Official Journal C 343 Volume 40 of the European Communities 13 November 1997

ISSN 0378-6986 Official Journal C 343 Volume 40 of the European Communities 13 November 1997

English edition Information and Notices

Notice No Contents Page

I Information

Commission

97/C 343 /01 Ecu 1

97/C 343/02 Average prices and representative prices for table wines at the various marketing centres 2

97/C 343/03 State aid — C 48 /97 (ex NN 75/96 , N 942/96) — Sweden (') 3

EUROPEAN ECONOMIC AREA EFTA Surveillance Authority

97/C 343/04 Publication of decisions by Member States to grant or revoke operating licences pursuant to Article 13 (4) of Regulation (EEC) No 2407/92 on licensing of air carriers ( x ) 8

97/C 343/05 Authorization for State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point lb of Annex XV to the EEA Agreement — EFTA Surveillance Authority decision not to raise objections 9

97/C 343/06 Authorization for State aid pursuant to Article 61 of the EEA Agreement and Article 1 1 of the Act referred to in point lb of Annex XV to the EEA Agreement — EFTA Surveillance Authority decision not to raise objections 10

EN i (') Text with EEA relevance (Continued overleaf) Notice No Contents (continued) Page

II Preparatory Acts

Commission

97/C 343 /07 Proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Directives 73 /239 /EEC and 92/49 /EEC (Fourth Motor Insurance Directive) (') 11

97/C 343/08 Proposal for a Council Regulation (EC) amending Regulation (EEC) No 2262/ 84 laying down special measures in respect of olive oil 16

EN (') Text with EEA relevance 13 . 11 . 97 EN | Official Journal of the European Communities C 343/ 1

I (Information)

COMMISSION

Ecu (') 12 November 1997 (97/C 343/01 )

Currency amount for one unit : Belgian and Finnish markka 5,95747 Luxembourg franc 40,7134 Swedish krona 8,61349 Danish krone 7,51167 Pound sterling 0,674433 German mark 1,97395 United States dollar 1,15254 Greek drachma 309,618 Canadian dollar 1,62427 Spanish peseta 166,669 Japanese yen 144,897 French franc 6,61154 Swiss franc 1,60318 Irish pound 0,757601 Norwegian krone 8,06546 Italian lira 1932,59 Icelandic krona 81,5882 Dutch guilder 2,22509 Australian dollar 1,66072 Austrian schilling 13,8938 New Zealand dollar 1,84672 Portuguese escudo 201,406 South African rand 5,56445

The Commission has installed a telex with an automatic answering device which gives the conversion rates in a number of currencies . This service is available every day from 3.30 p.m . until 1 p.m . the following day . Users of the service should do as follows : — call telex number Brussels 23789, — give their own telex code , — type the code 'cccc' which puts the automatic system into operation resulting in the transmission of the conversion rates of the ecu , — the transmission should not be interrupted until the end of the message , which is marked by the code 'ffff'.

Note : The Commission also has an automatic fax answering service (No 296 10 97/296 60 11 ) providing daily data concerning calculation of the conversion rates applicable for the purposes of the common agricultural policy .

(') Council Regulation (EEC ) No 3180/78 of 18 December 1978 (OJ L 379 , 30 . 12 . 1978 , p. 1 ), as last amended by Regulation (EEC) No 1971 / 89 (OJ L 189, 4 . 7 . 1989 , p. 1 ). Council Decision 80/ 1184/EEC of 18 December 1980 (Convention of Lomé ) (OJ L 349 , 23 . 12 . 1980 , p . 34 ). Commission Decision No 3334/ 80/ECSC of 19 December 1980 (OJ L 349, 23 . 12 . 1980 , p. 27 ). Financial Regulation of 16 December 1980 concerning the general budget of the European Communities (OJ L 345 , 20 . 12 . 1980 , p. 23 ). Council Regulation (EEC ) No 3308 / 80 of 16 December 1980 (OJ L 345 , 20 . 12 . 1980, p. 1 ). Decision of the Council of Governors of the European Investment Bank of 13 May 1981 (OJ L 311 , 30 . 10 . 1981 , p. 1 ). C 343/2 EN Official Journal of the European Communities 13 . 11 . 97

Average prices and representative prices for table wines at the various marketing centres (97/C 343/02 ) (Established on 11 November 1997 for the application of Article 30 ( 1 ) of Regulation (EEC ) No 822/ 87 )

Type of wine and the ECU per % Type of wine and the ECU per % various marketing centres % vol/hl of GP 0 various marketing centres % vol /hl of GP °

R I Guide price * 3,828 A I Guide price * 3,828 Heraklion No quotation Athens No quotation Patras No quotation Heraklion No quotation Requena No quotation Patras No quotation Reus No quotation (') Villafranca del Bierzo No quotation (') Alcázar de San Juan 1,973 52 % Bastia No quotation Almendralejo 1,902 50 % Béziers 99 % 3,774 Medina del Campo No quotation (') Montpellier 3,873 101 % Ribadavia Narbonne No quotation No quotation Nîmes 3,977 104 % Villafranca del Penedés No quotation Perpignan No quotation Villar del Arzobispo No quotation O Asti No quotation Villarrobledo No quotation (') Florence No quotation (') Lecce No quotation Bordeaux No quotation Pescara No quotation Nantes No quotation Reggio Emilia No quotation (') Bari 2,533 66 % Treviso 4,306 1 1 2 % Cagliari No quotation (') Verona (for local wines ) 5,193 136 % Representative price 4,118 108 % Chieti 2,685 70 % Ravenna (Lugo, Faenze) 3,141 82 % R II Guide price * 3,828 Trapani (Alcamo ) 2,432 64 % Heraklion No quotation Treviso 103 % Patras No quotation 3,926 Calatayud No quotation Representative price 2,943 77 % Falset No quotation (*) Jumilla No quotation (') Navalcarnero No quotation (')

Requena No quotation ECU/ hl Toro No quotation Villena No quotation O 82,810 Bastia No quotation A II Guide price * Brignoles No quotation Rheinpfalz (Oberhaardt) 63,054 76 % Bari 3,546 93 % Rheinhessen (Hügelland) 75,665 91 % Barletta 3,546 93 % Cagliari 7,599 199 % The wine-growing region of the Luxembourg Moselle No quotation Lecce No quotation Taranto No quotation Representative price 65,209 79 % Representative price 4,377 1 1 4 %

A III Guide price "' 94,570 ECU/ hl Mosel-Rheingau No quotation R III Guide price * 62,150 The wine-growing region Rheinpfalz-Rheinhessen of the Luxembourg Moselle No quotation ( Hügelland ) No quotation Representative price No quotation

(') Quotation not taken into account in accordance with Article 10 of Regulation (EEC ) No 2682/77 . * Applicable from 1 . 2 . 1995 . ° GP = Guide price . 13 . 11 . 97 [ EN Official Journal of the European Communities C 343/ 3

STATE AID C 48/97 (ex NN 75/96, N 942/96 ) Sweden

(97/C 343 /03 ) (Text with EEA relevance)

(Articles 92 to 94 of the Treaty establishing the European Community)

Commission notice pursuant to Article 93 ( 2 ) of the EC Treaty to other Member States and interested parties regarding certain measures undertaken or proposed in favour of Volvo Trucks Corporation, located in Umeå

By the letter reproduced below, the Commission their strong reservations with regard to the possibility of informed the Swedish Government of its decision phasing out the transport aid over a certain period of to open the procedure provided for pursuant to time . They were particularly worried about the risk of Article 93 (2 ) of the EC Treaty . relocation of the plant in the absence of the aid . The Swedish authorities also claimed that the plant in Umea is a component producer and would merit a less strict scrutiny than that performed by the Commission . 'After an initial enquiry by the Swedish authorities , the Commission informed the Swedish authorities on the specific notification requirements of the aid in question by letter dated 3 May 1996 . By letter dated 17 June In spite of numerous discussions with the Swedish auth 1996 , the Swedish Government notified the Commission, orities and the company representatives following the in accordance with Article 93 ( 3 ) of the EC Treaty, of abovementioned meeting , no agreement could be the aid granted under an existing aid scheme (Regional reached on an appropriate phasing-out arrangement of politiskt transportstod) to the Volvo plant in Umea . The this 'aid , which would be in line with the guidelines for case has been treated as a non-notified aid (NN 75/96), State aid in this sector . since the aid was paid out to the company fully in 1995 and partially in 1996 . As the initial information was incomplete , a set of additional questions were asked by letter dated 31 July 1996 . These questions were answered The Commission raised no objections to the transport by the Swedish authorities on 16 September 1996 . aid scheme in its Decision of 5 February 1997 (letter dated 5 March 1997 , D/ 1693 ). It is stipulated in this Decision that the application of the transport aid scheme in the motor vehicle industry is subject to (a) separate A meeting with the Swedish authorities was organized to decision(s) by the Commission and willl be dealt with in discuss the case in more detail and to further elaborate compliance with the special rules applicable to this on the methodology of the assessment on 17 September industry . 1996 . To complete the analysis and , in particular to verify the nature of the manufacturing activity of the Volvo plant in Umea , a site visit was organized on 15 October 1996 . Another set of additional questions The Commission has given a sympathetic consideration were asked by letter dated 31 October 1996 in relation to aid intended to compensate for the additional costs of transport in its Decision of 1 June 1994 (') in which the to outstanding issues raised by the Commission before and during the site visit . A formal reply to the method for the application of Article 92 (3 ) (c ) to regional aid was amended to take account of the low Commission's questions of 31 October 1996 was population density of Finland and Sweden . submitted by letter dated 4 February 1997 .

It is stressed in the Commission's Decision of 1 June The aid to be granted to Volvo Trucks in 1997 was 1994 that in order to safeguard the common interest , the notified separately by the Swedish authorities on Commission can address the problem of long distances 5 December 1996 which was given an individual case and harsh weather conditions by authorizing State aid number (N 942/96 ). intended to compensate for the additional cost of transport . It has been stated that these adverse conditions affect regional development as they may induce firms in A meeting was arranged to discuss the conclusions of the such regions to relocate to less remote areas and they Commission's initial analysis with the Swedish authorities on 20 January 1997 . The Swedish authorities expressed O OJ C 364 , 20 . 12 . 1994 . C 343/ 4 I EN I Official Journal of the European Communities 13 . 11 . 97 might dissuade firms from locating in such outlying It is to be noted that the market for heavy trucks areas . Furthermore , such aid can only be approved on a generally suffers from large fluctuations in demand . The limited basis and at the Commission's discretion . sales for heavy trucks in Europe reached its peak in 1995 amounting to approximately 200 000 vehicles . The last year was , however, characterized by a drop in sales at A set of conditions for such compensation for additional global level . costs of transport was laid down in the Decision . The conditions hold , inter alia, that

Volvo's share of the world market for heavy trucks — the Member State concerned will have to show that remained unchanged at 12 % in 1995 , whereas in the compensation is needed on objective grounds , following year ( 1996 ) Volvo's total market share deteriorated slightly owing to a fall in sales in the United States of America . On the other hand , in 1996 Volvo's — transport aid given to firms in sensitive sectors must market share in Europe rose to 16,8 % ( 16,3 %). always be notified in advance and will be subject to the industry guidelines in force ,

The competitive pressures will remain acute in the — aid may be given only to firms located in areas industry, while the US heavy truck market is expected to qualifying for regional aid on the basis of the new continue falling and Europe to face a mixed outlook in population-density test, 1997 . Overall , the greatest cause for concern is the remaining overcapacity which is not likely to disappear in the near future . — no aid may be given towards the transport or trans mission of the products of businesses without an alternative location . The transport aid granted to the Volvo plant in Umea is notifiable under the Community framework for State aid However, the Community framework for State aid to to the motor vehicle industry . As there is substantial the motor vehicle industry ( 2 ) maintains that any type of intra-Community trade in trucks , the aid measures , operating aid is regarded as entailing a direct and which relieve the company from part of its operating ongoing distortive effect and should , therefore not be costs , clearly threaten to distort competition among authorized even in disadvantaged regions . The vehicle manufacturers and to affect trade in the framework also foresees a progressive disappearance of Community within the meaning of Article 92 ( 1 ) of the any existing operating aid . Operating aid means aid EC Treaty and Article 61 ( 1 ) of the EEA Agreement . which relieves a company of part of its normal oper ational costs . It is evident that transport costs are an important element of these operational costs . It has been the Commission's constant practice to treat aids to be granted to the vehicle manufacturers' It is to be noted that the relevant sectoral framework production of parts or components differently from those overrides the sympathetic consideration given to to be granted to car and/or truck manufacture itself. transport aid in the Commission's Decision of 1 June The justification for this different treatment is simple : a 1994 and , thus subjects the transport aid within this component plant is normally in competition with inde industry to the guidelines of the motor vehicle pendent suppliers and , consequently, exercising stricter framework . control over component plants owned by vehicle manu facturers would discriminate in favour of independent suppliers . However, in the Commission's view, the Umea It is stressed in the motor vehicle framework that, in plant is not producing components . Furthermore , the evaluating proposals to grant regional aid in the auto nature of production of a plant must be seen as a motive sector, the Commission has to assess the benefits decisive issue ; in this case the characteristics of the for regional development against possible overall effects production at the plant point to a production of a truck, on the sector, such as the creation of important overca not a component . In other words , a company could not pacity. Furthermore , in view of the sensitive nature of escape the control imposed by the motor vehicle the motor vehicle sector and the high risk of unwar framework by outsourcing its production of completely finished cabs elsewhere . Moreover , no truck manu ranted distortions of competition , it is necessary to facturer currently outsources its production of complete ensure that the regional aid is in proportion to the cabs . regional problem it seeks to redress .

In general, a plant can be regarded as a manufacturing ( 2 ) OJ C 123 , 18 . 5 . 1989 and OJ C 284 , 28 . 10 . 1995 . and/or assembly operation when vehicle bodies are 13 . 11 . 97 EN Official Journal of the European Communities C 343/ 5 constructed , painted , assembled or trimmed . If manufac The Community framework on State aid to the motor turing and assembly are separated in two different plants vehicle industry acknowledges the contribution to at different geographical locations, each of these plants' regional development which can be accomplished by activities falls Under the definition of the motor vehicle locating vehicle manufacturing facilities in disadvantaged industry . The Commission has adopted this interpre areas . This position is in line with the Commission's tation already in the previous Decisions and treated a generally positive attitude towards aid granted in order cabin operation systematically as part of the manufacture to help overcome structural handicaps in disadvantaged of trucks ( 3 ). areas of the Community .

Moreover, the cabin of a truck (like a body of a car) is The area, however, is not entitled to receive regional an automotive serial product built to match customer investment aid . Given that only the regional transport aid orders and the different specifications required by each is used to compensate for the handicaps of the customer. Furthermore , at a cabin plant all logistics and communes , it can be assumed that the degree of scheduling systems are similar to those at a fully handicaps (apart from transport) is insignificant in these equipped assembly plant . It is also important to note that fairly developed communes . In other words , the the cabin production represents a very large share of the communes mentioned above do not seem to suffer from value-added of the finished truck . important structural operating nor investment handicaps, but companies in the area can be compensated for the transport handicaps by means of the transport aid The distinction between the truck manufacture and scheme . It is also important to note that the area in question (the city of Umei) does not suffer from above components is also manifested in the internal company average unemployment or from migration . However, in structure of the Volvo group : the trucks and cabins are assessing the justification of regional aid in this sector manufactured within Volvo Trucks , whereas the through a cost-benefit analysis , the Commission does not components are produced within the company called accept the consideration of operational handicaps Volvo Truck Components . It is indisputable that cabins manufactured in Umea fulfil all the abovementioned beyond the start-up period of the investment, and thus not on a permanent basis . conditions and do not qualify the plant as a component supplier, but it falls within the category of a manufacture of a truck as specified in the framework . The motor vehicle framework views this type of operating aid very critically, since it relieves the company As regards the question whether the inbound material in part of its normal operational costs and constitutes an transported to the Umea plant falls outside the on-going undue operational advantage for the company application of the motor vehicle framework, it is to be concerned . Therefore , the total impact of the aid on the noted that the Commission's Decision on 5 February cost structure of the company is considered to be 1997 regarding the transport aid scheme stipulates that in significant which may bring about a serious competition order to become eligible for transport aid in inbound distortion . This is a very important consideration in a transports , the aid recipient must considerably transform sector like motor vehicles , since the production in this the incoming material . In this case , the Ume& plant sector is typically organized at the European level , and receives and transforms all material transported to the more and more at a global level . plant and , thus , is subject to the motor vehicle framework, since the aid to the inbound material/goods must necessarily be granted to the plant itself (falling within the motor vehicle framework and not to the As the aid in question is an operating aid , it does not supplier from which the material is freighted . seem to be compatible with the sectoral guidelines in force in the motor vehicle industry and , thus is not fulfilling one of the conditions laid down in the Commission's Decision of 1 June 1994 stipulating that It is acknowledged that the plant in Umei also produces transport aid given to firms in sensitive sectors must a certain number of unfinished cabs which can be always be notified in advance and will be subject to the considered as components . To the extent that this industry guidelines in force . production could be viably and technically outsourced to an independent supplier, it could be considered eligible for transport aid under the present motor vehicle framework . The plant is a single source of the cabins within the Volvo Truck group . In view of this, the alternative of locating the production of cabins elsewhere seems incon ceivable . All major truck manufacturers, including the Volvo Truck group , produce their own cabins . Volvo has ( 3 ) See for example Saab-Scania — France (C 160/91 ), and for several decades produced all the cabins for its trucks DAF — Belgium (C 31 /94 ). in Umed . Also , when Volvo decided to assemble trucks C 343/6 EN | Official Journal of the European Communities 13 . 11 . 97 at other locations in Europe, it sourced the cabins for include an increased volume of local supply resulting those assembly plants from Umea . from the growth in production volume after the investments of the plant . There are also plants to develop the rail infrastructure in the north of Sweden even further . It is also important to note that as a result of the recent large investment project at the plant, the capacity of cabin production has been expanded from 40 000 to In view of the above , the regional transport aid granted 53 000 . This represents a firm commitment of Volvo and to be granted by the Swedish authorities to Volvo's Trucks to remain in the area of Umea and provide an truck plant in Umea does not seem to be compatible with additional guarantee to prevent relocation . A relocation Article 92 ( 3 ) (c) of the EC Treaty and Article 61 (3 ) (c ) of the whole production of cabins is very unlikely as of the EEA Agreement, as there are serious doubts as to both the efficiency and the performance of the Umea the compatibility of this aid with the Treaty and the plant are very good , as was verified during the site visit framework on State aid to the motor vehicle industry . of 15 October 1996 . The assessment also highlights that the cabins are single-sourced from this plant within the Volvo Trucks group (except for the US operations of Volvo Trucks). It can also be noted that after the Consequently, the Commission hereby gives the Swedish completion of the investments Volvo Trucks believes that Government the opportunity to present, within one the plant will become the most modern cabin plant in month of receipt of this letter, any comments and further Europe . information relevant to the proposed aid .

Moreover, more than half of the assisted distance runs Publication through the central unassisted area of Sweden . The distances in both inbound and outbound transports cannot be considered as abnormal against European The Commission is also, by means of publication of the competitors in the truck market . present letter as a notice in the Official Journal of the European Communities, and in the EEA Supplement to the Official Journal , giving to the other Member States and interested parties elsewhere in the Community and As the product in question is single-sourced within the in the EEA similar notice to submit comments . Volvo Truck group , the aid does not seem to affect the locational choice of the group's production of cabins . Thus , it does not fulfil one of the conditions laid down in the Commission's Decision of 1 June 1994 that Possible recovery of aid stipulates that no aid may be given towards the transport or transmission of the products of businesses without an alternative location . The Commission draws the attention of the Swedish Government to its letter of 3 November 1983 sent to all Member States regarding their obligations as they arise from the provisions of Article 93 ( 3 ) of the EC Treaty The different handicaps of various companies' cannot be and to the communication published in the captured at the scheme level . Therefore , the notification Official Journal of the European Communities C 318 of requirement on a case-by-case basis in the motor 24 November 1983 , on the basis of which any aid industry has allowed the Commission, with the help of provided illicitly, that is, without waiting for the DG IV's automotive expert, to assess Volvo's position in Commission's final decision resulting from the Article Umea and to assess the degree of handicaps of the plant 93 (2 ) procedure , could be subject to a recovery order . in this sensitive sector at a more detailed level .

It should also be remembered that the aid to be granted to reimburse the part of the transport costs of the It can also be noted that the choice of a location of the company in 1997 must be suspended until the plant was not a result of the regional policy of the Commission has taken the final decision resulting from Swedish authorities . Furthermore , the plant is currently the Article 93 (2 ) procedure . adopting a policy to develop a local supplier base whereby the transport handicaps can be reduced even further . The plant also benefits from among other things local know-how and close community links . Moreover, Initiation of the procedure provided for in Article 93 (2 ) there are a number of future opportunities to offset the of the EC Treaty also has a suspensory effect on the handicaps arising from the northern location . These proposed aid to be granted in 1997 and may not be 13 . 11 . 97 EN | Official Journal of the European Communities C 343 / 7 implemented unless and until the Commission approves Confidentiality it . Any recipient of an aid granted illegally, i.e. without the Commission's having reached a final decision , may have to refund the aid (4 ) in accordance with the If the Swedish authorities are of the opinion that this procedures and provisions of the laws of the Member letter contains confidential information which should not State concerned , in particular those relating to arrears on be published, they should inform the Commission within State liabilities . Interest is charged on the amount of aid a period of 15 working days from the date of this letter.' paid to the company concerned from the date of payment until the effective date of reimbursement at the percentage value on that date of the reference rate used The Commission hereby gives other Member States and for the calculation of the net grant equivalent of the interested parties notice to submit their comments within one month of the date of publication of this notice to : various types of aid in that Member State . This measure is necessary in order to restore the status quo ( 5 ) by removing all of the financial benefit that has been European Commission, improperly enjoyed by the recipient of illegal aid since Rue de la Loi/Wetstraat 200 , the date that it received the aid . B-1049 Brussel . Fax : ( 32-2 ) 296 95 79 .

( 4 ) OJ C 318 , 24 . 11 . 1983 . ( 5 ) Case C-142/ 87 . Judgement of the Court dated 21 . 3 . 1990 . These comments will be communicated to the Swedish ECR 1-959 . Government. C 343/ 8 EN Official Journal of the European Communities 13 . 11 . 97

EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY

Publication of decisions by Member States to grant or revoke operating licences pursuant to Article 13 ( 4 ) of Regulation (EEC) No 2407/92 ( ® ) on licensing of air carriers

(97/C 343/04 ) (Text with EEA relevance)

NORWAY Operating licences granted

Category A : Operating licences without the restriction of Article 5 ( 7) (a) of Regulation (EEC) No 2407 92

Decision Name of air carrier Address of air carrier Permitted to carry effective since

SAS Norge ASA O Snarøyveien 57 , N-1330 Oslo Lufthavn Passengers, mail and cargo 3 . 6 . 1996

(') Change of name from Det Norske Luftfartselskap AS (DNL ) to SAS Norge AS .

Category B: Operating licences including the restriction of Article 5 ( 7) (a) of Regulation (EEC) No 2407/92

Decision Name of air carrier Address of air carrier Permitted to carry effective since

Arctic Air AS Suomaluodda 16, N-9520 Kautokeino Passengers , mail and cargo 9 . 7 . 1996

European Flight Centre AS O Sandefjord Lufthavn, N-3233 Sandefjord Passengers , mail and cargo 5 . 3 . 1997

Guard Air AS Peder Bogensgate 4B , N-3215 Sandefjord Passengers , mail and cargo 25 . 4 . 1997

Hesnes Air AS Postboks 40 , Teie , N-3106 Tønsberg Passengers , mail and cargo 5 . 6 . 1996

Midt-Fly AS Bolås , N-7700 Steinkjer Passengers , mail and cargo 10 . 10 . 1996

Nor Aviation AS Postboks 27 , N-1330 Oslo Lufthavn Passengers , mail and cargo 28 . 2 . 1997

( l ) Change of name from Fjord Air AS to European Helicopter Centre AS 6 . 6 . 1996 , change of name from European Helicopter Centre AS to European Flight Centre AS 5 . 3 . 1997 .

o OJ L 240 , 24 . 8 . 1992 , p . 1 . 13 . 11 . 97 EN | Official Journal of the European Communities C 343 /9

Operating licences revoked Category A : Operating licences without the restriction of Article 5 ( 7) (a) of Regulation (EEC) No 2407/92

Decision Name of air carrier Address of air carrier effective since

Air Express AS Postboks 5 , N- 1 330 Oslo Lufthavn 27 . 9 . 1996

Det Norske Luftfartsel Snarøyveien 57 , N- 1 330 Oslo Lufthavn 3 . 6 . 1996 skap AS (DNL) O

Widerø Norsk Air AS ( 2 ) Postboks 2047 Hasle, N-3200 Sandefjord 15 . 12 . 1996

(') Change of name from Det Norske Luftfartselskap AS (DNL) to SAS Norge AS . ( 1 ) Widerø Norsk Air AS merged with Widerøe's Flyveselskap AS 15 . 12 . 1996 .

Category B : Operating licences including the restriction of Article 5 ( 7) (a) of Regulation (EEC) No 2407/92

Name of air carrier Address of air carrier Decision effective since

Dølafly AS Nedregata 5 , N-2640 Vinstra 27 . 6 . 1997

Fjord Air AS/European Sandefjord Lufthavn, N-3233 Sandefjord 6 . 6 . 1996/ Helicopter Centre AS (') 5 . 3 . 1997

Hamarfly AS Postboks 2053 , N-2301 Hamar 30 . 4 . 1997

Norrønafly AS Postboks 64, N- 1 330 Oslo Lufthavn 23 . 5 . 1997

Trønderfly Air Service AS Trondheim Lufthavn , N-7500 Stjørdal 6 . 5 . 1996

Tundra Air AS Postboks 2168 , N-9501 Altra 1 . 7 . 1996

(') Change of name from Fjord Air AS to European Helicopter Centre AS 6 . 6 . 1996, change of name from European Helicopter Centre AS to European Flight Centre AS 5 . 3 . 1997 .

Authorization for State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point lb of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections

(97/C 343/05 )

Date of adoption : 15 . 10 . 1997

EFTA State : Norway

Aid No : 96-009

Title : Prolongation and amendment of existing State aid to the ship building industry Grants for shipbuilding, new buildings and conversions Export credit guarantees for ships (by the GIEK) The guarantee scheme for ship construction

Objectives : Contract-related production aid to shipbuilding C 343/ 10 | EN | Official Journal of the European Communities 13 . 11 . 97

Legal basis : Directions by the Royal Ministry of Industry and Energy of 6 . 2 . 1996 (Føresegner for statleg støtte ved kontrahering av skip) For guarantees by the Guarantee Institute for Export Credits (GIEK) and the guarantee scheme for ship construction : the annual State budget

Budget : Nkr 800 million for contracts entered into in 1996 (whole year) and Nkr 800 million for 1997 Aid intensity : For the construction of vessels of not less than 100 GT :

— 9% for vessels whose contract value is at least ECU 10 million ,

— 4,5 % for vessels of a contract value less than ECU 10 million ,

— 4,5 % for major conversions of vessels of at least 1 000 GT

Credit guarantees within the limits of the OECD Under standing on Export Credits for Ships

Duration : Applies to new binding contracts entered into as from 1 October 1996 until 31 December 1997 , provided that delivery takes place within three years from the date when the contract was entered into

(97/C 343/06) Date of adoption : 22 . 10 . 1997

EFTA State : Norway

Aid No : 97-009

Title : Aid for an R&D project by Solnes Bat AS

Objectives : Research and development

Legal basis : Aid granted under an existing aid scheme , SND Industrial R&D Contracts (aid No 95-015 , ex aid No 93-147 )

Form of aid : Grant amounting to Nkr 795 000 (approximately ECU 100 000 )

Aid intensity : 33,2 % (gross ) of eligible costs 13 . 11 . 97 EN 1 Official Journal of the European Communities C 343/ 11

(Preparatory Acts)

COMMISSION

Proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Directives 73/239/EEC and 92/49/EEC (Fourth Motor Insurance Directive)

(97/C 343/07 ) (Text with EEA relevance) COM(97) 510 final — 97/0264(COD)

(Submitted by the Commission on 13 October 1997)

THE EUROPEAN PARLIAMENT AND THE COUNCIL Whereas , by Directive 88 /357/EEC ( 3 ), as last amended OF THE EUROPEAN UNION , by Directive 92/49/EEC ( 4 ), the Council adopted provisions on the coordination of laws, regulations and Having regard to the Treaty establishing the European administrative provisions relating to direct insurance Community , and in particular Articles 57 (2 ) and 100a other than life assurance and laying down provisions to thereof, facilitate the effective exercise of freedom to provide services ; Having regard to the proposal from the Commission , Whereas, the European Parliament, by its resolution of Having regard to the opinion of the Economic and 26 October 1995 on the settlement of claims arising from Social Committee , traffic accidents occurring outside the claimant's country of origin ( 5 ), took an initiative pursuant to the second paragraph of Article 138b of the EC Treaty calling on Acting in accordance with the procedure referred to in the Commission to submit a proposal for a European Article 189b of the Treaty, Parliament and Council Directive on this matter ;

Whereas , differences currently exist between provisions laid down by law, regulation or administrative action in Whereas , it is a fact appropriate to supplement the the Member States relating to insurance against civil arrangements established by Directives 72/ 166/EEC , liability in respect of the use of motor vehicles and these 84/ 5/EEC (6 ) and 90/232/EEC in order to guarantee differences form an obstacle to the free movement of motor vehicle accident victims comparable treatment persons and of insurance services ; irrespective of where in the Community accidents occur ; whereas , for accidents occurring in a Member State other than that of the victim's residence , there are gaps Wheres , it is therefore necessary to approximate those with regard to the settlement of victims' claims ; provisions in order to promote the functioning of the single market ; Whereas in order to fill such gaps at least in part, it Whereas , by Directive 72 / 166 /EEC (') as last amended should be provided that the Member State where the by Directive 90/232/EEC ( 2 ), the Council adopted insurance undertaking is established require the under provisions on the approximation of the laws of the taking to appoint representatives resident or established Member States relating to insurance against civil liability in the other Member States to collect all necessary in respect of the use of motor vehicles , and to the information in relation to claims resulting from such enforcement of the obligation to insure against such accidents with sufficient powers to represent the under liability ;

O OJ L 172 , 4 . 7 . 1988 , p . 1 . ( 4 ) OJ L 228 , 11 . 8 . 1992 , p . 1 . O OJ L 103 , 2 . 5 . 1972 , p . 1 . O OJ C 308 , 20 . 11 . 1995 , p . 108 . O OJ L 129 , 19 . 5 . 1990 , p . 33 . O OJ L 8 , 11 . 1 . 1984 , p . 17 . C 343/ 12 Official Journal of the European Communities 13 . 11 . 97 taking in relation to persons suffering damage from such Whereas it is necessary to make provision for a body to accidents , including the payment of compensation and to guarantee that the victim will not remain without represent it or, where necessary, have it represented in compensation where the insurer has failed to appoint a relation to such claims before the courts , in so far as this representative or is manifestly dilatory in settling a claim is compatible with the rules of private international law to provide that, in such cases, the victim should be able on the determination of jurisdiction , and before the to apply directly to that body ; whereas it is justified to authorities of the other Member States : confer on that body a right of subrogation in so far as it has compensated the victim ; whereas , in order to facilitate enforcing that claim against the insurer, the body providing compensation in the victim's State should Whereas the appointment of representatives responsible enjoy an automatic right of reimbursement with for setting claims is one of the conditions for access to subrogation to the rights of the victim by the corre and carrying on the activity of insurance listed in class 10 sponding body in the State where the insurer is estab of title A of the Annex to Directive 7 3 /239/EEC ; lished ; whereas the latter body is the best placed to whereas that condition is covered by the single official institute proceedings for redress against the insurer ; authorization issued by the authorities of the Member States where the insurance undertaking establishes its head office , as specified in Title II of Directive Whereas it is necessary to have a body to ensure that the 92/49/EEC ; whereas this condition also applies to victim will not remain without compensation if it is undertakings having their head office outside the impossible to identify the insurer of the vehicle ; whereas Community which have secured an authorization provision must be made so that the ultimate debtor in granting them access to a Member State of the respect of the damages paid to the victim is a body Community ; whereas Directives 73/239/EEC and situated in the Member States where the non-insured 92/49/EEC should be amended and supplemented vehicle which has caused the accidents is normally based , accordingly ;

HAVE ADOPTED THIS DIRECTIVE : Whereas the existence of a direct right of action against the insurer for the party who has suffered loss or injury is a logical precondition for the institution of such representatives and moreover improves the legal position Article 1 of victims of road accidents occurring outside that party's Member States of residence ; Scope The objective of this Directive is to lay down special provisions applicable to victims of accidents Whereas , in addition to ensuring that there is an inter mediary respresenting the insurance undertaking in the State where the victim resides , it is appropriate to (a) occurring in a Member State other than the State of guarantee the specific right of the victim to have the residence of the victim , and claim settled promptly ; whereas it is therefore necessary to include in national law appropriate penalties to be imposed on the insurer if his representative fails to fulfil (b ) caused by a vehicle his obligatin of making an offer of compensation within a reasonable time limit ; however, it is a condition that liability and the damage and injury sustained should not — insured by an undertaking established in a be in dispute , so that the insurer is able to make an Member State other the State of residence of the appropriate offer within the prescribed time limit ; victim , and

— registered in a Member State other than the State Whereas - victims of traffic accidents sometimes have of residence of the victim . difficulty in establishing the name of the undertaking providing insurance against civil liability in respect of motor vehicles involved in an accident ; whereas in the interest of such victims , Member States should set up Article 2 information centres to ensure that such information is made available promptly ; whereas those information Direct right of action centres chould also make available to victims information concerning claims representatives ; it is necessary that Each Member State shall ensure that victims of accidents such centres should cooperate with each other and as defined in Article 1 of this Directive enjoy a direct respond rapidly to requests for information on claims right of action against the insurer covering the other representatives made by centres in other Member States ; party against civil liability . 13 . 11 . 97 1 EN | Official Journal of the European Communities C 343/ 13

Article 3 4 . The claims representative shall be appropriately qualified . His facilities shall be such as to enable him to Claims representatives discharge the duties provided for in this Article .

1 . Each Member States shall take all measures necessary to ensure that all insurance undertakings auth orized in accordance with : 5 . The claims representative shall have sufficient power to represent the undertaking in relation to persons suffering damage who pursue claims , including the — Article 6 of Directive 73 /239/EEC , as amended by payment in full of such claims , and to represent it or, Article 4 of Directive 92/49/EEC , to cover the risks where necessary, to have it represented , before the courts classified in class 10 of point A of the Annex to concerning such claims in so far as compatible with the Directive 73 /239/EEC , other than carrier's liability, Brussels Convention of 27 September 1968 on juris or diction and the enforcement of judgments in civil and commercial matters (') and with the other rules of private international law on the determination of jurisdiction , — Article 23 (2 ) of Directive 73 /239/EEC , and before the authorities of the Member State where he represents the insurer . freely appoint in each Member State other than in which they are established a body (hereinafter referred to as 'the claims representative'). The claims representative 6 . The Member States shall create a duty, backed by shall be responsible for handling and settling claims penalties , to the effect that, within a time limit of three arising from accidents occurring in a Member State months the date on which the victim presented his claim other than the State where the victim resides and caused for compensation either directly to the insurer or to the by a vehicle insured by such undertakings and registered claims representative , in a Member State other than the State where the victim resides . The claims representative shall be resident or established in the Member State where the victim resides . — the insurer of the person causing the accident or his claims representative is required to make an offer of 2 . Directive 73 /239/EEC shall be amended as compensation , in cases where liability in not follows : contested and the damages have been quantified , and

( a ) The following subparagraph shall be added to — the insurer to whom the claim for compensation has Article 8 ( 1 ): been addressed or his claims representative is required to provide an appropriate reply to the points '(f) communicate the name and address of the claims made in the claim , in cases where liability has not representative they appoint in each of the been clearly determined and the damages have not Member States if the risks to be covered are been fully quantified . classified in class 10 of title A of the Annex';

(b ) The following subparagraph shall be added to 7 . The last subparagraph of Article 12a (4 ) of Article 23 ( 2 ) Directive 88 /357/EEC shall apply.

'(h ) communicate the name and address of the claims representative they appoint in each of the Article 4 Member States if the risks to be covered are classified in class 10 of title A of the Annex'. Information centres

1 . Each Member State shall establish or approve a 3 . The claims representative shall , in relation to such body (hereinafter referred to as 'the information centre') claims , collect all information necessary in connection responsible for keeping a register of motor vehicles with compensation and shall take the measures necessary registered in the territory of that State , insurance under to negotiate a settlement of claims in accordance with takings providing civil liability coverage for such vehicles the instructions of the insurer, the rules on compulsory and the claims representatives appointed by such under insurance against civil liability as these rules are defined takings in accordance with Artilce 3 whose name shall be in the last indent of Article 2 of Directive 90/232/EEC notified to the information centre in accordance with and the rules on civil liability applicable to the accident . paragraph 2 , or for coordinating the compilation and The requirement of appointing a claims representative dissemination of that information ; the information shall not preclude the right of the victim or his insurer to insitute proceeding directly against the person responsible for the accident or his insurer . O OJ L 299 , 31 . 12 . 1972 . C 343/ 14 | EN Official Journal of the European Communities 13 . 11 . 97 centre shall also be responsible for assisting victims in — the insurer or the claims representative has failed to identifying the name of motor insurance undertakings make an offer of compensation , or has not provided providing coverage for vehicles registered in that a reply answering, with reasons , the points raised by Member State and of the claims representatives notified the victim in his claim for compensation or has to it . refused the claim for compensation without speci fying the reasons on which the refusal is based within a time limit of three months from the date when the victim presented his claim for compensation , either 2 . Insurance undertakings providing coverage against directly to that insurer or to the claims representative , civil liability in respect of the use of motor vehicles shall within the limits imposed by insurance obligations , as notify the information centre in the Member State in specified in the last indent of Article 2 of Directive whose territory they are established of the registration 90/232/EEC , and in accordance with the national numbers of the vehicles they insure which are registered rules on civil liability applicable to the accident . in that State , the number of the insurance policy and the name and address of the insured . It shall notify the information centres of the other Member States of the name and address of the claims representative which they The compensation body in the State of residence of the have appointed in accordance with Article 3 in each of victim shall inform the insurer of the person responsible the Member States and the corresponding information for the accident or the claims representative that it has concerning vehicles registered in those countries which received a claim from the victim and that it will respond they insure by way of provision of services . to that claim within a period of two months from the presentation of that claim .

3 . The Member States shall ensure that the victim of an accident occurring in a Member State other than the 2 . The compensation body which has compensated the State where he resides shall be entitled to obtain from victim in his Member State of residence shall be entitled the information centre of the State where he resides or to claim the reimbursement from the compensation body of the State where the vehicle is registered the name and in the State where the insurer is established of the sum address of the insurer, the number of the insurance paid as compensation within a period of two months of policy and the name of the insurer's claims representative the date when the former body applied to the latter body in the State of residence of the victim . If the vehicle is for reimbursement . not duly insured , the information centre shall provide the victim with the name and address of the owner or usual driver of the vehicle . Consequently, the compensation body in the Member State where the insurer is established shall be subrogated to the victim in his rights against the person responsible Article 5 for the accident or his insurer in so far as the compen sation body in the Member State of residence of the Compensation bodies victim has provided compensation for the loss or injury suffered . If the insurer's compensation for the victim is 1 . Each Member State shall establish or approve a fixed by a court ruling, acknowledgement of the debt or body (hereinafter referred to as ('the compensation mutual agreement, the insurer may only challenge the body') responsible for providing compensation where reimbursement if he adduces evidence that the body has damage to property or personal injury is caused to a failed to inform him of the complaint in accordance with victim residing in a Member State by a vehicle registered paragraph 1 hereof or that it has mistakenly accepted and insured in a Member State other than the State of unfounded claims for compensation of has overvalued residence of the victim and the accident giving rise to the loss or injury . The compensation body in the State of such damage or injury which occurs in a Member State residence of the victim and the compensation body in the other than the State of residence of the victim . State where the insurer is established may also claim reimbursement of expenses reasonably incurred .

The compensation body in the State of residence of the victim shall take action if, within a period of two months 3 . Each Member State shall take the measures from the date when the victim presents to the body a necessary to ensure that the compensation body in its claim for compensation , territory provides reimbursement within the time limit specified in paragraph 2 of this Article to a compensation body in another Member State which has reimbursed the victim of an accident caused by a vehicle covered by an — the insurer of the vehicle causing the accident has insurance undertaking established in the first Member failed to appoint a claims representative in State in the cases provided for in the second accordance with Article 2 , or subparagraph of paragraph 1 of this Article . 13 . 11 . 97 EN | Official Journal of the European Communities C 343/ 15

Article 6 national law which they adopt in the fields covered by this Directive . Cases where the insurer cannot be identified

If it is impossible to identify the insurer, the vehicle shall Article 8 be treated as uninsured . Compensation for damage to Entry into force property or personal injury causes to the victim shall be provided by the body within the limits laid down in Article 1 (4) of Directive 84/ 5 /EEC . The victim shall be This Directive shall enter into force on the . . . day compensated by that body in the Member States where following its publication in the Official Journal of the be resides . The body shall then have a claim , on the European Communities. conditions laid down in Article 5 (2 ) of this Directive , against the body in the Member State where the vehicle Article 9 in question is normally based or, depending on the circumstances , against the green-card bureau in that Penalties Member State . The Member States shall fix penalties for breaches of the Article 7 national provisions they adopt in implementation of this Directive and take the steps necessary to secure their Implementation application . The penalties shall be effective , proportional and dissuasive . The Member States shall notify these 1 . The Member States shall adopt and promulgate the provisions , together with any amendments thereof, to provisions necessary to comply with this Directive within the Commission not later than the date mentioned in 18 months of its notification and shall forthwith inform Article 7 . the Commission thereof. They shall apply these provisions within 24 months of the date of the notifi Article 10 cation of this Directive . Addressees 2 . The Member States shall communicate to the Commission the texts of the necessary provisions of This Directive is addressed to the Member States . c 343 / 16 PEN Official Journal of the European Communities 13 . 11 . 97

Proposal for a Council Regulation ( EC) amending Regulation (EEC) No 2262/84 laying down special measures in respect of olive oil

(97/C 343/08 ) COM(97) 515 final — 97/0267(CNS)

(Submitted by the Commission on 17 October 1997)

THE COUNCIL OF THE EUROPEAN UNION, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Community, and in particular Article 43 (2 ) thereof, The last two subparagraphs of Article 1 (5 ) of Regu Having regard to the proposal from the Commission , lation (EEC ) No 2262/ 84 are hereby replaced by the Having regard to the opinion of the European following : Parliament, ' 50 % of the agencies actual expenditure for the Whereas , in accordance with Article 1 (5) of Regulation 1998 / 1999 marketing year shall be covered by the (EEC) No 2262/ 84 ('), as last amended by Regulation general budget of the European Communities . (EC ) No 533/97 (2 ), the Council , acting on a proposal Before 1 October 1998 , the Commission shall from the Commission , is to adopt before 1 January 1998 consider the need to maintain the Community the method for financing actual expenditure of agencies contribution to the agencies expenditure and, where as from the 1998 / 1999 marketing year ; appropriate , shall present a proposal to the Council . Whereas work customarily entrusted to the agencies In accordance with the procedure provided for in must be carried out during the 1998 / 1999 marketing Article 43 (2) of the Treaty, the Council shall decide year ; whereas , as a consequence , provision should be before 1 January 1999 on any financing of the expen made for a Community contribution to the agencies' diture in question.' expenditure for that period in order to ensure they can operate effectively and in accordance with the rules Article 2 within the framework of the administrative autonomy This Regulation shall enter into force on the seventh day provided for in Regulation (EEC ) No 2262/ 84 , following its publication in the Official Journal of the European Communities. o OJ L 208 , 3 . 8 . 1984 , p . 12 . This Regulation shall be binding in its entirety and O OJ L 83 , 25 . 3 . 1997 , p . 1 . directly applicable in all Member States .