# Official Journal C 194/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.194.eng |
| --- | --- |
| Official Journal
  of the European Union | C 194 |
| | |
| English edition | Information and Notices | Volume 5218 August 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.194.eng

Official Journal

of the European Union

C 194

English edition

Information and Notices

Volume 5218 August 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 194/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 1 |
| 2009/C 194/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 5 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 194/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

1

2009/C 194/02

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

5

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 194/03 | Euro exchange rates | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 194/03

Euro exchange rates

8

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 194/04 | Notice of Initiation of an expiry review of the anti-dumping measures applicable to imports of polyethylene terephthalate originating in the People's Republic of China | 9 |
| 2009/C 194/05 | Communication from the French government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for a licence to prospect for oil and gas, designated the Permis de Pontarlier)
   (
  1
  ) | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 194/06 | Prior notification of a concentration (Case COMP/M.5614 — Sanofi-Aventis/Merial) — Candidate case for simplified procedure (
  1
  ) | 16 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 194/04

Notice of Initiation of an expiry review of the anti-dumping measures applicable to imports of polyethylene terephthalate originating in the People's Republic of China

9

2009/C 194/05

Communication from the French government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding an application for a licence to prospect for oil and gas, designated the Permis de Pontarlier)
   (
  1
  )

(Notice regarding an application for a licence to prospect for oil and gas, designated the Permis de Pontarlier)

1

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 194/06

Prior notification of a concentration (Case COMP/M.5614 — Sanofi-Aventis/Merial) — Candidate case for simplified procedure (
  1
  )

1

16

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 18.8.2009 | EN | Official Journal of the European Union | C 194/1 |
| --- | --- | --- | --- |

18.8.2009

EN

Official Journal of the European Union

C 194/1

---

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

Cases where the Commission raises no objections

2009/C 194/01

| Date of adoption of the decision | 22.6.2009 |
| --- | --- |
| Reference number of State Aid | N 300/08 |
| Member State | Latvia |
| Region | — |
| Title (and/or name of the beneficiary) | Atbalsts zinātnes pētijumiem lauksaimniecībā un mežsaimniecībā |
| Legal basis | 2008. gada 22. janvāra Ministru kabineta noteikumi Nr. 41 “Noteikumi par valsts atbalstu lauksaimniecībai 2008. gadā un tā piešķiršanas kārtību”;
  2007. gada 2. janvāra noteikumi Nr. 5 “Noteikumi par institūciju un komercsabiedrību specializāciju lauksaimniecības augu sugu ģenētisko resursu kolekcionēšanā, saglabāšanā, raksturošanā, izvērtēšanā un izmantošanā”;
  2008. gada 11. februāra Ministru kabineta noteikumi Nr. 97 “Valsts atbalsta piešķiršanas kārtība meža nozares attīstībai 2008. gadā” |
| Type of measure | Aid scheme |
| Objective | Support for research and development activities concerning products listed in Annex I to the EC Treaty |
| Form of aid | Direct grants |
| Budget | Overall budget LVL 32 160 000 (around EUR 45 759 820) |
| Intensity | up to 100 % |
| Duration (period) | Until 30.12.2013 |
| Economic sectors | Agricultural sector |
| Name and address of the granting authority | Lauku Atbalsta Dienests |
| Respublikas laukums 2 |
| Rīga, LV-1981 |
| LATVIJA |

Date of adoption of the decision

22.6.2009

Reference number of State Aid

N 300/08

Member State

Latvia

Region

—

Title (and/or name of the beneficiary)

Atbalsts zinātnes pētijumiem lauksaimniecībā un mežsaimniecībā

Legal basis

2008. gada 22. janvāra Ministru kabineta noteikumi Nr. 41 “Noteikumi par valsts atbalstu lauksaimniecībai 2008. gadā un tā piešķiršanas kārtību”;

2007. gada 2. janvāra noteikumi Nr. 5 “Noteikumi par institūciju un komercsabiedrību specializāciju lauksaimniecības augu sugu ģenētisko resursu kolekcionēšanā, saglabāšanā, raksturošanā, izvērtēšanā un izmantošanā”;

2008. gada 11. februāra Ministru kabineta noteikumi Nr. 97 “Valsts atbalsta piešķiršanas kārtība meža nozares attīstībai 2008. gadā”

Type of measure

Aid scheme

Objective

Support for research and development activities concerning products listed in Annex I to the EC Treaty

Form of aid

Direct grants

Budget

Overall budget LVL 32 160 000 (around EUR 45 759 820)

Intensity

up to 100 %

Duration (period)

Until 30.12.2013

Economic sectors

Agricultural sector

Name and address of the granting authority

Lauku Atbalsta Dienests

Respublikas laukums 2

Rīga, LV-1981

LATVIJA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 13.7.2009 |
| --- | --- |
| Reference number of State Aid | N 377/08 |
| Member State | Italy |
| Region | Sardegna |
| Title (and/or name of the beneficiary) | Regime di aiuto relativo ad attività di promozione e pubblicità istituzionale dei prodotti agri-alimentari (Sardegna) |
| Legal basis | Deliberazione della Giunta Regionale n. 40/08 del 22 luglio 2008 e Allegato;
  Legge Regionale n. 3 del 5 marzo 2008, articolo 7 comma 14 (Legge Finanziaria Regionale 2008) |
| Type of measure | Scheme |
| Objective | The aid measure is intended to encourage the promotion and advertising of agri-food products |
| Form of aid | Grants |
| Budget | EUR 5 million |
| Intensity | Maximum 100 % (promotion with institutional participation); maximum 50 % (promotion with collective participation of businesses); maximum 50 % (advertising within the EU); maximum 80 % (advertising outside the EU) |
| Duration (period) | The scheme will apply from the time it is approved by the Commission until 31 December 2013 |
| Economic sectors | Agriculture |
| Name and address of the granting authority | Regione Sardegna |
| Assessorato all′Agricoltura |
| Via Pessagno 4 |
| 09126 Cagliari CA |
| ITALIA |

Date of adoption of the decision

13.7.2009

Reference number of State Aid

N 377/08

Member State

Italy

Region

Sardegna

Title (and/or name of the beneficiary)

Regime di aiuto relativo ad attività di promozione e pubblicità istituzionale dei prodotti agri-alimentari (Sardegna)

Legal basis

Deliberazione della Giunta Regionale n. 40/08 del 22 luglio 2008 e Allegato;

Legge Regionale n. 3 del 5 marzo 2008, articolo 7 comma 14 (Legge Finanziaria Regionale 2008)

Type of measure

Scheme

Objective

The aid measure is intended to encourage the promotion and advertising of agri-food products

Form of aid

Grants

Budget

EUR 5 million

Intensity

Maximum 100 % (promotion with institutional participation); maximum 50 % (promotion with collective participation of businesses); maximum 50 % (advertising within the EU); maximum 80 % (advertising outside the EU)

Duration (period)

The scheme will apply from the time it is approved by the Commission until 31 December 2013

Economic sectors

Agriculture

Name and address of the granting authority

Regione Sardegna

Assessorato all′Agricoltura

Via Pessagno 4

09126 Cagliari CA

ITALIA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 13.7.2009 |
| --- | --- |
| Reference number of State Aid | N 35/09 |
| Member State | Hungary |
| Region | — |
| Title (and/or name of the beneficiary) | Módszertan a Garantiqa Hitelgarancia Zrt. által az agrárágazatban nyújtott állami kezességvállalások támogatástartalmának kiszámításához |
| Legal basis | — |
| Type of measure | Aid scheme |
| Objective | Methodology to calculate the aid element in agricultural and fisheries guarantees |
| Form of aid | Guarantee |
| Budget | — |
| Intensity | — |
| Duration (period) | 31.12.2013 |
| Economic sectors | Agriculture |
| Name and address of the granting authority | Földművelésügyi és Vidékfejlesztési Minisztérium |
| Budapest |
| Kossuth Lajos tér 11. |
| 1055 |
| MAGYARORSZÁG/HUNGARY |

Date of adoption of the decision

13.7.2009

Reference number of State Aid

N 35/09

Member State

Hungary

Region

—

Title (and/or name of the beneficiary)

Módszertan a Garantiqa Hitelgarancia Zrt. által az agrárágazatban nyújtott állami kezességvállalások támogatástartalmának kiszámításához

Legal basis

—

Type of measure

Aid scheme

Objective

Methodology to calculate the aid element in agricultural and fisheries guarantees

Form of aid

Guarantee

Budget

—

Intensity

—

Duration (period)

31.12.2013

Economic sectors

Agriculture

Name and address of the granting authority

Földművelésügyi és Vidékfejlesztési Minisztérium

Budapest

Kossuth Lajos tér 11.

1055

MAGYARORSZÁG/HUNGARY

Other information

(in particular, commitments by the Member State and/or obligation to provide the Commission with a report on implementation)

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 7.7.2009 |
| --- | --- |
| Reference number of State Aid | N 202/09 |
| Member State | Italy |
| Region | Bolzano |
| Title (and/or name of the beneficiary) | Investimenti nella trasformazione e nella commercializzazione dei prodotti agricoli |
| Legal basis | Legge provinciale 14 dicembre 1998, n. 11, e successive modifiche |
| Type of measure | Aid scheme |
| Objective | Investment in connection with the processing and marketing of agricultural products |
| Form of aid | Direct grant |
| Budget | EUR 20 000 000 |
| Intensity | 20 % |
| Duration (period) | 2010-2013 |
| Economic sectors | Agricultural sector |
| Name and address of the granting authority | Provincia autonoma di Bolzano |
| Ripartizione provinciale agricoltura |
| Via Brennero 6 |
| 39100 Bolzano BZ |
| ITALIA |

Date of adoption of the decision

7.7.2009

Reference number of State Aid

N 202/09

Member State

Italy

Region

Bolzano

Title (and/or name of the beneficiary)

Investimenti nella trasformazione e nella commercializzazione dei prodotti agricoli

Legal basis

Legge provinciale 14 dicembre 1998, n. 11, e successive modifiche

Type of measure

Aid scheme

Objective

Investment in connection with the processing and marketing of agricultural products

Form of aid

Direct grant

Budget

EUR 20 000 000

Intensity

20 %

Duration (period)

2010-2013

Economic sectors

Agricultural sector

Name and address of the granting authority

Provincia autonoma di Bolzano

Ripartizione provinciale agricoltura

Via Brennero 6

39100 Bolzano BZ

ITALIA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 2.7.2009 |
| --- | --- |
| Reference number of State Aid | N 325/09 |
| Member State | Czech Republic |
| Region | Ústecký |
| Title (and/or name of the beneficiary) | Hospodaření v lesích v Ústeckém kraji |
| Legal basis | Zákon č. 129/2000 Sb., o krajích.
  Program poskytování podpor na hospodaření v lesích v Ústeckém kraji 2007–2009 |
| Type of measure | Scheme |
| Objective | Forestry |
| Form of aid | Grant |
| Budget | Total: CZK 100 Mio (approximately EUR 3,76 Mio)
  Annual: CZK 25 Mio (approximately EUR 940 000) |
| Intensity | Variable. Up to 86 % of eligible expenses. |
| Duration (period) | Extension from 1 January 2010 till 31 December 2013 |
| Economic sectors | Forestry |
| Name and address of the granting authority | Krajský úřad Ústeckého kraje |
| Velká Hradební 48 |
| 400 02 Ústí nad Labem |
| ČESKÁ REPUBLIKA |

Date of adoption of the decision

2.7.2009

Reference number of State Aid

N 325/09

Member State

Czech Republic

Region

Ústecký

Title (and/or name of the beneficiary)

Hospodaření v lesích v Ústeckém kraji

Legal basis

Zákon č. 129/2000 Sb., o krajích.

Program poskytování podpor na hospodaření v lesích v Ústeckém kraji 2007–2009

Type of measure

Scheme

Objective

Forestry

Form of aid

Grant

Budget

Total: CZK 100 Mio (approximately EUR 3,76 Mio)

Annual: CZK 25 Mio (approximately EUR 940 000)

Intensity

Variable. Up to 86 % of eligible expenses.

Duration (period)

Extension from 1 January 2010 till 31 December 2013

Economic sectors

Forestry

Name and address of the granting authority

Krajský úřad Ústeckého kraje

Velká Hradební 48

400 02 Ústí nad Labem

ČESKÁ REPUBLIKA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

---

| 18.8.2009 | EN | Official Journal of the European Union | C 194/5 |
| --- | --- | --- | --- |

18.8.2009

EN

Official Journal of the European Union

C 194/5

---

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

Cases where the Commission raises no objections

2009/C 194/02

| Date of adoption of the decision | 30.4.2009 |
| --- | --- |
| Reference number of State Aid | NN 57/06 |
| Member State | Germany |
| Region | Sachsen |
| Title (and/or name of the beneficiary) | Rettungsbeihilfe zugunsten der OLAF GmbH |
| Legal basis | Bürgschaftsrichtlinien des Freistaates Sachsen für die gewerbliche Wirtschaft und die freien Berufe (Landesbürgschaftsprogramm) in der ergänzenden Fassung vom 12.11.2001 |
| Type of measure | Individual aid |
| Objective | Rescuing a firm in difficulty |
| Form of aid | Guarantee for reimbursable loan |
| Budget | Max. EUR 4 048,8 million |
| Intensity | — |
| Duration (period) | Six months |
| Economic sectors | Agriculture |
| Name and address of the granting authority | Sächsisches Staatsministerium der Finanzen |
| Carolaplatz 1 |
| 01097 Dresden |
| DEUTSCHLAND |

Date of adoption of the decision

30.4.2009

Reference number of State Aid

NN 57/06

Member State

Germany

Region

Sachsen

Title (and/or name of the beneficiary)

Rettungsbeihilfe zugunsten der OLAF GmbH

Legal basis

Bürgschaftsrichtlinien des Freistaates Sachsen für die gewerbliche Wirtschaft und die freien Berufe (Landesbürgschaftsprogramm) in der ergänzenden Fassung vom 12.11.2001

Type of measure

Individual aid

Objective

Rescuing a firm in difficulty

Form of aid

Guarantee for reimbursable loan

Budget

Max. EUR 4 048,8 million

Intensity

—

Duration (period)

Six months

Economic sectors

Agriculture

Name and address of the granting authority

Sächsisches Staatsministerium der Finanzen

Carolaplatz 1

01097 Dresden

DEUTSCHLAND

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 17.4.2009 |
| --- | --- |
| Reference number of State Aid | N 400/08 |
| Member State | Federal Republic of Germany |
| Region | — |
| Title (and/or name of the beneficiary) | F & E ökologischer Landbau |
| Legal basis | Richtlinie zur Durchführung des Programms zur Förderung von Forschungs- und Entwicklungsvorhaben sowie von Maßnahmen zum Technologie- und Wissenstransfer im ökologischen Landbau — Teil A: Vorhaben im Bereich der Erzeugung, Verarbeitung und Vermarktung von Produkten des Anhang I des EG-Vertrags |
| Type of measure | Aid scheme |
| Objective | Research and development in organic farming |
| Form of aid | Grant |
| Budget | EUR 16 000 000 per year |
| Intensity | Maximum 100 % |
| Duration (period) | Until 31.12.2013 |
| Economic sectors | Agriculture and fisheries |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

17.4.2009

Reference number of State Aid

N 400/08

Member State

Federal Republic of Germany

Region

—

Title (and/or name of the beneficiary)

F & E ökologischer Landbau

Legal basis

Richtlinie zur Durchführung des Programms zur Förderung von Forschungs- und Entwicklungsvorhaben sowie von Maßnahmen zum Technologie- und Wissenstransfer im ökologischen Landbau — Teil A: Vorhaben im Bereich der Erzeugung, Verarbeitung und Vermarktung von Produkten des Anhang I des EG-Vertrags

Type of measure

Aid scheme

Objective

Research and development in organic farming

Form of aid

Grant

Budget

EUR 16 000 000 per year

Intensity

Maximum 100 %

Duration (period)

Until 31.12.2013

Economic sectors

Agriculture and fisheries

Name and address of the granting authority

—

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 26.3.2009 |
| --- | --- |
| Reference number of State Aid | N 532/08 |
| Member State | Austria |
| Region | Niederösterreich |
| Title (and/or name of the beneficiary) | Beihilfe zur Behebung von Schäden, die durch Naturkatastrophen verursacht wurden |
| Legal basis | Richtlinien für die Gewährung von Beihilfen zur Behebung von Katastrophenschäden des Landes Niederösterreich. |
| Type of measure | Aid scheme |
| Objective | Compensation for damage due to natural disasters in 2008. |
| Form of aid | Subsidy |
| Budget | Estimated annual budget ca EUR 70 000 |
| Intensity | For damage occurred in 2008 a maximum of 50 % of the eligible damage. |
| Duration (period) | One-off |
| Economic sectors | Annex I |
| Name and address of the granting authority | Amt der Niederösterreichischen Landesregierung |
| Gruppe Land- und Forstwirtschaft- Abteilung Landwirtschaftsförderung |
| Landhausplatz 1 |
| 3109 St. Pölten |
| ÖSTERREICH |

Date of adoption of the decision

26.3.2009

Reference number of State Aid

N 532/08

Member State

Austria

Region

Niederösterreich

Title (and/or name of the beneficiary)

Beihilfe zur Behebung von Schäden, die durch Naturkatastrophen verursacht wurden

Legal basis

Richtlinien für die Gewährung von Beihilfen zur Behebung von Katastrophenschäden des Landes Niederösterreich.

Type of measure

Aid scheme

Objective

Compensation for damage due to natural disasters in 2008.

Form of aid

Subsidy

Budget

Estimated annual budget ca EUR 70 000

Intensity

For damage occurred in 2008 a maximum of 50 % of the eligible damage.

Duration (period)

One-off

Economic sectors

Annex I

Name and address of the granting authority

Amt der Niederösterreichischen Landesregierung

Gruppe Land- und Forstwirtschaft- Abteilung Landwirtschaftsförderung

Landhausplatz 1

3109 St. Pölten

ÖSTERREICH

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 28.5.2009 |
| --- | --- |
| Reference number of State Aid | N 559/08 |
| Member State | Italy |
| Region | Sardinia |
| Title (and/or name of the beneficiary) | Legge quadro riguardante i Consorzi di Bonifica (Sardegna) |
| Legal basis | L.R. 23 maggio 2008 No 6, Legge-Quadro in materia di consorzi di Bonifica |
| Type of measure | Non-aid |
| Objective | Other (Non-aid) |
| Form of aid | — |
| Budget | EUR 97 000 000 |
| Intensity | — |
| Duration (period) | From approval by the Commission until 31 December 2011 |
| Economic sectors | Agricultural sector |
| Name and address of the granting authority | Regione Autonoma Sardegna |
| Assessorato Agricoltura |
| Via Pessagno 4 |
| 09126 Cagliari CA |
| ITALIA |

Date of adoption of the decision

28.5.2009

Reference number of State Aid

N 559/08

Member State

Italy

Region

Sardinia

Title (and/or name of the beneficiary)

Legge quadro riguardante i Consorzi di Bonifica (Sardegna)

Legal basis

L.R. 23 maggio 2008 No 6, Legge-Quadro in materia di consorzi di Bonifica

Type of measure

Non-aid

Objective

Other (Non-aid)

Form of aid

—

Budget

EUR 97 000 000

Intensity

—

Duration (period)

From approval by the Commission until 31 December 2011

Economic sectors

Agricultural sector

Name and address of the granting authority

Regione Autonoma Sardegna

Assessorato Agricoltura

Via Pessagno 4

09126 Cagliari CA

ITALIA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/index.htm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 18.8.2009 | EN | Official Journal of the European Union | C 194/8 |
| --- | --- | --- | --- |

18.8.2009

EN

Official Journal of the European Union

C 194/8

---

Euro exchange rates (1)

17 August 2009

2009/C 194/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4072 |
| JPY | Japanese yen | 132,94 |
| DKK | Danish krone | 7,4435 |
| GBP | Pound sterling | 0,86290 |
| SEK | Swedish krona | 10,2880 |
| CHF | Swiss franc | 1,5212 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7265 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,785 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 274,07 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7000 |
| PLN | Polish zloty | 4,1980 |
| RON | Romanian leu | 4,2245 |
| TRY | Turkish lira | 2,1222 |
| AUD | Australian dollar | 1,7208 |
| CAD | Canadian dollar | 1,5621 |
| HKD | Hong Kong dollar | 10,9068 |
| NZD | New Zealand dollar | 2,1155 |
| SGD | Singapore dollar | 2,0434 |
| KRW | South Korean won | 1 771,04 |
| ZAR | South African rand | 11,5338 |
| CNY | Chinese yuan renminbi | 9,6203 |
| HRK | Croatian kuna | 7,3027 |
| IDR | Indonesian rupiah | 14 119,06 |
| MYR | Malaysian ringgit | 4,9850 |
| PHP | Philippine peso | 68,076 |
| RUB | Russian rouble | 45,4800 |
| THB | Thai baht | 47,950 |
| BRL | Brazilian real | 2,6396 |
| MXN | Mexican peso | 18,3075 |
| INR | Indian rupee | 68,8120 |

Currency

Exchange rate

USD

US dollar

1,4072

JPY

Japanese yen

132,94

DKK

Danish krone

7,4435

GBP

Pound sterling

0,86290

SEK

Swedish krona

10,2880

CHF

Swiss franc

1,5212

ISK

Iceland króna

NOK

Norwegian krone

8,7265

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,785

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

274,07

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7000

PLN

Polish zloty

4,1980

RON

Romanian leu

4,2245

TRY

Turkish lira

2,1222

AUD

Australian dollar

1,7208

CAD

Canadian dollar

1,5621

HKD

Hong Kong dollar

10,9068

NZD

New Zealand dollar

2,1155

SGD

Singapore dollar

2,0434

KRW

South Korean won

1 771,04

ZAR

South African rand

11,5338

CNY

Chinese yuan renminbi

9,6203

HRK

Croatian kuna

7,3027

IDR

Indonesian rupiah

14 119,06

MYR

Malaysian ringgit

4,9850

PHP

Philippine peso

68,076

RUB

Russian rouble

45,4800

THB

Thai baht

47,950

BRL

Brazilian real

2,6396

MXN

Mexican peso

18,3075

INR

Indian rupee

68,8120

---

(1)  Source: reference exchange rate published by the ECB.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 18.8.2009 | EN | Official Journal of the European Union | C 194/9 |
| --- | --- | --- | --- |

18.8.2009

EN

Official Journal of the European Union

C 194/9

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyethylene terephthalate originating in the People's Republic of China

2009/C 194/04

Following the publication of a notice of impending expiry of the anti-dumping measures in force on imports of polyethylene terephthalate originating in, inter alia, the People's Republic of China (‘country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1).

1.   Request for review

The request was lodged on 13 May 2009 by the Polyethylene Terephthalate (PET) Committee of PlasticsEurope (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of polyethylene terephthalate.

2.   Product

The product under review is polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, originating in the People's Republic of China (‘the product concerned’), currently falling within CN code 3907 60 20. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1467/2004 (2) on imports of polyethylene terephthalate originating, inter alia, in the People's Republic of China.

4.   Grounds for the review

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

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the exporting producers from the People's Republic of China which were not granted market economy treatment during the investigation leading to the measures in force on the basis of a constructed normal value in an appropriate market economy country, which is mentioned in point 5.1(d). For those companies which were granted market economy treatment during the investigation, normal value has been established on the basis of a constructed normal value in the People's Republic of China. The allegation of recurrence of dumping for the People's Republic of China is based on a comparison of normal value, as set out in the preceding sentences, with the export prices of the like product from the People's Republic of China to Croatia, Russia and Ukraine, in view of the current absence of significant import volumes from the People's Republic of China into the Community.

On this basis, the dumping margin calculated is significant.

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

In addition, the applicant alleges that, should measures be allowed to lapse, any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

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

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

(a)   Sampling

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

(i)   Sampling for exporters/producers in the People's Republic of China

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

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

—

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

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2008 to 30 June 2009 for each of the 27 Member States separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2008 to 30 June 2009 for each of the 27 Member States separately and in total,

| — | the turnover in local currency and the sales volume in tonnes of the like product sold on the domestic market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes of the like product sold on the domestic market during the period 1 July 2008 to 30 June 2009,

| — | the turnover in local currency and the sales volume in tonnes for the like product sold to other third countries during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes for the like product sold to other third countries during the period 1 July 2008 to 30 June 2009,

| — | the precise activities of the company with regard to the production of the product concerned/like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned/like product during the period 1 July 2008 to 30 June 2009,

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

—

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

| — | 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 or inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(ii)   Sampling for importers

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

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

—

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

| — | the total turnover in EUR of the company during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the total turnover in EUR of the company during the period 1 July 2008 to 30 June 2009,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

| — | the precise activities of the company with regard to the product concerned/like product, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned/like product,

| — | the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in the People's Republic of China, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in the People's Republic of China,

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

—

the names and the precise activities of all related companies involved in the production and/or selling of the product concerned/like product,

| — | 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 or inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(iii)   Sampling for Community producers

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

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

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

—

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

| — | the total turnover in EUR of the company during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the total turnover in EUR of the company during the period 1 July 2008 to 30 June 2009,

| — | the precise activities of the company with regard to the production of the like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the precise activities of the company with regard to the production of the like product during the period 1 July 2008 to 30 June 2009,

| — | the value in EUR of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the value in EUR of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the volume in tonnes of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009,

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

—

the names and the precise activities of all related companies involved in the production and/or selling of the like product,

| — | 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 or inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

(iv)   Final selection of the samples

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

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

Companies included in the samples must reply to a questionnaire within the time limit set in point 6 (b)(iii) and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China and to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting country concerned.

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

In the previous investigation the United States of America was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China for those companies which were not granted market economy treatment. The Commission envisages using the United States of America again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   
  Procedure for the assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

| (i) | The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

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

(iii)

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

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax 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’ 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 H |
| Office: N-105 04/92 |
| 1049 Brussel |
| BELGIUM |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Brussel

BELGIUM

Fax +32 22956505

8.   Non-cooperation

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

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, 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 favourable to that party than if it had cooperated.

9.   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.

10.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

11.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.

12.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of DG Trade (http://ec.europa.eu/trade).

---

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  OJ L 271, 19.8.2004, p. 1.

---

| 18.8.2009 | EN | Official Journal of the European Union | C 194/14 |
| --- | --- | --- | --- |

18.8.2009

EN

Official Journal of the European Union

C 194/14

---

Communication from the French government concerning Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1)

(Notice regarding an application for a licence to prospect for oil and gas, designated the ‘Permis de Pontarlier’)

(Text with EEA relevance)

2009/C 194/05

On 5 February 2009, Celtique Energie Petroleum, a company with registered offices at 12 rue Pernelle, 75004 Paris, France, applied for a five-year licence, designated the ‘Permis de Pontarlier’, to prospect for oil and gas in an area of approximately 1 470 km2 in the départements of Doubs and Jura.

The perimeter of the area covered by this licence is made up of the meridian and parallel arcs successively joining the points defined below by their geographical coordinates in grads (NTF (Nouvelle Triangulation de la France), Paris meridian):

| Points | Longitude | Latitude |
| --- | --- | --- |
| A | 4,20 gr E | 52,20 gr N |
| B | Intersection of the parallel of latitude 52,20 gr N with the dividing line between France and Switzerland |
| C | Intersection of the parallel of latitude 51,60 gr N with the dividing line between France and Switzerland |
| D | 4,00 gr E | 51,60 gr N |
| E | 4,00 gr E | 51,70 gr N |
| F | 3,90 gr E | 51,70 gr N |
| G | 3,90 gr E | 51,90 gr N |
| H | 4,10 gr E | 51,90 gr N |
| I | 4,10 gr E | 52,00 gr N |
| J | 4,20 gr E | 52,00 gr N |

Points

Longitude

Latitude

A

4,20 gr E

52,20 gr N

B

Intersection of the parallel of latitude 52,20 gr N with the dividing line between France and Switzerland

C

Intersection of the parallel of latitude 51,60 gr N with the dividing line between France and Switzerland

D

4,00 gr E

51,60 gr N

E

4,00 gr E

51,70 gr N

F

3,90 gr E

51,70 gr N

G

3,90 gr E

51,90 gr N

H

4,10 gr E

51,90 gr N

I

4,10 gr E

52,00 gr N

J

4,20 gr E

52,00 gr N

Points B to C = dividing line between France and Switzerland

Submission of applications and criteria for awarding rights

The initial applicants and competing applicants must meet the requirements specified in Articles 4 and 5 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (Journal officiel de la République française, 3 June 2006).

Interested companies may, within 90 days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’, published in
  Official Journal of the European Communities C 374 of 30 December 1994, p. 11, and established by Decree No 2006-648 concerning mining rights and underground storage rights. Competing applications must be sent to the Minister responsible for mines at the address below.

The decisions on the initial application and the competing applications will be based on the criteria governing the award of mining rights, as set out in Article 6 of the above mentioned Decree, and will be taken by 3 March 2011 at the latest.

Conditions and requirements regarding performance of the activity and cessation thereof

Applicants are referred to Articles 79 and 79.1 of the Mining Code (code minier) and to Decree No 2006-649 of 2 June 2006 on mining and underground storage operations and the regulations governing mining and underground storage (Journal officiel de la République française of 3 June 2006).

Further information can be obtained from the following address: Ministère de l'écologie, de l'énergie, du développement durable et de la mer (Direction générale de l'énergie et climat, Direction de l'énergie, Sous-direction de la sécurité d'approvisionnement et des nouveaux produits énergétiques, Bureau exploration et production des hydrocarbures), Arche de La Défense, 92055 La Défense Cedex, FRANCE (Tel. +33 140819525, Fax +33 140819529).

The above mentioned laws and regulations can be consulted at: Légifrance http://www.legifrance.gouv.fr

---

(1)  OJ L 164, 30.6.1994.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 18.8.2009 | EN | Official Journal of the European Union | C 194/16 |
| --- | --- | --- | --- |

18.8.2009

EN

Official Journal of the European Union

C 194/16

---

Prior notification of a concentration

(Case COMP/M.5614 — Sanofi-Aventis/Merial)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 194/06

| 1. | On 11 August 2009, 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 Sanofi-Aventis, France, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Merial, USA, by way of purchase of shares. |
| --- | --- |

1.

On 11 August 2009, 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 Sanofi-Aventis, France, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Merial, USA, by way of purchase of shares.

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






  — | for Sanofi-Aventis: research, development, manufacturing and marketing of human pharmaceuticals and vaccines, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Sanofi-Aventis: research, development, manufacturing and marketing of human pharmaceuticals and vaccines,

| — | for Merial: research, development, manufacture and delivery of innovative animal pharmaceuticals and vaccines. |
| --- | --- |

—

for Merial: research, development, manufacture and delivery of innovative animal pharmaceuticals and vaccines.

| 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 (+32 22964301 or 22967244) or by post, under reference number COMP/M.5614 — Sanofi-Aventis/Merial, to the following address:





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

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 (+32 22964301 or 22967244) or by post, under reference number COMP/M.5614 — Sanofi-Aventis/Merial, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---