# Official Journal C 248/7 Oc

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 248 |
| | |
| English edition | Information and Notices | Volume 477 October 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 248

English edition

Information and Notices

Volume 477 October 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 248/1 | Euro exchange rates | 1 |
| 2004/C 248/2 | European Centre for the Development of Vocational Training | 2 |
| 2004/C 248/3 | Prior notification of a concentration (Case COMP/M.3561 — Deutsche Telekom/Eurotel) — Candidate case for simplified procedure (
  1
  ) | 3 |
| 2004/C 248/4 | Prior notification of a concentration (Case COMP/M.3544 — BAYER HEALTHCARE/ROCHE (OTC BUSINESS)) (
  1
  ) | 4 |
| 2004/C 248/5 | Initiation of proceedings (Case COMP/M.3423 — RWA/AMI/INTER-FERT (JV)) | 5 |
| 2004/C 248/6 | Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (
  1
  ) | 6 |
| 2004/C 248/7 | Non-opposition to a notified concentration (Case COMP/M.3521 — BRIDGEPOINT/PETS AT HOME GROUP) (
  1
  ) | 14 |
| 2004/C 248/8 | Non-opposition to a notified concentration (Case COMP/M.3559 — FINMECCANICA/AUGUSTA-WESTLAND) (
  1
  ) | 14 |
| | EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2004/C 248/9 | Communication from the EFTA Surveillance Authority under Article 4.1. (a) of the Act referred to in point 64a in 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 Narvik (Framnes) — Bodø v.v. | 15 |

Notice No

Contents

page

I   Information

Commission

2004/C 248/1

Euro exchange rates

1

2004/C 248/2

European Centre for the Development of Vocational Training

2

2004/C 248/3

Prior notification of a concentration (Case COMP/M.3561 — Deutsche Telekom/Eurotel) — Candidate case for simplified procedure (
  1
  )

1

3

2004/C 248/4

Prior notification of a concentration (Case COMP/M.3544 — BAYER HEALTHCARE/ROCHE (OTC BUSINESS)) (
  1
  )

1

4

2004/C 248/5

Initiation of proceedings (Case COMP/M.3423 — RWA/AMI/INTER-FERT (JV))

5

2004/C 248/6

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (
  1
  )

1

6

2004/C 248/7

Non-opposition to a notified concentration (Case COMP/M.3521 — BRIDGEPOINT/PETS AT HOME GROUP) (
  1
  )

1

14

2004/C 248/8

Non-opposition to a notified concentration (Case COMP/M.3559 — FINMECCANICA/AUGUSTA-WESTLAND) (
  1
  )

1

14

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2004/C 248/9

Communication from the EFTA Surveillance Authority under Article 4.1. (a) of the Act referred to in point 64a in 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 Narvik (Framnes) — Bodø v.v.

15

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

---

(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 7.10.2004 | EN | Official Journal of the European Union | C 248/1 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/1

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Euro exchange rates (1)

6 October 2004

(2004/C 248/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2282 |
| JPY | Japanese yen | 136,45 |
| DKK | Danish krone | 7,4413 |
| GBP | Pound sterling | 0,6895 |
| SEK | Swedish krona | 9,0353 |
| CHF | Swiss franc | 1,5543 |
| ISK | Iceland króna | 87,52 |
| NOK | Norwegian krone | 8,27 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5759 |
| CZK | Czech koruna | 31,425 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,79 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6652 |
| MTL | Maltese lira | 0,4289 |
| PLN | Polish zloty | 4,3211 |
| ROL | Romanian leu | 41 070 |
| SIT | Slovenian tolar | 240,02 |
| SKK | Slovak koruna | 40,045 |
| TRL | Turkish lira | 1 849 300 |
| AUD | Australian dollar | 1,7026 |
| CAD | Canadian dollar | 1,5511 |
| HKD | Hong Kong dollar | 9,578 |
| NZD | New Zealand dollar | 1,8296 |
| SGD | Singapore dollar | 2,0772 |
| KRW | South Korean won | 1 415,50 |
| ZAR | South African rand | 8,0263 |

Currency

Exchange rate

USD

US dollar

1,2282

JPY

Japanese yen

136,45

DKK

Danish krone

7,4413

GBP

Pound sterling

0,6895

SEK

Swedish krona

9,0353

CHF

Swiss franc

1,5543

ISK

Iceland króna

87,52

NOK

Norwegian krone

8,27

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5759

CZK

Czech koruna

31,425

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,79

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6652

MTL

Maltese lira

0,4289

PLN

Polish zloty

4,3211

ROL

Romanian leu

41 070

SIT

Slovenian tolar

240,02

SKK

Slovak koruna

40,045

TRL

Turkish lira

1 849 300

AUD

Australian dollar

1,7026

CAD

Canadian dollar

1,5511

HKD

Hong Kong dollar

9,578

NZD

New Zealand dollar

1,8296

SGD

Singapore dollar

2,0772

KRW

South Korean won

1 415,50

ZAR

South African rand

8,0263

---

(1)

Source: reference exchange rate published by the ECB.

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| 7.10.2004 | EN | Official Journal of the European Union | C 248/2 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/2

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European Centre for the Development of Vocational Training

(2004/C 248/02)

By decision of 30 September 2004, the European Commission extended the term of office of Mr J. VAN RENS as Director of the European Centre for the Development of Vocational Training.

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| 7.10.2004 | EN | Official Journal of the European Union | C 248/3 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/3

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Prior notification of a concentration

(Case COMP/M.3561 — Deutsche Telekom/Eurotel)

Candidate case for simplified procedure

(2004/C 248/03)

(Text with EEA relevance)

| 1. | On 27 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Slovak Telecom a.s. (‘Slovak Telecom’, Slovakia), controlled by Deutsche Telekom (‘DT’, Germany), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking EuroTel Bratislava a.s. (‘EuroTel’, Slovakia), currently a joint venture controlled by Slovak Telecom and Atlantic West, in turn a joint venture between Verizon (USA) and AT & T (USA), by way of purchase of shares. |
| --- | --- |

1.

On 27 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Slovak Telecom a.s. (‘Slovak Telecom’, Slovakia), controlled by Deutsche Telekom (‘DT’, Germany), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking EuroTel Bratislava a.s. (‘EuroTel’, Slovakia), currently a joint venture controlled by Slovak Telecom and Atlantic West, in turn a joint venture between Verizon (USA) and AT & T (USA), by way of purchase of shares.

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






  — | for undertaking Slovak Telecom: products and services for fixed voice and data communications, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Slovak Telecom: products and services for fixed voice and data communications,

| — | for undertaking DT: fixed and mobile telecommunication, internet access services, IT solutions and communications technology, |
| --- | --- |

—

for undertaking DT: fixed and mobile telecommunication, internet access services, IT solutions and communications technology,

| — | for undertaking EuroTel: mobile voice and data services. |
| --- | --- |

—

for undertaking EuroTel: mobile voice and data services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3561 — Deutsche Telekom/Eurotel, 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3561 — Deutsche Telekom/Eurotel, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(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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| 7.10.2004 | EN | Official Journal of the European Union | C 248/4 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/4

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Prior notification of a concentration

(Case COMP/M.3544 — BAYER HEALTHCARE/ROCHE (OTC BUSINESS))

(2004/C 248/04)

(Text with EEA relevance)

| 1. | On 29 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bayer HealthCare AG (Germany) controlled by Bayer AG (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the worldwide Roche OTC (2) business (‘Orion’, Switzerland) belonging to the undertaking Roche Holding AG (Switzerland) by way of purchase of shares and assets. |
| --- | --- |

1.

On 29 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bayer HealthCare AG (Germany) controlled by Bayer AG (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the worldwide Roche OTC (2) business (‘Orion’, Switzerland) belonging to the undertaking Roche Holding AG (Switzerland) by way of purchase of shares and assets.

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






  — | for Bayer HealthCare: healthcare products, notably OTC medication and nutritional supplements, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bayer HealthCare: healthcare products, notably OTC medication and nutritional supplements,

| — | for Bayer: healthcare, crop science and polymers products, |
| --- | --- |

—

for Bayer: healthcare, crop science and polymers products,

| — | for Orion: OTC medication. |
| --- | --- |

—

for Orion: OTC medication.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3544 — BAYER HEALTHCARE/ROCHE (OTC BUSINESS), 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3544 — BAYER HEALTHCARE/ROCHE (OTC BUSINESS), to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

(2)  OTC : over the counter.

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| 7.10.2004 | EN | Official Journal of the European Union | C 248/5 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/5

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Initiation of proceedings

(Case COMP/M.3423 — RWA/AMI/INTER-FERT (JV))

(2004/C 248/05)

On 29 September 2004 the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 – 296 72 44) or by post, under reference COMP/M.3423 — RWA/AMI/INTER-FERT (JV), to the following address:

| Commission of the European Communities |
| --- |
| Competition DG |
| Merger Registry |
| Rue Joseph II/Jozef II-straat 70 |
| B-1000 Brussels |

Commission of the European Communities

Competition DG

Merger Registry

Rue Joseph II/Jozef II-straat 70

B-1000 Brussels

---

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

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| 7.10.2004 | EN | Official Journal of the European Union | C 248/6 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/6

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Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Amendment of public service obligations imposed on certain scheduled air services within Portugal

(2004/C 248/06)

(Text with EEA relevance)

| 1. | Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 the Portuguese Government has decided to amend, for a period of one year commencing on 1 January 2005, the public service obligations imposed on scheduled air services operated on the following routes:






  — | Lisbon/Ponta Delgada/Lisbon, |
| --- | --- | --- |

1.

Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 the Portuguese Government has decided to amend, for a period of one year commencing on 1 January 2005, the public service obligations imposed on scheduled air services operated on the following routes:

—

Lisbon/Ponta Delgada/Lisbon,

| — | Lisbon/Terceira/Lisbon, |
| --- | --- |

—

Lisbon/Terceira/Lisbon,

| — | Lisbon/Horta/Lisbon, |
| --- | --- |

—

Lisbon/Horta/Lisbon,

| — | Funchal/Ponta Delgada/Funchal, |
| --- | --- |

—

Funchal/Ponta Delgada/Funchal,

| — | Oporto/Ponta Delgada/Oporto, |
| --- | --- |

—

Oporto/Ponta Delgada/Oporto,

| — | Lisbon/Santa Maria/Lisbon, |
| --- | --- |

—

Lisbon/Santa Maria/Lisbon,

| — | Lisbon/Pico/Lisbon. |
| --- | --- |

—

Lisbon/Pico/Lisbon.

| 2. | The public service obligations are as follows:
  Capacity and continuity of service
  On each route, the overall capacity of scheduled air passenger and cargo transport offered by all carriers combined must be at least equivalent to the capacity specified in Annex I.
  The services must be guaranteed throughout 2005 and, except in the cases mentioned below, may be suspended only with six months' notice.
  Reductions in capacity are subject to prior authorisation by the Portuguese Civil Aviation Institute, and may not be applied for six months if the overall capacity offered thereby falls below the threshold specified in the first paragraph of this section; the Portuguese Civil Aviation Institute must reply to the operator within thirty days following the notification.
  Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled for that season; ‘cancellation’ means that a flight scheduled to take place and on which at least one seat was booked fails to take place.
  In the event of temporary interruption of air services due to unforeseen circumstances, to cases of force majeure or for other reasons, the programmed capacity must be increased by at least 60 % from the moment when services can be resumed until the entire traffic backlog built up during the interruption in services has been cleared.
  Punctuality
  Except in cases of force majeure, delays of more than 15 minutes directly attributable to the carrier may not affect more than 15 % of flights.
  Type of aircraft used and operating conditions
  Services must be operated using duly certified jet-propelled aircraft with a seating capacity of at least 90; for services to and from Horta and Pico airports carriers must observe the conditions published in Aeronautical Information of Portugal (AIP).
  Minimum frequency






  — | On the Lisbon/Ponta Delgada/Lisbon route, at least one round trip a day, between 8.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/Santa Maria/Lisbon route, |
| --- | --- | --- |

2.

The public service obligations are as follows:

Capacity and continuity of service

On each route, the overall capacity of scheduled air passenger and cargo transport offered by all carriers combined must be at least equivalent to the capacity specified in Annex I.

The services must be guaranteed throughout 2005 and, except in the cases mentioned below, may be suspended only with six months' notice.

Reductions in capacity are subject to prior authorisation by the Portuguese Civil Aviation Institute, and may not be applied for six months if the overall capacity offered thereby falls below the threshold specified in the first paragraph of this section; the Portuguese Civil Aviation Institute must reply to the operator within thirty days following the notification.

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled for that season; ‘cancellation’ means that a flight scheduled to take place and on which at least one seat was booked fails to take place.

In the event of temporary interruption of air services due to unforeseen circumstances, to cases of force majeure or for other reasons, the programmed capacity must be increased by at least 60 % from the moment when services can be resumed until the entire traffic backlog built up during the interruption in services has been cleared.

Punctuality

Except in cases of force majeure, delays of more than 15 minutes directly attributable to the carrier may not affect more than 15 % of flights.

Type of aircraft used and operating conditions

Services must be operated using duly certified jet-propelled aircraft with a seating capacity of at least 90; for services to and from Horta and Pico airports carriers must observe the conditions published in Aeronautical Information of Portugal (AIP).

Minimum frequency

—

On the Lisbon/Ponta Delgada/Lisbon route, at least one round trip a day, between 8.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/Santa Maria/Lisbon route,

| — | on the Lisbon/Terceira/Lisbon route, at least four round trips a week, on different days, between 8.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/Pico/Lisbon route, |
| --- | --- |

—

on the Lisbon/Terceira/Lisbon route, at least four round trips a week, on different days, between 8.00 and 21.00, throughout the year; one trip a week may be combined with the Lisbon/Pico/Lisbon route,

| — | on the Lisbon/Horta/Lisbon route, at least three round trips a week, between 8.00 and 21.00, throughout the year, on non-consecutive days, |
| --- | --- |

—

on the Lisbon/Horta/Lisbon route, at least three round trips a week, between 8.00 and 21.00, throughout the year, on non-consecutive days,

| — | on the Funchal/Ponta Delgada/Funchal route, at least one round trip a week, throughout the year, |
| --- | --- |

—

on the Funchal/Ponta Delgada/Funchal route, at least one round trip a week, throughout the year,

| — | on the Oporto/Ponta Delgada/Oporto route, at least two round trips a week, throughout the year; one of these trips may be combined with Lisbon, from October to June inclusive, |
| --- | --- |

—

on the Oporto/Ponta Delgada/Oporto route, at least two round trips a week, throughout the year; one of these trips may be combined with Lisbon, from October to June inclusive,

| — | on the Lisbon/Santa Maria/Lisbon route, at least one round trip a week, which may be combined with the Lisbon/Ponta Delgada/Lisbon route, |
| --- | --- |

—

on the Lisbon/Santa Maria/Lisbon route, at least one round trip a week, which may be combined with the Lisbon/Ponta Delgada/Lisbon route,

| — | on the Lisbon/Pico/Lisbon route, at least one round trip a week, throughout the year, which may be combined with the Lisbon/Terceira/Lisbon route. |
| --- | --- |

—

on the Lisbon/Pico/Lisbon route, at least one round trip a week, throughout the year, which may be combined with the Lisbon/Terceira/Lisbon route.

If the flight schedules submitted by the carrier(s) provide for more than one service a day, flights must be operated between 6.30 local time at the place of departure and 00.30 local time at the destination; there must be at least one service a day between 8.00 and 21.00 and, at least three days a week, one of the services must be operated before 14.00.

On the Funchal/Ponta Delgada/Funchal, Lisbon/Santa Maria/Lisbon and Lisbon/Pico/Lisbon routes, if the schedules submitted by the carrier(s) provide for more than one service a week, these must be operated on different days. On the Lisbon/Terceira/Lisbon, Lisbon/Horta/Lisbon and Oporto/Ponta Delgada/Oporto routes services must be spread evenly throughout the week. If the total number of services offered per week on any given route by all operators combined is more than 6 (six), there must be at least one service a day.

Fares

| 1. | The fare structure must include:






  (a) | a fully flexible economy fare, a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo and specific products, etc.); |
| --- | --- | --- |

1.

The fare structure must include:

(a)

a fully flexible economy fare, a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo and specific products, etc.);

| (b) | a return PEX fare of EUR 215 on flights between the Azores and mainland Portugal, and a return PEX fare of EUR 158 on flights between the Azores and Funchal; |
| --- | --- |

(b)

a return PEX fare of EUR 215 on flights between the Azores and mainland Portugal, and a return PEX fare of EUR 158 on flights between the Azores and Funchal;

| (c) | persons who have been resident for at least six months in the Autonomous Region of the Azores on islands with a direct service to mainland Portugal or to Funchal and residents of the Autonomous Region of Madeira will be entitled to a reduction of 33 % off the fully flexible economy class public fare; |
| --- | --- |

(c)

persons who have been resident for at least six months in the Autonomous Region of the Azores on islands with a direct service to mainland Portugal or to Funchal and residents of the Autonomous Region of Madeira will be entitled to a reduction of 33 % off the fully flexible economy class public fare;

| (d) | students aged 26 or under whose home or educational establishment is located in the Autonomous Region of the Azores and who, respectively, attend educational establishments or live elsewhere on national territory will be entitled to a reduction of 40 % off the fully flexible economy class public fare; |
| --- | --- |

(d)

students aged 26 or under whose home or educational establishment is located in the Autonomous Region of the Azores and who, respectively, attend educational establishments or live elsewhere on national territory will be entitled to a reduction of 40 % off the fully flexible economy class public fare;

| (e) | on days when there is no direct service between Funchal/Ponta Delgada/Funchal, students aged 26 or under travelling to or from the Autonomous Region of the Azores may travel via Lisbon provided they use the same carrier on all sections of the journey. The flight schedule chosen must not allow a stopover in Lisbon; |
| --- | --- |

(e)

on days when there is no direct service between Funchal/Ponta Delgada/Funchal, students aged 26 or under travelling to or from the Autonomous Region of the Azores may travel via Lisbon provided they use the same carrier on all sections of the journey. The flight schedule chosen must not allow a stopover in Lisbon;

| (f) | the maximum cargo tariffs are set out in Annex II. |
| --- | --- |

(f)

the maximum cargo tariffs are set out in Annex II.

Each carrier must have the same fare structure for all the routes specified in section 1, whether the place of departure or destination is Lisbon or Oporto, and apply it without discrimination; however, promotions may be offered from time to time for point-to-point flights.

The fares must be displayed to the public, both at the points of sale and at the check-in counters.

| 2. | Residents and students will pay the following net amounts, after deduction of the discounts specified in point 1(c) and (d) above:






  (a) | EUR 179: for residents of the Autonomous Region of the Azores, for round trips to mainland Portugal, |
| --- | --- | --- |

2.

Residents and students will pay the following net amounts, after deduction of the discounts specified in point 1(c) and (d) above:

(a)

EUR 179: for residents of the Autonomous Region of the Azores, for round trips to mainland Portugal,

| (b) | EUR 156: for residents of the Autonomous Region of the Azores and the Autonomous Region of Madeira, for round trips between the Azores and Funchal, |
| --- | --- |

(b)

EUR 156: for residents of the Autonomous Region of the Azores and the Autonomous Region of Madeira, for round trips between the Azores and Funchal,

| (c) | EUR 139: for students, for round trips between the Azores and mainland Portugal; EUR 98: for students, for round trips between the Azores and Funchal. |
| --- | --- |

(c)

EUR 139: for students, for round trips between the Azores and mainland Portugal; EUR 98: for students, for round trips between the Azores and Funchal.

The fares and tariffs specified in point 1(b) and (f) and in point 2(a), (b) and (c) will be revised on 1 April 2005 on the basis of the inflation rate for the previous year published in the Grandes Opções do Plano [Major Planning Options] and notified, by 28 February 2005, by the Portuguese Civil Aviation Institute to the carriers operating the routes in question.

| 3. | The State will, under terms to be established by law, subsidise the journeys of residents and students, provided the criteria and fares specified in points 1 and 2 are applied. In 2005 the subsidy will be EUR 87 per round trip.
  Passenger fares and cargo tariffs to or from any airport in the Autonomous Region of the Azores without a scheduled direct link to mainland Portugal or Funchal must be the same as those specified above. Passengers travelling between mainland Portugal and the Autonomous Region of the Azores and between the Autonomous Regions will be entitled to two flight coupons, one for each direction, and passengers travelling within the Autonomous Region of the Azores will be entitled to:






  — | two flight coupons (non-residents), |
| --- | --- | --- |

3.

The State will, under terms to be established by law, subsidise the journeys of residents and students, provided the criteria and fares specified in points 1 and 2 are applied. In 2005 the subsidy will be EUR 87 per round trip.

Passenger fares and cargo tariffs to or from any airport in the Autonomous Region of the Azores without a scheduled direct link to mainland Portugal or Funchal must be the same as those specified above. Passengers travelling between mainland Portugal and the Autonomous Region of the Azores and between the Autonomous Regions will be entitled to two flight coupons, one for each direction, and passengers travelling within the Autonomous Region of the Azores will be entitled to:

—

two flight coupons (non-residents),

| — | three flight coupons (residents and students), |
| --- | --- |

—

three flight coupons (residents and students),

| — | for Corvo, one additional flight coupon will be allowed on days when there is no service. |
| --- | --- |

—

for Corvo, one additional flight coupon will be allowed on days when there is no service.

On days when an island has no direct service to mainland Portugal or to Funchal, residents and students may be routed via another gateway.

For passengers travelling to or from islands with no direct service to mainland Portugal or Funchal, the State will pay the cost of transport, as specified in Annexes A and B to Notice on the Imposition of Public Service Obligations No 2002/C 115/02, published in the Official Journal of the European Union C 115 of 16 May 2002.

A no-show penalty may be set, not exceeding 10 % of the relevant economy class reference fare.

These public service obligations will apply without prejudice to the conclusion of interline agreements with other carriers on fares for services from or to places other than Lisbon, Oporto and Funchal.

Carriers may combine air services and use the same flight numbers, provided this has been authorised by the Portuguese Civil Aviation Institute.

Flight marketing

Flights must be marketed using at least one computerised reservation system.

Transfer conditions

If the routes in question are operated by different carriers, the latter must make agreements between themselves to allow residents and students travelling to or from any airport in the Autonomous Region of the Azores to use different carriers for different sections of their journey.

Cargo and postal service

This must enable at least two tonnes of cargo, including mail, to be carried on each flight; the capacity offered by the carrier must be spread evenly throughout the week, with the following minimum requirements:

| — | 30 tonnes per day on the Lisbon/Ponta Delgada/Lisbon route, |
| --- | --- |

—

30 tonnes per day on the Lisbon/Ponta Delgada/Lisbon route,

| — | 25 tonnes on days when the minimum service required is operated on the Lisbon/Terceira/Lisbon route, |
| --- | --- |

—

25 tonnes on days when the minimum service required is operated on the Lisbon/Terceira/Lisbon route,

| — | The cargo and mail capacity on each flight will be detemined by applying the following formula:
  C = W – (0,75 x S x 97)
  where
  C is the cargo and mail capacity, in kg, offered on a flight;
  W is the total weight, in kg, of passengers, baggage, cargo and mail that can be transported in an aircraft in a given sector (allowed traffic load), obtained by subtracting the operating weight (aircraft, crew, fuel, catering and other operating items) from the maximum certified take-off weight;
  S is the number of seats on the aircraft;
  0,75 is the coefficient adopted for a load factor of 75 %
  97 is the standard passenger and baggage weight of an adult passenger and his/her baggage (84 kg +13 kg) as specified in JAR-OPS 1 620 (Translator's note: the equation in Portuguese is C = P – (0,75 x S x 97). C is ‘capacidade de carga e correio’ and P is ‘peso total’.) |
| --- | --- |

—

The cargo and mail capacity on each flight will be detemined by applying the following formula:

C = W – (0,75 x S x 97)

where

C is the cargo and mail capacity, in kg, offered on a flight;

W is the total weight, in kg, of passengers, baggage, cargo and mail that can be transported in an aircraft in a given sector (allowed traffic load), obtained by subtracting the operating weight (aircraft, crew, fuel, catering and other operating items) from the maximum certified take-off weight;

S is the number of seats on the aircraft;

0,75 is the coefficient adopted for a load factor of 75 %

97 is the standard passenger and baggage weight of an adult passenger and his/her baggage (84 kg +13 kg) as specified in JAR-OPS 1 620 (Translator's note: the equation in Portuguese is C = P – (0,75 x S x 97). C is ‘capacidade de carga e correio’ and P is ‘peso total’.)

| 3. | Given the special importance of the routes in question, and the exceptional nature of the service continuity requirements, Community carriers are hereby informed of the following conditions:






  — | carriers wishing to operate all the routes in question must submit their flight schedules for 2005 within 30 days following publication of this notice, |
| --- | --- | --- |

3.

Given the special importance of the routes in question, and the exceptional nature of the service continuity requirements, Community carriers are hereby informed of the following conditions:

—

carriers wishing to operate all the routes in question must submit their flight schedules for 2005 within 30 days following publication of this notice,

| — | flight schedules not covering all the routes specified in section 1 will not be accepted, unless they are offers under code-share schemes, in which case fulfilment of the public service obligations regarding minimum frequency will be assessed with reference to all the flights offered on the shared flight schedule. In this case, the following requirements must be met:






  (a) | carriers offering a flight schedule for one or more routes under a code-share scheme will be responsible for implementing the schedule until the end of the calendar year; |
| --- | --- | --- |

—

flight schedules not covering all the routes specified in section 1 will not be accepted, unless they are offers under code-share schemes, in which case fulfilment of the public service obligations regarding minimum frequency will be assessed with reference to all the flights offered on the shared flight schedule. In this case, the following requirements must be met:

(a)

carriers offering a flight schedule for one or more routes under a code-share scheme will be responsible for implementing the schedule until the end of the calendar year;

| (b) | carriers which sign a code-share agreement must expressly state that they are collectively responsible for fulfilling the public service obligations and liable for the consequences of failing to fulfil these obligations, including administrative fines; |
| --- | --- |

(b)

carriers which sign a code-share agreement must expressly state that they are collectively responsible for fulfilling the public service obligations and liable for the consequences of failing to fulfil these obligations, including administrative fines;

| (c) | where services are operated under a code-share scheme, carriers must tell passengers which carrier will actually be operating each section of the journey when tickets are reserved, issued or sold and at the check-in desk at the airport, |
| --- | --- |

(c)

where services are operated under a code-share scheme, carriers must tell passengers which carrier will actually be operating each section of the journey when tickets are reserved, issued or sold and at the check-in desk at the airport,

| — | within 30 days after receiving the flight schedules and having consulted the carriers, the Portuguese Civil Aviation Institute must notify carriers of its final decision on the schedules submitted, |
| --- | --- |

—

within 30 days after receiving the flight schedules and having consulted the carriers, the Portuguese Civil Aviation Institute must notify carriers of its final decision on the schedules submitted,

| — | where a carrier announces that it intends to withdraw from or change its proposed flight schedule, the Portuguese Civil Aviation Institute must notify this fact to the other carriers, who may reformulate their flight schedules within the next 15 days, |
| --- | --- |

—

where a carrier announces that it intends to withdraw from or change its proposed flight schedule, the Portuguese Civil Aviation Institute must notify this fact to the other carriers, who may reformulate their flight schedules within the next 15 days,

| — | all carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 on licensing of air carriers, and an appropriate air operator's certificate may operate these services, |
| --- | --- |

—

all carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 on licensing of air carriers, and an appropriate air operator's certificate may operate these services,

| — | all carriers holding a valid operating licence and an appropriate air operator's certificate, as specified in the preceding paragraph, and which in addition meet the following requirements may operate these services:






  (a) | they have paid all taxes owed to the Portuguese State; |
| --- | --- | --- |

—

all carriers holding a valid operating licence and an appropriate air operator's certificate, as specified in the preceding paragraph, and which in addition meet the following requirements may operate these services:

(a)

they have paid all taxes owed to the Portuguese State;

| (b) | they have paid all their social security contributions in Portugal or in the State of which they are nationals or in which they are established. |
| --- | --- |

(b)

they have paid all their social security contributions in Portugal or in the State of which they are nationals or in which they are established.

| — | Given the special nature of these services, carriers will have to demonstrate that the majority of the cabin crew on the flights in question can speak and understand Portuguese. |
| --- | --- |

—

Given the special nature of these services, carriers will have to demonstrate that the majority of the cabin crew on the flights in question can speak and understand Portuguese.

| — | Carriers will be allowed, in accordance with the applicable legislation and regulations, to subcontract to other carriers any additional capacity needed to meet the requirements of the flight schedule, but they remain responsible for complying with their obligations and implementing the schedule. |
| --- | --- |

—

Carriers will be allowed, in accordance with the applicable legislation and regulations, to subcontract to other carriers any additional capacity needed to meet the requirements of the flight schedule, but they remain responsible for complying with their obligations and implementing the schedule.

| — | Carriers must submit to the Portuguese Civil Aviation Institute, within the set time limits and separately from any flight schedules for other services, the flight schedule for each service subject to these amended public service obligations, giving the following information:






  (a) | the route in question; |
| --- | --- | --- |

—

Carriers must submit to the Portuguese Civil Aviation Institute, within the set time limits and separately from any flight schedules for other services, the flight schedule for each service subject to these amended public service obligations, giving the following information:

(a)

the route in question;

| (b) | IATA seasons; |
| --- | --- |

(b)

IATA seasons;

| (c) | flight identification number; |
| --- | --- |

(c)

flight identification number;

| (d) | timetables; |
| --- | --- |

(d)

timetables;

| (e) | capacity offered (per month, either in terms of frequency, or in terms of seats); |
| --- | --- |

(e)

capacity offered (per month, either in terms of frequency, or in terms of seats);

| (f) | period and days on which the service is to be operated; |
| --- | --- |

(f)

period and days on which the service is to be operated;

| (g) | type of aircraft/number of seats/cargo capacity; |
| --- | --- |

(g)

type of aircraft/number of seats/cargo capacity;

| (h) | passenger cabin layout; |
| --- | --- |

(h)

passenger cabin layout;

| (i) | written confirmation of knowledge and acceptance of the continuity of service conditions imposed by the amended public service obligations; |
| --- | --- |

(i)

written confirmation of knowledge and acceptance of the continuity of service conditions imposed by the amended public service obligations;

| (j) | current or future insurance policies. |
| --- | --- |

(j)

current or future insurance policies.

Carriers must also provide written details of all the prices and associated conditions to be applied.

In addition they must submit a summary economic and financial plan. This must, however, contain a detailed estimate of their operating costs, for the purpose of calculating the operating guarantee, in the form of a bank guarantee.

| — | Interruption of the services in question without the advance notice provided for in the public service obligations set out above or failure to comply with those obligations will result in an administrative fine. |
| --- | --- |

—

Interruption of the services in question without the advance notice provided for in the public service obligations set out above or failure to comply with those obligations will result in an administrative fine.

| — | If, 60 days after the publication of this notice, the flight schedules submitted do not correspond, overall, to a volume of scheduled air transport that is at least equivalent to the capacity specified in Annex I, or if, at any time, the total supply falls to levels below the abovementioned capacity threshold without this being justified by decreased demand, the Portuguese Government reserves the right to impose new public service obligations, in accordance with the law. |
| --- | --- |

—

If, 60 days after the publication of this notice, the flight schedules submitted do not correspond, overall, to a volume of scheduled air transport that is at least equivalent to the capacity specified in Annex I, or if, at any time, the total supply falls to levels below the abovementioned capacity threshold without this being justified by decreased demand, the Portuguese Government reserves the right to impose new public service obligations, in accordance with the law.

| — | Community carriers are informed that the Portuguese Civil Aviation Institute will monitor compliance with the public service obligations imposed. |
| --- | --- |

—

Community carriers are informed that the Portuguese Civil Aviation Institute will monitor compliance with the public service obligations imposed.

These obligations will be revised in 2005.

---

ANNEX I

Minimum overall seating capacity

| Route | Summer IATA | Winter IATA |
| --- | --- | --- |
| Lisbon/Ponta Delgada/Lisbon | 240 000 | 111 900 |
| Lisbon/S. Maria/Lisbon | 8 100 | 5 500 |
| Lisbon/Terceira/Lisbon | 140 000 | 64 600 |
| Lisbon/Horta/Lisbon | 60 000 | 28 000 |
| Lisbon/Pico/Lisbon | 8 100 | 5 500 |
| Oporto/Ponta Delgada/Oporto | 55 000 | 22 500 |
| P.Delgada/Funchal/P.Delgada | 17 000 | 5 600 |

Route

Summer IATA

Winter IATA

Lisbon/Ponta Delgada/Lisbon

240 000

111 900

Lisbon/S. Maria/Lisbon

8 100

5 500

Lisbon/Terceira/Lisbon

140 000

64 600

Lisbon/Horta/Lisbon

60 000

28 000

Lisbon/Pico/Lisbon

8 100

5 500

Oporto/Ponta Delgada/Oporto

55 000

22 500

P.Delgada/Funchal/P.Delgada

17 000

5 600

Minimum overall cargo capacity

| (tonnes) |
| --- |
| Route | Summer IATA | Winter IATA | Additional capacity in high season |
| Lisbon/Ponta Delgada/Lisbon | 14 000 | 7 500 | |
| Lisbon/S. Maria/Lisbon | | | |
| Lisbon/Terceira/Lisbon | 8 000 | 4 400 | |
| Lisbon/Horta/Lisbon | 1 000 | 500 | 40 |
| Lisbon/Pico/Lisbon | | | |
| Oporto/Ponta Delgada/Oporto | | | |
| P.Delgada/Funchal/P.Delgada | | | |

(tonnes)

Route

Summer IATA

Winter IATA

Additional capacity in high season

Lisbon/Ponta Delgada/Lisbon

14 000

7 500

Lisbon/S. Maria/Lisbon

Lisbon/Terceira/Lisbon

8 000

4 400

Lisbon/Horta/Lisbon

1 000

500

40

Lisbon/Pico/Lisbon

Oporto/Ponta Delgada/Oporto

P.Delgada/Funchal/P.Delgada

---

ANNEX II

Maximum cargo tariffs

| | Lisbon and Oporto/Azores | Funchal/Azores |
| --- | --- | --- |
| Minimum | 8,23 | 8,23 |
| Normal | 0,99/kg | 0,80/kg |
| Quantity | 0,88/kg | 0,60/kg |
| Perishables/Quantity | 0,61/kg | 0,52/kg |
| Special products | 0,78/kg | 0,57/kg |
| Special products/ quantity | 0,71/kg | |

Lisbon and Oporto/Azores

Funchal/Azores

Minimum

8,23

8,23

Normal

0,99/kg

0,80/kg

Quantity

0,88/kg

0,60/kg

Perishables/Quantity

0,61/kg

0,52/kg

Special products

0,78/kg

0,57/kg

Special products/ quantity

0,71/kg

---

| 7.10.2004 | EN | Official Journal of the European Union | C 248/14 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/14

---

Non-opposition to a notified concentration

(Case COMP/M.3521 — BRIDGEPOINT/PETS AT HOME GROUP)

(2004/C 248/07)

(Text with EEA relevance)

On 9 August 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3521. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex) |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3521. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex)

---

| 7.10.2004 | EN | Official Journal of the European Union | C 248/14 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/14

---

Non-opposition to a notified concentration

(Case COMP/M.3559 — FINMECCANICA/AUGUSTA-WESTLAND)

(2004/C 248/08)

(Text with EEA relevance)

On 20 September 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3559. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex) |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3559. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex)

---

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 7.10.2004 | EN | Official Journal of the European Union | C 248/15 |
| --- | --- | --- | --- |

7.10.2004

EN

Official Journal of the European Union

C 248/15

---

Communication from the EFTA Surveillance Authority under Article 4.1. (a) of the Act referred to in point 64a in 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 Narvik (Framnes) — Bodø v.v.

(2004/C 248/09)

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, Norway has decided to impose new public service obligations as of 8 March 2005 on the following route:

Narvik (Framnes) — Bodø v. v.

2.   THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE FOLLOWING:

2.1.   Minimum frequencies, seating capacity, routing and timetables

The requirements apply to January to June and August to December. In July, there are requirements as to seating capacity only, with a minimum number of seats not less than 80 % of the minimum levels specified below.

Throughout the year a daily service obligation applies in both directions.

Frequencies:

| — | Minimum three daily return services Monday to Friday and minimum four return services Saturday and Sunday combined. |
| --- | --- |

—

Minimum three daily return services Monday to Friday and minimum four return services Saturday and Sunday combined.

Seating capacity:

| — | in both directions at least 450 seats shall be offered Monday to Friday combined and at least 95 seats Saturday and Sunday combined, |
| --- | --- |

—

in both directions at least 450 seats shall be offered Monday to Friday combined and at least 95 seats Saturday and Sunday combined,

| — | 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 hall 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 hall 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.

Routing:

| — | The required services shall be non-stop. |
| --- | --- |

—

The required services shall be non-stop.

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):

| — | First arrival in Bodø shall be no later than 9.30 and last departure from Bodø no earlier than 18.00. |
| --- | --- |

—

First arrival in Bodø shall be no later than 9.30 and last departure from Bodø no earlier than 18.00.

2.2.   Aircraft category

Aircraft registered for minimum 15 passengers shall be used for the required flights.

Carriers' attention is especially drawn to technical and operative conditions applying at the airports, including short runway at Narvik (Framnes).

For further information, please contact:

| Luftfartstilsynet (Civil Aviation Authority), |
| --- |
| P O Box 8050 Dep, |
| N-0031 Oslo; |
| Tel. (+ 47) 23 31 78 00. |

Luftfartstilsynet (Civil Aviation Authority),

P O Box 8050 Dep,

N-0031 Oslo;

Tel. (+ 47) 23 31 78 00.

2.3.   Fares

| — | maximum basic one-way fare (fully flexible) in the operating year beginning 8 March 2005 must not exceed NOK 1112,-, |
| --- | --- |

—

maximum basic one-way fare (fully flexible) in the operating year beginning 8 March 2005 must not exceed NOK 1112,-,

| — | 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,

| — | 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 planned number of flights on an annual basis, in accordance with the approved time schedule.

2.5   Cooperation arrangements

Following a tender procedure, which limits access to the routes encompassed by the public service obligations 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 as (Part 8) in Official Journal of the European Union C 112 of 9 May 2002, page 8, as far as scheduled air services on the route Narvik (Framnes) — Bodø v.v. are concerned.

4.   INFORMATION

Further information can be obtained from:

| Ministry of Transport and Communications, |
| --- |
| PO Box 8010 Dep, |
| N-0030 Oslo; |
| Tel. (+47) 22 24 83 53, fax (+47) 22 24 56 09 |

Ministry of Transport and Communications,

PO Box 8010 Dep,

N-0030 Oslo;

Tel. (+47) 22 24 83 53, fax (+47) 22 24 56 09

This documentation is also available on the Internet:

http://www.odin.dep.no/sd/norsk/aktuelt/anbud

---

ANNEX

to the Impositions of Public Service Obligations in Respect of Scheduled Air Services in Norway

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 range 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 above mentioned periods. |
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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 above mentioned 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 from 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. |
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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 from 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. |
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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 by the Norwegian Ministry of Transport and Communications, included in the tender file. |
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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 by 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. |
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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 according to 4.1 for a different time schedule for the new production/new seats offered from the Norwegian Ministry of Transport and Communications. 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. |
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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 according to 4.1 for a different time schedule for the new production/new seats offered from the Norwegian Ministry of Transport and Communications. 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 financial compensation when changing production

| 5.1. | The financial compensation to the operator remains unchanged when increasing production according to 3.1. |
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5.1.

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

| 5.2. | The financial compensation to the operator remains unchanged when decreasing production according to 3.2. |
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5.2.

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

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