Vedlegg 5: Brev fra Royal Ministry of Trade and Industry til EFTA Surveillance Authority, datert 3. februar 1999.
Reference is made to the EFTA Surveillance Authority Decision of 3 December 1998 regarding the Norwegian Government"s financing of the Arcus group of companies.
The Norwegian Government will carry out the corrective measures as laid down in the Authority"s decision. However, this does not imply that the Government shares the assessments made by the Authority concerning all the different aspects of the decision.
The corrective measures will be implemented in accordance with procedures and provisions of Norwegian law in the following manner:
– I the state budget for 1999 it is anticipated a withdrawal of NOK 200 million in extraordinary dividend from Arcus for 1998. The decision on dividend payment is expected to be made by the General assembly for Arcus AS in accordance with the Norwegian company act. This will cover the recovery claims stated in corrective measures b), c), d) and e) of the Authority"s decision.
– With regard to the corrective measure a) in Authority"s decision claiming the recovery of NOK 264 million, the above mentioned decision on dividend payment will cover a part of the recovery claim. Respecting the remaining amount, the Government will request Arcus AS to propose to the General assembly a writing up of the values of Arcus" fixed assets in accordance with the Norwegian company act and accounting act. A corresponding writing up of the share capital must also be done in accordance with Norwegian law.
The Norwegian Government will submit further information to the EFTA Surveillance Authority as soon as the described measures are adopted by the General assembly of Arcus AS.