silicon carbide originating in Romania (‘the country concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 17 May 2005 by (CEFIC) (‘the complainant’) on behalf of producers representing 100 % of the total Community production of silicon carbide.

2.   Product

The product allegedly being dumped is silicon carbide originating in Romania (‘the product concerned’), normally declared within CN code 2849 20 00. This CN code is only given for information.

3.   Allegation of dumping

The allegation of dumping for Romania is based on a comparison of a constructed normal value with the export prices of the product concerned to the Community.

On this basis, the dumping margin calculated is significant.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from Romania 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, the financial situation and the employment situation of the Community industry.

5.   Procedure

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

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Romania 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 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:

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.

(ii)   Final selection of the sample

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the sample after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the sample 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 Community industry and to any association of producers in the Community, to the exporters/producers in Romania, 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.

In any event, all parties should contact the Commission forthwith by fax, but not later than the time limit set out in point 6(a)(i), in order to find out whether they are listed in the complaint and, if necessary, request a questionnaire, given that the time limit set in point 6(a)(ii) applies to all such interested parties.

(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).

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

All interested parties 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 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

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.

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

(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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Notice of initiation of an anti-dumping proceeding concerning imports of certain footwear with protective toecap originating in the People's Republic of China and India

(2005/C 159/05)

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), as last amended by Council Regulation (EC) No 461/2004 (2), alleging that imports of certain footwear with protective toecap, originating in the People's Republic of China and India (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 17 May 2005 by the European Confederation of the Footwear Industry (CEC) (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 30 %, of the total Community production of certain footwear with protective toecap.

2.   Product

The product allegedly being dumped is certain footwear with uppers of rubber or plastics (excluding waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes) or with uppers of leather or composition leather, having a protective toecap originating in the People's Republic of China and India (‘the product concerned’), normally declared within CN codes 6402 30 00, 6403 40 00, ex 6402 19 00, ex 6402 91 00, ex 6402 99 10, ex 6402 99 31, ex 6402 99 39, ex 6402 99 50, ex 6402 99 91, ex 6402 99 93, ex 6402 99 96, ex 6402 99 98, ex 6403 19 00, ex 6403 30 00, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 50, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 50, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98, ex 6405 10 00, ex 6405 90 10 and ex 6405 90 90. These CN codes are only given for information.

3.   Allegation of dumping

The allegation of dumping for India is based on a comparison of a constructed normal value with the export prices of the product concerned 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 the price 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 both countries concerned.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China and India 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, in particular a worsening of 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 and India 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 and 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 format indicated in point 7:

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)   Sampling for Community producers

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

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i):

(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 of this notice.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China and India, 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 and India 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) of this notice. However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

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

(e)   Market economy status

For those 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. 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 producers in the People's Republic of China named in the complaint and to any association of exporters/producers named in the complaint, as well as to the authorities of the People's Republic of China.

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, 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’ (5) 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.

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

(3)  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 compagnies 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.

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

(5)  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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Notice of initiation of an anti-subsidy proceeding concerning imports of certain plastic sacks and bags originating in Malaysia and Thailand

(2005/C 159/06)

The Commission has received a complaint pursuant to Article 10 of Council Regulation (EC) No 2026/97 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain plastic sacks and bags originating in Malaysia and Thailand (‘the countries concerned’), are being subsidized and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 18 May 2005 by 30 European producers of certain plastic sacks and bags (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of those plastic sacks and bags.

2.   Product

The product allegedly being subsidised is certain plastic sacks and bags containing at least 20 % of polyethylene and of a thickness not exceeding 100 micrometres originating in Malaysia and Thailand (‘the product concerned’), normally declared within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90. These CN codes are only given for information.

3.   Allegation of subsidization

It is alleged that the producers of the product concerned in Malaysia have benefited from a number of subsidies granted by the Government of Malaysia. These subsidies are: Pioneer status, Import duty exemption and sales tax exemption, Export credit refinancing program, Industrial building allowance, Double deduction for promotion of exports and Investment Tax Allowance.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of Malaysia and confer a benefit to the recipients, i.e. to exporters/producers of certain plastic bags. They are alleged to be contingent upon export performance or limited to specific companies and therefore specific and countervailable.

It is alleged that the producers of the product concerned in Thailand have benefited from a number of subsidies granted by the Government of Thailand. These subsidies are: exemptions or reductions on duties on imports of machinery, exemption from corporate income tax, exemption of import duties on raw and essential materials, provision of electricity for less than adequate remuneration, and double deduction for income tax of transport and utility costs.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of Thailand and confer a benefit to the recipients, i.e. to exporters/producers of certain plastic bags. They are alleged to be contingent upon export performance or limited to specific companies and therefore specific and countervailable.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from Malaysia and Thailand have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held, the quantities sold and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance 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 10 of the basic Regulation.

5.1.   Procedure for the determination of subsidization and injury

The investigation will determine whether the product described in point 2 originating in Malaysia and Thailand is being subsidized and whether this subsidization 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 27 of the basic Regulation.

(i)   Sampling for exporters/producers in Malaysia and Thailand

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:

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:

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

(iii)   Sampling for Community producers

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

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i):

(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 Malaysia and Thailand, 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 Malaysia and Thailand claiming an individual subsidy rate, with a view to the application of Articles 27(3) and 15(3) 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 subsidy rate 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).

5.2.   Procedure for assessment of Community interest

In accordance with Article 31 of the basic Regulation and in the event that the allegations of subsidization and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of 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 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 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 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 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

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’ (3) 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:

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 11(9) of the basic Regulation within 13 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 12(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.

----

(1)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).

(2)  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).

(3)  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.

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Notice of initiation of an anti-dumping proceeding concerning imports of certain plastic sacks and bags originating in the People's Republic of China, Malaysia and Thailand

(2005/C 159/07)

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 (1) (‘the basic Regulation’), alleging that imports of certain plastic sacks and bags, originating in the People's Republic of China, Malaysia and Thailand (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 17 May 2005 by thirty European producers of certain plastic sacks and bags (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of those plastic sacks and bags.

2.   Product

The product allegedly being dumped is certain plastic sacks and bags containing at least 20 % of polyethylene and of a thickness not exceeding 100 micrometres originating in the People's Republic of China, Malaysia and Thailand (‘the product concerned’), normally declared within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90. These CN codes are only given for information.

3.   Allegation of dumping

The allegation of dumping for Malaysia and Thailand is based on a comparison of a constructed normal value with the export prices of the product concerned 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, Malaysia and Thailand have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held, the quantities sold and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance 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, Malaysia and Thailand 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, Malaysia and Thailand

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:

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:

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

(iii)   Sampling for Community producers

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

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i):

(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 the People's Republic of China, Malaysia and Thailand, 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, Malaysia and Thailand 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 the United States of America as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).

(e)   Market economy status

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

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, 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.

----

(1)OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Council 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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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2005/C 159/08)

(Text with EEA relevance)

Date of adoption of the decision: 

Member State (Region): Italy (Marche)

Aid No: N 6/2004

Title: Modernisation of fishing vessels for the purpose of safety

Objective: Aid for the fisheries sector

Legal basis: 

Delibera di giunta regionale n.1331 del 7 ottobre 2003 avente ad oggetto: approvazione bando di accesso ai finanziamenti per ammodernamento per la messa in sicurezza di imbarcazioni da pesca.

Budget: EUR 1 155 287,02

Aid intensity or amount: Maximum 40 % of the eligible costs

Duration: 2004

Other information: Report

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 of the decision: 

Member State: Spain (Basque Country)

Aid No: N 162-B/2004

Title: Research support programme. Fisheries sector.

Objective: To promote research and technological innovation in the fisheries sector in the region

Legal basis: 

Decreto de apoyo a la investigación, desarrollo e innovación tecnológica en los sectores agrário, pesquero y alimentario de la Comunidad Autónoma del País Vasco (Programa IKERKETA)

Budget: EUR 2 million per year

Aid intensity: Repayable grant scheme corresponding to the rate laid down in the applicable Community guidelines

Duration: Unspecified

Other information: Annual report

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 of the decision: 

Member State (Region): United Kingdom

Aid No: N 198/2004

Title: Amendment of NN 53/96 — Small firms loan guarantee scheme

Objective: Aid for the fisheries sector to help meet the gap in the market where small firms with viable business proposals are unable to raise finance due to lack of collaterals

Legal basis: Section 8 of the Industrial Development Act 1982

Budget: The scheme forms a part of a general UK small firms loan guarantee scheme applicable in all sectors. The budget for the whole scheme in 2004/2005 is GBP 65 million

Aid intensity or amount: The maximum rate in subsidy equivalent for a guarantee is 2,55 %

Duration: Undetermined

Other information: Report

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 of decision: 

Member State: Belgium (Flemish Region)

Aid No: N 315/04

Title: Injection of capital for the company O.C.A.S. NV

Objective: Aid for research and development

Legal basis: Shareholder pact between the Arcelor group and Staal Vlaanderen NV (wholly owned subsidiary of Participatiemaatschappij voor Vlaanderen, of which the Flemish Region is the sole owner) in connection with O.C.A.S. NV

Aid intensity or amount: EUR 30 000 000

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 of the decision: 

Member State: United Kingdom

Aid No: N 477/2004

Title: UK Film Council Distribution and Exhibition Initiatives, Digital Screen Network

Objective: To broaden the choice of films for audiences in the UK through increasing the availability of ‘specialised films’ in cinemas.

Legal basis: National Lottery Act 1993

Budget: confidential

Aid intensity or amount: Approximatively 40-75 %

Duration: 2005-31 March 2009

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: Denmark

Aid No: NN5/04 (ex N439/03)

Title: Tax relief for municipal waste companies

Objective: Environmental aid

Legal basis: 

Selskabsskatteloven §1, stk. 1, nr. 2f, sidste punktum; og § 3, stk. 7, andet punktum

Budget: Unknown (expected to be nil for a period of 8 to 10 years)

Aid intensity or amount: DKK 50 per kW on average over the entire life of the CHP plants (30 years)

Duration: 10 years from adoption of decision

Other information: Annual report

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 of the decision: 

Member State: United Kingdom

Aid No: NN 83/2004

Title: UK Film Council Distribution and Exhibition Initiatives, Print and Advertising Fund

Objective: Increase the supply of specialised film prints of any national origin

Legal basis: National Lottery Act 1993

Budget: GBP 10 million (appr. EUR 14,6 million)

Aid intensity or amount: 10-50 % of the costs for distributing films in cinemas

Duration: up to five years

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 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment

(2005/C 159/09)

(Text with EEA relevance)

Aid No: XE 04/03

Member State: Italy

Region: Campania

Title of aid scheme: Regional rules on aid for employment.

Legal basis: 

Deliberazione della Giunta regionale della Campania n. 1448 dell'11.4.2003

Annual expenditure planned under the scheme: The scheme will be implemented using funds earmarked for the Campania Objective 1 regional operational programme, measures 1.11, 2.3, 3.4, 3.9, 3.11, 3.12, 3.13, 3.14, 4.4, 5.3 and 6.4; the appropriation for employment aid will be set by the regional executive within the approved bands.

The resources to be drawn from these facilities to finance the scheme amount to EUR 110 000 000.

Any further appropriations to finance the scheme will be approved by the regional executive and notified to the Commission in the annual report.

Maximum aid intensity: In line with Regulation (EC) No 2204/2002, the maximum intensities are those indicated in Articles 4, 5 and 6 of the Regulation, calculated as a percentage of the gross wage cost for the jobs created for a period of two years; they are summarised in the following table.

Date of implementation: April 2003

Duration of scheme: Until December 2006

Objective of aid: In line with recital 7 to Regulation (EC) No 2204/2002, with the European employment strategy and with the strategy of the Campania Objective 1 regional operational programme, the objective of this scheme is to encourage job creation, the recruitment of disadvantaged and disabled workers and the employment of disabled workers, without adversely affecting trading conditions to an extent contrary to the common interest.

Economic sector(s) concerned: All firms operating in Campania qualify for the employment aid provided for in these rules, except those operating in transport (though the aid is available in the case of disadvantaged and disabled workers), shipbuilding and ship repair, and coal.

Name and address of granting authority: 

Other information: The scheme is cofinanced by the ESF under the Campania regional operational programme for 2000/2006, which was approved by EU decision C(2000) 2347, adopted on 8 August 2000, notified on 12 August 2000, and published in a special issue of the Region of Campania Official Gazette (BURC) in September 2000.

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EUROPEAN ECONOMIC AREA

EFTA Court

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Action brought on 12 April 2005 by the EFTA Surveillance Authority against the Kingdom of Norway

(Case E-3/05)

(2005/C 159/10)

An action against the Kingdom of Norway was brought before the EFTA Court on 12 April 2005 by the EFTA Surveillance Authority, represented by Niels Fenger and Arne Torsten Andersen, acting as Agents of the EFTA Surveillance Authority, 35, Rue Belliard, B-1040 Brussels.

The applicant claims that the Court should:

Legal and factual background and pleas in law adduced in support:

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Request for an Advisory Opinion from the EFTA Court by Fürstlicher Landrichter by decision of that court of 13 December 2004 in the case of Paolo Piazza v Paul Schurte AG

(Case E-10/04)

(2005/C 159/11)

A request has been made to the EFTA Court by decision of 13 December 2004 of Fürstlicher Landrichter (Princely Court of Justice), Vaduz, Liechtenstein, which was received at the Court Registry on 31 December 2004, for an Advisory Opinion in the case of Paolo Piazza v Paul Schurte AG, on the following question:

Is a provision such as that contained in Section 56(2) of the Liechtenstein Zivilprozessordnung (Code of Civil Procedure) compatible with EEA law, in particular with the freedom to provide services under Article 36 of the EEA Agreement and the freedom of movement of capital under Article 40 thereof? If such a provision is justifiable, is it also proportionate?

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III Notices

Commission

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MEDIA PLUS — DEVELOPMENT, DISTRIBUTION AND PROMOTION (2001-2006)

Notification of Call for Proposals INFSO-MEDIA/05/2005

Implementation of a programme to encourage the development, distribution and promotion of European audiovisual works

Measures to support promotion and market access

(2005/C 159/12)

1.   Objectives and description

This Call for Proposals is based on Council Decision (2000/821/EC) concerning the implementation of a programme encouraging the development, distribution and promotion of European audiovisual works (MEDIA PLUS Development, Distribution and Promotion 2001 — 2006), adopted by the Council on 20 December 2000 and published in the Official Journal of the European Communities L 13 of January 17, 2001.

Among the objectives of the abovementioned Council Decision are:

2.   Eligible candidates

The present notification is addressed to European organisations or operators, whose actions contribute to the afore mentioned objectives.

It is open to companies registered in and owned by nationals from the Member States of the European Union and countries of the European Economic Agreement participating in the MEDIA Plus Programme (Iceland, Liechtenstein and Norway), as well as those other countries that satisfy the conditions laid down in Article 11 of Decision 2000/821/EC (Bulgaria) and Switzerland.

3.   Budget and duration of projects

The maximum budget allocated to this support for Call for Proposals 05/2005 will be EUR 8,5 million.

The financial support by the Commission cannot exceed 50 %/60 % of the total eligible costs.

The present Call for Proposals is only valid for projects to be executed between the 1 January 2006 to 31 December 2007.

4.   Deadline

The closing dates for submission of Proposals are:

5.   Complete information

The complete text of the Call for Proposals, as well as the application forms, are available on http://europa.eu.int/comm/avpolicy/media/promo_en.html.

The Proposals must respect the conditions of the whole text and be submitted on the application forms attached.

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MEDIA PLUS — DEVELOPMENT, DISTRIBUTION AND PROMOTION (2001-2006)

Notification of Call for Proposals INFSO-MEDIA/06/2005

Implementation of a programme to encourage the development, distribution and promotion of European audiovisual works

Measures to support promotion and market access:

Audiovisual festivals

(2005/C 159/13)

1.   Objectives and description

This Call for Proposals is based on Council Decision (2000/821/EC) concerning the implementation of a programme encouraging the development, distribution and promotion of European audiovisual works (MEDIA PLUS Development, Distribution and Promotion 2001 — 2006), adopted by the Council on 20 December 2000 and published in the Official Journal of the European Communities L 13 of January 17, 2001.

Among the objectives of the abovementioned Council Decision are:

2.   Eligible candidates

The present notification is addressed to European organisations; those registered in and controlled by nationals from the Member States of the European Union and countries of the European Economic Agreement participating in the MEDIA Plus Programme (Iceland, Liechtenstein and Norway), Switzerland, as well as those other countries that satisfy the conditions laid down in Article 11 of Decision 2000/821/EC (at the date of publication: Bulgaria).

Such organisations must implement audiovisual festivals which contribute to the afore mentioned objectives and which screen a minimum of 70 % European films from at least 10 States participating in the MEDIA Programme, in their total programme.

3.   Budget and duration of projects

The maximum budget allocated to this support for Call for Proposals 06/2005 will be EUR 2,2 million.

The financial support from the Commission cannot exceed 50 % of the total eligible costs.

The present Call for Proposals is only valid for projects audiovisual festivals which start between 28 April 2006 and 31 May 2007.

4.   Deadline

Applications must be submitted at the latest by the following deadlines:

5.   Complete information

The complete text of the Call for Proposals, as well as the application forms are available on http://www.europa.eu.int/comm/avpolicy/media/festiv_en.html

Applications must respect all conditions set out in this complete text and must be submitted using the application forms provided.

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F-Ajaccio: 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 Corsica and Paris (Orly), Marseille and Nice

(2005/C 159/14)

1.   Introduction: In accordance with the decision of the Corsican regional authorities of 31.3.2005, France has decided to amend, from 30.10.2005, the public service obligations imposed on certain scheduled air services from Corsica pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes. The standards required by these new public service obligations were published in the Official Journal of the European Union C 159 of 30.6.2005.

Separate invitations to tender are being issued for each of the following routes:

Ajaccio - Paris (Orly);

Ajaccio - Marseille;

Ajaccio - Nice;

Bastia - Paris (Orly);

Bastia - Marseille;

Bastia - Nice;

Calvi - Paris (Orly);

Calvi - Marseille;

Calvi - Nice;

Figari - Paris (Orly);

Figari - Marseille;

Figari - Nice.

If on 30.9.2005 no air carrier has commenced or is about to commence operating scheduled air services in accordance with the public service obligation imposed on each of the above routes and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of Regulation (EEC) No 2408/92, to limit access to each of these routes to a single air carrier and to offer the right to operate such services from 30.10.2005 by public tender.

Tenderers may present bids to operate several of the abovementioned routes, particularly where this results in a reduction in the overall compensation required.

However, they must set out clearly the amount of compensation required in respect of each route, where appropriate specifying different rates depending on which parts of their bid are accepted (in the event that they are awarded a contract covering some but not all of the routes for which they have bid).

2.   Subject of the invitations to tender: For each of the routes listed in paragraph 1 above, the operation from 30.10.2005 of scheduled air services in accordance with the relevant public service obligation, as published in the Official Journal of the European Union C 159 of 30.6.2005.

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

4.   Tender procedure: Each 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 full tender dossier, including the public service delegation agreement and the specific rules for this invitation to tender, is obtainable free of charge from:

Office des transports de la Corse, 19, route de Sartène, Quartier Saint-Joseph, BP 501, F-20189 Ajaccio Cedex 1.

6.   Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of each route from 30.10.2005 until the day before the start of the 2008/2009 winter scheduling season, with 3 annual breakdowns for the following 12-month periods: one statement from the first day of the 2005/2006 winter scheduling season, i.e. 30.10.2005, to the day before the start of the 2006/2007 winter scheduling season, a second statement from the first day of the 2006/2007 winter scheduling season to the day before the start of the 2007/2008 winter scheduling season, and a third statement from the first day of the 2007/2008 winter scheduling season to the day before the start of the 2008/2009 winter scheduling season.

The exact amount of compensation finally granted will be determined for each of the 12-month periods ex-post on the basis of the documented costs and revenue actually generated by the service, within the limits of the amount given in the tender, which may not exceed the result of a calculation based on the maximum unit price per paying passenger on each route:

EUR 33 for services between Paris (Orly) and airports in Corsica;

EUR 27 for services between Marseille and Ajaccio or Bastia;

EUR 50 for services between Nice and Ajaccio, Bastia or Figari;

EUR 55 for services between Marseille and Calvi or Figari;

EUR 70 for services between Nice and Calvi.

7.   Fares: Tenders must indicate the proposed fare structure, which must comply with the public service obligations published in the Official Journal of the European Union C 159 of 30.6.2005.

8.   Duration, amendment and termination of the contract: The contract will commence on 30.10.2005. It will end no later than the day before the start of the 2008/2009 winter scheduling season. The operation of the contracted services will be the subject of an annual examination in cooperation with the carrier during the 2 months following the anniversary of the starting date.

Any amendment to the contract must comply with the public service obligations published in the Official Journal of the European Union C 159 of 30.6.2005. Any amendment to the contract will take the form of a supplementary agreement.

The contract may be terminated by the carrier only after he has given 6 months' advance notice.

9.   Failure to honour the contract: The carrier will be responsible for the proper performance of his obligations under the contract. In the event of failure to perform such obligations properly for reasons other than force majeure, i.e. abnormal and unforeseeable circumstances beyond his control which the carrier has been unable to overcome despite taking all reasonable measures to do so, the contract may be terminated without advance notice by the Corsican Transport Board.

Failure to perform contractual obligations properly may give rise to the payment of damages and interest to compensate for the injury suffered by the island community. The amount of such damages shall be fixed by the competent courts.

Without prejudice to any claim for damages and interest, any interruption in services or improper performance of services will give rise to a reduction in the amount of financial compensation in proportion to the capacity lacking.

10.   Presentation of tenders: Tenders must be handed in at the following address before 17.00 (local time):

Office des transports de la Corse, 19, route de Sartène, Quartier Saint-Joseph, F-20000 Ajaccio,

at the latest 5 weeks from the date of publication of this invitation to tender in the Official Journal of the European Union; a receipt must be obtained.

11.   Validity of the invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of each of these invitations to tender is subject to the condition that no Community carrier presents by 30.9.2005 (one month being a reasonable period of advance notice) an operating schedule for the route in question from 30.10.2005 in accordance with the public service obligation imposed, without receiving any financial compensation, and without requiring access to this route to be limited to a single carrier.

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