No C 262/6 EN Official Journal of the European Communities 7 . 10 . 95

Notice pursuant to Article 5 (2) of Council Regulation (EEC) No 3975/87 O concerning case No IV/35.087 — Premiair — an agreement between Scandinavian Leisure Group AB and Simon Spies Holding A/S relating to the establishment of a joint airline (95 /C 262/04) (Text with EEA relevance)

I. The application mainly provided its transport services to internal tour operators within the Spies group . On 31 May 1994, Premiair A/S (Premiair), Hangar 276, Kobenhavns Lufthavn Syd , DK-2791 Dragør submitted an application on behalf of Scandinavian Leisure Group Scanair and Conair ceased flight activities and Premiair AB (SLG), Sveavägen 25 , S - 1 0520 and Simon will pool the facilities of those two airlines . Spies Holding A/ S (Spies), Nyropsgade 41 , DK-1780 Kobenhavn V , for a negative clearance in respect of Article 85 ( 1 ), pursuant to Article 3 (2) of Regulation III . The agreement (EEC) No 3975 / 87 and Article 53 of the EEA Agreement, together with an application applying alter­ (a) Origin and duration natively for an exemption according to Article 85 (3), pursuant to Article 5 of Regulation (EEC) No 3975 / 87 On 9 September 1993 SLG and Spies concluded a share­ for an agreement concerning the establishment of a joint holders agreement to establish as of 1 January 1994 a airline . new airline in , Premiair, with its domicile in . Each party own 50 % of the shares . The agreement will remain in force as long as any of the II . The parties notifying parties are shareholders in the airline . The agreement contains detailed rules for the sale or transfer Premiair is a new airline, which has been established of shares . Annex I of the agreement is a commercial jointly on a 50/ 50 basis by SLG and Spies . The airline's agreement spelling out the basis for cooperation between main activity is to provide air transport primarily for tour Premiair and the internal tour operators of SLG and operators belonging to SLG and Spies , which used to be Spies . supplied by Scanair for SLG and Conair for Spies . (b) General provision ofthe agreement SLG is a Swedish company, which is primarily operating The agreement stipulates provisions for the strategy, in Scandinavia . Its main activity is to sell package travel , management, financing, auditing and profit policy of the consisting of tour operating, hotel business and air airline, the duration of the joint venture and the rights of transport . the parents to sell their shares . Important decisions in Premiair requires unanimity between the parents' Scanair is a sister consortium to SAS with the same members of the board of directors . structure of ownership and legal status as the SAS consortium , which is specialized in charter flights . Scanair has primarily been offering its transport services The joint venture shall mainly provide air transport for to SLG . The SAS consortium is owned by the three primarily internal tour operators, but also — on a limited Scandinavian countries' national air companies in the scale — to external tour operators on the basis of market following ratio : Det Danske Luftfartsselskab A/S (2 /7), conditions . Premiair will lease air crafts from the parties . Det Norske Luftfartsselskab A/ S (2 / 7) and AB Aero­ transport (3 /7). IV . Arguments of the parties On 28 April 1994 SLG , which was 100 % owned by the (a) Improvement ofproduction SAS consortium , was sold to Airtours Pic, one of the United Kingdoms largest tour operators and travel The agreement improves the production of aeroplane agencies . The sale of SLG means that the ties between seats as a consequence of the substantial profits resulting SAS and Premiair have disappeared . from the rationalization of production and other advantages derived from larger-scale operations . Spies is a Danish tour operator which is primarily selling package travel in Scandinavia . (b) Benefits to the consumers Consumers will receive a share of the benefits of lower Conair A/ S , which used to form part of the Spies group, production costs and a more flexible product through the is personally owned by Ms Janni Spies Kjaer . It has benefits which will be passed on to the internal and external tour operators . Consumers will in the end O OJ No L 374 , 31 . 12 . 1987 , p . 1 . receive a benefit through lower prices of holiday travels . 7 . 10 . 95 LMJ Official Journal of the European Communities No C 262/7

(c) Indispensability ofrestrictions than were Scanair and Conair and it will have a neutral profile towards the customers of the internal tour It is submitted that the limitations on Premiair to provide operators . On the contrary, it is submitted that it will air transport to internal as well as external tour operators become a new alternative of choice for external tour together with the obligation for internal tour operators to buy air transport from Premiair is indispensable to operators . secure maximum capacity utilization of the fleet of air The establishment of Premiair will have no influence of crafts . The purchase advantage which is granted to the former Conair and Scanair suppliers . There are no ties internal tour operators is a normal market condition with handling operators in Copenhagen Airport . balanced by the guarantee to buy a minimum of Premiair's capacity. This notice is published in accordance with the procedure established by Article 5 (2) of Regulation (d) No elimination ofcompétition (EEC) No 3975/ 87 . The Commission has not at this It is submitted that the agreement does not restrict stage formed any view on the applicability of Article competition . There is a big number of suppliers on the 85 (3) of the Treaty to the Agreement . relevant market, and, consequently, there is efficient competition on the market. The Commission invites all third parties and Member States to submit any comments they may have within 30 Premiair is moreover a potential competitor to the SAS days from the date of publication of this notice , quoting airline due to the deregulation of air transport in reference No IV/35.087 , to the following address : Europe, which has eliminated the traditional distinction between charter and scheduled flights . Commission of the European Communities , Directorate-General for Compétition , The establishment of Premiair will have no influence on Directorate D/ 3 , the situation for external tour operators, because Rue de la Loi/Wetstraat 200 , Premiair will be less integrated in the parties' groups B- 1 049 Brussels .

ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT wORKERS

(95 /C 262/05)

(Text with EEA relevance)

The annual average costs do not take into account the reduction of 20 % provided for in Articles 94 (2) and 95 (2) of Council Regulation (EEC) No 574/72 .

The net monthly average costs have been reduced by 20 % .

AVERAGE COSTS OF BENEFITS IN KIND — 1992 (')

I. Application ofArticle 94 ofRegulation (EEC) No 574/72

The amounts to be refunded with regard to benefits in kind provided in 1992 to members of the family as referred to in Article 19 (2) of Council Regulation (EEC) No 1408 /71 will be determined on the basis of the following average costs :

Annual Net monthly

UNITED KINGDOM £ 826,92 £ 55,13

(') Average costs : Luxembourg, OJ No C 139, 21 . 5 . 1994 . Average costs : Belgium, , France and the Netherlands , OJ No C 360 , 17 . 12 . 1994 . Average costs : Portugal, OJ No C 53 , 4 . 3 . 1995 .