# Official Journal C 18/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 18 |
| | |
| English edition | Information and Notices | Volume 5224 January 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 18

English edition

Information and Notices

Volume 5224 January 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 018/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| | European Central Bank |
| 2009/C 018/02 | Agreement of 31 December 2008 between Národná banka Slovenska and the European Central Bank regarding the claim credited to Národná banka Slovenska by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank | 3 |
| 2009/C 018/03 | Non-opposition to a notified concentration (Case COMP/M.5435 — Nexans/SEI/Opticable) (
  1
  ) | 5 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 018/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

European Central Bank

2009/C 018/02

Agreement of 31 December 2008 between Národná banka Slovenska and the European Central Bank regarding the claim credited to Národná banka Slovenska by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank

3

2009/C 018/03

Non-opposition to a notified concentration (Case COMP/M.5435 — Nexans/SEI/Opticable) (
  1
  )

1

5

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2009/C 018/04 | Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the future priorities for enhanced European cooperation in vocational education and training (VET) | 6 |
| 2009/C 018/05 | Conclusions of the Council concerning a European partnership for international scientific and technological cooperation | 11 |
| | Commission |
| 2009/C 018/06 | Euro exchange rates | 14 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 018/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 15 |
| 2009/C 018/08 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 19 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2009/C 018/04

Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the future priorities for enhanced European cooperation in vocational education and training (VET)

6

2009/C 018/05

Conclusions of the Council concerning a European partnership for international scientific and technological cooperation

11

Commission

2009/C 018/06

Euro exchange rates

14

NOTICES FROM MEMBER STATES

2009/C 018/07

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

15

2009/C 018/08

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

19

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2009/C 018/09 | Call for proposals — Joint Harmonised European Union Programme of Business and Consumer Surveys | 22 |
| 2009/C 018/10 | Call for proposals — DG EAC/01/09 — Tempus IV — Reform of higher education through international university cooperation | 31 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 018/11 | Prior notification of a concentration (Case COMP/M.5313 — Serendipity Investment/Eurosport/JV) — Candidate case for a simplified procedure (
  1
  ) | 33 |
| 2009/C 018/12 | Prior notification of a concentration (Case COMP/M.5463 — Hitachi/Hitachi Koki) — Candidate case for simplified procedure (
  1
  ) | 34 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2009/C 018/09

Call for proposals — Joint Harmonised European Union Programme of Business and Consumer Surveys

22

2009/C 018/10

Call for proposals — DG EAC/01/09 — Tempus IV — Reform of higher education through international university cooperation

31

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 018/11

Prior notification of a concentration (Case COMP/M.5313 — Serendipity Investment/Eurosport/JV) — Candidate case for a simplified procedure (
  1
  )

1

33

2009/C 018/12

Prior notification of a concentration (Case COMP/M.5463 — Hitachi/Hitachi Koki) — Candidate case for simplified procedure (
  1
  )

1

34

| | |
| --- | --- |
| 2009/C 018/13 | Note to the reader(see page 3 of the cover) | s3 |

2009/C 018/13

Note to the reader(see page 3 of the cover)

Note to the reader

s3

| | |
| --- | --- |
| | (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

| 24.1.2009 | EN | Official Journal of the European Union | C 18/1 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/1

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2009/C 18/01)

| Date of adoption of the decision | 5.11.2008 |
| --- | --- |
| Reference number of the aid | N 237/08 |
| Member State | Germany |
| Region | Niedersachsen |
| Title (and/or name of the beneficiary) | Broadband support in Niedersachsen |
| Legal basis | Richtlinie über die Gewährung von Zuwendungen zur Förderung breitbandiger elektronischer Kommunikation (Breitbandförderung Niedersachsen)
  Haushaltsgesetze des Landes Niedersachsen
  Landeshaushaltsordnung (LHO); Verwaltungsvorschriften zu § 44 LHO
  Allgemeine Nebenbestimmungen zu § 44 LHO
  Operationelles EFRE-Programm „Regionale Wettbewerbsfähigkeit und Beschäftigung“ 2007-2013 des Landes Niedersachsen |
| Type of measure | Aid scheme |
| Objective | Regional development, Sectoral development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 16,4 million |
| Intensity | — |
| Duration | Until 31.12.2015 |
| Economic sectors | Post and telecommunications |
| Name and address of the granting authority | Investitions- und Förderbank Niedersachsen GmbH — Nbank |
| Günther-Wagner-Allee 12-14 |
| 30177 Hannover |
| DEUTSCHLAND |

Date of adoption of the decision

5.11.2008

Reference number of the aid

N 237/08

Member State

Germany

Region

Niedersachsen

Title (and/or name of the beneficiary)

Broadband support in Niedersachsen

Legal basis

Richtlinie über die Gewährung von Zuwendungen zur Förderung breitbandiger elektronischer Kommunikation (Breitbandförderung Niedersachsen)

Haushaltsgesetze des Landes Niedersachsen

Landeshaushaltsordnung (LHO); Verwaltungsvorschriften zu § 44 LHO

Allgemeine Nebenbestimmungen zu § 44 LHO

Operationelles EFRE-Programm „Regionale Wettbewerbsfähigkeit und Beschäftigung“ 2007-2013 des Landes Niedersachsen

Type of measure

Aid scheme

Objective

Regional development, Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 16,4 million

Intensity

—

Duration

Until 31.12.2015

Economic sectors

Post and telecommunications

Name and address of the granting authority

Investitions- und Förderbank Niedersachsen GmbH — Nbank

Günther-Wagner-Allee 12-14

30177 Hannover

DEUTSCHLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 10.12.2008 |
| --- | --- |
| Reference number of the aid | N 508/08 |
| Member State | United Kingdom |
| Region | Northern Ireland |
| Title (and/or name of the beneficiary) | Provision of Remote Broadband Services in Northern Ireland |
| Legal basis | Communications Act 2003, Chapter 29 Section 149, Grants by Department of Enterprise Trade and Investment |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: GBP 1,1 million |
| Intensity | — |
| Duration | 31.1.2009-31.3.2012 |
| Economic sectors | Post and telecommunications |
| Name and address of the granting authority | Department of Entreprise Trade & Investment |
| Netherleigh Massey Avenue |
| Belfast BT4 2JP |
| UNITED KINGDOM |

Date of adoption of the decision

10.12.2008

Reference number of the aid

N 508/08

Member State

United Kingdom

Region

Northern Ireland

Title (and/or name of the beneficiary)

Provision of Remote Broadband Services in Northern Ireland

Legal basis

Communications Act 2003, Chapter 29 Section 149, Grants by Department of Enterprise Trade and Investment

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: GBP 1,1 million

Intensity

—

Duration

31.1.2009-31.3.2012

Economic sectors

Post and telecommunications

Name and address of the granting authority

Department of Entreprise Trade & Investment

Netherleigh Massey Avenue

Belfast BT4 2JP

UNITED KINGDOM

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

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European Central Bank

| 24.1.2009 | EN | Official Journal of the European Union | C 18/3 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/3

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AGREEMENT

of 31 December 2008

between Národná banka Slovenska and the European Central Bank regarding the claim credited to Národná banka Slovenska by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank

(2009/C 18/02)

NÁRODNÁ BANKA SLOVENSKA AND THE EUROPEAN CENTRAL BANK,

Whereas:

| (1) | Pursuant to Article 3(1) of Decision ECB/2008/33 of 31 December 2008 on the paying-up of capital, transfer of foreign reserve assets and contributions by Národná banka Slovenska to the European Central Bank's reserves and provisions (1), the aggregate euro-equivalent amount of foreign reserve assets that Národná banka Slovenska is required to transfer to the European Central Bank (ECB) with effect from 1 January 2009 in accordance with Article 49.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘ESCB Statute’) is EUR 443 086 155,98. |
| --- | --- |

(1)

Pursuant to Article 3(1) of Decision ECB/2008/33 of 31 December 2008 on the paying-up of capital, transfer of foreign reserve assets and contributions by Národná banka Slovenska to the European Central Bank's reserves and provisions (1), the aggregate euro-equivalent amount of foreign reserve assets that Národná banka Slovenska is required to transfer to the European Central Bank (ECB) with effect from 1 January 2009 in accordance with Article 49.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘ESCB Statute’) is EUR 443 086 155,98.

| (2) | Pursuant to Article 30.3 of the ESCB Statute and Article 4(1) of Decision ECB/2008/33, with effect from 1 January 2009 the ECB is required to credit Národná banka Slovenska with a euro-denominated claim equivalent to the aggregate euro amount of Národná banka Slovenska's contribution of foreign reserve assets, subject to the specifications provided for in Article 3 of that Decision. The ECB and Národná banka Slovenska agree to set Národná banka Slovenska's claim at EUR 399 443 637,59 in order to ensure that the ratio between the amount in euro of Národná banka Slovenska's claim and the aggregate amount in euro of the claims credited to the other national central banks of Member States that have already adopted the euro (hereinafter the ‘participating NCBs’) will be equal to the ratio between Národná banka Slovenska's weighting in the ECB's capital key and the other participating NCBs' aggregate weighting in this key. |
| --- | --- |

(2)

Pursuant to Article 30.3 of the ESCB Statute and Article 4(1) of Decision ECB/2008/33, with effect from 1 January 2009 the ECB is required to credit Národná banka Slovenska with a euro-denominated claim equivalent to the aggregate euro amount of Národná banka Slovenska's contribution of foreign reserve assets, subject to the specifications provided for in Article 3 of that Decision. The ECB and Národná banka Slovenska agree to set Národná banka Slovenska's claim at EUR 399 443 637,59 in order to ensure that the ratio between the amount in euro of Národná banka Slovenska's claim and the aggregate amount in euro of the claims credited to the other national central banks of Member States that have already adopted the euro (hereinafter the ‘participating NCBs’) will be equal to the ratio between Národná banka Slovenska's weighting in the ECB's capital key and the other participating NCBs' aggregate weighting in this key.

| (3) | The difference between the amounts mentioned in recitals 1 and 2 results from: (i) the application to the value of foreign reserve assets already transferred by Národná banka Slovenska pursuant to Article 30.1 of the ESCB Statute of the ‘current exchange rates’ referred to in Article 49.1 of the ESCB Statute; and (ii) the effect on the claims pursuant to Article 30.3 of the ESCB Statute held by the other participating NCBs of the ECB's capital key adjustments on 1 January 2004 and 1 January 2009 pursuant to Article 29.3 of the ESCB Statute and the ECB's capital key expansions on 1 May 2004 and on 1 January 2007 pursuant to Article 49.3 of the ESCB Statute. |
| --- | --- |

(3)

The difference between the amounts mentioned in recitals 1 and 2 results from: (i) the application to the value of foreign reserve assets already transferred by Národná banka Slovenska pursuant to Article 30.1 of the ESCB Statute of the ‘current exchange rates’ referred to in Article 49.1 of the ESCB Statute; and (ii) the effect on the claims pursuant to Article 30.3 of the ESCB Statute held by the other participating NCBs of the ECB's capital key adjustments on 1 January 2004 and 1 January 2009 pursuant to Article 29.3 of the ESCB Statute and the ECB's capital key expansions on 1 May 2004 and on 1 January 2007 pursuant to Article 49.3 of the ESCB Statute.

| (4) | In view of the abovementioned difference, the ECB and Národná banka Slovenska agree that Národná banka Slovenska's claim may be reduced by offsetting against it the amount that Národná banka Slovenska is required to contribute to the ECB's reserves and provisions pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2008/33, in the event that Národná banka Slovenska's claim is larger than the amount of EUR 399 443 637,59. |
| --- | --- |

(4)

In view of the abovementioned difference, the ECB and Národná banka Slovenska agree that Národná banka Slovenska's claim may be reduced by offsetting against it the amount that Národná banka Slovenska is required to contribute to the ECB's reserves and provisions pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2008/33, in the event that Národná banka Slovenska's claim is larger than the amount of EUR 399 443 637,59.

| (5) | The ECB and Národná banka Slovenska should agree on other modalities for crediting Národná banka Slovenska's claim, taking into account that, depending on exchange rate movements, it may be necessary to increase rather than reduce the claim to the amount referred to in recital 2. |
| --- | --- |

(5)

The ECB and Národná banka Slovenska should agree on other modalities for crediting Národná banka Slovenska's claim, taking into account that, depending on exchange rate movements, it may be necessary to increase rather than reduce the claim to the amount referred to in recital 2.

| (6) | The Governing Council has approved the ECB's entry into this Agreement, which concerns a decision to be taken under Article 30 of the ESCB Statute, in accordance with Article 10.3 of the ESCB Statute and the procedure specified therein, |
| --- | --- |

(6)

The Governing Council has approved the ECB's entry into this Agreement, which concerns a decision to be taken under Article 30 of the ESCB Statute, in accordance with Article 10.3 of the ESCB Statute and the procedure specified therein,

HAVE AGREED AS FOLLOWS:

Article 1

Modalities for crediting Národná banka Slovenska's claim

1.   If the amount of the claim that the ECB is required to credit to Národná banka Slovenska pursuant to Article 30.3 of the ESCB Statute and Article 4(1) of Decision ECB/2008/33 (hereinafter the ‘claim’) is greater than EUR 399 443 637,59 on the final date on which the ECB receives foreign reserve assets from Národná banka Slovenska pursuant to Article 3 of Decision ECB/2008/33, then the amount of the claim shall be reduced with effect from that date to EUR 399 443 637,59. Such a reduction shall be made by offsetting against the claim the amount that Národná banka Slovenska is required to contribute to the ECB's reserves and provisions with effect from 1 January 2009 pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2008/33. The offset amount shall be treated as an advance contribution to the ECB's reserves and provisions pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2008/33, which shall be deemed to have been made on the date on which the offset occurs.

2.   If the amount required to be contributed by Národná banka Slovenska to the ECB's reserves and provisions pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2008/33 is less than the difference between the amount of Národná banka Slovenska's claim and EUR 399 443 637,59, then the amount of the claim shall be reduced to EUR 399 443 637,59: (i) by offsetting in accordance with paragraph 1 above; and (ii) by the ECB paying Národná banka Slovenska an amount in euro equal to the amount of the shortfall remaining after such offset. Any amount required to be paid by the ECB in accordance with this paragraph shall be due on 1 January 2009. The ECB shall, in due course, give instructions for the transfer of such an amount, and of net accrued interest thereon, through the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2). Accrued interest shall be calculated on a daily basis, using the actual over-360-day method of calculation at a rate equal to the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.

3.   If the amount of Národná banka Slovenska's claim is less than EUR 399 443 637,59 on the final date on which the ECB receives foreign reserve assets from Národná banka Slovenska pursuant to Article 3 of Decision ECB/2008/33, then the amount of the claim shall be increased on that date to EUR 399 443 637,59 and Národná banka Slovenska shall pay the ECB an amount in euro equal to the difference. Any amount required to be paid by Národná banka Slovenska in accordance with this paragraph shall be due from 1 January 2009, and shall be paid in accordance with the procedures specified in Article 5(4) and (5) of Decision ECB/2008/33.

Article 2

Final provisions

1.   This Agreement shall enter into force on 1 January 2009.

2.   This Agreement shall be drawn up in two duly signed originals in the English language. The ECB and Národná banka Slovenska shall each retain one original hereof.

Done at Frankfurt am Main, 31 December 2008.

For Národná banka Slovenska

Ivan ŠRAMKO

Governor

For the European Central Bank

Jean-Claude TRICHET

President

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(1)  Not yet published in the Official Journal.

1

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| 24.1.2009 | EN | Official Journal of the European Union | C 18/5 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/5

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Non-opposition to a notified concentration

(Case COMP/M.5435 — Nexans/SEI/Opticable)

(Text with EEA relevance)

(2009/C 18/03)

On 16 January 2008, 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 32009M5435. 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 32009M5435. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 24.1.2009 | EN | Official Journal of the European Union | C 18/6 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/6

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Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the future priorities for enhanced European cooperation in vocational education and training (VET)

(2009/C 18/04)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,

AWARE THAT:

| 1. | On 12 November 2002, the Council approved a Resolution on the promotion of enhanced European cooperation in vocational education and training (1). This subsequently served as the basis for the declaration adopted by the Ministers responsible for vocational education and training (VET) of the EU Member States, the EFTA/EEA and candidate countries, and by the Commission and the European Social Partners at their meeting in Copenhagen on 29 and 30 November 2002, as the strategy for improving the performance, quality and attractiveness of VET, commonly referred to as the ‘Copenhagen process’. |
| --- | --- |

1.

On 12 November 2002, the Council approved a Resolution on the promotion of enhanced European cooperation in vocational education and training (1). This subsequently served as the basis for the declaration adopted by the Ministers responsible for vocational education and training (VET) of the EU Member States, the EFTA/EEA and candidate countries, and by the Commission and the European Social Partners at their meeting in Copenhagen on 29 and 30 November 2002, as the strategy for improving the performance, quality and attractiveness of VET, commonly referred to as the ‘Copenhagen process’.

| 2. | A first review of the process undertaken in Maastricht on 14 December 2004 (2) noted in particular that progress had been made in the development of a number of common tools and principles, and linked the process firmly to the Lisbon Strategy and the ‘Education and Training’ work programme. A second review carried out in Helsinki on 5 December 2006 (3) emphasised the need to maintain impetus and to ensure continued implementation of the principles and instruments adopted. |
| --- | --- |

2.

A first review of the process undertaken in Maastricht on 14 December 2004 (2) noted in particular that progress had been made in the development of a number of common tools and principles, and linked the process firmly to the Lisbon Strategy and the ‘Education and Training’ work programme. A second review carried out in Helsinki on 5 December 2006 (3) emphasised the need to maintain impetus and to ensure continued implementation of the principles and instruments adopted.

| 3. | The Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (4) advises Member States to develop the provision of key competences for all as part of their lifelong learning strategies, in order to offer all young people the means to develop such competences to a level which forms a sufficient basis for further learning and working life. |
| --- | --- |

3.

The Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (4) advises Member States to develop the provision of key competences for all as part of their lifelong learning strategies, in order to offer all young people the means to develop such competences to a level which forms a sufficient basis for further learning and working life.

| 4. | The Council conclusions of 25 May 2007 on a coherent framework of indicators and benchmarks for monitoring progress towards the Lisbon objectives in education and training (5) reaffirm that there is a need to continue to improve the quality of data produced by the European Statistical System. |
| --- | --- |

4.

The Council conclusions of 25 May 2007 on a coherent framework of indicators and benchmarks for monitoring progress towards the Lisbon objectives in education and training (5) reaffirm that there is a need to continue to improve the quality of data produced by the European Statistical System.

| 5. | The Council Resolution of 15 November 2007 on new skills for new jobs (6) highlights the urgency of anticipating future skills needs in order to equip people for new jobs within the knowledge society, by implementing measures which aim at matching knowledge, skills and competences with the needs of the economy and preventing potential gaps. |
| --- | --- |

5.

The Council Resolution of 15 November 2007 on new skills for new jobs (6) highlights the urgency of anticipating future skills needs in order to equip people for new jobs within the knowledge society, by implementing measures which aim at matching knowledge, skills and competences with the needs of the economy and preventing potential gaps.

| 6. | The 2008 Joint Progress Report of the Council and of the Commission on the implementation of the ‘Education and Training 2010’ work programme (7) stresses that further work is needed to improve the quality and attractiveness of VET, and that work on an updated strategic framework for European cooperation in education and training should begin. |
| --- | --- |

6.

The 2008 Joint Progress Report of the Council and of the Commission on the implementation of the ‘Education and Training 2010’ work programme (7) stresses that further work is needed to improve the quality and attractiveness of VET, and that work on an updated strategic framework for European cooperation in education and training should begin.

| 7. | The European Council on 13 and 14 March 2008 (8) outlined the priorities for 2008-2010 and stressed the fact that ‘investing more and more effectively in human capital and creativity throughout people's lives are crucial conditions for Europe's success in a globalised world’. In response to the increasing skills shortages in a number of sectors, the Council invited the Commission to present a comprehensive assessment of the future skills requirements in Europe up to 2020, taking account of the impacts of technological change and ageing populations. |
| --- | --- |

7.

The European Council on 13 and 14 March 2008 (8) outlined the priorities for 2008-2010 and stressed the fact that ‘investing more and more effectively in human capital and creativity throughout people's lives are crucial conditions for Europe's success in a globalised world’. In response to the increasing skills shortages in a number of sectors, the Council invited the Commission to present a comprehensive assessment of the future skills requirements in Europe up to 2020, taking account of the impacts of technological change and ageing populations.

| 8. | The Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (9) promotes mobility and lifelong learning by facilitating the recognition of learning outcomes from one training system to another and from one country to another. |
| --- | --- |

8.

The Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (9) promotes mobility and lifelong learning by facilitating the recognition of learning outcomes from one training system to another and from one country to another.

| 9. | The Council conclusions of 22 May 2008 on promoting creativity and innovation through education and training (10) advocate that greater synergy should be fostered between knowledge and skills on the one hand and creativity and innovative capacity on the other, at all levels of education and training. In addition, the proposal for a Decision of the European Parliament and of the Council concerning the European Year of Creativity and Innovation in 2009 (11) is aimed at supporting the efforts of the Member States to promote creativity through lifelong learning, as a driver for innovation and as a key factor for the development of personal, occupational, entrepreneurial and social competences. |
| --- | --- |

9.

The Council conclusions of 22 May 2008 on promoting creativity and innovation through education and training (10) advocate that greater synergy should be fostered between knowledge and skills on the one hand and creativity and innovative capacity on the other, at all levels of education and training. In addition, the proposal for a Decision of the European Parliament and of the Council concerning the European Year of Creativity and Innovation in 2009 (11) is aimed at supporting the efforts of the Member States to promote creativity through lifelong learning, as a driver for innovation and as a key factor for the development of personal, occupational, entrepreneurial and social competences.

| 10. | The Council conclusions of 22 May 2008 on adult learning (12) recognise the key role which such learning can play in meeting the goals of the Lisbon Strategy, and particularly in enabling workers to adapt technologically and in responding to the specific needs of older workers and migrants. |
| --- | --- |

10.

The Council conclusions of 22 May 2008 on adult learning (12) recognise the key role which such learning can play in meeting the goals of the Lisbon Strategy, and particularly in enabling workers to adapt technologically and in responding to the specific needs of older workers and migrants.

UNDERLINE THAT:

| 1. | Vocational education and training (VET) is an essential part of lifelong learning which covers all relevant levels of qualification and which should be closely linked to general education and higher education. Lying at the heart of both employment and social policies, VET not only promotes competitiveness, business performance and innovation in the context of a globalised economy, but also equity, cohesion, personal development and active citizenship. |
| --- | --- |

1.

Vocational education and training (VET) is an essential part of lifelong learning which covers all relevant levels of qualification and which should be closely linked to general education and higher education. Lying at the heart of both employment and social policies, VET not only promotes competitiveness, business performance and innovation in the context of a globalised economy, but also equity, cohesion, personal development and active citizenship.

| 2. | To allow the possibility of flexible career paths that may be adapted to citizens' needs throughout their lives, efforts should be made to forge closer links between all forms and contexts of learning. |
| --- | --- |

2.

To allow the possibility of flexible career paths that may be adapted to citizens' needs throughout their lives, efforts should be made to forge closer links between all forms and contexts of learning.

| 3. | Improving creativity and innovation is particularly important for VET. To achieve this, the acquisition of key competences for lifelong learning should be actively promoted. |
| --- | --- |

3.

Improving creativity and innovation is particularly important for VET. To achieve this, the acquisition of key competences for lifelong learning should be actively promoted.

| 4. | In order to meet the needs of the labour market, alternance schemes — which combine learning in educational institutions and at the workplace — should be encouraged, and training for adults in enterprises and in higher education establishments developed. |
| --- | --- |

4.

In order to meet the needs of the labour market, alternance schemes — which combine learning in educational institutions and at the workplace — should be encouraged, and training for adults in enterprises and in higher education establishments developed.

| 5. | Anticipating skills needs, gaps and shortages — in addition to identifying new and emerging job requirements at European and at national levels — are necessary conditions for implementing VET policies which respond to the needs of individuals, society and the economy. |
| --- | --- |

5.

Anticipating skills needs, gaps and shortages — in addition to identifying new and emerging job requirements at European and at national levels — are necessary conditions for implementing VET policies which respond to the needs of individuals, society and the economy.

| 6. | Information, guidance and counselling services should form a coherent system which enables European citizens to manage their learning and career paths and to cope with transition throughout their lives. |
| --- | --- |

6.

Information, guidance and counselling services should form a coherent system which enables European citizens to manage their learning and career paths and to cope with transition throughout their lives.

| 7. | To respond to the demand for high-level qualifications, the role of higher education in vocational education and training and in enhancing labour market integration should be increased. |
| --- | --- |

7.

To respond to the demand for high-level qualifications, the role of higher education in vocational education and training and in enhancing labour market integration should be increased.

| 8. | Promoting the mobility of workers, learners and trainers from one system to another, and from one country to another, requires the implementation of the common European tools for the transparency and recognition of qualifications, such as Europass, the European Qualifications Framework (EQF), the European Credit Transfer System (ECTS) and the future European Credit System for VET (ECVET). |
| --- | --- |

8.

Promoting the mobility of workers, learners and trainers from one system to another, and from one country to another, requires the implementation of the common European tools for the transparency and recognition of qualifications, such as Europass, the European Qualifications Framework (EQF), the European Credit Transfer System (ECTS) and the future European Credit System for VET (ECVET).

| 9. | Implementation of the common European tools entails the use of quality assurance mechanisms and the realisation of the future European Quality Assurance Reference Framework for VET (EQARF), which are crucial to establishing mutual trust whilst promoting the modernisation of education and training systems. |
| --- | --- |

9.

Implementation of the common European tools entails the use of quality assurance mechanisms and the realisation of the future European Quality Assurance Reference Framework for VET (EQARF), which are crucial to establishing mutual trust whilst promoting the modernisation of education and training systems.

RECOGNISE THAT:

The Copenhagen process defined ambitious priorities at European level and at national level. It has led to significant changes in national policies and to the creation of major tools for the transparency and the recognition of knowledge, skills and competences, as well as for the quality of the systems.

At European level, updated working methods have raised the awareness of those involved and encouraged them to make use of the tools available.

In particular the EQF is a major factor in promoting and facilitating the establishment of national qualifications systems and frameworks on the basis of learning outcomes, and thus in modernising and enhancing the status of VET.

Furthermore, the Copenhagen process has contributed to increasing the role of VET in implementing the Lisbon strategy with regard to its three dimensions: competitiveness, employment and social cohesion. Accordingly, it needs to take into account the priorities of the future strategic framework for European cooperation in the field of education and training, in which it is fully integrated.

In this context VET should retain its specific nature. It is a shared responsibility which closely involves the Member States, the social partners and the sectoral organisations in all stages of the process — a necessary precondition for the quality and efficiency of VET.

STRESS THAT:

| 1. | An approach should be adopted which allows the various tools to be implemented in a coherent and complementary manner. |
| --- | --- |

1.

An approach should be adopted which allows the various tools to be implemented in a coherent and complementary manner.

| 2. | It is necessary to provide citizens and all other stakeholders with in-depth information on the common tools in order to facilitate their use. |
| --- | --- |

2.

It is necessary to provide citizens and all other stakeholders with in-depth information on the common tools in order to facilitate their use.

| 3. | The measures outlined in these conclusions are voluntary and should be developed through bottom-up cooperation. The successful development and implementation of the tools requires the commitment of all stakeholders. |
| --- | --- |

3.

The measures outlined in these conclusions are voluntary and should be developed through bottom-up cooperation. The successful development and implementation of the tools requires the commitment of all stakeholders.

AGREE THAT:

The priorities and guidelines established under the Copenhagen process since 2002 remain valid. Accordingly, it is necessary to pursue their implementation, and to address the following four priority areas for the period 2008-2010:

1.   Implementing the tools and schemes for promoting cooperation in the field of vocational education and training (vet) at national and European level

It is important to develop national qualifications systems and frameworks based on learning outcomes, in coherence with the European Qualifications Framework, and to implement the future European Credit System for VET (ECVET), together with the future European Quality Assurance Reference Framework (EQARF), in order to strengthen mutual trust.

With this in mind, the following should be developed:

| — | pilot projects, appropriate methods and support tools, |
| --- | --- |

—

pilot projects, appropriate methods and support tools,

| — | schemes and tools for validating non-formal and informal learning outcomes, combined with the implementation of national qualifications frameworks, the European Qualifications Framework and the ECVET system, |
| --- | --- |

—

schemes and tools for validating non-formal and informal learning outcomes, combined with the implementation of national qualifications frameworks, the European Qualifications Framework and the ECVET system,

| — | quality assurance instruments, |
| --- | --- |

—

quality assurance instruments,

| — | consistency between the various tools. |
| --- | --- |

—

consistency between the various tools.

2.   Heightening the quality and attractiveness of vocational education and training systems

Promoting the attractiveness of VET to all target groups

| — | promoting VET among pupils, parents, adults (whether employed, unemployed, or inactive) and enterprises, e.g. by continuing to organise skills competitions such as Euroskills, |
| --- | --- |

—

promoting VET among pupils, parents, adults (whether employed, unemployed, or inactive) and enterprises, e.g. by continuing to organise skills competitions such as Euroskills,

| — | ensuring non-discriminatory access to and participation in VET and taking into account the needs of people or groups at risk of exclusion — in particular early school leavers, low-skilled and disadvantaged people, |
| --- | --- |

—

ensuring non-discriminatory access to and participation in VET and taking into account the needs of people or groups at risk of exclusion — in particular early school leavers, low-skilled and disadvantaged people,

| — | facilitating access to information, lifelong guidance and counselling services through successful implementation of the Council Resolution of 21 November 2008 on better integrating lifelong guidance into lifelong learning strategies (13), |
| --- | --- |

—

facilitating access to information, lifelong guidance and counselling services through successful implementation of the Council Resolution of 21 November 2008 on better integrating lifelong guidance into lifelong learning strategies (13),

| — | facilitating paths enabling people to progress from one level of qualification to another by strengthening links between general education, VET, higher education and adult learning. |
| --- | --- |

—

facilitating paths enabling people to progress from one level of qualification to another by strengthening links between general education, VET, higher education and adult learning.

Promoting the excellence and quality of VET systems

| — | developing quality assurance mechanisms by implementing the future EQARF recommendation; participating actively in the European Network on Quality Assurance in VET with a view to developing common tools, as well as supporting the implementation of the EQF by promoting mutual trust, |
| --- | --- |

—

developing quality assurance mechanisms by implementing the future EQARF recommendation; participating actively in the European Network on Quality Assurance in VET with a view to developing common tools, as well as supporting the implementation of the EQF by promoting mutual trust,

| — | increasing investment in the initial and in-service training of those involved in vocational education and training: teachers, trainers, tutors, guidance officers, |
| --- | --- |

—

increasing investment in the initial and in-service training of those involved in vocational education and training: teachers, trainers, tutors, guidance officers,

| — | basing VET policies on reliable evidence supported by rigorous research and data, and improving the statistical systems and data concerning VET, |
| --- | --- |

—

basing VET policies on reliable evidence supported by rigorous research and data, and improving the statistical systems and data concerning VET,

| — | developing national qualifications systems and frameworks based on learning outcomes which are easy to understand and guarantee high quality, whilst ensuring compatibility with the European Qualifications Framework, |
| --- | --- |

—

developing national qualifications systems and frameworks based on learning outcomes which are easy to understand and guarantee high quality, whilst ensuring compatibility with the European Qualifications Framework,

| — | promoting innovation and creativity in VET and implementing the Council conclusions of 22 May 2008 on promoting creativity and innovation through education and training, |
| --- | --- |

—

promoting innovation and creativity in VET and implementing the Council conclusions of 22 May 2008 on promoting creativity and innovation through education and training,

| — | developing language learning and adapting it to the specific characteristics of vocational education and training, |
| --- | --- |

—

developing language learning and adapting it to the specific characteristics of vocational education and training,

| — | improving the permeability and continuity of learning paths between VET, general education and higher education. |
| --- | --- |

—

improving the permeability and continuity of learning paths between VET, general education and higher education.

3.   Improving the links between VET and the labour market

With this in mind, the following would be desirable:

| — | continuing to develop forward-planning mechanisms, aimed at focusing on jobs and skills at national level and across Europe, identifying potential skills gaps and shortages and responding to the future skills and competence needs (both in quantitative and qualitative terms) of the economy and undertakings, particularly SMEs, in accordance with the conclusions of the European Council of 13 and 14 March 2008 and with the Council Resolution of 15 November 2007 on new skills for new jobs, |
| --- | --- |

—

continuing to develop forward-planning mechanisms, aimed at focusing on jobs and skills at national level and across Europe, identifying potential skills gaps and shortages and responding to the future skills and competence needs (both in quantitative and qualitative terms) of the economy and undertakings, particularly SMEs, in accordance with the conclusions of the European Council of 13 and 14 March 2008 and with the Council Resolution of 15 November 2007 on new skills for new jobs,

| — | ensuring that the social partners and economic stakeholders are properly involved in defining and implementing VET policies, |
| --- | --- |

—

ensuring that the social partners and economic stakeholders are properly involved in defining and implementing VET policies,

| — | improving guidance and counselling services in order to ease the transition from training to employment and thus contribute to the objectives set out in the Council Resolution of 28 May 2004 on Strengthening Policies, Systems and Practices in the field of Guidance throughout life in Europe (14); participating actively in the European Lifelong Guidance Policy Network, |
| --- | --- |

—

improving guidance and counselling services in order to ease the transition from training to employment and thus contribute to the objectives set out in the Council Resolution of 28 May 2004 on Strengthening Policies, Systems and Practices in the field of Guidance throughout life in Europe (14); participating actively in the European Lifelong Guidance Policy Network,

| — | strengthening the mechanisms, including those of a financial nature (both public and private), aimed at promoting adult training — in particular in the workplace, with a special focus on SMEs — in order to contribute to better career opportunities and business competitiveness. In this respect, the measures outlined in the Council conclusions of 22 May 2008 on adult learning should be implemented, |
| --- | --- |

—

strengthening the mechanisms, including those of a financial nature (both public and private), aimed at promoting adult training — in particular in the workplace, with a special focus on SMEs — in order to contribute to better career opportunities and business competitiveness. In this respect, the measures outlined in the Council conclusions of 22 May 2008 on adult learning should be implemented,

| — | developing and implementing the validation and recognition of non-formal and informal learning outcomes, |
| --- | --- |

—

developing and implementing the validation and recognition of non-formal and informal learning outcomes,

| — | increasing the mobility of people undergoing work-related training, by strengthening the existing Community programmes in support of mobility, in particular for apprentices. The conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council on 21 November 2008, on youth mobility (15) should contribute to this process, |
| --- | --- |

—

increasing the mobility of people undergoing work-related training, by strengthening the existing Community programmes in support of mobility, in particular for apprentices. The conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council on 21 November 2008, on youth mobility (15) should contribute to this process,

| — | increasing the role of higher education in vocational education and training and in enhancing labour market integration. |
| --- | --- |

—

increasing the role of higher education in vocational education and training and in enhancing labour market integration.

4.   Strengthening European cooperation arrangements

| — | improving European cooperation arrangements in the field of VET, in particular by increasing the efficiency of peer learning activities and capitalising on their results in terms of national policies, |
| --- | --- |

—

improving European cooperation arrangements in the field of VET, in particular by increasing the efficiency of peer learning activities and capitalising on their results in terms of national policies,

| — | ensuring the integration and visibility of VET among the priorities of the future strategic framework for European cooperation in the field of education and training, while ensuring a proper link between VET and school education, higher education and adult learning policies; strengthening links with European policies on multilingualism and young people, |
| --- | --- |

—

ensuring the integration and visibility of VET among the priorities of the future strategic framework for European cooperation in the field of education and training, while ensuring a proper link between VET and school education, higher education and adult learning policies; strengthening links with European policies on multilingualism and young people,

| — | consolidating exchanges and cooperation with third countries and international organisations, such as the OECD, the Council of Europe, the International Labour Organisation and UNESCO in particular. The right of participation of all Member States in this work should be ensured. |
| --- | --- |

—

consolidating exchanges and cooperation with third countries and international organisations, such as the OECD, the Council of Europe, the International Labour Organisation and UNESCO in particular. The right of participation of all Member States in this work should be ensured.

INVITES THE MEMBER STATES AND THE COMMISSION, WITHIN THE LIMITS OF THEIR RESPECTIVE COMPETENCES,

to implement the measures set out in the above four areas, with regard to the priorities of the Copenhagen process for the period 2008-2010, by means of:

| — | appropriate public and private funding, using relevant EU resources such as the European Social Fund and the European Regional Development Fund and loans from the European Investment Bank to support reforms at national level in accordance with Member States' priorities, and the Lifelong Learning Programme to support the effective implementation of Community tools, |
| --- | --- |

—

appropriate public and private funding, using relevant EU resources such as the European Social Fund and the European Regional Development Fund and loans from the European Investment Bank to support reforms at national level in accordance with Member States' priorities, and the Lifelong Learning Programme to support the effective implementation of Community tools,

| — | continuation of work focused on improving the scope, comparability and reliability of VET statistics, in close collaboration with Eurostat, the OECD, Cedefop and the European Training Foundation (ETF), and the development of a more explicit VET component within the coherent framework of indicators and benchmarks. The right of participation of all Member States in this work should be ensured, |
| --- | --- |

—

continuation of work focused on improving the scope, comparability and reliability of VET statistics, in close collaboration with Eurostat, the OECD, Cedefop and the European Training Foundation (ETF), and the development of a more explicit VET component within the coherent framework of indicators and benchmarks. The right of participation of all Member States in this work should be ensured,

| — | further developing activities on the anticipation of skills needs and skills mismatches, in close collaboration with Cedefop, ETF and Eurofound, |
| --- | --- |

—

further developing activities on the anticipation of skills needs and skills mismatches, in close collaboration with Cedefop, ETF and Eurofound,

| — | information exchange with third countries, in particular with the countries covered by the enlargement policy as well as the European neighbourhood policy. |
| --- | --- |

—

information exchange with third countries, in particular with the countries covered by the enlargement policy as well as the European neighbourhood policy.

Cooperation in such work should be inclusive and involve all Member States, the Commission, candidate countries, EFTA-EEA countries and the social partners.

Cedefop and the European Training Foundation will continue to support the Commission, in particular in the monitoring and reporting of progress in implementation.

Special attention should be paid to progress on VET in the reports on the future strategic framework for European cooperation in the field of education and training and on the national Lisbon reform programmes.

---

(1)  OJ C 13, 18.1.2003, p. 2.

(2)  Council doc. 9599/04.

(3)  OJ C 298, 8.12.2006.

(4)  OJ L 394, 30.12.2006, p. 10.

(5)  OJ C 311, 21.12.2007, p. 13.

(6)  OJ C 290, 4.12.2007, p. 1.

(7)  Council doc. 5723/08.

(8)  Council doc. 7652/08, paragraph 13, p. 9.

(9)  OJ C 111, 6.5.2008, p. 2.

(10)  OJ C 141, 7.6.2008, p. 17.

(11)  Council doc. 8935/08.

(12)  OJ C 140, 6.6.2008, p. 10.

(13)  Council doc. 15030/08.

(14)  Council doc. 9286/04.

(15)  Council doc. 16206/08.

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| 24.1.2009 | EN | Official Journal of the European Union | C 18/11 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/11

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Conclusions of the Council concerning a European partnership for international scientific and technological cooperation

(2009/C 18/05)

THE COUNCIL OF THE EUROPEAN UNION,

RECALLING the general context of the realisation of the European Research Area (ERA) and in particular the Commission's Green Paper of 4 April 2007 (1), the conclusions of the Presidency of the European Council of 14 December 2007 and the Council conclusions on the launch of the ‘Ljubljana Process’ — towards full realisation of the European Research Area (30 May 2008) (2), in which a ‘wide opening of the ERA to the world’ constitutes one of the five initiatives identified in this context, and REFERRING to its ‘Vision 2020 for the European Research Area’ (2 December 2008) (3);

CONSIDERING that accelerating globalisation creates opportunities for increasing scientific excellence and for achieving sustainable development, and whereas, in particular, scientific and technological cooperation needs to be stepped up at worldwide level in order to resolve the major global challenges (those already identified such as climate change, poverty, infectious diseases, energy risks, water and food supply, safety of the population, preservation of biodiversity, network security and the digital divide as well as further challenges which may emerge);

CONSIDERING that the Seventh Framework Programme for Research and Technical Development (7th FP) allows for the participation of third countries and includes several new instruments intended to encourage international cooperation;

CONSIDERING that there are a large number of bilateral and multilateral S&T cooperation agreements in force concluded between the European Communities and third countries as well as between Member States and third countries, and WHEREAS there are currently no strategy at European level for exchanging relevant information on the activities deriving from these various agreements and, where appropriate, ensuring the adequate level of coordination amongst these activities;

CONSIDERING that Europe's aspiration — as expressed in its ‘Vision 2020 for the ERA’ — is to be able to speak with a consistent voice with its main partners, as well as within relevant international fora, in the area of science and technology;

CONSIDERING that international scientific and technological activities should be based on principles and practices which uphold reciprocity, fair treatment and mutual benefits, as well as adequate protection of intellectual property;

CONSIDERING that scientific and technological cooperation activities play a crucial role in the development, sharing and diffusion of knowledge worldwide, and constitute an important means for promoting the mobility of researchers and brain circulation;

| 1. | IS OF THE VIEW that the pursuit of the European Union's general objectives can be strengthened through a strategic framework for the appropriate coordination of its various scientific and technological cooperation activities with third countries, while setting priorities that are differentiated according to the level of scientific and economic development and sectoral characteristics of those countries; |
| --- | --- |

1.

IS OF THE VIEW that the pursuit of the European Union's general objectives can be strengthened through a strategic framework for the appropriate coordination of its various scientific and technological cooperation activities with third countries, while setting priorities that are differentiated according to the level of scientific and economic development and sectoral characteristics of those countries;

| 2. | WELCOMES the Commission Communication ‘A strategic European framework for international science and technology cooperation’ (4), with the aim of, in particular, strengthening the scientific and technological base of the European Union, boosting the competitiveness of its industry and helping to deal with global challenges within a context of ‘global responsibility’; |
| --- | --- |

2.

WELCOMES the Commission Communication ‘A strategic European framework for international science and technology cooperation’ (4), with the aim of, in particular, strengthening the scientific and technological base of the European Union, boosting the competitiveness of its industry and helping to deal with global challenges within a context of ‘global responsibility’;

| 3. | UNDERLINES that such a strategy aims to develop better coherence and synergies between the various international scientific and technological cooperation activities carried out in Europe by Member States and the European Community, whilst respecting the principle of subsidiarity; |
| --- | --- |

3.

UNDERLINES that such a strategy aims to develop better coherence and synergies between the various international scientific and technological cooperation activities carried out in Europe by Member States and the European Community, whilst respecting the principle of subsidiarity;

| 4. | INVITES Member States, incorporating as appropriate the countries associated to the FP7, to encourage a dialogue at European level with a view to the coordination of their international S&T cooperation policies and activities, as well as to facilitate consultation between interested stakeholders, including industry, in order to identify opportunities for and, where appropriate, obstacles to the development of scientific and technological cooperation activities between the European Union and the rest of the world; |
| --- | --- |

4.

INVITES Member States, incorporating as appropriate the countries associated to the FP7, to encourage a dialogue at European level with a view to the coordination of their international S&T cooperation policies and activities, as well as to facilitate consultation between interested stakeholders, including industry, in order to identify opportunities for and, where appropriate, obstacles to the development of scientific and technological cooperation activities between the European Union and the rest of the world;

| 5. | INVITES Member States and the Commission to form a European Partnership in the field of international scientific and technological cooperation (‘S&T cooperation’) with a view to implementing this European strategy; this should be based on consultation and sharing of information in a flexible way in order to identify common priorities which could give rise to coordinated or joint initiatives; and INVITES Member States and the Commission to coordinate activities and positions vis-à-vis third countries and within international fora in those areas which are part of this strategy, incorporating where appropriate the associated countries of the 7th FP; |
| --- | --- |

5.

INVITES Member States and the Commission to form a European Partnership in the field of international scientific and technological cooperation (‘S&T cooperation’) with a view to implementing this European strategy; this should be based on consultation and sharing of information in a flexible way in order to identify common priorities which could give rise to coordinated or joint initiatives; and INVITES Member States and the Commission to coordinate activities and positions vis-à-vis third countries and within international fora in those areas which are part of this strategy, incorporating where appropriate the associated countries of the 7th FP;

| 6. | In that context, INVITES Member States and the Commission to collaborate within a dedicated configuration of CREST (thereafter called ‘Strategic Forum for International S&T Cooperation’) to drive forward the European Partnership for S&T cooperation according to the mandate set out in the Annex; |
| --- | --- |

6.

In that context, INVITES Member States and the Commission to collaborate within a dedicated configuration of CREST (thereafter called ‘Strategic Forum for International S&T Cooperation’) to drive forward the European Partnership for S&T cooperation according to the mandate set out in the Annex;

| 7. | INVITES Member States and the Commission to contribute fully towards the success of the Partnership by making available to it appropriate information and experience acquired in connection with their respective cooperation activities including the outcome of evaluation and impact assessment of S&T collaboration with third countries; |
| --- | --- |

7.

INVITES Member States and the Commission to contribute fully towards the success of the Partnership by making available to it appropriate information and experience acquired in connection with their respective cooperation activities including the outcome of evaluation and impact assessment of S&T collaboration with third countries;

| 8. | Within the framework of the Partnership, INVITES Member States and the Commission to better coordinate and make more operational their S&T cooperation activities with other regions of the world, notably by strengthening or creating dialogue platforms with other regions of the world with a view to jointly identifying future priorities and actions with regard to S&T cooperation; |
| --- | --- |

8.

Within the framework of the Partnership, INVITES Member States and the Commission to better coordinate and make more operational their S&T cooperation activities with other regions of the world, notably by strengthening or creating dialogue platforms with other regions of the world with a view to jointly identifying future priorities and actions with regard to S&T cooperation;

| 9. | INVITES the Commission to further increase the impact of S&T Agreements, ensure the correct application of the principles of reciprocity, fair treatment and mutual benefits as referred to in the cooperation agreements between the European Community and third countries in the scientific and technological domain; and INVITES Member States to promote, within the framework of their S&T cooperation with third countries, where appropriate, the principles and practices set out in the Code of Practice for the management of intellectual property in knowledge transfer activities (5), the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers (6); |
| --- | --- |

9.

INVITES the Commission to further increase the impact of S&T Agreements, ensure the correct application of the principles of reciprocity, fair treatment and mutual benefits as referred to in the cooperation agreements between the European Community and third countries in the scientific and technological domain; and INVITES Member States to promote, within the framework of their S&T cooperation with third countries, where appropriate, the principles and practices set out in the Code of Practice for the management of intellectual property in knowledge transfer activities (5), the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers (6);

| 10. | UNDERLINES the need to ensure the necessary coherence and complementarity between European and national instruments supporting research and those supporting S&T capacity-building, and INVITES the Commission to strengthen the relationship between the Framework Programmes for Research and Technological Development (FP), the Pre-Accession Instrument (IPA), the European Development Fund (EDF), the financing instrument for development cooperation (DCI) and the European Neighbourhood and Partnership Instrument (ENPI) as well as other relevant mechanisms; |
| --- | --- |

10.

UNDERLINES the need to ensure the necessary coherence and complementarity between European and national instruments supporting research and those supporting S&T capacity-building, and INVITES the Commission to strengthen the relationship between the Framework Programmes for Research and Technological Development (FP), the Pre-Accession Instrument (IPA), the European Development Fund (EDF), the financing instrument for development cooperation (DCI) and the European Neighbourhood and Partnership Instrument (ENPI) as well as other relevant mechanisms;

| 11. | and in this context, RECALLS the action already undertaken to promote cooperation between Member States and developing countries, notably the EU-Africa Strategic Partnership, and along these lines CONSIDERS exploring further cooperation with developing countries as part of the EU's overall S&T strategy; |
| --- | --- |

11.

and in this context, RECALLS the action already undertaken to promote cooperation between Member States and developing countries, notably the EU-Africa Strategic Partnership, and along these lines CONSIDERS exploring further cooperation with developing countries as part of the EU's overall S&T strategy;

| 12. | CONSIDERS that all specific procedures related to the implementation of the international cooperation strategy of the European Research Area must be examined within the framework of the general approach to the optimisation of the governance of the European Research Area, as foreseen by the Ljubljana Process. |
| --- | --- |

12.

CONSIDERS that all specific procedures related to the implementation of the international cooperation strategy of the European Research Area must be examined within the framework of the general approach to the optimisation of the governance of the European Research Area, as foreseen by the Ljubljana Process.

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(1)  8322/07 (COM(2007) 161).

(2)  10231/08.

(3)  16767/08.

(4)  13498/08 (COM(2008) 588).

(5)  See Council Resolution (30 May 2008), 10323/08.

(6)  OJ L 75, 22.3.2005.

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ANNEX

Mandate for CREST concerning a strategic forum for international S&T cooperation

Objective:

To facilitate the further development, implementation and monitoring of the international dimension of ERA by the sharing of information and consultation between the partners (Member States and the Commission) with a view to identifying common priorities which could lead to coordinated or joint initiatives, and coordinating activities and positions vis-à-vis third countries and within international fora.

Working methods:

CREST will meet in a dedicated configuration (‘The Strategic Forum for International S&T Cooperation’) with high level representatives of Member States and the Commission. This dedicated configuration of CREST may be supported by an appropriate working group if deemed necessary. It will be chaired by one of its members representing a Member State designated for a period of 2 years. It will be open, as appropriate, to the countries associated to FP.

Main activities:

| — | systematically sharing and structuring information on the S&T cooperation activities and objectives (whether ongoing or planned) of the various partners, |
| --- | --- |

—

systematically sharing and structuring information on the S&T cooperation activities and objectives (whether ongoing or planned) of the various partners,

| — | pooling relevant knowledge concerning third countries, in particular analyses of their S&T resources and capabilities, |
| --- | --- |

—

pooling relevant knowledge concerning third countries, in particular analyses of their S&T resources and capabilities,

| — | ensuring regular consultation between the partners in order to identify their respective objectives and common priorities in terms of S&T cooperation with third countries (‘what and with whom?’), |
| --- | --- |

—

ensuring regular consultation between the partners in order to identify their respective objectives and common priorities in terms of S&T cooperation with third countries (‘what and with whom?’),

| — | where appropriate, coordinating activities of a similar nature implemented by Member States and the Community (with variable geometry), |
| --- | --- |

—

where appropriate, coordinating activities of a similar nature implemented by Member States and the Community (with variable geometry),

| — | if necessary, proposing initiatives to be implemented with appropriate ways and means, |
| --- | --- |

—

if necessary, proposing initiatives to be implemented with appropriate ways and means,

| — | networking of Member States' and the Commission's scientific advisors in key third countries. |
| --- | --- |

—

networking of Member States' and the Commission's scientific advisors in key third countries.

Reporting:

Annual report to the Council and to the Commission on progress achieved in realising the objectives of the Partnership, including as relevant:

| — | mapping of international cooperation activities (whether ongoing or planned) between the EU and third countries, |
| --- | --- |

—

mapping of international cooperation activities (whether ongoing or planned) between the EU and third countries,

| — | analysis of the scope, coherence and complementarity of the various EU activities, |
| --- | --- |

—

analysis of the scope, coherence and complementarity of the various EU activities,

| — | identification of common priorities and proposals for measures to implement them, |
| --- | --- |

—

identification of common priorities and proposals for measures to implement them,

| — | overall assessment of the impact of the EU's actions in international S&T cooperation. |
| --- | --- |

—

overall assessment of the impact of the EU's actions in international S&T cooperation.

---

Commission

| 24.1.2009 | EN | Official Journal of the European Union | C 18/14 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/14

---

Euro exchange rates (1)

23 January 2009

(2009/C 18/06)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2795 |
| JPY | Japanese yen | 113,65 |
| DKK | Danish krone | 7,4535 |
| GBP | Pound sterling | 0,93870 |
| SEK | Swedish krona | 10,7058 |
| CHF | Swiss franc | 1,4955 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9940 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 28,106 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 289,85 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7042 |
| PLN | Polish zloty | 4,4405 |
| RON | Romanian leu | 4,3053 |
| TRY | Turkish lira | 2,1433 |
| AUD | Australian dollar | 1,9836 |
| CAD | Canadian dollar | 1,6087 |
| HKD | Hong Kong dollar | 9,9238 |
| NZD | New Zealand dollar | 2,4592 |
| SGD | Singapore dollar | 1,9282 |
| KRW | South Korean won | 1 787,50 |
| ZAR | South African rand | 13,2081 |
| CNY | Chinese yuan renminbi | 8,7492 |
| HRK | Croatian kuna | 7,3973 |
| IDR | Indonesian rupiah | 14 496,74 |
| MYR | Malaysian ringgit | 4,6388 |
| PHP | Philippine peso | 60,580 |
| RUB | Russian rouble | 42,2975 |
| THB | Thai baht | 44,674 |
| BRL | Brazilian real | 3,0121 |
| MXN | Mexican peso | 18,1433 |
| INR | Indian rupee | 62,9000 |

Currency

Exchange rate

USD

US dollar

1,2795

JPY

Japanese yen

113,65

DKK

Danish krone

7,4535

GBP

Pound sterling

0,93870

SEK

Swedish krona

10,7058

CHF

Swiss franc

1,4955

ISK

Iceland króna

NOK

Norwegian krone

8,9940

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

28,106

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

289,85

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7042

PLN

Polish zloty

4,4405

RON

Romanian leu

4,3053

TRY

Turkish lira

2,1433

AUD

Australian dollar

1,9836

CAD

Canadian dollar

1,6087

HKD

Hong Kong dollar

9,9238

NZD

New Zealand dollar

2,4592

SGD

Singapore dollar

1,9282

KRW

South Korean won

1 787,50

ZAR

South African rand

13,2081

CNY

Chinese yuan renminbi

8,7492

HRK

Croatian kuna

7,3973

IDR

Indonesian rupiah

14 496,74

MYR

Malaysian ringgit

4,6388

PHP

Philippine peso

60,580

RUB

Russian rouble

42,2975

THB

Thai baht

44,674

BRL

Brazilian real

3,0121

MXN

Mexican peso

18,1433

INR

Indian rupee

62,9000

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 24.1.2009 | EN | Official Journal of the European Union | C 18/15 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/15

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

(2009/C 18/07)

Aid No: XA 335/08

Member State: Republic of Slovenia

Region: Območje občine Trbovlje

Title of aid scheme or name of company receiving an individual aid: Finančne pomoči za programe razvoja podeželja in kmetijstva v občini Trbovlje (Financial aid for agricultural and rural development programmes in the municipality of Trbovlje)

Legal basis: Pravilnik o dodeljevanju finančnih pomoči za programe razvoja podeželja in kmetijstva v občini Trbovlje

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

| | 2008: EUR 13 000 |
| --- | --- |

2008: EUR 13 000

| | 2009: EUR 13 000 |
| --- | --- |

2009: EUR 13 000

| | 2010: EUR 13 000 |
| --- | --- |

2010: EUR 13 000

| | 2011: EUR 13 000 |
| --- | --- |

2011: EUR 13 000

| | 2012: EUR 13 000 |
| --- | --- |

2012: EUR 13 000

| | 2013: EUR 13 000 |
| --- | --- |

2013: EUR 13 000

Maximum aid intensity:

1.   Investment in agricultural holdings for primary production:

| — | up to 50 % of eligible costs in less-favoured areas, |
| --- | --- |

—

up to 50 % of eligible costs in less-favoured areas,

| — | up to 40 % of eligible costs in other areas. |
| --- | --- |

—

up to 40 % of eligible costs in other areas.

2.   Conservation of traditional landscapes and buildings:

| — | up to 50 % of eligible costs of investment or measures to protect the heritage of productive assets on farms, such as farm buildings, provided the investment does not entail any increase in the production capacity of the farm, |
| --- | --- |

—

up to 50 % of eligible costs of investment or measures to protect the heritage of productive assets on farms, such as farm buildings, provided the investment does not entail any increase in the production capacity of the farm,

| — | up to 50 % of the eligible costs of investment or measures to conserve the heritage of non-productive assets on farms. |
| --- | --- |

—

up to 50 % of the eligible costs of investment or measures to conserve the heritage of non-productive assets on farms.

3.   Aid for land reparcelling:

| — | up to 100 % of actual legal and administrative costs incurred. |
| --- | --- |

—

up to 100 % of actual legal and administrative costs incurred.

4.   Provision of technical support in the agricultural sector:

| — | up to 100 % of costs concerning education and training of farmers, consultancy services, the organisation of forums, competitions, exhibitions and fairs, publications, catalogues and websites, and the dissemination of scientific knowledge. The aid is to be granted in the form of subsidised services and must not involve direct payments of money to agricultural holdings |
| --- | --- |

—

up to 100 % of costs concerning education and training of farmers, consultancy services, the organisation of forums, competitions, exhibitions and fairs, publications, catalogues and websites, and the dissemination of scientific knowledge. The aid is to be granted in the form of subsidised services and must not involve direct payments of money to agricultural holdings

Date of implementation: 10 November 2008 (the aid will not be granted until a summary has been published on the European Commission's website)

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: Support for SMEs

Reference to Articles of Regulation (EC) No 1857/2006 and eligible costs: The draft Rules on granting financial aid for agricultural and rural development programmes in the municipality of Trbovlje include measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):

Article 4: Investment in agricultural holdings for primary production,

Article 5: Conservation of traditional landscapes and buildings,

Article 13: Aid for land reparcelling,

Article 15: Provision of technical support in the agricultural sector

Sector(s) concerned: Agriculture

Name and address of the granting authority:

| Občina Trbovlje |
| --- |
| Mestni trg 4 |
| SLO-1420 Trbovlje |

Občina Trbovlje

Mestni trg 4

SLO-1420 Trbovlje

Website: http://www.lex-localis.info/KatalogInformacij/VsebinaDokumenta.aspx?SectionID=864eaf4a-0778-41f4-865a-a26d998c38fa

Other information: The measure for the payment of insurance premiums to insure crops and fruit includes the following adverse climatic events which can be assimilated to natural disasters: spring frost, hail, lightning, fire caused by lightning, storms and floods.

The municipality's Rules meet the requirements of Regulation (EC) No 1857/2006 concerning the measures to be adopted by the municipality and the general provisions applicable (procedure prior to the aid grant, cumulation, transparency and monitoring of aid)

Aid No: XA 336/08

Member State: Republic of Slovenia

Region: Območje občine Divača

Title of aid scheme or name of company receiving an individual aid: Pomoči za ohranjanje in razvoj kmetijstva ter podeželja v občini Divača 2008-2013 (Aid to preserve and develop agriculture and rural areas in the municipality of Divača for the period 2008-2013)

Legal basis: Pravilnik o dodeljevanju državnih pomoči za ohranjanje in razvoj kmetijstva ter podeželja v občini Divača za obdobje 2008–2013 (II. poglavje)

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

| | 2008: EUR 25 476 |
| --- | --- |

2008: EUR 25 476

| | 2009: EUR 26 000 |
| --- | --- |

2009: EUR 26 000

| | 2010: EUR 26 000 |
| --- | --- |

2010: EUR 26 000

| | 2011: EUR 26 000 |
| --- | --- |

2011: EUR 26 000

| | 2012: EUR 26 000 |
| --- | --- |

2012: EUR 26 000

| | 2013: EUR 26 000 |
| --- | --- |

2013: EUR 26 000

Maximum aid intensity:

1.   Investment in agricultural holdings for primary production:

| — | up to 50 % of eligible costs in less-favoured areas, |
| --- | --- |

—

up to 50 % of eligible costs in less-favoured areas,

| — | up to 40 % of eligible costs in other areas, |
| --- | --- |

—

up to 40 % of eligible costs in other areas,

| — | the aid intensity is increased by 10 % in the case of investments made by young farmers within five years of setting up. |
| --- | --- |

—

the aid intensity is increased by 10 % in the case of investments made by young farmers within five years of setting up.

2.   Conservation of traditional landscapes and buildings:

| — | up to 100 % of actual costs for non-productive structures, |
| --- | --- |

—

up to 100 % of actual costs for non-productive structures,

| — | up to 60 % of actual costs, or 75 % in less-favoured areas, for productive assets on farms, provided that the investment does not entail any increase in the production capacity of the farm, |
| --- | --- |

—

up to 60 % of actual costs, or 75 % in less-favoured areas, for productive assets on farms, provided that the investment does not entail any increase in the production capacity of the farm,

| — | up to 100 % to cover the extra costs incurred by using traditional materials. |
| --- | --- |

—

up to 100 % to cover the extra costs incurred by using traditional materials.

3.   Relocation of farm buildings in the public interest:

| — | up to 100 % of the actual costs where the relocation simply consists of the dismantling, removal and re-erection of existing buildings, |
| --- | --- |

—

up to 100 % of the actual costs where the relocation simply consists of the dismantling, removal and re-erection of existing buildings,

| — | where the relocation results in the farmer benefiting from more modern facilities, the farmer must contribute at least 60 %, or 50 % in less-favoured areas, of the increase in the value of the facilities concerned after relocation. If the beneficiary is a young farmer, his contribution is reduced by 5 %, |
| --- | --- |

—

where the relocation results in the farmer benefiting from more modern facilities, the farmer must contribute at least 60 %, or 50 % in less-favoured areas, of the increase in the value of the facilities concerned after relocation. If the beneficiary is a young farmer, his contribution is reduced by 5 %,

| — | where the relocation results in an increase in production capacity, the contribution from the beneficiary must be at least 60 %, or 50 % in less-favoured areas, of the expenses relating to this increase. If the beneficiary is a young farmer, his contribution is reduced by 5 %. |
| --- | --- |

—

where the relocation results in an increase in production capacity, the contribution from the beneficiary must be at least 60 %, or 50 % in less-favoured areas, of the expenses relating to this increase. If the beneficiary is a young farmer, his contribution is reduced by 5 %.

4.   Payment of insurance premiums:

| — | the amount of municipal co-financing comprises the difference between the amount of co-financing of insurance premiums from the national budget and the subsidy limit (up to 50 %) applying to the eligible costs of insurance premiums. |
| --- | --- |

—

the amount of municipal co-financing comprises the difference between the amount of co-financing of insurance premiums from the national budget and the subsidy limit (up to 50 %) applying to the eligible costs of insurance premiums.

5.   Aid for land reparcelling:

| — | up to 100 % of actual legal and administrative costs incurred. |
| --- | --- |

—

up to 100 % of actual legal and administrative costs incurred.

6.   Aid to encourage the production of quality agricultural products:

| — | up to 100 % of costs; the aid is to be provided in the form of subsidised services and does not involve direct payments of money to producers. |
| --- | --- |

—

up to 100 % of costs; the aid is to be provided in the form of subsidised services and does not involve direct payments of money to producers.

7.   Provision of technical support in the agricultural sector:

| — | up to 100 % of costs; the aid is to be provided in the form of subsidised services and does not involve direct payments of money to producers |
| --- | --- |

—

up to 100 % of costs; the aid is to be provided in the form of subsidised services and does not involve direct payments of money to producers

Date of implementation: 21 November 2008 (the aid will not be granted until a summary has been published on the European Commission's website)

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: To support SMEs

Reference to Articles of Regulation (EC) No 1857/2006 and eligible costs: Chapter II of the draft Rules on granting State aid for preserving and developing agriculture and rural areas in the municipality of Divača for the period 2008-2013 includes measures constituting State aid in accordance with the following Articles of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358, 16.12.2006, p. 3):

Article 4: Investment in agricultural holdings,

Article 5: Conservation of traditional landscapes and buildings,

Article 6: Relocation of farm buildings in the public interest,

Article 12: Aid towards the payment of insurance premiums,

Article 13: Aid for land reparcelling,

Article 14: Aid to encourage the production of quality agricultural products,

Article 15: Provision of technical support in the agricultural sector

Sector(s) concerned: Agriculture

Name and address of the granting authority:

| Občina Divača |
| --- |
| Kolodvorska ulica 3a |
| SLO-6215 Divača |

Občina Divača

Kolodvorska ulica 3a

SLO-6215 Divača

Website: http://www.uradni-list.si/1/objava.jsp?urlid=200884&objava=3670

Other information: The measure for the payment of insurance premiums to insure crops and fruit includes the following adverse climatic events which can be assimilated to natural disasters: spring frost, hail, lightning, fire caused by lightning, storms and floods.

The municipality's Rules meet the requirements of Regulation (EC) No 1857/2006 concerning the measures to be adopted by the municipality and the general provisions applicable (procedure prior to the aid grant, cumulation, transparency and monitoring of aid)

Aid No: XA 337/08

Member State: Denmark

Title of aid scheme or name of company receiving an individual aid: Production records

Legal basis: Lov om administration af Det Europæiske Fællesskabs forordninger om markedsordninger for landbrugsvarer m.v. (Bemyndigelsesloven), jf. lovbekendtgørelse nr. 297 af 28. april 2004

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: DKK 1 034 000

Maximum aid intensity: 100 %

Date of implementation:

Duration of the scheme or the individual aid award: Until 30 September 2009

Objective of aid: The purpose of the scheme for the keeping of production records regarding broilers and eggs for human consumption and the monitoring of productivity is to provide individual producers with reliable information for monitoring the development of their own production in the light of the broader economic context. It also aims to ensure that the sector is kept fully informed of productivity issues and the economic situation in the various lines of production involved.

The final beneficiaries are farmers producing eggs for human consumption and broilers. The scheme concerns only small and medium-sized enterprises.

The scheme comes under Article 15(2)(c) of Regulation (EC) No 1857/2006. It concerns expenditure on consultancy services

Sector(s) concerned: Poultry sector

Name and address of the granting authority:

| Fjerkræafgiftsfonden |
| --- |
| Axeltorv 3 |
| DK-1609 København V |

Fjerkræafgiftsfonden

Axeltorv 3

DK-1609 København V

Website: http://www.poultry.dk/ddf/fa.nsf/B2009T.pdf?openfileresource

Other information: —

Aid No: XA 338/08

Member State: Denmark

Title of aid scheme or name of company receiving an individual aid: Sample checks on broilers

Legal basis: Lov om administration af Det Europæiske Fællesskabs forordninger om markedsordninger for landbrugsvarer m.v. (Bemyndigelsesloven), jf. lovbekendtgørelse nr. 297 af 28. april 2004

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: DKK 90 000

Maximum aid intensity: 100 %

Date of implementation:

Duration of the scheme or the individual aid: Until 30 September 2009

Objectives of aid: To cover the cost of sample checks on broiler flocks under § 11 of bekendtgørelse nr. 1069 af 17. december 2001 om hold af kyllinger og rugeægsproduktion (Order No 1069 of 17 December 2001 on chicken and egg production) via the Fjerkræafgiftsfonden (Poultry Levy Fund).

The final beneficiaries are farmers producing broilers and the scheme concerns only small and medium-sized enterprises.

The scheme comes under Article 10(1) of Regulation (EC) No 1857/2006. It relates to expenditure on health checks

Sector(s) concerned: Poultry (broilers)

Name and address of the granting authority:

| Fjerkræafgiftsfonden |
| --- |
| Axeltorv 3 |
| DK-1609 København V |

Fjerkræafgiftsfonden

Axeltorv 3

DK-1609 København V

Website: http://www.poultry.dk/ddf/fa.nsf/B2009T.pdf?openfileresource

Other information: —

---

| 24.1.2009 | EN | Official Journal of the European Union | C 18/19 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/19

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

(2009/C 18/08)

Aid No: XA 339/08

Member State: Denmark

Title of aid scheme or name of company receiving an individual aid: Produktionsrelateret specialrådgivning med fokus på slagtefjerkræ

Legal basis: Lov om administration af Det Europæiske Fællesskabs forordninger om markedsordninger for landbrugsvarer m.v. (Bemyndigelsesloven), jf. lovbekendtgørelse nr. 297 af 28. april 2004

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: DKK 1 920 000

Maximum aid intensity: 100 %

Date of implementation:

Duration of the scheme or the individual aid: Until 30 September 2009

Objectives of aid: The aim of the scheme is to provide impartial and expert general technical advice. It is also designed to maintain a high level of skill in the production of hatching eggs, broilers and knowledge about poultry buildings, equipment and environmental issues.

The final beneficiaries are poultry farmers. The scheme concerns only small and medium-sized enterprises.

The scheme comes under Article 15(2)(c) of Regulation (EC) No 1857/2006. It concerns expenditure on consultancy services

Sector(s) concerned: Poultry sector

Name and address of the granting authority:

| Fjerkræafgiftsfonden |
| --- |
| Axeltorv 3 |
| DK-1609 Copenhagen V |

Fjerkræafgiftsfonden

Axeltorv 3

DK-1609 Copenhagen V

Website: http://www.poultry.dk/ddf/fa.nsf/B2009T.pdf?openfileresource

Other information: —

Aid No: XA 340/08

Member State: Denmark

Title of aid scheme or name of company receiving an individual aid: Økologiske slagtekyllinger

Legal basis: Lov om administration af Det Europæiske Fællesskabs forordninger om markedsordninger for landbrugsvarer m.v. (Bemyndigelsesloven), jf. lovbekendtgørelse nr. 297 af 28. april 2004

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: DKK 252 000

Maximum aid intensity: 100 %

Date of implementation:

Duration of the scheme or the individual aid: Until 30 September 2009

Objectives of aid: The aim of the scheme is to gather and disseminate information about organic broiler production.

The final beneficiaries are poultry farmers. The scheme concerns only small and medium-sized enterprises.

The scheme comes under Article 15(2)(c) of Regulation (EC) No 1857/2006. It concerns expenditure on consultancy services

Sector(s) concerned: Poultry sector

Name and address of the granting authority:

| Fjerkræafgiftsfonden |
| --- |
| Axeltorv 3 |
| DK-1609 Copenhagen V |

Fjerkræafgiftsfonden

Axeltorv 3

DK-1609 Copenhagen V

Website: http://www.poultry.dk/ddf/fa.nsf/B2009T.pdf?openfileresource

Other information: —

Aid No: XA 365/08

Member State: United Kingdom

Region: Scotland

Title of aid scheme or name of company receiving an individual aid: Orkney Johne's Disease Eradication Scheme

Legal basis: Local Government in Scotland Act 2003; Section 69(3) of the Orkney County Council Act 1974

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: GBP 120 000 (One Hundred and Twenty Thousand Pounds) total

Maximum aid intensity: The aid intensity is 100 % in line with Article 10 of Regulation (EC) No 1857/2006

Date of implementation: The scheme will start on 1 November 2008

Duration of scheme or individual aid award: The scheme will start on 1 November 2008 and will close on 31 October 2011

Objective of aid: The scheme will be pursued in accordance with Chapter 2, Article 10(1) of Regulation (EC) No 1857/2006. The scheme will provide a screening service for cattle in Orkney for Johne's Disease. This scheme is all-inclusive, and ensures that at least 80 % of the current Orkney breeding herd is tested for the disease. Johne's disease is one of the animal diseases listed where aid made may be granted for prevention and control, which is in accordance with Article 10(7) of Regulation (EC) No 1857/2006. The scheme is provided as a service for the agricultural community at large, and makes no charge nor levy for testing stock — Aid provided under this scheme is granted in kind by means of subsidised services, and will not involve direct payment of money to producers.

By testing cattle for the disease, the principle aim of OJDES is to sustain disease-free, High Health status of Orkney's cattle, thereby meeting all of the following objectives:

to reduce production costs,

To improve or redeploy production,

to improve quality,

to preserve and improve the natural environment, hygiene conditions and animal welfare standards,

to improve marketing profile

Sector(s) concerned: The scheme applies to the production of agricultural products

Name and address of the granting authority:

| Orkney Islands Council |
| --- |
| Council Offices |
| School Place |
| Kirkwall |
| Orkney KW15 1NY |
| United Kingdom |

Orkney Islands Council

Council Offices

School Place

Kirkwall

Orkney KW15 1NY

United Kingdom

Website: http://www.orkney.gov.uk/nqcontent.cfm?a_id=13745&tt=orkneyv2

Other information: —

Aid No: XA 366/08

Member State: United Kingdom

Region: Scotland

Title of aid scheme or name of company receiving an individual aid: Bluetongue Vaccination Campaign

Legal basis: Section 4(3) of the Small Landholders Act 1911

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: GBP 3 000 000

Maximum aid intensity: 50 %

Date of implementation: The scheme will start on 3 November 2008

Duration of scheme or individual aid award: The scheme will start on 3 November 2008 and will close on 30 April 2009

Objective of aid: Aid to SMEs

Sector(s) concerned: The scheme applies to the small and medium sized enterprises involved in the primary production of agricultural products

Name and address of the granting authority:

| Scottish Government |
| --- |
| Pentland House |
| 47 Robbs Loan |
| Edinburgh |
| EH14 1TY |
| United Kingdom |

Scottish Government

Pentland House

47 Robbs Loan

Edinburgh

EH14 1TY

United Kingdom

Website: http://www.scotland.gov.uk/Topics/Agriculture/animal-welfare/Diseases/SpecificDisease/bluetongue/BTVaccination/BTVaccinationStateAidInfo

Other information: The aim of the Vaccination Campaign against Bluetongue is to keep Scottish livestock free from disease. Vaccination of cattle and sheep is compulsory, and vaccination of all other domestic susceptible animals is voluntary The aid provided reduces the cost of the vaccine to producers and animal keepers by 50 % of the manufacturer's costs. Producers and animal keepers will pay the balance of the manufacturing and delivery costs.

The Scottish Government has secured 12 million doses of vaccine for use by livestock producers and animal keepers who meet the definition of an SME. This scheme helps producers and animal keepers meet the costs of the vaccination campaign during the first year. The vaccine will be supplied on a first come first served basis. It may be that figure of 12 million based on the estimate of the number required to vaccinate all eligible animals in Scotland up to the end of the winter of 2008/2009 vaccination period may be sold out before the end of the winter. If this is the case, producers and animal keepers will then have to pay the full commercial price for the vaccine.

The scheme complies with Chapter 2, Article 10 of Regulation (EC) No 1857/2006. by providing support up to 50 % of the bluetongue vaccine manufacturing cost for SME's. The support has been provided directly to the vaccine manufacturers. Producers will therefore receive the vaccine at the supported price when purchased from the veterinary practice and is granted in kind by means of a subsidised service which will not involve direct payment of money to producers.

Farmers can administer the vaccine themselves, except where veterinary administration and certification is specifically required.

It is anticipated that all the vaccine will be used during the life of this scheme however if at the end of the 2008/2009 winter vaccination period any of the 12 million doses of vaccine were unused the Scottish Government will apply for an extension to the closure date of this scheme

---

(1)  This scheme will be operated as a service for the agricultural community at large.

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V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 24.1.2009 | EN | Official Journal of the European Union | C 18/22 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 18/22

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Call for proposals — Joint Harmonised European Union Programme of Business and Consumer Surveys

(2009/C 18/09)

1.   CONTEXT

The European Commission is launching a call for proposals (ref. ECFIN/2008/A3-042) for carrying out surveys as part of the Joint EU Harmonised Programme of Business and Consumer Surveys (approved by the Commission on 12 July 2006 COM(2006) 379) in Ireland. This co-operation shall take the form of a framework partnership agreement between the Commission and the specialised bodies over a period of two years.

The programme is designed to gather information on the state of the economies in the EU Member States and in the candidate countries so as to be able to compare their business cycles for Economic and Monetary Union (EMU) management purposes. It has become an indispensable tool in the EMU economic surveillance process, as well as for general economic policy purposes.

2.   PURPOSE AND SPECIFICATIONS OF THE ACTION

2.1.   Objectives

The joint harmonised EU programme involves specialised bodies/institutes carrying out opinion surveys on a joint financing basis. The Commission is looking to conclude agreements with bodies and institutes suitably qualified to carry out one or more of the following surveys for the next two years:

| — | investment survey, |
| --- | --- |

—

investment survey,

| — | construction survey, |
| --- | --- |

—

construction survey,

| — | retail trade survey, |
| --- | --- |

—

retail trade survey,

| — | services survey, |
| --- | --- |

—

services survey,

| — | industry survey, |
| --- | --- |

—

industry survey,

| — | consumer survey. |
| --- | --- |

—

consumer survey.

Moreover, ad hoc surveys on topical economic issues are carried out in addition to the monthly surveys, using the same established samples as the monthly surveys, to obtain information on specific economic policy issues. These ad hoc surveys are by definition more occasional.

The surveys target managers in the industry, investment, construction, retail trade and services sectors as well as consumers.

2.2.   Technical specifications

2.2.1.   Survey timing and reporting of results

The following table gives an overview of the surveys requested under this call for proposals:

| Survey name | Number of activities/size classes | Number of aggregates | Number of questions asked monthly | Number of questions asked quarterly |
| --- | --- | --- | --- | --- |
| Industry | 40/— | 16 | 7 | 9 |
| Investment | 6/6 | 2 | 2 questions in March/April
  4 questions in October/November |
| Construction | 3/— | 2 | 5 | 1 |
| Retail trade | 7/— | 2 | 6 | — |
| Services | 18/— | 1 | 6 | 1 |
| Consumer | 24 breakdowns | 1 | 14 (including 2 optional questions) | 3 |

Survey name

Number of activities/size classes

Number of aggregates

Number of questions asked monthly

Number of questions asked quarterly

Industry

40/—

16

7

9

Investment

6/6

2

2 questions in March/April

4 questions in October/November

Construction

3/—

2

5

1

Retail trade

7/—

2

6

—

Services

18/—

1

6

1

Consumer

24 breakdowns

1

14 (including 2 optional questions)

3

| — | The monthly surveys must be carried out in the first two to three weeks of each month and the results must be e-mailed to the Commission at least 5-7 working days before the end of the month and in accordance with the calendar that will be included in the specific grant agreement. |
| --- | --- |

—

The monthly surveys must be carried out in the first two to three weeks of each month and the results must be e-mailed to the Commission at least 5-7 working days before the end of the month and in accordance with the calendar that will be included in the specific grant agreement.

| — | The quarterly surveys must be carried out in the first two to three weeks of the first month of each quarter (January, April, July and October) and the results must be e-mailed to the Commission at least 5-7 working days before the end of January, April, July and October respectively and in accordance with the calendar that will be included in the specific grant agreement. |
| --- | --- |

—

The quarterly surveys must be carried out in the first two to three weeks of the first month of each quarter (January, April, July and October) and the results must be e-mailed to the Commission at least 5-7 working days before the end of January, April, July and October respectively and in accordance with the calendar that will be included in the specific grant agreement.

| — | The six-monthly surveys of investment must be carried out in March/April and October/November and the results must be e-mailed to the Commission at least 5-7 working days before the end of April and November respectively, and in accordance with the calendar that will be included in the grant agreement. |
| --- | --- |

—

The six-monthly surveys of investment must be carried out in March/April and October/November and the results must be e-mailed to the Commission at least 5-7 working days before the end of April and November respectively, and in accordance with the calendar that will be included in the grant agreement.

| — | In the case of ad hoc surveys, the beneficiary must undertake to adhere to the specific timetables laid down for them. |
| --- | --- |

—

In the case of ad hoc surveys, the beneficiary must undertake to adhere to the specific timetables laid down for them.

A detailed description of the action (Annex I of the specific grant agreement) can be downloaded from the following Internet address:

http://ec.europa.eu/economy_finance/procurements_grants/grants7989_en.htm

2.2.2.   Methodology and questionnaires

Details on the methodology, questionnaires and international guidelines on the conduct of business and consumer surveys can be found in the user's guide on the Joint Harmonised EU Programme of Business and Consumer Surveys at:

http://ec.europa.eu/economy_finance/indicators/business_consumer_surveys/userguide_en.pdf

3.   ADMINISTRATIVE PROVISIONS AND DURATION

3.1.   Administrative provisions

The body or institute is to be selected for a maximum period of 2 years. The Commission wishes to establish a long-term co-operation with the successful applicants. For this purpose a two-year framework partnership agreement will be concluded between the parties. Under this framework partnership agreement, which will specify the common objectives and the nature of the actions planned, two specific annual grant agreements may be concluded between the parties. The first of these specific grant agreements will concern the period from May 2009 to April 2010.

3.2.   Duration

The surveys run from 1 May until 30 April. The duration of the action may not exceed 12 months.

4.   FINANCIAL FRAMEWORK

4.1.   Sources of Community funding

The operations selected will be financed from budget heading 01.02.02 — Coordination and surveillance of economic and monetary union.

4.2.   Estimated total Community budget for this call

| — | The total annual budget available for the period May 2009-April 2010 for these surveys is EUR 75 000,00. |
| --- | --- |

—

The total annual budget available for the period May 2009-April 2010 for these surveys is EUR 75 000,00.

| — | Amounts for the following year could be increased, subject to budgetary resources available, by about 2 %. |
| --- | --- |

—

Amounts for the following year could be increased, subject to budgetary resources available, by about 2 %.

4.3.   Percentage of Community co-financing

The Commission's share in the joint financing may not exceed 50 % of the eligible costs incurred by the beneficiary on each survey. The Commission determines the percentage of the co-financing on an individual basis.

4.4.   Funding of the action by the beneficiary and eligible costs incurred

The beneficiary will be requested to submit a detailed budget for year 1 containing an estimate of the costs and funding of the action, expressed in euro. A detailed budget, for year 2 under the framework partnership agreement will be provided on the basis of an invitation by the Commission.

The budgeted grant amount requested from the Commission should be rounded to the nearest ten. The budget will be incorporated as an annex to the specific grant agreement. The Commission may subsequently use these figures for auditing purposes.

Eligible costs can be incurred only after signature of the specific grant agreement by all the parties, save in exceptional cases and, under no circumstances, before submission of the application for a grant. Contributions in kind are not regarded as eligible costs.

4.5.   Payment arrangements

A request for pre-financing of 40 % of the maximum grant amount can be submitted by the beneficiary in the month of September. A request for payment of the balance together with a final financial statement and a detailed list of costs will be submitted within two months after the closing date of the action (see full details in Articles 5 and 6 of the specific grant agreement).

Both the request for pre-financing and the request for payment of the balance shall be preceded by the timely submission of the data resulting from the business and consumer surveys.

Only costs which are traceable and identifiable in the beneficiary's cost accounting system will be considered as eligible costs.

4.6.   Subcontracting

| — | Where, in a proposal, the amount of the services executed by a subcontractor is equal to or exceeds 50 % of the tasks, the subcontractor must provide all the necessary documents for assessing the applicant's proposal as a whole with regard to the exclusion, selection and award criteria (see points 5, 6 and 7 below). This implies that the subcontractor has to prove that he fulfils the exclusion criteria, as well as the selection and award criteria relevant to the part of the tasks he will perform. |
| --- | --- |

—

Where, in a proposal, the amount of the services executed by a subcontractor is equal to or exceeds 50 % of the tasks, the subcontractor must provide all the necessary documents for assessing the applicant's proposal as a whole with regard to the exclusion, selection and award criteria (see points 5, 6 and 7 below). This implies that the subcontractor has to prove that he fulfils the exclusion criteria, as well as the selection and award criteria relevant to the part of the tasks he will perform.

| — | The applicant for the grant shall award contract to tenderers offering the best price-quality ratio, while taking care to avoid any conflict of interest. In case subcontracting exceeds EUR 60 000,00, the applicant will have to document, once selected, that the subcontractor has been chosen on the best price-quality ratio basis. |
| --- | --- |

—

The applicant for the grant shall award contract to tenderers offering the best price-quality ratio, while taking care to avoid any conflict of interest. In case subcontracting exceeds EUR 60 000,00, the applicant will have to document, once selected, that the subcontractor has been chosen on the best price-quality ratio basis.

4.7.   Joint proposals

In all cases of joint proposals, the tasks and financial contribution of all members participating in the proposal must be clearly identified. All members must provide all the necessary documents for assessing the proposal as a whole with regard to the exclusion, selection and award criteria (see points 5, 6 and 7 below) related to their tasks.

One of the participating members will take the role of co-ordinator and shall:

| — | assume the overall responsibility for the partnership vis-à-vis the Commission, |
| --- | --- |

—

assume the overall responsibility for the partnership vis-à-vis the Commission,

| — | monitor the activities of the other participating member(s), |
| --- | --- |

—

monitor the activities of the other participating member(s),

| — | ensure the overall coherence and timely submission of survey results, |
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—

ensure the overall coherence and timely submission of survey results,

| — | centralise the signature of the contract and deliver the contract duly signed by all participants to the Commission (proxy is possible), |
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—

centralise the signature of the contract and deliver the contract duly signed by all participants to the Commission (proxy is possible),

| — | centralise the Commission's financial contribution and disburse payments to participants, |
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—

centralise the Commission's financial contribution and disburse payments to participants,

| — | collect supporting documents of expenditure incurred by each participant and present them in a single submission. |
| --- | --- |

—

collect supporting documents of expenditure incurred by each participant and present them in a single submission.

5.   ELIGIBILITY CRITERIA

5.1.   Legal status of applicants

The call for proposals is open to bodies and institutes (legal entities) with legal status in one of the EU Member States, Croatia, Former Yugoslav Republic of Macedonia or Turkey. Applicants must show that they exist as a legal entity and provide the required documentation by means of the standard legal entity form.

5.2.   Grounds for exclusion

Applications will not be considered for a grant if the applicants are in any of the following situations (1):

| (a) | they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; |
| --- | --- |

(a)

they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

| (b) | they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; |
| --- | --- |

(b)

they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

| (c) | they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; |
| --- | --- |

(c)

they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

| (d) | they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; |
| --- | --- |

(d)

they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

| (e) | they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; |
| --- | --- |

(e)

they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

| (f) | following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations; |
| --- | --- |

(f)

following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations;

| (g) | they are faced with a conflict of interest; |
| --- | --- |

(g)

they are faced with a conflict of interest;

| (h) | they have been guilty of misrepresentation in supplying the information required or have failed to supply this information. |
| --- | --- |

(h)

they have been guilty of misrepresentation in supplying the information required or have failed to supply this information.

Applicants must certify that they are not in one of the situations listed under point 5.2 by means of the standard declaration form on eligibility.

5.3.   Administrative and financial penalties

| 1. | Without prejudice to the application of penalties laid down in the contract, candidates or tenderers and contractors who have been guilty of making false declarations or have been found to have seriously failed to meet their contractual obligations in an earlier procurement procedure shall be excluded from all contracts and grants financed by the Community budget for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor. That period may be extended to three years in the event of a repeat offence within five years of the first infringement.
  Tenderers or candidates who have been guilty of making false declarations shall also receive financial penalties representing 2 % to 10 % of the total value of the contract being awarded.
  Contractors who have been found to have seriously failed to meet their contractual obligations shall receive financial penalties representing 2 % to 10 % of the total value of the contract in question. That rate may be increased to 4 % to 20 % in the event of a repeat offence within five years of the first infringement. |
| --- | --- |

1.

Without prejudice to the application of penalties laid down in the contract, candidates or tenderers and contractors who have been guilty of making false declarations or have been found to have seriously failed to meet their contractual obligations in an earlier procurement procedure shall be excluded from all contracts and grants financed by the Community budget for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor. That period may be extended to three years in the event of a repeat offence within five years of the first infringement.

Tenderers or candidates who have been guilty of making false declarations shall also receive financial penalties representing 2 % to 10 % of the total value of the contract being awarded.

Contractors who have been found to have seriously failed to meet their contractual obligations shall receive financial penalties representing 2 % to 10 % of the total value of the contract in question. That rate may be increased to 4 % to 20 % in the event of a repeat offence within five years of the first infringement.

| 2. | In the cases referred to in points 5.2(a), (c) and (d) the candidates or tenderers shall be excluded from all contracts and grants for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor.
  In the cases referred to in points 5.2(b) and (e), the candidates or tenderers shall be excluded from all contracts and grants for a minimum of one year and a maximum of four years from the date of notification of the judgment.
  Those periods may be extended to five years in the event of a repeat offence within five years of the first infringement or the first judgment. |
| --- | --- |

2.

In the cases referred to in points 5.2(a), (c) and (d) the candidates or tenderers shall be excluded from all contracts and grants for a maximum of two years from the time when the infringement is established, as confirmed after an adversarial procedure with the contractor.

In the cases referred to in points 5.2(b) and (e), the candidates or tenderers shall be excluded from all contracts and grants for a minimum of one year and a maximum of four years from the date of notification of the judgment.

Those periods may be extended to five years in the event of a repeat offence within five years of the first infringement or the first judgment.

| 3. | The cases referred to in point 5.2(e) shall be the following:






  (a) | cases of fraud as referred to in Article 1 of the Convention on the protection of the European Communities' financial interests drawn up by the Council Act of 26 July 1995; |
| --- | --- | --- |

3.

The cases referred to in point 5.2(e) shall be the following:

(a)

cases of fraud as referred to in Article 1 of the Convention on the protection of the European Communities' financial interests drawn up by the Council Act of 26 July 1995;

| (b) | cases of corruption as referred to in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997; |
| --- | --- |

(b)

cases of corruption as referred to in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997;

| (c) | cases of participation in a criminal organisation, as defined in Article 2(1) of Joint Action 98/733/JHA of the Council; |
| --- | --- |

(c)

cases of participation in a criminal organisation, as defined in Article 2(1) of Joint Action 98/733/JHA of the Council;

| (d) | cases of money laundering as defined in Article 1 of Council Directive 91/308/EEC. |
| --- | --- |

(d)

cases of money laundering as defined in Article 1 of Council Directive 91/308/EEC.

6.   SELECTION CRITERIA

Applicants must have stable and sufficient sources of funding to maintain their activity throughout the period during which the action is being carried out. They must have the professional competences and qualifications required to complete the proposed action or work programme.

6.1.   Financial capacity of applicants

Applicants must have the financial capacity to complete the proposed action and must provide their balance sheets and profit and loss accounts for the last two financial years for which the accounts have been closed. This provision does not apply to public bodies and international organisations.

6.2.   Operational capability of applicants

Applicants must have the operational capability to complete the proposed action and should provide the appropriate supporting documentation.

The following criteria will be used to assess the applicant's ability:

| — | at least three years' proven experience in preparing and carrying out surveys, |
| --- | --- |

—

at least three years' proven experience in preparing and carrying out surveys,

| — | proven experience in evaluating survey results and addressing methodological questions (samples, questionnaires and scheduling), |
| --- | --- |

—

proven experience in evaluating survey results and addressing methodological questions (samples, questionnaires and scheduling),

| — | ability to apply the methodology of the Joint Harmonised EU Programme of Business and Consumer Surveys and to comply with the international guidelines on the conduct of business and consumer surveys jointly developed by the European Commission and the OECD (see point 2.2.2), as well as with the Commission's instructions: to meet the monthly reporting deadlines, implement improvements and changes to the survey programme as requested by the Commission services, in line with agreements reached at coordination meetings with representatives of collaborating bodies/institutes. |
| --- | --- |

—

ability to apply the methodology of the Joint Harmonised EU Programme of Business and Consumer Surveys and to comply with the international guidelines on the conduct of business and consumer surveys jointly developed by the European Commission and the OECD (see point 2.2.2), as well as with the Commission's instructions: to meet the monthly reporting deadlines, implement improvements and changes to the survey programme as requested by the Commission services, in line with agreements reached at coordination meetings with representatives of collaborating bodies/institutes.

7.   AWARD CRITERIA

The following criteria will be used to award the agreement to successful candidates:

| — | the candidate's degree of expertise and experience in the areas mentioned under point 6.2, |
| --- | --- |

—

the candidate's degree of expertise and experience in the areas mentioned under point 6.2,

| — | the candidate's degree of expertise and experience in constructing indicators based on survey results and in using survey results for cyclical and economic analysis and research, including analysis by sector, |
| --- | --- |

—

the candidate's degree of expertise and experience in constructing indicators based on survey results and in using survey results for cyclical and economic analysis and research, including analysis by sector,

| — | the effectiveness of the proposed survey methodology including sample design, sample size, coverage rate, response rate, etc., |
| --- | --- |

—

the effectiveness of the proposed survey methodology including sample design, sample size, coverage rate, response rate, etc.,

| — | the candidate's level of competence and knowledge of the special survey features of the sector and country where they intend to carry out the survey(s), |
| --- | --- |

—

the candidate's level of competence and knowledge of the special survey features of the sector and country where they intend to carry out the survey(s),

| — | the efficiency of the candidate's work organisation, in terms of flexibility, infrastructure, qualified staff and facilities for carrying out the work, reporting the results, participating in preparing the surveys under the joint harmonised programme and liaising with the Commission. |
| --- | --- |

—

the efficiency of the candidate's work organisation, in terms of flexibility, infrastructure, qualified staff and facilities for carrying out the work, reporting the results, participating in preparing the surveys under the joint harmonised programme and liaising with the Commission.

8.   PRACTICAL PROCEDURES

8.1.   Drawing-up and submission of proposals

Proposals must contain the completed and signed standard grant application form and all supporting documents referred to in the form. Applicants can submit proposals for one or several surveys.

The proposals must be presented in three sections:

| — | administrative proposal, |
| --- | --- |

—

administrative proposal,

| — | technical proposal, |
| --- | --- |

—

technical proposal,

| — | financial proposal. |
| --- | --- |

—

financial proposal.

In case of submission of proposals for several surveys, it is sufficient to include in the application only one administrative proposal and, where appropriate, only a technical proposal, or a common part thereof.

The following standard forms can be obtained from the Commission:

| — | standard grant application form, |
| --- | --- |

—

standard grant application form,

| — | standard budget statement for providing estimates of the survey costs and financing plan, |
| --- | --- |

—

standard budget statement for providing estimates of the survey costs and financing plan,

| — | standard financial identification form, |
| --- | --- |

—

standard financial identification form,

| — | standard legal entity form, |
| --- | --- |

—

standard legal entity form,

| — | standard declaration form on eligibility, |
| --- | --- |

—

standard declaration form on eligibility,

| — | standard declaration form indicating willingness to sign the framework partnership agreement and the specific grant agreement, |
| --- | --- |

—

standard declaration form indicating willingness to sign the framework partnership agreement and the specific grant agreement,

| — | standard form regarding subcontracting, |
| --- | --- |

—

standard form regarding subcontracting,

| — | standard form for the description of the survey methodology, |
| --- | --- |

—

standard form for the description of the survey methodology,

as well as documentation regarding the financial aspects of the grant:

| — | aide-memoire for drawing up financial estimates and financial statements, |
| --- | --- |

—

aide-memoire for drawing up financial estimates and financial statements,

| — | model of the framework partnership agreement, |
| --- | --- |

—

model of the framework partnership agreement,

| — | model of the specific annual grant agreement, |
| --- | --- |

—

model of the specific annual grant agreement,

| (a) | by downloading them from the following Internet address:
  http://ec.europa.eu/economy_finance/procurements_grants/grants7989_en.htm |
| --- | --- |

(a)

by downloading them from the following Internet address:

http://ec.europa.eu/economy_finance/procurements_grants/grants7989_en.htm

| (b) | in case the previous option is not possible, by writing to the Commission at:





  European Commission |
| --- | --- |
| Directorate-General for Economic and Financial Affaires |
| Unit ECFIN-A-3 (Business surveys) |
| Call for proposals — ECFIN/2008/A3-042 |
| BU-1 3/146 |
| B-1049 Brussels |
| Fax (32-2) 296 36 50 |
| E-mail: ecfin-bcs-mail@ec.europa.eu |
| Please mention ‘Call for proposals — ECFIN/2008/A3-042’ |

(b)

in case the previous option is not possible, by writing to the Commission at:

European Commission

Directorate-General for Economic and Financial Affaires

Unit ECFIN-A-3 (Business surveys)

Call for proposals — ECFIN/2008/A3-042

BU-1 3/146

B-1049 Brussels

Fax (32-2) 296 36 50

E-mail: ecfin-bcs-mail@ec.europa.eu

Please mention ‘Call for proposals — ECFIN/2008/A3-042’

The Commission reserves the right to amend these standard documents in line with the needs of the joint harmonised EU programme and/or budget management constraints.

Proposals must be submitted in one of the official languages of the European Community together with a translation in English, French or German, where appropriate.

One signed original proposal and three copies, preferably not stapled must be supplied by the applicant. This would facilitate the administrative work when preparing all the necessary copies/documents for the selection committee(s).

Proposals must be sent in a sealed cover contained in another sealed envelope.

The outside envelope should bear the address given at point 8.3 below.

The sealed inner envelope containing the proposal must be marked ‘Call for proposals — ECFIN/2008/A3-042, not to be opened by the internal mail department’.

The Commission will notify candidates that their proposal has been received by returning the acknowledgement of receipt slip submitted with the proposal.

8.2.   Content of proposals

8.2.1.   Administrative proposal

The administrative proposal must include:

| — | a duly signed standard grant application form, |
| --- | --- |

—

a duly signed standard grant application form,

| — | a duly completed and signed standard legal entity form and the requested supporting documentation proving the legal status of the body or institute, |
| --- | --- |

—

a duly completed and signed standard legal entity form and the requested supporting documentation proving the legal status of the body or institute,

| — | a duly completed and signed standard financial identification form, |
| --- | --- |

—

a duly completed and signed standard financial identification form,

| — | a duly signed standard declaration form of the applicant's eligibility, |
| --- | --- |

—

a duly signed standard declaration form of the applicant's eligibility,

| — | a duly signed standard declaration form indicating willingness to sign the framework partnership agreement and the specific grant agreement, if selected, |
| --- | --- |

—

a duly signed standard declaration form indicating willingness to sign the framework partnership agreement and the specific grant agreement, if selected,

| — | the organisation chart of the body or institute, showing the names and positions of the management and of the operational service responsible for conducting the surveys, |
| --- | --- |

—

the organisation chart of the body or institute, showing the names and positions of the management and of the operational service responsible for conducting the surveys,

| — | proof of sound financial situation: balance sheets and profit and loss accounts from the previous two financial years, i.e. 2007 and 2006 for which the accounts have been closed, should be attached. |
| --- | --- |

—

proof of sound financial situation: balance sheets and profit and loss accounts from the previous two financial years, i.e. 2007 and 2006 for which the accounts have been closed, should be attached.

8.2.2.   Technical proposal

The technical proposal must include:

| — | a description of the activities of the body or institute, enabling the assessment of its qualifications and the scope and duration of its experience in the requested areas under point 6.2. This should mean any relevant studies, service contracts, consultancy work, surveys, publications or other work previously carried out, indicating the name of the client and stating which, if any, were done for the European Commission. The most relevant studies and/or results should be attached, |
| --- | --- |

—

a description of the activities of the body or institute, enabling the assessment of its qualifications and the scope and duration of its experience in the requested areas under point 6.2. This should mean any relevant studies, service contracts, consultancy work, surveys, publications or other work previously carried out, indicating the name of the client and stating which, if any, were done for the European Commission. The most relevant studies and/or results should be attached,

| — | a detailed description of the operational organisation for carrying out the surveys. Relevant documentation should be attached regarding the infrastructure, facilities, resources and qualified staff (concise CV's of the staff the most involved in carrying out the survey(s)) at the applicant's disposal, |
| --- | --- |

—

a detailed description of the operational organisation for carrying out the surveys. Relevant documentation should be attached regarding the infrastructure, facilities, resources and qualified staff (concise CV's of the staff the most involved in carrying out the survey(s)) at the applicant's disposal,

| — | duly completed standard form(s) providing a detailed description of the survey methodology: sampling method, sampling error, targeted sample size, coverage rate, targeted response rate, etc., |
| --- | --- |

—

duly completed standard form(s) providing a detailed description of the survey methodology: sampling method, sampling error, targeted sample size, coverage rate, targeted response rate, etc.,

| — | a duly completed standard form regarding subcontractors involved in the action, including a detailed description of the tasks to be subcontracted. |
| --- | --- |

—

a duly completed standard form regarding subcontractors involved in the action, including a detailed description of the tasks to be subcontracted.

8.2.3.   Financial proposal

The financial proposal must include:

| — | a duly completed and detailed standard budget statement (in euro), covering a period of 12 months, for each survey, containing a financing plan for the action and a detailed breakdown of the total and unit eligible costs for conducting the survey, including subcontracting costs, |
| --- | --- |

—

a duly completed and detailed standard budget statement (in euro), covering a period of 12 months, for each survey, containing a financing plan for the action and a detailed breakdown of the total and unit eligible costs for conducting the survey, including subcontracting costs,

| — | a certificate of non-liability for VAT, if applicable, |
| --- | --- |

—

a certificate of non-liability for VAT, if applicable,

| — | a document certifying the financial contribution from other organisations (co-financing), if applicable. |
| --- | --- |

—

a document certifying the financial contribution from other organisations (co-financing), if applicable.

8.3.   Address and closing date for submission of proposals

Applicants interested in these grants are invited to submit their applications to the European Commission.

Applications may be submitted:

| (a) | either by registered post or private delivery service postmarked no later than 20 February 2009. The evidence of the date of dispatch shall be constituted by the postmark or the date of the deposit slip of the delivery service at the following address:
  By registered post:





  European Commission |
| --- | --- |
| Directorate-General for Economic and Financial Affairs |
| For the attention of Mr Johan VERHAEVEN |
| Call for proposals ref. ECFIN/2008/A3-042 |
| Unit R2, Office BU24-4/4/11 |
| B-1049 Brussels |

(a)

either by registered post or private delivery service postmarked no later than 20 February 2009. The evidence of the date of dispatch shall be constituted by the postmark or the date of the deposit slip of the delivery service at the following address:

European Commission

Directorate-General for Economic and Financial Affairs

For the attention of Mr Johan VERHAEVEN

Call for proposals ref. ECFIN/2008/A3-042

Unit R2, Office BU24-4/4/11

B-1049 Brussels

| European Commission |
| --- |
| Directorate-General for Economic and Financial Affairs |
| For the attention of Mr Johan VERHAEVEN |
| Call for proposals ref. ECFIN/2008/A3-042 |
| Unit R2, Office BU24-4/11 |
| Avenue du Bourget, 1-3 |
| B-1140 Brussels (Evere); |

European Commission

Directorate-General for Economic and Financial Affairs

For the attention of Mr Johan VERHAEVEN

Call for proposals ref. ECFIN/2008/A3-042

Unit R2, Office BU24-4/11

Avenue du Bourget, 1-3

B-1140 Brussels (Evere);

| (b) | or by delivery to the central mail service of the European Commission (personal delivery or delivery by any authorised representative of the applicant, including private delivery services) at the following address:





  European Commission |
| --- | --- |
| Directorate-General for Economic and Financial Affairs |
| For the attention of Mr Johan VERHAEVEN |
| Call for proposals ref. ECFIN/2008/A3-042 |
| Unit R2, Office BU24-4/11 |
| Avenue du Bourget, 1-3 |
| B-1140 Brussels (Evere) |

(b)

or by delivery to the central mail service of the European Commission (personal delivery or delivery by any authorised representative of the applicant, including private delivery services) at the following address:

European Commission

Directorate-General for Economic and Financial Affairs

For the attention of Mr Johan VERHAEVEN

Call for proposals ref. ECFIN/2008/A3-042

Unit R2, Office BU24-4/11

Avenue du Bourget, 1-3

B-1140 Brussels (Evere)

no later than 20 February 2009 by 16.00 (Brussels time). In this case, proof of submission will be by means of a dated and signed receipt issued by the receiving official in the above mentioned department.

9.   WHAT HAPPENS TO THE APPLICATIONS RECEIVED?

All applications will be checked to assess whether they meet the formal criteria of eligibility.

Proposals considered eligible will be evaluated according to the award criteria specified above.

The process of selecting the proposals will take place during February/March 2009. A selection committee is to be set up for this purpose under the authority of the Director-General for Economic and Financial Affairs. It will be made up of at least three persons representing at least two different specialised units with no hierarchical link between them and will have its own secretariat responsible for handling communication with the successful candidate following the selection procedure. Unsuccessful candidates will also be notified individually.

10.   IMPORTANT

This call for proposals does not constitute any sort of contractual obligation on the part of the Commission towards any body/institute submitting a proposal on the basis of it. All communication regarding this call for proposals must be in writing.

Applicants should take note of the contractual provisions which will be obligatory in the event of award.

For the purposes of safeguarding the financial interest of the Communities, your personal data may be transferred to internal audit services, to the European Court of Auditors, to the Financial Irregularities Panel and/or to the European Anti-Fraud Office (OLAF).

Data of economic operators which are in one of the situations referred to in Articles 93, 94, 96(1)(b) and 96(2)(a) of the Financial Regulation may be included in a central database and communicated to the designated persons of the Commission, other institutions, agencies, authorities and bodies mentioned in Article 95(1) and (2) of the Financial Regulation. This refers as well to the persons with powers of representation, decision making or control over the said economic operators. Any party entered into the database has the right to be informed of the data concerning it, up on request to the accounting officer of the Commission.

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(1)  In compliance with Articles 93 and 94 of the Financial Regulation applicable to the general budget of the European Communities.

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| 24.1.2009 | EN | Official Journal of the European Union | C 18/31 |
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Official Journal of the European Union

C 18/31

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CALL FOR PROPOSALS — DG EAC/01/09

TEMPUS IV — REFORM OF HIGHER EDUCATION THROUGH INTERNATIONAL UNIVERSITY COOPERATION

(2009/C 18/10)

1.   OBJECTIVES AND DESCRIPTION

The Tempus programme is continued in a fourth phase spanning the period 2007-2013.

The overall objective of the programme will be to contribute towards facilitating cooperation in the field of higher education among Member States of the European Union (EU) and partner countries in the surrounding area. In particular, the programme will help promote voluntary convergence with EU developments in the field of higher education deriving from the Lisbon agenda and the Bologna process.

Tempus promotes multilateral cooperation among higher education institutions, authorities and organisations from EU Member States and partner countries and focuses on the reform and modernisation of higher education.

National projects must adhere to national priorities which are established in close dialogue between European Commission Delegations and the relevant authorities in the partner countries. Multi-country projects must comply with either the regional priorities which have been defined along the lines of the EU's modernisation agenda in the higher education area and as identified in the Commission's strategic documents concerning the neighbouring countries, Central Asia and those for pre-accession to the EU.

The two principal instruments for cooperation through this Tempus call for proposals are:

| — | Joint Projects: projects with a ‘bottom-up’ approach aiming at modernisation and reform at institutional (university) level. Joint Projects aim at modernising university curricula and governance through a transfer of knowledge between universities, organisations and institutions from the EU and from the partner countries as well as between partner country entities as appropriate, |
| --- | --- |

—

Joint Projects: projects with a ‘bottom-up’ approach aiming at modernisation and reform at institutional (university) level. Joint Projects aim at modernising university curricula and governance through a transfer of knowledge between universities, organisations and institutions from the EU and from the partner countries as well as between partner country entities as appropriate,

| — | Structural Measures: projects which seek to contribute to the development and reform of higher education systems in partner countries, as well as to enhance their quality and relevance, and to increase their convergence with EU developments. Structural Measures will concern interventions designed to support structural reform of higher education systems and strategic framework development at national level. |
| --- | --- |

—

Structural Measures: projects which seek to contribute to the development and reform of higher education systems in partner countries, as well as to enhance their quality and relevance, and to increase their convergence with EU developments. Structural Measures will concern interventions designed to support structural reform of higher education systems and strategic framework development at national level.

2.   ELIGIBLE APPLICANTS

Institutions and organisations which may participate in the Tempus Programme range from higher education institutions and organisations through to non-academic institutions and organisations such as non-governmental organisations, companies, industries and public authorities.

These institutions and organisations have to be based in the following four groups of eligible countries:

| — | 27 Member States of the European Union, |
| --- | --- |

—

27 Member States of the European Union,

| — | 6 countries of the Western Balkan region: Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia, as well as Kosovo under UNSC Resolution 1244/99, |
| --- | --- |

—

6 countries of the Western Balkan region: Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia, as well as Kosovo under UNSC Resolution 1244/99,

| — | 15 countries in the Southern and Eastern neighbouring area of the European Union: Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, the occupied Palestinian territory, Syria, Tunisia, Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine, |
| --- | --- |

—

15 countries in the Southern and Eastern neighbouring area of the European Union: Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, the occupied Palestinian territory, Syria, Tunisia, Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine,

| — | the Russian Federation, |
| --- | --- |

—

the Russian Federation,

| — | 5 Central Asian Republics: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. |
| --- | --- |

—

5 Central Asian Republics: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.

3.   BUDGET AND PROJECT DURATION

The total budget earmarked for the co-financing of projects amounts to EUR 53 million.

The financial contribution from the Commission cannot exceed 90 % of the total eligible direct costs.

The minimum grant size for both Joint Projects and Structural Measures will be EUR 500 000. The maximum grant size will amount to EUR 1 500 000. In the case of Kosovo
   (1), Montenegro and the five Central Asian countries, the minimum grant size for national projects (both types) is set at EUR 300 000.

The maximum duration of projects is 36 months.

4.   DEADLINE

Applications for Joint Projects and for Structural Measures must be sent no later than 28 April 2009 at 16.00 Central European Summer Time.

5.   FURTHER INFORMATION

The full text of the call for proposals and the application forms are available on the following website: http://ec.europa.eu/tempus

Applications must comply with the requirements set out in the full text and be submitted using the forms provided on the website.

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(1)  Under UNSCR 1244/99.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 24.1.2009 | EN | Official Journal of the European Union | C 18/33 |
| --- | --- | --- | --- |

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EN

Official Journal of the European Union

C 18/33

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Prior notification of a concentration

(Case COMP/M.5313 — Serendipity Investment/Eurosport/JV)

Candidate case for a simplified procedure

(Text with EEA relevance)

(2009/C 18/11)

| 1. | On 16 January 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Serendipity Investment SAS (‘Serendipity Investment’, France), which is jointly controlled by the Bouygues Group and the Financière Pinault Group, and the undertaking Eurosport SA (‘Eurosport’, France), which is controlled by the Bouygues Group, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking SPS (‘SPS’, France) by way of purchase of shares. |
| --- | --- |

1.

On 16 January 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Serendipity Investment SAS (‘Serendipity Investment’, France), which is jointly controlled by the Bouygues Group and the Financière Pinault Group, and the undertaking Eurosport SA (‘Eurosport’, France), which is controlled by the Bouygues Group, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking SPS (‘SPS’, France) by way of purchase of shares.

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






  — | for Serendipity Investment: a capital investment company investing in medium-sized undertakings and providing advice and services in corporate mergers and acquisitions, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Serendipity Investment: a capital investment company investing in medium-sized undertakings and providing advice and services in corporate mergers and acquisitions,

| — | for Eurosport: broadcasts several TV sports channels, co-manages or publishes websites dedicated to sports news and holds shares in companies specialized in the production and management of sports competitions. |
| --- | --- |

—

for Eurosport: broadcasts several TV sports channels, co-manages or publishes websites dedicated to sports news and holds shares in companies specialized in the production and management of sports competitions.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5313 — Serendipity Investment/Eurosport/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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.5313 — Serendipity Investment/Eurosport/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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

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

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| 24.1.2009 | EN | Official Journal of the European Union | C 18/34 |
| --- | --- | --- | --- |

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EN

Official Journal of the European Union

C 18/34

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Prior notification of a concentration

(Case COMP/M.5463 — Hitachi/Hitachi Koki)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 18/12)

| 1. | On 14 January 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hitachi, Ltd. (Japan, part of the Hitachi Group) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part of Hitachi Koki Co., Ltd. (Japan) by way of public bid announced on 14 January 2009. |
| --- | --- |

1.

On 14 January 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hitachi, Ltd. (Japan, part of the Hitachi Group) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part of Hitachi Koki Co., Ltd. (Japan) by way of public bid announced on 14 January 2009.

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






  — | for Hitachi: information and telecommunications systems, electronic devices, power and industrial systems, digital media and consumer products, high functional material and components, logistics, services and others, financial services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Hitachi: information and telecommunications systems, electronic devices, power and industrial systems, digital media and consumer products, high functional material and components, logistics, services and others, financial services,

| — | for Hitachi Koki: manufacture of power-driven tools and manufacture of life science instruments. |
| --- | --- |

—

for Hitachi Koki: manufacture of power-driven tools and manufacture of life science instruments.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5463 — Hitachi/Hitachi Koki, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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.5463 — Hitachi/Hitachi Koki, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

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

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24.1.2009

| 24.1.2009 | EN | Official Journal of the European Union | C 18/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 18/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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