# Official Journal C 229/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 229 |
| | |
| English edition | Information and Notices | Volume 5029 September 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 229

English edition

Information and Notices

Volume 5029 September 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 229/01 | Non-opposition to a notified concentration (Case COMP/M.4832 — PENSKE/GM/JV) (
  1
  ) | 1 |
| 2007/C 229/02 | Non-opposition to a notified concentration (Case COMP/M.4540 — NESTLE/NOVARTIS (Medical nutrition business)) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 229/01

Non-opposition to a notified concentration (Case COMP/M.4832 — PENSKE/GM/JV) (
  1
  )

1

1

2007/C 229/02

Non-opposition to a notified concentration (Case COMP/M.4540 — NESTLE/NOVARTIS (Medical nutrition business)) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 229/03 | Euro exchange rates | 2 |
| 2007/C 229/04 | Commission notice concerning the date of application of the protocols on rules of origin providing for diagonal cumulation between the Community, Algeria, Egypt, Faroe Islands, Iceland, Israel, Jordan, Lebanon, Morocco, Norway, Switzerland (including Liechtenstein), Syria, Tunisia, Turkey and West Bank and Gaza Strip | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 229/03

Euro exchange rates

2

2007/C 229/04

Commission notice concerning the date of application of the protocols on rules of origin providing for diagonal cumulation between the Community, Algeria, Egypt, Faroe Islands, Iceland, Israel, Jordan, Lebanon, Morocco, Norway, Switzerland (including Liechtenstein), Syria, Tunisia, Turkey and West Bank and Gaza Strip

3

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2007/C 229/05 | I-Rome: operation of scheduled air services — Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cuneo Levaldigi and Rome Fiumicino and vice versa | 5 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2007/C 229/06 | Notice of initiation of a partial interim review of the countervailing measures applicable to imports of sulphanilic acid originating in India | 9 |
| 2007/C 229/07 | Notice of the impending expiry of certain countervailing measures | 12 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2007/C 229/08 | Prior notification of a concentration (Case COMP/M.4825 — SFR/Somart/Débitel France) (
  1
  ) | 13 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2007/C 229/05

I-Rome: operation of scheduled air services — Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cuneo Levaldigi and Rome Fiumicino and vice versa

5

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2007/C 229/06

Notice of initiation of a partial interim review of the countervailing measures applicable to imports of sulphanilic acid originating in India

9

2007/C 229/07

Notice of the impending expiry of certain countervailing measures

12

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2007/C 229/08

Prior notification of a concentration (Case COMP/M.4825 — SFR/Somart/Débitel France) (
  1
  )

1

13

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 29.9.2007 | EN | Official Journal of the European Union | C 229/1 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/1

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Non-opposition to a notified concentration

(Case COMP/M.4832 — PENSKE/GM/JV)

(Text with EEA relevance)

(2007/C 229/01)

On 3 September 2007, 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:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32007M4832. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4832. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

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| 29.9.2007 | EN | Official Journal of the European Union | C 229/1 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/1

---

Non-opposition to a notified concentration

(Case COMP/M.4540 — NESTLE/NOVARTIS (Medical nutrition business))

(Text with EEA relevance)

(2007/C 229/02)

On 29 June 2007, 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(2) 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:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32007M4540. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4540. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 29.9.2007 | EN | Official Journal of the European Union | C 229/2 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/2

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Euro exchange rates (1)

28 September 2007

(2007/C 229/03)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4179 |
| JPY | Japanese yen | 163,55 |
| DKK | Danish krone | 7,4544 |
| GBP | Pound sterling | 0,69680 |
| SEK | Swedish krona | 9,2147 |
| CHF | Swiss franc | 1,6601 |
| ISK | Iceland króna | 87,87 |
| NOK | Norwegian krone | 7,7185 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5842 |
| CZK | Czech koruna | 27,532 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 250,69 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7038 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7730 |
| RON | Romanian leu | 3,3441 |
| SKK | Slovak koruna | 33,877 |
| TRY | Turkish lira | 1,7159 |
| AUD | Australian dollar | 1,6073 |
| CAD | Canadian dollar | 1,4122 |
| HKD | Hong Kong dollar | 11,0055 |
| NZD | New Zealand dollar | 1,8737 |
| SGD | Singapore dollar | 2,1066 |
| KRW | South Korean won | 1 297,59 |
| ZAR | South African rand | 9,7562 |
| CNY | Chinese yuan renminbi | 10,6429 |
| HRK | Croatian kuna | 7,2773 |
| IDR | Indonesian rupiah | 12 966,70 |
| MYR | Malaysian ringgit | 4,8315 |
| PHP | Philippine peso | 63,841 |
| RUB | Russian rouble | 35,3490 |
| THB | Thai baht | 45,063 |

Currency

Exchange rate

USD

US dollar

1,4179

JPY

Japanese yen

163,55

DKK

Danish krone

7,4544

GBP

Pound sterling

0,69680

SEK

Swedish krona

9,2147

CHF

Swiss franc

1,6601

ISK

Iceland króna

87,87

NOK

Norwegian krone

7,7185

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5842

CZK

Czech koruna

27,532

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

250,69

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7038

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7730

RON

Romanian leu

3,3441

SKK

Slovak koruna

33,877

TRY

Turkish lira

1,7159

AUD

Australian dollar

1,6073

CAD

Canadian dollar

1,4122

HKD

Hong Kong dollar

11,0055

NZD

New Zealand dollar

1,8737

SGD

Singapore dollar

2,1066

KRW

South Korean won

1 297,59

ZAR

South African rand

9,7562

CNY

Chinese yuan renminbi

10,6429

HRK

Croatian kuna

7,2773

IDR

Indonesian rupiah

12 966,70

MYR

Malaysian ringgit

4,8315

PHP

Philippine peso

63,841

RUB

Russian rouble

35,3490

THB

Thai baht

45,063

---

(1)

Source: reference exchange rate published by the ECB.

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| 29.9.2007 | EN | Official Journal of the European Union | C 229/3 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/3

---

Commission notice concerning the date of application of the protocols on rules of origin providing for diagonal cumulation between the Community, Algeria, Egypt, Faroe Islands, Iceland, Israel, Jordan, Lebanon, Morocco, Norway, Switzerland (including Liechtenstein), Syria, Tunisia, Turkey and West Bank and Gaza Strip

(2007/C 229/04)

For the purpose of the creation of diagonal cumulation of origin among the Community, Algeria, Egypt, Faroe Islands, Iceland, Israel, Jordan, Lebanon, Morocco, Norway, Switzerland (including Liechtenstein), Syria, Tunisia, Turkey and West Bank and Gaza Strip, the Community and the countries concerned notify each other, through the European Commission, of the origin rules in force with the other countries.

Based on the notifications received from the countries concerned, the table here enclosed gives an overview of the protocols on rules of origin providing for diagonal cumulation specifying the date from which such cumulation becomes applicable. This table replaces the previous one (OJ C 92, 27.4.2007).

It is recalled that cumulation can be only applied if the countries of final manufacture and of final destination have concluded free trade agreements, containing identical rules of origin, with all the countries participating in the acquisition of originating status, i.e. with all the countries from which all the materials used originate. Materials originating in the country which has not concluded an agreement with the countries of final manufacture and of final destination shall be treated as non-originating. Specific examples are given in the Explanatory Notes concerning the pan-Euro-Mediterranean protocols on rules of origin (1).

It is also recalled that:

| — | Switzerland and the Principality of Liechtenstein form a customs union, |
| --- | --- |

—

Switzerland and the Principality of Liechtenstein form a customs union,

| — | within the European Economic Area, which is composed of the EU, Iceland, Liechtenstein and Norway, the date of application is 1 November 2005. |
| --- | --- |

—

within the European Economic Area, which is composed of the EU, Iceland, Liechtenstein and Norway, the date of application is 1 November 2005.

The ISO-Alpha-2 codes for the country listed in the table are given here below.

| — | Algeria |
| --- | --- |

—

Algeria

DZ

| — | Egypt |
| --- | --- |

—

Egypt

EG

| — | Faroe Islands |
| --- | --- |

—

Faroe Islands

FO

| — | Iceland |
| --- | --- |

—

Iceland

IS

| — | Israel |
| --- | --- |

—

Israel

IL

| — | Jordan |
| --- | --- |

—

Jordan

JO

| — | Lebanon |
| --- | --- |

—

Lebanon

LB

| — | Liechtenstein |
| --- | --- |

—

Liechtenstein

LI

| — | Morocco |
| --- | --- |

—

Morocco

MA

| — | Norway |
| --- | --- |

—

Norway

NO

| — | Switzerland |
| --- | --- |

—

Switzerland

CH

| — | Syria |
| --- | --- |

—

Syria

SY

| — | Tunisia |
| --- | --- |

—

Tunisia

TN

| — | Turkey |
| --- | --- |

—

Turkey

TR

| — | West Bank and Gaza Strip |
| --- | --- |

—

West Bank and Gaza Strip

PS

Date of application of the protocols on rules of origin providing for diagonal cumulation in the pan-Euro-Med zone

| | EU | DZ | CH
  (EFTA) | EG | FO | IL | IS
  (EFTA) | JO | LB | LI
  (EFTA) | MA | NO
  (EFTA) | PS | SY | TN | TR |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| EU | | | 1.1.2006 | 1.3.2006 | 1.12.2005 | 1.1.2006 | 1.1.2006 | 1.7.2006 | | 1.1.2006 | 1.12.2005 | 1.1.2006 | | | 1.8.2006 | (2) |
| DZ | | | | | | | | | | | | | | | | |
| CH (EFTA) | 1.1.2006 | | | 1.8.2007 | 1.1.2006 | 1.7.2005 | 1.8.2005 | 17.7.2007 | 1.1.2007 | | 1.3.2005 | 1.8.2005 | | | 1.6.2005 | |
| EG | 1.3.2006 | | 1.8.2007 | | | | 1.8.2007 | 6.7.2006 | | 1.8.2007 | 6.7.2006 | 1.8.2007 | | | 6.7.2006 | 1.3.2007 |
| FO | 1.12.2005 | | 1.1.2006 | | | | 1.11.2005 | | | 1.1.2006 | | 1.12.2005 | | | | |
| IL | 1.1.2006 | | 1.7.2005 | | | | 1.7.2005 | 9.2.2006 | | 1.7.2005 | | 1.7.2005 | | | | 1.3.2006 |
| IS (EFTA) | 1.1.2006 | | 1.8.2005 | 1.8.2007 | 1.11.2005 | 1.7.2005 | | 17.7.2007 | 1.1.2007 | 1.8.2005 | 1.3.2005 | 1.8.2005 | | | 1.3.2006 | |
| JO | 1.7.2006 | | 17.7.2007 | 6.7.2006 | | 9.2.2006 | 17.7.2007 | | | 17.7.2007 | 6.7.2006 | 17.7.2007 | | | 6.7.2006 | |
| LB | | | 1.1.2007 | | | | 1.1.2007 | | | 1.1.2007 | | 1.1.2007 | | | | |
| LI (EFTA) | 1.1.2006 | | | 1.8.2007 | 1.1.2006 | 1.7.2005 | 1.8.2005 | 17.7.2007 | 1.1.2007 | | 1.3.2005 | 1.8.2005 | | | 1.6.2005 | |
| MA | 1.12.2005 | | 1.3.2005 | 6.7.2006 | | | 1.3.2005 | 6.7.2006 | | 1.3.2005 | | 1.3.2005 | | | 6.7.2006 | 1.1.2006 |
| NO (EFTA) | 1.1.2006 | | 1.8.2005 | 1.8.2007 | 1.12.2005 | 1.7.2005 | 1.8.2005 | 17.7.2007 | 1.1.2007 | 1.8.2005 | 1.3.2005 | | | | 1.8.2005 | |
| PS | | | | | | | | | | | | | | | | |
| SY | | | | | | | | | | | | | | | | |
| TN | 1.8.2006 | | 1.6.2005 | 6.7.2006 | | | 1.3.2006 | 6.7.2006 | | 1.6.2005 | 6.7.2006 | 1.8.2005 | | | | 1.7.2005 |
| TR | (2) | | | 1.3.2007 | | 1.3.2006 | | | | | 1.1.2006 | | | | 1.7.2005 | |

EU

DZ

CH

(EFTA)

EG

FO

IL

IS

(EFTA)

JO

LB

LI

(EFTA)

MA

NO

(EFTA)

PS

SY

TN

TR

EU

1.1.2006

1.3.2006

1.12.2005

1.1.2006

1.1.2006

1.7.2006

1.1.2006

1.12.2005

1.1.2006

1.8.2006

(2)

DZ

CH (EFTA)

1.1.2006

1.8.2007

1.1.2006

1.7.2005

1.8.2005

17.7.2007

1.1.2007

1.3.2005

1.8.2005

1.6.2005

EG

1.3.2006

1.8.2007

1.8.2007

6.7.2006

1.8.2007

6.7.2006

1.8.2007

6.7.2006

1.3.2007

FO

1.12.2005

1.1.2006

1.11.2005

1.1.2006

1.12.2005

IL

1.1.2006

1.7.2005

1.7.2005

9.2.2006

1.7.2005

1.7.2005

1.3.2006

IS (EFTA)

1.1.2006

1.8.2005

1.8.2007

1.11.2005

1.7.2005

17.7.2007

1.1.2007

1.8.2005

1.3.2005

1.8.2005

1.3.2006

JO

1.7.2006

17.7.2007

6.7.2006

9.2.2006

17.7.2007

17.7.2007

6.7.2006

17.7.2007

6.7.2006

LB

1.1.2007

1.1.2007

1.1.2007

1.1.2007

LI (EFTA)

1.1.2006

1.8.2007

1.1.2006

1.7.2005

1.8.2005

17.7.2007

1.1.2007

1.3.2005

1.8.2005

1.6.2005

MA

1.12.2005

1.3.2005

6.7.2006

1.3.2005

6.7.2006

1.3.2005

1.3.2005

6.7.2006

1.1.2006

NO (EFTA)

1.1.2006

1.8.2005

1.8.2007

1.12.2005

1.7.2005

1.8.2005

17.7.2007

1.1.2007

1.8.2005

1.3.2005

1.8.2005

PS

SY

TN

1.8.2006

1.6.2005

6.7.2006

1.3.2006

6.7.2006

1.6.2005

6.7.2006

1.8.2005

1.7.2005

TR

(2)

1.3.2007

1.3.2006

1.1.2006

1.7.2005

---

(1)  OJ C 83, 17.4.2007, p. 1.

(2)  For goods covered by the EC-Turkey customs union, the date of application is 27 July 2006.

For agricultural products, the date of application is 1 January 2007.

For coal and steel products, diagonal cumulation is not yet applicable.

---

V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 29.9.2007 | EN | Official Journal of the European Union | C 229/5 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/5

---

I-Rome: operation of scheduled air services

Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cuneo Levaldigi and Rome Fiumicino and vice versa

(2007/C 229/05)

Introduction

The Italian government (Ministry of Transport), in accordance with Article 4 of Regulation (EEC) No 2408/92 and with the decisions taken during the inter-departmental conference chaired by the Region of Piedmont, has approved this invitation to tender for a concession to operate scheduled air services between: Cuneo and Rome Fiumicino and vice versa.

The terms of this public service obligation were published in Official Journal of the European Union C 228 of 28.9.2007.

If within 30 days of the publication of this obligation no air carrier has applied to introduce scheduled air services on the abovementioned route in accordance with the obligation and without requesting financial compensation, the Italian government (Ministry of Transport), following the procedure laid down in Article 4(1)(d) of Regulation (EEC) No 2408/92, has decided to limit access to only one air carrier selected on the basis of an invitation to tender for the provision of the air service in question in accordance with the provisions of the above Regulation.

General provisions

This invitation to tender sets out the subject of the tender, the rules for participation, the rules governing the duration of, changes to and expiry of the contract, the penalties to be applied for failure to comply with the provisions, the guarantees to support the tender and the performance of the contract.

The right to operate the service on the route in question will be granted by means of a public tender on the basis of the most economically advantageous tender, taking into account the amount of financial compensation indicated in section 6 of this invitation to tender.

1.   Subject of the invitation to tender: The operation of scheduled air services on the route Cuneo Levaldigi to Rome Fiumicino and vice versa under the public service obligation published in Official Journal of the European Union C 228 of 28.9.2007, in accordance with the provisions of Regulation (EEC) No 2408/92.

2.   Participation: All Community air carriers as defined in Article 2(b) of Regulation (EEC) No 2408/92 that meet the following requirements may apply to participate:

General requirements:

| 1. | they are not bankrupt or being compulsorily wound up, have not entered into an arrangement with creditors and are not the subject of any such proceedings; |
| --- | --- |

1.

they are not bankrupt or being compulsorily wound up, have not entered into an arrangement with creditors and are not the subject of any such proceedings;

| 2. | they have not been banned under Article 9(2) of Legislative Decree No 231/2001 and are not subject to any other ban on concluding a contract with a public administration; |
| --- | --- |

2.

they have not been banned under Article 9(2) of Legislative Decree No 231/2001 and are not subject to any other ban on concluding a contract with a public administration;

| 3. | they have fulfilled their employment obligations relating to the payment of social security contributions; |
| --- | --- |

3.

they have fulfilled their employment obligations relating to the payment of social security contributions;

| 4. | they have not made misrepresentations concerning the requirements for participation in other tender procedures for the operation of scheduled air services under a public service obligation. |
| --- | --- |

4.

they have not made misrepresentations concerning the requirements for participation in other tender procedures for the operation of scheduled air services under a public service obligation.

For the purpose of checking that the above requirements are met, applicants must attest their compliance with point 3 with a certificate issued by INPS or INAIL indicating that they are up-to-date with their obligations and the certification required by Article 17 of Law No 68 of 12.3.1999 on disabled persons' right to work. For points 1, 2 and 4, applicants must send a statement equivalent to a certificate of compliance with Articles 46 and 47 of Decree No 445 of the President of the Republic of 28.12.2000.

For applicants from European Union Member States other than Italy, certificates or statements must be issued by the administrations or bodies of their country of origin and be accompanied by an Italian translation certified by the Italian consulate to be a true representation of the original.

Technical requirements:

| 1. | they must have an air operating licence issued in accordance with Regulation (EEC) No 2407/92; |
| --- | --- |

1.

they must have an air operating licence issued in accordance with Regulation (EEC) No 2407/92;

| 2. | they must be insured against accidents, particularly in respect of passengers, baggage, goods transported and third parties, in compliance inter alia with Regulation (EC) No 785/2004; |
| --- | --- |

2.

they must be insured against accidents, particularly in respect of passengers, baggage, goods transported and third parties, in compliance inter alia with Regulation (EC) No 785/2004;

| 3. | they must have an air operator's certificate (AOC) in accordance with Community legislation; |
| --- | --- |

3.

they must have an air operator's certificate (AOC) in accordance with Community legislation;

| 4. | they must not be on the blacklist of airlines that fail to satisfy European safety standards, as published on the following website: http://ec.europa.eu/transport/air-ban; |
| --- | --- |

4.

they must not be on the blacklist of airlines that fail to satisfy European safety standards, as published on the following website: http://ec.europa.eu/transport/air-ban;

| 5. | they must have an analytical accounting system that identifies the relevant costs (including fixed costs and income). |
| --- | --- |

5.

they must have an analytical accounting system that identifies the relevant costs (including fixed costs and income).

If, after having submitted an application to take part in the tender procedure, a carrier no longer meets these requirements, its tender will be automatically excluded from assessment.

If, after having concluded the agreement referred to in section 5, a carrier no longer meets these requirements, the provisions contained in sections 14 and 15 (penultimate paragraph) of this invitation to tender will apply.

3.   Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (h) and (i) of Council Regulation (EEC) No 2408/92.

4.   Tender dossier: Together with the model of the agreement referred to in section 5, the complete tender dossier, which sets out the specific rules applicable to the invitation to tender, the period of validity of the tenders and all other relevant information, constitutes, in every respect, an integral part of this invitation to tender and may be requested, free of charge, from the following address: ENAC, Direzione Trasporto Aereo, viale del Castro Pretorio, n. 118, I-00185 Rome, Italy, or by email from the following address: trasporto.aereo@enac.rupa.it.

5.   Service agreement: The service will be governed by an agreement between the carrier and ENAC, drawn up according to the model which forms part of the tender dossier.

6.   Financial compensation: The maximum amount of financial compensation available under the tender for a concession to operate air transport services on the route in question will be 1 150 000 EUR, including VAT, per year.

Tenders must be drawn up as specified in the tender dossier and, on the section of the form setting out the bid with an annual breakdown, must specifically indicate the maximum amount of compensation requested to operate the service in question, within the above ceiling.

The exact amount of compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the air carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment, which does not constitute a consideration but is compensation for providing a service which is subject to a public service obligation.

The annual payments will be made in the form of instalments and a final balance, in accordance with the provisions set out in the tender dossier, without prejudice to any checks carried out by ENAC to verify the actual destination of the compensation granted and on condition that the successful air carrier continues to comply with the set requirements. The final balance will be paid only after a detailed examination of the accounts submitted by the carrier for the route in question and verification that the actual service provision is in line with that specified in the agreement.

7.   Fares: Tenders must specify the proposed fares, as indicated in the notice on the imposition of a public service obligation published in Official Journal of the European Union C 228 of 28.9.2007.

8.   Commencement of operation of the route: Operation of the route must commence within 15 days of conclusion of the agreement and must be attested with a service commencement report signed by the successful carrier and by ENAC.

9.   Duration of the agreement: The agreement will be valid for 2 years commencing on the date on which operation of the scheduled air services on the route in question commences.

The air carrier must undertake to make available to ENAC the staff, technical and accounting documents, instruments and anything else necessary to supervise and monitor the proper fulfilment, application and performance of the provisions laid down in the Commission notice, the Decree on the obligation, this invitation to tender, the agreement and the tender dossier.

Failure to comply with the obligations referred to above will give rise to penalties in accordance with section 11 below.

10.   Withdrawal from the agreement: Either party may withdraw from the agreement before it is due to expire, with no obligation of compensation or indemnity, by giving 6 months' notice; however, no notice may be given in the first 12 months following the commencement of the service.

If the carrier interrupts the service it will be deemed to have withdrawn without notice unless it resumes the service in accordance with the public service obligation within 30 days of being served notice by ENAC to comply fully with the said obligation.

If the carrier withdraws from the agreement, ENAC reserves the right to carry out the checks needed to propose to the Ministry of Transport that a new agreement be concluded with the carrier ranked immediately below on the list of tenderers. The conditions for operating the service and the proportional level of compensation, will be the same as those set when the public service obligation was first assigned.

11.   Non-fulfilment and penalties: Interruption of the service for the following reasons will not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions;

closure of one of the airports indicated in the operating programme;

safety concerns;

industrial action;

force majeure.

Interruption of the service for these reasons will give rise to a reduction in the amount of compensation proportional to the flights that are not operated.

Where the services and obligations laid down in the agreement are not performed, ENAC will be entitled to impose penalties on the carrier, the level of which will increase in proportion to the number of infringements committed, as detailed in the model agreement.

The amount of penalties may in no case exceed 50 % of the maximum amount of financial compensation laid down in section 6 of the invitation for tender, with the understanding that, if this limit is exceeded, ENAC will be entitled to terminate the agreement for non-fulfilment, resulting in the immediate cancellation of any compensation due.

The number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled in any year.

Above this limit, the carrier will have to pay ENAC a penalty of 3 000 EUR for each cancellation over the 2 % limit, subject to formal notice being given to the carrier within 10 days of knowledge of the event. The carrier will be allowed up to seven days to present any counter-arguments.

In addition, ENAC will review the amount of financial compensation in proportion to the flights operated. The sums received in this connection will be allocated to the territorial continuity of the town of Cuneo.

Failure to give the notice referred to in section 10 will give rise to a penalty calculated on the basis of the annual compensation and the missed period of notice starting from the date on which the service is interrupted, under the terms specified in section 10, and using the following formula:

Where:

P= penalty

CA= annual compensation

GG= number of days in the year in question (365 or 366)

gg= days in the missed notice period

The penalties specified in this Article may be cumulated with the penalty arrangements laid down in Community regulations and in national legislation and regulatory provisions.

12.   Guarantees to provide with the tender: To demonstrate that their tenders are genuine and reliable, carriers participating in this tender procedure must submit a guarantee equal to 2 % of the maximum amount of financial compensation referred to in section 6 in the form of a deposit or bank or insurance guarantee, as chosen by the tenderer.

The methods of lodging the above guarantee will be set out in the tender dossier and may also be repeated in the agreement.

The guarantee must be valid for at least 180 days from the closing date for submitting tenders, and the carrier must undertake to renew the guarantee, at the request of ENAC during the procedure, if the tender has not been awarded by the time the guarantee lapses.

When ENAC notifies carriers that they have been unsuccessful in the award procedure, it will release them from the guarantee.

13.   Performance guarantee and insurance cover: The carrier awarded the operation of air services subject to a public service obligation under this invitation to tender must lodge a bank or insurance guarantee of 500 000 EUR in favour of ENAC, which reserves the right to use it to ensure the continuation of the service concerned.

The guarantee will be automatically released, without the need for ENAC's approval, provided the examination referred to in the last paragraph of section 6 above is favourable.

14.   Forfeiture and revocation of the financial compensation: Failure to fulfil, at any time after the agreement is signed, the general and technical requirements set out in section 2 of this invitation to tender and the requirements set out in the tender dossier will give rise to forfeiture of the right to operate the route, the revocation of the right to financial compensation and the recovery of any unduly paid amounts, plus statutory interest.

After the forfeiture of the right to operate the route, ENAC may be authorised by the Ministry of Transport to conclude another agreement for the remaining period of scheduled air services with the next highest carrier on the ranking list resulting from the tender procedure.

In this case, the duration of the agreement will start on the date on which the service commences and will end on the expiry date set in the terminated agreement, in line with the operating plan approved when the tender submitted by the successful tenderer was assessed.

15.   Termination of the agreement: If the carrier fails to comply with the provisions set out in the notice published in OJEU C 228 of 28.9.2007, the corresponding Decree, the agreement, this invitation to tender and the tender dossier, ENAC may, in accordance with Article 1454 of the Civil Code, send written notice giving the carrier 15 days from receipt of such notice to remedy this non-compliance.

If it fails to do so within that period, ENAC will have the right to consider the agreement automatically terminated and to definitively retain the guarantee amount indicated in section 13 above and to claim compensation from the carrier for damages.

In addition, if the carrier fails to perform the obligations and services accepted in the agreement, this invitation to tender and the tender dossier, ENAC, in accordance with Article 1456 of the Civil Code, has the right to terminate the agreement, subject to written notice to the carrier.

If the agreement is terminated, ENAC may be authorised by the Ministry of Transport to conclude another agreement for the remaining period of scheduled air services with the next highest carrier on the ranking list resulting from the tender procedure for the award of the route.

In this case, the duration of the agreement will start on the date on which the service commences and will end on the expiry date set in the terminated agreement, in line with the operating plan approved when the tender submitted by the successful tenderer was assessed.

16.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union either by registered letter with acknowledgement of receipt or by hand delivery against receipt:

ENAC, direzione generale, viale del Castro Pretorio 118, -00185 Roma.

In order to be valid, tenders must be submitted in three closed and sealed envelopes.

The outer envelope, closed, sealed and initialled on both sides, must contain two inner envelopes, both sealed and initialled on both sides, and must bear the following wording: ‘Offerta per la gara in oneri di servizio pubblico sulla rotta: Cuneo Levaldigi - Roma Fiumicino e viceversa’.

The documents to be enclosed in these three envelopes are specified in the tender dossier referred to in section 4 of this invitation to tender.

It should be noted that the sender will have sole liability in the event that, for whatever reason, the package fails to arrive at its destination by the closing date specified above.

If only one valid tender is submitted, the award procedure may still go ahead.

17.   Period of validity of tenders: 180 days from the closing date for submission of tenders.

18.   Contract award: ENAC will complete the tender procedure through a committee set up for this purpose, composed of a director of ENAC delegated by the Director-General, an expert in the field of air transport appointed by the Region of Piedmont and a chairman appointed by common agreement between ENAC and the Region of Piedmont. Secretariat support will be provided by an ENAC official.

19.   Processing of personal data: All personal data will be used and processed solely for official purposes and their protection and confidentiality will be ensured in accordance with prevailing legislation. To this end, the successful carrier will need to sign the relevant authorisation to process personal data in accordance with Legislative Decree No 196/2003 as amended and supplemented.

20.   Processing of sensitive data: Sensitive data contained in the tenders submitted by carriers will be processed in accordance with the Regulation for processing sensitive and legal data approved by ENAC's executive board on 2.3.2006 and available on ENAC's website at enac-italia.it.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 29.9.2007 | EN | Official Journal of the European Union | C 229/9 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/9

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Notice of initiation of a partial interim review of the countervailing measures applicable to imports of sulphanilic acid originating in India

(2007/C 229/06)

The Commission has decided on its own initiative to initiate a partial interim review limited to the level of subsidization for certain Indian exporting producers pursuant to Article 19 of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (‘the basic Regulation’) (1).

1.   Product

The product under review is sulphanilic acid originating in India (‘the product concerned’), currently classifiable within CN code ex 2921 42 10. This CN code is given only for information.

2.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 1338/2002 (2) on imports of sulphanilic acid originating in India.

These measures are currently subject to an expiry review (3).

3.   Grounds for the review

There is sufficient prima facie evidence available to the Commission that the circumstances with regard to subsidisation on the basis of which measures were established have changed and that these changes are of a lasting nature.

Indeed, the benefits from two subsidy schemes (the Duty Entitlement Passbook Scheme (‘DEPBS’) and the Income Tax Exemption under Section 80 HHC of the Income Tax Act (‘ITES’) appear to have significantly decreased. This is due to the modification of the relevant basic Indian laws on which these schemes are based.

As a consequence, the level of subsidisation is likely to have decreased for those companies whose measures are based either fully or partly on benefits obtained from one or both of the aforesaid two schemes in the investigation period used in the investigation that led to the determination of the level of the existing measures.

This indicates that the measures mentioned in the preceding point on imports of the product under review at their present level may no longer be necessary to counteract the current subsidisation. Therefore, the measures should be reviewed for the companies in question.

These companies include those listed in the Annex and any other producer of the product under review that makes itself known to the Commission within the deadline set in point 5(i) below and demonstrates within the same time limit that (1) it enjoyed benefits from one or both of the two schemes mentioned above during the investigation period used in the investigation that led to the determination of the level of the measure to which they are subject (1 July 2000-30 June 2001), and that (2) given the structural changes in these schemes as mentioned above, the benefit accruing from these schemes has decreased.

In addition, if the review investigation shows or any interested party provides sufficient prima facie evidence within the deadline set in point 5(i) below that exporters of the product concerned that are concerned by the current review are benefiting from subsidy schemes other than those mentioned above, an investigation of these schemes may also be made within the framework of the current review.

Insofar as the modified subsidy margins resulting from the current investigation could have an impact on the measures applicable for cooperating companies in the investigation that set the level of the measures and/or on the residual measure applicable for all other companies, these rates may be revised accordingly.

It should be noted that, for those companies which are subject to both anti-dumping and countervailing measures, the anti-dumping measure may be adjusted accordingly should there be a change in the countervailing measure.

4.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an ex officio partial interim review, the Commission hereby initiates a review in accordance with Article 19 of the basic Regulation.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of those companies having benefited from one or both subsidy schemes mentioned above and, for those companies, in respect of other schemes where sufficient evidence is provided as mentioned in point 3, paragraph 6 above. The investigation will also assess the need, depending on the findings of the current investigation, to revise the measures applicable to other companies that cooperated in the investigation that set the level of the existing measures and/or the residual measure applicable for all other companies.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the companies listed in the annex and to the authorities of the exporting country concerned. The questionnaire reply and supporting evidence should reach the Commission within the time limit set in point 5(i).

(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 5(i).

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 5(ii).

5.   Time limits

(i)   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, in particular the authorities of the exporting country concerned, or any other information, including that mentioned in point 3, sixth paragraph, 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.

(ii)   Hearings

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

6.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate H |
| Office: J-79 4/23 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate H

Office: J-79 4/23

B-1049 Brussels

Fax (32-2) 295 65 05

7.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 28 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 28 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.

8.   Schedule of the investigation

The investigation shall be concluded, according to Article 22(1) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

9.   Other interim reviews under Article 19 of the basic Regulation

The scope of the current review is as set out in point 4 above. Any party wishing to claim a review on the basis of other grounds may do so in accordance with the provisions of Article 19 of the basic Regulation.

10.   Processing of personal data

Please note that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

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(1)  OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  OJ L 196, 25.7.2002, p. 1. Regulation as last amended by Regulation (EC) No 123/2006 (OJ L 22, 26.1.2006, p. 5).

(3)  OJ C 171, 24.7.2007, p. 14.

(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 of 30 May 2001 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 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

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

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ANNEX

Kokan Synthetics & Chemicals Pvt. Ltd, 14 Guruprasad, Gokhale Road (N), Dadar (W), Mumbai 400 028, India.

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| 29.9.2007 | EN | Official Journal of the European Union | C 229/12 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/12

---

Notice of the impending expiry of certain countervailing measures

(2007/C 229/07)

| 1. | As provided for in Article 18(4) of Council Regulation (EC) No 2026/97 of 6 October 1997 (1) on protection against subsidised imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the countervailing measures mentioned below will expire on the date mentioned in the table below. |
| --- | --- |

1.

As provided for in Article 18(4) of Council Regulation (EC) No 2026/97 of 6 October 1997 (1) on protection against subsidised imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the countervailing measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of subsidisation and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Division H-1), J-79 5/16, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

| 4. | This notice is published in accordance with Article 18(4) of Council Regulation (EC) No 2026/97 of 6 October 1997. |
| --- | --- |

4.

This notice is published in accordance with Article 18(4) of Council Regulation (EC) No 2026/97 of 6 October 1997.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Compact disk recordables | India | Countervailing duty | Council Regulation (EC) No 960/2003 (OJ L 138, 5.6.2003, p. 1) | 5.6.2008 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Compact disk recordables

India

Countervailing duty

Council Regulation (EC) No 960/2003 (OJ L 138, 5.6.2003, p. 1)

5.6.2008

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(1)  OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  Fax (32-2) 295 65 05.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 29.9.2007 | EN | Official Journal of the European Union | C 229/13 |
| --- | --- | --- | --- |

29.9.2007

EN

Official Journal of the European Union

C 229/13

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Prior notification of a concentration

(Case COMP/M.4825 — SFR/Somart/Débitel France)

(Text with EEA relevance)

(2007/C 229/08)

| 1. | On 20 September 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings SFR SA (‘SFR’, France), controlled by Vivendi and Vodafone, and Somart (France) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Débitel France SA (‘Débitel’, France) by way of purchase of shares. |
| --- | --- |

1.

On 20 September 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings SFR SA (‘SFR’, France), controlled by Vivendi and Vodafone, and Somart (France) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Débitel France SA (‘Débitel’, France) by way of purchase of shares.

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






  — | for SFR: fixed and mobile telephony network operator, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for SFR: fixed and mobile telephony network operator,

| — | for Somart: financial company, |
| --- | --- |

—

for Somart: financial company,

| — | for Débitel: mobile telephony virtual network operator, distributor of related products and services. |
| --- | --- |

—

for Débitel: mobile telephony virtual network operator, distributor of related products and services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

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.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4825 — SFR/Somart/Débitel France, 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4825 — SFR/Somart/Débitel France, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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