# Official Journal C 292/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 292 |
| | |
| English edition | Information and Notices | Volume 491 December 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 292

English edition

Information and Notices

Volume 491 December 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 292/1 | Euro exchange rates | 1 |
| 2006/C 292/2 | Radio astronomy stations to be protected pursuant to Article 6(2) of Decision 2005/50/EC | 2 |
| 2006/C 292/3 | Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  ) | 3 |
| 2006/C 292/4 | State aid — United Kingdom — State aid No C 40/2006 (ex NN 96/2005) — Loan assistance schemes — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  ) | 6 |
| 2006/C 292/5 | Guidelines on National Regional aid for 2007-2013 — National regional State aid map: Ireland | 11 |
| 2006/C 292/6 | Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  ) | 13 |
| 2006/C 292/7 | Prior notification of a concentration (Case COMP/M.4459 — Rettig Capital/Ahlström Capital/Nordkalk) — Candidate case for simplified procedure (
  1
  ) | 15 |

Notice No

Contents

page

I   Information

Commission

2006/C 292/1

Euro exchange rates

1

2006/C 292/2

Radio astronomy stations to be protected pursuant to Article 6(2) of Decision 2005/50/EC

2

2006/C 292/3

Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  )

1

3

2006/C 292/4

State aid — United Kingdom — State aid No C 40/2006 (ex NN 96/2005) — Loan assistance schemes — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  )

1

6

2006/C 292/5

Guidelines on National Regional aid for 2007-2013 — National regional State aid map: Ireland

11

2006/C 292/6

Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  )

1

13

2006/C 292/7

Prior notification of a concentration (Case COMP/M.4459 — Rettig Capital/Ahlström Capital/Nordkalk) — Candidate case for simplified procedure (
  1
  )

1

15

| | III   Notices |
| --- | --- |
| | Commission |
| 2006/C 292/8 | Media 2007 — Development, distribution and promotion — Conditional call for proposals — EACEA/11/06 — Measures to support Promotion and Market Access | 16 |
| 2006/C 292/9 | F-Béziers: Operation of scheduled air services — Operation of scheduled air services between Béziers and Paris (Orly) — Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service | 18 |

III   Notices

Commission

2006/C 292/8

Media 2007 — Development, distribution and promotion — Conditional call for proposals — EACEA/11/06 — Measures to support Promotion and Market Access

16

2006/C 292/9

F-Béziers: Operation of scheduled air services — Operation of scheduled air services between Béziers and Paris (Orly) — Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service

18

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 1.12.2006 | EN | Official Journal of the European Union | C 292/1 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/1

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Euro exchange rates (1)

30 November 2006

(2006/C 292/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3200 |
| JPY | Japanese yen | 153,29 |
| DKK | Danish krone | 7,4546 |
| GBP | Pound sterling | 0,67425 |
| SEK | Swedish krona | 9,0661 |
| CHF | Swiss franc | 1,5916 |
| ISK | Iceland króna | 90,15 |
| NOK | Norwegian krone | 8,1660 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5780 |
| CZK | Czech koruna | 27,972 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 256,27 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6978 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8113 |
| RON | Romanian leu | 3,4349 |
| SIT | Slovenian tolar | 239,66 |
| SKK | Slovak koruna | 35,530 |
| TRY | Turkish lira | 1,9210 |
| AUD | Australian dollar | 1,6753 |
| CAD | Canadian dollar | 1,5053 |
| HKD | Hong Kong dollar | 10,2667 |
| NZD | New Zealand dollar | 1,9330 |
| SGD | Singapore dollar | 2,0352 |
| KRW | South Korean won | 1 226,74 |
| ZAR | South African rand | 9,5479 |
| CNY | Chinese yuan renminbi | 10,3401 |
| HRK | Croatian kuna | 7,3615 |
| IDR | Indonesian rupiah | 12 097,80 |
| MYR | Malaysian ringgit | 4,7758 |
| PHP | Philippine peso | 65,498 |
| RUB | Russian rouble | 34,7140 |
| THB | Thai baht | 47,399 |

Currency

Exchange rate

USD

US dollar

1,3200

JPY

Japanese yen

153,29

DKK

Danish krone

7,4546

GBP

Pound sterling

0,67425

SEK

Swedish krona

9,0661

CHF

Swiss franc

1,5916

ISK

Iceland króna

90,15

NOK

Norwegian krone

8,1660

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5780

CZK

Czech koruna

27,972

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

256,27

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6978

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8113

RON

Romanian leu

3,4349

SIT

Slovenian tolar

239,66

SKK

Slovak koruna

35,530

TRY

Turkish lira

1,9210

AUD

Australian dollar

1,6753

CAD

Canadian dollar

1,5053

HKD

Hong Kong dollar

10,2667

NZD

New Zealand dollar

1,9330

SGD

Singapore dollar

2,0352

KRW

South Korean won

1 226,74

ZAR

South African rand

9,5479

CNY

Chinese yuan renminbi

10,3401

HRK

Croatian kuna

7,3615

IDR

Indonesian rupiah

12 097,80

MYR

Malaysian ringgit

4,7758

PHP

Philippine peso

65,498

RUB

Russian rouble

34,7140

THB

Thai baht

47,399

---

(1)

Source: reference exchange rate published by the ECB.

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| 1.12.2006 | EN | Official Journal of the European Union | C 292/2 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/2

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Radio astronomy stations to be protected pursuant to Article 6(2) of Decision 2005/50/EC

(2006/C 292/02)

| Member State | Name of station | Geographic latitude | Geographic L-longitude | Radius of exclusion zone (m) |
| --- | --- | --- | --- | --- |
| Germany | EFFELSBERG | 50° 31′ 32′′ N | 06° 53′ 00′′E | 6 500 |
| Spain | ROBLEDO | 40° 25′ 38′′ N | 04° 14′ 57′′ W | 7 000 |
| YEBES | 40° 31′ 27′′ N | 03° 05′ 22′′ W | 15 000 |
| France | Plateau de BURE | 44° 38′ 01′′ N | 05° 54′ 26′′ E | 35 000 |
| FLOIRAC | 44° 50′ 10′′ N | 00° 31′ 37′′ W | 35 000 |
| Italy | MEDICINA | 44° 31′ 15′′ N | 11° 38′ 49′′ E | 20 000 |
| NOTO | 36° 52′ 34′′ N | 14° 59′ 21′′ E | 8 000 |
| SAN BASILIO | 39° 29′ 50′′ N | 09° 14′ 40′′ E | 15 000 |
| Latvia | VENTSPILS | 57° 33′ 12′′ N | 21° 51′ 17′′ E | 8 500 |
| Hungary | PENC | 47° 47′ 22′′ N | 19° 16′ 53′′E | 2 000 |
| Poland | FORT SKALA | 50° 03′ 18′′ N | 19° 49′ 36′′E | 1 000 |
| PIWNICE | 52° 54′ 48′′ N | 18° 33′ 30′′ E | 1 000 |
| Finland | METSAHOVI | 60° 13′ 04′′ N | 24° 23′ 37′′ E | 7 000 |
| TUORLA | 60° 24′ 56′′ N | 22° 26′ 31′′ E | 5 000 |
| Sweden | ONSALA | 57° 23′ 45′′ N | 11° 55′ 35′′ E | 12 000 |
| United Kingdom | CAMBRIDGE | 52° 09′ 59′′ N | 00° 02′ 20′′ E | 9 000 |
| DARNHALL | 53° 09′ 22′′ N | 02° 32′ 03′′ W | 5 000 |
| JODRELL BANK | 53° 14′ 10′′ N | 02° 18′ 26′′ W | 9 000 |
| KNOCKIN | 52° 47′ 24′′ N | 02° 59′ 45′′ W | 5 000 |
| PICKMERE | 53° 17′ 18′′ N | 02° 26′ 38′′ W | 5 000 |

Member State

Name of station

Geographic latitude

Geographic L-longitude

Radius of exclusion zone (m)

Germany

EFFELSBERG

50° 31′ 32′′ N

06° 53′ 00′′E

6 500

Spain

ROBLEDO

40° 25′ 38′′ N

04° 14′ 57′′ W

7 000

YEBES

40° 31′ 27′′ N

03° 05′ 22′′ W

15 000

France

Plateau de BURE

44° 38′ 01′′ N

05° 54′ 26′′ E

35 000

FLOIRAC

44° 50′ 10′′ N

00° 31′ 37′′ W

35 000

Italy

MEDICINA

44° 31′ 15′′ N

11° 38′ 49′′ E

20 000

NOTO

36° 52′ 34′′ N

14° 59′ 21′′ E

8 000

SAN BASILIO

39° 29′ 50′′ N

09° 14′ 40′′ E

15 000

Latvia

VENTSPILS

57° 33′ 12′′ N

21° 51′ 17′′ E

8 500

Hungary

PENC

47° 47′ 22′′ N

19° 16′ 53′′E

2 000

Poland

FORT SKALA

50° 03′ 18′′ N

19° 49′ 36′′E

1 000

PIWNICE

52° 54′ 48′′ N

18° 33′ 30′′ E

1 000

Finland

METSAHOVI

60° 13′ 04′′ N

24° 23′ 37′′ E

7 000

TUORLA

60° 24′ 56′′ N

22° 26′ 31′′ E

5 000

Sweden

ONSALA

57° 23′ 45′′ N

11° 55′ 35′′ E

12 000

United Kingdom

CAMBRIDGE

52° 09′ 59′′ N

00° 02′ 20′′ E

9 000

DARNHALL

53° 09′ 22′′ N

02° 32′ 03′′ W

5 000

JODRELL BANK

53° 14′ 10′′ N

02° 18′ 26′′ W

9 000

KNOCKIN

52° 47′ 24′′ N

02° 59′ 45′′ W

5 000

PICKMERE

53° 17′ 18′′ N

02° 26′ 38′′ W

5 000

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| 1.12.2006 | EN | Official Journal of the European Union | C 292/3 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/3

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Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products

(2006/C 292/03)

(Text with EEA relevance)

Aid No: XF 6/06

Member State: Italy

Region: Marche

Title of the aid scheme: Reg. (EC) No 2792/1999 as amended — Implementation of on-shore measures in the SPD Structural measures in the fisheries sector 2000-06 — definition of the criteria governing the granting of financial aid.

Legal basis: Delibera di Giunta Regionale n. 457 del 19 aprile 2006

Planned annual expenditure under the scheme: limited to the payments for the present year (2006) totalling EUR 1 038 760,80, comprising

EUR 440 000,00 for measure 3.2 Aquaculture and marine fish farming;

EUR 300 000,00 for measure 3.4 Processing and marketing;

EUR 150 000,00 for measure 4.4 Measures taken by operators in the sector;

EUR 148 760,80 for measure 4.6 Innovative measures.

These amounts may be adjusted in the light of actual needs (eligible applications received), and increased if further financial resources become available under the draft budget for 2006.

Maximum intensity of the aid: the intensity of the aid varies depending on the type of measure taken; in any case it complies with the maximum limits set out in Annex IV to Regulation (EC) No 2792/1999 as amended.

Specifically, the aid intensity as a percentage of eligible expenditure will be:

for measure 3.2 Aquaculture and marine fish farming, 40 %, or up to 50 % where the assistance being financed concerns the use of techniques likely to reduce substantially the impact on the environment;

for measure 3.4 Processing and marketing, 40 %;

for measure 4.4 Measures taken by operators in the sector, 40 %, or 80 % where these are operations of general interest;

for measure 4.6 Innovative measures, 70 %.

Date of application: from 2006, according to the following timetable:

Duration of the scheme: this is a one-off payment, payable only in respect of applications submitted by the deadlines laid down and accepted as eligible.

Purpose of the aid: regeneration of the fisheries sector, product diversification through the development of aquaculture, encouragement for innovation, training, experimentation through innovative projects

In particular,

for Measure 3.2: constructing, improving or upgrading aquaculture facilities, whether at sea or on land, and promoting the diversification of products from existing plants, in order to bring production into line with demand for fisheries products as regards both quality and quantity, and develop production which seeks to have a lower impact on the environment;

for Measure 3.4: enabling fisheries firms, and more generally those operating in the fisheries sector, to carry out structural and technological investments to improve product quality, working conditions and incomes, modernise the sector and provide added value;

for Measure 4.4: encouraging short-term measures outside the normal activities of associations or organisations in the sector to modernise the fisheries and aquaculture sector in accordance with the objectives of the common fisheries policy;

for Measure 4.6: activating pilot projects through studies, research, experimental projects based on innovative methodologies, which, when the experiment is complete, will benefit the fisheries sector, in accordance with the objectives of the common fisheries policy.

Which of articles 4 to 12 is being used and what are the eligible costs covered by the scheme?: For each measure the articles of Regulation (EC) No 1595/2004 on which the aid scheme introduced under D.G.R. No 457/2006 are given below, with a summary of the expenditure considered eligible in accordance with Regulation (EC) No 448/2004:

| — | Article 11 of Regulation (EC) No 1595/2004; eligible costs relating to goods and gear relevant to aquaculture facilities (buoys, anchorages, ropes, cages), walls and equipment strictly necessary to plant and/or accessories, purchase of buildings and unbuilt on land, fifth-category vessels for the exclusive use of the plant, extraordinary maintenance, bringing resources into line with the needs of the plant (insulation, vehicle-mounted refrigerating plant), specific relevant software, technical and project expenditure up to 10 % of the remaining eligible expenditure; |
| --- | --- |

—

Article 11 of Regulation (EC) No 1595/2004; eligible costs relating to goods and gear relevant to aquaculture facilities (buoys, anchorages, ropes, cages), walls and equipment strictly necessary to plant and/or accessories, purchase of buildings and unbuilt on land, fifth-category vessels for the exclusive use of the plant, extraordinary maintenance, bringing resources into line with the needs of the plant (insulation, vehicle-mounted refrigerating plant), specific relevant software, technical and project expenditure up to 10 % of the remaining eligible expenditure;

| — | Article 8 of Regulation (EC) No 1595/2004; eligible costs relating to building and plant works strictly relating to structures, goods and equipment, buildings and/or fixed structures only when directly connected to the purposes of the investment project to be carried out, technical and project expenditure up to 10 % of the remaining eligible expenditure; |
| --- | --- |

—

Article 8 of Regulation (EC) No 1595/2004; eligible costs relating to building and plant works strictly relating to structures, goods and equipment, buildings and/or fixed structures only when directly connected to the purposes of the investment project to be carried out, technical and project expenditure up to 10 % of the remaining eligible expenditure;

| — | Article 4 of Regulation (EC) No 1595/2004; eligible costs relating to the purchase and installation of equipment, apparatus, specific software strictly related to the work of the project, technical and scientific cooperation, professional advice, instruction, training material, studies, scientific inquiries, technical reports, the costs of acceding to rules, quality systems, environmental certificates, general costs up to 5 % of the eligible expenditure strictly related to the work of the project; |
| --- | --- |

—

Article 4 of Regulation (EC) No 1595/2004; eligible costs relating to the purchase and installation of equipment, apparatus, specific software strictly related to the work of the project, technical and scientific cooperation, professional advice, instruction, training material, studies, scientific inquiries, technical reports, the costs of acceding to rules, quality systems, environmental certificates, general costs up to 5 % of the eligible expenditure strictly related to the work of the project;

| — | Article 6 of Regulation (EC) No 1595/2004; eligible costs relating to equipment, specific software, small-scale plants for demonstration purposes, expenditure on related technical and project work, up to 5 % of the works to be carried out, printing or production of communication and information material (paper, computer, audio) up to 5 % of the eligible investment, costs of organising conferences, seminars (speakers' expenses, paper and computer material, printing of invitations, etc.), up to 5 % of the eligible investment, technical and scientific cooperation, consultancies, up to 50 % of the eligible investment. |
| --- | --- |

—

Article 6 of Regulation (EC) No 1595/2004; eligible costs relating to equipment, specific software, small-scale plants for demonstration purposes, expenditure on related technical and project work, up to 5 % of the works to be carried out, printing or production of communication and information material (paper, computer, audio) up to 5 % of the eligible investment, costs of organising conferences, seminars (speakers' expenses, paper and computer material, printing of invitations, etc.), up to 5 % of the eligible investment, technical and scientific cooperation, consultancies, up to 50 % of the eligible investment.

Sector or sectors concerned: sea fishing, aquaculture, processing and or marketing.

Name and address of the authority granting the aid:

| Regione Marche |
| --- |
| Servizio Agricoltura, Forestazione e Pesca P.F. Pesca ed Acquacoltura |
| via Tiziano, 44 |
| I-60125 Ancona |

Regione Marche

Servizio Agricoltura, Forestazione e Pesca P.F. Pesca ed Acquacoltura

via Tiziano, 44

I-60125 Ancona

Website: www.pesca.marche.it

www.regione.marche.it (rubrique ‘Il bollettino ufficiale’)

www.norme.marche.it (rubrique ‘Delibere di Giunta’)

Aid No: XF 7/06

Member State: Spain

Region: Galicia

Title of aid scheme or name of company receiving an individual aid: Aid to joint-interest organisations operating at provincial or Autonomous-Community level

Legal basis: Orden de 29 de mayo de 2006 por la que se convocan ayudas a entidades de interés colectivo de ámbito provincial o autonómico para el ejercicio 2006, Decreto Legislativo 1/1999, de 7 de octubre, por el que se apueba el texto refundido de la Ley de régimen financiero y presupuestario de Galicia, Decreto 287/2000, de 21 de noviembre, por el que se desarrolla el régimen de ayudas y subvenciones públicas de la Comunidad Autónoma de Galicia y Ley 38/2003, de 17 de noviembre, general de subvenciones.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The maximum amount of aid for 2006 is EUR 417 000.

Maximum aid intensity (indicate the maximum aid intensity or the maximum aid amount per eligible item): The maximum intensity is up to 100 % of the investment. Organisations' ongoing operating costs are not eligible.

Date of implementation (indicate the date from which aid may be granted under the scheme or when the individual aid is granted):

Duration of scheme:

Objective of aid: Activities to promote sectoral organisation and to train members of joint- interest organisations operating at provincial or Autonomous-Community level and based in Galicia. In particular, the financing of activities which involve one or more of the following:

Indicate which ones of Article 4 to 12 is used and the eligible costs covered by the scheme or individual aid: Article 4 of Regulation (EC) No 1595/2004. Eligible costs are those linked to contracting qualified staff, managers and management bodies in accordance with technical and management needs; acquiring equipment for processing information and for communication and computer applications; costs linked to organising training and capacity-building courses for managers or members; costs linked to holding meetings, workshops, and debating forums between joint-interest organisations in order to enhance cooperation.

Sector(s) concerned: Fisheries

Name and address of the granting authority:

| Consellería de Pesca y Asuntos Marítimos. |
| --- |
| Edificio Administrativo San Caetano, 5. |
| E-15.781 Santiago de Compostela (A Coruña) |

Consellería de Pesca y Asuntos Marítimos.

Edificio Administrativo San Caetano, 5.

E-15.781 Santiago de Compostela (A Coruña)

Web address: www.xunta.es/conselle/pe/index.htm

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| 1.12.2006 | EN | Official Journal of the European Union | C 292/6 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/6

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STATE AID — UNITED KINGDOM

State aid No C 40/2006 (ex NN 96/2005) — Loan assistance schemes

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

(2006/C 292/04)

(Text with EEA relevance)

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

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

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

European Commission

Directorate General for Fisheries

DG FISH/D/3 ‘Legal Issues’

B-1049 Brussels

Fax: (32-2) 2 295 19 42

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

SUMMARY

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

Salmon Farming Loan Assistance was granted between 2000 and 2003 for the purpose of providing working capital loans to individual salmon farming companies. The loans vary from GBP 87 000 to GBP 250 000, with a maximum of 75 %, with a total of GBP 3 477 130. The loans were subject to interests at rates corresponding to the applicable European interest rate plus 2 %. In order to secure the loan, it was granted under the condition that the lender took the ‘right of title’ on the smolts (young salmon).

Under the Loan scheme for fish processing 5 loans have been provided during the period from 1996 to 2002 to fish processors. The loans vary from GBP 73 000 to GBP 200 000, with a total of GBP 698 300.

Public loans must be regarded to benefit undertakings if they are decided upon in circumstances which would not be acceptable to a private investor acting under normal market-economy principles. From the information provided by the United Kingdom, it can at this stage not be established whether the loans indeed can be deemed to be commercial loans, given under conditions that would be acceptable to a normal private lender. The loans thus appear to be State aid in the sense of Article 87 of the EC Treaty.

State aid to the fisheries sector may be deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time of granting of the aid.

As no information is available about the individual loans, it cannot be established at this stage whether the loans have been granted for specific investments made by the companies concerned or whether they have been given as a general loan to improve de liquidity of the company. In the first case the loans must be regarded as to be investment aids, in the second case they are operating aid.

As far as operating aid is concerned, such aid, which is granted without imposing any obligations serving the objectives of the Common Fisheries Policy on the part of the recipients and which is intended to improve the situation of the undertakings and increase their business liquidity, is according to all Guidelines incompatible with the common market.

As far as the loans could be deemed to be aid for investments made by the recipients different conditions apply for both schemes concerned. With regard to the Fish farming loans, according to Regulation (EC) No 3699/93 aid to aquaculture may involve physical investments in the construction, equipping, expansion and modernisation of aquaculture installations and concerning projects to demonstrate, on a scale approaching that of normal productive investments, the technical and economic viability of farming species not yet commercially exploited in the aquaculture sector or innovative farming techniques, provided that they are based on successful research work. Aid may be granted up to 60 % of the eligible costs. According to Regulation (EC) No 2792/1999 aid may be granted for aquaculture investments provided that the promoters of intensive fish-farming projects shall forward the information provided for in the Annex IV to Directive 85/337/EEC to the management authority together with their application for public aid. The management authority shall decide whether the project must be submitted for assessment under Articles 5 and 10 of that Directive. The costs for this assessment shall be eligible for assistance. Aid may be granted up to 60 % of the eligible costs.

As regards the loans for fish processing, eligible investments shall relate in particular to the construction and acquisition of buildings and installation, the acquisition of new equipment and installations needed for the processing and the marketing of fishery and aquaculture products between the time of landing and the end-product stage and the application of new technologies intended in particular to improve competitiveness. Investments shall not be eligible when they concern fishery and aquaculture products intended for purposes other than human consumption. Aid may be granted up to 60 % of the eligible costs.

From the information available to the Commission, the Commission is at this stage unable to establish whether the conditions have been complied with. As specific information on the types of investments for which the loans have been granted and calculations with regard to the compatibility with the aid rate are lacking, the Commission therefore at this stage has serious doubts on the compatibility of the Loan assistance schemes with the common market.

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

TEXT OF LETTER

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

‘(1)

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

1.   PROCEDURE

| (2) | By letter of 15 June 2004 the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the authorities of the Shetland Islands of the United Kingdom. By letters of 24 August 2004, 4 February, 11 May and 16 December 2005 the Commission has requested the United Kingdom authorities to provide information about these measures, to which the United Kingdom authorities responded by letters of 10 December 2004, 6 April, 8 September 2005, 31 January and 23 February 2006. |
| --- | --- |

(2)

By letter of 15 June 2004 the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the authorities of the Shetland Islands of the United Kingdom. By letters of 24 August 2004, 4 February, 11 May and 16 December 2005 the Commission has requested the United Kingdom authorities to provide information about these measures, to which the United Kingdom authorities responded by letters of 10 December 2004, 6 April, 8 September 2005, 31 January and 23 February 2006.

2.   DESCRIPTION

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

(3)

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

| (4) | Under Loan assistance schemes aid has been granted to fish processors, by way of aids granted through the Fish processors association, and to fish farmers, by way of aid granted through the Fish farming association. |
| --- | --- |

(4)

Under Loan assistance schemes aid has been granted to fish processors, by way of aids granted through the Fish processors association, and to fish farmers, by way of aid granted through the Fish farming association.

| (5) | According to Article 88(3) of the EC Treaty Member State have to inform the Commission of any plans to grant or alter aid. The United Kingdom have until now not been able to provide evidence that the aid measures existed already before the United Kingdom joined the European Economic Community and thus would have to be regarded as existing aids. Moreover, the United Kingdom has confirmed to have altered the aids over the years without notification to the Commission. |
| --- | --- |

(5)

According to Article 88(3) of the EC Treaty Member State have to inform the Commission of any plans to grant or alter aid. The United Kingdom have until now not been able to provide evidence that the aid measures existed already before the United Kingdom joined the European Economic Community and thus would have to be regarded as existing aids. Moreover, the United Kingdom has confirmed to have altered the aids over the years without notification to the Commission.

Salmon Farming Loan Assistance

| (6) | The Salmon Farming Loan Assistance was established in 2000 for the purpose of providing working capital loans to individual salmon farming companies. The loans granted under the scheme vary from GBP 87 000 to GBP 250 000, with a maximum of 75 %. The total amount of the loans granted is GBP 3 477 130. |
| --- | --- |

(6)

The Salmon Farming Loan Assistance was established in 2000 for the purpose of providing working capital loans to individual salmon farming companies. The loans granted under the scheme vary from GBP 87 000 to GBP 250 000, with a maximum of 75 %. The total amount of the loans granted is GBP 3 477 130.

| (7) | The loans have been made to companies that could demonstrate viability through the productions of an acceptable business plan and financial projections for a period covering at least three years. The loans were subject to interests at rates corresponding to the applicable European reference rate plus 2 %. In order to secure the loan, it was granted under the condition that the lender took the “right of title” on the smolts (young salmon), thus securing the loan on the basis of the sale value of the adult fish |
| --- | --- |

(7)

The loans have been made to companies that could demonstrate viability through the productions of an acceptable business plan and financial projections for a period covering at least three years. The loans were subject to interests at rates corresponding to the applicable European reference rate plus 2 %. In order to secure the loan, it was granted under the condition that the lender took the “right of title” on the smolts (young salmon), thus securing the loan on the basis of the sale value of the adult fish

Loan scheme for fish processing

| (8) | Under the Loan scheme for fish processing 5 loans have been provided during the period from 1996 to 2002. The loans vary from GBP 73 000 to GBP 200 000, with a total of GBP 698 300. The loans have been made to companies that during the period of the loan undertook to provide professionally audited accounts, to work to the relevant national and EU standards on hygiene, health and safety, and to be a member of Shetland Fish Processor's Association. |
| --- | --- |

(8)

Under the Loan scheme for fish processing 5 loans have been provided during the period from 1996 to 2002. The loans vary from GBP 73 000 to GBP 200 000, with a total of GBP 698 300. The loans have been made to companies that during the period of the loan undertook to provide professionally audited accounts, to work to the relevant national and EU standards on hygiene, health and safety, and to be a member of Shetland Fish Processor's Association.

3.   COMMENTS FROM THE UNITED KINGDOM

| (9) | The United Kingdom states that the aid schemes “Aid to the Fish Catching and Processing Industry” and “Aid to the Fish Farming Industry” have already been applied before the accession of the United Kingdom to the European Economic Community. The United Kingdom is however not able to provide any evidence of the existence of these schemes at the time of accession. |
| --- | --- |

(9)

The United Kingdom states that the aid schemes “Aid to the Fish Catching and Processing Industry” and “Aid to the Fish Farming Industry” have already been applied before the accession of the United Kingdom to the European Economic Community. The United Kingdom is however not able to provide any evidence of the existence of these schemes at the time of accession.

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

(10)

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

| (11) | Finally the United Kingdom states that although the schemes and the amendments to the schemes have been applied without prior notification to the Commission, they have been applied in accordance with the conditions laid down in the Guidelines for the examination of State aid to fisheries and aquaculture applicable of the time aid was granted under the schemes. The United Kingdom contests therefore that the aids are incompatible with the common market. |
| --- | --- |

(11)

Finally the United Kingdom states that although the schemes and the amendments to the schemes have been applied without prior notification to the Commission, they have been applied in accordance with the conditions laid down in the Guidelines for the examination of State aid to fisheries and aquaculture applicable of the time aid was granted under the schemes. The United Kingdom contests therefore that the aids are incompatible with the common market.

| (12) | The United Kingdom states that the Loan assistance schemes both must be considered not to fall under the scope of the State aid rules. The loans represent arms length, commercial, private investor transactions undertaken on an entirely commercial basis. |
| --- | --- |

(12)

The United Kingdom states that the Loan assistance schemes both must be considered not to fall under the scope of the State aid rules. The loans represent arms length, commercial, private investor transactions undertaken on an entirely commercial basis.

4.   ASSESSMENT

| (13) | It must be determined first if the measure can be regarded as State aid and, if this is the case, if this aid is compatible with the common market. |
| --- | --- |

(13)

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

4.1.   State aid

| (14) | According to Article 87(1) of the EC Treaty, “save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market”. |
| --- | --- |

(14)

According to Article 87(1) of the EC Treaty, “save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market”.

| (15) | Four conditions are required for classifying a measure as a State aid: first, the measure must provide some advantage to the undertakings which benefit from it; second, the aid must be granted by the State or through State resources; third, it must distort or threaten to distort competition by favouring certain undertakings; and, finally, must affect trade between Member States. |
| --- | --- |

(15)

Four conditions are required for classifying a measure as a State aid: first, the measure must provide some advantage to the undertakings which benefit from it; second, the aid must be granted by the State or through State resources; third, it must distort or threaten to distort competition by favouring certain undertakings; and, finally, must affect trade between Member States.

| (16) | Public loans must be regarded to benefit undertakings if they are decided upon in circumstances which would not be acceptable to a private investor acting under normal market-economy principles. |
| --- | --- |

(16)

Public loans must be regarded to benefit undertakings if they are decided upon in circumstances which would not be acceptable to a private investor acting under normal market-economy principles.

| (17) | From the information provided by the United Kingdom it can at this stage not be established whether indeed, as stated by the authorities, that the loans can be deemed to be commercial loans, given under conditions that would be acceptable to a normal private lender. |
| --- | --- |

(17)

From the information provided by the United Kingdom it can at this stage not be established whether indeed, as stated by the authorities, that the loans can be deemed to be commercial loans, given under conditions that would be acceptable to a normal private lender.

| (18) | For the Salmon Farming Loan Assistance it is stated that the loans are given at a rate of 2 % above the applicable European reference rate. No or insufficient information is provided concerning the duration of the loans and the value of the security taken. In order however to establish the exact conditions of the loan and to assess the value of the security taken on the smolts, it is necessary to obtain the precise conditions of each of the loans granted during the years 2000 to 2003. |
| --- | --- |

(18)

For the Salmon Farming Loan Assistance it is stated that the loans are given at a rate of 2 % above the applicable European reference rate. No or insufficient information is provided concerning the duration of the loans and the value of the security taken. In order however to establish the exact conditions of the loan and to assess the value of the security taken on the smolts, it is necessary to obtain the precise conditions of each of the loans granted during the years 2000 to 2003.

| (19) | With regard to the Loan scheme for fish processing even less information is provided. Apart from the general statement that the loans have been granted under similar conditions as the loans for the salmon farming and that they must be regarded to have been commercial loans, no further details are given. |
| --- | --- |

(19)

With regard to the Loan scheme for fish processing even less information is provided. Apart from the general statement that the loans have been granted under similar conditions as the loans for the salmon farming and that they must be regarded to have been commercial loans, no further details are given.

| (20) | Therefore at this stage, from the information available, the Commission is unable to verify whether the loans indeed have been granted in a way and under conditions which would have been acceptable to a normal private lender. |
| --- | --- |

(20)

Therefore at this stage, from the information available, the Commission is unable to verify whether the loans indeed have been granted in a way and under conditions which would have been acceptable to a normal private lender.

| (21) | Loans that have been granted under more favourable circumstances or with more favourable conditions than would be acceptable to a normal private lender must considered to give the undertakings to which these loans have been granted a benefit which they would not have received under normal economic circumstances. |
| --- | --- |

(21)

Loans that have been granted under more favourable circumstances or with more favourable conditions than would be acceptable to a normal private lender must considered to give the undertakings to which these loans have been granted a benefit which they would not have received under normal economic circumstances.

| (22) | As furthermore the companies concerned, salmon farms as fish processors, are in direct competition with other companies in the fisheries sector of both within the United Kingdom as in other Member States, the measures at this stage appear to be State aid in the sense of Article 87 of the EC Treaty. |
| --- | --- |

(22)

As furthermore the companies concerned, salmon farms as fish processors, are in direct competition with other companies in the fisheries sector of both within the United Kingdom as in other Member States, the measures at this stage appear to be State aid in the sense of Article 87 of the EC Treaty.

| (23) | This seems even more to be confirmed by the fact that the authorities of the United Kingdom have continuously included these measures in their annual State aid report, which confirms the that also the national authorities have always considered the measures to be State aid rather than commercial activities. |
| --- | --- |

(23)

This seems even more to be confirmed by the fact that the authorities of the United Kingdom have continuously included these measures in their annual State aid report, which confirms the that also the national authorities have always considered the measures to be State aid rather than commercial activities.

4.2.   Legality

| (24) | According to the United Kingdom, the two general schemes have been applied before the accession of the United Kingdom to the European Economic Community. However, the Commission notes that according to the provided information, the Salmon Farming Loan Assistance and Loan scheme for fish processing schemes were put in place only in 2000 and 1996 respectively. In any event, due to the absence of past records, the United Kingdom acknowledged that it is not able to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. In addition, the United Kingdom confirmed that the aid schemes have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty [former Article 93(3)]. As a result, the aid measures have to be considered as new aid. |
| --- | --- |

(24)

According to the United Kingdom, the two general schemes have been applied before the accession of the United Kingdom to the European Economic Community. However, the Commission notes that according to the provided information, the Salmon Farming Loan Assistance and Loan scheme for fish processing schemes were put in place only in 2000 and 1996 respectively. In any event, due to the absence of past records, the United Kingdom acknowledged that it is not able to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. In addition, the United Kingdom confirmed that the aid schemes have been changed over the years and that these changes have not been notified to the Commission in accordance with Article 88(3) of the EC Treaty [former Article 93(3)]. As a result, the aid measures have to be considered as new aid.

| (25) | The United Kingdom has confirmed never to have notified the schemes to the Commission in accordance with Article 88(3) of the EC Treaty, under which Member State are obliged to inform the Commission of any plans to grant or alter aid. In this respect the United Kingdom has stated that its authorities were mistakenly convinced that the inclusion of the measures into the annual State aid inventory, yearly submitted to the Commission, would be sufficient to inform the Commission of the aid in question. It must be noted however that such reporting to the Commission can not be considered as notification of the aid as required under Article 88(3) EC. |
| --- | --- |

(25)

The United Kingdom has confirmed never to have notified the schemes to the Commission in accordance with Article 88(3) of the EC Treaty, under which Member State are obliged to inform the Commission of any plans to grant or alter aid. In this respect the United Kingdom has stated that its authorities were mistakenly convinced that the inclusion of the measures into the annual State aid inventory, yearly submitted to the Commission, would be sufficient to inform the Commission of the aid in question. It must be noted however that such reporting to the Commission can not be considered as notification of the aid as required under Article 88(3) EC.

4.3.   Compatibility of the aid

| (26) | State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. As regards to State aid to the fisheries sector, State aid measures are deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time the aid was granted (1). |
| --- | --- |

(26)

State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. As regards to State aid to the fisheries sector, State aid measures are deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time the aid was granted (1).

| (27) | As no information is available about the individual loans, it cannot be established at this stage whether the loans have been granted for specific investments made by the companies concerned or whether they have been given as a general loan to improve de liquidity of the company. In the first case the loans must be regarded as to be investment aids, in the second case they are operating aid. |
| --- | --- |

(27)

As no information is available about the individual loans, it cannot be established at this stage whether the loans have been granted for specific investments made by the companies concerned or whether they have been given as a general loan to improve de liquidity of the company. In the first case the loans must be regarded as to be investment aids, in the second case they are operating aid.

| (28) | As far as operating aid is concerned, such aid, which is granted without imposing any obligations serving the objectives of the Common Fisheries Policy on the part of the recipients and which is intended to improve the situation of the undertakings and increase their business liquidity, is according to all Guidelines incompatible with the common market. |
| --- | --- |

(28)

As far as operating aid is concerned, such aid, which is granted without imposing any obligations serving the objectives of the Common Fisheries Policy on the part of the recipients and which is intended to improve the situation of the undertakings and increase their business liquidity, is according to all Guidelines incompatible with the common market.

| (29) | As far as the loans could be deemed to be aid for investments made by the recipients different conditions apply for both schemes concerned: |
| --- | --- |

(29)

As far as the loans could be deemed to be aid for investments made by the recipients different conditions apply for both schemes concerned:

Salmon Farming Loan Assistance

| (30) | Fish farming loans have been granted from 2000 — 2003 and the aid thus needs to be assessed under the Guidelines of 1997 and 2001. For the compatibility of aid to aquaculture those Guidelines make reference to Regulation (EC) No 3699/93 (2) and Regulation (EC) No 2792/1999 (3) respectively. |
| --- | --- |

(30)

Fish farming loans have been granted from 2000 — 2003 and the aid thus needs to be assessed under the Guidelines of 1997 and 2001. For the compatibility of aid to aquaculture those Guidelines make reference to Regulation (EC) No 3699/93 (2) and Regulation (EC) No 2792/1999 (3) respectively.

| (31) | According to Regulation (EC) No 3699/93 aid to aquaculture may involve physical investments in the construction, equipping, expansion and modernisation of aquaculture installations and concerning projects to demonstrate, on a scale approaching that of normal productive investments, the technical and economic viability of farming species not yet commercially exploited in the aquaculture sector or innovative farming techniques, provided that they are based on successful research work. Aid may be granted up to 60 % of the eligible costs. |
| --- | --- |

(31)

According to Regulation (EC) No 3699/93 aid to aquaculture may involve physical investments in the construction, equipping, expansion and modernisation of aquaculture installations and concerning projects to demonstrate, on a scale approaching that of normal productive investments, the technical and economic viability of farming species not yet commercially exploited in the aquaculture sector or innovative farming techniques, provided that they are based on successful research work. Aid may be granted up to 60 % of the eligible costs.

| (32) | As from 1 July 2001 Member States were to apply the 2001 Guidelines to all existing aid schemes and thus from that date the conditions of Regulation (EC) No 2792/1999 had to be applied to the existing schemes. According to this Regulation aid may be granted for aquaculture investments provided that the promoters of intensive fish-farming projects shall forward the information provided for in the Annex IV to Directive 85/337/EEC to the management authority together with their application for public aid. The management authority shall decide whether the project must be submitted for assessment under Articles 5 and 10 of that Directive. The costs for this assessment shall be eligible for assistance. Aid may be granted up to 60 % of the eligible costs. |
| --- | --- |

(32)

As from 1 July 2001 Member States were to apply the 2001 Guidelines to all existing aid schemes and thus from that date the conditions of Regulation (EC) No 2792/1999 had to be applied to the existing schemes. According to this Regulation aid may be granted for aquaculture investments provided that the promoters of intensive fish-farming projects shall forward the information provided for in the Annex IV to Directive 85/337/EEC to the management authority together with their application for public aid. The management authority shall decide whether the project must be submitted for assessment under Articles 5 and 10 of that Directive. The costs for this assessment shall be eligible for assistance. Aid may be granted up to 60 % of the eligible costs.

| (33) | From the information available to the Commission, the Commission is at this stage unable to establish whether the conditions of Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999 have been complied with. As specific information on the types of investments for which the loans have been granted and calculations with regard to the compatibility with the aid rate are lacking, the Commission therefore at this stage has serious doubts on the compatibility of the Salmon Farming Loan Assistance Scheme with the conditions of the 1997 and 2001 Guidelines. |
| --- | --- |

(33)

From the information available to the Commission, the Commission is at this stage unable to establish whether the conditions of Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999 have been complied with. As specific information on the types of investments for which the loans have been granted and calculations with regard to the compatibility with the aid rate are lacking, the Commission therefore at this stage has serious doubts on the compatibility of the Salmon Farming Loan Assistance Scheme with the conditions of the 1997 and 2001 Guidelines.

Loan scheme for fish processing

| (34) | As regards the loans to the processing sector, these aids have been granted between 1996 and 2002 and thus need to be assessed under the 1994, 1997 and 2001 Guidelines. |
| --- | --- |

(34)

As regards the loans to the processing sector, these aids have been granted between 1996 and 2002 and thus need to be assessed under the 1994, 1997 and 2001 Guidelines.

| (35) | According to point 2.3 of the 1994, 1997 and 2001 Guidelines aid for investments in the processing and marketing of fishery products may be regarded compatible with the common market provided that they comply with the relevant conditions laid down in the respective regulations for the structural fund for fisheries (Regulations (EC) No 3699/93 and (EC) No 2792/1999). |
| --- | --- |

(35)

According to point 2.3 of the 1994, 1997 and 2001 Guidelines aid for investments in the processing and marketing of fishery products may be regarded compatible with the common market provided that they comply with the relevant conditions laid down in the respective regulations for the structural fund for fisheries (Regulations (EC) No 3699/93 and (EC) No 2792/1999).

| (36) | According to both Article 11 and point 2.4 Annex III of Regulation (EC) No 3699/93 and Article 13 and point 2.4. of Annex III of Regulation (EC) No 2792/1999 eligible investments shall relate in particular to the construction and acquisition of buildings and installation, the acquisition of new equipment and installations needed for the time of landing and the marketing of fishery and aquaculture products between the time of landing and the end-product stage and the application of new technologies intended in particular to improve competitiveness. |
| --- | --- |

(36)

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

| (37) | Investments shall not be eligible for assistance when they concern fishery and aquaculture products intended to be used and processed for purposes other than human consumption, with the exemption of investments exclusively for the handling, processing and marketing of fishery and aquaculture wastes. Aid may be granted up to 60 % of the eligible costs. |
| --- | --- |

(37)

Investments shall not be eligible for assistance when they concern fishery and aquaculture products intended to be used and processed for purposes other than human consumption, with the exemption of investments exclusively for the handling, processing and marketing of fishery and aquaculture wastes. Aid may be granted up to 60 % of the eligible costs.

| (38) | From the information available to the Commission, the Commission is at this stage unable to establish whether the conditions of Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999 have been complied with. As specific information on the types of investments for which the loans have been granted and calculations with regard to the compatibility with the aid rate are lacking, the Commission therefore at this stage has serious doubts on the compatibility of the Loan scheme for fish processing with the conditions of the 1994, 1997 and 2001 Guidelines. |
| --- | --- |

(38)

From the information available to the Commission, the Commission is at this stage unable to establish whether the conditions of Regulation (EC) No 3699/93 and Regulation (EC) No 2792/1999 have been complied with. As specific information on the types of investments for which the loans have been granted and calculations with regard to the compatibility with the aid rate are lacking, the Commission therefore at this stage has serious doubts on the compatibility of the Loan scheme for fish processing with the conditions of the 1994, 1997 and 2001 Guidelines.

5.   DECISION

| (39) | The Commission observes that there exist, at this stage of the preliminary examination, as provided for by Article 6 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty, serious doubts on the compatibility of these aid schemes with the Guidelines for the examination of State aid to Fisheries and aquaculture and, therefore, with the EC Treaty. |
| --- | --- |

(39)

The Commission observes that there exist, at this stage of the preliminary examination, as provided for by Article 6 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty, serious doubts on the compatibility of these aid schemes with the Guidelines for the examination of State aid to Fisheries and aquaculture and, therefore, with the EC Treaty.

| (40) | In the light of the foregoing conditions, the Commission, acting under the procedure laid down in Article 88 (2) of the EC Treaty and Article 6 of Regulation (EC) No 659/1999, requests the United Kingdom of Great Britain and Northern Ireland to submit its comments and to provide all such information as may help to assess the aid scheme, within one month of the date of receipt of this letter. It requests your authorities to forward a copy of this letter to the recipients of the aid immediately. |
| --- | --- |

(40)

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

| (41) | The Commission wishes to remind the United Kingdom of Great Britain and Northern Ireland that Article 88 (3) of the EC Treaty has suspensory effect and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which provides that all unlawful aid may be recovered from the recipient. |
| --- | --- |

(41)

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

| (42) | The Commission warns the United Kingdom of Great Britain and Northern Ireland that it will inform interested parties by publishing this letter and a meaningful summary of it in the Official Journal of the European Union. It will also inform interested parties in the EFTA countries which are signatories to the EEA Agreement, by publication of a notice in the EEA Supplement to the Official Journal of the European Union and will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited to submit their comments within one month of the date of such publication.’ |
| --- | --- |

(42)

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

---

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

1

(2)  Council Regulation (EC) 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and the marketing of its products (OJ L 346, 31.12.1993, p. 1).

2

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

3

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| 1.12.2006 | EN | Official Journal of the European Union | C 292/11 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/11

---

Guidelines on National Regional aid for 2007-2013 (1) — National regional State aid map: Ireland

(2006/C 292/05)

N 374/2006 — IRELAND

National regional State aid map 1.1.2007-31.12.2013

(Approved by the Commission on 24.10.2006)

| (NUTS ΙΙ REGION)

  (NUTS IΙΙ REGION) | Ceiling for regional investment aid (2)

  (Applicable to large enterprises) |
| --- | --- |
| 1.   Regions eligible for aid as regions of economic development under Article 87(3) (c) of the EC Treaty |
| | 1.1.2007-31.12.2010 | 1.1.2011-31.12.2013 |
| IE01 Border, Midland and Western | 30 % | 15 % |
| 2.   Regions eligible for aid under Article 87(3) (c) of the EC Treaty for the whole period 2007-2013 |
| IE024 SOUTH-EAST (IRL) | 10 % |
| IE025 SOUTH-WEST (IRL)

  The islands of: Bear, Cape Clear, Dursey, Heir, Long, Sherkin, Whiddy | 10 % |
| 3.   Regions eligible for aid under Article 87(3) (c) of the EC Treaty for the whole period 2007-2013 for higher rates of SME aid only |
| | Basic aid ceiling (3) |
| IE023 MID-WEST


  The Counties (LAU1) of | IE023 3 01 Clare |

(NUTS ΙΙ REGION)

(NUTS IΙΙ REGION)

Ceiling for regional investment aid (2)

(Applicable to large enterprises)

Regions eligible for aid as regions of economic development under Article 87(3) (c) of the EC Treaty

1.1.2007-31.12.2010

1.1.2011-31.12.2013

IE01 Border, Midland and Western

30 %

15 %

Regions eligible for aid under Article 87(3) (c) of the EC Treaty for the whole period 2007-2013

IE024 SOUTH-EAST (IRL)

10 %

IE025 SOUTH-WEST (IRL)

The islands of: Bear, Cape Clear, Dursey, Heir, Long, Sherkin, Whiddy

10 %

Regions eligible for aid under Article 87(3) (c) of the EC Treaty for the whole period 2007-2013 for higher rates of SME aid only

Basic aid ceiling (3)

IE023 MID-WEST

The Counties (LAU1) of

IE023 3 01 Clare

| | IE023 3 02 and 03 Limerick |
| --- | --- |

IE023 3 02 and 03 Limerick

| | IE023 3 04 North Tipperary |
| --- | --- |

IE023 3 04 North Tipperary

10 %

IE025 SOUTH-WEST (IRL)

The county (LAU1) of

| | IE025 5 03 Kerry, and |
| --- | --- |

IE025 5 03 Kerry, and

The Cork Urban Regeneration Area:

| | the District Electoral Divisions (LAU2) of Knockrea B, City Hall B, St. Patrick's A, Montenotte A, Montenotte B, Mayfield, The Glen A, Tivoli A, Tivoli B (part south of the railway), Mahon A and Mahon B |
| --- | --- |

the District Electoral Divisions (LAU2) of Knockrea B, City Hall B, St. Patrick's A, Montenotte A, Montenotte B, Mayfield, The Glen A, Tivoli A, Tivoli B (part south of the railway), Mahon A and Mahon B

10 %

Regions eligible for transitional coverage under Article 87(3) (c) of the EC Treaty for the period 1.1.2007-31.12.2008

IE023 MID-WEST

The counties (LAU1) of

| | IE023 3 01 Clare |
| --- | --- |

IE023 3 01 Clare

| | IE023 3 02 and 03 Limerick |
| --- | --- |

IE023 3 02 and 03 Limerick

| | IE023 3 04 North Tipperary |
| --- | --- |

IE023 3 04 North Tipperary

10 %

IE025 SOUTH-WEST (IRL)

The counties of

| | IE025 5 03 Kerry |
| --- | --- |

IE025 5 03 Kerry

| | IE025 5 01 and 02 Cork |
| --- | --- |

IE025 5 01 and 02 Cork

10 %

---

(1)  OJ C 54, 4.3.2006, p. 13.

(2)  For investment projects with eligible expenditure not exceeding EUR 50 million, this ceiling is increased by 10 percentage points for medium sized companies and 20 percentage points for small companies as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). For large investment projects with eligible expenditure exceeding EUR 50 million, this ceiling is subject to adjustment in accordance with paragraph 67 of the Guidelines on national regional aid for 2007-2013.

(3)  This ceiling is increased by 10 percentage points for medium sized companies and 20 percentage points for small companies as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). No aid may be awarded for investment projects with eligible expenditure exceeding EUR 25 million.

---

| 1.12.2006 | EN | Official Journal of the European Union | C 292/13 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/13

---

Summary information on State aid granted in conformity with Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products

(2006/C 292/06)

(Text with EEA relevance)

Explanatory remarks: Aid scheme for SMEs, financed entirely by the Autonomous Community of Castile-Leon under Regulation (EC) No 1595/2004

Aid No: XF 3/06

Member State: Kingdom of Spain

Title of aid scheme or name of company receiving an individual aid: Budget heading 13: Aid to SMEs active in the processing and marketing of fishery and aquaculture products

Legal basis:

| — | Proyecto de orden de la Consejería de agricultura y ganadería por la que se aprueban las bases reguladoras de las subvenciones a la transformación y comercialización de los productos agrarios, silvícolas y de la alimentación en Castilla y León. |
| --- | --- |

—

Proyecto de orden de la Consejería de agricultura y ganadería por la que se aprueban las bases reguladoras de las subvenciones a la transformación y comercialización de los productos agrarios, silvícolas y de la alimentación en Castilla y León.

| — | Proyecto de orden de la Consejería de agricultura y ganadería por la que se convocan las subvenciones a la transformación y comercialización de los productos agrarios, silvícolas y de la alimentación en Castilla y León. |
| --- | --- |

—

Proyecto de orden de la Consejería de agricultura y ganadería por la que se convocan las subvenciones a la transformación y comercialización de los productos agrarios, silvícolas y de la alimentación en Castilla y León.

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

| — | Annual expenditure planned for this aid scheme: EUR 10 000 000 |
| --- | --- |

—

Annual expenditure planned for this aid scheme: EUR 10 000 000

| — | All decisions to grant aid will be issued between April and December 2006 |
| --- | --- |

—

All decisions to grant aid will be issued between April and December 2006

| — | The aid will be paid between 2006 and 2008 |
| --- | --- |

—

The aid will be paid between 2006 and 2008

Maximum aid intensity: 35 % of gross eligible expenditure

Date of implementation:

Duration of scheme or individual aid award: Subsidies may be awarded under this scheme until December 2006

Objective of aid:

| — | To help develop the industry involved in the processing and/or marketing of fishery and/or aquaculture products |
| --- | --- |

—

To help develop the industry involved in the processing and/or marketing of fishery and/or aquaculture products

| — | To contribute to regional development |
| --- | --- |

—

To contribute to regional development

| — | This aid scheme uses Article 8 of Regulation (EC) No 1595/2004 |
| --- | --- |

—

This aid scheme uses Article 8 of Regulation (EC) No 1595/2004

Eligible costs: In accordance with Article 13 of Regulation (EC) No 2792/1999, this aid scheme will relate exclusively to the field of processing and/or marketing of fishery and aquaculture products, assisting only those projects which contribute to lasting structural improvement, have an adequate guarantee of technical and economic viability, and also avoid the risk of creating surplus production capacity.

In accordance with sections 2.0 and 2.4 of Annex III to Regulation (EC) No 2792/1999:

Under this aid scheme, ‘processing and marketing of fishery and aquaculture products’ means all operations, including handling, treatment, production and distribution, between the time of landing or harvesting and the end-product stage.

Investment shall not be eligible for assistance where it concerns:

fishery and aquaculture products intended to be used and processed for purposes other than human consumption, with the exception of investments intended solely for the treatment, processing and marketing of fishery and aquaculture product wastes;

the retail trade.

Eligible expenditure will be as follows:

Sector(s) concerned: Sectors involved in the processing and marketing of fishery and aquaculture products

Name and address of the granting authority:

| Consejería de Agricultura y Ganadería |
| --- |
| Calle Rigoberto Cortejoso no 14 |
| E-47014 Valladolid |

Consejería de Agricultura y Ganadería

Calle Rigoberto Cortejoso no 14

E-47014 Valladolid

Web address: http://www.jcyl.es/industriasagrarias

Other information:

1.   Financing of the aid scheme

This aid scheme is financed exclusively with funds from the Autonomous Community of Castile-Leon

2.   Aid limits

In accordance with Article 15 of Regulation (EC) No 1595/2004, this scheme will not be used to assist individual projects whose eligible expenditure exceeds EUR 2 million or whose amount of aid exceeds EUR 1 million per beneficiary.

3.   Cumulation of aid

| (a) | Subsidies covered by this aid scheme may not be cumulated with others co-financed by the FIFG or other European Union Structural Funds. |
| --- | --- |

(a)

Subsidies covered by this aid scheme may not be cumulated with others co-financed by the FIFG or other European Union Structural Funds.

| (b) | Subsidies covered by this aid scheme may be cumulated with other State aid, provided the following rules are respected:






  (i) | The total cumulated gross amount of aid must always be below 60 % of eligible expenditure. |
| --- | --- | --- |

(b)

Subsidies covered by this aid scheme may be cumulated with other State aid, provided the following rules are respected:

(i)

The total cumulated gross amount of aid must always be below 60 % of eligible expenditure.

| (ii) | The total cumulated amount of aid must comply with the restrictions imposed under section 2 above, ‘Aid limits’. |
| --- | --- |

(ii)

The total cumulated amount of aid must comply with the restrictions imposed under section 2 above, ‘Aid limits’.

4.   Aid beneficiaries

Only enterprises meeting the definitions of micro, small and medium-sized enterprises (SMEs) in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, notified under document number C(2003) 1422) (2003/361/EC), may be beneficiaries under this aid scheme. The Recommendation is included in Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises.

5.   Aid Register

All aid applications submitted under this aid scheme and, as appropriate, all approved awards of subsidy and payments, will be entered in the Aid Register of the Community of Castile-Leon.

---

| 1.12.2006 | EN | Official Journal of the European Union | C 292/15 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/15

---

Prior notification of a concentration

(Case COMP/M.4459 — Rettig Capital/Ahlström Capital/Nordkalk)

Candidate case for simplified procedure

(2006/C 292/07)

(Text with EEA relevance)

| 1. | On 24 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings Ahlström Capital Oy (‘Ahlström Capital’, Finland) and Rettig Capital Oy (‘Rettig Capital’, Finland), belonging to the Rettig Group (‘Rettig’), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Nordkalk Oyj (‘Nordkalk’, Finland) by way of purchase of shares. |
| --- | --- |

1.

On 24 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings Ahlström Capital Oy (‘Ahlström Capital’, Finland) and Rettig Capital Oy (‘Rettig Capital’, Finland), belonging to the Rettig Group (‘Rettig’), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Nordkalk Oyj (‘Nordkalk’, Finland) by way of purchase of shares.

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






  — | for Ahlström Capital: investment fund; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Ahlström Capital: investment fund;

| — | for Rettig Capital: investment fund; |
| --- | --- |

—

for Rettig Capital: investment fund;

| — | for Rettig: hydronic and electrical heating and indoor climate regulation; shipping; real estate development; |
| --- | --- |

—

for Rettig: hydronic and electrical heating and indoor climate regulation; shipping; real estate development;

| — | for Nordkalk: manufacturing of limestone-based products. |
| --- | --- |

—

for Nordkalk: manufacturing of limestone-based 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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4459 — Rettig Capital/Ahlström Capital/Nordkalk, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4459 — Rettig Capital/Ahlström Capital/Nordkalk, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

---

III Notices

Commission

| 1.12.2006 | EN | Official Journal of the European Union | C 292/16 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/16

---

Media 2007 — Development, distribution and promotion

Conditional call for proposals — EACEA/11/06

Measures to support Promotion and Market Access

(2006/C 292/08)

Precautionary clause

The Commission's proposal relating to the MEDIA programme has not yet been formally adopted by the European legislature. Nevertheless, to enable prompt implementation of this programme after the adoption of its legal basis by the European legislature, which should take place soon, and to enable potential beneficiaries of Community grants to prepare their proposals as soon as possible, the Commission has decided to publish this call for proposals.

This call for proposals does not legally bind the Commission. It may be cancelled and calls for proposals with different specifications may be issued, with appropriate reply periods, if there is a substantial change in the legal basis by the European legislature.

More generally, the implementation of the calls for proposals in 2007 is subject to the following conditions, the meeting of which is not dependent on the Commission:

| — | the adoption by the European Parliament and the Council of the European Union of the final text of the legal basis establishing the Programme without any substantial modifications; |
| --- | --- |

—

the adoption by the European Parliament and the Council of the European Union of the final text of the legal basis establishing the Programme without any substantial modifications;

| — | the adoption of the annual work programme relating to the MEDIA programme and of the general implementation guidelines and the selection criteria and procedures, after referral to the programme committee; and |
| --- | --- |

—

the adoption of the annual work programme relating to the MEDIA programme and of the general implementation guidelines and the selection criteria and procedures, after referral to the programme committee; and

| — | the adoption of the 2007 budget for the European Union by the budgetary authority. |
| --- | --- |

—

the adoption of the 2007 budget for the European Union by the budgetary authority.

1.   Objectives and description

This call for proposals is based on the decision of the European Parliament and of the Council establishing a single multi-annual programme for Community measures in the field of Audiovisual for the period between 2007 and 2013.

The objectives of the abovementioned Council Decision include:

| — | facilitating and encouraging the promotion and movement of European audiovisual and cinema works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals; |
| --- | --- |

—

facilitating and encouraging the promotion and movement of European audiovisual and cinema works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals;

| — | encouraging the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies. |
| --- | --- |

—

encouraging the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies.

2.   Eligible applicants

This call for proposals is aimed at European companies whose activities contribute to the attainment of the objectives of the MEDIA programme as described in the Council Decision.

The present notification is addressed to European organisations; those registered in and controlled by nationals from the Member States of the European Union and countries of the European Economic Agreement participating in the MEDIA 2007 Programme (Iceland, Liechtenstein and Norway), as well as Switzerland, subject to the conclusion of a new cooperation agreement with this country in the framework of the MEDIA Programme.

3.   Budget and project duration

The maximum amount available under this Call for Proposals is estimated at EUR 2 million, provided funds are available under the 2007 exercise.

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

Projects must start between 1 June 2007 and 31 December 2007. Activities must end before 31 December 2007.

The maximum duration of projects is 6 months.

4.   Deadline

Applications must be sent to the Executive Agency (EACEA) no later than 15 January 2007.

5.   Further information

The full text of the call for proposals and the application forms are available on the following website: http://europa.eu.int/comm/avpolicy/media/promo_en.html Applications must comply with the requirements set out in the full text and be submitted using the form provided.

---

| 1.12.2006 | EN | Official Journal of the European Union | C 292/18 |
| --- | --- | --- | --- |

1.12.2006

EN

Official Journal of the European Union

C 292/18

---

F-Béziers: Operation of scheduled air services

Operation of scheduled air services between Béziers and Paris (Orly)

Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service

(2006/C 292/09)

1.   Introduction: Under Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has imposed a public service obligation on scheduled air services between Béziers (Béziers-Vias) and Paris (Orly). The standards required by this public service obligation were published under the reference C 291 in the ‘Official Journal of the European Union’ of 30.11.2006.

If on 15.3.2007 no air carrier has commenced or is about to commence the scheduled air services in accordance with the imposed public service obligation and without requesting financial compensation, France has decided under the procedure laid down in Article 4(1)(d) of the above Regulation to limit access to the route to a single carrier and to offer the right to operate the services from the start of the IATA 2007 summer season (target date) by invitation to tender.

2.   Contracting entity: Chambre de commerce et d'industrie de Béziers Saint-Pons, direction générale, 26, allées Paul Riquet, BP 371, F-34504 Béziers Cedex. Tél. (33) 4 67 80 98 08. Fax (33) 4 67 80 98 98.

3.   Object of the consultation: The provision, from the start of the IATA 2007 summer season at the earliest, of scheduled air services in accordance with the public service obligation published under the reference C 291 in the ‘Official Journal of the European Union’ of 30.11.2006.

4.   Main features of the contract: This is a public service delegation contract concluded between the carrier, the Chamber of Commerce and Industry of Béziers Saint-Pons and the State, in accordance with Article 8 of Decree No 2005-473 of 16.5.2005 relating ‘inter alia’ to the rules governing the allocation of financial compensation by the State.

The delegatee will receive the revenue. The Chamber of Commerce and Industry (CCI) of Béziers Saint-Pons and the State will pay it a contribution corresponding to the difference between the actual expenditure, excluding taxes (VAT, and aviation-specific taxes), on operating the service and the commercial revenue excluding taxes (VAT, and aviation-specific taxes) received by it, within the limit of the maximum compensation to which it has committed itself, after deduction, where appropriate, of the penalties referred to in point 9.4 of this notice.

5.   Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years, with the operation of the services to commence at the start of the IATA 2007 summer season at the earliest.

6.   Participation in the consultation: Participation is open to all air carriers holding a valid operating licence issued under Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

7.   Award procedure and selection criteria for candidates: This invitation to tender is subject to Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/1992, Articles L 1411-1 ‘et seq.’ of the General Local Authorities Code concerning public service delegations and the texts implementing them (in particular Decree No 97-638 of 31.5.1997 implementing Law No 97-210 of 11.3.1997 on strengthening the fight against illegal employment), and Decree No 2005-473 of 16.5.2005 relating ‘inter alia’ to the rules governing the allocation of financial compensation by the State and the 3 Orders of 16.5.2005 implementing it.

Applicants must submit an application file containing the following:

an application letter, signed by the manager or his representative, together with documents giving the power to sign;

a memorandum presenting the undertaking and vouching for the applicant's professional capability and financial standing in the field of air transport, together with any relevant references; this memorandum must make it possible to assess the applicant's ability to ensure the continuity of the public service and guarantee equality of treatment for users; if he so wishes, the applicant may base himself on the model form DC5 used in connection with the award of public contracts;

the overall turnover and the turnover relating to the supply of relevant services over the last 3 years or, if the applicant so wishes, the balance sheets and outturn accounts for the last 3 years; if he cannot provide this information, the applicant must explain the reasons;

a methodology note explaining how the applicant proposes to respond to the consultation file if he is allowed by the CCI of Béziers-Saint Pons to submit a bid, setting out, in particular:

| — | the technical and human resources that the applicant will assign to the operation of the route, |
| --- | --- |

—

the technical and human resources that the applicant will assign to the operation of the route,

| — | the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make, |
| --- | --- |

—

the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make,

| — | the types of aircraft used and, where appropriate, their registration, |
| --- | --- |

—

the types of aircraft used and, where appropriate, their registration,

| — | a copy of the tenderer's air carrier operating licence, |
| --- | --- |

—

a copy of the tenderer's air carrier operating licence,

| — | if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:






  — | the country in which the pilots' licences were issued, |
| --- | --- | --- |

—

if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:

—

the country in which the pilots' licences were issued,

| — | the law applicable to the employment contracts, |
| --- | --- |

—

the law applicable to the employment contracts,

| — | details of membership of social insurance bodies; |
| --- | --- |

—

details of membership of social insurance bodies;

| — | steps taken to comply with Articles L. 341-5 and Articles D. 341-5 ‘et seq.’ of the Labour Code relating to the temporary secondment of wage-earners for the purpose of supplying services on the national territory; |
| --- | --- |

—

steps taken to comply with Articles L. 341-5 and Articles D. 341-5 ‘et seq.’ of the Labour Code relating to the temporary secondment of wage-earners for the purpose of supplying services on the national territory;

certificates or statements issued on his honour, as provided for in Article 8 of Decree No 97-638 of 31.5.1997 and the Order of 31.1.2003 implementing Article 8 of the aforementioned Decree, vouching that the applicant has discharged his obligations with regard to taxation and social insurance, in particular covering

| — | corporation tax, |
| --- | --- |

—

corporation tax,

| — | value-added tax, |
| --- | --- |

—

value-added tax,

| — | contributions in respect of social insurance, work accidents, occupational illnesses and family allowances, |
| --- | --- |

—

contributions in respect of social insurance, work accidents, occupational illnesses and family allowances,

| — | civil aviation tax, |
| --- | --- |

—

civil aviation tax,

| — | airport tax, |
| --- | --- |

—

airport tax,

| — | tax on noise pollution from aircraft, |
| --- | --- |

—

tax on noise pollution from aircraft,

| — | solidarity levy; |
| --- | --- |

—

solidarity levy;

in the case of applicants from a European Union Member State other than France, equivalent certificates or statements must be drawn up by the administrations and bodies of the country of origin;

a statement issued on honour indicating that the applicant has no record in bulletin No 2 of a conviction for offences specified in Articles L. 324-9, L. 324-10, L. 341-6, L 125-1 and L. 125-3 of the Labour Code;

a statement issued on honour and/or proof of compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code;

extract ‘K bis’ of the entry in the Companies Register, or an equivalent document;

pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23.7.1992, an insurance certificate less than 3 months old covering civil liability in the event of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21.4.2004, and in particular Article 4 thereof;

in the event of a safeguard or collective procedure measure, a copy of any judgment to this effect.

Applications will be selected with reference to the following criteria set out in Article L. 1411-1(3) of the General Local Authorities Code:

the professional and financial guarantees offered by the applicants;

their ability to ensure the continuity of the public service and guarantee quality of treatment for users with regard to that service;

their compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code.

8.   Criteria for the award of the contract: Subsequently, carriers whose applications are allowed and accepted will be invited to submit their tenders in accordance with the procedure laid down in the specific rules for the public service delegation invitation to tender, which will then be supplied to them.

In accordance with the provisions of Article 4(1)(f) of Regulation (EEC) No 2408/92, the selection among the submissions will be made taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required.

9.   Essential additional information:

9.1   Financial compensation

The tenders submitted by the carriers whose applications are accepted must specify the maximum amount required by way of compensation for operating the route for 3 years, with an annual breakdown. The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limit of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions.

The annual payments will be made in the form of advance payments and an adjustment 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 Section 9.2 below.

In the event of termination of the contract before its normal expiry date, Section 9.2 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.

9.2   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 examined at least once a year in cooperation with the carrier.

9.3   Amendment and termination of the contract

Where the carrier believes that unforeseen changes in the operating conditions justify revision of the maximum amount of financial compensation, it must present a reasoned request to the other signatory parties, which must reach a decision within 2 months. The contract may then be amended by means of an additional agreement.

The contract may be terminated by either of the signatory parties before the normal end of the validity of the contract provided that a 6-month period of notice is observed. In the event of serious breaches of its contractual obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligation within 1 month of the serving of formal notice.

9.4   Penalties or other deductions provided for in the contract

Failure by the carrier to observe the period of notice referred to in Section 9.3 will be subject either to an administrative fine 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 actual operating loss of the route during the year in question, but not exceeding the maximum financial compensation provided for in Section 9.1.

In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in Section 9.1 will be reduced, without prejudice to the application of Article R.330-20 of the Civil Aviation Code.

Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, and the number of flights not complying with the public service obligation in terms of stopovers and fares charged.

10.   Submission of applications: The application must be drawn up in French. Where necessary, applicants must have documents issued by public authorities in an official language of the European Union translated into French.

Along with the French version, tenderers may enclose a version drafted in another official language of the European Union; this version will not be authentic.

Application files, the content of which is specified in Article 7.1 above, must be sent by registered letter with acknowledgement of receipt bearing the wording ‘NE PAS OUVRIR: candidature OSP AEROPORT BEZIERS VIAS’, the date on the latter serving as proof of the date of receipt, or delivered by hand (in which case a receipt must be obtained), to reach the following address by no later than 8.1.2007 (12:00), local time:

Chambre de Commerce et d'Industrie de Béziers Saint-Pons, Direction générale, 26, allées Paul-Riquet, B.P. 371, F-34504 Béziers Cedex. Telephone: 33 (0) 467 809 808. Fax: 33 (0) 467 809 898.

11.   Subsequent procedure: The Chamber of Commerce and Industry of Béziers Saint-Pons will send selected applicants a consultation file containing ‘inter alia’ rules, specifications and a draft Public Service Delegation Agreement no later than Thursday 11.1.2007.

The applicants selected must submit their bids by no later than 1.2.2007 (12:00), local time.

The bid will be binding on the tenderer for a period of 280 days from its submission.

12.   Validity of the public tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 25.2.2007 a programme for operating the route in question from the start of the IATA 2007 summer season in accordance with the imposed public service obligation and without receiving any financial compensation.

13.   Requests for additional information: To obtain any information they may need, applicants may contact the Directorate General at the address indicated in Section 2 above, exclusively by letter or fax.

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