PUBLIC SERVICE OBLIGATIONS Communication from The

C 294/18EN Official Journal of the European Union 4.12.2003

PUBLIC SERVICE OBLIGATIONS

Communication from the EFTA Surveillance Authority under Article 4.1(a) of the Act referred to in point 64a in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) Imposition of new public service obligations in respect of scheduled air services on the route areas 1 and 2

(Finnmark and North-Troms) (2003/C 294/09)

1: — ROUTES BETWEEN KIRKENES, VADSØ, BÅTSFJORD, BERLEVÅG, MEHAMN, HONNINGSVÅG, HAMMERFEST AND ALTA

— VARDØ–KIRKENES V.V.

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

Pursuant to Article 4.1(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air All times specified are local. carriers to intra-Community air routes, Norway has decided to impose public service obligations as of 7 July 2004 on the following scheduled air services: 3.2. REQUIREMENTS AS TO MINIMUM FREQUENCIES, SEATING CAPACITY, ROUTING AND TIMETABLES FOR THE ROUTES BETWEEN KIRKENES, VADSØ, BÅTSFJORD, BERLEVÅG, MEHAMN, — on a network comprising routes between Kirkenes, Vadsø, HONNINGSVÅG, HAMMERFEST AND ALTA Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest and Alta Different requirements apply to some of the service airports, depending on the type of aircraft used for the operations. — Vardø–Kirkenes v.v. Option 1: Apply to operations with aircraft registered for minimum 30 passengers and with pressurised cabin. 2. DEFINITION Option 2: Apply to operations with aircraft registered for In this publication single-carrier service means that the carrier minimum 15 passengers. shall carry passengers along an entire route within the network encompassed by the public service obligations. Maximum travel time on each required single-carrier service is 3 hours 3.2.1. REQUIREMENTS FOR MONDAY TO FRIDAY 30 minutes from first departure to final arrival. The requirements apply throughout the year.

3. THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE When connections with air services to and from Tromsø are FOLLOWING required, schedules must allow passengers to travel to or from Tromsø with no more than one change of aircraft en route. 3.1. GENERAL The following requirements apply as to departures and arrivals, If the number of seats occupied to and from either Kirkenes, routing and timetables: Alta, Vadsø or Hammerfest during the period 1 January to 30 June or 1 August to 30 November exceeds 70 per cent of the number of seats offered, the carrier shall increase the seating Alta capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the annex to this publi- — On Monday to Friday combined the seating capacity offered cation. shall be at least 550 seats both to and from Alta.

If the number of seats occupied to and from either Kirkenes, — Single-carrier services between other airports and Alta and Alta, Vadsø or Hammerfest during the period 1 January to 30 vice versa, as required in this publication. June or 1 August to 30 November is lower than 35 per cent of the number of seats offered, the carrier may reduce the seating capacity in accordance with the rules laid down by the Ministry Hammerfest of Transport and Communications in the annex to this publication. — A minimum of five daily departures and arrivals. 4.12.2003EN Official Journal of the European Union C 294/19

— On Monday to Friday combined the seating capacity offered — Minimum two single-carrier return services to Vadsø. First shall be at least 925 seats both to and from Hammerfest. arrival in Vadsø shall be no later than 10.30 and last departure from Vadsø no earlier than 18.30. — Minimum three single-carrier return services to Vadsø. In both directions first arrival shall be no later than 10.30 and — Single-carrier return service to Alta. last departure no earlier than 18.30. — Single-carrier return service to Hammerfest. — Single-carrier return service to Kirkenes. — The schedules must ensure connections with at least two air services both to and from Tromsø. — Single-carrier services between other airports and Hammerfest and vice versa, as required in this publication. or

Kirkenes Option 2 — On Monday to Friday combined the seating capacity offered shall be at least 725 seats both to and from Kirkenes. A minimum of six daily departures and arrivals, ensuring the following:

— Minimum one daily single-carrier return service to Alta, — Minimum three single-carrier return services to Kirkenes. with a maximum of one intermediate stop. First arrival in Kirkenes shall be no later than 11.00 and last departure from Kirkenes no earlier than 19.00. — Single-carrier services between other airports and Kirkenes and vice versa, as required in this publication. — Minimum two single-carrier return services to Vadsø. First arrival in Vadsø shall be no later than 10.30 and last departure from Vadsø no earlier than 18.30. Vadsø — A minimum of nine daily departures and arrivals. — Single-carrier return service to Alta.

— Single-carrier return service to Hammerfest. — On Monday to Friday combined the seating capacity offered shall be at least 1 650 seats both to and from Vadsø. — The schedules must ensure connections with at least two air services both to and from Tromsø. — Minimum three single-carrier return services to Kirkenes, without intermediate stops. First arrival in Kirkenes shall be no later than 11.00 and last departure from Kirkenes Berlevåg no earlier than 19.00. First arrival in Vadsø shall be no later than 11.30 and last departure from Vadsø no earlier than 18.30. Option 1 A minimum of three daily departures and arrivals, ensuring the — Minimum two single-carrier return services to Alta. In both following: directions first arrival shall be no later than 10.30. Last departure shall be no earlier than 14.00 from Vadsø and — Single-carrier return service to Kirkenes, with arrival in no earlier than 15.00 from Alta. Kirkenes no later than 11.00 and departure from Kirkenes no earlier than 19.00. — Single-carrier services between other airports and Vadsø and vice versa, as required in this publication. — Single-carrier return service to Vadsø, with arrival in Vadsø no later than 10.30 and departure from Vadsø no earlier than 18.30. Båtsfjord — Single-carrier return service to Alta. Option 1

A minimum of four daily departures and arrivals, ensuring the — Single-carrier return service to Hammerfest. following: — The schedules must ensure connections with at least two air services both to and from Tromsø. — Minimum two single-carrier return services to Kirkenes. First arrival in Kirkenes shall be no later than 11.00 and last departure from Kirkenes no earlier than 19.00. or C 294/20EN Official Journal of the European Union 4.12.2003

Option 2 — Single-carrier return service to Kirkenes.

A minimum of four daily departures and arrivals, ensuring the following: — The schedules must ensure connections with at least two air services both to and from Tromsø. — Minimum two single-carrier return services to Kirkenes. First arrival in Kirkenes shall be no later than 11.00 and Honningsvåg last departure from Kirkenes no earlier than 19.00. Option 1 — Single-carrier return service to Vadsø, with arrival in Vadsø no later than 10.30 and departure from Vadsø no earlier A minimum of four daily departures and arrivals, ensuring the than 18.30. following:

— Single-carrier return service to Alta. — Minimum two single-carrier return services to Hammerfest. First arrival in Hammerfest shall be no later than 8.30. In — Single-carrier return service to Hammerfest. both directions last departure shall be no earlier than 17.00. — The schedules must ensure connections with at least two air services both to and from Tromsø. — Minimum two single-carrier return services to Vadsø. In both directions last departure shall be no earlier than 16.00. Mehamn — Single-carrier return service to Kirkenes. Option 1

A minimum of four daily departures and arrivals, ensuring the — The schedules must ensure connections with at least two air following: services both to and from Tromsø.

— Minimum two single-carrier return services to Hammerfest. or First arrival in Hammerfest shall be no later than 8.30. In both directions last departure shall be no earlier than 17.00. Option 2 A minimum of six daily departures and arrivals, ensuring the — Minimum two single-carrier return services to Vadsø. In following: both directions last departure shall be no earlier than 16.00. — Minimum three single-carrier return services to — Single-carrier return service to Alta. Hammerfest. First arrival in Hammerfest shall be no later than 8.30. In both directions last departure shall be no earlier than 17.00. — Single-carrier return service to Kirkenes. — Minimum two single-carrier return services to Vadsø. In — The schedules must ensure connections with at least two air both directions last departure shall be no earlier than services both to and from Tromsø. 16.00. or — Single-carrier return service to Kirkenes.

Option 2 — The schedules must ensure connections with at least two air services both to and from Tromsø. A minimum of six daily departures and arrivals, ensuring the following: 3.2.2. SATURDAY TO SUNDAY — Minimum three single-carrier return services to Hammerfest. First arrival in Hammerfest shall be no later The requirements apply throughout the year. than 8.30. In both directions last departure shall be no earlier than 17.00. The following requirements apply to Saturday and Sunday combined: — Minimum two single-carrier return services to Vadsø. In both directions last departure shall be no earlier than — The capacity offered shall be at least 110 seats both to and 16.00. from Alta, at least 185 seats both to and from Hammerfest, at least 145 seats both to and from Kirkenes and at least — Single-carrier return service to Alta. 330 seats both to and from Vadsø. 4.12.2003EN Official Journal of the European Union C 294/21

To ag

— Minimum number of departures and arrivals at least as on ˚ each day Monday to Friday for Hammerfest, Vadsø, ag Båtsfjord, Berlevåg, Mehamn and Honningsvåg. ˚ atsfjord ˚ Kirkenes Mehamn Vadsø From Alta Berlev B Hammerfest Honningsv

— Minimum two single-carrier return services Honningsvåg– Alta — 1 340 1 305 590 1 160 1 305 1 340 1 305 Hammerfest. Berlevåg 1 340 — 475 1 180 795 940 475 795

— Single-carrier return service to Vadsø from Båtsfjord, Båtsfjord 1 305 475 — 1 180 940 795 590 740 Berlevåg, Mehamn and Honningsvåg. Hammerfest 590 1 180 1 180 — 795 1 305 1 035 1 305

Honningsvåg 1 160 795 940 795 — 1 305 590 1 180 — Single-carrier return service to Hammerfest from Båtsfjord, Berlevåg and Mehamn. Kirkenes 1 305 940 795 1 305 1 305 — 1 120 475

Mehamn 1 340 475 590 1 035 590 1 120 — 980 — Single-carrier return service Vadsø–Alta. Vadsø 1 305 795 740 1 305 1 180 475 980 —

— Single-carrier return service Kirkenes–Alta. — For each subsequent operating year the maximum fares shall be adjusted on 1 April within the limit of the consumer — Number of connections with air services to and from price index for the 12-month period ending 15 February Tromsø at least as on each day Monday to Friday for the same year, as made public by Statistics Norway Båtsfjord, Berlevåg, Mehamn and Honningsvåg. (http://www.ssb.no/english/subjects/08/02/10/kpi_en/). The following requirements apply to both Saturday and Sunday:

— The carrier shall be party to the domestic interline — Departure and arrival at each of the airports Vadsø, agreements in force at any time, and shall offer all Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, discounts available under such agreements. Kirkenes and Alta.

— Social discounts conforming to the usual practice shall be — Single-carrier return service Vadsø–Hammerfest. offered.

— Single-carrier return service Vadsø–Kirkenes. — The published maximum fares apply when the carrier itself is responsible for carriage on the entire specified route — Connection both to and from Tromsø for Båtsfjord, within the network encompassed by the public service obli- Berlevåg, Mehamn and Honningsvåg. gations and apply to all required single-carrier services, cf. section 3.2.1 and 3.2.2, regardless of routing.

3.2.3. AIRCRAFT CATEGORY — For non-required single-carrier services within the route network encompassed by the public service obligations, Aircraft registered for minimum 15 passengers shall be used for the published fares apply as maximum fares for direct or the required flights. through services, or geographically natural routing. In other cases the fares must not exceed the level resulting from the Carriers' attention is especially drawn to technical and operative calculation system used for the interline agreements. conditions applying at the airports, including short runways at Vadsø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg and Hammerfest. For further information, please contact: 3.3. VARDØ–KIRKENES V.V.

Luftfartstilsynet (Civil Aviation Authority) 3.3.1. MINIMUM FREQUENCIES, SEATING CAPACITY, ROUTING PO Box 8050 Dep. AND TIMETABLES N-0031 Oslo Tel. (47) 23 31 78 00. The requirements apply throughout the year. A daily service obligation applies in both directions.

3.2.4. FARES Frequencies — Maximum basic one-way fares (fully flexible) in the operating year beginning 7 July 2004 must not exceed the Minimum three daily return services Monday to Friday and amounts in NOK stated in the table below. minimum three return services Saturday and Sunday combined. C 294/22EN Official Journal of the European Union 4.12.2003

Seating Capacity (http://www.ssb.no/english/subjects/08/02/10/kpi_en/).

— In both directions at least 225 seats shall be offered — The carrier shall be party to the domestic interline Monday to Friday combined and at least 45 seats agreements in force at any time, and shall offer all Saturday and Sunday combined. discounts available under such agreements.

— If the number of seats occupied during the period 1 January — Social discounts conforming to the usual practice shall be to 30 June or 1 August to 30 November exceeds 70 per offered. cent of the number of seats offered, the carrier shall increase the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communi- 3.4. SERVICE CONTINUITY cations in the annex to this publication. The number of flights cancelled for reasons directly attributable — If the number of seats occupied during the period 1 January to the carrier must not exceed 1,5 per cent of the planned to 30 June or 1 August to 30 November is lower than 35 number of flights on an annual basis, in accordance with the per cent of the number of seats offered, the carrier may approved time schedule. reduce the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the annex to this publication. 3.5. COOPERATION ARRANGEMENTS Following a tender procedure, which limits access to the routes encompassed by the public service obligations to one carrier, Routing these conditions apply: The required services shall be non-stop if aircraft registered for less than 20 passengers are used. When using aircraft registered Fares for 20 or more passengers, the required services shall be through flights with a maximum of one intermediate stop. — 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 Timetables out by the tenderer, provided that the fare is maximum 40 per cent of the fully flexible fare. Account shall be taken of the public demand for air travel. — Bonus points from frequent flyer programmes can neither In addition, the following apply to the required flights on be earned nor redeemed on the flights. Monday to Friday (local times): Transfer Conditions Last departure from Kirkenes shall be at least six hours later than the first arrival in Kirkenes. 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 3.3.2. AIRCRAFT CATEGORY baggage, shall be objective and non-discriminatory. Aircraft registered for minimum 15 passengers shall be used for the required flights. 4. OTHER

Carriers' attention is especially drawn to technical and These public service obligations replace those published as (1A operative conditions applying at the airports, including short and 1B) in Official Journal of the European Communities C 112 of runway at Vardø. For further information, please contact: 9 May 2002, as far as scheduled air services between Vadsø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Luftfartstilsynet (Civil Aviation Authority) Kirkenes and Alta, and Vardø–Kirkenes v.v. are concerned. PO Box 8050 Dep. N-0031 Oslo 5. INFORMATION Tel. (47) 23 31 78 00. Further information can be obtained from:

3.3.3. FARES Ministry of Transport and Communications — Maximum basic one-way fare (fully flexible) in the PO Box 8010 Dep. operating year beginning 7 July 2004 must not exceed N-0030 Oslo NOK 625,00. Tel. (47) 22 24 83 53 Fax (47) 22 24 95 72. — For each subsequent operating year the maximum fare shall be adjusted on 1 April within the limit of the consumer This documentation is also available on the Internet: price index for the 12-month period ending 15 February the same year, as made public by Statistics Norway http://www.odin.dep.no/sd/norsk/aktuelt/anbud 4.12.2003EN Official Journal of the European Union C 294/23

2: HASVIK–TROMSØ V.V., HASVIK–HAMMERFEST V.V., SØRKJOSEN–TROMSØ V.V.

1. INTRODUCTION — In both directions at least one of the required daily flights Monday to Friday shall be non-stop. The remainder may Pursuant to Article 4.1(a) of Council Regulation (EEC) No have a maximum of two intermediate stops, of which one 2408/92 of 23 July 1992 on access for Community air may be entailed by a change of aircraft provided that the carriers to intra-Community air routes, Norway has decided connecting time does not exceed 45 minutes and that the to impose public service obligations as of 7 July 2004 in carrier serves the entire route to and from Tromsø. respect of scheduled air services on the following routes:

Hasvik–Tromsø v.v., Hasvik–Hammerfest v.v., Sørkjosen– Hasvik–Hammerfest Tromsø v.v. Minimum one daily return service Monday to Friday, with arrival in Hammerfest no later than 8.30 and departure from Hammerfest no earlier than 14.30. 2. THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE FOLLOWING On a weekly basis at least 120 seats shall be offered both to 2.1. GENERAL and from Hasvik on the Hasvik–Tromsø and Hasvik– Hammerfest routes combined. If the number of seats occupied Hasvik–Tromsø v.v., Hasvik– Hammerfest v.v. or Sørkjosen–Tromsø v.v. during the period 1 January to 30 June or 1 August to 30 November exceeds 70 Sørkjosen–Tromsø v.v. per cent of the number of seats offered, the carrier shall increase the seating capacity in accordance with the rules laid The requirements apply throughout the year. A daily service down by the Ministry of Transport and Communications in the obligation applies in both directions. annex to this publication.

Frequencies and Routing If the number of seats occupied Hasvik–Tromsø v.v., Hasvik– Hammerfest v.v. or Sørkjosen–Tromsø v.v. during the period 1 — Minimum two daily return services Monday to Friday. January to 30 June or 1 August to 30 November is lower than 35 per cent of the number of seats offered, the carrier may reduce the seating capacity in accordance with the rules laid — Minimum two return services Saturday and Sunday down by the Ministry of Transport and Communications in the combined. annex to this publication. — The required services must be non-stop. Account shall be taken of the public demand for air travel.

Seating Capacity All times specified are local. In both directions at least 250 seats shall be offered Monday to Friday combined and at least 50 seats Saturday and Sunday 2.2. REQUIREMENTS AS TO MINIMUM FREQUENCIES, SEATING combined. CAPACITY, ROUTING AND TIMETABLES

2.2.1. REQUIREMENTS Timetables The required services must be scheduled to connect with air Hasvik–Tromsø v.v. and Hasvik–Hammerfest v.v. routes Tromsø–Oslo v.v. The requirements apply throughout the year. In addition, the following apply to the required flights on Monday to Friday: Hasvik–Tromsø

— Minimum two daily return services Monday to Friday, of — First arrival in Tromsø shall be no later than 9.30 and last which at least one must be scheduled to connect with air departure from Tromsø no earlier than 18.00. services Tromsø–Oslo v.v. — First departure from Tromsø shall be no later than 11.30 — Minimum one return service on Sunday, scheduled to and last departure from Sørkjosen no earlier than 17.00. connect with air services Tromsø–Oslo v.v.

2.2.2. AIRCRAFT CATEGORY — On Monday to Friday first arrival in Tromsø shall be no later than 10.00 and last departure from Tromsø no earlier Aircraft registered for minimum 15 passengers shall be used than 13.30. for the required flights. C 294/24EN Official Journal of the European Union 4.12.2003

Carriers' attention is especially drawn to technical and 2.5. COOPERATION ARRANGEMENTS operative conditions applying at the airports, including short runways at Hasvik, Hammerfest and Sørkjosen. For further Following a tender procedure, which limits access to the routes information, please contact: encompassed by the public service obligations to one carrier, these conditions apply: Luftfartstilsynet (Civil Aviation Authority) PO Box 8050 Dep. Fares N-0031 Oslo — All connecting fares to/from other air services shall be Tel. (47) 23 31 78 00. offered on equal terms for all carriers. Exempted from this are connecting fares to/from other services carried 2.3. FARES out by the tenderer, provided that the fare is maximum 40 per cent of the fully flexible fare. — Maximum basic one-way fares (fully flexible) in the operating year beginning 7 July 2004 must not exceed — Bonus points from frequent flyer programmes can neither these amounts in NOK: be earned nor redeemed on the flights.

Hasvik–Tromsø 1 260,00 Transfer conditions All conditions set out by the carrier for the transfer of Hasvik–Hammerfest 590,00 passengers to and from other carriers' routes, including connecting times and through check-in of tickets and Sørkjosen–Tromsø 670,00 baggage, shall be objective and non-discriminatory. — For each subsequent operating year the maximum fares shall be adjusted on 1 April within the limit of the 3. OTHER consumer price index for the 12-month period ending 15 February the same year, as made public by Statistics These public service obligations replace those published as (2) Norway in Official Journal of the European Communities C 112 of 9 May 2002, as far as scheduled air services on the routes Hasvik– (http://www.ssb.no/english/subjects/08/02/10/kpi_en/) Tromsø v.v., Hasvik–Hammerfest v.v. and Sørkjosen–Tromsø v.v. are concerned. — The carrier shall be party to the domestic interline agreements in force at any time, and shall offer all 4. INFORMATION discounts available under such agreements. Further information can be obtained from: — Social discounts conforming to the usual practice shall be offered. Ministry of Transport and Communications PO Box 8010 Dep. N-0030 Oslo 2.4. SERVICE CONTINUITY Tel. (47) 22 24 83 53 Fax (47) 22 24 95 72. The number of flights cancelled for reasons directly attributable to the carrier must not exceed 1,5 per cent of the planned This documentation is also available on the Internet: number of flights on an annual basis, in accordance with the approved time schedule. http://www.odin.dep.no/sd/norsk/aktuelt/anbud

ANNEX TO THE IMPOSITIONS OF PUBLIC SERVICE OBLIGATIONS IN RESPECT OF SCHEDULED AIR SERVICES IN NORWAY

ADJUSTMENT OF PRODUCTION/AVAILABLE SEATS — PRODUCTION ADJUSTMENT CLAUSE

1. Purpose of the production adjustment clause

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

2. Periods for measuring passenger load factors

The periods during which the passenger load factor shall be monitored and assessed range from 1 January to 30 June inclusive and 1 August to 30 November inclusive. 4.12.2003EN Official Journal of the European Union C 294/25

3. Conditions for changing production/available seats offered

3.1. Conditions for increasing production

3.1.1. An increase in production/available seats offered shall take place when the average passenger load factor on each single route encompassed by public service obligations is higher than 70 per cent. When the average passenger load factor on these routes exceeds 70 per cent in any of the periods mentioned in 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 70 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.

3.1.3. For the route network encompassed by imposition 1 of public service obligations, the need for increase in number of seats offered shall be assessed on the basis of the average passenger load factor to and from each of the following destinations: Kirkenes, Alta, Hammerfest and Vadsø.

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 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. For the route network encompassed by imposition 1 of public service obligations, the need for adjustments downwards in number of seats offered shall be assessed on the basis of the average passenger load factor to and from each of the following destinations: Kirkenes, Alta, Hammerfest and Vadsø.

3.2.3. On routes with more than two daily frequencies offered in each direction, reduction in production according to 3.2.1 and 3.2.2 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.

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

4. Procedures for changes in production

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

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

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

5. Unchanged financial compensation when changing production

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

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