Dutton, Lisa From: Johansen, Kjetil - - PDF document

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Dutton, Lisa From: Johansen, Kjetil - - PDF document

Dutton, Lisa From: Johansen, Kjetil <Kjetil.Johansen@dlapiper.com> Sent: 15 May 2012 08:28 To: Kristjansdottir, Sigrun Subject: RE: Contact details Attachments: DAT presentation - Brussels - 15 May 2012.pdf Dear Sigrun, Please find


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Dutton, Lisa

From: Johansen, Kjetil <Kjetil.Johansen@dlapiper.com> Sent: 15 May 2012 08:28 To: Kristjansdottir, Sigrun Subject: RE: Contact details Attachments: DAT presentation - Brussels - 15 May 2012.pdf Dear Sigrun, Please find attached a short presentation which we hope to use in today´s meeting.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 14. mai 2012 10:20 To: Johansen, Kjetil Subject: RE: Contact details

Thanks for that. Have a safe trip. Best regards, Sigrún

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Monday, May 14, 2012 10:17 AM To: Kristjansdottir, Sigrun Subject: RE: Contact details Good morning, Sigrun, We will be 2 persons only; the President & CEO of Danish Air Transport, Mr. Jesper Rungholm and myself. We look forward to seeing you tomorrow at 9.30 am.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11

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2 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 14. mai 2012 10:14 To: Johansen, Kjetil Subject: RE: Contact details

Dear Kjetil. Concerning the meeting tomorrow, could you inform me how many there will be from your side? BR Sigrún

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Wednesday, May 09, 2012 9:18 AM To: Kristjansdottir, Sigrun Subject: RE: Contact details Dear Sigrun, Thank you. I believe one hour may be a little short, taking into account that it always takes time with introductions etc, but let me revert to you later today. Please, in the meantime, reserve your calendars from 9.30 am.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 9. mai 2012 09:13 To: Johansen, Kjetil Subject: RE: Contact details

Dear Kjetil. The only problem is that some of the people at the meeting would have to leave at 11.00. I do not know how much time we will indeed need. If you think 10‐ 11 to be sufficient it is fine with me. Br Sigrún

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Tuesday, May 08, 2012 9:14 AM To: Kristjansdottir, Sigrun Subject: RE: Contact details Dear Sigrun, Thank you for your proposal. Due to travel arrangements, would it be possible to start the meeting at 10:00 rather than 09.30? If not, we will accommodate to your suggested time.

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3 Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 7. mai 2012 16:45 To: Johansen, Kjetil Subject: RE: Contact details

Dear Kjetil. I propose 9.30 Tuesday morning the 15 May at Efta Surveillance Authority, rue Belliard 35, 1040 Bruxelles. Best regards, Sigrun

Sigrún Kristjánsdóttir Officer Internal Market Affairs Directorate EFTA Surveillance Authority Rue Belliard 35, B-1040 Brussels tel: (+ 32)(0)2 286 18 83, fax: (+ 32)(0)2 286 18 00 e-mail: skr@eftasurv.int www.eftasurv.int

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Monday, May 07, 2012 2:38 PM To: Kristjansdottir, Sigrun Subject: RE: Contact details Dear Sigrun, As per our telephone conversation today, we confirm that ESA may look upon the documents forwarded as a complaint. We also confirm that a meeting on May 15, 2012 would be much appreciated. We are flexible in terms of timing, so we will await your proposal. The meeting may be held in Brussels.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11

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4 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 4. mai 2012 09:26 To: Johansen, Kjetil Subject: RE: Contact details

Good morning Kjetil. At this point I have two questions: 1 Do you want ESA to look at the documents you sent as a complaint? Or is it purley to support the complaint of Mr Djuvik. I ask as the documents you sent me, concern not less the fact that DAT lost the already awarded routes in Lofoten area, which is something the complaint does not touch upon. 2 Would Tuesday 15 or Wednesday 16 be suitable for you to come here for a meeting? As we have already discussed this meeting would be of a informative nature from your side, where you would be free to give your views on the complaint, but without the Authority necessarily giving any back. Best regards, Sigrún

Sigrún Kristjánsdóttir Officer Internal Market Affairs Directorate EFTA Surveillance Authority Rue Belliard 35, B-1040 Brussels tel: (+ 32)(0)2 286 18 83, fax: (+ 32)(0)2 286 18 00 e-mail: skr@eftasurv.int www.eftasurv.int

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Wednesday, May 02, 2012 9:15 AM To: Kristjansdottir, Sigrun Subject: RE: Contact details Thank you for the feedback. I hope the journey was successful. We will await your suggestion and thank you in advance for scheduling an opportunity for Danish Air Transport A/S.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

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From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 2. mai 2012 09:11 To: Johansen, Kjetil Subject: RE: Contact details

Dear Kjetil. I thank you for these documents. As you knew I was away last week, and part of this week, but the documents have already been forwarded internally. I will come back to you at the latest end of this week, concerning when and how we will meet. Best regards, Sigrun

Sigrún Kristjánsdóttir Officer Internal Market Affairs Directorate EFTA Surveillance Authority Rue Belliard 35, B-1040 Brussels tel: (+ 32)(0)2 286 18 83, fax: (+ 32)(0)2 286 18 00 e-mail: skr@eftasurv.int www.eftasurv.int

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Tuesday, April 24, 2012 4:58 PM To: Kristjansdottir, Sigrun Subject: RE: Contact details Dear Sigrun, With reference to previous communications, we hereby send you - as agreed - a draft briefing paper accompanied by various files relevant for the case. In anticipation of a suggested date and time for a meeting, we wish you all the best.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

From: Kristjansdottir, Sigrun [mailto:Sigrun.Kristjansdottir@eftasurv.int] Sent: 13. april 2012 14:05 To: Johansen, Kjetil Subject: RE: Contact details

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Dear Mr Johansen, Thank you for your interest. The Authority would be interested in hearing the views of the DAT, but without being able to set a specific date for a meeting yet‐ I am wondering if there are information you would like to send me via e mail, that you think would be

  • f interest in relation to the case.

Best regards, Sigrún

Sigrún Kristjánsdóttir Officer Internal Market Affairs Directorate EFTA Surveillance Authority Rue Belliard 35, B-1040 Brussels tel: (+ 32)(0)2 286 18 83, fax: (+ 32)(0)2 286 18 00 e-mail: skr@eftasurv.int www.eftasurv.int

From: Johansen, Kjetil [mailto:Kjetil.Johansen@dlapiper.com] Sent: Thursday, March 29, 2012 2:35 PM To: Kristjansdottir, Sigrun Subject: Contact details For the attention of Sigrun Kristiansdottir, EFTA Surveillance Authority: With reference to our telephone conversation today regarding the complaint lodged against the Ministry of Transport in Norway concerning regional flights routes in Norway, I send you my full contact details as agreed. Should the Authority be interested in holding a meeting to hear views from Danish Air Transport on the complaint, we are willing and interested in meeting the Authority on a short notice. The meeting could be held on a without prejudice basis and without the need of receiving any feedback or views of the Authority. Please revert to us at your earliest convenience after having made the necessary internal consultations.

Kjetil Johansen, MNA Partner Advokatfirma DLA Piper Norway DA Olav Vs gate 4 PO Box 1364 Vika N-0114 Oslo Norway T +47 24 13 16 11 F +47 24 13 15 01 M +47 97 75 56 11 E kjetil.johansen@dlapiper.com www.dlapiper.com Please consider the environment before printing this email.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by

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anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient. Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient. Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient.

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Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient. Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient. Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this

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email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient. Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

DISCLAIMER This email message is intended only for the use of the named recipient. Information contained in this email message and its attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

This email is from Advokatfirma DLA Piper Norway DA. The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Advokatfirma DLA Piper Norway DA on +47 24 13 15 00 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Advokatfirma DLA Piper Norway DA nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. Advokatfirma DLA Piper Norway DA is a general partnership with shared liability registered in Norway (registered number 982 216 060) whose registered office is at Olav Vs gate 4, NO-0161 Oslo, Norway, which provides services from offices in Norway. Advokatfirma DLA Piper Norway DA is regulated by the Norwegian Bar Association and part of DLA Piper, a global law firm,

  • perating through various separate and distinct legal entities. For further information, please refer to

www.dlapiper.com.

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STRENGT KONFIDENSIELT/INNEHOLDER FORRETNINGSHEMMELIGHETER

  • U. Off, jf. offl. § 13, jf. fvl § 13, jf. krrl. § 26

Forside

Presentation DAT Group

Brussels, 15 May 2012

Danish Air Transport A/S and UAB DOT Lt Jesper Rungholm , President & CEO

STRICTLY CONFINDENTIAL

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  • 1. DAT Group history
  • 2. DAT as per 2012
  • 3. Regional flight routes in Norway – history

and present status

  • 4. Compatibility with EEA requirements

Agenda

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  • A privately owned limitied liability company incorporated in Denmark in 1989 by

Jesper and Kirsten Rungholm. Today, shares are owned by Jesper and Kirsten Rungholm and Lars Høeg.

  • Cargo operator until 1994 and scheduled pax operations from 1996.
  • Entered the Swedish market in 2002.
  • DOT incorporated in Lithuania in 2004.
  • Operations currently in Denmark, France, Sweden, Finland, Norway (now only

commercial routes), Congo, Gabon and Guinea.

  • Several additions to flight operational fleet during the period from 1996.
  • Current flight operations fleet covers 12 owned aircraft and 5 dry leased aircraft.
  • Total turnover of app. EUR 55 million per annum.
  • Favourable cost position (TØI in Norway benchmarked DAT and Widerøe, concluding

Widerøe had 11 % higher variable costs and 25 % higher costs per seat on comparable distances than DAT).

  • Operations in Norway since 1996; Esbjerg (DK) - Stavanger (1996), Florø since 2003

(lost in 2012), Røros and Valdres since 2010, Stord since 2009, Skien since 2011 and Moss, Rygge since 2011.

  • A total of approx. 195 employees in DAT and 70 employees in DOT.

History

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DAT Group

Jesper og Kirsten Rungholm

via holding company

Lars Høeg

via holding company

Danish Air Transport Holding A/S DAT A/S (Operating company) 90 % 10 % Shooting Star Investment Ltd. (Aircraft owner) 100 % 100 % DAT Leasing A/S (Aircraft owner) 100 % UAB DOT LT Operating Company (Lithuania) 85 %

Co shareholders DOT: E. Petkus 15 %

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Lofoten-area routes

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Regional flight routes – SCAT 1

  • Tender period 2009 – 2012 lapsed

– SCAT-1 was a requirement (where installed) – 2 companies awarded contracts

  • Widerøe and DAT

– DAT awarded contract for Florø operations – SCAT-1 not installed for Florø

  • Norwegian Competition Authority

– Letter to Ministry of Tranport:

"Krav til navigasjonssystemer Konkurransetilsynet har i tidligere høringsrunder knyttet merknader til kravet om at flyene skal ha landingssystemet SCAT-1 ved lufthavner der dette systemet er installert. Så langt Konkurransetilsynet er kjent med, er det kun Widerøe som per i dag har fly med dette systemet installert og typegodkjent".

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Regional flight routes – SCAT-1

  • Tender period 2012 – 2016/2017 launched august 2011

– SCAT-1 is no longer an absolute requirement and the sole system requirement – Tender specification amended so that SCAT-1 or similar systems are deemed compliant with tender requirements 2009 - 2012 Tender 2012 – 2016/2017 Tender "It is a precondition that the operator may use this type [SCAT-1] of satelite based descent system or similar system for precise descent"

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Regional flight routes – SCAT-1

  • SCAT-1 is a GPS-based system utilising ground based

augumentation system for correction of flight positions

  • SCAT-1 is an improved system, developed, manufactured and
  • wned by Widerøe.
  • SCAT-I is certified only for Dash 8 og King Air 200.
  • The SCAT-1 system is no longer manufactured
  • Only Widerøe has aircraft with SCAT-1 installed
  • Very few available DASH-8 aircraft on the market generally
  • Impossible to acquire DASH-8 aircraft with SCAT-1 installed
  • The alternative is EGNOS, which is a satellite based augumentation

system.

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External comments on SCAT-1

"The requirement of SCAT-1 make the entire process flawed" "So, one does not need SCAT-1"

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Documentation on operational requirements

Tender documents Widerøe Norwegian Civil Aviation Authority Ministry of Transport SCAT-1 4.1 Technical and operational requirements at airports At airports with SCAT-1 installed, it is a pre-condition that the operator may use this type of satellite based augementation system or similar system enabling precise descent SCAT-1 is an absolute qualification criteria In the present situation, one is faced with a combination of a new operator without experience

  • n short-runways, local

topography and wheather conditions, in addition to the phasing in of a new aircraft type in a company with relatively inexperienced pilots. This combination increases and enhances the aviation security

  • aspects. SCAT-1 is 5.2 times

more safe than "step-down"

  • procedures. EGNOS is not an
  • perational system and there is

uncertainty as to when this system will be operational. The Ministry notes that Wideøe and DAT has different opinions

  • n SCAT-1, but do not

find reason to assess this further

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Compass systems

  • APIRS

– APIRS is a specific type of compass with enhanced safety measures. – APIRS is developed, manufactured and sold by Bombardier and is recommended used in areas of high inclination, i.e. on high northern latitudes. – Long lead times for new APIRS systems and there are few aircraft available on the open market having APIRS installed, largely due to Widerøe being the main operator having APIRS installed in the DASH-8 aircraft type.

  • AHRS

– The alternative compass system that DAT based its offer on

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APIRS vs. AIP and EU-OPS

  • The Norwegian Commission on Civil Aviation Occurrence

(Havarikommisjonen for Sivil Luftfart) has recommended the use of APIRS

  • However, the AIP* and EU-OPS**, as applicable also in Norway, does not

make the use of APIRS a mandatory and absolute requirement.

  • The NCAA claims that the use of APIRS is an operational requirement in

Norway, but have not been able to identify where and when such requirement has been adopted and made available to the flight operators.

  • Operators on Iceland and on Greenland, i.e. on similar and/or higher

northern latitudes) do not have to operate with APIRS systems. Hence, in so far being a demand and absolute requirement in Norway, the use of APIRS is a special Norwegian requirement.

*AIP = Aeronautical Information Publication Norway **EU-OPS = Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation  implemented in Norway through Regulation no. 189 of 21 February 2008

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Documentation on operational requirements

Tender documents AIP EU-OPS Widerøe Norwegian Civil Aviation Authority Ministry of Transport APIRS 3.9 Documentation requirements Operative requirements: n) Documentation for equipment demands must be fulfilled to operate

  • n the tender

route(s) where specified in the tender or published in the applicable AIP for the relevant airport(s) No mentioning

  • f APIRS as

an absolute requirement for the relevant airports No mentioning of APIRS requirements

  • Art. 8 enables

Member States to react to safety problems, but Member States shall inform the Commission and

  • ther Member

States of the measures taken and the reasons therefore. The Danish Civil Aviation Authority has not heard of any such measures being taken by Norway It does not follow directly from the tender specifications, but Widerøe is

  • f the opinion

that APIRS is an inherent requirement for the operation

  • n these

airports AHRS does not satisfy the requirements. APIRS is an

  • perational

requirement to

  • perate in the

Lofoten area The NCAA cannot allow a new and inexperienced

  • perator access to

these challenging routes with a compass system that is found unstable and unreliable The NCAA would have to say no to all

  • perations in the

north of Norway without APIRS compass systems The Ministry

  • f Transport is

careful and mindful not to challenge the assessment made by the NCAA

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Summary – technical/operational

  • NCAA builds on specifications and documentation requirements with no

reference to applicable regulatory law and/or the tender specifications.

  • There is a de-facto requirement of having APIRS compass system installed,

despite of lack of legal basis and without being communicated in a way enabling other bidders than Widerøe to establish alleged requirements.

  • There is a de-facto need to have SCAT-1 installed as there is no equivalent

system that is or will become operational. This is inconsistent with the tender specifications.

  • Effectively, Widerøe is favoured, while others are effectively foreclosed from

the Norwegian market

  • Only Widerøe can meet the tender requirements, if correctly cited by the

NCAA.

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SLIDE 24

Florø-route

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SLIDE 25

Zero-compensation bid

  • While Widerøe has raised its demands for compensation for the 2012 – 2016/2017

generally, Widerøe submitted a zero-compensation offer on the only route that was held by an alternative operator; DAT

  • Widerøe has previously attempted to outcompete DAT by opening up identical

destinations and flight operations schedule when DAT opened its Skien – Bergen route

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SLIDE 26

Zero compensation bid vs. Widerøe bid history

  • Widerøe has a significantly less favourable cost position than DAT

– Widerøe has 11 % higher variable costs and 25 % higher costs per seat on comparable distances than DAT

  • Widerøe was awarded the Florø-route on the basis on a zero-compensation
  • ffer
  • For the former contact period, i.e. 2009-2012, Widerøe´s bid for that

particular route amounted to NOK 37,3 million per annum (EUR 4,7 million per annum).

  • DAT´s offer for the corresponding contract period was NOK 19,7 million per

annum (EUR 2,5 million per annum), which was lowered to NOK 17,8 million per annum (EUR 2,2 million per annum) for the current contract period.

  • DAT, having sound commercial understanding of the Florø-operation, have

great difficulties seeing how Widerøe can be profitable on the Florø-route

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SLIDE 27

Zero compensation bid vs. Widerøe bid history

  • In DAT´s view, the Ministry of Transport should either have rejected and

dismissed and/or invoked the special procedure to investigate Widerøe´s zero-compensation claim for the Florø route.

  • This due to Widerøe´s cost structure, customer patterns and Widerøe´s

tender history and claims for compensation on other routes.

  • In reality, it is a question of whether Widerøe is in fact subsiding its zero-

compensation offer for the Florø operations with State aid from other routes where it has increased its offer for compensation and that Widerøe is selectively targeting DAT to have DAT excluded from Norway, to eliminate a maverick and rival on the Norwegian market.

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SLIDE 28

Areas of discussion

  • Are Norway in breach of obligations under Council Regulation (EEC) No

3922/91 of 16 December 1991 (the "Regulation") on the harmonization of technical requirements and administrative procedures in the field of civil aviation

– Is the SCAT-1 de-facto requirement for operations in Norway compliant with the aim, goal and provisions of the Regulation? – Is the APIRS compass system requirement for operations on high northern latitudes in Norway compliant with the aim, goal and provisions of the Regulation – Is Norway, through the endorsement of the report by the NCAA, compliant with Article 7 of the regulation taking into account that DAT is fully approved and certified by the Danish Civil Aviation Authority?

  • Are Norway in breach of obligations under EEA Part III – Chapter 2 Rights
  • f Establishment and/or Chapter 3 Services

– The maintenance of specific requirements for Norway only that favours the domestic carrier makes difficult the freedom of establishment and/or the freedom to provide services

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SLIDE 29

Areas of discussion

  • Are Norway in breach of obligations under EEA Chapter 3 Other Common

Rules (in re to procurement), cf. Annex XVI and Art. 2 of Directive 2004/18/EC

– Noting that the de-facto SCAT-1 requirement and the APIRS compass system requirement was only transparent to Widerøe – have the tender by the Ministry of Transport been executed in compliance with the the principles of equal treatment of economic operators, non discriminatorily and transparancy as laid down by Art. 2 of the Directive and as implemented into the EEA?

  • Is Widerøe in breach of any of the EEA obligations applicable to

undertakings, noting in particular EEA art. 54?

– Widerøe holds a dominant position in Norway – While Widerøe may not have been dominant on the Florø-operations (when seen in isolation), they do enjoy market power in related market(s) and in the view of DAT, there are no grounds on which Widerøe can make profitable their operations on the Florø-routes based on a zero-compensation claim – Competition case law and relevant EU/EEA precedents regocnise that an abuse may take place in other market(s) than where the undertaking is dominant