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Acts adopted under Title VI of the Treaty on European Union

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COUNCIL DECISION

of 4 December 2006

amending Europol's Staff Regulations

(2006/C 311/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a European Police Office (‘Europol Convention’) (1), and in particular Article 30(3) thereof,

Having regard to the initiative by the Republic of Austria (2),

Having regard to the Opinion of the European Parliament (3),

Having regard to the Opinion of the Management Board of Europol,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Staff Regulations are hereby amended as follows:

Article 2

This Decision shall take effect on the day following its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 4 December 2006.

For the Council

The President

L. LUHTANEN

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(1)OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol of 27 November 2003 (OJ C 2, 6.1.2004, p. 1).

(2)OJ C 71, 23.3.2006, p. 16.

(3)  Opinion delivered on 12 October 2006 (not yet published in the Official Journal).

(4)OJ C 26, 30.1.1999, p. 23. Act as last amended by Decision 2006/519/EC (OJ L 203, 26.7.2006, p. 10).

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COUNCIL DECISION

of 4 December 2006

amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies

(2006/C 311/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention) (1),

Having regard to the Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union related bodies (2), and in particular Article 2 of that Act,

Having regard to the Council Act of 3 November 1998 laying down rules governing the receipt of information by Europol from third parties (3), and in particular Article 2 of that Act,

Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (4), and in particular Articles 2 and 3 of that Act,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Council Decision of 27 March 2000 is hereby amended as follows:

in Article 2(1), under the heading ‘Third States’, the following States shall be added to the alphabetical list:

and

Article 2

This Decision shall be published in the Official Journal of the European Union.

Article 3

This Decision shall enter into force on the day following that of its adoption.

Done at Brussels, 4 December 2006.

For the Council

The President

L. LUHTANEN

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(1)OJ C 316, 27.11.1995, p. 2.

(2)OJ C 26, 30.1.1999, p. 19.

(3)OJ C 26, 30.1.1999, p. 17.

(4)OJ C 88, 30.3.1999, p. 1.

(5)OJ C 106, 13.4.2000, p. 1. Decision as last amended by Decision 2005/169/EC (OJ L 56, 2.3.2005, p. 14).

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COUNCIL DECISION

of 4 December 2006

adjusting the basic salaries and allowances applicable to Europol staff

(2006/C 311/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees (1) (hereinafter referred to as ‘the Staff Regulations’), and in particular Article 44 thereof,

Having regard to the initiative by the Republic of Austria (2),

Having regard to the Opinion of the European Parliament (3),

Having regard to the review of the remuneration of officials of Europol by the Management Board of Europol,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

With effect from 1 July 2005, the Staff Regulations are hereby amended as follows:

Article 2

This Decision shall be published in the Official Journal of the European Union.

Article 3

This Decision shall take effect on the day following its adoption.

Done at Brussels, 4 December 2006.

For the Council

The President

L. LUHTANEN

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(1)OJ C 26, 30.1.1999, p. 23. Act as last amended by the Council Decision 2006/519/EC (OJ L 203, 26.7.2006, p. 10).

(2)OJ C 80, 4.4.2006, p. 10.

(3)  Opinion of the European Parliament of ... delivered ... (not yet published in the Official Journal).

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DECISION No 1/2006 OF THE JOINT SUPERVISORY BODY OF EUROPOL

of 26 June 2006

amending its rules of procedure

(2006/C 311/04)

THE JOINT SUPERVISORY BODY,

Having regard to the Convention on the establishment of a European Police Office (Europol Convention) (1),

Having regard to Act No 1/99 of the Joint Supervisory Body of Europol of 22 April 1999 laying down its rules of procedure (2), and in particular Article 32 thereof,

Whereas detailed rules on public access to documents of the Joint Supervisory Body should be introduced in its rules of procedure,

HAS DECIDED AS FOLLOWS:

Article 1

The Joint Supervisory Body's rules of procedure shall be amended in accordance with the provisions of this Article.

Article 2

These amendments to the rules of procedure shall enter into force on the day following their approval by the Council in accordance with Article 24(7) of the Convention (3).

Done at Brussels, 26 June 2006.

For the Joint Supervisory Body

The Chairman

Emilio ACED FÉLEZ

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(1)OJ C 316, 27.11.1995, p. 1.

(2)OJ C 149, 28.5.1999, p. 1.

(3)  The internal Regulation had been approved by the Council on 4 December 2006.

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I Information

Commission

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Euro exchange rates (1)

18 December 2006

(2006/C 311/05)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Information pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1)

(2006/C 311/06)

This publication is based on information communicated by the Member States to the Commission in conformity with Article 5 of the Regulation as at 16.10.2006 (2)

In addition to the publication in the OJ, a monthly up date is available on the website of Directorate General Justice, Freedom and Security.

1.   Exceptions by virtue of Article 4(1) and (2), to the visa requirement envisaged by Article 1(1)

1.1.   The visa requirement is waived for the categories of persons originating in the countries in the column on the left corresponding to the following key:

1.2.   Visa exemption for other categories mentioned in Article 4

—   Civilian air crew members:

They are in principle exempted from the visa requirement by the Member States when holding licences and certificates within the meaning of Annexes 1 to 9 of the Convention of Chicago on International Civil Aviation.

However, the visa requirement is maintained:

—   Civilian sea crew members:

They can be exempted from the visa requirement by the Member States when holding Seafarer's Identity Documents, issued according to the International Labour Organisation Conventions (No 108 of 1958 — No 185 of 2003)/the IMO Convention of London of 9 April 1965 (FAL) on the facilitation of international maritime traffic.

In practice:

Comment by Norway: exempt from the visa requirement are the holders of a Philippine ‘Seafarer's Identification and Record Book’ and/or a Philippine national passport (see the shipping agreement of October 1999 between the Philippines and Norway). The holder must produce written confirmation from the ship owner or the ship owner's representative that the holder is to take up an engagement on a ship in a Norwegian port.

Comment by Slovakia: In the case of transit, the visa requirement is maintained for crew members with exception of citizens of Serbia and Montenegro (Agreement on visa facilitation between Slovakia and Serbia and Montenegro). The holders must produce: travel document, seaman's book and engagement on ship.

—   Civilian ships crew members (on international internal waterways):

—   The Rhine:

Belgium, Germany, France, Luxembourg and the Netherlands exempt these crew members from the visa requirement provided that they are holders of a travel document containing a trilingual stamp or mention identifying them as a Rhine boatman in accordance with the resolutions of the Central Commission for the navigation of the Rhine.

—   The Danube:

Germany and Austria exempt these crew members from the visa requirement provided that they are holders of a document identifying them as a Danube boatman and they figure on the crew list.

—   Laissez-passer issued by international organisations to their officials:

General observation:

Portugal: the holders of such laissez-passer do not benefit from a visa exemption;

Austria: the beneficiaries of privileges and immunities who have been issued with a specific identity document are exempt from visa.

Observations relating to particular organisations:

United Nations:

The exemption from the visa requirement, as indicated in the table by Member States, applies to holders of UN laissez-passer.

In addition, the holders of Identification Card SHIRBRIG, Planning Element Official, issued by the Chief of Defence Denmark are exempt from the visa requirement by Denmark.

North Atlantic Treaty Organisation:

The holders of a Travel Order issued by NATO Headquarters are exempt from the visa requirement irrespective of their nationality in accordance with Article 3 of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on 19.6.1951, where they are members of a NATO force.

Customs Cooperation Council:

The exemption from the visa requirement, as indicated in the table by Benelux, applies to holders of laissez-passer issued by the Secretary General of the Customs Cooperation Council.

2.   Exceptions by virtue of Article 4 to the visa exemption envisaged by Article 1(2)

A visa obligation is applied to the categories of persons originating in the countries in the column on the left corresponding to the following key:

3.   Measures of exception by virtue of Article 4(3) to the exemption from visa provided for in Article 1(2)

Persons originating in the countries figuring in the column on the left are subject to the visa requirement when carrying out a paid activity during their stay

4.   Measures by virtue of Article 3, second indent of the regulation

Recognised refugees and stateless persons are exempt from the visa requirement provided that they are legally resident in one of the countries or entities in the left-hand column and are in possession of a travel document issued by the competent authorities of that country or entity.

Data whose publication is not required by Article 5 of Council Regulation (EC) No 539/2001 but published for information purposes only

(Status of additional information communicated to the Commission)

Situation specific to persons deriving their nationality status by virtue of a connection with British Overseas Territories who are subject to a visa requirement by one or more States (21)

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(1)OJ L 81, 21.3.2001, p. 1.

(2)  In accordance with Article 1 of the protocol on the position of Ireland and the United Kingdom annexed to the Treaty on the European Union and to the European Community Treaty, and without prejudice to its Article 4, the provisions of Council Regulation (EC) No 539/2001 are not applied by Ireland or the United Kingdom.

(3)  The exemption of the visa requirement for holders of diplomatic passports, as indicated in the table, refers to diplomats travelling on official business for short stays. The table is without prejudice to rules applying to diplomats travelling to the Member States where they are or will be accredited.

Holders of Vatican passports, irrespective of their nationality are exempted from the visa requirement by Germany, Sweden, Czech Republic, Latvia, Denmark, Slovakia, Poland and France.

Holders of valid identity cards issued by the authorities of the Vatican City State are exempted from the visa requirement by Denmark and Slovakia.

Holders of valid ordinary, diplomatic or service passports issued by the competent authorities of the Vatican City can enter the Benelux countries without a visa.

Holders of diplomatic and service passports of the Sovereign Military Order of Malta are exempted from the visa requirement by Poland.

(4)  Benelux: In application of the Convention of 11 April 1960, and in particular Article 3, the countries of the Benelux have a harmonised policy in relation to short stay visas for third countries.

(5)  Poland: Up to 30 days stay.

(6)  Sweden: The exemption from the visa requirement for United Nations applies to employees of the UN when on duty and who hold a certificate issued by the UN to certify this.

(7)  France: although the United States and Israel are signatories to the Chicago Convention, the visa requirement is nevertheless maintained for crew members who are nationals of those two countries.

(8)  France: although the United States and Israel are signatories to the 1965 London Convention, the visa requirement is nevertheless maintained for crew members who are nationals of those two countries.

(9)  Spain: for the United States of America, holders of diplomatic or service/official passports on official missions or official visits are subject to the visa requirement. The visa is not necessary when the entrance is in application of the Hispanic-North American Convention of 1 May 1988.

(10)  France and Portugal: only when the holders of diplomatic or official duty passports are on mission.

(11)  If travelling on official business

(12)  Poland: for the holders of D/S passports on mission

(13)  Poland: for the holders of D/S passports on mission (validity of visas not longer than 4 years)

(14)  Comment by Spain: Andorran nationals are exempt from the visa requirement when carrying out an economic activity during their stay, except where they exercise an independent profession.

(15)  Comment by France: for Canada, the visa requirement applies only to professional trainees who come over for a traineeship under the agreement between France and Canada of 4 October 1956.

(16)  Comment by Estonia: In order to work in Estonia an alien must hold a work permit/residence permit for employment. Registration of short-term employment is needed for aliens who arrive/stay in Estonia either on the basis of a visa (D-type) or on a visa-free basis (unless any international agreement stipulates otherwise) and it cannot exceed a period of 6 months a year.

(17)  Remarks of Germany: The following groups of employees are not considered as carrying out a paid activity and are therefore visa-free under the specified conditions::

As paid activity is also understood the self employed profession. Some special activities are not regarded as paid activity: (§17. 2 of the ordinance on residence in connection with § 16 of the ordinance on employment, for example special drivers). These persons may enter visa free under the conditions especially set out.

(18)  It is a general requirement that the person holds a valid travel document issued in accordance with the rules of the Agreement of 15 October 1946 regarding the issue of travel documents to refugees, the Convention relating to the Status of Refugees of 28 July 1951 or the Convention relating to the Status of Stateless Persons of 28 September 1954. The travel document must contain an authorisation to return which has a sufficiently long period of validity.

(19)  For Germany: applies in each case from the date of entry into force of the agreements and conventions referred to in footnote (*) on the issue of travel documents to refugees and stateless persons.

(20)  Poland: for visits up to 3 months and not for paid activity.

(21)  The British Overseas Territories Act 2002, which entered into force on 21 May 2002, has introduced major changes to the status of the Overseas Territories and the rules governing the nationality under the law of persons who are dependent on that status in the United Kingdom.

(22)Estonia: All British Overseas Territories are subject to a visa requirement unless in travel document ‘citizen of European Community’ is marked

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Commission communication in the framework of the implementation of the Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

(2006/C 311/07)

The following list contains references to harmonised standards for pressure equipment and harmonised supporting standards for materials used in manufacturing pressure equipment. In the case of a harmonised supporting standard for materials, presumption of conformity to the essential safety requirements is limited to technical data of materials in the standard and does not presume adequacy of the material to a specific item of equipment. Consequently the technical data stated in the material standard shall be assessed against the design requirements of this specific item of equipment to verify that the essential safety requirements of the PED are satisfied.

NOTE:

More information about harmonised standards on the Internet at

http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/

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(1)  ESO: European Standardisation Organisation:

(2)OJ L 204, 21.7.1998, p. 37.

(3)OJ L 217, 5.8.1998, p. 18.

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Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 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 agricultural products

(Text with EEA relevance)

(2006/C 311/08)

Aid No: XA 72/06

Member State: Italy

Region: Piedmont

Title of aid scheme or name of company receiving individual aid: Aid for tangible and intangible investments (Regional Law No 23/2004)

Legal basis: Deliberazione della Giunta regionale n. 56 — 3081 del 5.6.2006 (B.U.R.P. n. 24 del 15.6.2006) ‘Legge regionale 23/2004, Interventi per lo sviluppo e la promozione della cooperazione. Articolo 6, commi 1, 2. Approvazione del programma degli interventi a favore delle società cooperative operanti nel settore della trasformazione e commercializzazione dei prodotti agricoli e rientranti tra le piccole e medie imprese’.

Commission Regulation (EC) No 1/2004 of 23 December 2003 concerning the application of Articles 87 and 88 of the EC Treaty to aid for small and medium-sized enterprises involved in the production, processing and marketing of agricultural products. Published in Official Journal No L 1 of 3 January 2004. Entry into force: 23 January 2004 (Article 14).

Planned annual expenditure under the scheme: EUR 10 million

Maximum aid intensity: Non-repayable grants to cover the general costs, such as consultants' and planners' fees and feasibility studies, up to a maximum of 12 % of the costs forecast for tangible investments, to set up and develop systems to certify product quality and traceability, to cover vocational and management training for members and to set up and consolidate business accounting systems.

Grants are awarded for a minimum of EUR 5 000 up to a maximum of EUR 50 000.

Loans at a subsidised rate in cooperation with financial institutions to build, purchase and restructure immovable property (excluding the purchase of land) and to purchase machines, new equipment (including IT programmes), vehicles and containers specifically for transporting semi-processed or end produce from processing and marketing plants to distribution channels, provided the vehicles and containers are directly and exclusively used to transport such produce.

Loans cover up to 100 % of eligible costs for a five-year period (for production investments) or ten years for immovable property investments.

The amount of funding granted from the regional budget ranges from a minimum of EUR 7 500 to a maximum of EUR 350 000.

Aid may not exceed 40 % of eligible expenditure.

Date of implementation: October 2006. In any case, not until notification is received of the identification number given by the Commission, when it receives the summary information.

Duration of the scheme: 

Objective of aid: To promote and develop cooperative enterprise in Piedmont, to raise the quality of produce supplied by cooperatives and to improve management

The following articles of the Regulation are applicable: Article 7 and Article 13(a), (b), (c), (d) and (e).

Sectors concerned: The scheme applies to cooperatives classed as small and medium-sized enterprises engaged in the processing and marketing of agricultural products covered by Annex I to the EC Treaty.

Name and address of the granting authority: 

Web address: www.regione.piemonte.it/lavoro/index.htm

Other information: Beneficiaries must:

not be bankrupt or in receivership, not have ceased or suspended their activities, not be subject to a court case or be involved in any similar proceedings;

prove they are profitable and financially sound;

prove they meet the minimum requirements on health, environment and animal welfare.

The following costs are not eligible:

products originating in third countries;

investments that do not contribute to improving the situation of the agricultural production sectors concerned;

investments at retail level;

the purchase of transport engines;

non-depreciable investments

Likewise aid will not be granted for:

investments in breach of limits or restrictions applicable under common market organisations; specifically, aid will not be granted for investments that exceed EU limits in the various sectors;

investments concerning the manufacture and marketing of products which imitate or replace milk and milk products;

initiatives intended to support research or promotion campaigns for agricultural products

XA Number: XA 91/06

Member State: Austria

Region: Burgenland

Title of aid scheme: Guidelines concerning the granting of non-repayable premiums to small and medium-sized enterprises active in the production, processing and marketing of agricultural products under Landes-Wirtschaftsförderungsgesetz 1994 — WiföG

Legal basis: Gesetz vom 24. März 1994 über Maßnahmen zur Gewährleistung der wirtschaftlichen Entwicklung im Burgenland (Landes-Wirtschaftsförderungsgesetz 1994 — WiföG), LGBl. Nr. 33/1994, in der Fassung des Gesetzes LGBl. Nr. 64/1998.

Annual expenditure planned under the scheme: Planning for 2006

Year 2006: Investment aid in EUR 1 500 000

Maximum aid intensity: 

Premiums of +15 % can be awarded.

The maximum amount is EUR 725 000 for investments in processing and marketing and EUR 100 000 over a period of three years for providing technical support in the agricultural sector.

The level of support is subject to the limit set by Regulation (EC) No 1/2004.

Date of implementation: The aid may be awarded following publication of the scheme in the Burgenland official gazette. Such publication is planned at the earliest for 10 working days after notification of this summary

Duration of scheme: The scheme runs until 31 December 2006

Objective of aid: To improve the regional economic infrastructure of SMEs active exclusively in the processing and marketing of agricultural products

The main focus of the scheme is on:

special aid for enterprises which place a strong emphasis on growth

making companies in Burgenland more internationally-oriented

encouraging small-scale projects by such companies that show good signs of growth or which are expected to add value in the long term

The only costs which are eligible are those which fall under the following articles:

Article 7 — investment in processing and marketing

Article 14 — provision of technical support in the agricultural sec

Sector(s) concerned: This scheme covers all economic sectors except the tourism and leisure sector and primary agricultural and forestry production

Name and address of granting authority: 

Internet address: www.wibag.at

XA number: XA 99/06

Member State: Netherlands

Region: Not applicable

Title of aid scheme or name of company receiving individual aid: Investment scheme on saving energy

Legal basis: Voorziene jaarlijkse uitgaven krachtens de regeling of totaalbedrag van de aan de onderneming verleende individuele steun

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: 2007: EUR 6 million

Maximum aid intensity: 25 %

Date of implementation: Applications can be submitted from 15 to 29 November 2006.

Duration of scheme or individual aid award: The scheme is non-recurring. Payments will be made by 30 June 2007 at the latest

Objective of aid: Primary objective: to reduce production costs. Secondary objective: to preserve and improve the natural environment. The scheme is based on Article 4 of Regulation (EC) No 1/2004. Investment directed at saving energy is eligible

Economic sector(s) concerned: agricultural holdings, in particular glasshouse horticultural holdings

Name and address of the granting authority: Minister van Landbouw, Natuur en Voedselkwaliteit

Website: www.minlnv.nl/loket

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Notice of initiation of an anti-dumping proceeding concerning imports of polyvinyl alcohol (PVA) originating in the People's Republic of China and Taiwan

(2006/C 311/09)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of polyvinyl alcohol (PVA), originating in the People's Republic of China and Taiwan (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 6 November 2006 by Kuraray Specialties Europe GmbH (‘the complainant’) representing a major proportion, in this case more than 25 %, of the total Community production of polyvinyl alcohol (PVA).

2.   Product

The product allegedly being dumped is certain polyvinyl alcohols in the form of homo-polymer resins with a viscosity (measured in 4 % solution) of 3 mPas or more but not exceeding 61 mPas and a degree of hydrolysis of 84,0 mol % or more but not exceeding 99,9 mol % originating in the People's Republic of China and Taiwan (‘the product concerned’), normally declared within CN code ex 3905 30 00. This CN code is only given for information.

3.   Allegation of dumping

The allegation of dumping in respect of Taiwan is based on a comparison of normal value established on the basis of domestic prices, with the export prices of the product concerned to the Community.

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established a normal value for the People's Republic of China on the basis of the price in a market economy country, which is mentioned in point 5.1(d). The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China and Taiwan have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the level of prices charged by the Community industry, resulting in substantial adverse effects on its financial situation and employment situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China and Taiwan is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

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

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

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

(ii)   Sampling for importers

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

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

(iii)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, to the exporters/producers in Taiwan, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting countries concerned.

(i)   Exporters/producers in Taiwan

All such interested parties should contact the Commission forthwith by fax, but not later than the time limit set out in point 6(a)(i), in order to find out whether they are listed in the complaint and, if necessary, request a questionnaire, given that the time limit set in point 6(a)(ii) applies to all such interested parties.

(ii)   Exporters/producers claiming an individual margin in the People's Republic of China

Exporters/producers in the People's Republic of China claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(a)(i). However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose Japan as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).

(e)   Market economy status

For those exporters/producers in the People's Republic of China who claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in point 6(d). The Commission will send claim forms to all exporters/producers in the People's Republic of China who have either been included in the sample or named in the complaint and to any association of exporters/producers named in the complaint, as well as to the authorities of the People's Republic of China.

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire or other claim forms

All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

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

(d)   Specific time limit for submission of claims for market economy status and/or for individual treatment

Duly substantiated claims for market economy status (as mentioned in point 5.1(e)) and/or for individual treatment pursuant to Article 9(5) of the basic Regulation, must reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (5)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

8.   Non-cooperation

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

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

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.

----

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

(2)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample, Article 9(5) of the basic Regulation concerning individual treatment in cases involving non market economy countries/economies in transition, and Article 2(7)(b) of the basic Regulation for companies claiming market economy status. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation and that claims regarding market economy status necessitate an application pursuant to Article 2(7)(b) of the basic Regulation.

(3)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(4)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

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

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of solutions of urea and ammonium nitrate originating in Russia

(2006/C 311/10)

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

1.   Request for review

The request was lodged by Novomoskovskiy Azot and Nevinnomyssky Azot, members of Joint Stock Company ‘Mineral and Chemical Company Eurochem’ (‘the applicant’), exporting producers from Russia.

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

2.   Product

The product under review is mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution originating in Russia (‘the product concerned’), currently classifiable within CN code 3102 80 00. This CN code is given only for information.

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1995/2000 (2), as last amended by Council Regulation (EC) No 1675/2003 (3), on imports of solutions of urea and ammonium nitrate originating in Russia.

A notice of initiation of an expiry review of the anti-dumping measures applicable to imports of the product concerned originating in Russia was published on 22 September 2005 (4). This review is still on-going.

4.   Grounds for the review

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

The applicant alleges and provides prima facie evidence showing that the comparison of its own normal value and, in the absence of exports to the European Community, export prices to an appropriate third country, in this case, the United States of America, would lead to a reduction of dumping significantly below the level of the current measures. Therefore the continued imposition of measures at the existing levels, which were based on the level of dumping previously established, is no longer necessary to offset dumping

5.   Procedure for the determination of dumping

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

In the context of the investigation, it will be determined, inter alia, to what extent export prices to a third country or countries should be used in deciding whether the basis on which the existing measures were established have changed and whether these changes are of lasting nature.

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

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from other exporting producers in Russia as set out in Article 1(2) of Regulation (EC) No 1995/2000.

(a)   Questionnaires

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

(b)   Collection of information and holding of hearings

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

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

6.   Time limits

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

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

(b)   Hearings

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labeled as ‘Limited (5)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-co-operation

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

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

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

----

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

(2)OJ L 238, 22.9.2000, p. 15.

(3)OJ L 238, 25.9.2003, p. 4.

(4)OJ C 233, 22.9.2005, p. 14.

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

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Commission notice to producers of maize

(2006/C 311/11)

The Commission wishes to draw the attention of Community producers of maize to the proposal for a Council Regulation which it adopted on 15 December 2006, designed to amend Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1). Specifically, this proposal provides for the removal of maize from the intervention arrangements with effect from the 2007/08 marketing year.

----

(1)  COM (2006) 755.

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Prior notification of a concentration

(Case COMP/M.4514 — Advent/Carlyle/H.C.Starck)

Candidate case for simplified procedure

(Text with EEA relevance)

(2006/C 311/12)

----

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

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

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

(2006/C 311/13)

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

1.   Request for review

The request was lodged by OJSC Acron and OJSC Dorogobuzh, members of ‘Acron’ Holding Company (‘the applicant’), exporting producers from Russia.

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

2.   Product

The product under review is solid fertilisers with an ammonium nitrate content exceeding 80 % by weight originating in Russia (‘the product concerned’), currently classifiable within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 658/2002 (2), as last amended by Council Regulation (EC) No 945/2005 (3) on imports of ammonium nitrate originating in Russia.

4.   Grounds for the review

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

The applicant alleges and provides prima facie evidence showing that a comparison between its own costs and export prices would lead to a reduction of dumping significantly below the level of the current measures. Therefore the continued imposition of measures at the existing levels, which were based on the level of dumping previously established, is no longer necessary to offset dumping.

5.   Procedure for the determination of dumping

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

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

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports from other exporting producers of the product concerned as set out in Article 1 of Regulation (EC) No 658/2002.

(a)   Questionnaires

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

(b)   Collection of information and holding of hearings

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

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

6.   Time limits

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

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

(b)   Hearings

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labeled as ‘Limited (4)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-co-operation

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

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

9.   Schedule of the investigation

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

----

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

(2)OJ L 102, 18.4.2002, p. 1.

(3)OJ L 160, 23.6.2005, p. 1.

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

----

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Ukraine

(2006/C 311/14)

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

1.   Request for review

The request was lodged by Open Joint Stock Company (OJSC) Azot Cherkassy (‘the applicant’), an exporting producer from Ukraine.

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

2.   Product

The product under review is solid fertilisers with an ammonium nitrate content exceeding 80 % by weight originating in Ukraine (‘the product concerned’), currently classifiable within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 132/2001 (2), as last amended by Council Regulation (EC) No 945/2005. (3) on imports of ammonium nitrate originating in Ukraine.

A notice of initiation of an expiry review of the anti-dumping measures applicable to imports of the product concerned originating in Ukraine was published on 25 January 2006 (4). This expiry review is still on-going.

4.   Grounds for the review

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

The applicant alleges and provides prima facie evidence showing that a comparison between its own costs and export prices would lead to a reduction of dumping significantly below the level of the current measures. Therefore the continued imposition of measures at the existing levels, which were based on the level of dumping previously established, is no longer necessary to offset dumping.

5.   Procedure for the determination of dumping

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

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

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports from other exporting producers of the product concerned as set out in Article 1 of Regulation (EC) No 132/2001.

(a)   Questionnaires

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

(b)   Collection of information and holding of hearings

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

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

6.   Time limits

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

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

(b)   Hearings

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labeled as ‘Limited (5)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-co-operation

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

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

9.   Schedule of the investigation

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

----

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

(2)OJ L 23, 25.1.2001, p.1.

(3)OJ L 160, 23.6.2005, p. 1.

(4)OJ C 18, 25.1.2006, p. 2.

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

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List of third countries recognised under the procedure laid down in Article 18(3) of Directive 2001/25/EC on the minimum level of training of seafarers (1)

(Situation on 20 November 2006)

(Text with EEA relevance)

(2006/C 311/15)

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(1)OJ L 136, 18.5.2001, p. 17. Directive as amended by Directive 2003/103/EC (OJ L 326, 13.12.2003, p. 28).

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----

Prior notification of a concentration

(Case COMP/M.4520 — Industri Kapital/Attendo)

Candidate case for simplified procedure

(Text with EEA relevance)

(2006/C 311/16)

----

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

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

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Corresponding values of the thresholds of Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council

(2006/C 311/17)

The corresponding values in the national currencies of Bulgaria and Romania of the thresholds of Directives 2004/17/EC and 2004/18/EC, as last amended by Commission Regulation (EC) No 2083/2005 (1), are the following:

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(1)OJ L 333, 20.12.2005, p. 28.

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Non-opposition to a notified concentration

(Case COMP/M.4433 — RREEF/Peel Ports Holdings/Peel Ports)

(Text with EEA relevance)

(2006/C 311/18)

On 11 December 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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The European Anti-fraud Office (OLAF)

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RULES OF PROCEDURE OF THE OLAF SUPERVISORY COMMITTEE

(2006/C 311/19)

THE SUPERVISORY COMMITTEE,

Having regard to Article 11(6) of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (1),

Having regard to Article 11(6) of Regulation (Euratom) No 1074/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (2),

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

TITLE I

ROLE AND RESPONSIBILITIES OF THE SUPERVISORY COMMITTEE

Article 1

Tasks

The Supervisory Committee of the European Anti-Fraud Office (OLAF) shall carry out the tasks laid down in Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999.

Article 2

Powers

1.   In performing its tasks, the Supervisory Committee shall exercise the powers laid down in Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999 and other applicable provisions.

2.   In particular, in order to conduct regular monitoring of the implementation of the investigative function of OLAF, the Supervisory Committee may, in conjunction with OLAF, establish arrangements setting out detailed rules on such monitoring. Such arrangements shall also set out mechanisms for the confidential treatment of information and documents provided by OLAF and other matters of common interest.

3.   The Supervisory Committee shall take appropriate decisions on the information forwarded to it by the Director-General of OLAF, in accordance with Article 11(7) of Regulation (EC) No 1073/1999 and Article 11(7) of Regulation (Euratom) No 1074/1999.

4.   The Supervisory Committee shall exercise its powers in accordance with the provisions of Title III.

TITLE II

COMPOSITION AND OPERATION

Article 3

Composition

1.   The composition and method of appointment and the term of office of members of the Supervisory Committee are laid down in Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999.

2.   Where a member of the Supervisory Committee is prevented from serving on the Committee or resigns his seat, he shall notify the chairman of the Committee accordingly so that appropriate measures can be taken.

Article 4

Ethics

1.   In accordance with Article 11(5) of Regulation (EC) No 1073/1999 and Article 11(5) of Regulation (Euratom) No 1074/1999, in carrying out their duties, the members of the Supervisory Committee shall neither seek nor take instructions from any government or any institution, body, office or agency.

2.   Likewise, as provided for in the Decision on their appointment, they shall not deal with a matter in which, directly or indirectly, they have any personal interest such as to impair their independence, and, in particular, any family or financial interests.

They shall treat the files submitted to them and their deliberations concerning them in strict secrecy.

3.   The members of the Supervisory Committee shall inform it of any situation liable to compromise any of the principles governing its activity as referred to in paragraphs 1 and 2 so that the Committee may take appropriate measures.

Article 5

Chairmanship

1.   The Supervisory Committee shall elect a chairman from among its members by a majority of its members.

2.   The chairman shall be elected for a term of one year and may be re-elected. The election shall be held at the last meeting chaired by the outgoing chairman.

3.   Where the chairman is prevented for any reason from performing his duties over a long period, he shall inform the Committee members of his situation. In that event, a new chairman shall be elected by the procedure set out in paragraph 1.

4.   The chairman shall represent the Supervisory Committee and chair its meetings. He shall ensure that its proceedings are properly conducted. The chairman shall convene Committee meetings and determine where, on what date and at what time they shall take place. He shall draw up the draft agenda and ensure that the decisions of the Committee are implemented.

5.   Where he is temporarily unable to perform his duties, the chairman may request a Committee member to deputise for him.

6.   If the chairman is absent and the procedure referred to in paragraph 5 has not been employed, the office of chairman shall be exercised by the oldest member.

7.   The chairman shall have full power to send or reply to letters concerning Supervisory Committee activities. The chairman shall inform Committee members of the letters which he has received or to which he has replied.

Article 6

Meetings

1.   The Supervisory Committee shall exercise its powers when meeting as a body. It shall meet at least ten times per year. It shall be quorate only if the majority of its members are present. It shall also meet on the initiative of the chairman or at the request of a majority of its members.

2.   Other than in cases which the chairman considers urgent, notices of meetings shall be sent in sufficient time to reach the recipients at least one week before the meeting in question. The notice shall include the draft agenda and the documents required for the meeting, unless the nature of the documents is such that they cannot be attached. The final agenda shall be adopted at the beginning of each meeting.

3.   Any member may request the chairman to place items or specific matters on the draft agenda or add such items thereto.

4.   At the request of the Director-General of OLAF, the chairman may convene the Supervisory Committee or place items on the agenda. The proposals of the Director-General shall be accompanied by the necessary documents.

5.   The Supervisory Committee may invite the Director-General of OLAF to take part in meetings and activities connected with its work. Other members of OLAF may be invited to take part in a meeting of the Committee if their presence is deemed necessary. Such invitations shall be made through the Director-General of OLAF.

The Director-General of OLAF shall be informed of items on the agenda relating to participation by the persons referred to in the first subparagraph.

6.   Any representative of the institutions, bodies, offices or agencies of the Communities, Member States or associated States may be invited to participate in the Supervisory Committee's work relating to a particular item on the meeting's agenda.

Article 7

Working methods

1.   Meetings of the Supervisory Committee shall not be held in public. Its proceedings and the Committee's internal documents on which they are based shall be confidential, unless the Committee decides otherwise.

Documents and information submitted by the Director-General of OLAF shall be subject to the provisions of Article 287 of the EC Treaty on the protection of confidentiality, of Article 8 of Regulation (EC) No 1073/1999 and of Article 8 of Regulation (Euratom) No 1074/1999.

2.   The Supervisory Committee shall adopt a maximum of three working languages. Documents and draft opinions, reports or decisions shall be drawn up in the working languages adopted by the Committee. Where necessary, a member may request that any document be translated into his own language.

3.   Opinions, reports and decisions shall be adopted at meetings of the Supervisory Committee in plenary session.

4.   However, by way of exception to that principle, certain decisions may be taken by written procedure where the Supervisory Committee has approved the use of such a procedure at an earlier meeting.

In urgent cases, the chairman may consult members of the Committee in writing.

In either of those cases, he shall forward a draft decision to the Committee members. If the members raise no objections to the draft decision within a time-limit to be specified by the chairman, namely five working days following receipt of the proposal, the proposal shall be deemed to have been adopted. If, within five working days of receipt of the draft decision, a member requests that it be discussed by the Committee, the written procedure shall be suspended.

Article 8

Rapporteurs

1.   To prepare for its discussions or proceedings, the Supervisory Committee, on a proposal by the chairman, may appoint one or more rapporteurs from among its members.

2.   If the matter to be dealt with is urgent, the chairman may make the appointment on his own initiative. In that event, he shall inform the Committee members forthwith.

3.   The rapporteur shall consider matters entrusted to his responsibility and submit a draft report to the Supervisory Committee. Where necessary, he shall be assisted by the Committee secretariat.

Article 9

Checks, studies, and expert advice

Within the scope of its powers, the Supervisory Committee may carry out appropriate checks, conduct any study or obtain any necessary expert advice. It may also request the assistance of officials or other servants of OLAF or of the institutions, bodies, offices or agencies of the Communities, Member States or associated States.

Article 10

Voting procedure

1.   Decisions shall be taken by a majority of the members of the Supervisory Committee on a proposal by the chairman.

2.   On a proposal by a member, a vote may be taken by secret ballot.

Article 11

Minutes

1.   Minutes shall be taken of every Supervisory Committee meeting. They shall be drawn up in the Committee's working languages.

2.   The draft minutes shall be drawn up by the secretariat under the supervision of the chairman and submitted to the members of the Supervisory Committee with a view to their approval at its next meeting.

3.   Any member may propose at the time of approval that the minutes be amended. Members may likewise request that any written statements or documents deemed useful be attached to the minutes.

4.   Once the minutes have been adopted, the chairman and the person responsible for the secretariat shall sign them and they shall be archived in the records of the Committee secretariat. The minutes may be made public if the Committee so decides.

Article 12

Secretariat

1.   In accordance with Article 11(6) of Regulation (EC) No 1073/1999 and Article 11(6) of Regulation (Euratom) No 1074/1999, the Supervisory Committee shall have a secretariat to assist it in the performance of its duties.

2.   The Supervisory Committee shall inform the Director-General of OLAF of the secretariat's needs as regards suitable staff and resources to ensure the performance of the Committee's duties and to guarantee the continuity of its work.

3.   Secretariat staff shall be required to treat as confidential information which comes to their knowledge. They shall remain bound by that obligation after leaving the service. If the Supervisory Committee becomes aware that a member of the secretariat has infringed the obligation to respect confidentiality, the chairman shall notify the Director-General of OLAF so that appropriate action may be taken.

4.   The secretariat shall contribute to the efficient performance of the tasks assigned to the Supervisory Committee with a view to reinforcing OLAF's independence. It shall in that respect assist the chairman in the preparations for and the conduct of meetings. It shall draw up a draft agenda for each meeting, draw up draft minutes of meetings, supply Committee members with information and documents relating to every sphere of their activities, assist, under the chairman's direction, in the drafting of texts, and assist Committee members, especially when they act as rapporteurs. For that purpose, members of the secretariat shall attend meetings as necessary with rapporteurs in order to carry out those tasks.

TITLE III

EXERCISE OF POWERS

Article 13

Action to be taken on information supplied by the Director-General

1.   The Supervisory Committee, after examining the programme of activities forwarded to it by the Director-General of OLAF each year, may deliver an opinion setting out relevant comments on any area that falls within its remit.

It shall also study the information sent to it regularly by the Director-General concerning OLAF's activities, and shall deliver opinions on that information in conformity with the second subparagraph of Article 11(1) of Regulation (EC) No 1073/1999 and the second subparagraph of Article 11(1) of Regulation (Euratom) No 1074/1999.

2.   In accordance with Article 11(7) of Regulation (EC) No 1073/1999 and Article 11(7) of Regulation (Euratom) No 1074/1999, the Supervisory Committee shall be kept regularly informed of OLAF's investigations, the results thereof and the action taken on them. The Committee may make appropriate comments without, however, interfering with the conduct of investigations in progress.

3.   The Supervisory Committee shall examine the reasons why it has not been possible to wind up an investigation that has been in progress for more than nine months and shall also examine the expected time for completion.

4.   The Committee shall examine cases where an institution, body, office or agency has failed to act on the recommendations made by the Director-General. It shall at the same time consider situations in which the work of OLAF investigators has been obstructed, delayed or prevented, with a view to taking appropriate action.

5.   Cases requiring information to be forwarded to the judicial authorities of a Member State shall be examined on the basis of the information provided by the Director-General of OLAF and in accordance with Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999. Follow-up shall also be carried out on this basis.

6.   While assisting the Director-General of OLAF in discharging his responsibilities, the Supervisory Committee may deliver opinions on OLAF's contribution to the design and development of methods of fighting fraud and other illegal activity affecting the financial interests of the Communities.

Article 14

Activity report

1.   In accordance with Article 11(8) of Regulation (EC) No 1073/1999 and Article 11(8) of Regulation (Euratom) No 1074/1999, the Supervisory Committee shall adopt at least one report on its activities per year and send it to the institutions. The report shall cover the activities pursued in the exercise of the Committee's powers and contain an assessment of OLAF's activities and the implementation of its annual programme.

2.   The report shall be drawn up during the first half of each year in respect of the preceding year and shall be submitted to the Committee by one or more rapporteurs.

3.   It may include an annex listing the opinions delivered by the Committee.

It may also be accompanied by any reports which the Committee has submitted, pursuant to Article 11(8) of Regulation (EC) No 1073/1999 or Article 11(8) of Regulation (Euratom) No 1074/1999, to the European Parliament, the Council, the Commission and the Court of Auditors on the results of the OLAF's investigations and the action taken thereon.

4.   The Supervisory Committee shall take the necessary steps to have its activity report published in the Official Journal of the European Union, after sending it to the European Parliament, the Council and the Commission.

Article 15

Opinion procedure for appointment of the Director-General

1.   After examining the applications for the post of Director-General of OLAF, the Supervisory Committee shall issue an opinion containing an explanatory statement setting out the criteria used to assess the candidates' merits.

It shall also contain the opinion of the Committee on the candidates, as provided for by Article 12(2) of Regulation (EC) No 1073/1999 and Article 12(2) of Regulation (Euratom) No 1074/1999.

2.   If no candidate has been given a favourable opinion, the chairman shall inform the Commission that the Committee has voted against the applications submitted.

Article 16

Disciplinary procedure applicable to the Director-General

Where it has been consulted in accordance with Article 12(4) of Regulation (EC) No 1073/1999 or Article 12(4) of Regulation (Euratom) No 1074/1999, the Supervisory Committee shall issue a reasoned opinion.

Article 17

Confidentiality and processing of personal data

1.   The Supervisory Committee shall ensure that Article 8 of Regulation (EC) No 1073/1999 and Article 8 of Regulation (Euratom) No 1074/1999 are applied.

2.   Acting on its own initiative or on the initiative of the Director-General of OLAF, the Supervisory Committee may decide to deliver an opinion.

Article 18

Budget

1.   The Supervisory Committee shall deliver an opinion on the preliminary draft budget submitted by the Director-General of OLAF and addressed to the Commission's Directorate-General for Budgets.

2.   The secretariat shall draw up annual budget proposals for the operating purposes of the Supervisory Committee, which shall be forwarded to the Director-General after they have been approved by the Committee.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Article 19

Review and amendment of the Rules of Procedure

1.   These Rules of Procedure shall be reviewed by the Supervisory Committee within one year of their entry into force.

2.   Any member of the Committee may propose amendments at any time and submit them in writing to the chairman. Amendments shall be put to the vote at the first meeting following their submission, in accordance with the voting procedure set out in Article 10.

Article 20

Entry into force and publication of the Rules of Procedure

1.   These Rules of Procedure shall enter into force on the day following their adoption by the Supervisory Committee. These Rules of Procedure replace the former Rules of Procedure published in the Official Journal of the European Communities in 2000 (3).

2.   After they have been adopted, the Supervisory Committee shall take the necessary steps to have them published in the Official Journal of the European Union.

Done at Brussels, 24 August 2006.

For the OLAF Supervisory Committee

The Chairman

Rosalind WRIGHT

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(1)OJ L 136, 31.5.1999, p. 1.

(2)OJ L 136, 31.5.1999, p. 8.

(3)OJ L 41, 15.2.2000.

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