# Official Journal C 224/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.224.eng |
| --- | --- |
| Official Journal
  of the European Union | C 224 |
| | |
| English edition | Information and Notices | Volume 5217 September 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.224.eng

Official Journal

of the European Union

C 224

English edition

Information and Notices

Volume 5217 September 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 224/01 | Non-opposition to a notified concentration (Case COMP/M.5603 — ENI/TEC) (
  1
  ) | 1 |
| 2009/C 224/02 | Non-opposition to a notified concentration (Case COMP/M.5506 — Sabena Technics/TNT Airways/JV) (
  1
  ) | 1 |
| 2009/C 224/03 | Non-opposition to a notified concentration (Case COMP/M.5568 — Volkswagen/Fleet Investments/Leaseplan Corporation JV) (
  1
  ) | 2 |
| 2009/C 224/04 | Non-opposition to a notified concentration (Case COMP/M.5180 — Manitowoc/Enodis) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 224/01

Non-opposition to a notified concentration (Case COMP/M.5603 — ENI/TEC) (
  1
  )

1

1

2009/C 224/02

Non-opposition to a notified concentration (Case COMP/M.5506 — Sabena Technics/TNT Airways/JV) (
  1
  )

1

1

2009/C 224/03

Non-opposition to a notified concentration (Case COMP/M.5568 — Volkswagen/Fleet Investments/Leaseplan Corporation JV) (
  1
  )

1

2

2009/C 224/04

Non-opposition to a notified concentration (Case COMP/M.5180 — Manitowoc/Enodis) (
  1
  )

1

2

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 224/05 | Euro exchange rates | 3 |
| 2009/C 224/06 | Communication of the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2010 under certain quotas opened by the Community | 4 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2009/C 224/07 | Communication from the EFTA Surveillance Authority under Article 4.1(a) of the Act referred to in point 64(a) of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 on access for Community air carriers to Community air routes) — Imposition of public service obligations in respect of scheduled air services in Finnmark and North-Troms (Norway) | 6 |
| 2009/C 224/08 | Scheduled regional air services in Finnmark and North-Troms (Norway) — Invitation to tender | 15 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 224/05

Euro exchange rates

3

2009/C 224/06

Communication of the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2010 under certain quotas opened by the Community

4

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2009/C 224/07

Communication from the EFTA Surveillance Authority under Article 4.1(a) of the Act referred to in point 64(a) of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 on access for Community air carriers to Community air routes) — Imposition of public service obligations in respect of scheduled air services in Finnmark and North-Troms (Norway)

6

2009/C 224/08

Scheduled regional air services in Finnmark and North-Troms (Norway) — Invitation to tender

15

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2009/C 224/09 | Judgment of the Court of 13 May 2009 in Case E-6/08 — EFTA Surveillance Authority v the Kingdom of Norway (Failure by a Contracting Party to fulfil its obligation — Directive 2002/91/EC on the energy performance of buildings) | 19 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 224/10 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain graphite electrode systems originating in India | 20 |
| 2009/C 224/11 | Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain graphite electrode systems originating in India | 24 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2009/C 224/09

Judgment of the Court of 13 May 2009 in Case E-6/08 — EFTA Surveillance Authority v the Kingdom of Norway (Failure by a Contracting Party to fulfil its obligation — Directive 2002/91/EC on the energy performance of buildings)

(Failure by a Contracting Party to fulfil its obligation — Directive 2002/91/EC on the energy performance of buildings)

19

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 224/10

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain graphite electrode systems originating in India

20

2009/C 224/11

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain graphite electrode systems originating in India

24

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 17.9.2009 | EN | Official Journal of the European Union | C 224/1 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/1

---

Non-opposition to a notified concentration

(Case COMP/M.5603 — ENI/TEC)

(Text with EEA relevance)

2009/C 224/01

On 10 September 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in Italian language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5603. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5603. EUR-Lex is the on-line access to the European law.

---

| 17.9.2009 | EN | Official Journal of the European Union | C 224/1 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/1

---

Non-opposition to a notified concentration

(Case COMP/M.5506 — Sabena Technics/TNT Airways/JV)

(Text with EEA relevance)

2009/C 224/02

On 4 August 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5506. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5506. EUR-Lex is the on-line access to the European law.

---

| 17.9.2009 | EN | Official Journal of the European Union | C 224/2 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/2

---

Non-opposition to a notified concentration

(Case COMP/M.5568 — Volkswagen/Fleet Investments/Leaseplan Corporation JV)

(Text with EEA relevance)

2009/C 224/03

On 19 August 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5568. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5568. EUR-Lex is the on-line access to the European law.

---

| 17.9.2009 | EN | Official Journal of the European Union | C 224/2 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/2

---

Non-opposition to a notified concentration

(Case COMP/M.5180 — Manitowoc/Enodis)

(Text with EEA relevance)

2009/C 224/04

On 19 September 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32008M5180. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32008M5180. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 17.9.2009 | EN | Official Journal of the European Union | C 224/3 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/3

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Euro exchange rates (1)

16 September 2009

2009/C 224/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4671 |
| JPY | Japanese yen | 132,60 |
| DKK | Danish krone | 7,4418 |
| GBP | Pound sterling | 0,88970 |
| SEK | Swedish krona | 10,1396 |
| CHF | Swiss franc | 1,5196 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6065 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,245 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 269,84 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7035 |
| PLN | Polish zloty | 4,1393 |
| RON | Romanian leu | 4,2630 |
| TRY | Turkish lira | 2,1695 |
| AUD | Australian dollar | 1,6843 |
| CAD | Canadian dollar | 1,5696 |
| HKD | Hong Kong dollar | 11,3700 |
| NZD | New Zealand dollar | 2,0591 |
| SGD | Singapore dollar | 2,0719 |
| KRW | South Korean won | 1 776,81 |
| ZAR | South African rand | 10,8001 |
| CNY | Chinese yuan renminbi | 10,0141 |
| HRK | Croatian kuna | 7,2965 |
| IDR | Indonesian rupiah | 14 215,86 |
| MYR | Malaysian ringgit | 5,1070 |
| PHP | Philippine peso | 70,492 |
| RUB | Russian rouble | 44,9271 |
| THB | Thai baht | 49,522 |
| BRL | Brazilian real | 2,6368 |
| MXN | Mexican peso | 19,4084 |
| INR | Indian rupee | 70,7660 |

Currency

Exchange rate

USD

US dollar

1,4671

JPY

Japanese yen

132,60

DKK

Danish krone

7,4418

GBP

Pound sterling

0,88970

SEK

Swedish krona

10,1396

CHF

Swiss franc

1,5196

ISK

Iceland króna

NOK

Norwegian krone

8,6065

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,245

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

269,84

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7035

PLN

Polish zloty

4,1393

RON

Romanian leu

4,2630

TRY

Turkish lira

2,1695

AUD

Australian dollar

1,6843

CAD

Canadian dollar

1,5696

HKD

Hong Kong dollar

11,3700

NZD

New Zealand dollar

2,0591

SGD

Singapore dollar

2,0719

KRW

South Korean won

1 776,81

ZAR

South African rand

10,8001

CNY

Chinese yuan renminbi

10,0141

HRK

Croatian kuna

7,2965

IDR

Indonesian rupiah

14 215,86

MYR

Malaysian ringgit

5,1070

PHP

Philippine peso

70,492

RUB

Russian rouble

44,9271

THB

Thai baht

49,522

BRL

Brazilian real

2,6368

MXN

Mexican peso

19,4084

INR

Indian rupee

70,7660

---

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

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| 17.9.2009 | EN | Official Journal of the European Union | C 224/4 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/4

---

Communication of the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2010 under certain quotas opened by the Community

2009/C 224/06

When import licences were allocated for the second half of 2009 for certain quotas referred to in Commission Regulation (EC) No 2535/2001 (1), applications for licences referred to quantities less than those available for the products concerned. As a result, the quantity available for each quota for the period 1 January to 30 June 2010 should be calculated, taking account of the unallocated quantities resulting from Commission Regulation (EC) No 536/2009 of 19 June 2009 determining the extent to which the applications for import licences submitted in June 2009 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted (2).

The quantities available for the period 1 January to 30 June 2010 for the second half of the year of importation for certain quotas referred to in Commission Regulation (EC) No 2535/2001 are indicated hereunder.

---

(1)  OJ L 341, 22.12.2001, p. 29.

(2)  OJ L 159, 20.6.2009, p. 3.

---

ANNEX

Annex I.A

| Quota number | Quantity
  (kilograms) |
| --- | --- |
| 09.4590 | 68 537 000 |
| 09.4599 | 11 060 832 |
| 09.4591 | 5 360 000 |
| 09.4592 | 18 438 000 |
| 09.4593 | 5 413 000 |
| 09.4594 | 20 007 000 |
| 09.4595 | 7 502 504 |
| 09.4596 | 19 417 360 |

Quota number

Quantity

(kilograms)

09.4590

68 537 000

09.4599

11 060 832

09.4591

5 360 000

09.4592

18 438 000

09.4593

5 413 000

09.4594

20 007 000

09.4595

7 502 504

09.4596

19 417 360

Annex I.F

| Products originating in Switzerland |
| --- |
| Quota number | Quantity
  (kilograms) |
| 09.4155 | 1 000 000 |

Products originating in Switzerland

Quota number

Quantity

(kilograms)

09.4155

1 000 000

Annex I.H

| Products originating in Norway |
| --- |
| Quota number | Quantity
  (kilograms) |
| 09.4179 | 2 950 103 |

Products originating in Norway

Quota number

Quantity

(kilograms)

09.4179

2 950 103

Annex I.I

| Products originating in Iceland |
| --- |
| Quota number | Quantity
  (kilograms) |
| 09.4205 | 175 000 |
| 09.4206 | 380 000 |

Products originating in Iceland

Quota number

Quantity

(kilograms)

09.4205

175 000

09.4206

380 000

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 17.9.2009 | EN | Official Journal of the European Union | C 224/6 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/6

---

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

Imposition of public service obligations in respect of scheduled air services in Finnmark and North-Troms (Norway)

2009/C 224/07

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 (1), Norway has decided to impose public service obligations as of 1 April 2010 in respect of scheduled air services on the following routes:

| 1. | Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta. |
| --- | --- |

1.

Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta.

| 2. | Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., Sørkjosen–Tromsø v.v. |
| --- | --- |

2.

Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., Sørkjosen–Tromsø v.v.

2.   THE FOLLOWING SPECIFICATIONS APPLY TO THE INDIVIDUAL ROUTES

2.1.   Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta

2.1.1.   Minimum frequencies, seating capacity, routing and timetables

General requirements

| — | The requirements apply throughout the year. |
| --- | --- |

—

The requirements apply throughout the year.

| — | Where a single-carrier service is required, the passengers shall be transported the whole distance within the route network encompassed by the public service obligations. Maximum travel time on every required single-carrier service shall be three and a half hours from first departure to last arrival. |
| --- | --- |

—

Where a single-carrier service is required, the passengers shall be transported the whole distance within the route network encompassed by the public service obligations. Maximum travel time on every required single-carrier service shall be three and a half hours from first departure to last arrival.

| — | When connections with air services to and from Tromsø are required, schedules must allow passengers to travel to or from Tromsø with no more than one change of aircraft en route. |
| --- | --- |

—

When connections with air services to and from Tromsø are required, schedules must allow passengers to travel to or from Tromsø with no more than one change of aircraft en route.

| — | Where requirements to seating capacity apply, the number of seats offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication. |
| --- | --- |

—

Where requirements to seating capacity apply, the number of seats offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication.

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

—

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

Requirements for Monday-Friday

Alta

| — | On Monday-Friday combined the seating capacity offered shall be at least 550 seats both to and from Alta. |
| --- | --- |

—

On Monday-Friday combined the seating capacity offered shall be at least 550 seats both to and from Alta.

| — | Minimum one daily single-carrier return service to Kirkenes, with a maximum of one intermediate stop. First arrival in Kirkenes shall be no later than 9.00 hours and last departure from Kirkenes no earlier than 14.00 hours. |
| --- | --- |

—

Minimum one daily single-carrier return service to Kirkenes, with a maximum of one intermediate stop. First arrival in Kirkenes shall be no later than 9.00 hours and last departure from Kirkenes no earlier than 14.00 hours.

| — | Single-carrier services between other airports and Alta, as required in this publication. |
| --- | --- |

—

Single-carrier services between other airports and Alta, as required in this publication.

Hammerfest

| — | A minimum of five daily departures and arrivals Monday-Friday. |
| --- | --- |

—

A minimum of five daily departures and arrivals Monday-Friday.

| — | On Monday-Friday combined, the seating capacity offered shall be at least 750 seats both to and from Hammerfest. |
| --- | --- |

—

On Monday-Friday combined, the seating capacity offered shall be at least 750 seats both to and from Hammerfest.

| — | Minimum three single-carrier return services to Vadsø. In both directions first arrival shall be no later than 10.30 hours and last departure no earlier than 18.30 hours. |
| --- | --- |

—

Minimum three single-carrier return services to Vadsø. In both directions first arrival shall be no later than 10.30 hours and last departure no earlier than 18.30 hours.

| — | Single-carrier return service to Kirkenes. |
| --- | --- |

—

Single-carrier return service to Kirkenes.

| — | Single-carrier services between other airports and Hammerfest, as required in this publication. |
| --- | --- |

—

Single-carrier services between other airports and Hammerfest, as required in this publication.

Kirkenes

| — | On Monday-Friday combined, the seating capacity offered shall be at least 750 seats both to and from Kirkenes. |
| --- | --- |

—

On Monday-Friday combined, the seating capacity offered shall be at least 750 seats both to and from Kirkenes.

| — | Single-carrier services between other airports and Kirkenes, as required in this publication. |
| --- | --- |

—

Single-carrier services between other airports and Kirkenes, as required in this publication.

Vadsø

| — | A minimum of nine daily departures and arrivals Monday-Friday. |
| --- | --- |

—

A minimum of nine daily departures and arrivals Monday-Friday.

| — | On Monday-Friday combined, the seating capacity offered shall be at least 1 125 seats both to and from Vadsø. |
| --- | --- |

—

On Monday-Friday combined, the seating capacity offered shall be at least 1 125 seats both to and from Vadsø.

| — | Minimum three single-carrier return services to Kirkenes, without intermediate stops. First arrival in Kirkenes shall be no later than 11.00 hours and last departure from Kirkenes no earlier than 19.00 hours. First arrival in Vadsø shall be no later than 11.30 hours and last departure from Vadsø no earlier than 18.30 hours. |
| --- | --- |

—

Minimum three single-carrier return services to Kirkenes, without intermediate stops. First arrival in Kirkenes shall be no later than 11.00 hours and last departure from Kirkenes no earlier than 19.00 hours. First arrival in Vadsø shall be no later than 11.30 hours and last departure from Vadsø no earlier than 18.30 hours.

| — | Minimum two single-carrier return services to Alta. First arrival in Vadsø shall be no later that 10.00 hours. First arrival in Alta shall be no later than 10.30 hours. Last departure shall be no earlier than 14.00 hours from Vadsø and no earlier than 15.00 hours from Alta. |
| --- | --- |

—

Minimum two single-carrier return services to Alta. First arrival in Vadsø shall be no later that 10.00 hours. First arrival in Alta shall be no later than 10.30 hours. Last departure shall be no earlier than 14.00 hours from Vadsø and no earlier than 15.00 hours from Alta.

| — | Single-carrier services between other airports and Vadsø, as required in this publication. |
| --- | --- |

—

Single-carrier services between other airports and Vadsø, as required in this publication.

Vardø

| — | Minimum three single-carrier return services to Kirkenes. Last departure from Kirkenes shall be no earlier than six hours later than first arrival in Kirkenes. |
| --- | --- |

—

Minimum three single-carrier return services to Kirkenes. Last departure from Kirkenes shall be no earlier than six hours later than first arrival in Kirkenes.

Båtsfjord

A minimum of four daily departures and arrivals, ensuring the following:

| — | minimum two single-carrier return services to Kirkenes. First arrival in Kirkenes shall be no later than 11.00 hours and last departure from Kirkenes no earlier than 19.00 hours, |
| --- | --- |

—

minimum two single-carrier return services to Kirkenes. First arrival in Kirkenes shall be no later than 11.00 hours and last departure from Kirkenes no earlier than 19.00 hours,

| — | minimum two single-carrier return services to Vadsø. First arrival in Vadsø shall be no later than 10.30 hours and last departure from Vadsø no earlier than 18.30 hours, |
| --- | --- |

—

minimum two single-carrier return services to Vadsø. First arrival in Vadsø shall be no later than 10.30 hours and last departure from Vadsø no earlier than 18.30 hours,

| — | single-carrier return service to Hammerfest, |
| --- | --- |

—

single-carrier return service to Hammerfest,

| — | the schedules must ensure connections with at least two air services both to and from Tromsø. |
| --- | --- |

—

the schedules must ensure connections with at least two air services both to and from Tromsø.

Berlevåg

A minimum of three daily departures and arrivals, ensuring the following:

| — | single-carrier return service to Kirkenes. First arrival in Kirkenes no later than 11.00 hours and last departure from Kirkenes no earlier than 19.00 hours, |
| --- | --- |

—

single-carrier return service to Kirkenes. First arrival in Kirkenes no later than 11.00 hours and last departure from Kirkenes no earlier than 19.00 hours,

| — | single-carrier return service to Vadsø. First arrival in Vadsø no later than 10.30 hours and last departure from Vadsø no earlier than 18.30 hours, |
| --- | --- |

—

single-carrier return service to Vadsø. First arrival in Vadsø no later than 10.30 hours and last departure from Vadsø no earlier than 18.30 hours,

| — | single-carrier return service to Hammerfest, |
| --- | --- |

—

single-carrier return service to Hammerfest,

| — | the schedules must ensure connections with at least two air services both to and from Tromsø. |
| --- | --- |

—

the schedules must ensure connections with at least two air services both to and from Tromsø.

Mehamn

A minimum of four daily departures and arrivals, ensuring the following:

| — | minimum two single-carrier return services to Hammerfest. First arrival in Hammerfest shall be no later than 8.30 hours. In both directions last departure shall be no earlier than 17.00 hours, |
| --- | --- |

—

minimum two single-carrier return services to Hammerfest. First arrival in Hammerfest shall be no later than 8.30 hours. In both directions last departure shall be no earlier than 17.00 hours,

| — | minimum two single-carrier return services to Vadsø. In both directions last departure shall be no earlier than 16.00 hours, |
| --- | --- |

—

minimum two single-carrier return services to Vadsø. In both directions last departure shall be no earlier than 16.00 hours,

| — | single-carrier return service to Kirkenes, |
| --- | --- |

—

single-carrier return service to Kirkenes,

| — | the schedules must ensure connections with at least two air services both to and from Tromsø. |
| --- | --- |

—

the schedules must ensure connections with at least two air services both to and from Tromsø.

Honningsvåg

A minimum of four daily departures and arrivals, ensuring the following:

| — | minimum two single-carrier return services to Hammerfest. First arrival in Hammerfest shall be no later than 8.30 hours. In both directions last departure shall be no earlier than 17.00 hours, |
| --- | --- |

—

minimum two single-carrier return services to Hammerfest. First arrival in Hammerfest shall be no later than 8.30 hours. In both directions last departure shall be no earlier than 17.00 hours,

| — | minimum two single-carrier return services to Vadsø. In both directions last departure shall be no earlier than 16.00 hours, |
| --- | --- |

—

minimum two single-carrier return services to Vadsø. In both directions last departure shall be no earlier than 16.00 hours,

| — | the schedules must ensure connections with at least two air services both to and from Tromsø. |
| --- | --- |

—

the schedules must ensure connections with at least two air services both to and from Tromsø.

Requirements for Saturday-Sunday

The following requirements apply to Saturday and Sunday combined:

| — | the capacity offered shall be at least 110 seats both to and from Alta, at least 150 seats both to and from Hammerfest, at least 150 seats both to and from Kirkenes and at least 225 seats both to and from Vadsø, |
| --- | --- |

—

the capacity offered shall be at least 110 seats both to and from Alta, at least 150 seats both to and from Hammerfest, at least 150 seats both to and from Kirkenes and at least 225 seats both to and from Vadsø,

| — | minimum number of departures and arrivals at least as on each day Monday-Friday for Hammerfest, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn and Honningsvåg, |
| --- | --- |

—

minimum number of departures and arrivals at least as on each day Monday-Friday for Hammerfest, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn and Honningsvåg,

| — | minimum two single-carrier return services Honningsvåg–Hammerfest, |
| --- | --- |

—

minimum two single-carrier return services Honningsvåg–Hammerfest,

| — | single-carrier return service to Vadsø from Båtsfjord, Berlevåg, Mehamn and Honningsvåg, |
| --- | --- |

—

single-carrier return service to Vadsø from Båtsfjord, Berlevåg, Mehamn and Honningsvåg,

| — | single-carrier return service to Hammerfest from Båtsfjord, Berlevåg and Mehamn, |
| --- | --- |

—

single-carrier return service to Hammerfest from Båtsfjord, Berlevåg and Mehamn,

| — | single-carrier return service Vadsø–Alta, |
| --- | --- |

—

single-carrier return service Vadsø–Alta,

| — | single-carrier return service Kirkenes–Alta, |
| --- | --- |

—

single-carrier return service Kirkenes–Alta,

| — | number of connections with air services to and from Tromsø at least as on each day Monday-Friday for Båtsfjord, Berlevåg, Mehamn and Honningsvåg. |
| --- | --- |

—

number of connections with air services to and from Tromsø at least as on each day Monday-Friday for Båtsfjord, Berlevåg, Mehamn and Honningsvåg.

The following requirements apply to both Saturday and Sunday:

| — | departure and arrival at each of the airports Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Kirkenes and Alta, |
| --- | --- |

—

departure and arrival at each of the airports Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Kirkenes and Alta,

| — | single-carrier return service Vadsø–Hammerfest, |
| --- | --- |

—

single-carrier return service Vadsø–Hammerfest,

| — | single-carrier return service Vadsø–Kirkenes, |
| --- | --- |

—

single-carrier return service Vadsø–Kirkenes,

| — | connection both to and from Tromsø for Båtsfjord, Berlevåg, Mehamn and Honningsvåg. |
| --- | --- |

—

connection both to and from Tromsø for Båtsfjord, Berlevåg, Mehamn and Honningsvåg.

2.1.2.   Aircraft category

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

2.2.   Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., Sørkjosen–Tromsø v.v.

2.2.1.   The following requirements apply to minimum frequencies, seating capacity, routing and timetables for Hasvik–Tromsø v.v. and Hasvik–Hammerfest v.v.

The requirements apply throughout the year.

Hasvik–Tromsø v.v.:

| — | minimum two daily return services Monday-Friday, of which at least one must be scheduled to connect with air services Tromsø–Oslo v.v., |
| --- | --- |

—

minimum two daily return services Monday-Friday, of which at least one must be scheduled to connect with air services Tromsø–Oslo v.v.,

| — | minimum one return service on Sunday, scheduled to connect with air services Tromsø–Oslo v.v., |
| --- | --- |

—

minimum one return service on Sunday, scheduled to connect with air services Tromsø–Oslo v.v.,

| — | on Monday-Friday first arrival in Tromsø shall be no later than 10.00 hours and last departure from Tromsø no earlier than 13.30 hours, |
| --- | --- |

—

on Monday-Friday first arrival in Tromsø shall be no later than 10.00 hours and last departure from Tromsø no earlier than 13.30 hours,

| — | in both directions at least one of the required daily flights Monday-Friday shall be non-stop. The remainder may have a maximum of two intermediate stops, of which one may be entailed by a change of aircraft provided that the connecting time does not exceed 45 minutes and that the carrier serves the entire route to and from Tromsø. |
| --- | --- |

—

in both directions at least one of the required daily flights Monday-Friday shall be non-stop. The remainder may have a maximum of two intermediate stops, of which one may be entailed by a change of aircraft provided that the connecting time does not exceed 45 minutes and that the carrier serves the entire route to and from Tromsø.

Hasvik–Hammerfest v.v.:

| — | minimum one daily return service Monday-Friday, with first arrival in Hammerfest no later than 8.30 hours and last departure from Hammerfest no earlier than 14.30 hours. |
| --- | --- |

—

minimum one daily return service Monday-Friday, with first arrival in Hammerfest no later than 8.30 hours and last departure from Hammerfest no earlier than 14.30 hours.

Seating capacity:

| — | on a weekly basis at least 120 seats shall be offered both to and from Hasvik on the Hasvik–Tromsø and Hasvik–Hammerfest routes combined, |
| --- | --- |

—

on a weekly basis at least 120 seats shall be offered both to and from Hasvik on the Hasvik–Tromsø and Hasvik–Hammerfest routes combined,

| — | the number of seats offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication. |
| --- | --- |

—

the number of seats offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication.

2.2.2.   The following requirements apply to minimum frequencies, seating capacity, routing and timetables for Sørkjosen–Tromsø v.v.

The requirements apply throughout the year. A daily service obligation applies in both directions.

Frequencies:

| — | minimum two daily return services Monday-Friday, |
| --- | --- |

—

minimum two daily return services Monday-Friday,

| — | minimum two return services Saturday-Sunday combined. |
| --- | --- |

—

minimum two return services Saturday-Sunday combined.

Seating capacity:

| — | in both directions at least 190 seats shall be offered Monday-Friday combined, and at least 35 seats Saturday-Sunday combined, |
| --- | --- |

—

in both directions at least 190 seats shall be offered Monday-Friday combined, and at least 35 seats Saturday-Sunday combined,

| — | the number of seats offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication. |
| --- | --- |

—

the number of seats offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication.

Routing:

| — | the required services must be non-stop. |
| --- | --- |

—

the required services must be non-stop.

Timetables:

The required services must be scheduled to connect with air routes Tromsø–Oslo v.v.

In addition, the following apply to the required flights on Monday-Friday:

| — | first arrival in Tromsø shall be no later than 9.30 hours and last departure from Tromsø no earlier than 19.00 hours, |
| --- | --- |

—

first arrival in Tromsø shall be no later than 9.30 hours and last departure from Tromsø no earlier than 19.00 hours,

| — | first departure from Tromsø shall be no later than 11.30 hours and last departure from Sørkjosen no earlier than 17.00 hours. |
| --- | --- |

—

first departure from Tromsø shall be no later than 11.30 hours and last departure from Sørkjosen no earlier than 17.00 hours.

2.2.3.   Aircraft category

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

3.   THE FOLLOWING SPECIFICATIONS APPLY ON ALL ROUTES

3.1.   Technical and operative conditions

Carriers’ attention is especially drawn to technical and operative conditions applying at the airports. For further information, please contact:

| Luftfartstilsynet (Civil Aviation Authority) |
| --- |
| PO Box 243 |
| 8001 Bodø |
| NORWAY |
| Tel. +47 75585000 |

Luftfartstilsynet (Civil Aviation Authority)

PO Box 243

8001 Bodø

NORWAY

Tel. +47 75585000

3.2.   Fares

The maximum basic fully flexible one-way fare (maximum fare) in the operating year beginning 1 April 2010 must not exceed the following amounts in NOK.

| To | Alta | Berlevåg | Båtsfjord | Hammerfest | Honningsvåg | Kirkenes | Mehamn | Vadsø | Vardø |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| From |
| Alta | — | 1 180 | 1 149 | 519 | 1 021 | 1 149 | 1 180 | 1 149 | — |
| Berlevåg | 1 180 | — | 418 | 1 039 | 700 | 827 | 418 | 700 | — |
| Båtsfjord | 1 149 | 418 | — | 1 039 | 827 | 700 | 519 | 651 | — |
| Hammerfest | 519 | 1 039 | 1 039 | — | 700 | 1 149 | 911 | 1 149 | — |
| Honningsvåg | 1 021 | 700 | 827 | 700 | — | 1 149 | 519 | 1 039 | — |
| Kirkenes | 1 149 | 827 | 700 | 1 149 | 1 149 | — | 986 | 418 | 550 |
| Mehamn | 1 180 | 418 | 519 | 911 | 519 | 986 | — | 863 | — |
| Vadsø | 1 149 | 700 | 651 | 1 149 | 1 039 | 418 | 863 | — | — |
| Vardø | — | — | — | — | — | 550 | — | — | — |

To

Alta

Berlevåg

Båtsfjord

Hammerfest

Honningsvåg

Kirkenes

Mehamn

Vadsø

Vardø

From

Alta

—

1 180

1 149

519

1 021

1 149

1 180

1 149

—

Berlevåg

1 180

—

418

1 039

700

827

418

700

—

Båtsfjord

1 149

418

—

1 039

827

700

519

651

—

Hammerfest

519

1 039

1 039

—

700

1 149

911

1 149

—

Honningsvåg

1 021

700

827

700

—

1 149

519

1 039

—

Kirkenes

1 149

827

700

1 149

1 149

—

986

418

550

Mehamn

1 180

418

519

911

519

986

—

863

—

Vadsø

1 149

700

651

1 149

1 039

418

863

—

—

Vardø

—

—

—

—

—

550

—

—

—

Maximum fare does not apply where such fare is not stated in the table.

| Hasvik–Tromsø | 1 109 |
| --- | --- |
| Hasvik–Hammerfest | 519 |
| Sørkjosen–Tromsø | 590 |

Hasvik–Tromsø

1 109

Hasvik–Hammerfest

519

Sørkjosen–Tromsø

590

For each subsequent operating year the maximum fare shall be adjusted on 1 April within the limit 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).

The carrier shall offer tickets through at least one sales channel belonging to the carrier. The carrier is responsible for making tickets available at a price not exceeding the maximum fare through all sales channels belonging to the carrier.

Maximum fare applies also to tickets offered by other companies controlled by the carrier. The carrier is responsible for the compliance of the maximum fare by such companies.

The maximum fare shall include all taxes and fees to the authorities, and all other extra charges (service-fees etc.) the carrier adds on when issuing the tickets.

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 offer tickets through a Computer Reservation System (CRS).

4.   ADDITIONAL CONDITIONS FOLLOWING A TENDER PROCEDURE

Following a tender procedure, which limits access to the routes to one carrier, these conditions apply in addition:

| | 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 per cent of the fully flexible fare, |
| --- | --- | --- |

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 per cent 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,

| — | social discounts shall be granted in accordance with the guidelines published in Appendix B to this notification. |
| --- | --- |

—

social discounts shall be granted in accordance with the guidelines published in Appendix B to this notification.

| | 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. |
| --- | --- | --- |

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.

5.   REPLACEMENT AND LIFTING OF PREVIOUS PUBLIC SERVICE OBLIGATIONS

These public service obligations replace those previous published in the Official Journal of the European Union C 199 and the EEA Supplement No 160 of 24 August 2006 for:

| — | routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta, |
| --- | --- |

—

routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta,

| — | Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., Sørkjosen–Tromsø v.v. |
| --- | --- |

—

Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., Sørkjosen–Tromsø v.v.

6.   INFORMATION

Further information can be obtained from:

| The Ministry of Transport and Communications |
| --- |
| PO Box 8010 Dep |
| 0030 Oslo |
| NORWAY |
| Tel. +47 22248353 |
| Fax +47 22245609 |

The Ministry of Transport and Communications

PO Box 8010 Dep

0030 Oslo

NORWAY

Tel. +47 22248353

Fax +47 22245609

---

(1)  Regulation (EEC) No 2408/92 has been replaced by Regulation (EC) No 1008/2008 of the European Parliament and of the Council. Regulation (EC) No 1008/2008 has not been included in the EEA Agreement. Legal authority for this tender is therefore Regulation (EEC) No 2408/92 that is in force as Norwegian regulation.

---

Appendix A

THE 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 point 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 80 per cent. When the average passenger load factor on these routes exceeds 80 per cent in any of the periods mentioned in point 2, the operator shall increase production/available seats offered by at least 10 per cent 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 80 per cent.

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 per cent. When the average passenger load factor on these routes is lower than 35 per cent in any of the periods mentioned in point 2, the operator may decrease production/available seats offered by no more than 25 per cent 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 point 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, even if this involves reduced 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 for approving proposed time schedules submitted by the operator, including changes in production/number of provided seats. Reference is made to Circular N-3/2005 by the Norwegian Ministry of Transport and Communications, included in the tender file.

4.2.   If production/available seats offered shall be reduced according to point 3.2, a proposal for a new traffic program shall be circulated to the affected county councils, and these shall have sufficient time to make a statement before the change is put into effect. If the proposed new traffic program includes changes violating any other requirements than the number of flights and seat capacity, laid down in the public service obligations, the new traffic program must be sent to the Ministry of Transport and Communications for approval.

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

4.4.   If new production/number of provided seats shall be offered according to point 3.1, and the operator and the county (counties) as administrative unit affected cannot agree upon time schedules according to point 4.3, the operator can seek approval according to point 4.1 for a different time schedule for the new production/provided seats 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 if the Ministry shall approve proposals that diverge from those which could be agreed by the counties.

5.   Unchanged financial compensation when changing production

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

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

---

Appendix B

PROVISIONS ON SOCIAL DISCOUNTS

| 1. | On routes where the Norwegian Ministry of Transport and Communication purchases air services in accordance with the public service obligations, the following groups of people are entitled to social discounts:






  (a) | persons aged from 67 years at the day of departure; |
| --- | --- | --- |

1.

On routes where the Norwegian Ministry of Transport and Communication purchases air services in accordance with the public service obligations, the following groups of people are entitled to social discounts:

(a)

persons aged from 67 years at the day of departure;

| (b) | blind persons aged from 16 years; |
| --- | --- |

(b)

blind persons aged from 16 years;

| (c) | disabled persons aged from 16 years who receive disability pension according to the Norwegian act No 19 of 28 February 1997 on National insurance ‘Folketrygdloven’ Chapter 12, or similar law in any EEA country; |
| --- | --- |

(c)

disabled persons aged from 16 years who receive disability pension according to the Norwegian act No 19 of 28 February 1997 on National insurance ‘Folketrygdloven’ Chapter 12, or similar law in any EEA country;

| (d) | students aged from 16 years attending special schools for people with hearing problems; |
| --- | --- |

(d)

students aged from 16 years attending special schools for people with hearing problems;

| (e) | accompany spouse/partner irrespective of age, or a person who has to accompany persons included in (a)-(d). The person entitled to discount decides the need for escort; |
| --- | --- |

(e)

accompany spouse/partner irrespective of age, or a person who has to accompany persons included in (a)-(d). The person entitled to discount decides the need for escort;

| (f) | travellers aged under 16 years at the day of departure. |
| --- | --- |

(f)

travellers aged under 16 years at the day of departure.

| 2. | The discount for people included in section 1 shall be 50 per cent of the maximum fare. |
| --- | --- |

2.

The discount for people included in section 1 shall be 50 per cent of the maximum fare.

| 3. | This discount is not applicable when the travel is paid for by the government and/or social security office. |
| --- | --- |

3.

This discount is not applicable when the travel is paid for by the government and/or social security office.

| 4. | An adult (aged from 16 years) may carry a child aged under 2 years for free, provided that the child does not occupy its own seat and when travelling together on the entire journey. |
| --- | --- |

4.

An adult (aged from 16 years) may carry a child aged under 2 years for free, provided that the child does not occupy its own seat and when travelling together on the entire journey.

| 5. | Following documents may be required by the passenger:






  (a) | persons mentioned in section 1, letter (a) must show an official document with picture and day of birth; |
| --- | --- | --- |

5.

Following documents may be required by the passenger:

(a)

persons mentioned in section 1, letter (a) must show an official document with picture and day of birth;

| (b) | persons mentioned in section 1, letter (b) and (c) must provide proof of eligibility by means of official documentation from the Norwegian National insurance or ‘Norges Blindeforbund’. Persons from other EEA countries must provide similar documentation from their home country; |
| --- | --- |

(b)

persons mentioned in section 1, letter (b) and (c) must provide proof of eligibility by means of official documentation from the Norwegian National insurance or ‘Norges Blindeforbund’. Persons from other EEA countries must provide similar documentation from their home country;

| (c) | persons mentioned in section 1, letter (d) must present a student certificate and a letter from the social security office stating that the student is receiving pension according to the Norwegian act of National insurance. Persons from other EEA countries must provide similar documentation from their home country. |
| --- | --- |

(c)

persons mentioned in section 1, letter (d) must present a student certificate and a letter from the social security office stating that the student is receiving pension according to the Norwegian act of National insurance. Persons from other EEA countries must provide similar documentation from their home country.

---

| 17.9.2009 | EN | Official Journal of the European Union | C 224/15 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/15

---

Scheduled regional air services in Finnmark and North-Troms (Norway)

Invitation to tender

2009/C 224/08

1.   Introduction

Norway has decided to publish a new tender for operation of scheduled regional air services in Finnmark and North-Troms for the period 1 April 2010 until 31 March 2013.

With effect from 1 April 2010, Norway has decided to amend public service obligations on scheduled regional air services in Finnmark and North-Troms, previously published according 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 (1). The amended obligations were published in the Official Journal of the European Union
   (2) and in the EEA Supplement No 49 of 17 September 2009.

Insofar as by two months from the latest day of submission of tender (cf. Section 6) no air carrier has provided documentary evidence to the Ministry of Transport and Communications of commencing scheduled flights on 1 April 2010 in conformity with the amended public service obligation imposed on one or more of the tenders stated in Section 2 of this publication, the Ministry will apply the tender procedure provided for by Article 4.1(d) of Regulation (EEC) No 2408/92, thereby limiting access as of 1 April 2010 to only one air carrier for each route area stated in Section 2.

The purpose of this invitation is to invite tenders which will be used as basis for assignment of such exclusive rights.

Below, the most important parts of the Conditions of Tenders will be reproduced. The complete Invitation to Tender, can be downloaded from http://www.regjeringen.no/en/dep/sd/Documents/Other-documents/Tenders, or be obtained free of charge on application to:

| Ministry of Transport and Communications |
| --- |
| PO Box 8010 Dep. |
| 0030 Oslo |
| NORWAY |
| Tel. +47 22248353 |
| Fax +47 22245609 |

Ministry of Transport and Communications

PO Box 8010 Dep.

0030 Oslo

NORWAY

Tel. +47 22248353

Fax +47 22245609

All tenderers are obliged to acquaint themselves with the complete Invitation to Tender.

2.   Services covered by the invitation

The invitation comprises scheduled flights from 1 April 2010 until 31 March 2013, in accordance with the public service obligations mentioned in Section 1. The following route areas and corresponding tenders are covered by the competition:

| — | Route area 1 | Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta |
| --- | --- | --- |
| — | Route area 2 | Hasvik–Tromsø, Hasvik–Hammerfest, Sørkjosen–Tromsø |

—

Route area 1

Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta

—

Route area 2

Hasvik–Tromsø, Hasvik–Hammerfest, Sørkjosen–Tromsø

Air carriers are invited to tender for a combination of the two route areas, particularly if this reduces the total compensation required. Tenderers are obliged to submit tenders for each individual route area in case they are chosen for one area alone.

If tenderers wish to submit tenders for permitted combinations of route areas, they must also submit tender budgets for each individual route area. The tender budget shall show the allocation of expenses and revenues for each of the route areas included in the combination and clearly state the compensation required for each individual route area.

In case a carrier submits a tender where the claim for compensation is NOK zero, it will be understood as a whish from the carrier to operate the route on an exclusive basis, but without any compensation from the Norwegian State.

3.   Eligibility to tender

All air carriers holding a valid operating licence pursuant to Regulation (EEC) No 2407/92 on licensing of air carriers or Regulation (EC) No 1008/2008 are eligible to tender.

4.   Tender procedure

The invitation to tender is subject to the provisions of subparagraphs (d)-(i) of Article 4.1 of Regulation (EEC) No 2408/92, and Section 4 of the Norwegian Regulation No 256 of 15 April 1994 on tender procedures in connection with public service obligations to implement Article 4 of Regulation (EEC) No 2408/92.

The procurement will be effected by means of an open tender procedure.

The Ministry of Transport and Communications reserves the right to apply subsequent negotiations if only one tender is received at the closing date for submission of tender, or if only one tender is not rejected. Such negotiation shall be in accordance with the public service obligations imposed. In addition, the parties are not entitled to make substantial amendments to the original terms of contract during such negotiations. If the subsequent negotiations do not lead to an acceptable solution, the Ministry of Transport and Communications reserves the right to cancel the entire procedure. In that case, a new invitation to tender on new terms may be published.

The Ministry of Transport and Communications may make procurements through negotiations without publication in advance if no tenders are submitted. In that case, no substantial amendments must be made in the original public service obligations or in the remaining terms of contract. In case reasonable grounds appear as a result of the tender, the Ministry of Transport and Communications reserves the right to refuse each and all tenders.

The tender is binding on the tenderer until the tender procedure is ended, or the award is made.

5.   The tender

The tender shall be framed in accordance with the requirements in Section 5 of the Conditions of Tender, including the requirements listed in the public service obligations.

6.   Submission of tender

The deadline for submission of tender is Monday 19 October 2009 at 12.00 (local time). The tender must be received by the Ministry of Transport and Communications at the address mentioned in Section 1 not later than the deadline for submission of tender.

The tender shall be delivered either personally at the office address of the Ministry of Transport and Communications, or sent by post or courier services.

Tenders received too late will be rejected. However, tenders received after the deadline for submission of tender, but before the opening date, will not be rejected if it clearly appears that the dispatch is sent so early that it normally should have been received before the closing date. Receipt from the delivery of the dispatch is accepted as evidence for the delivery, and the time for delivery.

All tenders must be submitted in 3 — three — copies.

7.   Award of contract

| 7.1. | The contract shall as the principle rule be awarded to the tender that for each route area or for each permitted combination of route areas, has the lowest claim for compensation for the whole contract period from 1 April 2010 until 31 March 2013. |
| --- | --- |

7.1.

The contract shall as the principle rule be awarded to the tender that for each route area or for each permitted combination of route areas, has the lowest claim for compensation for the whole contract period from 1 April 2010 until 31 March 2013.

| 7.2. | If, among route areas permitted to combine according to Section 2, tenders are submitted that do not require compensation but only exclusive rights in accordance with Section 2, last paragraph, award shall, irrespective of Section 7.1, be made to such tenders. Subsequently the provisions in Section 7.1 shall be applied to the rest of the route areas. |
| --- | --- |

7.2.

If, among route areas permitted to combine according to Section 2, tenders are submitted that do not require compensation but only exclusive rights in accordance with Section 2, last paragraph, award shall, irrespective of Section 7.1, be made to such tenders. Subsequently the provisions in Section 7.1 shall be applied to the rest of the route areas.

| 7.3. | In case award cannot be made because there are tenders requiring identical amounts of compensation, the award shall be made to the tender, offering the highest number of seats for the whole contract period. |
| --- | --- |

7.3.

In case award cannot be made because there are tenders requiring identical amounts of compensation, the award shall be made to the tender, offering the highest number of seats for the whole contract period.

8.   Contract period

All tender contracts will be entered into for the period from 1 April 2010 until 31 March 2013. The contract is non-terminable, except for those situations described in the contract provisions reproduced in Section 11.

9.   Financial compensation

The operator is entitled to financial compensation from the Ministry of Transport and Communications in accordance with the tender agreement. The compensation shall be specified for each of the three operating years, and for the entire contract period.

No adjustment of the compensation shall be made for the first operating year.

For the second and third operating year, the compensation will be recalculated on the basis of the tender budget adjusted for operating revenues and expenses. These adjustments must be within the limits defined by Statistics Norway’s consumer price index for the 12-month period ending on 15 February the same year.

No change shall be made in the compensation as a result of the production volume being adjusted upwards or downwards pursuant to Section 5.1, second paragraph of the Terms of Contract.

This is subject to the proviso that the Storting (the Norwegian Parliament), when adopting its annual budget, makes the necessary funds available to the Ministry of Transport and Communications to cover the compensation requirements.

The operator shall retain all revenues generated by the service. If the revenues are greater or the expenditure smaller than the figures on which the tender budget is based, the operator may retain the balance. Correspondingly, the Ministry of Transport and Communications is not obliged to cover any negative balance in relation to the tender budget.

All public charges, including aviation charges, are payable by the operator.

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 per cent of the planned number of flights in accordance with the approved time schedule.

10.   Renegotiation

If, during the contract period, material or unforeseen changes occur in the assumptions on which this contract is based, each of the parties may request negotiations for revision of the contract. Such request must be made three months at the latest after the change has occurred.

Material changes in the public charges for which the operator is liable always constitute grounds for renegotiation.

If new statutory or regulatory requirements, or orders issued by the Civil Aviation Authority result in an airfield having to be used in a different manner than originally assumed by the operator, the parties shall endeavour to negotiate amendments in the contract that allow the operator to continue operations for the rest of the contract period. If the parties fail to reach agreement, the operator is entitled to compensation pursuant to the rules relating to shutting down or closure (Section 11) insofar as they are applicable.

11.   Termination of contract following breach of contract or unforeseen changes in important conditions

Subject to the restrictions following from insolvency law, the Ministry of Transport and Communications may terminate the contract with immediate effect if the operator becomes insolvent, initiate debt settlement proceedings, goes bankrupt or is subject to any other situation dealt with in Section 14(2) of the Norwegian Regulation No 256 of 15 April 1994 on tender procedures in connection with public service obligations.

The Ministry of Transport and Communications may terminate the contract with immediate effect if the operator loses, or is not able to renew, his licence.

If, due to force majeure or other circumstances beyond the operator’s control, the operator has been unable to fulfil its contractual obligations for more than four of the last six months, the contract can be terminated by both parties by giving one month’s written notice.

If the Storting decides to close an airfield, or if an airfield is closed as a result of an order issued by the Civil Aviation Authority, the parties ordinary contractual obligations lapse from such time as the airfield is actually shut down or closed.

If the period of time between the operator first being informed about the shutting down or closure and the actual shutting down or closure is greater than one year, the operator is not entitled to compensation for any financial loss it incurs as a result of the termination of the contract. If the period mentioned is less than one year, the operator is entitled to be restored to the financial situation it would have been in had operations been continued for one year from the date it was notified of the shutting down or closure, or alternatively until 31 March 2013 if this date is earlier.

In the event of material breach of contract, the contract may be cancelled with immediate effect by the other party.

---

(1)  Regulation (EEC) No 2408/92 has been replaced by Regulation (EC) No 1008/2008 of the European Parliament and of the Council. Regulation (EC) No 1008/2008 has not been included in the EEA Agreement. Legal authority for this tender is therefore Regulation (EEC) No 2408/92 that is in force as Norwegian regulation.

(2)  See page 6 of this Official Journal.

---

V Announcements

COURT PROCEEDINGS

EFTA Court

| 17.9.2009 | EN | Official Journal of the European Union | C 224/19 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/19

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JUDGMENT OF THE COURT

of 13 May 2009

in Case E-6/08

EFTA Surveillance Authority v the Kingdom of Norway

(Failure by a Contracting Party to fulfil its obligation — Directive 2002/91/EC on the energy performance of buildings)

2009/C 224/09

In Case E-6/08, EFTA Surveillance Authority v the Kingdom of Norway — APPLICATION for a declaration that, by failing to adopt or notify the EFTA Surveillance Authority of the measures necessary to implement Articles 6-10 of the Act referred to at point 17 of Annex IV to the Agreement on the European Economic Area, i.e. Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, the Kingdom of Norway has failed to fulfil its obligations under Article 15(1) of that Act and under Article 7 EEA, the Court, composed of: Carl Baudenbacher, President, Henrik Bull, Judge, and Thorgeir Örlygsson, Judge-Rapporteur, gave judgment on 13 May 2009, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by failing to adopt, within the time limit prescribed, the measures necessary to implement Articles 6-10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Kingdom of Norway has failed to fulfil its obligations under Article 15(1) of the Directive and Article 7 of the Agreement on the European Economic Area. |
| --- | --- |

1.

Declares that, by failing to adopt, within the time limit prescribed, the measures necessary to implement Articles 6-10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Kingdom of Norway has failed to fulfil its obligations under Article 15(1) of the Directive and Article 7 of the Agreement on the European Economic Area.

| 2. | Orders the Kingdom of Norway to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Kingdom of Norway to bear the costs of the proceedings.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 17.9.2009 | EN | Official Journal of the European Union | C 224/20 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/20

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain graphite electrode systems originating in India

2009/C 224/10

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain graphite electrode systems originating in India (‘country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 18 June 2009 by three Community producers: SGL Carbon, Erftcarbon and GrafTech (‘the applicants’) representing a major proportion, in this case more than 50 %, of the total Community production of certain graphite electrode systems.

2.   Product

The product under review is graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,65 g/cm3 or more and an electrical resistance of 6,0 μΩ.m or less, currently falling within CN code ex 8545 11 00 and nipples used for such electrodes, currently falling within CN code ex 8545 90 90 whether imported together or separately originating in India (‘the product concerned’).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1629/2004 (3) on imports of certain graphite electrode systems originating in India, as last amended by Council Regulation (EC) No 1354/2008 (4).

4.   Grounds for the review

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

The allegation of continuation of dumping for India is based on a comparison of a normal value, based on domestic prices in India, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

Furthermore, it is also alleged that that imports of the product concerned from India have continued to enter in significant quantities, and that such quantities would be likely to remain at their current levels, if not increase, inter alia, due to the potential of the manufacturing facilities of the exporting producers.

In addition, the applicants allege that the current improved situation with regard to injury is mainly due to the existence of measures and that any continuation of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of further injury to the Community industry should measures be allowed to lapse.

5.   Procedure

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

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

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.

(a)   Sampling

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

(i)   Sampling for importers

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

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

—

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

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

—

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

| — | the volume in tonnes and value in euro of imports into and resales made on the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in India, |
| --- | --- |

—

the volume in tonnes and value in euro of imports into and resales made on the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in India,

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

—

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

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

—

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

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

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

(ii)   Sampling for Community producers

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

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

—

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

| — | the precise activities of the company worldwide with regard to the production of the like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the production of the like product during the period 1 July 2008 to 30 June 2009,

| — | the value in euro of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the value in euro of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the volume in tonnes of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes imported into the Community of the product concerned produced in India during the period 1 July 2008 to 30 June 2009, if applicable, |
| --- | --- |

—

the volume in tonnes imported into the Community of the product concerned produced in India during the period 1 July 2008 to 30 June 2009, if applicable,

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

—

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

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

—

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

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

(iii)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

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

(c)   Collection of information and holding of hearings

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

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

5.2.   
  Procedure for the assessment of Community interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

(i)

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

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

(ii)

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

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

(iii)

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

7.   Written submissions, questionnaire replies and correspondence

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/92 |
| 1049 Brussels |
| BELGIUM |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/92

1049 Brussels

BELGIUM

Fax +32 22956505

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

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

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

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

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

11.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

12.   Hearing Officer

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

---

(1)  OJ C 34, 11.2.2009, p. 11.

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

(3)  OJ L 295, 18.9.2004, p. 10.

(4)  OJ L 350, 30.12.2008, p. 24.

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

(6)  See footnote 5.

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

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

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| 17.9.2009 | EN | Official Journal of the European Union | C 224/24 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/24

---

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain graphite electrode systems originating in India

2009/C 224/11

Following the publication of a notice of impending expiry (1) of the anti-subsidy measures in force on imports of certain graphite electrode systems originating in India, (‘country concerned’), the Commission has received a request for review pursuant to Article 18 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 18 June 2009 by three Community producers: SGL Carbon, Erftcarbon and GrafTech (‘the applicants’) representing a major proportion, in this case more than 50 %, of the total Community production of certain graphite electrode systems.

2.   Product

The product under review is graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,65 g/cm3 or more and an electrical resistance of 6,0 μΩ.m or less, currently falling within CN code ex 8545 11 00 and nipples used for such electrodes, currently falling within CN code ex 8545 90 90 whether imported together or separately originating in India (‘the product concerned’).

3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 1628/2004 on imports of certain graphite electrode systems originating in India (3).

4.   Grounds for the review

The applicants have provided evidence that the expiry of the measures would be likely to lead to a continuation or recurrence of subsidisation and injury to the Community industry.

It is alleged that the producers of the product concerned have benefited and will continue to benefit from a number of subsidies granted by the Government of India. These alleged subsidies consist of the Advance Authorisation Scheme; the Duty Entitlement Passbook Scheme; the Export Promotion Capital Goods Scheme; and the Electricity Duty Exemption of the State of Madhya Pradesh.

The total subsidy estimated is significant.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the government of India or other regional governments and confer a benefit to the recipients, i.e. to exporters/producers of certain graphite electrode systems. They are alleged to be contingent upon export performance or do not appear to be granted according to criteria and conditions clearly set out by law, regulation, or other official document, and are therefore specific and countervailable.

Furthermore, it is also alleged that that imports of the product concerned from India have continued to enter in significant quantities, and that such quantities would be likely to remain at their current levels, if not increase, inter alia, due to the potential of the manufacturing facilities of the exporting producers.

In addition, the applicants allege that the current improved situation with regard to injury is mainly due to the existence of measures and that any continuation of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of further injury to the Community industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 18 of the basic Regulation.

5.1.   
  Procedure for the determination of likelihood of subsidisation and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of subsidisation and injury.

(a)   Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 27 of the basic Regulation.

(i)   Sampling for importers

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

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

—

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

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

—

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

| — | the volume in tonnes and value in euro of imports into and resales made on the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in India, |
| --- | --- |

—

the volume in tonnes and value in euro of imports into and resales made on the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in India,

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

—

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

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

—

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

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

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

(ii)   Sampling for Community producers

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

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

—

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

| — | the precise activities of the company worldwide with regard to the production of the like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the production of the like product during the period 1 July 2008 to 30 June 2009,

| — | the value in euro of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the value in euro of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the volume in tonnes of sales of the like product made on the Community market during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009, |
| --- | --- |

—

the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009,

| — | the volume in tonnes imported into the Community of the product concerned produced in India during the period 1 July 2008 to 30 June 2009, if applicable, |
| --- | --- |

—

the volume in tonnes imported into the Community of the product concerned produced in India during the period 1 July 2008 to 30 June 2009, if applicable,

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

—

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

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

—

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

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

(iii)   Final selection of the samples

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

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

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

If sufficient cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 27(4) and 28 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

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

(c)   Collection of information and holding of hearings

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

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

5.2.   
  Procedure for the assessment of Community interest

In accordance with Article 31 of the basic Regulation and in the event that the continuation or recurrence of subsidisation and injury is confirmed, a determination will be made as to whether maintaining the anti-subsidy measures would not be against the Community interest. For this reason the Commission may send questionnaires to the known Community industry, importers, their representative associations, representative users and representative consumer organisations. Such parties, including those not known to the Commission, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the preceding sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 31 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

(i)

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

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

(ii)

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

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

(iii)

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (6) and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8.   Non-cooperation

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

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 28 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

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

10.   Possibility to request a review under Article 19 of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 18 of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 22(3) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 19 of the basic Regulation.

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

11.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7).

12.   Hearing Officer

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

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(1)  OJ C 34, 11.2.2009, p. 11.

(2)  OJ L 188, 18.7.2009, p. 93.

(3)  OJ L 295, 18.9.2004, p. 4.

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

(5)  See footnote 4.

(6)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

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

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