# Official Journal C 220/2 Se

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 220 |
| | |
| English edition | Information and Notices | Volume 472 September 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 220

English edition

Information and Notices

Volume 472 September 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 220/1 | Interest rate applied by the European Central Bank to its main refinancing operations: 2,02 % on 1 September 2004 — Euro exchange rates | 1 |
| 2004/C 220/2 | Prior notification of a concentration (Case No COMP/M.3552 — DEUTSCHE POST/GUIPUZCOANA) — Candidate case for simplified procedure (
  1
  ) | 2 |

Notice No

Contents

page

I   Information

Commission

2004/C 220/1

Interest rate applied by the European Central Bank to its main refinancing operations: 2,02 % on 1 September 2004 — Euro exchange rates

1

2004/C 220/2

Prior notification of a concentration (Case No COMP/M.3552 — DEUTSCHE POST/GUIPUZCOANA) — Candidate case for simplified procedure (
  1
  )

1

2

| | III   Notices |
| --- | --- |
| | Commission |
| 2004/C 220/3 | F-Loudes: Operation of scheduled air services — Invitation to tender issued by France under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) (
  1
  ) | 3 |

III   Notices

Commission

2004/C 220/3

F-Loudes: Operation of scheduled air services — Invitation to tender issued by France under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) (
  1
  )

1

3

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 2.9.2004 | EN | Official Journal of the European Union | C 220/1 |
| --- | --- | --- | --- |

2.9.2004

EN

Official Journal of the European Union

C 220/1

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Interest rate applied by the European Central Bank to its main refinancing operations (1):

2,02 % on 1 September 2004

Euro exchange rates (2)

1 September 2004

(2004/C 220/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2168 |
| JPY | Japanese yen | 133,09 |
| DKK | Danish krone | 7,4377 |
| GBP | Pound sterling | 0,67775 |
| SEK | Swedish krona | 9,137 |
| CHF | Swiss franc | 1,5386 |
| ISK | Iceland króna | 87,85 |
| NOK | Norwegian krone | 8,3695 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5774 |
| CZK | Czech koruna | 31,835 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 248,55 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,659 |
| MTL | Maltese lira | 0,4272 |
| PLN | Polish zloty | 4,4399 |
| ROL | Romanian leu | 40 910 |
| SIT | Slovenian tolar | 239,99 |
| SKK | Slovak koruna | 40,255 |
| TRL | Turkish lira | 1 832 000 |
| AUD | Australian dollar | 1,7305 |
| CAD | Canadian dollar | 1,5966 |
| HKD | Hong Kong dollar | 9,491 |
| NZD | New Zealand dollar | 1,8568 |
| SGD | Singapore dollar | 2,0799 |
| KRW | South Korean won | 1 396,95 |
| ZAR | South African rand | 8,0614 |

Currency

Exchange rate

USD

US dollar

1,2168

JPY

Japanese yen

133,09

DKK

Danish krone

7,4377

GBP

Pound sterling

0,67775

SEK

Swedish krona

9,137

CHF

Swiss franc

1,5386

ISK

Iceland króna

87,85

NOK

Norwegian krone

8,3695

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5774

CZK

Czech koruna

31,835

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

248,55

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,659

MTL

Maltese lira

0,4272

PLN

Polish zloty

4,4399

ROL

Romanian leu

40 910

SIT

Slovenian tolar

239,99

SKK

Slovak koruna

40,255

TRL

Turkish lira

1 832 000

AUD

Australian dollar

1,7305

CAD

Canadian dollar

1,5966

HKD

Hong Kong dollar

9,491

NZD

New Zealand dollar

1,8568

SGD

Singapore dollar

2,0799

KRW

South Korean won

1 396,95

ZAR

South African rand

8,0614

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(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)

Source: reference exchange rate published by the ECB.

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| 2.9.2004 | EN | Official Journal of the European Union | C 220/2 |
| --- | --- | --- | --- |

2.9.2004

EN

Official Journal of the European Union

C 220/2

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Prior notification of a concentration

(Case No COMP/M.3552 — DEUTSCHE POST/GUIPUZCOANA)

Candidate case for simplified procedure

(2004/C 220/02)

(Text with EEA relevance)

| 1. | On 25 August 2004, 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 Deutsche Post AG (‘DPAG’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Guipuzcoana/DHL (Spain), presently jointly controlled by DPAG and Investgi S.L. (‘Investgi’, Spain), by way of purchase of all shares in Investgi. |
| --- | --- |

1.

On 25 August 2004, 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 Deutsche Post AG (‘DPAG’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Guipuzcoana/DHL (Spain), presently jointly controlled by DPAG and Investgi S.L. (‘Investgi’, Spain), by way of purchase of all shares in Investgi.

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






  — | for DPAG: domestic and international postal services and financial services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for DPAG: domestic and international postal services and financial services,

| — | for Guipuzcoana/DHL: postal services in Spain and Portugal, |
| --- | --- |

—

for Guipuzcoana/DHL: postal services in Spain and Portugal,

| — | for Investgi: management and administrative services to Guipuzcoana/DHL. |
| --- | --- |

—

for Investgi: management and administrative services to Guipuzcoana/DHL.

| 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) No139/2004 (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) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3552 — Deutsche Post/Guipuzcoana, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3552 — Deutsche Post/Guipuzcoana, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

(2)  Adopted by the Commission on 20 July 2004 and available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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III Notices

Commission

| 2.9.2004 | EN | Official Journal of the European Union | C 220/3 |
| --- | --- | --- | --- |

2.9.2004

EN

Official Journal of the European Union

C 220/3

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F-Loudes: Operation of scheduled air services

Invitation to tender issued by France under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly)

(2004/C 220/03)

(Text with EEA relevance)

1.   Introduction:

Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has decided to impose a public service obligations in respect of scheduled air services operated between Le Puy-en-Velay (Loudes) and Paris (Orly). The terms of these public service obligations were published in the
  Official Journal of the European Communities No C 258 of 15 September 2001.

Insofar as by 14 December 2004 no air carrier has commenced or is about to commence scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to limit access to only one air carrier and to offer by public tender the right to operate such services from 14 January 2005.

2.   Object of the invitation to tender:

Operation from 14 January 2005 of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) in accordance with the public service obligations imposed on that route and published in the
  Official Journal of the European Communities No C 258 of 15 September 2001.

3.   Participation:

Participation is open to all air carriers holding a valid operating license issued by a Member State under Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.   Tender procedure:

This invitation to tender is subject to points (d), (e), (f), (g), (h) and (i) of Article 4(1) of Regulation (EEC) No 2408/92.

5.   Tender dossier:

The complete tender dossier, comprising the specific rules governing the invitation to tender and the public service delegation agreement together with its technical annex (text of the public service obligations published in the Official Journal of the European Communities) may be obtained free of charge from:

Syndicat Mixte de Gestion Aérodrome Départemental Le Puy-en-Velay/Loudes, Aérodrome de Loudes, F-43320 Loudes. Tel.: 33 (0) 04 71 08 61 87. Fax: 33 (0) 04 71 08 66 40.

6.   Financial compensation:

The tenders submitted will indicate the amount required by way of compensation for operating the service for three years from the scheduled starting date (with an annual breakdown). The exact amount of compensation finally granted will be determined each year ex-post on the basis of the costs and revenue actually generated by the service, within the limits of the amount given in the tender. This maximum limit may be revised only in the event of an unforeseen change in the operating conditions.

The annual payments will be made in the form of instalments and a balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in point 8 below.

In the event of termination of the contract before its normal expiry date, point 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.

7.   Duration of the contract:

The duration of the contract (public service delegation agreement) is three years from the date scheduled for the beginning of the services mentioned in point 2 of this invitation to tender.

8.   Verification of the operation of the service and of the carrier's accounts:

The operation of the service and the carrier's cost accounting for the route in question will be the subject of at least one annual examination in cooperation with the carrier.

9.   Termination of contract and notice:

The contract may be terminated by either party before its normal expiry date only if six months notice is given. If the carrier fails to respect a public service obligation, it shall be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligations within one month of the serving of formal notice.

10.   Penalties:

Failure by the carrier to observe the period of notice referred to in point 9 will be subject either to an administrative fine of up to 7 622,45 EUR pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in point 6.

In the event of serious breaches of the public service obligation, the contract may be cancelled and the carrier deemed to have terminated the contract without notice.

In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in point 6 shall be reduced, without prejudice to the application of the provisions of article R.330-20 of the Civil Aviation Code. Such reductions shall take account, where appropriate, of the number of flights cancelled for reasons attributable to the carrier, the number of flights made with a capacity lower than that required, the number of flights which failed to comply with the public service obligation as regards stopovers, and the number of days on which the public service obligation was not complied with as regards time at destination, fares charged, and the use of computerised reservation services.

11.   Submission of tenders:

Tenders must be sent by registered letter with acknowledgement of receipt, the postmark serving as proof, or delivered by hand with receipt, at the latest six weeks from the date of publication of this invitation to tender in the Official Journal of the European Communities, before 17.00 hours (local time) to the following address:

Syndicat Mixte de Gestion Aérodrome Départemental Le Puy-en-Velay/Loudes, Aérodrome de Loudes, F-43320 Loudes. Tel.: 33 (0) 04 71 08 61 87. Fax: 33 (0) 04 71 08 66 40.

12.   Validity of the invitation to tender:

In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92 of 23 July 1992, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 14 December 2004 a programme for operating the route in question as from 14 January 2005, in accordance with the public service obligation imposed, without receiving any financial compensation.

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