# Official Journal C 289/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 289 |
| | |
| English edition | Information and Notices | Volume 4928 November 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 289

English edition

Information and Notices

Volume 4928 November 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 289/1 | Euro exchange rates | 1 |
| 2006/C 289/2 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (
  1
  ) | 2 |
| 2006/C 289/3 | State aid — United Kingdom — State aid No C 38/2006 (ex NN 93/2005) — Fish factory improvement scheme — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  ) | 10 |
| 2006/C 289/4 | Notice of initiation of a review of the extension of the antidumping duty imposed on imports of bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China | 15 |
| 2006/C 289/5 | Prior notification of a concentration (Case COMP/M.4478 — KKR/Goldman Sachs/Kion) (
  1
  ) | 19 |
| 2006/C 289/6 | Prior notification of a concentration (Case COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV) — Candidate case for simplified procedure (
  1
  ) | 20 |
| 2006/C 289/7 | Prior notification of a concentration (Case COMP/M.4427 — SHV/Mammoet) — Candidate case for simplified procedure (
  1
  ) | 21 |
| 2006/C 289/8 | Prior notification of a concentration (Case COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets) (
  1
  ) | 22 |
| 2006/C 289/9 | New composition of the European Consumer Consultative Group | 23 |

Notice No

Contents

page

I   Information

Commission

2006/C 289/1

Euro exchange rates

1

2006/C 289/2

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (
  1
  )

1

2

2006/C 289/3

State aid — United Kingdom — State aid No C 38/2006 (ex NN 93/2005) — Fish factory improvement scheme — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  )

1

10

2006/C 289/4

Notice of initiation of a review of the extension of the antidumping duty imposed on imports of bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China

15

2006/C 289/5

Prior notification of a concentration (Case COMP/M.4478 — KKR/Goldman Sachs/Kion) (
  1
  )

1

19

2006/C 289/6

Prior notification of a concentration (Case COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV) — Candidate case for simplified procedure (
  1
  )

1

20

2006/C 289/7

Prior notification of a concentration (Case COMP/M.4427 — SHV/Mammoet) — Candidate case for simplified procedure (
  1
  )

1

21

2006/C 289/8

Prior notification of a concentration (Case COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets) (
  1
  )

1

22

2006/C 289/9

New composition of the European Consumer Consultative Group

23

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

---

(1)   Text with EEA relevance

1

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

EN

---

I Information

Commission

| 28.11.2006 | EN | Official Journal of the European Union | C 289/1 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/1

---

Euro exchange rates (1)

27 November 2006

(2006/C 289/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3114 |
| JPY | Japanese yen | 152,24 |
| DKK | Danish krone | 7,4549 |
| GBP | Pound sterling | 0,67770 |
| SEK | Swedish krona | 9,0423 |
| CHF | Swiss franc | 1,5855 |
| ISK | Iceland króna | 91,96 |
| NOK | Norwegian krone | 8,2690 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5780 |
| CZK | Czech koruna | 28,040 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 258,25 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6977 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8239 |
| RON | Romanian leu | 3,4776 |
| SIT | Slovenian tolar | 239,66 |
| SKK | Slovak koruna | 35,662 |
| TRY | Turkish lira | 1,9250 |
| AUD | Australian dollar | 1,6848 |
| CAD | Canadian dollar | 1,4866 |
| HKD | Hong Kong dollar | 10,1972 |
| NZD | New Zealand dollar | 1,9591 |
| SGD | Singapore dollar | 2,0324 |
| KRW | South Korean won | 1 220,45 |
| ZAR | South African rand | 9,2965 |
| CNY | Chinese yuan renminbi | 10,2861 |
| HRK | Croatian kuna | 7,3220 |
| IDR | Indonesian rupiah | 11 988,16 |
| MYR | Malaysian ringgit | 4,7702 |
| PHP | Philippine peso | 65,111 |
| RUB | Russian rouble | 34,5880 |
| THB | Thai baht | 47,750 |

Currency

Exchange rate

USD

US dollar

1,3114

JPY

Japanese yen

152,24

DKK

Danish krone

7,4549

GBP

Pound sterling

0,67770

SEK

Swedish krona

9,0423

CHF

Swiss franc

1,5855

ISK

Iceland króna

91,96

NOK

Norwegian krone

8,2690

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5780

CZK

Czech koruna

28,040

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

258,25

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6977

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8239

RON

Romanian leu

3,4776

SIT

Slovenian tolar

239,66

SKK

Slovak koruna

35,662

TRY

Turkish lira

1,9250

AUD

Australian dollar

1,6848

CAD

Canadian dollar

1,4866

HKD

Hong Kong dollar

10,1972

NZD

New Zealand dollar

1,9591

SGD

Singapore dollar

2,0324

KRW

South Korean won

1 220,45

ZAR

South African rand

9,2965

CNY

Chinese yuan renminbi

10,2861

HRK

Croatian kuna

7,3220

IDR

Indonesian rupiah

11 988,16

MYR

Malaysian ringgit

4,7702

PHP

Philippine peso

65,111

RUB

Russian rouble

34,5880

THB

Thai baht

47,750

---

(1)

Source: reference exchange rate published by the ECB.

---

| 28.11.2006 | EN | Official Journal of the European Union | C 289/2 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/2

---

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

(2006/C 289/02)

(Text with EEA relevance)

| Aid No | XS 79/06 |
| --- | --- |
| Member State | Federal Republic of Germany |
| Region | Freie und Hansestadt Hamburg |
| Title of aid scheme or name of company receiving individual aid | Hodorff Qualitätslogistic GmbH |
| Banksstraße 28 |
| D-20097 Hamburg |

Aid No

XS 79/06

Member State

Federal Republic of Germany

Region

Freie und Hansestadt Hamburg

Title of aid scheme or name of company receiving individual aid

Hodorff Qualitätslogistic GmbH

Banksstraße 28

D-20097 Hamburg

Legal basis

Einzelfallentscheidung der Kreditkommission gemäß dem Gesetz über die Kreditkommission vom 29.4.1997 (Hamburgisches Gesetz- und Verordnungsblatt 1997, Nr. 18, Seite 133).

Verordnung (EG) Nr. 70/2001 der Kommission vom 12. Januar 2001 über die Anwendung der Artikel 87 und 88 EG-Vertrag auf staatliche Beihilfen an kleine und mittlere Unternehmen (Amtsblatt der Europäischen Gemeinschaften13.1.2001 L 10/33)

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

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

EUR 27 300

Loans guaranteed

EUR 5,46 million

Maximum aid intensity

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

Yes

Date of implementation

15.5.2006

Duration of the scheme or individual aid award

No scheme and no award as this is a one-off guarantee

Objective of aid

Aid to SMEs

Yes

Economic sectors concerned

Limited to specific sectors

Yes

Other services

Yes

Name and address of the granting authority

Freie und Hansestadt Hamburg

Behörde für Wirtschaft und Arbeit

Referat Finanzierungshilfen

| Alter Steinweg 4 |
| --- |
| D-20459 Hamburg |

Alter Steinweg 4

D-20459 Hamburg

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

| Aid No | XS 90/06 |
| --- | --- |
| Member State | Germany |
| Title of aid scheme or name of company receiving individual aid | Programm zur Innovationsförderung/Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz |
| Legal basis | Programm und zugehörige Bekanntmachungen sind unter www.ble.de (Link Innovationsförderung — dort unter 3. Download des Programms zur Innovationsförderung des Bundesministeriums für Ernährung, Landwirtschaft und Verbraucherschutz (PDF-Dokument) und 3.1 Download der Bekanntmachung einer Richtlinie über die Förderung innovativer Pflanzenschutzvorhaben zur Reduzierung der Anwendung von Pflanzenschutzmitteln im Rahmen des Programms zur Innovationsförderung (PDF-Dokument)) einsehbar |
| Annual expenditure planned or overall amount of individual aid granted to the company | Aid scheme | Annual overall amount | EUR 21,6 million |
| Loans guaranteed | |
| Individual aid | Overall aid amount | |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation | Yes |
| Date of implementation | Programme starts immediately, current authorisations after notices and corresponding application |
| Duration of scheme or individual aid award | Unlimited.
  The programme will be adapted if required by successor to Regulation (EC) No 70/2001 |
| Objective of aid | Aid to SMEs | Yes |
| Economic sectors concerned | All sectors eligible for aid to SMEs | Yes |
| Name and address of the granting authority | Bundesanstalt für Landwirtschaft und Ernährung (BLE)
  Projektgruppe Innovationsförderung |
| Deichmanns Aue 29 |
| D-53179 Bonn |

Aid No

XS 90/06

Member State

Germany

Title of aid scheme or name of company receiving individual aid

Programm zur Innovationsförderung/Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz

Legal basis

Programm und zugehörige Bekanntmachungen sind unter www.ble.de (Link Innovationsförderung — dort unter 3. Download des Programms zur Innovationsförderung des Bundesministeriums für Ernährung, Landwirtschaft und Verbraucherschutz (PDF-Dokument) und 3.1 Download der Bekanntmachung einer Richtlinie über die Förderung innovativer Pflanzenschutzvorhaben zur Reduzierung der Anwendung von Pflanzenschutzmitteln im Rahmen des Programms zur Innovationsförderung (PDF-Dokument)) einsehbar

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

Aid scheme

Annual overall amount

EUR 21,6 million

Loans guaranteed

Individual aid

Overall aid amount

Loans guaranteed

Maximum aid intensity

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

Yes

Date of implementation

Programme starts immediately, current authorisations after notices and corresponding application

Duration of scheme or individual aid award

Unlimited.

The programme will be adapted if required by successor to Regulation (EC) No 70/2001

Objective of aid

Aid to SMEs

Yes

Economic sectors concerned

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Bundesanstalt für Landwirtschaft und Ernährung (BLE)

Projektgruppe Innovationsförderung

Deichmanns Aue 29

D-53179 Bonn

Large individual aid grants

In conformity with Article 6 of the Regulation

n.a.

| Aid No | XS 112/06 |
| --- | --- |
| Member State | Netherlands |
| Region | Province Zuid-Holland |
| Title of aid scheme or name of company receiving individual aid | Bioception B.V. |
| Legal basis | Artikel 12 van de Algemene subsidieverordening Zuid-Holland, 1 juni 2005 |
| Annual expenditure planned or overall amount of aid granted to the company | Aid scheme | Annual overall amount | |
| Loans guaranteed | |
| Individual aid | Overall aid amount | EUR 139 001 |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation | Yes, the state aid intensity is 45 % (precompetitive research). |
| Date of implementation | 13 June 2006. Subject to the usual reservations, the aid will be awarded following notification. |
| Duration of scheme or individual aid award | Until 31 December 2007. If need be, the measure will be aligned on the relevant provisions following revision of the Regulation. The Commission will be notified accordingly. |
| Objective of aid | Aid to SMEs | Yes
  This R&D project is developing knowledge and technology in the field of the practical application of biological test media.
  The manufacture of medicines and food is subject to increasingly high quality and hygiene requirements (including HAACP). Intrusive measuring for this purpose involves contact with the product. The equipment used has to be cleaned after testing. Achieving the requisite sterility demands investment in increasingly expensive appliances. This project seeks a possible alternative through R&D in the field of disposable containers with built-in data-acquisition and -transmission capacities. During manufacturing the process parameters need to be measured online and transmitted to a central process-operating system. The physical components to be developed need to be small and cheap, hence the project. Delft university is responsible for providing the scientific know-how and for developing the strips to which the sensors are attached. |
| Economic sectors concerned | Limited to specific sectors | Yes |
| Other manufacturing | Supply of various sectors. |
| Name and address of the granting authority | Provincie Zuid-Holland |
| Postbus 90602 |
| 2509 LP Den Haag |
| Nederland |

Aid No

XS 112/06

Member State

Netherlands

Region

Province Zuid-Holland

Title of aid scheme or name of company receiving individual aid

Bioception B.V.

Legal basis

Artikel 12 van de Algemene subsidieverordening Zuid-Holland, 1 juni 2005

Annual expenditure planned or overall amount of aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

EUR 139 001

Loans guaranteed

Maximum aid intensity

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

Yes, the state aid intensity is 45 % (precompetitive research).

Date of implementation

13 June 2006. Subject to the usual reservations, the aid will be awarded following notification.

Duration of scheme or individual aid award

Until 31 December 2007. If need be, the measure will be aligned on the relevant provisions following revision of the Regulation. The Commission will be notified accordingly.

Objective of aid

Aid to SMEs

Yes

This R&D project is developing knowledge and technology in the field of the practical application of biological test media.

The manufacture of medicines and food is subject to increasingly high quality and hygiene requirements (including HAACP). Intrusive measuring for this purpose involves contact with the product. The equipment used has to be cleaned after testing. Achieving the requisite sterility demands investment in increasingly expensive appliances. This project seeks a possible alternative through R&D in the field of disposable containers with built-in data-acquisition and -transmission capacities. During manufacturing the process parameters need to be measured online and transmitted to a central process-operating system. The physical components to be developed need to be small and cheap, hence the project. Delft university is responsible for providing the scientific know-how and for developing the strips to which the sensors are attached.

Economic sectors concerned

Limited to specific sectors

Yes

Other manufacturing

Supply of various sectors.

Name and address of the granting authority

Provincie Zuid-Holland

Postbus 90602

2509 LP Den Haag

Nederland

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

| Aid No | XS 118/06 |
| --- | --- |
| Member State | Netherlands |
| Region | Province Flevoland |
| Title of aid scheme or name of company receiving individual aid | Eenmanszaak Pitch & Putt Swifterbant te Swifterbant |
| Legal basis | — | Decentralisatie-convenant Rijk/Flevoland m.b.t. het Leader+ programma Regio Randstad 2000-2006 d.d. 11 april 2001. |

Aid No

XS 118/06

Member State

Netherlands

Region

Province Flevoland

Title of aid scheme or name of company receiving individual aid

Eenmanszaak Pitch & Putt Swifterbant te Swifterbant

Legal basis

—

Decentralisatie-convenant Rijk/Flevoland m.b.t. het Leader+ programma Regio Randstad 2000-2006 d.d. 11 april 2001.

| — | Leader+ overeenkomst tussen de provincie Flevoland en Pitch & Putt Swifterbant. |
| --- | --- |

—

Leader+ overeenkomst tussen de provincie Flevoland en Pitch & Putt Swifterbant.

Annual expenditure planned or overall amount of aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

EUR 155 700

Loans guaranteed

Maximum aid intensity

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

Yes.

The aid intensity is 12,4 %. This is in conformity with Article 4(2)(a) of the Regulation.

Date of implementation

The decision will be issued after the notification has been published in the Official Journal of the European Union.

Duration of scheme or individual aid award

Until 30 November 2007.

If need be, the measure will be aligned on the relevant provisions following revision of the Regulation. The Commission will be notified accordingly.

Objective of aid

Aid to SMEs

Yes.

Aid is being granted for investment in tangible assets (Article 4(1)). The purpose of the aid is to contribute towards the investment costs needed to construct a pitch-and-putt course and club house. This tourist activity offers a new source of income for the former farmer.

Economic sectors concerned

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Provincie Flevoland

| Postbus 55 |
| --- |
| 8200 AB Lelystad |
| Nederland |

Postbus 55

8200 AB Lelystad

Nederland

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

| Aid No | XS 121/06 |
| --- | --- |
| Member State | Greece |
| Region | Entire country |
| Title of aid scheme | Hellenic Technology Clusters Initiative (HTCI) is an endorsed activity under the auspices of the Hellenic Ministry of Development, that targets the establishment and development of competitive technology clusters in knowledge-intensive and exports-oriented focused segments. The selected clusters are comprised mainly of SMEs. |
| Legal basis | Νόμος 1514/85 όπως τροποποιήθηκε από το Νόμο 2919/01. Ο ρόλος του Ερευνητικού Κέντρου ‘Αθηνά’ περιγράφεται στο Άρθρο 8 του Νόμου 2919/01 και το Προεδρικό Διάταγμα 145/03 όπως τροποποιήθηκαν από το άρθρο 9 του Νόμου 3438/06 και το άρθρο 15 του Νόμου 3460/06 |
| Annual expenditure planned under the scheme or overall amount of individual aid granted to the company | Annual overall amount | 2006: EUR 1 310 000
  2007: EUR 1 310 000
  2008: EUR 652 000 |
| Overall aid amount
  Actual amounts in each year may vary somewhat, but the total is fixed. | EUR 1 514 000 |
| Maximum aid intensity | The maximum aid intensity will not exceed 50 % according to the ceiling of regional investment aid determined in the map approved by the Commission for each Member State and the conditions of Regulation (EC) No 70/2001 as amended by Regulation (EC) No 364/2004. |
| Date of implementation | First call for proposals opened at the beginning of August 2006 |
| Duration of scheme or individual aid award | Until 31 December 2008. Legal commitments until 31 December 2006 |
| Objective of aid | The HTCI programme will support the clustering initiatives by providing support in the form of grants for a short period of time (2006-2008) for investments (Office space arrangement and modification, purchasing of hardware and equipment, purchasing of software and software licenses), consultancy services (such services do not constitute a permanent or regular activity and are not connected with the enterprise's ordinary running costs), other services and activities (participation in trade fares and shows), and aid to cover the costs of obtaining and validating licenses and other intellectual property rights (patents). The objective of the aid is to help expand cluster-members' activities, establish strong human networks, address policy measures in innovation and R&D, promote technology and know-how diffusion among cluster members, focus on the utilization of talented human capital, and improve skills of the SMEs involved. |
| Economic sectors concerned | Microelectronics and Embedded Systems with the exception of firms with activities linked to the production, processing or marketing of products listed in Annex I to the Treaty establishing the European Community. |
| Name and address of the granting authority | Υπουργείο Ανάπτυξης, Γενική Γραμματεία Έρευνας και Τεχνολογίας, Ερευνητικό Κέντρο ‘Αθηνά’, Γ. Αναστασίου 13, GR-11527 Αθήνα
  (Ministry of Development, General Secretariat for Research and Technology, Research Center Athena, G. Anastasiou 13, GR-11527 Athens) |
| Further information | The scheme is in accordance with Regulation (EC) No 70/2001 as amended by Regulation (EC) No 364/2004. The aid concerns Action 4.6.3 of the Competitiveness Operational Programme which is jointly funded by Structural Funds. |

Aid No

XS 121/06

Member State

Greece

Region

Entire country

Title of aid scheme

Hellenic Technology Clusters Initiative (HTCI) is an endorsed activity under the auspices of the Hellenic Ministry of Development, that targets the establishment and development of competitive technology clusters in knowledge-intensive and exports-oriented focused segments. The selected clusters are comprised mainly of SMEs.

Legal basis

Νόμος 1514/85 όπως τροποποιήθηκε από το Νόμο 2919/01. Ο ρόλος του Ερευνητικού Κέντρου ‘Αθηνά’ περιγράφεται στο Άρθρο 8 του Νόμου 2919/01 και το Προεδρικό Διάταγμα 145/03 όπως τροποποιήθηκαν από το άρθρο 9 του Νόμου 3438/06 και το άρθρο 15 του Νόμου 3460/06

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

Annual overall amount

2006: EUR 1 310 000

2007: EUR 1 310 000

2008: EUR 652 000

Overall aid amount

Actual amounts in each year may vary somewhat, but the total is fixed.

EUR 1 514 000

Maximum aid intensity

The maximum aid intensity will not exceed 50 % according to the ceiling of regional investment aid determined in the map approved by the Commission for each Member State and the conditions of Regulation (EC) No 70/2001 as amended by Regulation (EC) No 364/2004.

Date of implementation

First call for proposals opened at the beginning of August 2006

Duration of scheme or individual aid award

Until 31 December 2008. Legal commitments until 31 December 2006

Objective of aid

The HTCI programme will support the clustering initiatives by providing support in the form of grants for a short period of time (2006-2008) for investments (Office space arrangement and modification, purchasing of hardware and equipment, purchasing of software and software licenses), consultancy services (such services do not constitute a permanent or regular activity and are not connected with the enterprise's ordinary running costs), other services and activities (participation in trade fares and shows), and aid to cover the costs of obtaining and validating licenses and other intellectual property rights (patents). The objective of the aid is to help expand cluster-members' activities, establish strong human networks, address policy measures in innovation and R&D, promote technology and know-how diffusion among cluster members, focus on the utilization of talented human capital, and improve skills of the SMEs involved.

Economic sectors concerned

Microelectronics and Embedded Systems with the exception of firms with activities linked to the production, processing or marketing of products listed in Annex I to the Treaty establishing the European Community.

Name and address of the granting authority

Υπουργείο Ανάπτυξης, Γενική Γραμματεία Έρευνας και Τεχνολογίας, Ερευνητικό Κέντρο ‘Αθηνά’, Γ. Αναστασίου 13, GR-11527 Αθήνα

(Ministry of Development, General Secretariat for Research and Technology, Research Center Athena, G. Anastasiou 13, GR-11527 Athens)

Further information

The scheme is in accordance with Regulation (EC) No 70/2001 as amended by Regulation (EC) No 364/2004. The aid concerns Action 4.6.3 of the Competitiveness Operational Programme which is jointly funded by Structural Funds.

| Aid No | XS 127/06 |
| --- | --- |
| Member State | Netherlands |
| Region | All regions are eligible. |
| Title of aid scheme or name of company receiving individual aid | Feasibility studies for R&D for figureheads. |
| Legal basis | Kaderwet EZ-subsidies |
| Annual expenditure planned or overall amount of aid granted to the company | Aid scheme | Annual overall amount | EUR 1 million |
| Loans guaranteed | |
| Individual aid | Overall aid amount | |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation | Concerns R&D aid. The maximum aid intensities are respected. |
| Date of implementation | 21 June 2006 |
| Duration of scheme or individual aid award | 4 years |
| Objective of aid | Aid to SMEs | Yes |
| Economic sectors concerned | All sectors eligible for aid to SMEs | Yes |
| Name and address of the granting authority | Ministerie van Economische Zaken |
| Bezuidenhoutseweg 20 |
| 2500 EC Den Haag |
| Nederland |

Aid No

XS 127/06

Member State

Netherlands

Region

All regions are eligible.

Title of aid scheme or name of company receiving individual aid

Feasibility studies for R&D for figureheads.

Legal basis

Kaderwet EZ-subsidies

Annual expenditure planned or overall amount of aid granted to the company

Aid scheme

Annual overall amount

EUR 1 million

Loans guaranteed

Individual aid

Overall aid amount

Loans guaranteed

Maximum aid intensity

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

Concerns R&D aid. The maximum aid intensities are respected.

Date of implementation

21 June 2006

Duration of scheme or individual aid award

4 years

Objective of aid

Aid to SMEs

Yes

Economic sectors concerned

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Ministerie van Economische Zaken

Bezuidenhoutseweg 20

2500 EC Den Haag

Nederland

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

| Aid No | XS 132/06 |
| --- | --- |
| Member State | Netherlands |
| Region | Province Flevoland |
| Title of aid scheme or name of company receiving individual aid | Maatschap M.T.M.& I. Daniëls-Bisschop |
| Legal basis | — | Decentralisatie-convenant Rijk/Flevoland m.b.t. het Leader+ programma Regio Randstad 2000-2006 d.d 11 april 2001. |

Aid No

XS 132/06

Member State

Netherlands

Region

Province Flevoland

Title of aid scheme or name of company receiving individual aid

Maatschap M.T.M.& I. Daniëls-Bisschop

Legal basis

—

Decentralisatie-convenant Rijk/Flevoland m.b.t. het Leader+ programma Regio Randstad 2000-2006 d.d 11 april 2001.

| — | Leader+ overeenkomst tussen de provincie Flevoland en Maatschap M.T.M.& I. Daniëls-Bisschop |
| --- | --- |

—

Leader+ overeenkomst tussen de provincie Flevoland en Maatschap M.T.M.& I. Daniëls-Bisschop

Annual expenditure planned or overall amount of aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

EUR 121 446

Loans guaranteed

Maximum aid intensity

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

Yes.

The aid intensity is 15 %. This is in conformity with Article 4(2)(a) of the Regulation.

Date of implementation

The decision will be issued after notification has been published in the Official Journal of the European Union.

Duration of scheme or individual aid award

Until 1 September 2006

Objective of aid

Aid to SMEs

Yes.

The aid is for investment in tangible assets (Article 4(1)). The objective is to provide entrepreneurs with a contribution towards the investment costs necessary for the construction of a hostel for the temporary accommodation of foreign workers performing temporary work for a large number of farmers in Flevoland.

Economic sectors concerned

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Provincie Flevoland

| Postbus 55 |
| --- |
| 8200 AB Lelystad |
| Nederland |

Postbus 55

8200 AB Lelystad

Nederland

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

| Aid No | XS 146/06 |
| --- | --- |
| Member State | Netherlands |
| Region | Provincie Zuid-Holland |
| Title of aid scheme or name of company receiving individual aid | Name of company:
  Vastgoed Ontwikkelings Combinatie |
| Legal basis | Algemene subsidieverordening (Asv), hoofdstuk 6, Milieu, onderdeel regeling stimulering duurzame energie |
| Annual expenditure planned or overall amount of aid granted to the company | Aid scheme | Annual overall amount | |
| Loans guaranteed | |
| Individual aid | Overall aid amount | EUR 370 837,00
  (0,9 % of Vastgoed Ontwikkelings Combinatie's total investment costs) |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Articles 4(2)-(6) and 5 of the Regulation | Yes |
| Date of implementation | Date of decision: 15 June 2006. The aid will be granted only after the European Commission has been notified |
| Duration of scheme or individual aid award | Until 1 September 2007.
  The applicant may request an advance of no more than 80 % of the sum to which it can expect to be entitled. If no use is made of this facility a single payment will be made 13 weeks after the final sum has been determined. |
| Objective of aid | Aid to SMEs | Yes |
| Project purpose | The purpose is to heat and cool the new business estate on the Zuidelijke Randweg in Middelharnis by means of cold and heat storage in aquifers and heat pumps. The business estate comprises six parcels, which will be connected to a central heating and cooling plant. Given the imbalance in energy demand for heating and cooling (60/40 %), road energy systems (pipes in the asphalt) will be used to draw heat from the asphalt.
  This should reduce CO2 emissions by 473 tonnes a year. |
| Economic sectors concerned | All sectors eligible for aid to SMEs | Yes |
| Name and address of the granting authority | Provincie Zuid Holland |
| Zuid-Hollandlaan 1 |
| 2596 AW Den Haag |
| Nederland |

Aid No

XS 146/06

Member State

Netherlands

Region

Provincie Zuid-Holland

Title of aid scheme or name of company receiving individual aid

Name of company:

Vastgoed Ontwikkelings Combinatie

Legal basis

Algemene subsidieverordening (Asv), hoofdstuk 6, Milieu, onderdeel regeling stimulering duurzame energie

Annual expenditure planned or overall amount of aid granted to the company

Aid scheme

Annual overall amount

Loans guaranteed

Individual aid

Overall aid amount

EUR 370 837,00

(0,9 % of Vastgoed Ontwikkelings Combinatie's total investment costs)

Loans guaranteed

Maximum aid intensity

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

Yes

Date of implementation

Date of decision: 15 June 2006. The aid will be granted only after the European Commission has been notified

Duration of scheme or individual aid award

Until 1 September 2007.

The applicant may request an advance of no more than 80 % of the sum to which it can expect to be entitled. If no use is made of this facility a single payment will be made 13 weeks after the final sum has been determined.

Objective of aid

Aid to SMEs

Yes

Project purpose

The purpose is to heat and cool the new business estate on the Zuidelijke Randweg in Middelharnis by means of cold and heat storage in aquifers and heat pumps. The business estate comprises six parcels, which will be connected to a central heating and cooling plant. Given the imbalance in energy demand for heating and cooling (60/40 %), road energy systems (pipes in the asphalt) will be used to draw heat from the asphalt.

This should reduce CO2 emissions by 473 tonnes a year.

Economic sectors concerned

All sectors eligible for aid to SMEs

Yes

Name and address of the granting authority

Provincie Zuid Holland

Zuid-Hollandlaan 1

2596 AW Den Haag

Nederland

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

---

| 28.11.2006 | EN | Official Journal of the European Union | C 289/10 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/10

---

STATE AID — UNITED KINGDOM

State aid No C 38/2006 (ex NN 93/2005)

Fish factory improvement scheme

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(2006/C 289/03)

(Text with EEA relevance)

By means of the letter dated 13 September 2006 reproduced in the authentic language on the pages following this summary, the Commission notified the United Kingdom of Great Britain and Northern Ireland of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the abovementioned aid.

Interested parties may submit their comments within one month of the date of publication of this summary and the following letter, to:

| European Commission |
| --- |
| Directorate General for Fisheries |
| DG FISH/D/3 ‘Legal Issues’ |
| B-1049 Brussels |
| Fax: (32-2) 295 19 42 |

European Commission

Directorate General for Fisheries

DG FISH/D/3 ‘Legal Issues’

B-1049 Brussels

Fax: (32-2) 295 19 42

These comments will be communicated to the United Kingdom of Great Britain and Northern Ireland. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

In June 2004 the Commission was informed of aid granted by the Shetland Islands Council, the public authority in the Shetland Islands of the United Kingdom, to the fisheries sector which possibly concerned illegal State aid.

Under the fish factory improvement scheme, which was in force from begin 1980's until 14 January 2005, aid with a maximum of 20 % was granted for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. Repairs of machinery or buildings were not eligible. The maximum amount of aid per beneficiary was GBP 20 000 for factories with a turnover of less than GBP 1 000 000; GBP 25 000 for factories with a turnover of between 1 000 000 and GBP 3 000 000 and GBP 30 000 for factories with a turnover of more than GBP 3 000 000. From 1994 to 14 January 2005 approximately 1,6 million GBP appears to have been granted under the scheme, of which GBP 93 600 to a company involved in fish meal and fish oil production.

According to Article 88 (3) of the EC Treaty Member State have to inform the Commission of any plans to grant or alter aid. According to the United Kingdom the scheme has been applied from at least the 1980's until 14 January 2005. However, the United Kingdom was until now not able, due to the absence of past records, to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. Moreover, the United Kingdom has confirmed to have altered the aids over the years without notification to the Commission, as a result of which the aid measure has to be considered as new aid.

Council Regulation (EC) No 659/1999 (1) does not lay down any limitation period for the examination of unlawful aid. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid granted more than ten years before any measure taken by the Commission concerning it. The Commission considers that the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994 and the Commission assesses below, only aid granted by decisions taken between 24 August 1994 and 14 January 2005. In the area of fisheries it is necessary to examine the measure in the light of the Guidelines for the examination of State aid to fisheries and aquaculture. According to point 5.3 of the Guidelines an ‘unlawful aid’ within the meaning of Article 1 (f) of Regulation (EC) No 659/1999 will be appraised in accordance with the guidelines applicable at the time when the administrative act setting up the aid has entered into force.

The aids appear to be State aid in the sense of Article 87 of the EC Treaty. State aid to the fisheries sector need to be assessed under the conditions of Guidelines for the examination of State aid to fisheries and aquaculture in force at the time the aid was granted (2).

According to point 2.3 of the 1994, 1997 and 2001 Guidelines and point 3.10 of the 2004 Guidelines aid for investments in the processing and marketing of fishery products may be regarded compatible provided that they comply with the relevant conditions laid down in Regulation (EC) No 3699/93 respectively Regulation (EC) No 2792/1999. Aid may be granted up to 60 % of the eligible costs.

The conditions of the scheme are compatible with those conditions. However, under the scheme GBP 93 600 has been granted to a company involved in fish meal and fish oil production and thus this part of the aid can not be regarded to comply with the conditions of the respective Guidelines. Therefore, the Commission has, at this stage, serious doubts on the compatibility of that aid with the common market.

In accordance with Article 14 of Council Regulation (EC) No 659/1999, all unlawful aid can be subject to recovery from the recipient.

TEXT OF LETTER

| ‘(1) | The Commission wishes to inform the United Kingdom of Great Britain and Northern Ireland that, having examined the information supplied by your authorities on the aid/measure referred to above, it has decided to initiate the procedure laid down in Article 88(2) of the EC Treaty. |
| --- | --- |

‘(1)

The Commission wishes to inform the United Kingdom of Great Britain and Northern Ireland that, having examined the information supplied by your authorities on the aid/measure referred to above, it has decided to initiate the procedure laid down in Article 88(2) of the EC Treaty.

1.   PROCEDURE

| (2) | By letter of 15 June 2004 the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the authorities of the Shetland Islands of the United Kingdom. By letters of 24 August 2004, 4 February, 11 May and 16 December 2005 the Commission has requested the United Kingdom authorities to provide information about these measures, to which the United Kingdom authorities responded by letters of 10 December 2004, 6 April, 8 September 2005 and 31 January 2006. |
| --- | --- |

(2)

By letter of 15 June 2004 the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the authorities of the Shetland Islands of the United Kingdom. By letters of 24 August 2004, 4 February, 11 May and 16 December 2005 the Commission has requested the United Kingdom authorities to provide information about these measures, to which the United Kingdom authorities responded by letters of 10 December 2004, 6 April, 8 September 2005 and 31 January 2006.

2.   DESCRIPTION

| (3) | The Shetland Islands Council (SIC), the public authority in Shetland, has made payments to the fisheries sector under the scope of two general aid measures named “Aid to the Fish Catching and Processing Industry” and “Aid to the Fish Farming Industry”, which actually consisted of several different types of aid schemes, one of which is the so-called “Fish Factory Improvement Scheme”. |
| --- | --- |

(3)

The Shetland Islands Council (SIC), the public authority in Shetland, has made payments to the fisheries sector under the scope of two general aid measures named “Aid to the Fish Catching and Processing Industry” and “Aid to the Fish Farming Industry”, which actually consisted of several different types of aid schemes, one of which is the so-called “Fish Factory Improvement Scheme”.

| (4) | Under the fish factory improvement scheme, which was in force from at least the 1980's until 14 January 2005, aid could be granted for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. Repairs of machinery or buildings are however not eligible. Aid for second hand equipment is only considered for assistance in special circumstances and must be inspected or certified as fully serviceable by an independent engineer. |
| --- | --- |

(4)

Under the fish factory improvement scheme, which was in force from at least the 1980's until 14 January 2005, aid could be granted for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. Repairs of machinery or buildings are however not eligible. Aid for second hand equipment is only considered for assistance in special circumstances and must be inspected or certified as fully serviceable by an independent engineer.

| (5) | Aid of maximum 20 % is granted either as direct grant or as interest relief grant on a Shetland Development Trust Loan or proportion of both. The interest relief grant is used to reduce the interest rate on a loan from 8 % to 5 %. |
| --- | --- |

(5)

Aid of maximum 20 % is granted either as direct grant or as interest relief grant on a Shetland Development Trust Loan or proportion of both. The interest relief grant is used to reduce the interest rate on a loan from 8 % to 5 %.

| (6) | The maximum amount of aid per beneficiary is GBP 20 000 for factories with a turnover of less than GBP 1 000 000; GBP 25 000 for factories with a turnover of between 1 000 000 and GBP 3 000 000 and GBP 30 000 for factories with a turnover of more than GBP 3 000 000. In case of new fish processing operations with no track record regarding the turnover the maximum grant in the first year shall be fixed at GBP 30 000. |
| --- | --- |

(6)

The maximum amount of aid per beneficiary is GBP 20 000 for factories with a turnover of less than GBP 1 000 000; GBP 25 000 for factories with a turnover of between 1 000 000 and GBP 3 000 000 and GBP 30 000 for factories with a turnover of more than GBP 3 000 000. In case of new fish processing operations with no track record regarding the turnover the maximum grant in the first year shall be fixed at GBP 30 000.

| (7) | All applicants must ensure that all fish factory improvements comply with the Community health and hygiene regulations and that their factories and work practices meet the required standards specified by the Shetland Seafood Quality Control Ltd. Finally applicants must operate their businesses for at least five years, must be member of the Shetland Fish Processors Association and must retain membership for at least five years from the date of receipt of the aid. |
| --- | --- |

(7)

All applicants must ensure that all fish factory improvements comply with the Community health and hygiene regulations and that their factories and work practices meet the required standards specified by the Shetland Seafood Quality Control Ltd. Finally applicants must operate their businesses for at least five years, must be member of the Shetland Fish Processors Association and must retain membership for at least five years from the date of receipt of the aid.

| (8) | Beneficiaries of the aid must submit to the Council their annual accounts within 9 months of the end of the financial year for each of the 5 years following the receipt of the aid. Breach of the conditions may lead to (partial) recovery of the aid from the beneficiary. |
| --- | --- |

(8)

Beneficiaries of the aid must submit to the Council their annual accounts within 9 months of the end of the financial year for each of the 5 years following the receipt of the aid. Breach of the conditions may lead to (partial) recovery of the aid from the beneficiary.

3.   COMMENTS FROM THE UNITED KINGDOM

| (9) | The United Kingdom states that the aid measures concerned have already been applied already before the accession of the United Kingdom to the European Economic Community. The United Kingdom is however not able to provide any evidence of the existence of these measures at the time of accession. |
| --- | --- |

(9)

The United Kingdom states that the aid measures concerned have already been applied already before the accession of the United Kingdom to the European Economic Community. The United Kingdom is however not able to provide any evidence of the existence of these measures at the time of accession.

| (10) | The United Kingdom confirms that the aid measures have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty [former Article 93(3)]. The United Kingdom states however that the expenditure and application of the measures have been reported yearly to the Commission by way of the annual State aid inventory and that the officials responsible for the aids believed that by transmitting the annual reports no notification of the aid would be necessary. |
| --- | --- |

(10)

The United Kingdom confirms that the aid measures have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty [former Article 93(3)]. The United Kingdom states however that the expenditure and application of the measures have been reported yearly to the Commission by way of the annual State aid inventory and that the officials responsible for the aids believed that by transmitting the annual reports no notification of the aid would be necessary.

| (11) | Finally the United Kingdom states that where the measures and the amendments to the schemes might have been applied without prior notification to the Commission, they were applied in accordance with the conditions laid down in the Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time aid was granted under the measures. |
| --- | --- |

(11)

Finally the United Kingdom states that where the measures and the amendments to the schemes might have been applied without prior notification to the Commission, they were applied in accordance with the conditions laid down in the Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time aid was granted under the measures.

| (12) | In addition, with regard to the aid granted under the Fish Factory Improvement Scheme the United Kingdom states that during the years 1997 — 2005 aid has been granted under the scheme to a company involved in the production of fish meal and fish oil, not intended for human consumption, amounting to a total of GBP 93 600. |
| --- | --- |

(12)

In addition, with regard to the aid granted under the Fish Factory Improvement Scheme the United Kingdom states that during the years 1997 — 2005 aid has been granted under the scheme to a company involved in the production of fish meal and fish oil, not intended for human consumption, amounting to a total of GBP 93 600.

| (13) | The United Kingdom admits that this aid is incompatible with the rules for State aid to fisheries, but points out that the aids have been granted under the assumption that the aids were coming from private funds and thus would not fall under the State aid rules. In this respect the United Kingdom refers to the decisions of the Commission on cases 2003/612/EC (3) and C(2005)4649final (4), in which the Commission decided that the principle of legitimate expectation on the side of the national authorities applied and for that reason recovery of the aid was not required. The United Kingdom states that the Shetland Islands Council was acting under the legitimate expectation that the funding was not covered by the State aid rules and during the course of 2004, when it became fully clear that the funds needed to be regarded as public funds, the Council acted decisively and responsibly to suspend all affected measures, including this scheme. |
| --- | --- |

(13)

The United Kingdom admits that this aid is incompatible with the rules for State aid to fisheries, but points out that the aids have been granted under the assumption that the aids were coming from private funds and thus would not fall under the State aid rules. In this respect the United Kingdom refers to the decisions of the Commission on cases 2003/612/EC (3) and C(2005)4649final (4), in which the Commission decided that the principle of legitimate expectation on the side of the national authorities applied and for that reason recovery of the aid was not required. The United Kingdom states that the Shetland Islands Council was acting under the legitimate expectation that the funding was not covered by the State aid rules and during the course of 2004, when it became fully clear that the funds needed to be regarded as public funds, the Council acted decisively and responsibly to suspend all affected measures, including this scheme.

4.   ASSESSMENT

| (14) | It must be determined first if the scheme can be regarded as State aid and if this is the case, if this aid is compatible with the common market. |
| --- | --- |

(14)

It must be determined first if the scheme can be regarded as State aid and if this is the case, if this aid is compatible with the common market.

| (15) | Aid has been granted to a limited number of companies within the fisheries sector and is thus of a selective nature. The aids have been granted by the Shetland Islands Council, the public authority of Shetland, from State resources and are in the benefit of these companies which are in direct competition with other companies in the fisheries sector of both within the United Kingdom as well as in other Member States. Therefore, the measures distort or threaten to distort competition and appear to be State aid in the sense of Article 87 of the EC Treaty. |
| --- | --- |

(15)

Aid has been granted to a limited number of companies within the fisheries sector and is thus of a selective nature. The aids have been granted by the Shetland Islands Council, the public authority of Shetland, from State resources and are in the benefit of these companies which are in direct competition with other companies in the fisheries sector of both within the United Kingdom as well as in other Member States. Therefore, the measures distort or threaten to distort competition and appear to be State aid in the sense of Article 87 of the EC Treaty.

4.1.   Legality

| (16) | According to the UK authorities, the scheme has been applied at least from the 1980's until January 2004. However, due to the absence of past records, the United Kingdom acknowledged that it is not able to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. In any event, the United Kingdom confirmed that the aid schemes have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty [former Article 93(3)]. As a result, the aid measures have to be considered as new aid. |
| --- | --- |

(16)

According to the UK authorities, the scheme has been applied at least from the 1980's until January 2004. However, due to the absence of past records, the United Kingdom acknowledged that it is not able to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. In any event, the United Kingdom confirmed that the aid schemes have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty [former Article 93(3)]. As a result, the aid measures have to be considered as new aid.

| (17) | The Commission regrets that the United Kingdom did not respect Article 88(3) of the EC Treaty, under which Member State are obliged to inform the Commission of any plans to grant or alter aid. In this respect the United Kingdom has stated that its authorities were mistakenly convinced that the inclusion of the measures into the annual State aid inventory, yearly submitted to the Commission, would be sufficient to inform the Commission of the aid in question. It must be noted however that such reporting to the Commission can not be considered as notification of the aid as required under Article 88(3) of the EC Treaty. |
| --- | --- |

(17)

The Commission regrets that the United Kingdom did not respect Article 88(3) of the EC Treaty, under which Member State are obliged to inform the Commission of any plans to grant or alter aid. In this respect the United Kingdom has stated that its authorities were mistakenly convinced that the inclusion of the measures into the annual State aid inventory, yearly submitted to the Commission, would be sufficient to inform the Commission of the aid in question. It must be noted however that such reporting to the Commission can not be considered as notification of the aid as required under Article 88(3) of the EC Treaty.

4.2.   Basis for the assessment

| (18) | Council Regulation (EC) No 659/1999 (5) does not lay down any limitation period for the examination of unlawful aid within the meaning of Article 1(f) thereof, i.e. aid implemented before the Commission is able to reach a conclusion about its compatibility with the common market. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid covered by the limitation period, i.e. aid granted more than ten years before any measure taken by the Commission concerning it. |
| --- | --- |

(18)

Council Regulation (EC) No 659/1999 (5) does not lay down any limitation period for the examination of unlawful aid within the meaning of Article 1(f) thereof, i.e. aid implemented before the Commission is able to reach a conclusion about its compatibility with the common market. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid covered by the limitation period, i.e. aid granted more than ten years before any measure taken by the Commission concerning it.

| (19) | The Commission considers that in this case the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994. Consequently, the Commission will asses below only the aid granted by decisions taken between 24 August 1994 and January 2005. During that time approximately GBP 1 600 000 appear to have been granted under the scheme. |
| --- | --- |

(19)

The Commission considers that in this case the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994. Consequently, the Commission will asses below only the aid granted by decisions taken between 24 August 1994 and January 2005. During that time approximately GBP 1 600 000 appear to have been granted under the scheme.

| (20) | State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. As regards the State aid to the fisheries sector, State aid measures are deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture. According to point 5.3 of the current Guidelines (6)) an “unlawful aid” within the meaning of Article 1 (f) of Regulation (EC) No 659/1999 will be appraised in accordance with the guidelines applicable at the time when the administrative act setting up the aid has entered into force. The aid thus needs to be assessed on the compatibility with the Guidelines of 1994, 1997, 2001 and 2004 (7). |
| --- | --- |

(20)

State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. As regards the State aid to the fisheries sector, State aid measures are deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture. According to point 5.3 of the current Guidelines (6)) an “unlawful aid” within the meaning of Article 1 (f) of Regulation (EC) No 659/1999 will be appraised in accordance with the guidelines applicable at the time when the administrative act setting up the aid has entered into force. The aid thus needs to be assessed on the compatibility with the Guidelines of 1994, 1997, 2001 and 2004 (7).

4.2.1.   Guidelines of 1994, 1997 and 2001

| (21) | According to point 2.3 of the 1994, 1997 and 2001 Guidelines, aid for investments in the processing and marketing of fishery products may be regarded compatible with the common market provided that the conditions are comparable to the conditions laid down in the respective regulations for the structural fund for fisheries and the sum of the State aid does not exceed, in subsidy equivalent, the total rate of national and Community subsidies fixed in annex IV of those Regulations. |
| --- | --- |

(21)

According to point 2.3 of the 1994, 1997 and 2001 Guidelines, aid for investments in the processing and marketing of fishery products may be regarded compatible with the common market provided that the conditions are comparable to the conditions laid down in the respective regulations for the structural fund for fisheries and the sum of the State aid does not exceed, in subsidy equivalent, the total rate of national and Community subsidies fixed in annex IV of those Regulations.

Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999

| (22) | According to both Article 11 and point 2.4 Annex III of Regulation (EC) No 3699/93 (8) and Article 13 and point 2.4. of Annex III of Regulation (EC) No 2792/1999 (9) eligible investments shall relate in particular to the construction and acquisition of buildings and installation, the acquisition of new equipment and installations needed for the time of landing and the marketing of fishery and aquaculture products between the time of landing and the end-product stage and the application of new technologies intended in particular to improve competitiveness. |
| --- | --- |

(22)

According to both Article 11 and point 2.4 Annex III of Regulation (EC) No 3699/93 (8) and Article 13 and point 2.4. of Annex III of Regulation (EC) No 2792/1999 (9) eligible investments shall relate in particular to the construction and acquisition of buildings and installation, the acquisition of new equipment and installations needed for the time of landing and the marketing of fishery and aquaculture products between the time of landing and the end-product stage and the application of new technologies intended in particular to improve competitiveness.

| (23) | Investments shall not be eligible for assistance when they concern fishery and aquaculture products intended to be used and processed for purposes other than human consumption, with the exemption of investments exclusively for the handling, processing and marketing of fishery and aquaculture wastes. |
| --- | --- |

(23)

Investments shall not be eligible for assistance when they concern fishery and aquaculture products intended to be used and processed for purposes other than human consumption, with the exemption of investments exclusively for the handling, processing and marketing of fishery and aquaculture wastes.

| (24) | As Shetland is an objective I region, aid may be granted up to 60 % of the eligible costs. |
| --- | --- |

(24)

As Shetland is an objective I region, aid may be granted up to 60 % of the eligible costs.

4.2.2.   Guidelines of 2004

| (25) | According to point 3.10 of the 2004 Guidelines, aid for the categories of measures covered by Regulation (EC) No 1595/2004 (10), but which are designed to benefit enterprises other than SME's, or exceed the threshold laid down in Article 1(3) of that Regulation, will be assessed on the basis of the Guidelines and of the criteria laid down for each category of measures in the Articles 4 to 13 of that Regulation. As the Guidelines do not contain any specific provisions for this type of aid, the scheme is to be assessed by reference to the provisions laid down in that Regulation. |
| --- | --- |

(25)

According to point 3.10 of the 2004 Guidelines, aid for the categories of measures covered by Regulation (EC) No 1595/2004 (10), but which are designed to benefit enterprises other than SME's, or exceed the threshold laid down in Article 1(3) of that Regulation, will be assessed on the basis of the Guidelines and of the criteria laid down for each category of measures in the Articles 4 to 13 of that Regulation. As the Guidelines do not contain any specific provisions for this type of aid, the scheme is to be assessed by reference to the provisions laid down in that Regulation.

| (26) | As regards the types of measures concerned, in Article 8 of Regulation (EC) No 1595/2004 it is established that aid for investments in the processing and marketing of fishery products shall be regarded compatible with the common market provided that the aid complies with the conditions of Article 13 of, and points 2 and 2(4) of Annex III to Regulation (EC) No 2792/1999, and that the amount of the aid does not exceed, in subsidy equivalent, the total rate of national and Community subsidies fixed by Annex IV to that Regulation. |
| --- | --- |

(26)

As regards the types of measures concerned, in Article 8 of Regulation (EC) No 1595/2004 it is established that aid for investments in the processing and marketing of fishery products shall be regarded compatible with the common market provided that the aid complies with the conditions of Article 13 of, and points 2 and 2(4) of Annex III to Regulation (EC) No 2792/1999, and that the amount of the aid does not exceed, in subsidy equivalent, the total rate of national and Community subsidies fixed by Annex IV to that Regulation.

4.3.   Compatibility

| (27) | Under the scheme aid has been granted to improve fish factories for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. As, according to the provisions provided under the Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999, investment should relate to the constructions and acquisition of building and installation, the acquisition of new equipment, the investment should be considered compatible with those provisions. |
| --- | --- |

(27)

Under the scheme aid has been granted to improve fish factories for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. As, according to the provisions provided under the Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999, investment should relate to the constructions and acquisition of building and installation, the acquisition of new equipment, the investment should be considered compatible with those provisions.

| (28) | Aid has been granted to a maximum of 20 % as direct grant or as interest. According to the rules applicable may be granted up to 60 % of eligible cost, thus also the rate of aid is compatible with the conditions established in the respective Guidelines applicable at the time the aid was granted. |
| --- | --- |

(28)

Aid has been granted to a maximum of 20 % as direct grant or as interest. According to the rules applicable may be granted up to 60 % of eligible cost, thus also the rate of aid is compatible with the conditions established in the respective Guidelines applicable at the time the aid was granted.

| (29) | However, investments for processing and marketing of fishery and aquaculture products intended to be used and processed for purposes other than human consumption are not eligible. As pointed out in point 13 of this decision, the authorities of the United Kingdom have confirmed that under the scheme such aid has been granted in one occasion, with a total of GBP 93 600. This aid thus seems to be incompatible with the conditions. |
| --- | --- |

(29)

However, investments for processing and marketing of fishery and aquaculture products intended to be used and processed for purposes other than human consumption are not eligible. As pointed out in point 13 of this decision, the authorities of the United Kingdom have confirmed that under the scheme such aid has been granted in one occasion, with a total of GBP 93 600. This aid thus seems to be incompatible with the conditions.

| (30) | Therefore, at this stage, the Commission considers that, as far as it concerns the aid referred to on point 13 and 25, the conditions of the respective Guidelines for the examination of State aid to fisheries and aquaculture seem not to have not been complied with. |
| --- | --- |

(30)

Therefore, at this stage, the Commission considers that, as far as it concerns the aid referred to on point 13 and 25, the conditions of the respective Guidelines for the examination of State aid to fisheries and aquaculture seem not to have not been complied with.

| (31) | The comments made by the United Kingdom that the principle of legitimate expectation would apply to this situation, just as was done in cases 2003/612/EC (11) and C(2005)4649final, are for the issue of compatibility of the aid of no relevance. This would however be of relevance with regard to the question whether or not the aid would have to be recovered from the final recipient and thus would will only need to be further assessed in a final negative decision would proceed. |
| --- | --- |

(31)

The comments made by the United Kingdom that the principle of legitimate expectation would apply to this situation, just as was done in cases 2003/612/EC (11) and C(2005)4649final, are for the issue of compatibility of the aid of no relevance. This would however be of relevance with regard to the question whether or not the aid would have to be recovered from the final recipient and thus would will only need to be further assessed in a final negative decision would proceed.

| (32) | All other aid granted under the scheme is considered to be compatible with the conditions of the Guidelines in force at the time the aid was granted and thus regarded compatible with the common market. |
| --- | --- |

(32)

All other aid granted under the scheme is considered to be compatible with the conditions of the Guidelines in force at the time the aid was granted and thus regarded compatible with the common market.

5.   DECISION

| (33) | In view of the foregoing analysis the Commission has decided not to raise any objections to this aid scheme, with the exception of the aid granted for investments for processing and marketing of fishery and aquaculture products intended to be used and processed for purposes other than human consumption. |
| --- | --- |

(33)

In view of the foregoing analysis the Commission has decided not to raise any objections to this aid scheme, with the exception of the aid granted for investments for processing and marketing of fishery and aquaculture products intended to be used and processed for purposes other than human consumption.

| (34) | The Commission observes that, as far as it concerns this aid for investments for processing and marketing of fishery and aquaculture products intended to be used and processed for purposes other than human consumption, there exist, at this stage of the preliminary examination, as provided for by Article 6 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty, serious doubts on the compatibility of this aid with the Guidelines for the examination of State aid to Fisheries and aquaculture and, therefore, with the EC Treaty. |
| --- | --- |

(34)

The Commission observes that, as far as it concerns this aid for investments for processing and marketing of fishery and aquaculture products intended to be used and processed for purposes other than human consumption, there exist, at this stage of the preliminary examination, as provided for by Article 6 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty, serious doubts on the compatibility of this aid with the Guidelines for the examination of State aid to Fisheries and aquaculture and, therefore, with the EC Treaty.

| (35) | In the light of the foregoing conditions, the Commission, acting under the procedure laid down in Article 88 (2) of the EC Treaty and Article 6 of Regulation (EC) No 659/1999, requests the United Kingdom of Great Britain and Northern Ireland to submit its comments and to provide all such information as may help to assess the aid, within one month of the date of receipt of this letter. It requests your authorities to forward a copy of this letter to the recipients of the aid immediately. |
| --- | --- |

(35)

In the light of the foregoing conditions, the Commission, acting under the procedure laid down in Article 88 (2) of the EC Treaty and Article 6 of Regulation (EC) No 659/1999, requests the United Kingdom of Great Britain and Northern Ireland to submit its comments and to provide all such information as may help to assess the aid, within one month of the date of receipt of this letter. It requests your authorities to forward a copy of this letter to the recipients of the aid immediately.

| (36) | The Commission wishes to remind the United Kingdom of Great Britain and Northern Ireland that Article 88 (3) of the EC Treaty has suspensory effect and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which provides that all unlawful aid may be recovered from the recipient. |
| --- | --- |

(36)

The Commission wishes to remind the United Kingdom of Great Britain and Northern Ireland that Article 88 (3) of the EC Treaty has suspensory effect and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which provides that all unlawful aid may be recovered from the recipient.

| (37) | The Commission warns the United Kingdom of Great Britain and Northern Ireland that it will inform interested parties by publishing this letter and a meaningful summary of it in the Official Journal of the European Union. It will also inform interested parties in the EFTA countries which are signatories to the EEA Agreement, by publication of a notice in the EEA Supplement to the Official Journal of the European Union and will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited to submit their comments within one month of the date of such publication.’ |
| --- | --- |

(37)

The Commission warns the United Kingdom of Great Britain and Northern Ireland that it will inform interested parties by publishing this letter and a meaningful summary of it in the Official Journal of the European Union. It will also inform interested parties in the EFTA countries which are signatories to the EEA Agreement, by publication of a notice in the EEA Supplement to the Official Journal of the European Union and will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited to submit their comments within one month of the date of such publication.’

---

(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

1

(2)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p.5.

2

(3)  OJ C 211, 21.8.2003, p. 63.

3

(4)  Commission decision of 7 December 2005, notified to the authorities of the United Kingdom on 8 December 2005, to be published in the Official Journal, C series.

4

(5)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

5

(6)  OJ C 229, 14.9.2004, p. 5

6

(7)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p. 5.

7

(8)  Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and the marketing of its products, OJ L 346, 31.12.1993, p. 1.

8

(9)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector OJ L 337, 30.12.1999, p. 10, as last amended by Regulation (EC) No 485/2005, OJ L 81, 30.3.2005, p. 1.

9

(10)  Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and mediums-sized enterprises active in the production, processing and marketing of fisheries products, OJ L 291, 14.9.2004, p. 3.

10

(11)  OJ C 211, 21.8.2003, p. 63.

11

---

| 28.11.2006 | EN | Official Journal of the European Union | C 289/15 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/15

---

Notice of initiation of a review of the extension of the antidumping duty imposed on imports of bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China

(2006/C 289/04)

The Commission has at its disposal sufficient evidence to initiate a review pursuant to Article 13(4) and 11(3) 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 2117/2005 (2).

1.   Product

The product under review is essential bicycle parts:

| — | painted or anodized or polished and/or lacquered bicycle frames, currently classifiable within CN code ex 8714 91 10, |
| --- | --- |

—

painted or anodized or polished and/or lacquered bicycle frames, currently classifiable within CN code ex 8714 91 10,

| — | painted or anodized or polished and/or lacquered bicycle front forks, currently classifiable within CN code ex 8714 91 30, |
| --- | --- |

—

painted or anodized or polished and/or lacquered bicycle front forks, currently classifiable within CN code ex 8714 91 30,

| — | derailleur gears, currently classifiable within CN code 8714 99 50, |
| --- | --- |

—

derailleur gears, currently classifiable within CN code 8714 99 50,

| — | crank-gear, currently classifiable within CN code 8714 96 30, |
| --- | --- |

—

crank-gear, currently classifiable within CN code 8714 96 30,

| — | free-wheel sprocket-wheels, currently classifiable within CN code 8714 93 90, whether or not presented in sets, |
| --- | --- |

—

free-wheel sprocket-wheels, currently classifiable within CN code 8714 93 90, whether or not presented in sets,

| — | other brakes, currently classifiable within CN code 8714 94 30, |
| --- | --- |

—

other brakes, currently classifiable within CN code 8714 94 30,

| — | brake levers, currently classifiable within CN code ex 8714 94 90, whether or not presented in sets, |
| --- | --- |

—

brake levers, currently classifiable within CN code ex 8714 94 90, whether or not presented in sets,

| — | complete wheels with or without tubes, tyres and sprockets, currently classifiable within CN code ex 8714 99 90, and |
| --- | --- |

—

complete wheels with or without tubes, tyres and sprockets, currently classifiable within CN code ex 8714 99 90, and

| — | handlebars, currently classifiable within CN code 8714 99 10, whether or not presented with a stem, brake and/or gear levers attached, |
| --- | --- |

—

handlebars, currently classifiable within CN code 8714 99 10, whether or not presented with a stem, brake and/or gear levers attached,

originating in the People's Republic of China (‘the product concerned’). The above mentioned CN codes are only given for information.

2.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 (3) and maintained by Regulation (EC) 1524/2000 (4) on imports of bicycles originating in the People's Republic of China (‘PRC’), as extended by Council Regulation (EC) No 71/97 (5) to imports of certain bicycle parts from the PRC.

The extension of the measures to imports of certain bicycle parts from the PRC resulted from an investigation into the alleged circumvention of the anti-dumping duties imposed by Regulation (EEC) No 2474/93 through the assembly of bicycles, using bicycle parts originating in the PRC, in the Community. The investigation found that circumvention was taking place and the measures imposed on imports of bicycles from the PRC were extended to imports of parts from that country (‘the extended measures’).

3.   Grounds for the review

Since the extension of the measures to imports of certain bicycle parts, the Commission has granted requests for exemption from the extended measures to a large number of companies based in the Community. The Commission has continued to receive requests for an exemption from the extended measures and the current number of parties requesting an exemption is significant. At the same time there are no apparent indications of circumvention practices by companies having been granted an exemption.

Furthermore, the Commission has at its disposal sufficient prima facie evidence that if the extension of the measures on imports of bicycles to imports of certain bicycle parts was removed, there would be no continuation or recurrence of circumvention practices.

4.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a review of the extension of the measures to imports of certain bicycle parts, the Commission hereby initiates a review in accordance with Article 13(4) and 11(3) of the basic Regulation.

The investigation will assess the need for the continuation of the extension of the anti-dumping duty imposed on bicycles originating in the PRC to imports of certain bicycle parts from the PRC.

(a)   Sampling

(i)   Sampling for Community producers/assemblers of bicycles

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

In order to enable the Commission to select a sample, all Community producers/assemblers (6) of bicycles are hereby requested to provide the following information on their company or companies within the time limit set in point 5(b)(i):

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

—

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

| — | the total turnover in EUR of the company for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the total turnover in EUR of the company for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the turnover in EUR of the company for sales of all bicycles on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the turnover in EUR of the company for sales of all bicycles on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the turnover in EUR of the company for sales of bicycles assembled in-house in the Community and sold on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the turnover in EUR of the company for sales of bicycles assembled in-house in the Community and sold on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the turnover in EUR of the company for sales of bicycles parts on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the turnover in EUR of the company for sales of bicycles parts on the Community market for the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the volume in units of all bicycles sold on the Community market during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the volume in units of all bicycles sold on the Community market during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the volume in units of bicycles assembled in-house in the Community during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the volume in units of bicycles assembled in-house in the Community during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the total cost in EUR of bicycle parts produced by the company during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the total cost in EUR of bicycle parts produced by the company during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the total value in EUR of bicycle parts of Chinese origin imported or purchased by the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the total value in EUR of bicycle parts of Chinese origin imported or purchased by the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006,

| — | the total value in EUR of bicycle parts of non-Chinese origin imported or purchased by the company during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the total value in EUR of bicycle parts of non-Chinese origin imported or purchased by the company during the calendar years 2003, 2004, 2005 and for the period from 1st October 2005 to 30 September 2006,

| — | the volume of units of essential bicycle parts as listed in section 1 used in the assembly operations of the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the volume of units of essential bicycle parts as listed in section 1 used in the assembly operations of the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006,

| — | the total direct manufacturing costs in EUR for the bicycles produced/assembled (direct labour and manufacturing overheads) by the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006, |
| --- | --- |

—

the total direct manufacturing costs in EUR for the bicycles produced/assembled (direct labour and manufacturing overheads) by the company during the calendar years 2003, 2004, 2005, and for the period from 1st October 2005 to 30 September 2006,

| — | the names and the precise activities of all related companies (7) involved in the production and/or selling of bicycles and of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (7) involved in the production and/or selling of bicycles and of the product concerned,

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

—

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

| — | by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 7 below. |
| --- | --- |

—

by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 7 below.

(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 5(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 5(b)(iii) and must cooperate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 7.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community producers/assemblers of bicycles in the Community. This information and supporting evidence should reach the Commission within the time limit set in point 5(b)(iii).

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a)(i).

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 5(a)(ii).

5.   Time limits

(a)   General time limits

(i)   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).

(ii)   Hearings

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

(b)   Specific time limit in respect of sampling

| (i) | The information specified in point 4(a)(i) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in point 4(a)(i) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in 4(a)(ii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in 4(a)(ii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

6.   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 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’ (8) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 — 5/16 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 — 5/16

B-1049 Brussels

Fax (32-2) 295 65 05

7.   Non-co-operation

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, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

In cases in which exempted parties or parties under examination do not provide the information requested in points 4(a)(i) and, as appropriate, 5(a)(i) above within the time limits, the provisions of Article 10 of Commission Regulation (EC) No 88/97 of 20 January 1997 (9) regarding the revocation of an exemption and the provisions of Article 7(4) of the same Regulation may apply to them respectively.

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

8.   Schedule of the investigation

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

---

(1)  OJ L 56, 6.3.1996, p. 1.

(2)  OJ L 340, 23.12.2005, p. 17.

(3)  OJ L 228, 9.9.1993, p. 1.

(4)  OJ L 175, 14.7.2000, p. 39. Regulation as amended by Council Regulation (EC) No 1095/2005 (OJ L 183, 14.7.2005, p. 1).

(5)  OJ L 16, 18.1.1997, p. 55

(6)  All parties that have been exempted pursuant to Commission Regulation (EC) No 88/97 of 20 January 1997 (OJ L 17 of 21.1.1997, p. 17) as well as parties under examination pursuant to the same Regulation, are required to provide this information.

(7)  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).

(8)  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).

(9)  OJ L 17, 21.1.1997, p. 17.

---

| 28.11.2006 | EN | Official Journal of the European Union | C 289/19 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/19

---

Prior notification of a concentration

(Case COMP/M.4478 — KKR/Goldman Sachs/Kion)

(2006/C 289/05)

(Text with EEA relevance)

| 1. | On 17 November 2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Kohlberg Kravis Roberts & Co. L.P. (‘KKR’, USA) and The Goldman Sachs Group Inc (‘Goldman Sachs’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Kion Group (‘Kion’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 17 November 2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Kohlberg Kravis Roberts & Co. L.P. (‘KKR’, USA) and The Goldman Sachs Group Inc (‘Goldman Sachs’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Kion Group (‘Kion’, Germany) by way of purchase of shares.

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






  — | KKR: private equity, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

KKR: private equity,

| — | Goldman Sachs: investment banking, |
| --- | --- |

—

Goldman Sachs: investment banking,

| — | Kion: folk-lift trucks and materials handling equipment. |
| --- | --- |

—

Kion: folk-lift trucks and materials handling equipment.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4478 — KKR/Goldman Sachs/Kion to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4478 — KKR/Goldman Sachs/Kion to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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| 28.11.2006 | EN | Official Journal of the European Union | C 289/20 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/20

---

Prior notification of a concentration

(Case COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV)

Candidate case for simplified procedure

(2006/C 289/06)

(Text with EEA relevance)

| 1. | On 17 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Arcadis Infra B.V. (‘Arcadis’, The Netherlands), Dura Vermeer Railinfra B.V. (‘Dura Vermeer’, The Netherlands) and Imtech Infra B.V. (‘Imtech’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Asset Rail B.V. (‘Asset Rail’, The Netherlands) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 17 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Arcadis Infra B.V. (‘Arcadis’, The Netherlands), Dura Vermeer Railinfra B.V. (‘Dura Vermeer’, The Netherlands) and Imtech Infra B.V. (‘Imtech’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Asset Rail B.V. (‘Asset Rail’, The Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for Arcadis: project management, consulting and engineering services with regard to infrastructure, buildings, environment and communication; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Arcadis: project management, consulting and engineering services with regard to infrastructure, buildings, environment and communication;

| — | for Dura Vermeer: project development and housing, commercial and industrial building and infrastructure; |
| --- | --- |

—

for Dura Vermeer: project development and housing, commercial and industrial building and infrastructure;

| — | for Imtech: electric and mechanical technical services and ICT; |
| --- | --- |

—

for Imtech: electric and mechanical technical services and ICT;

| — | for Asset Rail: maintenance of railway infrastructure in the Netherlands. |
| --- | --- |

—

for Asset Rail: maintenance of railway infrastructure in the Netherlands.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3958 — Arcadis/Dura Vermeer/Imtech/Asset Rail/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

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| 28.11.2006 | EN | Official Journal of the European Union | C 289/21 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/21

---

Prior notification of a concentration

(Case COMP/M.4427 — SHV/Mammoet)

Candidate case for simplified procedure

(2006/C 289/07)

(Text with EEA relevance)

| 1. | On 17 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004, by which SHV Holdings (‘SHV’, Netherlands) acquires, within the meaning of Article 3(1) (b) of the Council Regulation, sole control of Mammoet Holding B.V. (‘Mammoet’) by way of purchase of shares. |
| --- | --- |

1.

On 17 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004, by which SHV Holdings (‘SHV’, Netherlands) acquires, within the meaning of Article 3(1) (b) of the Council Regulation, sole control of Mammoet Holding B.V. (‘Mammoet’) by way of purchase of shares.

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






  — | for SHV: distribution of liquefied petroleum gas, consumer articles, and raw materials; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for SHV: distribution of liquefied petroleum gas, consumer articles, and raw materials;

| — | for Mammoet: heavy lifting operations and road transport. |
| --- | --- |

—

for Mammoet: heavy lifting operations and road transport.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4427 — SHV/Mammoet to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4427 — SHV/Mammoet to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

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| 28.11.2006 | EN | Official Journal of the European Union | C 289/22 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/22

---

Prior notification of a concentration

(Case COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets)

(2006/C 289/08)

(Text with EEA relevance)

| 1. | On 20 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Basell Polyolefine GmbH (‘Basell’, Germany) owned by AI International S.à.r.l. (Luxembourg) a member of the Access Industries group (‘Access Industries’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of a cracker facility based in Münchsmünster, Germany, together with certain other associated assets (‘Münchsmünster Cracker’, Germany) by way of purchase of assets. |
| --- | --- |

1.

On 20 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Basell Polyolefine GmbH (‘Basell’, Germany) owned by AI International S.à.r.l. (Luxembourg) a member of the Access Industries group (‘Access Industries’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of a cracker facility based in Münchsmünster, Germany, together with certain other associated assets (‘Münchsmünster Cracker’, Germany) by way of purchase of assets.

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






  — | for Basell: manufacture and sale of olefins, polyolefins and related products; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Basell: manufacture and sale of olefins, polyolefins and related products;

| — | for Access: group of holding companies with interests in the oil (including TNK-BP, Slavneft), coal, aluminium, power and telecommunication sectors; |
| --- | --- |

—

for Access: group of holding companies with interests in the oil (including TNK-BP, Slavneft), coal, aluminium, power and telecommunication sectors;

| — | for Münchsmünster Cracker: a steam cracking facility located in Münchsmünster, Bavaria, producing olefins such as ethylene and propylene, which are used as feedstocks for the petrochemical industry. |
| --- | --- |

—

for Münchsmünster Cracker: a steam cracking facility located in Münchsmünster, Bavaria, producing olefins such as ethylene and propylene, which are used as feedstocks for the petrochemical industry.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4401 — Basell/Münchsmünster Cracker and associated assets, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---

| 28.11.2006 | EN | Official Journal of the European Union | C 289/23 |
| --- | --- | --- | --- |

28.11.2006

EN

Official Journal of the European Union

C 289/23

---

New composition of the European Consumer Consultative Group

(2006/C 289/09)

The European Consumer Consultative Group was set up by Commission Decision 2003/709/EC of 9 October 2003 (1)

By Decision of 14 November 2006, the Commission appointed the following as members and alternates of the Group for the three-year term of office:

| Members | Alternates |
| --- | --- |
| Mr Harald GLATZ (AT) | Dr Christine WEBER (AT) |
| To be advised (BE) | To be advised (BE) |
| Mr Petros MARKOU (CY) | Mr Athos TSINONTIDES (CY) |
| Mr Karel PAVLÍK (CZ) | Mr Jiří VILÍMOVSKÝ (CZ) |
| Ms Anne-Lore KÖHNE (DE) | Mr Carl-Heinz MORITZ (DE) |
| Ms Benedicte FEDERSPIEL (DK) | Mr Rasmus KJELDAHL (DK) |
| Ms Linda LÄÄNESAAR (EE) | Mr Enn-Toivo ANNUK (EE) |
| Mr Konstantinos DAGOS (EL) | AndromachiDELIKOSTOPOULOU(EL) |
| Ms Conchy MARTIN REY (ES) | Mr Eugenio RIBÓN SEISDEDOS (ES) |
| Ms Sinikka TURUNEN (FI) | Ms Gun WINTER (FI) |
| Mr Daniel FOUNDOULIS (FR) | Mr Emmanuel RODRIGUEZ (FR) |
| Mr György BARANOVSZKY (HU) | Mr István GARAI (HU) |
| Mr Dermott JEWELL (IE) | Mr Michael KILCOYNE (IE) |
| Ms Anna BARTOLINI (IT) | Dr Massimiliano DONA (IT) |
| Ms Ruta BRAZAUSKIENE (LT) | Mr Rimantas ZABARAUSKAS (LT) |
| Mr Mario CASTEGNARO (LU) | Mr Bob SCHMITZ (LU) |
| Ms Silvija VĪKSNIŅA (LV) | Mr Janis PENKA (LV) |
| Mr Benny BORG BONELLO (MT) | Dr Paul E MICALLEF (MT) |
| Ms Klaske de JONGE (NL) | Mr Rogier KLIMBIE (NL) |
| Ms Małgorzata NIEPOKULCZYCKA (PL) | Ms Anna GUT (PL) |
| Ms Patricia Cruz GOMES GAMITO (PT) | Ms Anna Margarida Godinho NUÑEZ DA SILVA MOURA (PT) |
| Mr Jens HENRIKSSON (SE) | Ms Inger PERSSON(SE) |
| Ms Breda KUTIN (SI) | Ms Živa DROL NOVAK (SI) |
| Ms Božena STAŠENKOVÁ (SK) | Mr Miroslav TULÁK (SK) |
| Mr Nick STACE (UK) | Ms Barbara SAUNDERS (UK) |
| Ms Gottlobe FABISCH (ANEC) | Ms Nina KLEMOLA (ANEC) |
| Mr Jim MURRAY (BEUC) | Ms Willemien BAX (BEUC) |

Members

Alternates

Mr Harald GLATZ (AT)

Dr Christine WEBER (AT)

To be advised (BE)

To be advised (BE)

Mr Petros MARKOU (CY)

Mr Athos TSINONTIDES (CY)

Mr Karel PAVLÍK (CZ)

Mr Jiří VILÍMOVSKÝ (CZ)

Ms Anne-Lore KÖHNE (DE)

Mr Carl-Heinz MORITZ (DE)

Ms Benedicte FEDERSPIEL (DK)

Mr Rasmus KJELDAHL (DK)

Ms Linda LÄÄNESAAR (EE)

Mr Enn-Toivo ANNUK (EE)

Mr Konstantinos DAGOS (EL)

AndromachiDELIKOSTOPOULOU(EL)

Ms Conchy MARTIN REY (ES)

Mr Eugenio RIBÓN SEISDEDOS (ES)

Ms Sinikka TURUNEN (FI)

Ms Gun WINTER (FI)

Mr Daniel FOUNDOULIS (FR)

Mr Emmanuel RODRIGUEZ (FR)

Mr György BARANOVSZKY (HU)

Mr István GARAI (HU)

Mr Dermott JEWELL (IE)

Mr Michael KILCOYNE (IE)

Ms Anna BARTOLINI (IT)

Dr Massimiliano DONA (IT)

Ms Ruta BRAZAUSKIENE (LT)

Mr Rimantas ZABARAUSKAS (LT)

Mr Mario CASTEGNARO (LU)

Mr Bob SCHMITZ (LU)

Ms Silvija VĪKSNIŅA (LV)

Mr Janis PENKA (LV)

Mr Benny BORG BONELLO (MT)

Dr Paul E MICALLEF (MT)

Ms Klaske de JONGE (NL)

Mr Rogier KLIMBIE (NL)

Ms Małgorzata NIEPOKULCZYCKA (PL)

Ms Anna GUT (PL)

Ms Patricia Cruz GOMES GAMITO (PT)

Ms Anna Margarida Godinho NUÑEZ DA SILVA MOURA (PT)

Mr Jens HENRIKSSON (SE)

Ms Inger PERSSON(SE)

Ms Breda KUTIN (SI)

Ms Živa DROL NOVAK (SI)

Ms Božena STAŠENKOVÁ (SK)

Mr Miroslav TULÁK (SK)

Mr Nick STACE (UK)

Ms Barbara SAUNDERS (UK)

Ms Gottlobe FABISCH (ANEC)

Ms Nina KLEMOLA (ANEC)

Mr Jim MURRAY (BEUC)

Ms Willemien BAX (BEUC)

---

(1)  OJ L 258, 10.10.2003, p. 35.

---