# Official Journal C 291/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.291.eng |
| --- | --- |
| Official Journal
  of the European Union | C 291 |
| | |
| English edition | Information and Notices | Volume 521 December 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.291.eng

Official Journal

of the European Union

C 291

English edition

Information and Notices

Volume 521 December 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Central Bank |
| 2009/C 291/01 | Opinion of the European Central Bank of 12 November 2009 on a proposal for a Directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (CON/2009/94) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Central Bank

2009/C 291/01

Opinion of the European Central Bank of 12 November 2009 on a proposal for a Directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (CON/2009/94)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 291/02 | Non-opposition to a notified concentration (Case COMP/M.5647 — Advent/GFKL) (
  1
  ) | 7 |
| 2009/C 291/03 | Non-opposition to a notified concentration (Case COMP/M.5640 — SCF/AIG BANK/AIG Credit) (
  1
  ) | 7 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 291/02

Non-opposition to a notified concentration (Case COMP/M.5647 — Advent/GFKL) (
  1
  )

1

7

2009/C 291/03

Non-opposition to a notified concentration (Case COMP/M.5640 — SCF/AIG BANK/AIG Credit) (
  1
  )

1

7

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 291/04 | Euro exchange rates | 8 |
| 2009/C 291/05 | Commission notice concerning parties exempted, pursuant to Commission Regulation (EC) No 88/97 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93, maintained by Council Regulation (EC) No 1524/2000 and last amended by Council Regulation (EC) No 1095/2005: changes in the name and address of certain exempted parties | 9 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 291/06 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  ) | 12 |
| 2009/C 291/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  ) | 17 |
| 2009/C 291/08 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  ) | 23 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 291/04

Euro exchange rates

8

2009/C 291/05

Commission notice concerning parties exempted, pursuant to Commission Regulation (EC) No 88/97 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93, maintained by Council Regulation (EC) No 1524/2000 and last amended by Council Regulation (EC) No 1095/2005: changes in the name and address of certain exempted parties

9

NOTICES FROM MEMBER STATES

2009/C 291/06

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  )

1

12

2009/C 291/07

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  )

1

17

2009/C 291/08

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  )

1

23

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 291/09 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating in India | 28 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 291/10 | Prior notification of a concentration (Case COMP/M.5719 — Oaktree/SGD) — Candidate case for simplified procedure (
  1
  ) | 31 |
| 2009/C 291/11 | Prior notification of a concentration (Case COMP/M.5668 — Safran/SIA/Safran Electronics Asia) — Candidate case for simplified procedure (
  1
  ) | 32 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 291/09

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating in India

28

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 291/10

Prior notification of a concentration (Case COMP/M.5719 — Oaktree/SGD) — Candidate case for simplified procedure (
  1
  )

1

31

2009/C 291/11

Prior notification of a concentration (Case COMP/M.5668 — Safran/SIA/Safran Electronics Asia) — Candidate case for simplified procedure (
  1
  )

1

32

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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I Resolutions, recommendations and opinions

OPINIONS

European Central Bank

| 1.12.2009 | EN | Official Journal of the European Union | C 291/1 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/1

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OPINION OF THE EUROPEAN CENTRAL BANK

of 12 November 2009

on a proposal for a Directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies

(CON/2009/94)

2009/C 291/01

Introduction and legal basis

| 1. | On 10 September 2009 the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (1) (hereinafter the ‘proposed directive’). |
| --- | --- |

1.

On 10 September 2009 the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (1) (hereinafter the ‘proposed directive’).

| 2. | The ECB’s competence to deliver an opinion is based on the first indent of Article 105(4) of the Treaty establishing the European Community and on Article 105(5) of the Treaty, as the proposed directive concerns one of the tasks of the European System of Central Banks (ESCB), namely to contribute to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion. |
| --- | --- |

2.

The ECB’s competence to deliver an opinion is based on the first indent of Article 105(4) of the Treaty establishing the European Community and on Article 105(5) of the Treaty, as the proposed directive concerns one of the tasks of the European System of Central Banks (ESCB), namely to contribute to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

General observations

| 3. | The ECB welcomes the proposed directive as regards capital requirements for bank trading books and for re-securitisations, which are broadly consistent with the approach recently developed by the Basel Committee on Banking Supervision (2). The ECB is of the view that there is the need to further align the requirements of the proposed directive to the revised Basel II market risk framework. In particular, the ECB suggests introducing in Annex II point (1) of the proposed directive an exemption for correlation trading activities from the requirement that all securitisation exposures in the trading book receive the standardised specific risk treatment. |
| --- | --- |

3.

The ECB welcomes the proposed directive as regards capital requirements for bank trading books and for re-securitisations, which are broadly consistent with the approach recently developed by the Basel Committee on Banking Supervision (2). The ECB is of the view that there is the need to further align the requirements of the proposed directive to the revised Basel II market risk framework. In particular, the ECB suggests introducing in Annex II point (1) of the proposed directive an exemption for correlation trading activities from the requirement that all securitisation exposures in the trading book receive the standardised specific risk treatment.

| 4. | Furthermore, the ECB notes that the quantitative impact study currently being conducted by the Basel Committee on Banking Supervision may lead to recalibration of ‘correlation trading activities’. Should the impact study indeed lead to the recalibration of the Basel II market risk framework, the ECB strongly supports making a corresponding alignment of the proposed directive, or any amendment to it, in order to ensure fair international competition in this area. |
| --- | --- |

4.

Furthermore, the ECB notes that the quantitative impact study currently being conducted by the Basel Committee on Banking Supervision may lead to recalibration of ‘correlation trading activities’. Should the impact study indeed lead to the recalibration of the Basel II market risk framework, the ECB strongly supports making a corresponding alignment of the proposed directive, or any amendment to it, in order to ensure fair international competition in this area.

| 5. | The ECB also welcomes the introduction of remuneration provisions in Annex I to the proposed directive, which are in line with the commitment of the G20 leaders to implement international compensation standards aimed at ending practices that lead to excessive risk-taking (3). Moreover, the ECB supports the application of the provisions for remuneration policies at the group level, to ensure consistent treatment of risk-taking employees in all jurisdictions where EU banks operate. Finally, the ECB highlights that when introducing international standards that primarily address significant financial institutions into Community law, which applies to all credit institutions (including small ones), the proportionality principle, as laid down in the Treaty, should be applied appropriately. |
| --- | --- |

5.

The ECB also welcomes the introduction of remuneration provisions in Annex I to the proposed directive, which are in line with the commitment of the G20 leaders to implement international compensation standards aimed at ending practices that lead to excessive risk-taking (3). Moreover, the ECB supports the application of the provisions for remuneration policies at the group level, to ensure consistent treatment of risk-taking employees in all jurisdictions where EU banks operate. Finally, the ECB highlights that when introducing international standards that primarily address significant financial institutions into Community law, which applies to all credit institutions (including small ones), the proportionality principle, as laid down in the Treaty, should be applied appropriately.

| 6. | Where the ECB recommends amending the proposed directive, specific drafting proposals are set out in the Annex accompanied by an explanation. These proposals do not address the more general observations made above. |
| --- | --- |

6.

Where the ECB recommends amending the proposed directive, specific drafting proposals are set out in the Annex accompanied by an explanation. These proposals do not address the more general observations made above.

Done at Frankfurt am Main, 12 November 2009.

The President of the ECB

Jean-Claude TRICHET

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(1)  COM(2009) 362 final.

1

(2)  See the Basel Committee on Banking Supervision’s ‘Revisions to the Basel II market risk framework’, ‘Guidelines for computing capital for incremental risk in the trading book’, and ‘Enhancements to the Basel II framework’, dated 13 July 2009, available on the Bank for International Settlements’ website at http://www.bis.org

2

(3)  See ‘FSF Principles for Sound Compensation Practices’ and the relevant implementation standards, available on the G20 website at http://www.g20.org

3

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ANNEX

Drafting proposals

| Text proposed by the Commission | Amendments proposed by the ECB (1) |
| --- | --- |
| Amendment 1 |
| Citations |
| ‘Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
  Having regard to the proposal from the Commission,
  Having regard to the opinion of the European Economic and Social Committee,
  Acting in accordance with the procedure laid down in Article 251 of the Treaty,’ | ‘Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
  Having regard to the proposal from the Commission,
  Having regard to the opinion of the European Economic and Social Committee,

  Having regard to the opinion of the European Central Bank,
  Acting in accordance with the procedure laid down in Article 251 of the Treaty,’ |
| Explanation:


  Since the Treaty requires consultation of the ECB on the proposed directive, a citation to this effect should be inserted in the proposed directive in line with Article 253 of the Treaty. |
| Amendment 2 |
| Article 1(9) |
| ‘Article 122b
  1.   Notwithstanding the risk weights for general re-securitisation positions in Annex IX, Part 4, the competent authorities shall require that credit institutions apply a 1 250 % risk weight to positions in highly complex re-securitisations, unless the credit institution has demonstrated to the competent authority for each such re-securitisation position concerned that it has complied with the requirements set out in Article 122a(4) and (5).
  2.   Paragraph 1 shall apply in respect of positions in new re-securitisations issued after 31 December 2010. In respect of positions in existing re-securitisations, paragraph 1 shall apply from 31 December 2014 where new underlying exposures are added or substituted after that date.’ | ‘Article 122b


  1.   Notwithstanding the risk weights for general re-securitisation positions in Annex IX, Part 4, the competent authorities shall require that credit institutions apply a 1 250 % risk weight to positions in highly complex re-securitisations, unless the credit institution has demonstrated to the competent authority for each such re-securitisation position concerned that it has complied with the requirements set out in Article 122a(4) and (5).

  2.   Paragraph 1 shall apply in respect of positions in new re-securitisations issued after 31 December 2010. In respect of positions in existing re-securitisations, paragraph 1 shall apply from 31 December 2014 where new underlying exposures are added or substituted after that date.’ |
| Explanation:


  The issue of non-compliance with due diligence requirements for securitisation exposures is adequately addressed by Article 122a of the Directive adopted by the Council on 15 July 2009
   (2). Furthermore, the proposed treatment of highly complex re-securitisation exposures under proposed Article 122b is not in line with the proportionality principle applied in Article 122a(5) of the abovementioned Directive, which provided for a range of 250 % to 1 250 %, depending on the level of infringement of the due diligence provisions. As a consequence, the ECB suggests deleting the proposed Article 122b. |
| Amendment 3 |
| Annex I, paragraph 1 |
| ‘11.   REMUNERATION POLICIES






  22. | When establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile, credit institutions shall comply with the following principles in a way that is appropriate to their size, internal organisation and the nature, the scope and the complexity of their activities:






  (a) | the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking that exceeds the level of tolerated risk of the credit institution; |

Text proposed by the Commission

Amendments proposed by the ECB (1)

Amendment 1

Citations

‘Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee,

Acting in accordance with the procedure laid down in Article 251 of the Treaty,’

‘Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the European Central Bank,

Acting in accordance with the procedure laid down in Article 251 of the Treaty,’

Explanation:

Explanation:

Since the Treaty requires consultation of the ECB on the proposed directive, a citation to this effect should be inserted in the proposed directive in line with Article 253 of the Treaty.

Since the Treaty requires consultation of the ECB on the proposed directive, a citation to this effect should be inserted in the proposed directive in line with Article 253 of the Treaty

Amendment 2

Amendment 2

Article 1(9)

‘Article 122b

1.   Notwithstanding the risk weights for general re-securitisation positions in Annex IX, Part 4, the competent authorities shall require that credit institutions apply a 1 250 % risk weight to positions in highly complex re-securitisations, unless the credit institution has demonstrated to the competent authority for each such re-securitisation position concerned that it has complied with the requirements set out in Article 122a(4) and (5).

2.   Paragraph 1 shall apply in respect of positions in new re-securitisations issued after 31 December 2010. In respect of positions in existing re-securitisations, paragraph 1 shall apply from 31 December 2014 where new underlying exposures are added or substituted after that date.’

‘Article 122b

1.   Notwithstanding the risk weights for general re-securitisation positions in Annex IX, Part 4, the competent authorities shall require that credit institutions apply a 1 250 % risk weight to positions in highly complex re-securitisations, unless the credit institution has demonstrated to the competent authority for each such re-securitisation position concerned that it has complied with the requirements set out in Article 122a(4) and (5).

2.   Paragraph 1 shall apply in respect of positions in new re-securitisations issued after 31 December 2010. In respect of positions in existing re-securitisations, paragraph 1 shall apply from 31 December 2014 where new underlying exposures are added or substituted after that date.’

Explanation:

Explanation:

The issue of non-compliance with due diligence requirements for securitisation exposures is adequately addressed by Article 122a of the Directive adopted by the Council on 15 July 2009
   (2). Furthermore, the proposed treatment of highly complex re-securitisation exposures under proposed Article 122b is not in line with the proportionality principle applied in Article 122a(5) of the abovementioned Directive, which provided for a range of 250 % to 1 250 %, depending on the level of infringement of the due diligence provisions. As a consequence, the ECB suggests deleting the proposed Article 122b.

The issue of non-compliance with due diligence requirements for securitisation exposures is adequately addressed by Article 122a of the Directive adopted by the Council on 15 July 2009

2

Furthermore, the proposed treatment of highly complex re-securitisation exposures under proposed Article 122b is not in line with the proportionality principle applied in Article 122a(5) of the abovementioned Directive, which provided for a range of 250 % to 1 250 %, depending on the level of infringement of the due diligence provisions. As a consequence, the ECB suggests deleting the proposed Article 122b

Amendment 3

Amendment 3

Annex I, paragraph 1

‘11.   REMUNERATION POLICIES

22.

When establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile, credit institutions shall comply with the following principles in a way that is appropriate to their size, internal organisation and the nature, the scope and the complexity of their activities:

(a)

the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking that exceeds the level of tolerated risk of the credit institution;

| (b) | the remuneration policy is in line with the business strategy, objectives, values and long-term interests of the credit institution; |
| --- | --- |

(b)

the remuneration policy is in line with the business strategy, objectives, values and long-term interests of the credit institution;

| (c) | the management body (supervisory function) of the credit institution establishes the general principles of the remuneration policy and is responsible for its implementation; |
| --- | --- |

(c)

the management body (supervisory function) of the credit institution establishes the general principles of the remuneration policy and is responsible for its implementation;

| (d) | the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration defined by the management body (supervisory function); |
| --- | --- |

(d)

the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration defined by the management body (supervisory function);

| (e) | where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit concerned and of the overall results of the credit institution; |
| --- | --- |

(e)

where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit concerned and of the overall results of the credit institution;

| (f) | fixed and variable components of total remuneration are appropriately balanced; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy, including the possibility to pay no bonus; |
| --- | --- |

(f)

fixed and variable components of total remuneration are appropriately balanced; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy, including the possibility to pay no bonus;

| (g) | payments related to the early termination of a contract reflect performance achieved over time and are designed in a way that does not reward failure; |
| --- | --- |

(g)

payments related to the early termination of a contract reflect performance achieved over time and are designed in a way that does not reward failure;

| (h) | the measurement of performance used to calculate bonuses or bonus pools includes an adjustment for current and future risks and takes into account the cost of the capital and the liquidity required; |
| --- | --- |

(h)

the measurement of performance used to calculate bonuses or bonus pools includes an adjustment for current and future risks and takes into account the cost of the capital and the liquidity required;

| (i) | payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm.’ |
| --- | --- |

(i)

payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm.’

‘11.   REMUNERATION POLICIES

| 22. | When establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile, credit institutions shall comply with the following principles in a way that is appropriate to their size, internal organisation and the nature, the scope and the complexity of their activities:






  (a) | the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking that exceeds the level of tolerated risk of the credit institution; |
| --- | --- | --- |

22.

When establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile, credit institutions shall comply with the following principles in a way that is appropriate to their size, internal organisation and the nature, the scope and the complexity of their activities:

(a)

the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking that exceeds the level of tolerated risk of the credit institution;

| (b) | the remuneration policy is in line with the business strategy, objectives, values and long-term interests of the credit institution; |
| --- | --- |

(b)

the remuneration policy is in line with the business strategy, objectives, values and long-term interests of the credit institution;

| (c) | the management body (supervisory function) of the credit institution establishes and reviews the general principles of the remuneration policy and is responsible for its implementation; |
| --- | --- |

(c)

the management body (supervisory function) of the credit institution establishes and reviews the general principles of the remuneration policy and is responsible for its implementation;

| (d) | the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration defined by the management body (supervisory function); |
| --- | --- |

(d)

the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration defined by the management body (supervisory function);

| (e) | the remuneration of staff engaged in financial and risk control is independent of the business areas they oversee and commensurate with their key role in the credit institution; |
| --- | --- |

(e)

the remuneration of staff engaged in financial and risk control is independent of the business areas they oversee and commensurate with their key role in the credit institution;

| (e
  f) | W
  where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit concerned and of the overall results of the credit institution; |
| --- | --- |

(e
  f)

W
  where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit concerned and of the overall results of the credit institution;

| (h
  g) | the measurement of performance used to calculate the variable remuneration component
  bonuses or bonus pools includes an adjustment for all types of current and future risks and takes into account the cost of the capital and the liquidity required; |
| --- | --- |

(h
  g)

the measurement of performance used to calculate the variable remuneration component
  bonuses or bonus pools includes an adjustment for all types of current and future risks and takes into account the cost of the capital and the liquidity required;

| (h) | guaranteed variable remuneration may only occur in exceptional cases in the context of hiring new staff and is limited to the first year, taking due account of prudent risk management policies; |
| --- | --- |

(h)

guaranteed variable remuneration may only occur in exceptional cases in the context of hiring new staff and is limited to the first year, taking due account of prudent risk management policies;

| (f
  i) | F
  fixed and variable components of total remuneration are appropriately balanced and consistent with risk alignment; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy with regard to the variable component, including the possibility to pay no bonus
  variable component; |
| --- | --- |

(f
  i)

F
  fixed and variable components of total remuneration are appropriately balanced and consistent with risk alignment; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy with regard to the variable component, including the possibility to pay no bonus
  variable component;

| (j) | payment of the total variable remuneration does not limit the ability of the credit institution to strengthen its capital base; |
| --- | --- |

(j)

payment of the total variable remuneration does not limit the ability of the credit institution to strengthen its capital base;

| (i
  k) | payment of the major part of a significant variable remuneration component
  bonus is deferred for an appropriate period of no less than three years, is vested no faster than on a pro rata basis, and is linked to the future performance of the credit institution;
  firm. |
| --- | --- |

(i
  k)

payment of the major part of a significant variable remuneration component
  bonus is deferred for an appropriate period of no less than three years, is vested no faster than on a pro rata basis, and is linked to the future performance of the credit institution;
  firm.

| (l) | a substantial proportion of the variable remuneration component should be awarded in shares or share-linked instruments, or, where appropriate, other non-cash instruments as long as these instruments create incentives aligned with long-term value creation and the time horizons of risk. Awards in shares, share-linked or other non-cash instruments are subject to an appropriate retention policy; |
| --- | --- |

(l)

a substantial proportion of the variable remuneration component should be awarded in shares or share-linked instruments, or, where appropriate, other non-cash instruments as long as these instruments create incentives aligned with long-term value creation and the time horizons of risk. Awards in shares, share-linked or other non-cash instruments are subject to an appropriate retention policy;

| (g
  m) | payments related to the early termination of a contract reflect performance achieved over time and are designed in a way that does not reward failure;. |
| --- | --- |

(g
  m)

payments related to the early termination of a contract reflect performance achieved over time and are designed in a way that does not reward failure;.

| 22a. | Credit institutions that are significant in terms of their size, internal organisation and the nature, scope and complexity of their activities shall establish a board remuneration committee to oversee their compensation policies and practices. The remuneration committee shall be constituted in a way that enables it to exercise competent and independent judgement on remuneration policies and practices and the incentives created for managing risk, capital and liquidity.’ |
| --- | --- |

22a.

Explanation:

Explanation:

The ECB suggests amending Annex I, paragraph 1 of the proposed directive as follows: (i) measurement of performance should be adjusted for all types of risk (see point g of the right column above); and (ii) points h and i of Annex 1, paragraph 1 of the proposed directive should be reshuffled (see points g and i of the right column above) in order to keep together the references to the measurement of performance and to the variable remuneration component. Finally, the ECB proposes the introduction of new principles reflecting the agreement of the G20 leaders reached at the Pittsburgh Summit on 24-25 September 2009. In particular, the G20 leaders fully endorsed the implementation standards of the Financial Stability Board aimed at aligning compensation with long-term value creation, not excessive risk-taking (see footnote 3 above).

The ECB suggests amending Annex I, paragraph 1 of the proposed directive as follows: (i) measurement of performance should be adjusted for all types of risk (see point g of the right column above); and (ii) points h and i of Annex 1, paragraph 1 of the proposed directive should be reshuffled (see points g and i of the right column above) in order to keep together the references to the measurement of performance and to the variable remuneration component. Finally, the ECB proposes the introduction of new principles reflecting the agreement of the G20 leaders reached at the Pittsburgh Summit on 24-25 September 2009. In particular, the G20 leaders fully endorsed the implementation standards of the Financial Stability Board aimed at aligning compensation with long-term value creation, not excessive risk-taking (see footnote 3 above)

Amendment 4

Amendment 4

Annex II, paragraph 3(e)

| ‘7. | For the purposes of points 10b(a) and 10b(b), the results of the institution’s own calculation shall be scaled up by a multiplication factor (m+) of at least 3.’ |
| --- | --- |

‘7.

For the purposes of points 10b(a) and 10b(b), the results of the institution’s own calculation shall be scaled up by a multiplication factor (m+) of at least 3.’

| ‘7. | For the purposes of points 10b(a) and 10b(b), the results of the institution’s own calculation shall be scaled up by a multiplication factor (m
  c

  +) of at least 3 and a multiplication factor (ms) of at least 3.’ |
| --- | --- |

‘7.

For the purposes of points 10b(a) and 10b(b), the results of the institution’s own calculation shall be scaled up by a multiplication factor (m
  c

  +) of at least 3 and a multiplication factor (ms) of at least 3.’

Explanation:

Explanation:

The ECB supports the alignment of the proposed directive with the relevant Basel text (i.e. Revisions to the Basel II market risk framework) that provides for two different multipliers for current and stressed value-at-risk.

The ECB supports the alignment of the proposed directive with the relevant Basel text (i.e. Revisions to the Basel II market risk framework) that provides for two different multipliers for current and stressed value-at-risk

Amendment 5

Amendment 5

Annex II, paragraph 3(f)

‘For the purposes of point 10b(a) and 10b(b), the multiplication factor (m+) shall be increased by a plus-factor of between 0 and 1 in accordance with Table 1, depending on the number of overshootings for the most recent 250 business days as evidenced by the institution’s back-testing of the value-at-risk measure as set out in point 10 [...].’

‘For the purposes of point 10b(a) and 10b(b), the multiplication factors (m
  c

  +) and (ms
  ) shall be increased by a plus-factor of between 0 and 1 in accordance with Table 1, depending on the number of overshootings for the most recent 250 business days as evidenced by the institution’s back-testing of the value-at-risk measure as set out in point 10 [...].’

Explanation:

Explanation:

See the explanation for Amendment 4.

See the explanation for Amendment 4

---

(1)  Bold in the body of the text indicates where the ECB proposes inserting new text. Strikethrough in the body of the text indicates where the ECB proposes deleting text.

1

(2)  Directive of the European Parliament and of the Council amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management, adopted by the Council on 15 July 2009, following an agreement reached with the European Parliament in first reading, available on the Council’s website at http://register.consilium.europa.eu

2

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 1.12.2009 | EN | Official Journal of the European Union | C 291/7 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/7

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Non-opposition to a notified concentration

(Case COMP/M.5647 — Advent/GFKL)

(Text with EEA relevance)

2009/C 291/02

On 23 November 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5647. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5647. EUR-Lex is the on-line access to the European law.

---

| 1.12.2009 | EN | Official Journal of the European Union | C 291/7 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/7

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Non-opposition to a notified concentration

(Case COMP/M.5640 — SCF/AIG BANK/AIG Credit)

(Text with EEA relevance)

2009/C 291/03

On 20 November 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5640. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5640. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 1.12.2009 | EN | Official Journal of the European Union | C 291/8 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/8

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Euro exchange rates (1)

30 November 2009

2009/C 291/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,5023 |
| JPY | Japanese yen | 129,77 |
| DKK | Danish krone | 7,4424 |
| GBP | Pound sterling | 0,91155 |
| SEK | Swedish krona | 10,4533 |
| CHF | Swiss franc | 1,5071 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,5125 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,135 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 273,88 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 4,1441 |
| RON | Romanian leu | 4,2706 |
| TRY | Turkish lira | 2,2980 |
| AUD | Australian dollar | 1,6452 |
| CAD | Canadian dollar | 1,5882 |
| HKD | Hong Kong dollar | 11,6431 |
| NZD | New Zealand dollar | 2,1019 |
| SGD | Singapore dollar | 2,0789 |
| KRW | South Korean won | 1 746,88 |
| ZAR | South African rand | 11,1421 |
| CNY | Chinese yuan renminbi | 10,2564 |
| HRK | Croatian kuna | 7,3160 |
| IDR | Indonesian rupiah | 14 222,64 |
| MYR | Malaysian ringgit | 5,0966 |
| PHP | Philippine peso | 70,918 |
| RUB | Russian rouble | 43,9800 |
| THB | Thai baht | 49,951 |
| BRL | Brazilian real | 2,6251 |
| MXN | Mexican peso | 19,3984 |
| INR | Indian rupee | 69,7590 |

Currency

Exchange rate

USD

US dollar

1,5023

JPY

Japanese yen

129,77

DKK

Danish krone

7,4424

GBP

Pound sterling

0,91155

SEK

Swedish krona

10,4533

CHF

Swiss franc

1,5071

ISK

Iceland króna

NOK

Norwegian krone

8,5125

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,135

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

273,88

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

4,1441

RON

Romanian leu

4,2706

TRY

Turkish lira

2,2980

AUD

Australian dollar

1,6452

CAD

Canadian dollar

1,5882

HKD

Hong Kong dollar

11,6431

NZD

New Zealand dollar

2,1019

SGD

Singapore dollar

2,0789

KRW

South Korean won

1 746,88

ZAR

South African rand

11,1421

CNY

Chinese yuan renminbi

10,2564

HRK

Croatian kuna

7,3160

IDR

Indonesian rupiah

14 222,64

MYR

Malaysian ringgit

5,0966

PHP

Philippine peso

70,918

RUB

Russian rouble

43,9800

THB

Thai baht

49,951

BRL

Brazilian real

2,6251

MXN

Mexican peso

19,3984

INR

Indian rupee

69,7590

---

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

---

| 1.12.2009 | EN | Official Journal of the European Union | C 291/9 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/9

---

Commission notice concerning parties exempted, pursuant to Commission Regulation (EC) No 88/97 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93, maintained by Council Regulation (EC) No 1524/2000 and last amended by Council Regulation (EC) No 1095/2005: changes in the name and address of certain exempted parties

2009/C 291/05

Commission Regulation (EC) No 88/97 (1) (the ‘exemption Regulation’) authorises the exemption from the extended anti-dumping duty on imports of certain bicycle parts originating in the People’s Republic of China. This duty resulted from the extension by Council Regulation (EC) No 71/97 (2) of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (3), maintained by Regulation (EC) No 1524/2000 (4) and last amended by Council Regulation (EC) No 1095/2005 (5).

In this framework, and by successive Commission Decisions, a certain number of bicycle producers have been exempted from the extended anti-dumping duty: inter alia,

Bike Fun International s.r.o. (TARIC additional code A536) (6), C-Trading s.r.o. (TARIC additional code A662) (7), Décathlon Italia SRL (TARIC additional code 8085) (8), F.lli Schiano S.R.L. (TARIC additional code A824) (9), Ghost Mountain Bikes GmbH (TARIC additional code 8523) (10), Steppenwolf GmbH (TARIC additional code A406) (11).

Bike Fun International s.r.o. has informed the Commission that the legal address of the company has changed from Štefánikova 1163, 742 21 Kopřivnice, CZECH REPUBLIC, to Areál Tatry 1445/2, 742 21 Kopřivnice, CZECH REPUBLIC.

C-Trading s.r.o. has informed the Commission that the legal name of the company has changed from C-Trading s.r.o. to Credat Industries a.s.

Décathlon Italia SRL has informed the Commission that the legal name of the company has changed from Décathlon Italia SRL, 20124 Milano MI, ITALY to Oxiprod S.R.L., Via Morone Gerolamo 4, 20121 Milano MI, ITALY.

F.lli Schiano S.R.L. has informed the Commission that the legal address of the company has changed from Via Carmelo Pezzullo 20, 80027 Frattamaggiore NA, ITALY to Via Ferdinando Del Carretto 26, 80100 Naples NA, ITALY.

Ghost Mountain Bikes GmbH has informed the Commission that the legal name and address of the company have changed from Ghost Mountain Bikes GmbH, 95652 Waldsassen, GERMANY to Ghost-Bikes GmbH, An der Tongrube 3, 95652 Waldsassen, GERMANY.

Steppenwolf GmbH has informed the Commission that the legal address of the company has changed from Wettersteinstrasse 18, 82024 Taufkirchen, GERMANY to Keltenring 9, 82041 Oberhaching, GERMANY.

The Commission, after having examined the information supplied, has established that the changes in the companies’ names and legal addresses do not affect the assembly operations with regard to the stipulations of the exemption Regulation and therefore the Commission does not consider that these changes should affect the exemption from the extended anti-dumping duty.

Hence references to Bike Fun International s.r.o. in Commission Decision 2006/22/EC, to C-Trading s.r.o. in Commission Decision 2006/772/EC, to Décathlon Italia SRL in Commission Decision 97/447/EC, to F.lli Schiano S.R.L. in Commission Decision 2008/260/EC, to Ghost Mountain Bikes GmbH in Commission Decision 98/115/EC and to Steppenwolf GmbH in Commission Decision 2003/899/EC should be read as reported in the following Annex:

---

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

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

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

(4)  OJ L 175, 14.7.2000, p. 39.

(5)  OJ L 183, 14.7.2005, p. 1.

(6)  OJ L 17, 21.1.2006, p. 16.

(7)  OJ L 313, 14.11.2006, p. 5.

(8)  OJ L 193, 22.7.1997, p. 32.

(9)  OJ L 81, 20.3.2008, p. 73.

(10)  OJ L 31, 6.2.1998, p. 25.

(11)  OJ L 336, 23.12.2003, p. 101.

---

ANNEX

| Former reference | New reference | Country | TARIC additional code |
| --- | --- | --- | --- |
| Bike Fun International s.r.o. |
| Štefánikova 1163 |
| 742 21 Kopřivnice |
| ČESKÁ REPUBLIKA |

Former reference

New reference

Country

TARIC additional code

Bike Fun International s.r.o.

Štefánikova 1163

742 21 Kopřivnice

ČESKÁ REPUBLIKA

| Bike Fun International s.r.o. |
| --- |
| Areál Tatry 1445/2 |
| 742 21 Kopřivnice |
| ČESKÁ REPUBLIKA |

Bike Fun International s.r.o.

Areál Tatry 1445/2

742 21 Kopřivnice

ČESKÁ REPUBLIKA

Czech Republic

A536

| C-Trading s.r.o. |
| --- |
| V. Palkovicha 19 |
| 946 03 Kolárovo |
| SLOVENSKO/SLOVAKIA |

C-Trading s.r.o.

V. Palkovicha 19

946 03 Kolárovo

SLOVENSKO/SLOVAKIA

| Credat Holding a.s. |
| --- |
| V. Palkovicha 19 |
| 946 03 Kolárovo |
| SLOVENSKO/SLOVAKIA |

Credat Holding a.s.

V. Palkovicha 19

946 03 Kolárovo

SLOVENSKO/SLOVAKIA

Slovak Republic

A662

| Décathlon Italia SRL |
| --- |
| 20124 Milano MI |
| ITALIA |

Décathlon Italia SRL

20124 Milano MI

ITALIA

| Oxiprod S.R.L. |
| --- |
| Via Morone Gerolamo 4 |
| 20121 Milano MI |
| ITALIA |

Oxiprod S.R.L.

Via Morone Gerolamo 4

20121 Milano MI

ITALIA

Italy

8085

| F.lli Schiano S.R.L. |
| --- |
| Via Carmello Pezzullo 20 |
| 80027 Frattamaggiore NA |
| ITALIA |

F.lli Schiano S.R.L.

Via Carmello Pezzullo 20

80027 Frattamaggiore NA

ITALIA

| F.lli Schiano S.R.L. |
| --- |
| Via Ferdinando Del Carretto 26 |
| 80100 Naples NA |
| ITALIA |

F.lli Schiano S.R.L.

Via Ferdinando Del Carretto 26

80100 Naples NA

ITALIA

Italy

A824

| Ghost Mountain Bikes GmbH |
| --- |
| 95652 Waldsassen |
| DEUTSCHLAND |

Ghost Mountain Bikes GmbH

95652 Waldsassen

DEUTSCHLAND

| Ghost-Bikes GmbH |
| --- |
| An der Tongrube 3 |
| 95652 Waldsassen |
| DEUTSCHLAND |

Ghost-Bikes GmbH

An der Tongrube 3

95652 Waldsassen

DEUTSCHLAND

Germany

8523

| Steppenwolf GmbH |
| --- |
| Wettersteinstrasse 18 |
| 82024 Taufkirchen |
| DEUTSCHLAND |

Steppenwolf GmbH

Wettersteinstrasse 18

82024 Taufkirchen

DEUTSCHLAND

| Steppenwolf GmbH |
| --- |
| Keltenring 9 |
| 82041 Oberhaching |
| DEUTSCHLAND |

Steppenwolf GmbH

Keltenring 9

82041 Oberhaching

DEUTSCHLAND

Germany

A406

---

NOTICES FROM MEMBER STATES

| 1.12.2009 | EN | Official Journal of the European Union | C 291/12 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/12

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2009/C 291/06

| Reference number of State Aid | X 179/09 |
| --- | --- |
| Member State | Cyprus |
| Member State reference number | 25.06.001.728 |
| Name of the Region (NUTS) | Cyprus
  Non-assisted areas |
| Granting authority | Αρχή Ηλεκτρισμού Κύπρου |
| Αμφιπόλεως 11 |
| Στρόβολος, Τ.Θ. 24506 |
| 1399 Λευκωσία/Nicosia |
| KYΠPOΣ/CYPRUS |
| http://www.eac.com.cy/ |

Reference number of State Aid

X 179/09

Member State

Cyprus

Member State reference number

25.06.001.728

Name of the Region (NUTS)

Cyprus

Non-assisted areas

Granting authority

Αρχή Ηλεκτρισμού Κύπρου

Αμφιπόλεως 11

Στρόβολος, Τ.Θ. 24506

1399 Λευκωσία/Nicosia

KYΠPOΣ/CYPRUS

http://www.eac.com.cy/

Title of the aid measure

Νέο Σχέδιο Αγροτικής Πολιτικής Αρχής Ηλεκτρισμού Κύπρου (Α.Η.Κ) — (2007-2013)

National legal basis (Reference to the relevant national official publication)

Οι περί Αναπτύξεως Ηλεκτρισμού (Τροποποιητικοί) Κανονισμοί του 2008

Type of measure

Scheme

Amendment of an existing aid measure

Modification XS 205/08

Duration

4.8.2008-31.12.2013

Economic sector(s) concerned

Agriculture, Forestry and Fishing, Manufacture of food products

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 3,42 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission Decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

SME investment and employment aid (Article 15)

40 %

—

Web link to the full text of the aid measure:

http://www.moa.gov.cy

| Reference number of State Aid | X 180/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | 421-40306-BB |
| Name of the Region (NUTS) | Brandenburg
  Article 87(3)(a) |
| Granting authority | Landesamt für Verbraucherschutz, Landwirtschaft und Flurneuordnung (LVLF) |
| Thälmannstraße 11 |
| 14656 Brieselang |
| DEUTSCHLAND |
| http://www.mluv.brandenburg.de/info/lvlf |

Reference number of State Aid

X 180/09

Member State

Germany

Member State reference number

421-40306-BB

Name of the Region (NUTS)

Brandenburg

Article 87(3)(a)

Granting authority

Landesamt für Verbraucherschutz, Landwirtschaft und Flurneuordnung (LVLF)

Thälmannstraße 11

14656 Brieselang

DEUTSCHLAND

http://www.mluv.brandenburg.de/info/lvlf

Title of the aid measure

Zusammenarbeit von Unternehmen bzw. von Unternehmen und Forschungseinrichtungen bei der Entwicklung neuer Produkte, Verfahren und Technologien in der Land- und Ernährungswirtschaft sowie in der Forstwirtschaft

National legal basis (Reference to the relevant national official publication)

Richtlinie des Ministeriums für Ländliche Entwicklung, Umwelt und Verbraucherschutz über die Gewährung von Zuwendungen für die Zusammenarbeit bei der Entwicklung neuer Produkte, Verfahren und Technologien in der Land- und Ernährungswirtschaft sowie in der Forstwirtschaft vom 26. November 2007

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.2.2009-31.12.2013

Economic sector(s) concerned

Agriculture, Forestry and Fishing, Accommodation and Food service activities

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 0,60 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission Decision

—

If co-financed by Community funds

unbekannt — 0,45 EUR (in Mio.)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Industrial research (Article 31(2)(b))

70 %

—

Experimental development (Article 31(2)(c))

70 %

—

Aid for research and development in the agricultural and fisheries sectors (Article 34)

70 %

—

Web link to the full text of the aid measure:

http://www.mluv.brandenburg.de/cms/media.php/2317/rl_techno.pdf

| Reference number of State Aid | X 183/09 |
| --- | --- |
| Member State | United Kingdom |
| Member State reference number | — |
| Name of the Region (NUTS) | North West
  Non-assisted areas |
| Granting authority | North West Development Agency |
| Nwda PO Box 37 Renaissance House Centre Park Warrington Wa1 1xb |
| http://www.nwda.co.uk |

Reference number of State Aid

X 183/09

Member State

United Kingdom

Member State reference number

—

Name of the Region (NUTS)

North West

Non-assisted areas

Granting authority

North West Development Agency

Nwda PO Box 37 Renaissance House Centre Park Warrington Wa1 1xb

http://www.nwda.co.uk

Title of the aid measure

R&D aid to Maelstrom Limited

National legal basis (Reference to the relevant national official publication)

Regional Development Agencies Act 1998

http://www.opsi.gov.uk/Acts/acts1998/ukpga_19980045_en_1

Type of measure

Ad hoc aid

Maelstrom Limited

Amendment of an existing aid measure

—

Date of granting

1.6.2009

Economic sector(s) concerned

Manufacturing

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

GBP 0,95 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission Decision

—

If co-financed by Community funds

Measure 2.1.3 — GBP 0,80 million

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Industrial research (Article 31(2)(b))

50 %

20 %

Web link to the full text of the aid measure:

http://www.nwda.co.uk/what-we-do/projects-and-funding/state-aid.aspx

| Reference number of State Aid | X 184/09 |
| --- | --- |
| Member State | Slovakia |
| Member State reference number | MF/22335/2008-832 |
| Name of the Region (NUTS) | Bratislavský
  Article 87(3)(a) |
| Granting authority | Ministerstvo výstavby a regionálneho rozvoja Slovenskej republiky |
| Prievozská 2/B |
| 825 25 Bratislava 26 |
| SLOVENSKO/SLOVAKIA |
| http://www.build.gov.sk |

Reference number of State Aid

X 184/09

Member State

Slovakia

Member State reference number

MF/22335/2008-832

Name of the Region (NUTS)

Bratislavský

Article 87(3)(a)

Granting authority

Ministerstvo výstavby a regionálneho rozvoja Slovenskej republiky

Prievozská 2/B

825 25 Bratislava 26

SLOVENSKO/SLOVAKIA

http://www.build.gov.sk

Title of the aid measure

Schéma podpory inovácií prostredníctvom priemyselného výskumu, experimentálneho vývoja a transferu technológií pre mikro, malé a stredné podniky

National legal basis (Reference to the relevant national official publication)

| — | Zákon č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov |
| --- | --- |

—

Zákon č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov

| — | Zákon č. 523/2004 Z. z. o rozpočtových pravidlách verejnej správy a o zmene a doplnení niektorých zákonov v znení neskorších predpisov |
| --- | --- |

—

Zákon č. 523/2004 Z. z. o rozpočtových pravidlách verejnej správy a o zmene a doplnení niektorých zákonov v znení neskorších predpisov

| — | Zákon č. 172/2005 Z. z. o organizácii štátnej podpory výskumu a vývoja a o doplnení zákona č. 575/2001 Z. z. o organizácii činnosti vlády a organizácii ústrednej štátnej správy v znení neskorších predpisov |
| --- | --- |

—

Zákon č. 172/2005 Z. z. o organizácii štátnej podpory výskumu a vývoja a o doplnení zákona č. 575/2001 Z. z. o organizácii činnosti vlády a organizácii ústrednej štátnej správy v znení neskorších predpisov

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

20.1.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 1,47 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission Decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Environmental investment aid for the promotion of energy from renewable energy sources (Article 23)

45 %

—

Industrial research (Article 31(2)(b))

45 %

—

Experimental development (Article 31(2)(c))

25 %

10 %

Web link to the full text of the aid measure:

http://www.justice.gov.sk/h.aspx?pg=r2&htm=http://www.justice.gov.sk/ovest/ov9/01/012/ov012A.pdf

| Reference number of State Aid | X 190/09 |
| --- | --- |
| Member State | United Kingdom |
| Member State reference number | — |
| Name of the Region (NUTS) | Wales
  Article 87(3)(a)
  Article 87(3)(c)
  Non-assisted areas |
| Granting authority | Welsh Assembly Government |
| Plas Glyndwr |
| Kingsway |
| Cardiff |
| CF10 3AH |
| UNITED KINGDOM |
| http://new.wales.gov.uk |

Reference number of State Aid

X 190/09

Member State

United Kingdom

Member State reference number

—

Name of the Region (NUTS)

Wales

Article 87(3)(a)

Article 87(3)(c)

Non-assisted areas

Granting authority

Welsh Assembly Government

Plas Glyndwr

Kingsway

Cardiff

CF10 3AH

UNITED KINGDOM

http://new.wales.gov.uk

Title of the aid measure

Welsh Property Development Scheme

National legal basis (Reference to the relevant national official publication)

The Welsh Development Agency Act 1975 (section 1)

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Primary&PageNumber=55&NavFrom=2&activeTextDocId=515803

The Housing Grants, Construction and Regeneration Act 1996 (section 126)

http://www.opsi.gov.uk/acts/acts1996/Ukpga_19960053_en_1

The Government of Wales Act (section 80)

http://www.opsi.gov.uk/acts/acts2006/ukpga_20060032_en_1

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

GBP 2,25 million

For guarantees

—

Aid Instrument (Article 5)

Loan, Interest rate subsidy, Grant, Repayable advances

Reference to the Commission decision

—

If co-financed by Community funds

European Regional Development Fund (ERDF) — GBP 7,50 million

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

30 %

20 %

SME investment and employment aid (Article 15)

20 %

—

Web link to the full text of the aid measure:

http://wales.gov.uk/docs/det/report/090130stateaidproperty developmentscheme.pdf?lang=en

---

| 1.12.2009 | EN | Official Journal of the European Union | C 291/17 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/17

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2009/C 291/07

| Reference number of State Aid | X 191/09 |
| --- | --- |
| Member State | Lithuania |
| Member State reference number | LT |
| Name of the Region (NUTS) | Lithuania
  Article 87(3)(a) |
| Granting authority | Lietuvos Respublikos ūkio ministerija |
| Gedimino pr. 38/2 |
| LT-01104 Vilnius |
| LIETUVA/LITHUANIA |
| http://www.ukmin.lt |

Reference number of State Aid

X 191/09

Member State

Lithuania

Member State reference number

LT

Name of the Region (NUTS)

Lithuania

Article 87(3)(a)

Granting authority

Lietuvos Respublikos ūkio ministerija

Gedimino pr. 38/2

LT-01104 Vilnius

LIETUVA/LITHUANIA

http://www.ukmin.lt

Title of the aid measure

Ekonomikos augimo veiksmų programos 2 prioriteto „Verslo produktyvumo didinimas ir aplinkos verslui gerinimas“ priemonė „Kontroliuojantysis fondas“

National legal basis (Reference to the relevant national official publication)

Lietuvos Respublikos ūkio ministro 2009 m. vasario 5 d. įsakymas Nr. 4-45 „Dėl Rizikos kapitalo fondų valstybės pagalbos schemos patvirtinimo“ (Žin., 2009, Nr. 15-608)

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

5.2.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

LTL 55,00 million

For guarantees

—

Aid Instrument (Article 5)

Risk capital

Reference to the Commission Decision

—

If co-financed by Community funds

Lietuvos Respublikos Vyriausybės 2008 m. liepos 23 d. nutarimas Nr. 788 „Dėl Ekonomikos augimo veiksmų programos priedo patvirtinimo“ – 275,00 LTL (mln.)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Aid in the form of risk capital (Articles 28-29)

LTL 5 180 000

—

Web link to the full text of the aid measure:

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=336959

| Reference number of State Aid | X 192/09 |
| --- | --- |
| Member State | Poland |
| Member State reference number | PL |
| Name of the Region (NUTS) | Poland
  Article 87(3)(a) |
| Granting authority | Starosta
  około 340 podmiotów |
| Title of the aid measure | Refundacja kosztów wyposażenia lub doposażenia stanowiska pracy – pomoc w formie subsydiów płacowych na rekrutację pracowników w szczególnie niekorzystnej sytuacji oraz pracowników niepełnosprawnych |
| National legal basis (Reference to the relevant national official publication) | Rozporządzenie Ministra Pracy i Polityki Społecznej z dnia 15 stycznia 2009 r. w sprawie szczegółowych warunków i trybu dokonywania refundacji kosztów wyposażenia lub doposażenia stanowiska pracy, przyznawania bezrobotnemu środków na podjęcie działalności gospodarczej oraz form zabezpieczenia zwrotu otrzymanych środków (Dz.U. nr 5, poz. 26).
  Art. 46 ustawy z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy (tj. Dz.U. z 2008 r. nr 69, poz. 415, z późn. zm). |
| Type of measure | Scheme |
| Amendment of an existing aid measure | — |
| Duration | 16.1.2009-31.12.2013 |
| Economic sector(s) concerned | All economic sectors eligible to receive aid |
| Type of beneficiary | SME
  large enterprise |
| Annual overall amount of the budget planned under the scheme | PLN 715,50 million |
| For guarantees | — |
| Aid Instrument (Article 5) | Direct grant |
| Reference to the Commission Decision | — |
| If co-financed by Community funds | Program Operacyjny Kapitał Ludzki Narodowe Strategiczne Ramy Odniesienia 2007–2013, priorytet VI, poddziałanie 6.1.3: „Poprawa zdolności do zatrudnienia oraz podnoszenie poziomu aktywności zawodowej osób bezrobotnych“ – 180,00 PLN (w mln) |
| Objectives | Maximum aid intensity in % or maximum aid amount in national currency | SME-bonuses in % |
| Aid for the recruitment of disadvantaged workers in the form of wage subsidies (Article 40) | 50 % | — |
| Aid for the employment of disabled workers in the form of wage subsidies (Article 41) | 75 % | — |

Reference number of State Aid

X 192/09

Member State

Poland

Member State reference number

PL

Name of the Region (NUTS)

Poland

Article 87(3)(a)

Granting authority

Starosta

około 340 podmiotów

Title of the aid measure

Refundacja kosztów wyposażenia lub doposażenia stanowiska pracy – pomoc w formie subsydiów płacowych na rekrutację pracowników w szczególnie niekorzystnej sytuacji oraz pracowników niepełnosprawnych

National legal basis (Reference to the relevant national official publication)

Rozporządzenie Ministra Pracy i Polityki Społecznej z dnia 15 stycznia 2009 r. w sprawie szczegółowych warunków i trybu dokonywania refundacji kosztów wyposażenia lub doposażenia stanowiska pracy, przyznawania bezrobotnemu środków na podjęcie działalności gospodarczej oraz form zabezpieczenia zwrotu otrzymanych środków (Dz.U. nr 5, poz. 26).

Art. 46 ustawy z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy (tj. Dz.U. z 2008 r. nr 69, poz. 415, z późn. zm).

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

16.1.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

PLN 715,50 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission Decision

—

If co-financed by Community funds

Program Operacyjny Kapitał Ludzki Narodowe Strategiczne Ramy Odniesienia 2007–2013, priorytet VI, poddziałanie 6.1.3: „Poprawa zdolności do zatrudnienia oraz podnoszenie poziomu aktywności zawodowej osób bezrobotnych“ – 180,00 PLN (w mln)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Aid for the recruitment of disadvantaged workers in the form of wage subsidies (Article 40)

50 %

—

Aid for the employment of disabled workers in the form of wage subsidies (Article 41)

75 %

—

Web link to the full text of the aid measure:

http://158.66.1.108/_files_/akty_prawne_2006/akty_wykonawcze/dziennik/46_6_dzu_09_05_26.pdf

| Reference number of State Aid | X 193/09 |
| --- | --- |
| Member State | Poland |
| Member State reference number | PL – W związku z nowelizacją ustawy z dnia 20 października 1994 r. o specjalnych strefach ekonomicznych m. in. w zakresie zmiany upoważnienia dla Rady Ministrów określonego w art. 4 ustawy wydano jedno rozporządzenie Rady Ministrów określające zasady udzielania pomocy publicznej i warunki prowadzenia działalności w strefach oraz 14 rozporządzeń w sprawie poszczególnych stref (patrz załącznik 1) |
| Name of the Region (NUTS) | Poland
  Article 87(3)(a) |
| Granting authority | Minister Gospodarki |
| Plac Trzech Krzyży 3/5 |
| 00-507 Warszawa |
| POLSKA/POLAND |
| http://www.mg.gov.pl/Specjalne+strefy+ekonomiczne/Prawo/Pomoc+regionalna+dla+przedsiebiorcow/ |

Reference number of State Aid

X 193/09

Member State

Poland

Member State reference number

PL – W związku z nowelizacją ustawy z dnia 20 października 1994 r. o specjalnych strefach ekonomicznych m. in. w zakresie zmiany upoważnienia dla Rady Ministrów określonego w art. 4 ustawy wydano jedno rozporządzenie Rady Ministrów określające zasady udzielania pomocy publicznej i warunki prowadzenia działalności w strefach oraz 14 rozporządzeń w sprawie poszczególnych stref (patrz załącznik 1)

Name of the Region (NUTS)

Poland

Article 87(3)(a)

Granting authority

Minister Gospodarki

Plac Trzech Krzyży 3/5

00-507 Warszawa

POLSKA/POLAND

http://www.mg.gov.pl/Specjalne+strefy+ekonomiczne/Prawo/Pomoc+regionalna+dla+przedsiebiorcow/

Title of the aid measure

Program pomocy regionalnej udzielanej przedsiębiorcom prowadzącym działalność gospodarczą w specjalnych strefach ekonomicznych na podstawie zezwolenia wydanego po 1 stycznia 2007 r.

National legal basis (Reference to the relevant national official publication)

Patrz załącznik 2

Type of measure

Scheme

Amendment of an existing aid measure

Modification XR 98/07

Duration

1.1.2007-31.12.2013

Economic sector(s) concerned

Processing and preserving of fruit and vegetables, Manufacture of beverages, Manufacture of textiles, Manufacture of wearing apparel, Manufacture of leather and related products, Manufacture of paper and paper products, Printing and reproduction of recorded media, Manufacture of coke and refined petroleum products, Manufacture of chemicals and chemical products, Manufacture of basic pharmaceutical products and pharmaceutical preparations, Manufacture of rubber and plastic products, Manufacture of other non-metallic mineral products, Manufacture of basic metals, Manufacture of fabricated metal products, except machinery and equipment, Manufacture of computer, electronic and optical products, Manufacture of electrical equipment, Manufacture of machinery and equipment n.e.c., Manufacture of motor vehicles, trailers and semi-trailers, Manufacture of other transport equipment, Manufacture of furniture, Other manufacturing, Repair and installation of machinery and equipment, Electricity, gas, steam and air conditioning supply, Water supply; Sewerage, Waste Management and remediation activities, Construction of buildings, Programming and broadcasting activities, Telecommunications, Computer programming, consultancy and related activities, Information service activities, Financial service activities, except insurance and pension funding, Scientific research and development, Advertising and market research, Translation and interpretation activities

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

PLN 670,00 million

For guarantees

—

Aid Instrument (Article 5)

Fiscal measure

Reference to the Commission Decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

50 %

20 %

Web link to the full text of the aid measure:

http://www.mg.gov.pl/Specjalne+strefy+ekonomiczne/Prawo/Pomoc+regionalna+dla+przedsiebiorcow/

| Reference number of State Aid | X 194/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Veneto
  Article 87(3)(c) |
| Granting authority | Regione del Veneto |
| Palazzo Balbi Dorsoduro 3901 |
| 30123 Venezia VE |
| ITALIA |
| http://www.regione.veneto.it |

Reference number of State Aid

X 194/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Veneto

Article 87(3)(c)

Granting authority

Regione del Veneto

Palazzo Balbi Dorsoduro 3901

30123 Venezia VE

ITALIA

http://www.regione.veneto.it

Title of the aid measure

Aiuti alla formazione. Interventi volti a favorire l’aggiornamento e/o formazione di figure professionali dirigenziali e manageriali e la formazione dei responsabili delle risorse umane e dei rappresentanti dei lavoratori ai fini di implementare i collegamenti fra la formazione e i temi dell’innovazione e della competitività.

National legal basis (Reference to the relevant national official publication)

Programma Operativo approvato dalla Giunta Regionale con DGR n. 422 del 27.2.2007 e dalla Commissione Europea con decisione C(2007) 3329 del 13.7.2007 e C(2007) 5633 del 16.11.2007.

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

30.9.2008-31.12.2009

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 0,55 million

For guarantees

EUR 0,55 million

Aid Instrument (Article 5)

Direct grant

Reference to the Commission Decision

—

If co-financed by Community funds

dgr n. 1405 del 6.6.2008 — 0,23 milioni di EUR

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

70 %

—

General training (Article 38(2))

70 %

—

Web link to the full text of the aid measure:

http://www.regione.veneto.it/Servizi+alla+Persona/Formazione+e+Lavoro/SpazioOperatori.htm

| Reference number of State Aid | X 195/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Veneto
  Article 87(3)(c) |
| Granting authority | Regione del Veneto |
| Palazzo Balbi Dorsoduro 3901 |
| 30123 Venezia VE |
| ITALIA |
| http://www.regione.veneto.it |

Reference number of State Aid

X 195/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Veneto

Article 87(3)(c)

Granting authority

Regione del Veneto

Palazzo Balbi Dorsoduro 3901

30123 Venezia VE

ITALIA

http://www.regione.veneto.it

Title of the aid measure

Aiuti alla formazione. Attività dirette all'acquisizione di competenze tecnico-professionali funzionali all'inserimento nel sistema produttivo regionale o al perfezionamento di conoscenze e abilità proprie delle figure professionali già attive nel settore dello spettacolo.

National legal basis (Reference to the relevant national official publication)

L. 845/1978

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

5.11.2008-31.12.2009

Economic sector(s) concerned

Arts, Entertainment and Recreation

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 0,09 million

For guarantees

EUR 0,09 million

Aid Instrument (Article 5)

Grant

Reference to the Commission Decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

70 %

—

General training (Article 38(2))

70 %

—

Web link to the full text of the aid measure:

http://www.regione.veneto.it/Servizi+alla+Persona/Formazione+e+Lavoro/ModulisticaREG.htm#spettacolo

---

| 1.12.2009 | EN | Official Journal of the European Union | C 291/23 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/23

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2009/C 291/08

| Reference number of State Aid | X 196/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Veneto
  Article 87(3)(c) |
| Granting authority | Regione del Veneto |
| Palazzo Balbi Dorsoduro 3901 |
| 30123 Venezia VE |
| ITALIA |
| http://www.regione.veneto.it |

Reference number of State Aid

X 196/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Veneto

Article 87(3)(c)

Granting authority

Regione del Veneto

Palazzo Balbi Dorsoduro 3901

30123 Venezia VE

ITALIA

http://www.regione.veneto.it

Title of the aid measure

Aiuti alla formazione. Interventi formativi per l'aggiornamento delle qualifiche per l'acquisizione di nuove competenze dei lavoratori

National legal basis (Reference to the relevant national official publication)

Programma Operativo approvato dalla Giunta con dgr n. 422 del 27.2.2007 e dalla Commissione europea con decisione C(2007) 3329 del 13.7.2007 e C(2007) 5633 del 16.11.2007

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

17.9.2008-31.7.2009

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 8,60 million

For guarantees

EUR 8,60 million

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

Dgr n. 1009 del 6.5.2008 — 3,70 milioni di EUR

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

70 %

—

Specific training (Article 38(1))

35 %

—

General training (Article 38(2))

70 %

—

Web link to the full text of the aid measure:

http://www.regione.veneto.it/Servizi+alla+Persona/Formazione+e+Lavoro/Modulistica+FSE+Formazione+2007-2013.htm

| Reference number of State Aid | X 197/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Veneto
  Article 87(3)(c) |
| Granting authority | Regione del Veneto |
| Palazzo Balbi Dorsoduro 3901 |
| 30123 Venezia VE |
| ITALIA |
| http://www.regione.veneto.it |

Reference number of State Aid

X 197/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Veneto

Article 87(3)(c)

Granting authority

Regione del Veneto

Palazzo Balbi Dorsoduro 3901

30123 Venezia VE

ITALIA

http://www.regione.veneto.it

Title of the aid measure

Aiuti alla formazione. Interventi volti a sostenere l'innovazione e la competitività dei sistemi produttivi veneti

National legal basis (Reference to the relevant national official publication)

Programma Operativo approvato dalla Giunta Regionale con DGR n. 422 del 27.2.2007 e dalla Commissione europea con decisione C(2007) 3329 del 13.7.2007 e C(2007) 5633 del 16.11.2007

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

6.11.2008-31.12.2009

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 5,93 million

For guarantees

EUR 5,93 million

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

Dgr n. 2331 dell’8.8.2008 — 1,78 milioni di EUR

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

70 %

—

Specific training (Article 38(1))

35 %

—

General training (Article 38(2))

70 %

—

Web link to the full text of the aid measure:

http://www.regione.veneto.it/Servizi+alla+Persona/Formazione+e+Lavoro/SpazioOperatori.htm

| Reference number of State Aid | X 198/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Veneto
  Article 87(3)(c) |
| Granting authority | Regione del Veneto |
| Palazzo Balbi Dorsoduro 3901 |
| 30123 Venezia VE |
| ITALIA |
| http://www.regione.veneto.it |

Reference number of State Aid

X 198/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Veneto

Article 87(3)(c)

Granting authority

Regione del Veneto

Palazzo Balbi Dorsoduro 3901

30123 Venezia VE

ITALIA

http://www.regione.veneto.it

Title of the aid measure

Aiuti alla formazione. Interventi volti a sostenere la crescita professionale dei lavoratori al fine di agevolare l’innovazione delle PMI nei distretti produttivi e nei settori strategici dell’economia regionale

National legal basis (Reference to the relevant national official publication)

Programma Operativo approvato dalla Giunta Regionale con DGR n. 422 del 27.2.2007 e dalla Commissione europea con decisione C(2007) 3329 del 13.7.2007 e C(2007) 5633 del 16.11.2007

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

6.11.2008-31.12.2009

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 8,26 million

For guarantees

EUR 8,26 million

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

Dgr n. 1886 dell’8.7.2008 — 3,58 milioni di EUR

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

70 %

—

Specific training (Article 38(1))

35 %

—

General training (Article 38(2))

70 %

—

Web link to the full text of the aid measure:

http://www.regione.veneto.it/Servizi+alla+Persona/Formazione+e+Lavoro/SpazioOperatori.htm

| Reference number of State Aid | X 201/09 |
| --- | --- |
| Member State | Ireland |
| Member State reference number | ENV/09/1 |
| Name of the Region (NUTS) | Ireland
  Article 87(3)(a)
  Article 87(3)(c)
  Non-assisted areas
  Mixed |
| Granting authority | Enterprise Ireland, IDA Ireland, Shannon Development and Údarás na Gaeltachta





  Enterprise Ireland |
| The Plaza |
| East Point Business Park |
| Dublin 3 |
| IRELAND |
| http://www.enterprise-ireland.com |

Reference number of State Aid

X 201/09

Member State

Ireland

Member State reference number

ENV/09/1

Name of the Region (NUTS)

Ireland

Article 87(3)(a)

Article 87(3)(c)

Non-assisted areas

Mixed

Granting authority

Enterprise Ireland, IDA Ireland, Shannon Development and Údarás na Gaeltachta

Enterprise Ireland

The Plaza

East Point Business Park

Dublin 3

IRELAND

http://www.enterprise-ireland.com

| IDA Ireland |
| --- |
| Wilton Park House |
| Wilton Place |
| Dublin 2 |
| IRELAND |
| http://www.idaireland.com |

IDA Ireland

Wilton Park House

Wilton Place

Dublin 2

IRELAND

http://www.idaireland.com

| Shannon Development |
| --- |
| Town Centre |
| Shannon |
| Co. Clare |
| IRELAND |
| http://www.shannon-dev.ie |

Shannon Development

Town Centre

Shannon

Co. Clare

IRELAND

http://www.shannon-dev.ie

| Údarás na Gaeltachta |
| --- |
| No Forbacha |
| Gaillimh |
| IRELAND |
| http://www.udaras.ie |

Údarás na Gaeltachta

No Forbacha

Gaillimh

IRELAND

http://www.udaras.ie

Title of the aid measure

Environmental Support Initiative 2008-2013

National legal basis (Reference to the relevant national official publication)

IDA Ireland & Enterprise Ireland: Industrial Development Acts 1986 to 2006, as amended and the Science and Technology Act 1987

Údarás Na Gaeltachta: Údarás na Gaeltachta Act, 1979

Shannon Development: Shannon Free Airport Development Company Limited Act 1959, as amended

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.2.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 40,00 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Environmental investment aid for energy saving measures (Article 21)

60 %

20 %

Environmental investment aid for high efficiency cogeneration (Article 22)

45 %

20 %

Environmental investment aid for the promotion of energy from renewable energy sources (Article 23)

45 %

20 %

Aid for environmental studies (Article 24)

50 %

20 %

Web link to the full text of the aid measure:

http://www.entemp.ie/enterprise/stateaid/environmentalaid.htm

| Reference number of State Aid | X 204/09 |
| --- | --- |
| Member State | Malta |
| Member State reference number | — |
| Name of the Region (NUTS) | Malta
  Article 87(3)(a) |
| Granting authority | Malta Enterprise |
| Enterprise Centre |
| Industrial Estate |
| San Gwann |
| SGN 3000 |
| MALTA |
| http://www.maltaenterprise.com |

Reference number of State Aid

X 204/09

Member State

Malta

Member State reference number

—

Name of the Region (NUTS)

Malta

Article 87(3)(a)

Granting authority

Malta Enterprise

Enterprise Centre

Industrial Estate

San Gwann

SGN 3000

MALTA

http://www.maltaenterprise.com

Title of the aid measure

ERDF — Innovation Actions (Innov-Act) Grant

National legal basis (Reference to the relevant national official publication)

Assistance to Small and Medium-Sized Undertakings Regulations, 2008 (Legal Notice 69 of 2008) Regulation 6

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

19.1.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 0,80 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

ERDF – 2007MT161PO001 – EUR 3,40 (f'miljuni)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

30 %

20 %

Web link to the full text of the aid measure:

http://www.doi.gov.mt/EN/legalnotices/2008/02/LN%2069.pdf

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 1.12.2009 | EN | Official Journal of the European Union | C 291/28 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/28

---

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating in India

2009/C 291/09

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’).

1.   Request for review

The request was lodged by Garware Polyester Limited (‘the applicant’), an exporting producer from India.

The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product

The product under review is polyethylene terephthalate (PET) film originating in India (‘the product concerned’), currently falling within CN codes ex 3920 62 19 and ex 3920 62 90.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1292/2007 (2) on imports of polyethylene terephthalate (PET) film originating in India, as amended by Council Regulation (EC) No 15/2009 (3). Council Regulation (EC) No 1292/2007 extended the anti-dumping duty to imports of polyethylene terephthalate (PET) film consigned from Brazil and consigned from Israel whether declared as originating in Brazil or Israel or not, with the exception of certain companies specified in Article 2(4) of that Regulation.

4.   Grounds for the review

The request pursuant to Article 11(3) is based on prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were established have changed and that these changes are of lasting nature.

The applicant provided prima facie evidence that the continued imposition of the measure at its current level is no longer necessary to offset dumping. In particular, the applicant alleges that there have been significant changes in the production process of the company and that these changes have led to a substantially lower dumping margin since the imposition of the existing measures. A comparison of the applicant's domestic prices and its export prices to the Community indicates that the dumping margin appears to be substantially lower than the current level of the measure.

Therefore, the continued imposition of measures at the existing level, which was based on the level of dumping previously established, appears to be no longer necessary to offset dumping.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant.

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from other companies in India.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a).

(b)   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).

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(b).

6.   Time limits

(a)   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 37 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.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 37-day time limit.

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’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N-105 4/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 4/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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 favorable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation shall 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.   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 of 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 (5).

11.   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 Trade DG. 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 the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, see the Hearing Officer's web pages on the website of Trade DG (http://ec.europa.eu/trade).

---

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

(2)  OJ L 288, 6.11.2007, p. 1.

(3)  OJ L 6, 10.1.2009, p. 1.

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

(5)  OJ L 8, 12.1.2001, p. 1.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 1.12.2009 | EN | Official Journal of the European Union | C 291/31 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/31

---

Prior notification of a concentration

(Case COMP/M.5719 — Oaktree/SGD)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 291/10

| 1. | On 18 November 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 OCM Luxembourg Glasnost Holding S.à.r.l (Luxembourg) ultimately controlled by Oaktree Capital Management L.P. (‘Oaktree’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Cougard Investissement SAS and its subsidiaries SGD (collectively ‘SGD’, France) by way of a purchase of shares. |
| --- | --- |

1.

On 18 November 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 OCM Luxembourg Glasnost Holding S.à.r.l (Luxembourg) ultimately controlled by Oaktree Capital Management L.P. (‘Oaktree’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Cougard Investissement SAS and its subsidiaries SGD (collectively ‘SGD’, France) by way of a purchase of shares.

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






  — | for Oaktree: private equity investment funds, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Oaktree: private equity investment funds,

| — | for SGD: supply of specialty glass packaging in the perfumery, cosmetics and pharmaceutical products industries, supply of other molded glass products, such as glass bricks and glass insulators, and supply of plastic packaging products. |
| --- | --- |

—

for SGD: supply of specialty glass packaging in the perfumery, cosmetics and pharmaceutical products industries, supply of other molded glass products, such as glass bricks and glass insulators, and supply of plastic packaging products.

| 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.5719 — Oaktree/SGD, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 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.5719 — Oaktree/SGD, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---

| 1.12.2009 | EN | Official Journal of the European Union | C 291/32 |
| --- | --- | --- | --- |

1.12.2009

EN

Official Journal of the European Union

C 291/32

---

Prior notification of a concentration

(Case COMP/M.5668 — Safran/SIA/Safran Electronics Asia)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 291/11

| 1. | On 24 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 Council Regulation (EC) No 139/2004 (1) by which the undertaking Singapore Airlines Engineering Company (‘SIAEC’, Singapore), a subsidiary of Singapore Airlines Limited (Singapore) will acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation joint control of Safran Electronics Asia Private Ltd (‘SEA’, Singapore), a wholly owned subsidiary of Sagem Défense Sécurité (ultimately controlled by Safran SA, France) by way of purchase of shares and transfer of assets. |
| --- | --- |

1.

On 24 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 Council Regulation (EC) No 139/2004 (1) by which the undertaking Singapore Airlines Engineering Company (‘SIAEC’, Singapore), a subsidiary of Singapore Airlines Limited (Singapore) will acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation joint control of Safran Electronics Asia Private Ltd (‘SEA’, Singapore), a wholly owned subsidiary of Sagem Défense Sécurité (ultimately controlled by Safran SA, France) by way of purchase of shares and transfer of assets.

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






  — | Safran SA: aerospace propulsion, aircraft equipment and defence security, and, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Safran SA: aerospace propulsion, aircraft equipment and defence security, and,

| — | Singapore Airlines Limited: passenger and cargo transport, engineering services related to air transportation and airport terminal services. |
| --- | --- |

—

Singapore Airlines Limited: passenger and cargo transport, engineering services related to air transportation and airport terminal services.

| 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.5668 — Safran/SIA/Safran Electronics Asia, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 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.5668 — Safran/SIA/Safran Electronics Asia, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---