# Official Journal C 268/4 No

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 268 |
| | |
| English edition | Information and Notices | Volume 474 November 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 268

English edition

Information and Notices

Volume 474 November 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 268/1 | Euro exchange rates | 1 |
| 2004/C 268/2 | Euro exchange rates | 2 |
| 2004/C 268/3 | Euro exchange rates | 3 |
| 2004/C 268/4 | Prior notification of a concentration (Case COMP/M.3582 — MANNESMANNRÖHREN-WERKE/FUCHS) — Candidate case for simplified procedure (
  1
  ) | 4 |
| 2004/C 268/5 | Operation of scheduled air services — Lifting by France of public service obligations imposed on scheduled air services within France | 5 |
| 2004/C 268/6 | NO-Oslo: operation of scheduled air services — Invitation to tender published by Norway pursuant to Article 4.1(d) of the act referred to in point 64a in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) for operation of scheduled air services on the route Værøy (heliport) – Bodø v.v. | 6 |
| | EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2004/C 268/7 | Communication from the EFTA Surveillance Authority pursuant to Article 4.1(a) of the Act referred to in point 64a of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) — Imposition of new public service obligations in respect of scheduled air services on the route Værøy (heliport) – Bodø v.v. | 9 |

Notice No

Contents

page

I   Information

Commission

2004/C 268/1

Euro exchange rates

1

2004/C 268/2

Euro exchange rates

2

2004/C 268/3

Euro exchange rates

3

2004/C 268/4

Prior notification of a concentration (Case COMP/M.3582 — MANNESMANNRÖHREN-WERKE/FUCHS) — Candidate case for simplified procedure (
  1
  )

1

4

2004/C 268/5

Operation of scheduled air services — Lifting by France of public service obligations imposed on scheduled air services within France

5

2004/C 268/6

NO-Oslo: operation of scheduled air services — Invitation to tender published by Norway pursuant to Article 4.1(d) of the act referred to in point 64a in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) for operation of scheduled air services on the route Værøy (heliport) – Bodø v.v.

6

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2004/C 268/7

Communication from the EFTA Surveillance Authority pursuant to Article 4.1(a) of the Act referred to in point 64a of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) — Imposition of new public service obligations in respect of scheduled air services on the route Værøy (heliport) – Bodø v.v.

9

| | III   Notices |
| --- | --- |
| | Commission |
| 2004/C 268/8 | Call for proposals for indirect RTD actions under the specific programme for research, technological development and demonstration: Structuring the European Research Area — Scheme: Trans-national access, integrating activities and accompanying measures (Call identifier: FP6-2004-Infrastructures-5) | 14 |

III   Notices

Commission

2004/C 268/8

Call for proposals for indirect RTD actions under the specific programme for research, technological development and demonstration: Structuring the European Research Area — Scheme: Trans-national access, integrating activities and accompanying measures (Call identifier: FP6-2004-Infrastructures-5)

14

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| 2004/C 268/9 | 1 November 2004 — New version of EUR-Lex! | s3 |

2004/C 268/9

1 November 2004 — New version of EUR-Lex!

s3

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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I Information

Commission

| 4.11.2004 | EN | Official Journal of the European Union | C 268/1 |
| --- | --- | --- | --- |

4.11.2004

EN

Official Journal of the European Union

C 268/1

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Euro exchange rates (1)

3 November 2004

(2004/C 268/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2754 |
| JPY | Japanese yen | 135,86 |
| DKK | Danish krone | 7,4326 |
| GBP | Pound sterling | 0,6919 |
| SEK | Swedish krona | 9,063 |
| CHF | Swiss franc | 1,5331 |
| ISK | Iceland króna | 87,79 |
| NOK | Norwegian krone | 8,193 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5769 |
| CZK | Czech koruna | 31,461 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,90 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6752 |
| MTL | Maltese lira | 0,4302 |
| PLN | Polish zloty | 4,2997 |
| ROL | Romanian leu | 39 812 |
| SIT | Slovenian tolar | 239,78 |
| SKK | Slovak koruna | 39,93 |
| TRL | Turkish lira | 1 867 600 |
| AUD | Australian dollar | 1,6941 |
| CAD | Canadian dollar | 1,5571 |
| HKD | Hong Kong dollar | 9,9251 |
| NZD | New Zealand dollar | 1,8545 |
| SGD | Singapore dollar | 2,127 |
| KRW | South Korean won | 1 423,60 |
| ZAR | South African rand | 7,804 |

Currency

Exchange rate

USD

US dollar

1,2754

JPY

Japanese yen

135,86

DKK

Danish krone

7,4326

GBP

Pound sterling

0,6919

SEK

Swedish krona

9,063

CHF

Swiss franc

1,5331

ISK

Iceland króna

87,79

NOK

Norwegian krone

8,193

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5769

CZK

Czech koruna

31,461

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,90

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6752

MTL

Maltese lira

0,4302

PLN

Polish zloty

4,2997

ROL

Romanian leu

39 812

SIT

Slovenian tolar

239,78

SKK

Slovak koruna

39,93

TRL

Turkish lira

1 867 600

AUD

Australian dollar

1,6941

CAD

Canadian dollar

1,5571

HKD

Hong Kong dollar

9,9251

NZD

New Zealand dollar

1,8545

SGD

Singapore dollar

2,127

KRW

South Korean won

1 423,60

ZAR

South African rand

7,804

---

(1)

Source: reference exchange rate published by the ECB.

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| 4.11.2004 | EN | Official Journal of the European Union | C 268/2 |
| --- | --- | --- | --- |

4.11.2004

EN

Official Journal of the European Union

C 268/2

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Euro exchange rates (1)

1 November 2004

(2004/C 268/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2748 |
| JPY | Japanese yen | 135,53 |
| DKK | Danish krone | 7,4326 |
| GBP | Pound sterling | 0,6958 |
| SEK | Swedish krona | 9,0525 |
| CHF | Swiss franc | 1,5318 |
| ISK | Iceland króna | 87,87 |
| NOK | Norwegian krone | 8,127 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5766 |
| CZK | Czech koruna | 31,467 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,93 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6757 |
| MTL | Maltese lira | 0,4309 |
| PLN | Polish zloty | 4,3154 |
| ROL | Romanian leu | 40 763 |
| SIT | Slovenian tolar | 239,82 |
| SKK | Slovak koruna | 39,923 |
| TRL | Turkish lira | 1 879 620 |
| AUD | Australian dollar | 1,7079 |
| CAD | Canadian dollar | 1,5566 |
| HKD | Hong Kong dollar | 9,9172 |
| NZD | New Zealand dollar | 1,8627 |
| SGD | Singapore dollar | 2,1253 |
| KRW | South Korean won | 1 426,50 |
| ZAR | South African rand | 7,814 |

Currency

Exchange rate

USD

US dollar

1,2748

JPY

Japanese yen

135,53

DKK

Danish krone

7,4326

GBP

Pound sterling

0,6958

SEK

Swedish krona

9,0525

CHF

Swiss franc

1,5318

ISK

Iceland króna

87,87

NOK

Norwegian krone

8,127

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5766

CZK

Czech koruna

31,467

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,93

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6757

MTL

Maltese lira

0,4309

PLN

Polish zloty

4,3154

ROL

Romanian leu

40 763

SIT

Slovenian tolar

239,82

SKK

Slovak koruna

39,923

TRL

Turkish lira

1 879 620

AUD

Australian dollar

1,7079

CAD

Canadian dollar

1,5566

HKD

Hong Kong dollar

9,9172

NZD

New Zealand dollar

1,8627

SGD

Singapore dollar

2,1253

KRW

South Korean won

1 426,50

ZAR

South African rand

7,814

---

(1)

Source: reference exchange rate published by the ECB.

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| 4.11.2004 | EN | Official Journal of the European Union | C 268/3 |
| --- | --- | --- | --- |

4.11.2004

EN

Official Journal of the European Union

C 268/3

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Euro exchange rates (1)

2 November 2004

(2004/C 268/03)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2705 |
| JPY | Japanese yen | 135,17 |
| DKK | Danish krone | 7,4329 |
| GBP | Pound sterling | 0,6916 |
| SEK | Swedish krona | 9,0422 |
| CHF | Swiss franc | 1,5317 |
| ISK | Iceland króna | 87,72 |
| NOK | Norwegian krone | 8,178 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5768 |
| CZK | Czech koruna | 31,466 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,67 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6737 |
| MTL | Maltese lira | 0,4303 |
| PLN | Polish zloty | 4,3072 |
| ROL | Romanian leu | 40 440 |
| SIT | Slovenian tolar | 239,77 |
| SKK | Slovak koruna | 39,915 |
| TRL | Turkish lira | 1 873 800 |
| AUD | Australian dollar | 1,7046 |
| CAD | Canadian dollar | 1,5559 |
| HKD | Hong Kong dollar | 9,8868 |
| NZD | New Zealand dollar | 1,8552 |
| SGD | Singapore dollar | 2,1186 |
| KRW | South Korean won | 1 416,48 |
| ZAR | South African rand | 7,845 |

Currency

Exchange rate

USD

US dollar

1,2705

JPY

Japanese yen

135,17

DKK

Danish krone

7,4329

GBP

Pound sterling

0,6916

SEK

Swedish krona

9,0422

CHF

Swiss franc

1,5317

ISK

Iceland króna

87,72

NOK

Norwegian krone

8,178

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5768

CZK

Czech koruna

31,466

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,67

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6737

MTL

Maltese lira

0,4303

PLN

Polish zloty

4,3072

ROL

Romanian leu

40 440

SIT

Slovenian tolar

239,77

SKK

Slovak koruna

39,915

TRL

Turkish lira

1 873 800

AUD

Australian dollar

1,7046

CAD

Canadian dollar

1,5559

HKD

Hong Kong dollar

9,8868

NZD

New Zealand dollar

1,8552

SGD

Singapore dollar

2,1186

KRW

South Korean won

1 416,48

ZAR

South African rand

7,845

---

(1)

Source: reference exchange rate published by the ECB.

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| 4.11.2004 | EN | Official Journal of the European Union | C 268/4 |
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4.11.2004

EN

Official Journal of the European Union

C 268/4

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Prior notification of a concentration

(Case COMP/M.3582 — MANNESMANNRÖHREN-WERKE/FUCHS)

Candidate case for simplified procedure

(2004/C 268/04)

(Text with EEA relevance)

| 1. | On 25 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Mannesmannröhren-Werke AG (‘MRW’, Germany), belonging to the group Salzgitter AG (‘Salzgitter’, Germany), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Röhrenwerk Gebr. Fuchs GmbH (‘Fuchs’, Germany), presently jointly controlled by MRW and ThyssenKrupp Stahl AG (Germany), by way of purchase of shares. |
| --- | --- |

1.

On 25 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Mannesmannröhren-Werke AG (‘MRW’, Germany), belonging to the group Salzgitter AG (‘Salzgitter’, Germany), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Röhrenwerk Gebr. Fuchs GmbH (‘Fuchs’, Germany), presently jointly controlled by MRW and ThyssenKrupp Stahl AG (Germany), by way of purchase of shares.

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






  — | for MRW: production and distribution of tubes, steel and input stock for the production of tubes, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for MRW: production and distribution of tubes, steel and input stock for the production of tubes,

| — | for Salzgitter: steel technology, production and distribution of steel products, production of large-diameter tubes, |
| --- | --- |

—

for Salzgitter: steel technology, production and distribution of steel products, production of large-diameter tubes,

| — | for Fuchs: production and distribution of welded non-precision tubes made from steel. |
| --- | --- |

—

for Fuchs: production and distribution of welded non-precision tubes made from steel.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3582 — Mannesmannröhren-Werke/Fuchs, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3582 — Mannesmannröhren-Werke/Fuchs, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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| 4.11.2004 | EN | Official Journal of the European Union | C 268/5 |
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4.11.2004

EN

Official Journal of the European Union

C 268/5

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OPERATION OF SCHEDULED AIR SERVICES

Lifting by France of public service obligations imposed on scheduled air services within France

(2004/C 268/05)

France has decided to lift the public service obligations imposed on scheduled air services between:

| 1. | Paris (Orly) and Rochefort, published in the
  Official Journal of the European Communities C 87 of 18 March 1997, |
| --- | --- |

1.

Paris (Orly) and Rochefort, published in the
  Official Journal of the European Communities C 87 of 18 March 1997,

| 2. | Montluçon and Paris (Orly), published in the
  Official Journal of the European Communities C 358 of 15 December 2001, |
| --- | --- |

2.

Montluçon and Paris (Orly), published in the
  Official Journal of the European Communities C 358 of 15 December 2001,

| 3. | La Rochelle and Poitiers, published in the
  Official Journal of the European Communities C 227 of 1 September 1995, |
| --- | --- |

3.

La Rochelle and Poitiers, published in the
  Official Journal of the European Communities C 227 of 1 September 1995,

| 4. | Reims and Bordeaux, published in the
  Official Journal of the European Communities C 390 of 23 December 1997, |
| --- | --- |

4.

Reims and Bordeaux, published in the
  Official Journal of the European Communities C 390 of 23 December 1997,

| 5. | Roanne and Paris (Orly), published in the
  Official Journal of the European Communities C 166 of 12 July 2002, |
| --- | --- |

5.

Roanne and Paris (Orly), published in the
  Official Journal of the European Communities C 166 of 12 July 2002,

| 6. | Pau and Clermont-Ferrand, published in the
  Official Journal of the European Communities C 240 of 15 September 1995, |
| --- | --- |

6.

Pau and Clermont-Ferrand, published in the
  Official Journal of the European Communities C 240 of 15 September 1995,

| 7. | Reims and Lyon (Saint-Exupéry), published in the
  Official Journal of the European Communities C 76 of 27 March 2002, and |
| --- | --- |

7.

Reims and Lyon (Saint-Exupéry), published in the
  Official Journal of the European Communities C 76 of 27 March 2002, and

| 8. | Paris (Orly) and Albi, published in the
  Official Journal of the European Communities C 284 of 28 October 1995. |
| --- | --- |

8.

Paris (Orly) and Albi, published in the
  Official Journal of the European Communities C 284 of 28 October 1995.

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| 4.11.2004 | EN | Official Journal of the European Union | C 268/6 |
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4.11.2004

EN

Official Journal of the European Union

C 268/6

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NO-Oslo: operation of scheduled air services

Invitation to tender published by Norway pursuant to Article 4.1(d) of the act referred to in point 64a in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) for operation of scheduled air services on the route Værøy (heliport) – Bodø v.v.

(2004/C 268/06)

| 1. | Introduction: Pursuant to Article 4.1(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (http://europa.eu.int/eur-lex/en/lif/dat/1992/en_392R2408.html), Norway has decided to impose new public service obligations on regional air services Værøy – Bodø v.v. as of 1 August 2005, as published 4.11.2004 in Official Journal of the European Union No C 268 and the EEA Supplement No 54.
  Insofar as by two months from the latest day of submission of tenders, see section 12 of this publication, no air carrier has provided documentary evidence to the Ministry of Transport and Communications of commencing scheduled flights on 1 August 2005 in conformity with the public service obligations imposed on the route Værøy – Bodø v.v., without demanding financial compensation or market protection, Norway will apply the tender procedure provided for by Article 4.1(d) of the same regulation, thereby limiting access as of 1 August 2005 to only one air carrier for the route. |
| --- | --- |

1.

Introduction: Pursuant to Article 4.1(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (http://europa.eu.int/eur-lex/en/lif/dat/1992/en_392R2408.html), Norway has decided to impose new public service obligations on regional air services Værøy – Bodø v.v. as of 1 August 2005, as published 4.11.2004 in Official Journal of the European Union No C 268 and the EEA Supplement No 54.

Insofar as by two months from the latest day of submission of tenders, see section 12 of this publication, no air carrier has provided documentary evidence to the Ministry of Transport and Communications of commencing scheduled flights on 1 August 2005 in conformity with the public service obligations imposed on the route Værøy – Bodø v.v., without demanding financial compensation or market protection, Norway will apply the tender procedure provided for by Article 4.1(d) of the same regulation, thereby limiting access as of 1 August 2005 to only one air carrier for the route.

| 2. | Objective of the invitation to tender: To provide, with effect from 1 August 2005, scheduled air services on the route Værøy – Bodø v.v. in accordance with the imposed public service obligations, as published 4.11.2004.
  The Ministry of Transport and Communications reserves the right to amend the public service requirement as a result of altered conditions of airport approvals. If such changes occur, the Ministry may call for a new public tender on the specific route-area.
  It is a prerequisite that the tendering operators carefully study the special conditions related to the relevant airports; hereunder the required adherence to restrictions and limitations valid on the date of submitting the tender, which are imposed on the airspace by military activities; ref. Regulation No 44 of 16 January 2003 on the Flexible Use of Airspace. The location and extent of the training areas and their activation periods are promulgated in AIP Norway, ENR 5.2 and ENR 6.5. Further information on the Letter of Agreement between the Royal Norwegian Air Force and Avinor related to the above mentioned regulation is available from Avinor, Wergelandsveien 1, PO Box 8124 Dep, N-0032 Oslo. |
| --- | --- |

2.

Objective of the invitation to tender: To provide, with effect from 1 August 2005, scheduled air services on the route Værøy – Bodø v.v. in accordance with the imposed public service obligations, as published 4.11.2004.

The Ministry of Transport and Communications reserves the right to amend the public service requirement as a result of altered conditions of airport approvals. If such changes occur, the Ministry may call for a new public tender on the specific route-area.

It is a prerequisite that the tendering operators carefully study the special conditions related to the relevant airports; hereunder the required adherence to restrictions and limitations valid on the date of submitting the tender, which are imposed on the airspace by military activities; ref. Regulation No 44 of 16 January 2003 on the Flexible Use of Airspace. The location and extent of the training areas and their activation periods are promulgated in AIP Norway, ENR 5.2 and ENR 6.5. Further information on the Letter of Agreement between the Royal Norwegian Air Force and Avinor related to the above mentioned regulation is available from Avinor, Wergelandsveien 1, PO Box 8124 Dep, N-0032 Oslo.

| 3. | Eligibility to tender: All air carriers holding a valid operating licence pursuant to Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers are eligible to tender (http://europa.eu.int/eur-lex/en/lif/dat/1992/en_392R2407.html). |
| --- | --- |

3.

Eligibility to tender: All air carriers holding a valid operating licence pursuant to Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers are eligible to tender (http://europa.eu.int/eur-lex/en/lif/dat/1992/en_392R2407.html).

4.   Tender procedure: This invitation to tender is subject to the provisions of subparagraphs (d), (e), (f), (g), (h) and (i) of Article 4.1 of Council Regulation (EEC) No 2408/92.

Overdue tenders and tenders not in conformity with the invitation to tender will be rejected [Reject = the tender is dismissed without further investigation. Reference is made to §§ 9, 11 and 12 of the Norwegian Regulation of 15 April 1994 on tender procedures in connection with public service obligations to implement Council Regulation (EEC) No 2408/92 Article 4.

Section 9:   Details regarding overdue tenders

Tenders arriving after the closing date for submission of tenders, see section 6, shall be rejected as overdue and be returned.

However, this does not apply to tenders which arrive after the closing date but before the opening of the tenders provided it is clear from the postmark that, given normal postal service schedules, the tender was mailed early enough for it to have arrived before the deadline, or the tenderer in question has proven this by a receipt from Norway Post before the opening of the tenders.

The rejection decision, including the grounds for it shall be entered in the register of tenders.

Section 11:   Rejection

| 1. | A tender shall be rejected if: the tender as it appears at the final date fails to fulfil the requirements for participation in the competition, cf. section 3. |
| --- | --- |

1.

A tender shall be rejected if: the tender as it appears at the final date fails to fulfil the requirements for participation in the competition, cf. section 3.

| 2. | A tender may after closer assessment be rejected if:






  a) | the tender does not contain all the information prescribed in the invitation to tender; |
| --- | --- | --- |

2.

A tender may after closer assessment be rejected if:

a)

the tender does not contain all the information prescribed in the invitation to tender;

| b) | the tender fails to state the compensation required as prescribed in the invitation to tender, cf. section 8, litera h); |
| --- | --- |

b)

the tender fails to state the compensation required as prescribed in the invitation to tender, cf. section 8, litera h);

| c) | the tenderer is unable to start up within the time-limit prescribed in the invitation to tender, cf. section 8, litera p); |
| --- | --- |

c)

the tenderer is unable to start up within the time-limit prescribed in the invitation to tender, cf. section 8, litera p);

| d) | the tender requires compensation that is unreasonable in relation to the service to be provided and the tenderer is unable to provide a satisfactory reason for this.
  The register of tenders shall make clear which tenders are rejected and the reason for rejection, cf. section 10, litera f). |
| --- | --- |

d)

the tender requires compensation that is unreasonable in relation to the service to be provided and the tenderer is unable to provide a satisfactory reason for this.

The register of tenders shall make clear which tenders are rejected and the reason for rejection, cf. section 10, litera f).

Section 12:   Criteria for exclusion of tenderers

| 1. | Principals may when selecting a tenderer and when awarding a contract exclude any tenderer who:






  a) | is bankrupt, is engaged in debt settlement proceedings or is being wound up, who has halted his business activities or who is in any analogous situation arising from a similar procedure pursuant to national laws or regulations; |
| --- | --- | --- |

1.

Principals may when selecting a tenderer and when awarding a contract exclude any tenderer who:

a)

is bankrupt, is engaged in debt settlement proceedings or is being wound up, who has halted his business activities or who is in any analogous situation arising from a similar procedure pursuant to national laws or regulations;

| b) | is the subject of proceeding for a declaration of bankruptcy, for debt settlement, for an order for compulsory winding up or is the subject of any other similar proceedings pursuant to national laws or regulations; |
| --- | --- |

b)

is the subject of proceeding for a declaration of bankruptcy, for debt settlement, for an order for compulsory winding up or is the subject of any other similar proceedings pursuant to national laws or regulations;

| c) | has been convicted by final judgement of an offence concerning his professional conduct; |
| --- | --- |

c)

has been convicted by final judgement of an offence concerning his professional conduct;

| d) | has been guilty of grave breaches of professional and ethical standards in his line of business, which have been proven by any means which the principal approves; |
| --- | --- |

d)

has been guilty of grave breaches of professional and ethical standards in his line of business, which have been proven by any means which the principal approves;

| e) | has not fulfilled obligations relating to the payment of taxes and levies in accordance with national laws of the State in which he is established, or of Norway; |
| --- | --- |

e)

has not fulfilled obligations relating to the payment of taxes and levies in accordance with national laws of the State in which he is established, or of Norway;

| f) | is guilty of serious misrepresentation in supplying the information required under sections 8 and 13. |
| --- | --- |

f)

is guilty of serious misrepresentation in supplying the information required under sections 8 and 13.

| 2. | Where the principal requires tenderer proof that none of the cases mentioned in a), b), c), e) or f) of subsection 1 applies to him, the principal may accept as sufficient evidence:






  a) | for a), b) or c), an extract from the National Register of Convictions or the National Register of Insolvencies. Failing this, an equivalent document issued by a judicial or administrative authority in the tenderer's home State or State where he is currently present showing that none of these cases applies to the tenderer; |
| --- | --- | --- |

2.

Where the principal requires tenderer proof that none of the cases mentioned in a), b), c), e) or f) of subsection 1 applies to him, the principal may accept as sufficient evidence:

a)

for a), b) or c), an extract from the National Register of Convictions or the National Register of Insolvencies. Failing this, an equivalent document issued by a judicial or administrative authority in the tenderer's home State or State where he is currently present showing that none of these cases applies to the tenderer;

| b) | for e) or f), a certificate issued by the competent authority in the State concerned]. |
| --- | --- |

b)

for e) or f), a certificate issued by the competent authority in the State concerned].

The Ministry of Transport and Communications reserves the right to apply subsequent negotiations if all tenders submitted are incorrect [cf. section 11 of regulation on tender procedures in connection with public service obligations to implement Council Regulation (EEC) No 2408/92 of 15 April 1994 No 256 (cf. footnote No 1 above)], unacceptable [cf. chapter III section 5] or is unsuitable. Such negotiations shall be in accordance with the public service obligations imposed and without making substantial changes in the original tender conditions [cf. section 4 No 2 of the Norwegian Regulation of 15 April 1994 on tender procedures in connection with public service obligations to implement Council Regulation (EEC) No 2408/92, Article 4].

If the subsequent negotiations do not lead to an acceptable solution [cf. section 11 of the Norwegian Regulation of 15 April 1994 on tender procedures in connection with public service obligations to implement Council Regulation (EEC) No 2408/92 Article 4 and the invitation to tender chapter III No 5], the Ministry of Transport and Communications reserves the right to cancel the entire tender procedure. In that case a new invitation to tender on new terms may be published.

In case reasonable grounds appear as a result of the tender, the Ministry of Transport and Communications reserves the right to refuse [Refuse = the tender is closed after the tender (and its contents) is evaluated] each and all tenders.

The tender is binding on the tenderer until the award is made.

5.   Award

| 5.1 | As the principal rule, see also section 5.2 of this publication, the award shall be made to the tender requiring the lowest amount of compensation for the period 1 August 2005 – 31 July 2008. |
| --- | --- |

5.1

As the principal rule, see also section 5.2 of this publication, the award shall be made to the tender requiring the lowest amount of compensation for the period 1 August 2005 – 31 July 2008.

| 5.2 | In case the award cannot be made subject to the provisions of 5.1 because there are tenders requiring identical amounts of compensation, the award shall be made to the tender offering the highest number of seats the period 1 August 2005 – 31 July 2008. |
| --- | --- |

5.2

In case the award cannot be made subject to the provisions of 5.1 because there are tenders requiring identical amounts of compensation, the award shall be made to the tender offering the highest number of seats the period 1 August 2005 – 31 July 2008.

| 6. | Tender file: The full file for invitation to tender, containing the impositions of public service obligations, the specific rules to the invitation to tender (Norwegian Regulation on tender procedures in connection with public service obligations to implement Council Regulation (EEC) No 2408/92, Article 4), the standard contract and tender budget, may be obtained free of charge from the principal:
  Ministry of Transport and Communications, PO Box 8010 Dep, N-0030 Oslo. Tel.: + 47 22 24 8 3 53. Fax: + 47 22 24 56 09.
  The documentation is also available on the Internet:
  http://www.odin.dep.no/sd/engelsk/aktuelt/tenders/index-b-n-a.html. |
| --- | --- |

6.

Tender file: The full file for invitation to tender, containing the impositions of public service obligations, the specific rules to the invitation to tender (Norwegian Regulation on tender procedures in connection with public service obligations to implement Council Regulation (EEC) No 2408/92, Article 4), the standard contract and tender budget, may be obtained free of charge from the principal:

Ministry of Transport and Communications, PO Box 8010 Dep, N-0030 Oslo. Tel.: + 47 22 24 8 3 53. Fax: + 47 22 24 56 09.

The documentation is also available on the Internet:

http://www.odin.dep.no/sd/engelsk/aktuelt/tenders/index-b-n-a.html.

| 7. | Financial compensation: The tenders submitted shall be in accordance with the tender budget included in the tender dossier and explicitly mention the compensation in Norwegian kroner (NOK) required for operation of the service in question during the contract period 1 August 2005 – 31 July 2008. The tenders shall be based on the price level for the first operating year, i.e. 1 August 2005 – 31 July 2006.
  The exact amount of compensation granted for the 2nd and 3rd operating year shall be based on an operating revenue and operating cost adjustment of the tender budget. These adjustments shall be within the limits of the consumer price index for the 12-month period ending 15 February the same year, as made public by Statistics Norway http://www.ssb.no/english/.
  The operator shall retain all revenue generated by the service and is fully responsible for the expenses, however, re-negotiation in accordance with the standard contract may apply in case of substantial and unforeseeable changes in the assumptions underlying it. |
| --- | --- |

7.

Financial compensation: The tenders submitted shall be in accordance with the tender budget included in the tender dossier and explicitly mention the compensation in Norwegian kroner (NOK) required for operation of the service in question during the contract period 1 August 2005 – 31 July 2008. The tenders shall be based on the price level for the first operating year, i.e. 1 August 2005 – 31 July 2006.

The exact amount of compensation granted for the 2nd and 3rd operating year shall be based on an operating revenue and operating cost adjustment of the tender budget. These adjustments shall be within the limits of the consumer price index for the 12-month period ending 15 February the same year, as made public by Statistics Norway http://www.ssb.no/english/.

The operator shall retain all revenue generated by the service and is fully responsible for the expenses, however, re-negotiation in accordance with the standard contract may apply in case of substantial and unforeseeable changes in the assumptions underlying it.

| 8. | Fares and timetables: The tenders submitted shall specify the fares and the conditions thereto. The fares shall be in accordance with the public service obligations published 4.11.2004.
  The Ministry of Transport and Communications reserves the right to alter the Ministry's circular N-8/97 on procedures in connection with traffic programmes and fares for scheduled air services in Norway. |
| --- | --- |

8.

Fares and timetables: The tenders submitted shall specify the fares and the conditions thereto. The fares shall be in accordance with the public service obligations published 4.11.2004.

The Ministry of Transport and Communications reserves the right to alter the Ministry's circular N-8/97 on procedures in connection with traffic programmes and fares for scheduled air services in Norway.

| 9. | Duration, amendment and termination of the contract: The contract shall start on 1 August 2005 and end 31 July 2008.
  A review of the implementation of the contract shall be carried out in concert with the carrier during the six weeks following the end of the contract period.
  The contract may not be modified unless the changes are in accordance with the public service obligations. Any modification of the contract shall be recorded in an annex thereto. |
| --- | --- |

9.

Duration, amendment and termination of the contract: The contract shall start on 1 August 2005 and end 31 July 2008.

A review of the implementation of the contract shall be carried out in concert with the carrier during the six weeks following the end of the contract period.

The contract may not be modified unless the changes are in accordance with the public service obligations. Any modification of the contract shall be recorded in an annex thereto.

| 10. | Breach of contract/cancellation: In the event of substantial breach of the contract, it may be cancelled with immediate effect by the other party.
  Subject to the restrictions following insolvency law, the Ministry of Transport and Communications may cancel the contract with immediate effect if the operator becomes insolvent, initiates debt settlement proceedings or goes bankrupt. Equally the Ministry of Transport and Communications may cancel the contract in the other cases dealt with in section 12 of Regulation on tender procedures in connection with public service obligation, which is included in the tender file (http://www.lovdata.no/for/sf/sd/sd-19940415-0256.html).
  If the operator owing to force majeure or other factors outside his control has been unable to comply with the public service obligations as stated in the contract for more than four of the past six months, the contract may be cancelled at one month's written notice.
  The Ministry of Transport and Communications may cancel the contract with immediate effect if the operator has his licence revoked or it is not renewed.
  Notwithstanding any action for damages, the financial compensation shall be reduced in proportion to the total number of flights cancelled for reasons directly attributable to the carrier, if the number of flights cancelled for such reasons during an operating year exceeds 1,5 % of the planned number of flights. |
| --- | --- |

10.

Breach of contract/cancellation: In the event of substantial breach of the contract, it may be cancelled with immediate effect by the other party.

Subject to the restrictions following insolvency law, the Ministry of Transport and Communications may cancel the contract with immediate effect if the operator becomes insolvent, initiates debt settlement proceedings or goes bankrupt. Equally the Ministry of Transport and Communications may cancel the contract in the other cases dealt with in section 12 of Regulation on tender procedures in connection with public service obligation, which is included in the tender file (http://www.lovdata.no/for/sf/sd/sd-19940415-0256.html).

If the operator owing to force majeure or other factors outside his control has been unable to comply with the public service obligations as stated in the contract for more than four of the past six months, the contract may be cancelled at one month's written notice.

The Ministry of Transport and Communications may cancel the contract with immediate effect if the operator has his licence revoked or it is not renewed.

Notwithstanding any action for damages, the financial compensation shall be reduced in proportion to the total number of flights cancelled for reasons directly attributable to the carrier, if the number of flights cancelled for such reasons during an operating year exceeds 1,5 % of the planned number of flights.

| 11. | Airline codes: The flights cannot carry any other airline codes than the tenderer's own and cannot be part of any code-sharing agreement. |
| --- | --- |

11.

Airline codes: The flights cannot carry any other airline codes than the tenderer's own and cannot be part of any code-sharing agreement.

| 12. | Submission of tenders: Tenders must be sent by registered post with acknowledgement of receipt, in which case the postmark will be accepted as a proof of submission, or delivered by hand in return for a receipt, to:





  Ministry of Transport and Communications, |
| --- | --- |
| Akersgata 59 (visiting address), |
| PO Box 8010 Dep, N-0030 Oslo, |

12.

Submission of tenders: Tenders must be sent by registered post with acknowledgement of receipt, in which case the postmark will be accepted as a proof of submission, or delivered by hand in return for a receipt, to:

Ministry of Transport and Communications,

Akersgata 59 (visiting address),

PO Box 8010 Dep, N-0030 Oslo,

not later than 6.12.2004, at 15.00 local time.

All tenders must be submitted in three (3) copies.

| 13. | Validity of the invitation to tender: This invitation to tender shall be valid only to the extent that no EEA air carrier by two months from the latest day of submission of tenders, see section 12 of this publication, has provided documentary evidence to the Ministry of Transport and Communications of commencing scheduled air services on 1 August 2005 in accordance with the public service obligations imposed on the route Værøy – Bodø v.v., without demanding financial compensation or market protection. |
| --- | --- |

13.

Validity of the invitation to tender: This invitation to tender shall be valid only to the extent that no EEA air carrier by two months from the latest day of submission of tenders, see section 12 of this publication, has provided documentary evidence to the Ministry of Transport and Communications of commencing scheduled air services on 1 August 2005 in accordance with the public service obligations imposed on the route Værøy – Bodø v.v., without demanding financial compensation or market protection.

---

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 4.11.2004 | EN | Official Journal of the European Union | C 268/9 |
| --- | --- | --- | --- |

4.11.2004

EN

Official Journal of the European Union

C 268/9

---

Communication from the EFTA Surveillance Authority pursuant to Article 4.1(a) of the Act referred to in point 64a of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes)

Imposition of new public service obligations in respect of scheduled air services on the route Værøy (heliport) – Bodø v.v.

(2004/C 268/07)

1.   INTRODUCTION

Pursuant to Article 4.1(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (http://europa.eu.int/eur-lex/en/lif/dat/1992/en_392R2408.html), Norway has decided to impose new public service obligations as of 1 August 2005 in respect of scheduled air services on the following route:

Værøy (heliport) – Bodø v.v.

2.   THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE FOLLOWING:

2.1.   Minimum frequencies, seating capacity, routing and timetables

A daily service obligation applies in both directions.

Frequencies:

| — | 1 February to 31 October: minimum two daily return services Monday to Friday, one on Saturday and one on Sunday. |
| --- | --- |

—

1 February to 31 October: minimum two daily return services Monday to Friday, one on Saturday and one on Sunday.

| — | 1 November to 31 January: minimum one daily return service. |
| --- | --- |

—

1 November to 31 January: minimum one daily return service.

Seating capacity:

| — | 1 February to 31 October: in both directions at least 180 seats shall be offered weekly. |
| --- | --- |

—

1 February to 31 October: in both directions at least 180 seats shall be offered weekly.

| — | 1 November to 31 January: in both directions at least 105 seats shall be offered weekly. |
| --- | --- |

—

1 November to 31 January: in both directions at least 105 seats shall be offered weekly.

| — | If the number of seats occupied during the period 1 January to 30 June or 1 August to 30 November exceeds 70 % of the number of seats offered, the carrier shall increase the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the Annex to this publication. |
| --- | --- |

—

If the number of seats occupied during the period 1 January to 30 June or 1 August to 30 November exceeds 70 % of the number of seats offered, the carrier shall increase the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the Annex to this publication.

| — | If the number of seats occupied during the period 1 January to 30 June or 1 August to 30 November is lower than 35 % of the number of seats offered, the carrier may reduce the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the Annex to this publication. |
| --- | --- |

—

If the number of seats occupied during the period 1 January to 30 June or 1 August to 30 November is lower than 35 % of the number of seats offered, the carrier may reduce the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the Annex to this publication.

Timetables:

Account shall be taken of the public demand for air travel.

In addition, the following apply to the required flights on Monday to Friday (local times):

| — | 1 to 28/29 February: at least 3 hrs 30 min between first arrival in Bodø and last departure from Bodø. |
| --- | --- |

—

1 to 28/29 February: at least 3 hrs 30 min between first arrival in Bodø and last departure from Bodø.

| — | 1 March to 30 September: at least 5 hrs 30 min between first arrival in Bodø and last departure from Bodø. |
| --- | --- |

—

1 March to 30 September: at least 5 hrs 30 min between first arrival in Bodø and last departure from Bodø.

| — | 1 to 31 October: at least 5 hrs 15 min between first arrival in Bodø and last departure from Bodø. |
| --- | --- |

—

1 to 31 October: at least 5 hrs 15 min between first arrival in Bodø and last departure from Bodø.

2.2.   Aircraft category

Helicopters registered for a minimum of 15 passengers shall be used for the required flights.

Carriers' attention is especially drawn to the fact that VFR daylight conditions apply to operations at Værøy heliport. For further information, please contact:

Luftfartstilsynet (Civil Aviation Authority), Postboks 8050 Dep, N-0031 Oslo, Tel. (47) 23 31 78 00

2.3.   Fares

| — | Maximum basic one-way fare (fully flexible) for the operating period 1 August 2005 to 31 July 2006 may not exceed NOK 755. |
| --- | --- |

—

Maximum basic one-way fare (fully flexible) for the operating period 1 August 2005 to 31 July 2006 may not exceed NOK 755.

| — | The carrier is responsible for making the tickets available at a price not exceeding the maximum basic one-way fare through at least one sales channel. The carrier is also responsible for keeping the customers informed about how such tickets are available. |
| --- | --- |

—

The carrier is responsible for making the tickets available at a price not exceeding the maximum basic one-way fare through at least one sales channel. The carrier is also responsible for keeping the customers informed about how such tickets are available.

| — | For each subsequent year the maximum fare may be adjusted on 1 August up to the limit of the consumer price index for the 12-month period ending 15 June the same year, as made public by Statistics Norway (http://www.ssb.no/english/). |
| --- | --- |

—

For each subsequent year the maximum fare may be adjusted on 1 August up to the limit of the consumer price index for the 12-month period ending 15 June the same year, as made public by Statistics Norway (http://www.ssb.no/english/).

| — | The carrier shall be party to the domestic interline agreements in force at any time, and shall offer all discounts available under such agreements. |
| --- | --- |

—

The carrier shall be party to the domestic interline agreements in force at any time, and shall offer all discounts available under such agreements.

| — | Social discounts conforming to the usual practice shall be offered. |
| --- | --- |

—

Social discounts conforming to the usual practice shall be offered.

2.4.   Service continuity

The number of flights cancelled for reasons directly attributable to the carrier must not exceed 1,5 % of the intended number of flights on an annual basis.

2.5.   Cooperation arrangements

Following a tender procedure, which limits access to the route Værøy – Bodø v.v. to one carrier, these conditions apply:

Fares:

| — | All connecting fares to/from other air services shall be offered on equal terms for all carriers. Exempted from this are connecting fares to/from other services carried out by the tenderer, provided that the fare is maximum 40 % of the fully flexible fare. |
| --- | --- |

—

All connecting fares to/from other air services shall be offered on equal terms for all carriers. Exempted from this are connecting fares to/from other services carried out by the tenderer, provided that the fare is maximum 40 % of the fully flexible fare.

| — | Bonus points from frequent flyer programmes can neither be earned nor redeemed on the flights. |
| --- | --- |

—

Bonus points from frequent flyer programmes can neither be earned nor redeemed on the flights.

Transfer conditions:

| — | All conditions set out by the carrier for the transfer of passengers to and from other carriers' routes, including connecting times and through check-in of tickets and baggage, shall be objective and non-discriminatory. |
| --- | --- |

—

All conditions set out by the carrier for the transfer of passengers to and from other carriers' routes, including connecting times and through check-in of tickets and baggage, shall be objective and non-discriminatory.

3.   OTHER

These public service obligations replace those published for the route Værøy – Bodø v.v. in
  Official Journal of the European Communities C 27 of 31 January 2002.

4.   INFORMATION

Further information can be obtained from:

| Ministry of Transport and Communications |
| --- |
| PO Box 8010 Dep |
| N-0030 Oslo |
| Telephone (47) 22 24 82 41, fax (47) 22 24 95 72 |

Ministry of Transport and Communications

PO Box 8010 Dep

N-0030 Oslo

Telephone (47) 22 24 82 41, fax (47) 22 24 95 72

This documentation is also available on the internet: http://www.odin.dep.no/sd/engelsk/aktuelt/tenders/index-b-n-a.html

---

ANNEX

ADJUSTMENT OF PRODUCTION/AVAILABLE SEATS — PRODUCTION ADJUSTMENT CLAUSE

1.   Purpose of the production adjustment clause

The purpose of the production adjustment clause is to ensure that supplied capacity/seats offered by the operator is adjusted to changes in market demand. Whenever the number of passengers increases significantly and exceeds the following specified limits for the percentage of seats occupied at any time (the passenger load factor), the operator shall increase available seats offered. The operator may accordingly decrease available seats offered when the number of passengers decreases significantly. See specification below in 3.

2.   Periods for measuring passenger load factors

The periods during which the passenger load factor shall be monitored and assessed run from 1 January to 30 June inclusive and 1 August to 30 November inclusive.

3.   Conditions for changing production/available seats offered

3.1.   Conditions for increasing production

| 3.1.1. | An increase in production/available seats offered shall take place when the average passenger load factor on each single route encompassed by public service obligations is higher than 70 %. When the average passenger load factor on these routes exceeds 70 % in any of the periods mentioned in 2, the operator shall increase production/available seats offered by at least 10 % on these routes, at latest from the start of the following IATA traffic season. Production/available seats offered shall be increased at least so that the average passenger load factor does not exceed 70 %. |
| --- | --- |

3.1.1.

An increase in production/available seats offered shall take place when the average passenger load factor on each single route encompassed by public service obligations is higher than 70 %. When the average passenger load factor on these routes exceeds 70 % in any of the periods mentioned in 2, the operator shall increase production/available seats offered by at least 10 % on these routes, at latest from the start of the following IATA traffic season. Production/available seats offered shall be increased at least so that the average passenger load factor does not exceed 70 %.

| 3.1.2. | When increasing production/available seats offered according to the above, the new production may take place by using aircraft with lower seating capacity than specified in the original tender, if preferred by the operator. |
| --- | --- |

3.1.2.

When increasing production/available seats offered according to the above, the new production may take place by using aircraft with lower seating capacity than specified in the original tender, if preferred by the operator.

3.2.   Conditions for decreasing production

| 3.2.1. | A decrease in production/available seats offered may take place when the average passenger load factor on each single route encompassed by public service obligations is lower than 35 %. When the average passenger load factor on these routes is lower than 35 % in any of the periods mentioned in 2, the operator may decrease production/available seats offered by no more than 25 % on these routes from the first day after the end of the abovementioned periods. |
| --- | --- |

3.2.1.

A decrease in production/available seats offered may take place when the average passenger load factor on each single route encompassed by public service obligations is lower than 35 %. When the average passenger load factor on these routes is lower than 35 % in any of the periods mentioned in 2, the operator may decrease production/available seats offered by no more than 25 % on these routes from the first day after the end of the abovementioned periods.

| 3.2.2. | On routes with more than two daily frequencies offered in each direction, reduction in production according to 3.2.1 shall take place by reducing frequencies offered. The only exception to this is when the operator uses aircraft with larger seating capacity than the minimum specified in the imposition of public service obligations. The operator may then use smaller aircraft, however, not with lower seating capacity than the minimum specified in the imposition of public service obligations. |
| --- | --- |

3.2.2.

On routes with more than two daily frequencies offered in each direction, reduction in production according to 3.2.1 shall take place by reducing frequencies offered. The only exception to this is when the operator uses aircraft with larger seating capacity than the minimum specified in the imposition of public service obligations. The operator may then use smaller aircraft, however, not with lower seating capacity than the minimum specified in the imposition of public service obligations.

| 3.2.3. | On routes with only one or two daily frequencies offered in each direction, reduction in available seats offered can only take place by using aircraft with lower seating capacity than specified in the imposition of public service obligations. |
| --- | --- |

3.2.3.

On routes with only one or two daily frequencies offered in each direction, reduction in available seats offered can only take place by using aircraft with lower seating capacity than specified in the imposition of public service obligations.

4.   Procedures for changes in production

| 4.1. | The Norwegian Ministry of Transport and Communications has the responsibility subject to law for approving proposed time schedules submitted by the operator, including changes in production. Reference is made to Circular N-8/97 of the Norwegian Ministry of Transport and Communications, included in the tender file. |
| --- | --- |

4.1.

The Norwegian Ministry of Transport and Communications has the responsibility subject to law for approving proposed time schedules submitted by the operator, including changes in production. Reference is made to Circular N-8/97 of the Norwegian Ministry of Transport and Communications, included in the tender file.

| 4.2. | When production shall be increased according to 3.1, time schedules for new production/new seats should be agreed between the operator and the county (counties) as administrative unit affected. |
| --- | --- |

4.2.

When production shall be increased according to 3.1, time schedules for new production/new seats should be agreed between the operator and the county (counties) as administrative unit affected.

| 4.3. | If new production shall be offered according to 3.1, and the operator and the county (counties) as administrative unit affected cannot agree upon time schedules according to 4.2, the operator can seek approval from the Norwegian Ministry of Transport and Communications according to 4.1 for a different time schedule for the new production/new seats offered. This does not mean that the operator may apply for approval of a time schedule that does not include the required increase in production. There must exist substantial reasons for time schedules for new production/new seats diverging from those which could be agreed by the county (counties) as administrative unit affected according to 4.2, as a condition for the Ministry to approve such a proposal from the operator. |
| --- | --- |

4.3.

If new production shall be offered according to 3.1, and the operator and the county (counties) as administrative unit affected cannot agree upon time schedules according to 4.2, the operator can seek approval from the Norwegian Ministry of Transport and Communications according to 4.1 for a different time schedule for the new production/new seats offered. This does not mean that the operator may apply for approval of a time schedule that does not include the required increase in production. There must exist substantial reasons for time schedules for new production/new seats diverging from those which could be agreed by the county (counties) as administrative unit affected according to 4.2, as a condition for the Ministry to approve such a proposal from the operator.

5.   Unchanged remuneration when changing production

| 5.1. | The remuneration to the operator remains unchanged when increasing production according to 3.1. |
| --- | --- |

5.1.

The remuneration to the operator remains unchanged when increasing production according to 3.1.

| 5.2. | The remuneration to the operator remains unchanged when decreasing production according to 3.2. |
| --- | --- |

5.2.

The remuneration to the operator remains unchanged when decreasing production according to 3.2.

---

III Notices

Commission

| 4.11.2004 | EN | Official Journal of the European Union | C 268/14 |
| --- | --- | --- | --- |

4.11.2004

EN

Official Journal of the European Union

C 268/14

---

Call for proposals for indirect RTD actions under the specific programme for research, technological development and demonstration: ‘Structuring the European Research Area’

Scheme: Trans-national access, integrating activities and accompanying measures

(Call identifier: FP6-2004-Infrastructures-5)

(2004/C 268/08)

Re-publication of 2004/C 263/11

| 1. | In accordance with Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities contributing to the creation of the European Research Area and to innovation (2002 to 2006) (1), the Council adopted on 30 September 2002 the specific programme for research, technological development and demonstration: ‘Structuring the European Research Area’ (2002-2006) (2) (referred to as ‘the specific programme’).
  In accordance with Article 5(1) of the specific programme, the Commission of the European Communities (referred to as ‘the Commission’) has adopted on 30 September 2002 a work programme (3) (referred to as ‘the work programme’) setting out in greater detail the objectives and scientific and technological priorities of the specific programme, and the timetable for implementation.
  In accordance with Article 9(1) of the Regulation of the European Parliament and of the Council of 16 December 2002 concerning the rules for the participation of undertakings, research centres and universities in, and for the dissemination of research results for, the implementation of the European Community sixth framework programme (2002 to 2006) (4) (referred to as ‘the rules for participation’), proposals for indirect RTD actions should be submitted under the terms of calls for proposals. |
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1.

In accordance with Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities contributing to the creation of the European Research Area and to innovation (2002 to 2006) (1), the Council adopted on 30 September 2002 the specific programme for research, technological development and demonstration: ‘Structuring the European Research Area’ (2002-2006) (2) (referred to as ‘the specific programme’).

In accordance with Article 5(1) of the specific programme, the Commission of the European Communities (referred to as ‘the Commission’) has adopted on 30 September 2002 a work programme (3) (referred to as ‘the work programme’) setting out in greater detail the objectives and scientific and technological priorities of the specific programme, and the timetable for implementation.

In accordance with Article 9(1) of the Regulation of the European Parliament and of the Council of 16 December 2002 concerning the rules for the participation of undertakings, research centres and universities in, and for the dissemination of research results for, the implementation of the European Community sixth framework programme (2002 to 2006) (4) (referred to as ‘the rules for participation’), proposals for indirect RTD actions should be submitted under the terms of calls for proposals.

| 2. | The present call for proposals for indirect RTD actions (referred to as ‘the call’) comprises the present general part and the specific conditions that are described in the Annex. The Annex indicates, in particular, the date of closure for the submission of proposals for indirect RTD actions, an indicative date for the completion of the evaluations, the indicative budget, the instruments and the areas concerned, the evaluation criteria for the evaluation of proposals for indirect RTD actions, the minimum number of participants, and any applicable restrictions. |
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2.

The present call for proposals for indirect RTD actions (referred to as ‘the call’) comprises the present general part and the specific conditions that are described in the Annex. The Annex indicates, in particular, the date of closure for the submission of proposals for indirect RTD actions, an indicative date for the completion of the evaluations, the indicative budget, the instruments and the areas concerned, the evaluation criteria for the evaluation of proposals for indirect RTD actions, the minimum number of participants, and any applicable restrictions.

| 3. | Natural or legal persons fulfilling the conditions stated in the rules for participation and that do not fall under any of the exclusion cases in the rules for participation or in Article 114(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) (referred to as ‘the proposers’) are invited to submit to the Commission proposals for indirect RTD actions subject to the conditions in the rules for participation and in the call concerned being fulfilled.
  The conditions of participation of the proposers will be verified within the framework of the negotiation of the indirect RTD action. Before that, however, proposers will have signed a declaration stating that they do not fall under any of the cases given by Article 93(1) of the Financial Regulation. They will also have given the Commission the information listed in Article 173(2) of the Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6).
  The European Community has adopted an equal opportunities policy and, on this basis, women are particularly encouraged to either submit proposals for indirect RTD actions or participate in the submission of proposals for indirect RTD actions. |
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3.

Natural or legal persons fulfilling the conditions stated in the rules for participation and that do not fall under any of the exclusion cases in the rules for participation or in Article 114(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) (referred to as ‘the proposers’) are invited to submit to the Commission proposals for indirect RTD actions subject to the conditions in the rules for participation and in the call concerned being fulfilled.

The conditions of participation of the proposers will be verified within the framework of the negotiation of the indirect RTD action. Before that, however, proposers will have signed a declaration stating that they do not fall under any of the cases given by Article 93(1) of the Financial Regulation. They will also have given the Commission the information listed in Article 173(2) of the Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6).

The European Community has adopted an equal opportunities policy and, on this basis, women are particularly encouraged to either submit proposals for indirect RTD actions or participate in the submission of proposals for indirect RTD actions.

| 4. | The Commission makes available to proposers guides for proposers relating to the call which contain information on the preparation and the submission of a proposal for an indirect RTD action. The Commission also makes available guidelines on proposal evaluation and selection procedures (7). These guides and guidelines, as well as the work programme and other information relating to the call, can be obtained from the Commission at the following address:





  European Commission |
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| The FP6 Information Desk |
| Directorate-General RTD |
| B-1049 Brussels |

4.

The Commission makes available to proposers guides for proposers relating to the call which contain information on the preparation and the submission of a proposal for an indirect RTD action. The Commission also makes available guidelines on proposal evaluation and selection procedures (7). These guides and guidelines, as well as the work programme and other information relating to the call, can be obtained from the Commission at the following address:

European Commission

The FP6 Information Desk

Directorate-General RTD

B-1049 Brussels

Internet address: www.cordis.lu/fp6

| 5. | Proposals for indirect RTD actions are invited to be submitted only as an electronic proposal via the web-based electronic proposal submission system (EPSS (8)). In exceptional cases, however, a coordinator may request permission from the Commission to submit on paper in advance of a call deadline. This should be done by writing to the following address: rtd-infrastructures@cec.eu.int. The request must be accompanied by an explanation of why the exception is being sought. Proposers wishing to use paper submission are responsible for ensuring that such requests for exemption and the associated procedures are completed in time for them to meet the call deadline.
  All proposals for indirect RTD actions must contain two parts: the forms (Part A) and the content (Part B).
  Proposals for indirect RTD actions may be prepared off-line or on-line and submitted on-line. Part B of proposals for indirect RTD actions can only be submitted in PDF (portable document format, compatible with Adobe Version 3 or higher with embedded fonts). Compressed (zipped) files will be excluded.
  The EPSS software tool (for off-line or on-line usage) is available via the Cordis website www.cordis.lu.
  Proposals for indirect RTD actions that are submitted on-line and which are incomplete, illegible or contain viruses will be excluded.
  Versions of proposals for indirect RTD actions submitted on a removable electronic storage medium (e.g. CD-ROM, diskette), by e-mail or by fax will be excluded.
  Any proposal for indirect RTD actions that has been allowed to be submitted on paper and which is incomplete will be excluded.
  Further details on the various proposal submission procedures are given in Annex J to the Guidelines on proposal evaluation and selection procedures. |
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5.

Proposals for indirect RTD actions are invited to be submitted only as an electronic proposal via the web-based electronic proposal submission system (EPSS (8)). In exceptional cases, however, a coordinator may request permission from the Commission to submit on paper in advance of a call deadline. This should be done by writing to the following address: rtd-infrastructures@cec.eu.int. The request must be accompanied by an explanation of why the exception is being sought. Proposers wishing to use paper submission are responsible for ensuring that such requests for exemption and the associated procedures are completed in time for them to meet the call deadline.

All proposals for indirect RTD actions must contain two parts: the forms (Part A) and the content (Part B).

Proposals for indirect RTD actions may be prepared off-line or on-line and submitted on-line. Part B of proposals for indirect RTD actions can only be submitted in PDF (portable document format, compatible with Adobe Version 3 or higher with embedded fonts). Compressed (zipped) files will be excluded.

The EPSS software tool (for off-line or on-line usage) is available via the Cordis website www.cordis.lu.

Proposals for indirect RTD actions that are submitted on-line and which are incomplete, illegible or contain viruses will be excluded.

Versions of proposals for indirect RTD actions submitted on a removable electronic storage medium (e.g. CD-ROM, diskette), by e-mail or by fax will be excluded.

Any proposal for indirect RTD actions that has been allowed to be submitted on paper and which is incomplete will be excluded.

Further details on the various proposal submission procedures are given in Annex J to the Guidelines on proposal evaluation and selection procedures.

| 6. | Proposals for indirect RTD actions have to reach the Commission at the latest on the closure date and at the time specified in the call concerned. Proposals for indirect RTD actions arriving after this date and time will be excluded.
  Proposals for indirect RTD actions not satisfying the conditions relating to the minimum number of participants indicated in the call concerned will be excluded.
  This also applies regarding any additional eligibility criteria given in the work programme. |
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6.

Proposals for indirect RTD actions have to reach the Commission at the latest on the closure date and at the time specified in the call concerned. Proposals for indirect RTD actions arriving after this date and time will be excluded.

Proposals for indirect RTD actions not satisfying the conditions relating to the minimum number of participants indicated in the call concerned will be excluded.

This also applies regarding any additional eligibility criteria given in the work programme.

| 7. | In the case of successive submissions of the same proposal for an indirect RTD action, the Commission will examine the last version received before the closure date and time specified in the call concerned. |
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7.

In the case of successive submissions of the same proposal for an indirect RTD action, the Commission will examine the last version received before the closure date and time specified in the call concerned.

| 8. | If foreseen in the relevant call, proposals for indirect RTD actions could be evaluated in the framework of a future evaluation. |
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8.

If foreseen in the relevant call, proposals for indirect RTD actions could be evaluated in the framework of a future evaluation.

| 9. | In all correspondence relating to a call (e.g. when requesting information, or submitting a proposal for an indirect RTD action), proposers are invited to cite the relevant call identifier. |
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9.

In all correspondence relating to a call (e.g. when requesting information, or submitting a proposal for an indirect RTD action), proposers are invited to cite the relevant call identifier.

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(1)  OJ L 232, 29.8.2002, p. 1.

(2)  OJ L 294, 29.10.2002, p. 44.

(3)  Commission Decision C(2002) 4791, as amended by Decisions C(2003) 635, C(2003) 998, C(2003) 1951, C(2003) 2708, C(2003) 4571, C(2004) 48 and C(2004) 3330, all unpublished.

(4)  OJ L 355, 30.12.2002, p. 23.

(5)  OJ L 248, 16.9.2002, p. 1.

(6)  OJ L 357, 31.12.2002, p. 1.

(7)  C(2003) 883 of 27 March 2003, as last amended by C(2004) 3337 of 1 September 2004.

(8)  The EPSS is a tool to assist proposers to develop and submit their proposals electronically.

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ANNEX

1.   Specific programme: Structuring the European Research Area.

2.   Activity: Support for research infrastructures.

3.   Call title: Trans-national access, integrating activities and accompanying measures.

4.   Call identifier: FP6-2004-Infrastructures-5.

5.   Date of publication: 4 November 2004.

6.   Closure date(s): 3 March 2005, at 17.00 (Brussels local time).

7.   Total indicative budget: EUR 145 Million.

8.   Areas called, instruments and indicative budget per area:

| Area | Instrument  (1) | EUR (millions) |
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| Area 3.2.1: Trans-national access | SSA | 17 |
| Area 3.2.2: Integrating activities | I3 and CA | 126 |
| Area 3.3: Accompanying measures | SSA | 2 |
| Note: It is intended that a consortium supported through an integrated infrastructure initiative cannot be supported at the same time through a coordination action. It is also intended that an infrastructure supported for access within an integrated infrastructure initiative cannot be supported, at the same time, under the individual scheme for trans-national access, or vice-versa, or under a separate Integrated infrastructure initiative. An exception will be made only in those cases where the same infrastructure is offering different services under different contracts, provided a clear distinction can be demonstrated between the corresponding populations of potential users. |

Area

Instrument  (1)

EUR (millions)

Area 3.2.1: Trans-national access

SSA

17

Area 3.2.2: Integrating activities

I3 and CA

126

Area 3.3: Accompanying measures

SSA

2

Note: It is intended that a consortium supported through an integrated infrastructure initiative cannot be supported at the same time through a coordination action. It is also intended that an infrastructure supported for access within an integrated infrastructure initiative cannot be supported, at the same time, under the individual scheme for trans-national access, or vice-versa, or under a separate Integrated infrastructure initiative. An exception will be made only in those cases where the same infrastructure is offering different services under different contracts, provided a clear distinction can be demonstrated between the corresponding populations of potential users.

9.   Minimum number of participants
   (2):

| Instrument | Minimum number of participants |
| --- | --- |
| I3 and CA | Three independent legal entities from three different MS or AS, with at least two MS or ACC. |
| SSA | One legal entity from a MS or AS |

Instrument

Minimum number of participants

I3 and CA

Three independent legal entities from three different MS or AS, with at least two MS or ACC.

SSA

One legal entity from a MS or AS

10.   Restriction to participation: None

11.   Consortia agreements:

| — | Participants in I3 are required to conclude a consortium agreement. |
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—

Participants in I3 are required to conclude a consortium agreement.

| — | Participants in CA and SSA resulting from this call are not required to conclude a consortium agreement. |
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—

Participants in CA and SSA resulting from this call are not required to conclude a consortium agreement.

12.   Evaluation procedure:

| — | The evaluation will follow a single-stage procedure. |
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—

The evaluation will follow a single-stage procedure.

| — | Proposals will not be evaluated anonymously. |
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—

Proposals will not be evaluated anonymously.

| — | Proposals may be evaluated remotely. |
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—

Proposals may be evaluated remotely.

13.   Evaluation criteria: See Annex B1 of the Work Programme for the applicable criteria (including their individual weights and thresholds and the overall threshold) per area and instrument.

14.   Indicative evaluation and contractual timetable:

| — | Evaluation results: estimated to be available within some four months after the closure date. |
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—

Evaluation results: estimated to be available within some four months after the closure date.

| — | Contract signature: it is estimated that the first contracts related to this call will come into force before the end of 2005. |
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—

Contract signature: it is estimated that the first contracts related to this call will come into force before the end of 2005.

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(1)  I3 = integrated infrastructure initiative; CA = coordination action; SSA = specific support action.

Note: It is intended that a consortium supported through an integrated infrastructure initiative cannot be supported at the same time through a coordination action. It is also intended that an infrastructure supported for access within an integrated infrastructure initiative cannot be supported, at the same time, under the individual scheme for trans-national access, or vice-versa, or under a separate Integrated infrastructure initiative. An exception will be made only in those cases where the same infrastructure is offering different services under different contracts, provided a clear distinction can be demonstrated between the corresponding populations of potential users.

(2)  MS = Member States of the EU; AS (incl. ACC) = associated States; ACC = associated candidate countries. Any legal entity established in a Member State or associated State and which is made up of the requested number of participants may be the sole participant in an indirect action.

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4.11.2004

| 4.11.2004 | EN | Official Journal of the European Union | C 268/s3 |
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EN

Official Journal of the European Union

C 268/s3

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