# Official Journal C 270/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.270.eng |
| --- | --- |
| Official Journal
  of the European Union | C 270 |
| | |
| English edition | Information and Notices | Volume 5211 November 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.270.eng

Official Journal

of the European Union

C 270

English edition

Information and Notices

Volume 5211 November 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Central Bank |
| 2009/C 270/01 | Opinion of the European Central Bank of 26 October 2009 on a proposal for a regulation of the European Parliament and of the Council on Community macro-prudential oversight of the financial system and establishing a European Systemic Risk Board and a proposal for a Council decision entrusting the European Central Bank with specific tasks concerning the functioning of the European Systemic Risk Board (CON/2009/88) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Central Bank

2009/C 270/01

Opinion of the European Central Bank of 26 October 2009 on a proposal for a regulation of the European Parliament and of the Council on Community macro-prudential oversight of the financial system and establishing a European Systemic Risk Board and a proposal for a Council decision entrusting the European Central Bank with specific tasks concerning the functioning of the European Systemic Risk Board (CON/2009/88)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 270/02 | Non-opposition to a notified concentration (Case COMP/M.5589 — SONY/SEIKO EPSON) (
  1
  ) | 9 |
| 2009/C 270/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 10 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 270/02

Non-opposition to a notified concentration (Case COMP/M.5589 — SONY/SEIKO EPSON) (
  1
  )

1

9

2009/C 270/03

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

1

10

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2009/C 270/04 | List of appointments made by the Council — September/October 2009 (social field) | 14 |
| | Commission |
| 2009/C 270/05 | Euro exchange rates | 17 |
| | European Union Civil Service Tribunal |
| 2009/C 270/06 | Composition of the Chambers and attachment of the Judges to Chambers | 18 |
| 2009/C 270/07 | Criteria for the assignment of cases to chambers | 19 |
| 2009/C 270/08 | Designation of the judge to replace the President of the Tribunal for the purpose of dealing with applications for interim measures | 20 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2009/C 270/04

List of appointments made by the Council — September/October 2009 (social field)

14

Commission

2009/C 270/05

Euro exchange rates

17

European Union Civil Service Tribunal

2009/C 270/06

Composition of the Chambers and attachment of the Judges to Chambers

18

2009/C 270/07

Criteria for the assignment of cases to chambers

19

2009/C 270/08

Designation of the judge to replace the President of the Tribunal for the purpose of dealing with applications for interim measures

20

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2009/C 270/09 | Media 2007 — Development, distribution, promotion and training — Call for Proposals — EACEA/17/09 — i2i audiovisual | 21 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 270/10 | Notice of initiation of an expiry review and a partial interim review of the anti-dumping measures applicable to imports of okoumé plywood originating in the People's Republic of China | 24 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 270/11 | Withdrawal of notification of a concentration (Case COMP/M.5654 — Brookfield/BBI) (
  1
  ) | 30 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2009/C 270/09

Media 2007 — Development, distribution, promotion and training — Call for Proposals — EACEA/17/09 — i2i audiovisual

21

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 270/10

Notice of initiation of an expiry review and a partial interim review of the anti-dumping measures applicable to imports of okoumé plywood originating in the People's Republic of China

24

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 270/11

Withdrawal of notification of a concentration (Case COMP/M.5654 — Brookfield/BBI) (
  1
  )

1

30

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

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(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

OPINIONS

European Central Bank

| 11.11.2009 | EN | Official Journal of the European Union | C 270/1 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/1

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OPINION OF THE EUROPEAN CENTRAL BANK

of 26 October 2009

on a proposal for a regulation of the European Parliament and of the Council on Community macro-prudential oversight of the financial system and establishing a European Systemic Risk Board and a proposal for a Council decision entrusting the European Central Bank with specific tasks concerning the functioning of the European Systemic Risk Board

(CON/2009/88)

2009/C 270/01

Introduction and legal basis

On 6 October 2009 the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on: (i) a proposal for a regulation of the European Parliament and of the Council on Community macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1) (hereinafter the proposed regulation); and (ii) a proposal for a Council decision entrusting the European Central Bank with specific tasks concerning the functioning of the European Systemic Risk Board (2) (hereinafter the proposed decision).

The ECB’s competence to deliver an opinion on the proposed regulation is based on Article 105(4) of the Treaty establishing the European Community since the proposed regulation contains provisions affecting the European System of Central Banks’ (ESCB) contribution to the smooth conduct of policies relating to the prudential supervision of credit institutions and the stability of the financial system, as referred to in Article 105(5) of the Treaty. As regards the proposed decision, the ECB’s competence to deliver an opinion is based on Article 105(6) of the Treaty. Since both texts relate to the establishment, organisation and functioning of the European Systemic Risk Board (ESRB), and despite the distinct legislative procedures applying to these texts, the ECB has, for the sake of simplicity, adopted a single opinion on the two proposals.

The observations contained in this opinion are without prejudice to the future ECB opinion on the three draft proposals for Regulations of the European Parliament and of the Council establishing a European Banking Authority, a European Insurance and Occupational Pensions Authority and a European Securities and Markets Authority (3), which form part of the legislative package adopted by the Commission on 23 September 2009 reforming European financial supervision.

In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

General observations

| 1. | The ECB broadly supports the regulation and decision proposed by the Commission, which are aimed at establishing a new body responsible for the conduct of macro-prudential oversight in the EU, namely the ESRB. In the ECB’s view, the recent financial crisis has demonstrated the need to strengthen the macro-prudential approach to regulation and supervision of the financial system as a whole. It has also demonstrated the need to assess the various sources of systemic risk and their consequences for the financial system in a comprehensive and timely manner. The ESRB, by identifying and assessing systemic risks, by issuing early warnings and recommendations where such risks are significant and by monitoring the follow-up, can significantly contribute to the stability of the EU financial system as a whole. |
| --- | --- |

1.

The ECB broadly supports the regulation and decision proposed by the Commission, which are aimed at establishing a new body responsible for the conduct of macro-prudential oversight in the EU, namely the ESRB. In the ECB’s view, the recent financial crisis has demonstrated the need to strengthen the macro-prudential approach to regulation and supervision of the financial system as a whole. It has also demonstrated the need to assess the various sources of systemic risk and their consequences for the financial system in a comprehensive and timely manner. The ESRB, by identifying and assessing systemic risks, by issuing early warnings and recommendations where such risks are significant and by monitoring the follow-up, can significantly contribute to the stability of the EU financial system as a whole.

| 2. | The Ecofin Council on 9 June 2009 concluded that the ‘ECB should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors’. This followed the recommendations of the report by the High-Level Group on Financial Supervision in the EU chaired by Jacques de Larosière of 25 February 2009 and the Communication from the Commission of 27 May 2009, which suggests that the ECB should ensure the Secretariat of the ESRB. On 18 and 19 June, the European Council noted that the Communication and the Ecofin conclusions set the way forward for the establishment of a new framework for macro- and micro-prudential supervision and supported the creation of the ESRB. |
| --- | --- |

2.

The Ecofin Council on 9 June 2009 concluded that the ‘ECB should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors’. This followed the recommendations of the report by the High-Level Group on Financial Supervision in the EU chaired by Jacques de Larosière of 25 February 2009 and the Communication from the Commission of 27 May 2009, which suggests that the ECB should ensure the Secretariat of the ESRB. On 18 and 19 June, the European Council noted that the Communication and the Ecofin conclusions set the way forward for the establishment of a new framework for macro- and micro-prudential supervision and supported the creation of the ESRB.

| 3. | The ECB has decided that it stands ready to ensure the Secretariat of the ESRB and to support the ESRB and suggests referring to this in a recital of the proposed regulation. The ECB is prepared to bring to the benefit of the ESRB, with the participation of all the members of the ECB’s General Council, the macroeconomic, financial and monetary expertise of all EU central banks. This contribution will be underpinned by the activities of the ECB and ESCB in the areas of financial stability monitoring, macroeconomic analysis, collection of statistical information, and by the overall synergies in terms of expertise, resources and infrastructure in the context of existing central banking activities in the EU. |
| --- | --- |

3.

The ECB has decided that it stands ready to ensure the Secretariat of the ESRB and to support the ESRB and suggests referring to this in a recital of the proposed regulation. The ECB is prepared to bring to the benefit of the ESRB, with the participation of all the members of the ECB’s General Council, the macroeconomic, financial and monetary expertise of all EU central banks. This contribution will be underpinned by the activities of the ECB and ESCB in the areas of financial stability monitoring, macroeconomic analysis, collection of statistical information, and by the overall synergies in terms of expertise, resources and infrastructure in the context of existing central banking activities in the EU.

| 4. | The involvement of the ECB and ESCB in the ESRB will not alter the primary objective of the ESCB under Article 105(1) of the Treaty, which is to maintain price stability. In this respect, the ECB notes that its supporting activities for the ESRB will neither affect the ECB’s institutional, functional and financial independence nor the the ESCB’s performance of its tasks under the Treaty and the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the Statute of the ESCB), in particular its financial stability and oversight tasks (4). |
| --- | --- |

4.

The involvement of the ECB and ESCB in the ESRB will not alter the primary objective of the ESCB under Article 105(1) of the Treaty, which is to maintain price stability. In this respect, the ECB notes that its supporting activities for the ESRB will neither affect the ECB’s institutional, functional and financial independence nor the the ESCB’s performance of its tasks under the Treaty and the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the Statute of the ESCB), in particular its financial stability and oversight tasks (4).

| 5. | In the area of statistics, the ECB is prepared to provide the necessary information to the ESRB relating to the macroeconomic and macro-financial environment and has the necessary expertise to do so. This includes in particular information on market conditions and market infrastructures. Micro-prudential information will be provided by the three new European supervisory authorities. |
| --- | --- |

5.

In the area of statistics, the ECB is prepared to provide the necessary information to the ESRB relating to the macroeconomic and macro-financial environment and has the necessary expertise to do so. This includes in particular information on market conditions and market infrastructures. Micro-prudential information will be provided by the three new European supervisory authorities.

Specific observations

| 6. | Regarding the procedure for the issuance and follow-up of risk warnings and recommendations, the ECB fully supports the proposed regulation (5), which provides that the ESRB risk warnings and recommendations will be directly transmitted to the respective addressees, with parallel transmission to the Ecofin Council. Changes to these provisions that would lead to an ‘indirect route’ for the transmission of risk warnings and recommendations would undermine the effectiveness and timeliness of the recommendations as well as the independence and credibility of the ESRB. Moreover, it is important that the procedures relating to the communication of the ESRB with other EU institutions and committees will not hinder the effective and timely fulfilment of the ESRB’s tasks. |
| --- | --- |

6.

Regarding the procedure for the issuance and follow-up of risk warnings and recommendations, the ECB fully supports the proposed regulation (5), which provides that the ESRB risk warnings and recommendations will be directly transmitted to the respective addressees, with parallel transmission to the Ecofin Council. Changes to these provisions that would lead to an ‘indirect route’ for the transmission of risk warnings and recommendations would undermine the effectiveness and timeliness of the recommendations as well as the independence and credibility of the ESRB. Moreover, it is important that the procedures relating to the communication of the ESRB with other EU institutions and committees will not hinder the effective and timely fulfilment of the ESRB’s tasks.

| 7. | Regarding the organisational aspects of the ESRB, the ECB considers it particularly important that the composition of the ESRB’s Steering Committee adequately reflects that of the ESRB’s General Board. On the latter, 29 voting members will be central bankers, while the four other voting members will be a member of the Commission and the chairs of the three new European supervisory authorities. It is essential that the composition of the Steering Committee reflects that of the General Board in order to ensure that the Committee is representative of the Board, whose meetings it is meant to prepare. Therefore, the inclusion of five central bank members (in addition to the chair and vice-chair of the ESRB) alongside the above four other voting members is a minimum threshold to ensure such an appropriate balance together with sufficient representation of the euro area and non-euro area national central banks. Accordingly, the ECB strongly supports the Commission’s proposal that seven of the Steering Committee members will be drawn from the ECB’s General Council (6). However, as the composition of the euro area will change with time, it would not be advisable to lay down in a legal act a specific, immutable allocation of seats between euro area and non-euro area central banks. Lastly, the ECB supports the Commission’s approach under which only the chair of the ESRB gives directions to the head of the secretariat (7). |
| --- | --- |

7.

Regarding the organisational aspects of the ESRB, the ECB considers it particularly important that the composition of the ESRB’s Steering Committee adequately reflects that of the ESRB’s General Board. On the latter, 29 voting members will be central bankers, while the four other voting members will be a member of the Commission and the chairs of the three new European supervisory authorities. It is essential that the composition of the Steering Committee reflects that of the General Board in order to ensure that the Committee is representative of the Board, whose meetings it is meant to prepare. Therefore, the inclusion of five central bank members (in addition to the chair and vice-chair of the ESRB) alongside the above four other voting members is a minimum threshold to ensure such an appropriate balance together with sufficient representation of the euro area and non-euro area national central banks. Accordingly, the ECB strongly supports the Commission’s proposal that seven of the Steering Committee members will be drawn from the ECB’s General Council (6). However, as the composition of the euro area will change with time, it would not be advisable to lay down in a legal act a specific, immutable allocation of seats between euro area and non-euro area central banks. Lastly, the ECB supports the Commission’s approach under which only the chair of the ESRB gives directions to the head of the secretariat (7).

| 8. | The chair and the vice-chair of the ESRB’s General Board should be elected on the basis of the same procedures and by the same group of voting members, as the vice-chair should be fully able to deputise for the chair, if necessary. Consequently, the vice-chair should also be elected, as stated in the Commission’s proposal, by and from the members of the General Board who are also members of the General Council of the ECB. Different procedures for the election of the chair and vice-chair would add undue complications and could give the unwarranted impression that they represent different groups within the ESRB. |
| --- | --- |

8.

The chair and the vice-chair of the ESRB’s General Board should be elected on the basis of the same procedures and by the same group of voting members, as the vice-chair should be fully able to deputise for the chair, if necessary. Consequently, the vice-chair should also be elected, as stated in the Commission’s proposal, by and from the members of the General Board who are also members of the General Council of the ECB. Different procedures for the election of the chair and vice-chair would add undue complications and could give the unwarranted impression that they represent different groups within the ESRB.

| 9. | Regarding the composition of the ESRB’s General Board, the ECB supports the Commission’s proposal that the president and vice-president of the ECB be voting members of the ESRB’s General Board. This is in line with the principle that the ECB’s General Council provides the basis for the voting members of the General Board (8). Moreover, the inclusion of the vice-president of the ECB would be in line with the European Council Presidency Conclusions of 18 and 19 June 2009 according to which the vice-president could vote in the election of the chair of the ESRB as a member of the General Council of the ECB. Indeed, if he were not a member of the ESRB’s General Board, the vice-president would be prevented from voting in this election. |
| --- | --- |

9.

Regarding the composition of the ESRB’s General Board, the ECB supports the Commission’s proposal that the president and vice-president of the ECB be voting members of the ESRB’s General Board. This is in line with the principle that the ECB’s General Council provides the basis for the voting members of the General Board (8). Moreover, the inclusion of the vice-president of the ECB would be in line with the European Council Presidency Conclusions of 18 and 19 June 2009 according to which the vice-president could vote in the election of the chair of the ESRB as a member of the General Council of the ECB. Indeed, if he were not a member of the ESRB’s General Board, the vice-president would be prevented from voting in this election.

| 10. | The ESRB is a Community body, whose tasks concern the EU financial system and include making recommendations and taking appropriate actions in order to address systemic risks and safeguard the system’s stability and whose members are drawn from all EU Member States. However, in view of the systemic importance of certain European non-EU countries for the EU financial system, it may be considered appropriate to invite representatives from these countries to attend some of the ESRB’s meetings and/or the technical committees as observers when relevant issues are being discussed. |
| --- | --- |

10.

The ESRB is a Community body, whose tasks concern the EU financial system and include making recommendations and taking appropriate actions in order to address systemic risks and safeguard the system’s stability and whose members are drawn from all EU Member States. However, in view of the systemic importance of certain European non-EU countries for the EU financial system, it may be considered appropriate to invite representatives from these countries to attend some of the ESRB’s meetings and/or the technical committees as observers when relevant issues are being discussed.

The ECB recommends that the following articles of the proposed regulation and of the proposed decision be amended. Specific drafting proposals are provided and explained in the Annex.

Done at Frankfurt am Main, 26 October 2009.

The President of the ECB

Jean-Claude TRICHET

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(1)  COM(2009) 499 final.

1

(2)  COM(2009) 500 final.

2

(3)  COM(2009) 501 final, COM(2009) 502 final and COM(2009) 503 final.

3

(4)  Article 105(2) fourth indent and Articles 105(4) and (5) of the Treaty, and Article 3.1 fourth indent, Article 3.3, Articles 4 and 22, and Article 25.1 of the Statute of the ESCB.

4

(5)  Articles 16, 17 and 18 of the proposed regulation.

5

(6)  Article 11(1) of the proposed regulation.

6

(7)  Article 4(1) of the proposed decision. The chair of the ESRB chairs both the General Board and the Steering Committee.

7

(8)  The ECB’s General Council comprises the ECB President, Vice-President and the Governors of the EU national central banks.

8

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ANNEX

Drafting proposals

| Text proposed by the Commission | Amendments proposed by the ECB (1) |
| --- | --- |
| Amendment 1 |
| Recital 5 of the proposed regulation |
| Recital 5

  ‘In its Communication entitled “European Financial Supervision” [...] In line with the views of the Commission, it concluded, inter alia, that the ECB “should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national Central Banks and supervisors”.’ | Recital 5

  ‘In its Communication entitled “European Financial Supervision” [...] In line with the views of the Commission, it concluded, inter alia, that the ECB “should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national C
  central B
  banks and supervisors”. The ECB has decided that it stands ready to ensure the Secretariat of the ESRB and to support the ESRB. The support provided to the ESRB by the ECB as well as the tasks conferred upon the ESRB must be without prejudice to the principle of the independence of the ECB in the performance of its tasks pursuant to the Treaty.’ |
| Explanation:


  The ECB’s Governing Council has decided that the ECB stands ready to ensure the Secretariat of the ESRB and to support the ESRB and considers it appropriate to mention this in recital 5 of the proposed regulation.


  The last sentence of recital 5 of the proposed regulation clarifies that the ECB’s performance of its tasks will not be hampered by its support of the ESRB, nor by the tasks of the ESRB itself since, unlike the ESRB, the ECB is established by the Treaty. This is particularly important in view of the principle of central bank independence. |
| Amendment 2 |
| Article 3(1) of the proposed regulation |
| Article 3

  ‘1.   The ESRB shall be responsible for the macro-prudential oversight of the financial system within the Community in order to prevent or mitigate systemic risks within the financial system, so as to avoid episodes of widespread financial distress, contribute to a smooth functioning of the Internal Market and ensure a sustainable contribution of the financial sector to economic growth.’ | Article 3

  ‘1.   The ESRB shall be responsible for the macro-prudential oversight of the financial system within the Community in order to prevent or mitigate systemic risks within the financial system, so as to avoid episodes of widespread financial distress, and contribute to a the smooth functioning of the Internal Market.
  and ensure a sustainable contribution of the financial sector to economic growth
  .’ |
| Explanation:


  The ECB is of the view that ensuring a sustainable contribution to economic growth is not the motivation behind macro-prudential oversight. Therefore, the reference to this notion should be withdrawn from the above article. |
| Amendment 3 |
| Article 4(1) of the proposed regulation |
| Article 4

  ‘1.   The ESRB shall have a General Board, a Steering Committee and a Secretariat.’ | Article 4

  ‘1.   The ESRB shall have a General Board, a Steering Committee, and a Secretariat and an Advisory Technical Committee.’ |
| Explanation:


  The proposed regulation and decision need to put in place the key institutional aspects of the ESRB, including the Advisory Technical Committee (ATC). Both the proposed regulation and the proposed decision point out the leading role of the ECB and of national central banks in macro-prudential oversight
   (2). This article of the proposed regulation should be amended to clarify that the ATC is part of the organisational structure of the ESRB (see also below Amendments 5 and 7). |
| Amendment 4 |
| Article 4(4) of the proposed regulation |
| Article 4

  ‘4.   The Secretariat shall provide analytical, statistical, administrative and logistical support to the ESRB under the direction of the Chair of the General Board in accordance with Council Decision XXXX/EC/2009.’ | Article 4

  ‘4.   I
  in accordance with Council Decision XXXX/EC/2009 entrusting the ECB with specific tasks concerning the functioning of the ESRB, T
  the Secretariat will be ensured by the ECB, which will
  shall provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors
  under the direction of the Chair of the General Board.’ |
| Explanation:


  The amendment is necessary to bring the proposed regulation in line with the Ecofin Council conclusions of 9 June 2009 and the proposed decision. Without it, the role of the ECB in supporting the ESRB would be omitted from the text of the proposed regulation. This would not be in line with past declarations and decisions, including in particular:







  — | the de Larosière report that stated ‘within the EU, the ECB, as the heart of the ESCB, is uniquely placed for performing this task, i.e. identifying macro prudential risks’; |

Text proposed by the Commission

Amendments proposed by the ECB (1)

Amendment 1

Recital 5 of the proposed regulation

Recital 5

‘In its Communication entitled “European Financial Supervision” [...] In line with the views of the Commission, it concluded, inter alia, that the ECB “should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national Central Banks and supervisors”.’

Recital 5

‘In its Communication entitled “European Financial Supervision” [...] In line with the views of the Commission, it concluded, inter alia, that the ECB “should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national C
  central B
  banks and supervisors”. The ECB has decided that it stands ready to ensure the Secretariat of the ESRB and to support the ESRB. The support provided to the ESRB by the ECB as well as the tasks conferred upon the ESRB must be without prejudice to the principle of the independence of the ECB in the performance of its tasks pursuant to the Treaty.’

Explanation:

Explanation:

The ECB’s Governing Council has decided that the ECB stands ready to ensure the Secretariat of the ESRB and to support the ESRB and considers it appropriate to mention this in recital 5 of the proposed regulation.

The ECB’s Governing Council has decided that the ECB stands ready to ensure the Secretariat of the ESRB and to support the ESRB and considers it appropriate to mention this in recital 5 of the proposed regulation.

The last sentence of recital 5 of the proposed regulation clarifies that the ECB’s performance of its tasks will not be hampered by its support of the ESRB, nor by the tasks of the ESRB itself since, unlike the ESRB, the ECB is established by the Treaty. This is particularly important in view of the principle of central bank independence.

The last sentence of recital 5 of the proposed regulation clarifies that the ECB’s performance of its tasks will not be hampered by its support of the ESRB, nor by the tasks of the ESRB itself since, unlike the ESRB, the ECB is established by the Treaty. This is particularly important in view of the principle of central bank independence.

Amendment 2

Amendment 2

Article 3(1) of the proposed regulation

Article 3

‘1.   The ESRB shall be responsible for the macro-prudential oversight of the financial system within the Community in order to prevent or mitigate systemic risks within the financial system, so as to avoid episodes of widespread financial distress, contribute to a smooth functioning of the Internal Market and ensure a sustainable contribution of the financial sector to economic growth.’

Article 3

‘1.   The ESRB shall be responsible for the macro-prudential oversight of the financial system within the Community in order to prevent or mitigate systemic risks within the financial system, so as to avoid episodes of widespread financial distress, and contribute to a the smooth functioning of the Internal Market.
  and ensure a sustainable contribution of the financial sector to economic growth
  .’

Explanation:

Explanation:

The ECB is of the view that ensuring a sustainable contribution to economic growth is not the motivation behind macro-prudential oversight. Therefore, the reference to this notion should be withdrawn from the above article.

The ECB is of the view that ensuring a sustainable contribution to economic growth is not the motivation behind macro-prudential oversight. Therefore, the reference to this notion should be withdrawn from the above article.

Amendment 3

Amendment 3

Article 4(1) of the proposed regulation

Article 4

‘1.   The ESRB shall have a General Board, a Steering Committee and a Secretariat.’

Article 4

‘1.   The ESRB shall have a General Board, a Steering Committee, and a Secretariat and an Advisory Technical Committee.’

Explanation:

Explanation:

The proposed regulation and decision need to put in place the key institutional aspects of the ESRB, including the Advisory Technical Committee (ATC). Both the proposed regulation and the proposed decision point out the leading role of the ECB and of national central banks in macro-prudential oversight
   (2). This article of the proposed regulation should be amended to clarify that the ATC is part of the organisational structure of the ESRB (see also below Amendments 5 and 7).

The proposed regulation and decision need to put in place the key institutional aspects of the ESRB, including the Advisory Technical Committee (ATC). Both the proposed regulation and the proposed decision point out the leading role of the ECB and of national central banks in macro-prudential oversight

2

This article of the proposed regulation should be amended to clarify that the ATC is part of the organisational structure of the ESRB (see also below Amendments 5 and 7).

Amendment 4

Amendment 4

Article 4(4) of the proposed regulation

Article 4

‘4.   The Secretariat shall provide analytical, statistical, administrative and logistical support to the ESRB under the direction of the Chair of the General Board in accordance with Council Decision XXXX/EC/2009.’

Article 4

‘4.   I
  in accordance with Council Decision XXXX/EC/2009 entrusting the ECB with specific tasks concerning the functioning of the ESRB, T
  the Secretariat will be ensured by the ECB, which will
  shall provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors
  under the direction of the Chair of the General Board.’

Explanation:

Explanation:

The amendment is necessary to bring the proposed regulation in line with the Ecofin Council conclusions of 9 June 2009 and the proposed decision. Without it, the role of the ECB in supporting the ESRB would be omitted from the text of the proposed regulation. This would not be in line with past declarations and decisions, including in particular:

The amendment is necessary to bring the proposed regulation in line with the Ecofin Council conclusions of 9 June 2009 and the proposed decision. Without it, the role of the ECB in supporting the ESRB would be omitted from the text of the proposed regulation. This would not be in line with past declarations and decisions, including in particular:

—

the de Larosière report that stated ‘within the EU, the ECB, as the heart of the ESCB, is uniquely placed for performing this task, i.e. identifying macro prudential risks’;

the de Larosière report that stated ‘within the EU, the ECB, as the heart of the ESCB, is uniquely placed for performing this task, i.e. identifying macro prudential risks’;

| — | the Commission Communication of 27 May 2009; |
| --- | --- |

—

the Commission Communication of 27 May 2009;

the Commission Communication of 27 May 2009;

| — | the Ecofin Council conclusions of 9 June 2009 stating that ‘the ECB should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors’; and |
| --- | --- |

—

the Ecofin Council conclusions of 9 June 2009 stating that ‘the ECB should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors’; and

the Ecofin Council conclusions of 9 June 2009 stating that ‘the ECB should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national central banks and supervisors’; and

| — | approval of the above conclusions by the European Council of 18 and 19 June 2009. |
| --- | --- |

—

approval of the above conclusions by the European Council of 18 and 19 June 2009.

approval of the above conclusions by the European Council of 18 and 19 June 2009.

Amendment 5

Amendment 5

Article 4(5) of the proposed regulation

Article 4

‘5.   The ESRB shall be supported by the Advisory Technical Committee referred to in Article 12, which shall provide advice and assistance on issues relevant to the work of the ESRB, where requested.’

Article 4

‘5.   The ESRB shall be supported by the Advisory Technical Committee referred to in Article 12, which shall provide advice and assistance on issues relevant to the work of the ESRB., where requested.’

Explanation:

Explanation:

This article of the proposed regulation should be amended to clarify that the ATC assists the ESRB on a permanent basis. The rules of procedure of the ESRB will include the provisions applicable to the advisory role of the ATC (see also Amendments 3 and 7 relating to the ATC).

This article of the proposed regulation should be amended to clarify that the ATC assists the ESRB on a permanent basis. The rules of procedure of the ESRB will include the provisions applicable to the advisory role of the ATC (see also Amendments 3 and 7 relating to the ATC).

Amendment 6

Amendment 6

Article 7 of the proposed regulation

‘Article 7

Impartiality

1.   When participating in the activities of the General Board and of the Steering Committee or when conducting any other activity relating to the ESRB, the Members of the ESRB shall perform their duties impartially and shall neither seek nor take instructions from Member States.

2.   Member States shall not seek to influence the members of the ESRB in the performance of their ESRB tasks.’

‘Article 7

Impartiality and independence

1.   When participating in the activities of the General Board and of the Steering Committee or when conducting any other activity relating to the ESRB, the Members of the ESRB shall perform their duties impartially and solely in the interest of the Community as a whole. They shall neither seek nor take instructions from Member States, Community institutions or any other public or private body.

2.   Member States, Community institutions or any other public or private body shall not seek to influence the members of the ESRB in the performance of their ESRB tasks.’

Explanation:

Explanation:

This article should be amended to ensure the independence of the members of the ESRB from interference by other Community bodies or any other body. This is without prejudice to the exercise by the ECB of the supporting tasks entrusted to the ECB for the benefit of the ESRB, and which cannot be qualified as instructions.

This article should be amended to ensure the independence of the members of the ESRB from interference by other Community bodies or any other body. This is without prejudice to the exercise by the ECB of the supporting tasks entrusted to the ECB for the benefit of the ESRB, and which cannot be qualified as instructions.

Amendment 7

Amendment 7

Article 12(3) of the proposed regulation

Article 12

‘3.   The Committee shall perform the tasks referred to in Article 4(5) at the request of the chair of the General Board.’

Article 12

‘3.   The Committee shall perform the tasks referred to in Article 4(5) at the request of the Chair of the General Board.’

Explanation:

Explanation:

The purpose of the amendment is to clarify that the ATC assists the ESRB on a permanent basis, not only when requested, in accordance with the ESRB rules of procedure (see also Amendments 3 and 5 relating to the ATC).

The purpose of the amendment is to clarify that the ATC assists the ESRB on a permanent basis, not only when requested, in accordance with the ESRB rules of procedure (see also Amendments 3 and 5 relating to the ATC).

Amendment 8

Amendment 8

Article 13 of the proposed regulation

‘Article 13

In performing its tasks, the ESRB shall seek, where appropriate, the advice of relevant private sector stakeholders.’

‘Article 13

In performing its tasks, the ESRB shall seek, where appropriate, the advice
  views of relevant private sector stakeholders.’

Explanation:

Explanation:

The proposed terminology better reflects the nature of the role of private sector stakeholders.

The proposed terminology better reflects the nature of the role of private sector stakeholders.

Amendment 9

Amendment 9

Recital 8 of the proposed decision

Recital 8

‘The Council concluded on 9 June 2009 that the ECB should provide analytical, statistical, administrative and logistical support to the ESRB. The option foreseen by the Treaty to confer specific tasks concerning policies relating to prudential supervision upon the ECB should therefore be exercised, by conferring on the ECB the task of ensuring the Secretariat to the ESRB.’

Recital 8

‘The Council concluded on 9 June 2009 that the ECB should provide analytical, statistical, administrative and logistical support to the ESRB. The option foreseen by the Treaty to confer specific tasks concerning policies relating to prudential supervision upon the ECB should therefore be exercised, by conferring on the ECB the task of ensuring the Secretariat to the ESRB. The support provided to the ESRB by the ECB as well as the tasks conferred upon the ESRB must be without prejudice to the principle of the independence of the ECB in the performance of its tasks pursuant to the Treaty.’

Explanation:

Explanation:

The amendment to the proposed recital clarifies that the ECB’s performance of its tasks will not be hampered by its support of the ESRB, nor by the tasks of the ESRB itself since, unlike the ESRB, the ECB is established by the Treaty. This is particularly important in view of the principle of independence.

The amendment to the proposed recital clarifies that the ECB’s performance of its tasks will not be hampered by its support of the ESRB, nor by the tasks of the ESRB itself since, unlike the ESRB, the ECB is established by the Treaty. This is particularly important in view of the principle of independence.

Amendment 10

Amendment 10

New recital 8a of the proposed decision

‘No current text’

Recital 8a

| ‘(8a) | The macro-prudential supervisory tasks of the ESRB aim at preventing or at least mitigating systemic risks within the financial system. While the ESRB is not in charge of supervising specific individual undertakings providing financial services, the oversight tasks of the ESRB and the support provided by the ECB are related to the financial system as a whole, with an emphasis on interlinkages across the various sectors of the financial system.’ |
| --- | --- |

‘(8a)

The macro-prudential supervisory tasks of the ESRB aim at preventing or at least mitigating systemic risks within the financial system. While the ESRB is not in charge of supervising specific individual undertakings providing financial services, the oversight tasks of the ESRB and the support provided by the ECB are related to the financial system as a whole, with an emphasis on interlinkages across the various sectors of the financial system.’

Explanation:

Explanation:

Taking into account the nature and objectives of the macro-prudential oversight functions attributed to the ESRB and of the support provided by the ECB to the ESRB, the new proposed recital clarifies, in the context of the application of Article 105(6) of the Treaty, that macro-prudential supervision covers the financial system as a whole.

Taking into account the nature and objectives of the macro-prudential oversight functions attributed to the ESRB and of the support provided by the ECB to the ESRB, the new proposed recital clarifies, in the context of the application of Article 105(6) of the Treaty, that macro-prudential supervision covers the financial system as a whole

Amendment 11

Amendment 11

Article 2 of the proposed decision

Article 2

‘The European Central Bank shall ensure the Secretariat and shall therefore provide analytical, statistical, logistical and administrative support to the ESRB.

[...]

| (b) | In accordance with Article 5 of this Decision, the collection and processing of information, including statistical information, on behalf and for the benefit of the fulfilment of the ESRB tasks;’ |
| --- | --- |

(b)

In accordance with Article 5 of this Decision, the collection and processing of information, including statistical information, on behalf and for the benefit of the fulfilment of the ESRB tasks;’

Article 2

‘The European Central Bank shall ensure the Secretariat and shall therefore provide analytical, statistical, logistical and administrative support to the ESRB.

[...]

| (b) | In accordance with Article 5 of the Statute of the European System of Central Banks and of the European Central Bank and Article 5 of this Decision, the collection and processing of information, including statistical information, on behalf and for the benefit of the fulfilment of the ESRB tasks;’ |
| --- | --- |

(b)

In accordance with Article 5 of the Statute of the European System of Central Banks and of the European Central Bank and Article 5 of this Decision, the collection and processing of information, including statistical information, on behalf and for the benefit of the fulfilment of the ESRB tasks;’

Explanation:

Explanation:

The deletion of the term ‘therefore’ brings the text in line with the Ecofin Council conclusions of 9 June 2009.

The deletion of the term ‘therefore’ brings the text in line with the Ecofin Council conclusions of 9 June 2009

Article 2(b) of the proposed decision relates to the statistical support that the ECB is called upon to provide to the ESRB. The amendment proposed will enable the Secretariat to obtain confidential data collected by the ECB/ESCB on behalf and for the benefit of the ESRB.

Article 2(b) of the proposed decision relates to the statistical support that the ECB is called upon to provide to the ESRB. The amendment proposed will enable the Secretariat to obtain confidential data collected by the ECB/ESCB on behalf and for the benefit of the ESRB

Amendment 12

Amendment 12

Article 4 of the proposed decision

‘Article 4

Management

[...]’

‘Article 4

Management
  Functioning of the Secretariat

[...]’

Explanation:

Explanation:

The proposed title reflects more accurately the content of Article 4 of the proposed decision, and uses terminology that better respects the internal administrative competences of the ECB.

The proposed title reflects more accurately the content of Article 4 of the proposed decision, and uses terminology that better respects the internal administrative competences of the ECB

Amendment 13

Amendment 13

Article 4(2) of the proposed decision

Article 4

‘2.   The Head of the Secretariat or its representative shall attend the General Board and the Steering Committee meetings of the ESRB.’

Article 4

‘2.   The Head of the Secretariat or its representative shall attend the General Board,
  and
  the Steering Committee and the Advisory Technical Committee meetings of the ESRB.’

Explanation:

Explanation:

The proposed amendment aims at reflecting the proposed structure of the ESRB as defined in Article 4(1) of the proposed regulation.

The proposed amendment aims at reflecting the proposed structure of the ESRB as defined in Article 4(1) of the proposed regulation

---

(1)  Bold in the body of the text indicates where the ECB proposes inserting new text. Strikethrough in the body of the text indicates where the ECB proposes deleting text.

1

(2)  See recital 13 of the proposed regulation and recital 7 of the proposed decision.

2

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 11.11.2009 | EN | Official Journal of the European Union | C 270/9 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/9

---

Non-opposition to a notified concentration

(Case COMP/M.5589 — SONY/SEIKO EPSON)

(Text with EEA relevance)

2009/C 270/02

On 22 September 2009, 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:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5589. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5589. EUR-Lex is the on-line access to the European law.

---

| 11.11.2009 | EN | Official Journal of the European Union | C 270/10 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/10

---

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 270/03

| Date of adoption of the decision | 3.8.2009 |
| --- | --- |
| Reference number of State Aid | N 38/B/06 |
| Member State | Greece |
| Region | — |
| Title (and/or name of the beneficiary) | Compensation for damage — Adverse climatic event — Aquaculture sector |
| Legal basis | Απόφαση του Υπουργείου Αγροτικής Ανάπτυξης και Τροφίμων |
| Type of measure | — |
| Objective | Compensation of damage caused by an exceptional climatic event in 2005 to the aquaculture sector in certain Greek provinces |
| Form of aid | Direct grant |
| Budget | EUR 800 000 |
| Intensity | Maximum of 50 % of value of production lost or of 70 % of the cost of restoring the damage |
| Duration (period) | Two years |
| Economic sectors | Aquaculture sector |
| Name and address of the granting authority | Hellenic Agricultural Insurance Agency |
| Mesoyeion 45 |
| 11510 Athens |
| GREECE |

Date of adoption of the decision

3.8.2009

Reference number of State Aid

N 38/B/06

Member State

Greece

Region

—

Title (and/or name of the beneficiary)

Compensation for damage — Adverse climatic event — Aquaculture sector

Legal basis

Απόφαση του Υπουργείου Αγροτικής Ανάπτυξης και Τροφίμων

Type of measure

—

Objective

Compensation of damage caused by an exceptional climatic event in 2005 to the aquaculture sector in certain Greek provinces

Form of aid

Direct grant

Budget

EUR 800 000

Intensity

Maximum of 50 % of value of production lost or of 70 % of the cost of restoring the damage

Duration (period)

Two years

Economic sectors

Aquaculture sector

Name and address of the granting authority

Hellenic Agricultural Insurance Agency

Mesoyeion 45

11510 Athens

GREECE

Other information

Annual report

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/state_aids_texts_en.htm

| Date of adoption of the decision | 17.6.2009 |
| --- | --- |
| Reference number of State Aid | N 214/09 |
| Member State | Austria |
| Region | — |
| Title (and/or name of the beneficiary) | Beihilfemaßnahme zugunsten der Hypo Tirol Bank AG |
| Legal basis | § 23 Bankwesengesetz (BWG)*
  Aktiengesetz (AktG)* |
| Type of measure | Individual aid |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee |
| Budget | Overall budget: EUR 100 million |
| Intensity | — |
| Duration (period) | 1.7.2009-1.7.2019 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Land Tirol |
| Eduard-Wallnöfer-Platz 3 |
| 6020 Innsbruck |
| ÖSTERREICH |

Date of adoption of the decision

17.6.2009

Reference number of State Aid

N 214/09

Member State

Austria

Region

—

Title (and/or name of the beneficiary)

Beihilfemaßnahme zugunsten der Hypo Tirol Bank AG

Legal basis

§ 23 Bankwesengesetz (BWG)*

Aktiengesetz (AktG)*

Type of measure

Individual aid

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee

Budget

Overall budget: EUR 100 million

Intensity

—

Duration (period)

1.7.2009-1.7.2019

Economic sectors

Financial intermediation

Name and address of the granting authority

Land Tirol

Eduard-Wallnöfer-Platz 3

6020 Innsbruck

ÖSTERREICH

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/state_aids_texts_en.htm

| Date of adoption of the decision | 2.10.2009 |
| --- | --- |
| Reference number of State Aid | N 409/09 |
| Member State | Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Short-term export-credit insurance |
| Legal basis | Kaderwet financiële verstrekkingen Financiën |
| Type of measure | Aid scheme |
| Objective | Export credits insurance |
| Form of aid | Export credits insurance |
| Budget | — |
| Intensity | — |
| Duration (period) | until 31.12.2010 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | The State of the Netherlands |
| Other information | — |

Date of adoption of the decision

2.10.2009

Reference number of State Aid

N 409/09

Member State

Netherlands

Region

—

Title (and/or name of the beneficiary)

Short-term export-credit insurance

Legal basis

Kaderwet financiële verstrekkingen Financiën

Type of measure

Aid scheme

Objective

Export credits insurance

Form of aid

Export credits insurance

Budget

—

Intensity

—

Duration (period)

until 31.12.2010

Economic sectors

Financial intermediation

Name and address of the granting authority

The State of the Netherlands

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/state_aids_texts_en.htm

| Date of adoption of the decision | 21.9.2009 |
| --- | --- |
| Reference number of State Aid | N 494/09 |
| Member State | Denmark |
| Region | — |
| Title (and/or name of the beneficiary) | Energiteknologisk Udviklings- og Demonstrationsprogram |
| Legal basis | Lov nr. 555 af 6. juni 2007 om et Energiteknologisk Udviklings- og Demonstrationsprogram |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Direct grant |
| Budget | Overall budget: DKK 891 million |
| Intensity | 80 % |
| Duration (period) | until 1.1.2014 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Energistyrelsen |
| Amaliegade 44 |
| 1256 København K |
| DANMARK |

Date of adoption of the decision

21.9.2009

Reference number of State Aid

N 494/09

Member State

Denmark

Region

—

Title (and/or name of the beneficiary)

Energiteknologisk Udviklings- og Demonstrationsprogram

Legal basis

Lov nr. 555 af 6. juni 2007 om et Energiteknologisk Udviklings- og Demonstrationsprogram

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Direct grant

Budget

Overall budget: DKK 891 million

Intensity

80 %

Duration (period)

until 1.1.2014

Economic sectors

All sectors

Name and address of the granting authority

Energistyrelsen

Amaliegade 44

1256 København K

DANMARK

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/state_aids_texts_en.htm

| Date of adoption of the decision | 30.9.2009 |
| --- | --- |
| Reference number of State Aid | NN 44/07 |
| Member State | Czech Republic |
| Region | — |
| Title (and/or name of the beneficiary) | Osvobození ocenění a darů v oblasti kultury od daně z příjmu |
| Legal basis | Zákon o některých druzích podpory kultury a o změně některých souvisejících zákonů |
| Type of measure | Aid scheme |
| Objective | Culture, Sectoral development |
| Form of aid | Tax advantage |
| Budget | Annual budget: CZK 5 million |
| Intensity | — |
| Duration (period) | 12.4.2006-11.4.2016 |
| Economic sectors | Recreational, cultural sporting activities |
| Name and address of the granting authority | Ministerstvo kultury |
| Maltézské nám. 1 |
| 118 11 Praha 1 |
| ČESKÁ REPUBLIKA |

Date of adoption of the decision

30.9.2009

Reference number of State Aid

NN 44/07

Member State

Czech Republic

Region

—

Title (and/or name of the beneficiary)

Osvobození ocenění a darů v oblasti kultury od daně z příjmu

Legal basis

Zákon o některých druzích podpory kultury a o změně některých souvisejících zákonů

Type of measure

Aid scheme

Objective

Culture, Sectoral development

Form of aid

Tax advantage

Budget

Annual budget: CZK 5 million

Intensity

—

Duration (period)

12.4.2006-11.4.2016

Economic sectors

Recreational, cultural sporting activities

Name and address of the granting authority

Ministerstvo kultury

Maltézské nám. 1

118 11 Praha 1

ČESKÁ REPUBLIKA

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/state_aids_texts_en.htm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 11.11.2009 | EN | Official Journal of the European Union | C 270/14 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/14

---

List of appointments made by the Council

September/October 2009 (social field)

2009/C 270/04

| Committee | End of term of office | Publication in OJ | Person replaced | Resignation/appointment | Member/alternate/ | Category | Country | Person appointed | Affiliation | Date of Council Decision |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Mr Peter BODE | Resignation | Members | Government | United Kingdom | Ms Fiona KILPATRICK | DWP | 26.10.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Ms Seonaid WEBB | Resignation | Members | Government | United Kingdom | Ms Carolyn BARTLETT | EEA Policy Team | 26.10.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Harald KIHL | Resignation | Alternate | Employers | Germany | Mr Walter HERMÜLHEIM | RAG Aktiengesellschaft
  Zentralbereich Arbeits — Gesundheits — und Umweltschutz | 9.10.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Jean-Marie LAMOTTE | Resignation | Alternate | Government | Belgium | Mr Xavier LEBICHOT | DG Humanisation du travail
  SPF Emploi, Travail et Concertation social | 9.10.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Robert MURR | Resignation | Alternate | Government | Austria | Ms Gerlinde ZINIEL | Bundesministerium für Arbeit, Soziales und Konsumentenschutz | 9.10.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Saviour SAMMUT | Resignation | Member | Workers | Malta | Mr Joe CARABOTT | General Workers Union | 26.10.2009 |
| Advisory Committee on Social Security for Migrant Workers | 29.3.2011 | C 83, 7.4.2009 | Ms Dora PETSA | Resignation | Member | Government | Cyprus | Mr Nicolas ARTEMIS | Ministry of Labour and Social Insurance | 9.10.2009 |
| Advisory Committee on Social Security for Migrant Workers | 29.3.2011 | C 83, 7.4.2009 | Mr Andreas KYRIAKIDES | Resignation | Member | Government | Cyprus | Mr Nicos VAKANAS | Ministry of Health | 9.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Ms Marie ÅKHAGEN | Resignation | Alternate | Government | Sweden | Ms Per NYSTÖM | Ministry of Employment | 9.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Ms Eva MESTANOVA | Resignation | Member | Workers | Slovak | Mr Erik MACAK | KOZSR | 9.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Ms Laurence THERY | Resignation | Member | Workers | France | Mr Emmanuel COUVREUR | CFDT | 9.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Ms Anne COLEMAN-DUNNE | Resignation | Member | Government | Ireland | Mr Paul CULLEN | Department of Enterprise Trade and Employment | 19.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Jens WIENE | Resignation | Member | Workers | Denmark | Mr Ole PRASZ | FTF | 19.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Joaquín MARTÍNEZ SOLER | Resignation | Alternate | Government | Spain | Mr Gonzalo GIMÉNEZ COLOMA | Ministerio de Trabajo e Inmigración | 19.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Ms Mireille JARRY | Resignation | Alternate | Government | France | Ms Marie-Soline CHOMEL | Ministère du Travail et des Affaires Sociales | 19.10.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Konstantinos PETINIS | Resignation | Alternate | Government | Greece | Ms Triantafyllia TOTOU | Ministry of Employment and Social Protection | 23.10.2009 |

Committee

End of term of office

Publication in OJ

Person replaced

Resignation/appointment

Member/alternate/

Category

Country

Person appointed

Affiliation

Date of Council Decision

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Mr Peter BODE

Resignation

Members

Government

United Kingdom

Ms Fiona KILPATRICK

DWP

26.10.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Ms Seonaid WEBB

Resignation

Members

Government

United Kingdom

Ms Carolyn BARTLETT

EEA Policy Team

26.10.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Harald KIHL

Resignation

Alternate

Employers

Germany

Mr Walter HERMÜLHEIM

RAG Aktiengesellschaft

Zentralbereich Arbeits — Gesundheits — und Umweltschutz

9.10.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Jean-Marie LAMOTTE

Resignation

Alternate

Government

Belgium

Mr Xavier LEBICHOT

DG Humanisation du travail

SPF Emploi, Travail et Concertation social

9.10.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Robert MURR

Resignation

Alternate

Government

Austria

Ms Gerlinde ZINIEL

Bundesministerium für Arbeit, Soziales und Konsumentenschutz

9.10.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Saviour SAMMUT

Resignation

Member

Workers

Malta

Mr Joe CARABOTT

General Workers Union

26.10.2009

Advisory Committee on Social Security for Migrant Workers

29.3.2011

C 83, 7.4.2009

Ms Dora PETSA

Resignation

Member

Government

Cyprus

Mr Nicolas ARTEMIS

Ministry of Labour and Social Insurance

9.10.2009

Advisory Committee on Social Security for Migrant Workers

29.3.2011

C 83, 7.4.2009

Mr Andreas KYRIAKIDES

Resignation

Member

Government

Cyprus

Mr Nicos VAKANAS

Ministry of Health

9.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Ms Marie ÅKHAGEN

Resignation

Alternate

Government

Sweden

Ms Per NYSTÖM

Ministry of Employment

9.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Ms Eva MESTANOVA

Resignation

Member

Workers

Slovak

Mr Erik MACAK

KOZSR

9.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Ms Laurence THERY

Resignation

Member

Workers

France

Mr Emmanuel COUVREUR

CFDT

9.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Ms Anne COLEMAN-DUNNE

Resignation

Member

Government

Ireland

Mr Paul CULLEN

Department of Enterprise Trade and Employment

19.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Jens WIENE

Resignation

Member

Workers

Denmark

Mr Ole PRASZ

FTF

19.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Joaquín MARTÍNEZ SOLER

Resignation

Alternate

Government

Spain

Mr Gonzalo GIMÉNEZ COLOMA

Ministerio de Trabajo e Inmigración

19.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Ms Mireille JARRY

Resignation

Alternate

Government

France

Ms Marie-Soline CHOMEL

Ministère du Travail et des Affaires Sociales

19.10.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Konstantinos PETINIS

Resignation

Alternate

Government

Greece

Ms Triantafyllia TOTOU

Ministry of Employment and Social Protection

23.10.2009

---

Commission

| 11.11.2009 | EN | Official Journal of the European Union | C 270/17 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/17

---

Euro exchange rates (1)

10 November 2009

2009/C 270/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4966 |
| JPY | Japanese yen | 134,51 |
| DKK | Danish krone | 7,4410 |
| GBP | Pound sterling | 0,89860 |
| SEK | Swedish krona | 10,2850 |
| CHF | Swiss franc | 1,5115 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3835 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,524 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 272,19 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 4,2033 |
| RON | Romanian leu | 4,2979 |
| TRY | Turkish lira | 2,2112 |
| AUD | Australian dollar | 1,6145 |
| CAD | Canadian dollar | 1,5852 |
| HKD | Hong Kong dollar | 11,5988 |
| NZD | New Zealand dollar | 2,0224 |
| SGD | Singapore dollar | 2,0788 |
| KRW | South Korean won | 1 739,87 |
| ZAR | South African rand | 11,1616 |
| CNY | Chinese yuan renminbi | 10,2170 |
| HRK | Croatian kuna | 7,2767 |
| IDR | Indonesian rupiah | 14 089,57 |
| MYR | Malaysian ringgit | 5,0660 |
| PHP | Philippine peso | 70,186 |
| RUB | Russian rouble | 43,0194 |
| THB | Thai baht | 49,855 |
| BRL | Brazilian real | 2,5685 |
| MXN | Mexican peso | 19,9557 |
| INR | Indian rupee | 69,5170 |

Currency

Exchange rate

USD

US dollar

1,4966

JPY

Japanese yen

134,51

DKK

Danish krone

7,4410

GBP

Pound sterling

0,89860

SEK

Swedish krona

10,2850

CHF

Swiss franc

1,5115

ISK

Iceland króna

NOK

Norwegian krone

8,3835

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,524

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

272,19

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

4,2033

RON

Romanian leu

4,2979

TRY

Turkish lira

2,2112

AUD

Australian dollar

1,6145

CAD

Canadian dollar

1,5852

HKD

Hong Kong dollar

11,5988

NZD

New Zealand dollar

2,0224

SGD

Singapore dollar

2,0788

KRW

South Korean won

1 739,87

ZAR

South African rand

11,1616

CNY

Chinese yuan renminbi

10,2170

HRK

Croatian kuna

7,2767

IDR

Indonesian rupiah

14 089,57

MYR

Malaysian ringgit

5,0660

PHP

Philippine peso

70,186

RUB

Russian rouble

43,0194

THB

Thai baht

49,855

BRL

Brazilian real

2,5685

MXN

Mexican peso

19,9557

INR

Indian rupee

69,5170

---

(1)  Source: reference exchange rate published by the ECB.

---

European Union Civil Service Tribunal

| 11.11.2009 | EN | Official Journal of the European Union | C 270/18 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/18

---

Composition of the Chambers and attachment of the Judges to Chambers

2009/C 270/06

By decision of 30 November 2005 (1), the Tribunal decided to sit in three Chambers and as a full Court. By decision of 24 September 2008 (2), for the period from 1 October 2008 to 30 September 2011, the Tribunal elected as President of the First Chamber Judge S. GERVASONI. By decision of 7 October 2009, for the period from 7 October 2009 to 30 September 2011, the Tribunal elected as President of the Second Chamber Judge H. TAGARAS and attached the Judges to the Chambers as follows:

| | First Chamber

  S. GERVASONI, President of Chamber,
  H. KREPPEL and M.I. ROFES I PUJOL, Judges, |
| --- | --- |

First Chamber

S. GERVASONI, President of Chamber,

H. KREPPEL and M.I. ROFES I PUJOL, Judges,

| | Second Chamber

  H. TAGARAS, President of Chamber,
  I. BORUTA and S. VAN RAEPENBUSCH, Judges, |
| --- | --- |

Second Chamber

H. TAGARAS, President of Chamber,

I. BORUTA and S. VAN RAEPENBUSCH, Judges,

| | Third Chamber, sitting with three Judges

  P. MAHONEY, President of the Tribunal,
  H. KREPPEL, I. BORUTA, S. VAN RAEPENBUSCH and M.I. ROFES I PUJOL, Judges. |
| --- | --- |

Third Chamber, sitting with three Judges

P. MAHONEY, President of the Tribunal,

H. KREPPEL, I. BORUTA, S. VAN RAEPENBUSCH and M.I. ROFES I PUJOL, Judges.

In the Third Chamber, the President will sit, alternately, either with Judges H. KREPPEL and S. VAN RAEPENBUSCH or with Judges I. BORUTA and M.I. ROFES I PUJOL, subject always to connections between cases.

---

(1)  OJ C 322, 17.12.2005, p. 16.

(2)  OJ C 272, 25.10.2008, p. 3.

---

| 11.11.2009 | EN | Official Journal of the European Union | C 270/19 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/19

---

Criteria for the assignment of cases to chambers

2009/C 270/07

On 7 October 2009, in accordance with Article 4(4) of the Annex to the Statute of the Court of Justice and Article 12(2) of the Rules of Procedure, the Civil Service Tribunal decided to assign cases, as soon as the application has been lodged, to the First and Second Chambers alternately depending on the order in which they are lodged at the Registry and without prejudice to Articles 13, 14 and 46(2) of the Rules of Procedure.

A number of cases shall be assigned to the Third Chamber, at regular intervals to be determined at a plenary meeting of the Tribunal.

The President of the Tribunal may derogate from the above rules on assignment for reasons of connections between cases and to ensure a balanced and coherent workload within the Tribunal.

The present decision replaces that of 30 September 2008 (1). It shall enter into force on the day following its publication.

---

(1)  OJ C 272, 25.10.2008, p. 4.

---

| 11.11.2009 | EN | Official Journal of the European Union | C 270/20 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/20

---

Designation of the judge to replace the President of the Tribunal for the purpose of dealing with applications for interim measures

2009/C 270/08

On 7 October 2009, in accordance with Article 103(2) of the Rules of Procedure, the Tribunal decided that, for the period from 1 October 2009 to 30 September 2010, Judge S. GERVASONI, President of the First Chamber, will replace the President of the Tribunal for the purpose of dealing with applications for interim measures in the event of the President's absence or his being prevented from attending.

---

V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 11.11.2009 | EN | Official Journal of the European Union | C 270/21 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/21

---

MEDIA 2007 — DEVELOPMENT, DISTRIBUTION, PROMOTION AND TRAINING

Call for Proposals — EACEA/17/09

i2i audiovisual

2009/C 270/09

1.   Objectives and Description

This notice of a Call for Proposals is based on Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007).

The measures covered by the Decision include the development of production projects.

The objective of this support is to facilitate independent European Production companies’ access to funding from banks and financial institutions, by co financing part of the costs of:

| — | Insurance for audiovisual productions: Module 1 — Support the ‘Insurance’ item in a production budget. |
| --- | --- |

—

Insurance for audiovisual productions: Module 1 — Support the ‘Insurance’ item in a production budget.

| — | Completion guarantee for the production of an audiovisual work: Module 2 — Support for the item ‘Completion Guarantee’ in a production budget. |
| --- | --- |

—

Completion guarantee for the production of an audiovisual work: Module 2 — Support for the item ‘Completion Guarantee’ in a production budget.

| — | Bank financing for the production of a work: Module 3 — Support for the item ‘Financial Costs’ in a production budget. |
| --- | --- |

—

Bank financing for the production of a work: Module 3 — Support for the item ‘Financial Costs’ in a production budget.

2.   Eligible candidates

This Call for Proposals is aimed at European companies whose activities contribute to the achievement of the above objectives and in particular independent audiovisual production companies.

Applicants must be registered in one of the following countries:

| — | The 27 countries of the European Union. |
| --- | --- |

—

The 27 countries of the European Union.

| — | Countries of the European Economic Area. |
| --- | --- |

—

Countries of the European Economic Area.

| — | Countries fulfilling the terms set out in Article 8 of Decision 1718/2006/EC including Switzerland and Croatia. |
| --- | --- |

—

Countries fulfilling the terms set out in Article 8 of Decision 1718/2006/EC including Switzerland and Croatia.

3.   Eligible actions

The audiovisual work submitted:

| — | Must be a fiction, animation, or creative documentary majority produced by companies registered in one of the countries participating in the MEDIA Programme. |
| --- | --- |

—

Must be a fiction, animation, or creative documentary majority produced by companies registered in one of the countries participating in the MEDIA Programme.

| — | Must be produced with the significant participation of professionals who are nationals/residents of countries participating in the MEDIA programme. |
| --- | --- |

—

Must be produced with the significant participation of professionals who are nationals/residents of countries participating in the MEDIA programme.

The maximum duration of the projects is 30 months.

This Call for Proposals concerns projects that start between 1.7.2009-7.7.2010.

4.   Award criteria

Eligible applications will be evaluated on the basis of the following criteria:

| | Projects benefiting from MEDIA Development Single Project for big countries and/or Slate Funding for countries with low Audiovisual capacity: 10 points |
| --- | --- |

Projects benefiting from MEDIA Development Single Project for big countries and/or Slate Funding for countries with low Audiovisual capacity: 10 points

| | Projects with a credit agreement: 10 points |
| --- | --- |

Projects with a credit agreement: 10 points

| | Projects from countries with low Audiovisual capacity: 10 points |
| --- | --- |

Projects from countries with low Audiovisual capacity: 10 points

| | Projects from the new Member States and the enlargement countries: 5 points |
| --- | --- |

Projects from the new Member States and the enlargement countries: 5 points

| | Projects with a European dimension: co-produced by more than one country participating in the MEDIA Programme: 3 points |
| --- | --- |

Projects with a European dimension: co-produced by more than one country participating in the MEDIA Programme: 3 points

Within the limits of the budget available projects with the maximum points on the basis of the above table will be awarded a grant.

In the event that, at the conclusion of the above process, more than one project has the same number of points the following criteria will be examined for those projects only:

Co-production covering more than one country participating in the MEDIA Programme: 1 point per country

Within the limits of the budget available projects with the maximum points on the basis of the above table will be awarded a grant.

In the event that at the conclusion of the above process more than one project has the same number of points the following criteria will be examined for those projects only:

International distribution potential: 0-5 points

5.   Budget and duration of the projects

The total budget available is EUR 3 million. The financial contribution may not exceed 50 % — (60 %) of the eligible costs. The amount of the support is between EUR 5 000 and EUR 50 000. The maximum amount of support is limited to EUR 50 000 per project.

6.   Deadline

Applications for this Call for Proposals must be submitted at the latest by:

| — | 5 February 2010, for projects that start between 1 July 2009 and 5 February 2010, |
| --- | --- |

—

5 February 2010, for projects that start between 1 July 2009 and 5 February 2010,

| — | 7 July 2010, for projects that start between 1 January 2010 and 7 July 2010. |
| --- | --- |

—

7 July 2010, for projects that start between 1 January 2010 and 7 July 2010.

Applications must be sent to:

| Education Audiovisual and Culture Executive Agency |
| --- |
| Call for Proposals EACEA/17/09 |
| Mr. Constantin Daskalakis |
| BOUR 3/30 |
| Avenue du Bourget 1 |
| 1140 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Education Audiovisual and Culture Executive Agency

Call for Proposals EACEA/17/09

Mr. Constantin Daskalakis

BOUR 3/30

Avenue du Bourget 1

1140 Bruxelles/Brussel

BELGIQUE/BELGIË

Only applications that are submitted using the correct form, duly completed and dated, and signed by the person authorised to enter into legally binding commitments on behalf of the applicant organisation, will be accepted.

Applications sent by fax or e-mail will not be accepted.

7.   Further Information

The guidelines and application forms of this Call for Proposals may be found on the internet: http://ec.europa.eu/information_society/media/producer/i2i/index_en.htm

Applications must respect the guidelines for this Call for Proposals and be submitted using the relevant application forms.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 11.11.2009 | EN | Official Journal of the European Union | C 270/24 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/24

---

Notice of initiation of an expiry review and a partial interim review of the anti-dumping measures applicable to imports of okoumé plywood originating in the People's Republic of China

2009/C 270/10

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of okoumé plywood originating in the People's Republic of China, (country concerned), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (2) (the basic Regulation). In addition, the Commission has also evidence which justifies the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation limited to the examination of the level of injury.

1.   Request for review

The request was lodged on 13 August 2009 by the European Federation of the Plywood Industry (the applicant) on behalf of producers representing a major proportion, in this case more than 40 % of the Community production of okoumé plywood.

2.   Product

The product under review is okoumé plywood, defined as plywood consisting solely of sheets of wood, each ply not exceeding 6 mm thickness, with at least one outer ply of okoumé not coated by a permanent film of other materials originating in the People's Republic of China (the product concerned), currently falling within CN code ex 4412 31 10.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1942/2004 (3).

4.   Grounds for the reviews

4.1.   
  Grounds for the expiry review

The request is based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and recurrence of injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the exporting producers from the People's Republic of China which were not granted market economy treatment during the investigation leading to the measures in force on the basis of a constructed normal value in an appropriate market economy country, which is mentioned in point 5.1.(d). For those companies which were granted market economy treatment during the investigation, normal value has been established on the basis of a constructed normal value in the People's Republic of China. The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentences, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

The applicant further alleges the likelihood of recurrence of injurious dumping. In this respect, the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity in the country concerned.

The applicant alleges that the removal of injury is mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury of the Community industry should measures be allowed to lapse.

4.2.   
  Grounds for the interim review

A number of French producers of okoumé plywood are subject to a French court proceeding into alleged anti-competitive behaviour. It cannot be excluded that that could have distorted the injury assessment in the original investigation. Therefore, it was considered appropriate to initiate ex officio an interim review to re-examine the injury situation of the Community industry in particular in comparison to the situation which prevailed in the investigation period of the original investigation.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review and a partial interim review limited to the examination of injury, the Commission hereby initiates reviews in accordance with Article 11(2) and 11(3) of the basic Regulation.

5.1.   
  Procedure for the determination of dumping, likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury. The partial interim review will determine whether the current level of the measures is appropriate to counteract the injurious dumping.

(a)   Sampling

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

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

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

| — | name, address, e-mail address, telephone, and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax numbers and contact person,

| — | the turnover in local currency and the volume in m3 of the product concerned sold for export to the Community during the period 1 October 2008 to 30 September 2009 for each of the 27 Member States separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in m3 of the product concerned sold for export to the Community during the period 1 October 2008 to 30 September 2009 for each of the 27 Member States separately and in total,

| — | the turnover in local currency and the volume in m3 of the product concerned sold on the domestic market during the period 1 October 2008 to 30 September 2009, |
| --- | --- |

—

the turnover in local currency and the volume in m3 of the product concerned sold on the domestic market during the period 1 October 2008 to 30 September 2009,

| — | the turnover in local currency and the volume in m3 for the product concerned sold to other third countries during the period 1 October 2008 to 30 September 2009, |
| --- | --- |

—

the turnover in local currency and the volume in m3 for the product concerned sold to other third countries during the period 1 October 2008 to 30 September 2009,

| — | the precise activities of the company worldwide with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product concerned,

| — | the names and the precise activities of all related companies (4) involved in the production and/or sales (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or sales (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(ii)   Sampling for importers

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

| — | name, address, e-mail address, telephone, and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax numbers and contact person,

| — | the precise activities of the company with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned,

| — | the volume in m3 and value in EUR of imports into and resales made in the Community market during the period 1 October 2008 to 30 September 2009 of the imported product concerned originating in People's Republic of China, |
| --- | --- |

—

the volume in m3 and value in EUR of imports into and resales made in the Community market during the period 1 October 2008 to 30 September 2009 of the imported product concerned originating in People's Republic of China,

| — | the names and the precise activities of all related companies (5) involved in the production and/or sales of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or sales of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(iii)   Sampling for Community producers

In view of the large number of Community producers supporting the request, the Commission intends to investigate injury to the Community industry by applying sampling.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6 (b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone, and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax numbers and contact person,

| — | the precise activities of the company worldwide with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product concerned,

| — | the value in EUR of sales of the product concerned made in the Community market during the period 1 October 2008 to 30 September 2009, |
| --- | --- |

—

the value in EUR of sales of the product concerned made in the Community market during the period 1 October 2008 to 30 September 2009,

| — | the volume in m3 of sales of the product concerned made in the Community market during the period 1 October 2008 to 30 September 2009, |
| --- | --- |

—

the volume in m3 of sales of the product concerned made in the Community market during the period 1 October 2008 to 30 September 2009,

| — | the volume in m3 of the production of the product concerned during the period 1 October 2008 to 30 September 2009, |
| --- | --- |

—

the volume in m3 of the production of the product concerned during the period 1 October 2008 to 30 September 2009,

| — | the names and the precise activities of all related companies (6) involved in the production and/or sales of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (6) involved in the production and/or sales of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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

(iv)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

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

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

In the previous investigation Turkey was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. The Commission envisages using Turkey again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   
  Procedure for the assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (7)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N-105 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

10.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation, unless the partial interim review in accordance with the provisions of article 11(3) limited to injury shows injury levels lower than the dumping margins found in the original investigation on which the duties currently in force were imposed.

If any party to the proceeding considers that a review of the level of the dumping margins found in the original investigation is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry and partial interim reviews mentioned in this notice, may contact the Commission at the address given above.

11.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

12.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of the Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of the Directorate-General for Trade (http://ec.europa.eu/trade).

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(1)  OJ C 114, 19.5.2009, p. 11.

(2)  OJ L 56, 6.3.1996, p. 1.

(3)  OJ L 336, 12.11.2004, p. 4.

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

(5)  See footnote 4.

(6)  See footnote 4.

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

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

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 11.11.2009 | EN | Official Journal of the European Union | C 270/30 |
| --- | --- | --- | --- |

11.11.2009

EN

Official Journal of the European Union

C 270/30

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Withdrawal of notification of a concentration

(Case COMP/M.5654 — Brookfield/BBI)

(Text with EEA relevance)

2009/C 270/11

(Council Regulation (EC) No 139/2004)

On 9 October 2009, the Commission of the European Communities received notification of a proposed concentration between Brookfield and BBI. On 4 November 2009, the notifying parties informed the Commission that they withdrew their notification.

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