prop · GG03202 · 1992-12-31 00:00:00 — (j) "Sute of registration' means the inwhich the licence referred to in (b) is granted; (k) 'airpon' means any area in a which isopen for coiimierdal air transpon operations; (I) 'regional airpon' means any airpon other than one listedin as a category 1 airpon; (m)'airpon system' means two or more airports groupedtogether as serving the same dty or conurbation, as indicated in ; C)OJNoL36, 8. 1991, p. (2) S«page 1 of this Official Joumal. No L 240/10 Prop.1992/93:202 Bilaga 3 (n) 'capadty' means the number of seats offered to thegeneral public on a scheduled air service över a given period; (o) 'public service obligation' means any obligationimposed upon an air to take, in respea of any route which it islicensed to operate by a , all necessary measures to ensure theprovision of a service satisfying fixed standards of continuity, regularity,capadty and pridng, which sundards the air would not assume if it weresolely considering its commerdal interest. inits territory, any such route being considered vital for the economicdevelopment of the region in which the airport is located, to the extent necessaryto ensure on that route the adequate provision of scheduled air servicessatisfying fixed standards of continuity, regularity, capadty and pridng, whichstandards air would not assume if they were solely considering theircommerdal interest. The Commission shall publish the existcncc of this publicservice obligation in the Official Joumal of Communities. Subjea to this Regulation, Community air shallbe permitted by the Member State(s) concemed to exerdse traffic rights onroutes within the Community. (b) The adequacy of scheduled air services shall beassessed by the Member States having regard to: (i) the public interest; Notwithstanding paragraph 1, before aMember State shall not be required to authorize cabotage traffic rights withinits territory by Communiry air licensed by another ,unless: (i) the traffic rights are exerdsed on a service whichconstitutes and is scheduled as an extcnsion of a service from, or as apreliminary of a service to, the State or registration of the ; (ii) the air does not use, for the cabotageservice, more than SO % of its seasonal capadty on the same service of whichthe cabotage service constitutes the extension or the preliminary. An air operating cabouge services in accordancewith paragraph 2 shall fumish on request to the Member State(s) involved allinformation necessary for the implementation of the provisions of thatparagraph. (ii) the possibility, in particular for regions, ofhaving recourse to other forms of transpon and the ability of such forms tomeet the transpon needs under consideration; (iii) the air fares and conditions which can bequoted to users; (iv) the combined effea of all air operating orintending to operate on the route. (c) In instanccs where other forms of transpon cannotensure an adequate and unintemipted service, the Member States concemed mayindude in the public service obligation the requirement that any air carrierintending to operate the route gives a guarantee that it will operate the routefor a cenain period, to be spedfied, in accordance with the other terms of thepublic service obligation. 4.Notwithstanding paragraph 1, before a may, withoutdiscriuiination on grounds of nationality of ownership and air carrieridenrity, whether Incumbent or applicant on the routes concemed, regulateaccess to routes within its territory for air licensed by it inaccordance with Regulation (EEC) No 2407/92 while otherwise not prejudgingCommunity law and, in panicular, competition rules. (a) A , following considtations with the otherMember States concemed and after having informed the Commission and aircarriers operating on the route, may impose a public service obligation inrespea of scheduled air services to an airport serving a peripheral ordevelopment region in its territory or on a thin route to any regional airpon (d) If no air has commenced or is about thecommence scheduled air services on a route in accordance with the publicservice obligation which has been imposed on that route, then the Member Statemay limit access to that route to only one air for a period of up tothree years, afier which the situation shall be reviewed. The right to operatesuch services shall be offered by public tender either or for a group ofsuch routes to any Community air entitled to operate such air services.The invitation to tender shall be published in the Official Joumal of theEuropean Communities and the deadline for submission of tenders not be earlierthan one month after the day of publicarion. The submissiotis made by aircarriers shall fonhwith be communicated to the other Member States concemed andto the Commission. Offidal Joumal of Communities Prop.1992/93:202 Bilaga 3 No L 240/11 (e) The invitation to tender and subsequent contraa shall cover, inter alia, the following points: (i) the standards required by the public serviceobligation; (ii) mles conceming amendment and termination of thecontraa, in particular to take account of unforeseeable changes; (iii) the period of vaiidity of the contraa; (iv) penalties in the event of failure to comply with thecontraa. (f) The seleaion among the submissions shall be made as soon as possible taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required from the Member State(s) concemed, if any. (g) Notwithstanding subparagraph (f), a period of two months shall elapse after the deadline for submission of tenders before any seleaion is made, in order to permit other Member States to submit comments. (h) A may reimburse an air , which hasbeen seleaed under subparagraph (f), for satisfying standards required by apublic service obligation imposed under this paragraph; such reimbursementshall take into account the costs and revenue generated by the service. (i) Member States shall take the measures necessary toensure that any dedsion taken under this Artide can be reviewed effectivelyand, in particular, as soon as possible on the grounds that such dedsions haveinfringed Community law or national rules implementing that law. (j) When a public service obligation has been imposed inaccordance with subparagraphs (a) and (c) then air be able tooffer seat-only sales only if the air service in question meets all therequirements of the public service obligation. Consequently that air serviceshall be considered as a scheduled air service. (k) Subparagraph (d) shall not apply in any case in whichanother concemed proposes a satisfaaory altemative means offulfilling the same public service obligation. 2.Paragraph1 (d) shall not apply to routes where other forms of transpon can ensure anadequate and unintemipted service when the capadty offered exceeds 30 000 seatsper year. 3.At therequest of a which considers that the development of a route isbeing unduly rescriaed by the terms of paragraph 1, or on its own initiative, the Commissionshall carry out an investigation and within two months of receipt of the requestshall take a dedsion on the basis of all relevant faaors on whether paragraph 1shall continue to apply in respea of the route concemed. The Cotnmission shall communicate its dedsion to theCouncil and to the Member States. may refer the Commission'sdedsion to the Coundl within a time limit of one month. , aaing by aqualified majority, may take a different dedsion within a period of one month. routes for which at the time of entry intoforce of this Regulation an exdusive concession has been granted by law orcontraa, and where other fotms of transport cannot ensure an adequate andunintemipted service, such a concession may continue until its expiry date orfor three years, whichever deadline comes first. Notwithstanding Article 3, a may, whereone of the air licensed by it has started to operate a scheduledpassenger air service with aircraft of no more than 80 seats on a new routebetween regional airports where the capadty does not exceed 30 000 seats peryear, refuse a scheduled air service by another air for a period of twoyears, unless it is operated with aircraft of not more than 80 seats, or it isoperated in such a way that not more than 80 seats are available for salebetween the two airpons in question on each flight. Artide 4 (3) and (4) shall apply in relation to paragraph 1 of this Artide. In operating air services, a Community air shallbe permitted by the Member State(s) concemed to combine air services and usethe same flight number. This Regulation shall not affea a Member Statc's right to regulate without discrimination on grounds of nationality or identity of the air , the distribution of traffic between the airpons within an airpon system. The exerdse of traffic rights shall be subjea to published Community, national, regional or local operational rules relating to safety, the protcaion of the environment and the allocation of slöts. No L 240/12 Offidal Joumal of Communiries Prop.1992/93:202 Bilaga 3 Atthe request of a or on its own initiative the Commision shallexamine the application of paragraphs 1 and 2 and, within one month of receiptof a request and after Consulting the Committee referred to in Article 11,dedde whether the may continue to apply the measure. TheCommission shall communicate its dedsion to the Council and to the MemberStates. may refer the Commission's decision tothe Council within a time limit of one month. The Coundl, aaing by a qualifiedmajority, may in exceptional drcumstances take a different dedsion within aperiod of one month. whetherthe aaion may be implemented, or partially, during the examinationtaking into account in panicular the possibility of irreversible effeas. AfterConsulting the Committee referred to in Anide 11 the Commission shall, onemonth after having received all necessary information, dedde whether the aaionis appropriate and in conformity with this Regulation and not in any other waycontrary to Community law. The Commission shall communicate its decision to theCoundl and the Member States. Pending such dedsion the Commission may dedde oninterim measures induding the suspension, in whole or in pan, of the action,taking into account in particular the possibility of irreversible effeas. When a deddes to constitute a new airponsystem or modify an existing one it shall inform the other Member States andthe Commission. After having v.rrified that the airports are grouped togetheras serving the same dty or conurbation the Commission shall publish a revisedAnnex II inthe Official Joumal of Communities. 1.Whenserious congestion and/or environmental problems exist the Member Stateresponsible may, subjea to this Artide, impose conditions on, limit or refusethe exercise of traffic rights, in particular when other modes of transport canprovide satisfaaory levels of service. 2.Actiontaken by a in accordance with paragraph 1 shall: benon-discriminatory on grounds of nationality or identity of air , have alimited period of vaiidity, not exceeding three years, after which it shall bereviewed, not unduly affea the objecrives ofthis Regulation, not unduly distort competitionbetween air , not be morerestriaive than necessary in order to relieve the problems. Notwithstanding paragraphs 3 and 4, a maytake the necessary aaion to deal with sudden problems of shon duration providedthat such aaion is consistent with paragraph 2. The Commission and the MemberState(s) shall be informed without delay of such aaion with its adequatejustification. If the problems necessitating such action continue to exist formore than 14 days the inform the Commission and the otherMember States accordingly and may, with the agreement of the Commission,prolong the aaion for further periods of up to 14 days. At the request of theMember State(s) involved or on its own initiative the Commission may suspendthis aaion if it does not meet the requirements of paragraphs 1 and 2 or isotherwise contrary to Community law. may refer the Commission's dedsionunder paragraph 4 or 5 to the Council within a time limit of one month. TheCoundl, acting by a qualified majority, may in exceptional drcimistanccs take adifferent dedsion within a period of one month. When a dedsion taken by a in accordancewith this Artide limits the activity of a Community air on anintra-Commimity route, the same conditions or limitation shall apply to allCommunity air on the same route. When the dedsion involves the refusalof new or additional services, the same treatment shall be given to allrequests by Conununity air for new or additional services on thatroute. Whena considers that action under paragraph 1 is necessary it shall,at least three months before the entry into force of the aaion, inform theother Member States and the Conunission, ptoviding adequate justification forthe action. The aaion may be implemented unless within one month or receipt ofthe information a concemed contests the aaion or the Commission,in accordance with paragraph 4, takes it up for further examination. Without prejudice to Article 8(1) and except with theagreement of the Member State(s) involved, a not authorizean air : (a) to establish a new service, or (b) to increase the frequency of anexisting service. Atthe request of a or on its own initiative the Commission shallexamine action referred to in paragraph 1. When the Commission, within onemonth of having been informed under paragraph 3, takes the aaion up forexamination it shall at the same time indicate betweena spedfic airport in its territory and another for such time as anair licensed by that other is not permitted, on the basisof slot-allocation rules as provided for in Anicle 8 (2), to establish a newservice or to increase frequencies on an Offidal Joumal of Communities 1992/93:202 Bilaga 3 No L 240/13 existingservice to the airport in question, pending the adoption by the Council and thecoming into force of a Regulation on a code of condua on slöt allocation basedon the general principle of non-discrimination on the grounds of nationality. 3.Furthermore,the Committee may be consulted by the Commission on any other questionconceming the application of this Regulation. 4.TheCommittee shall draw up its mles of procedure. I. Capadty limitations shall not apply to air servicescovered by this Regulation except as set out m Artides 8 and 9 and in thisAnide. Where the application of paragraph 1 has led to seriousfinandal damage for the scheduled air () licensed by a ,the Commission shall carry out a review at the request of that Member Stateand, on the basis of all relevant faaors, including the märket situation and inparticular whether a situation exists whereby the opportunities of air carriersof that to effeaively compete iri the märket are unduly affeaed,the financial posistion of the air () concemed and the capadtyutilization achieved, shall take a dedsion on whether the capadty for scheduledair services to and from that State should be stabilized for a limited period. 1.In orderto carry out its duties under this Regulation the Commission may obtain allnecessary information from the Member States concemed, which shall also ensurethe provision of information by air licensed by them. 2.When theinformation requested is not supplied within the time limit fixed by theCommission, or is supplied in incomplete form, the Commission shall by decisionaddressed to the concemed require the information to be applied.The dedsion shall specify what information is required and fix an appropriatetime limit whithin which it is to be supplied. The Commission shall publish a report on the applicationof this Regulation by and periodically thereafter. The Commission shall communicate its decision to theCouncd and to the Member States. may refer the Commission'sdedsion to the Council within a time limit of one month. The Coimcil, acting bya qualified majority, may in exceptional drcumstances take a different dedsionwithin a period of one month. Member States and the Commission shall cooperate in implementing this Regulation. Confidential information obtained in application of this Regulation shall be covered by professional secrecy. The Commission shall be assisted by an AdvisoryCommittee composed of the representatives of the Member States and chaired bythe representative of the Commission. shall advise the Commission on theapplication of Artides 9 and 10. Regulation (EEC) No 2343/90 and 294/91 are hereby replacedwith the exceptions of Artide 2 (e) (ii) and of to Regulation (EEC) No2343/90, as interpreted by to this Regulation, and Artide 2 (b) of andthe to Regulation (EEC) No 294/91. ArticU 16 This Regulation shall enter into force on 1January 1993. ThisRegulation shall be binding in its entirety and direcdy applicable in allMember States. Done at Bmssels, 23 1992 No L 240/14 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 ANNEXI List of category 1 airports airpon system Milan airport system List of airport systems Rome-Fiumicino / Ciampino //() Venice-Tesscra/Trcviso /Garwick/Stansted referred to in Artide 15 Under the terms of to Regulation (EEC) No 2343/90the air , which is structurcd and organized cxaaly as , is to be considered in the same way as the ; . Official Joumal of Communities 1992/93:202 Bilaga 3 No L 240/15 COUNCIL REGULATION (EEC) No 2409/92 onfares and råtes for air services THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Artide 84 (2) thereof, Having regard to the proposal from the Commission ('), HAS ADOPTED THIS REGULATION: Artide 1 This Regulation concems the criteria and procedures tobe applied for the of fares and råtes on air services forcarriage within the Community. Havingregard to the opinion of Parliament (), regard to the opinion of the Economic and SodalCommittee (), Whereas it is important to establish an air transportpolicy for the intemal märket över a period expiring on asprovided for in Artide 8a of the Treaty; Whereas the intemal märket shall comprise an area withoutintemal frontiers in which the free movement of goods, persons, services andcapital is ensured; Withoutprejudice to paragraph 3, this Regulation shall not apply: (a) to fares and råtes charged by aircarriers other than Community air ; (b) to fares and råtes established bypublic service obligation, in accordance with Coundl Regulation (EEC) No2408/92 of 23 1992 on access for Community air to intra-Communityair routes C). Only Community air be entided to introduce new products or lower fares than the ones existing for identical produas. WhereasCouncil Dedsion 87/éOl/EEC of on fares for scheduled airservices between Member States (*) and Coundl Regulation (EEC) No 2342/90 of 24July 1990 on fares for scheduled air services (') constitute the first stepstowards achieving the intemal märket in respea of air fares; Whereas air fares should normally be detennined freely bymärket forces; Whereas it is appropriate to complement price freedom withadequate safeguards for the interests of consumers and industry; Whereas it is appropriate to deal with all matters ofpridng in the same Regulation; Whereas this Regulation replaces Regulation (EEC) No2342/90 and partially replaces Council Regulation (EEC) No 294/91 of 4 February1991 on the operation of air cargo services between Member States (), C) OJ No C 258, 4. 1991, p. (2) OJ No C 125, 18. 5.1992, p. (5) OJ No C 169, «. 1992, p. C) OJ No L 374, 31. 1987,p. (5) OJ No L217, 11. 1990, p. C) OJ No L 36, 8. 1991, p. For the purposes of this Regulation: (a) 'air fares' means the pricesexpressed in ecus or in local currency to be paid by passengers to air carriersor their agents for the carriage of them and for the carriage of their baggageon air services and any conditions imder which those prices apply, indudingremuneration and conditions offered to agency and other auxiliary services; (b) 'seat råtes' means the pricesexpressed in ecus or in local currency to be paid by chanerers to air carriersfor the carriage on air services of the charterer or its and theirbaggage and any conditions under which those prices apply, indudingremuneration and conditions offered to agency and other auxiliary services; (c)'charterfares' means the prices expressed in ecus or in local currency to be paid bypassengers to charterers for services which constitute or indude their carriageand the carriage of their baggage on air services and any conditions underwhich those prices apply, induding remuneration and conditions offered toagency or other auxiliary services; () Sce page 8 of this . NoL 240/16 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 (d) 'cargo råtes' means the prices expressed in ecusor in local currency to be paid for the carriage of cargo and the conditions under which those prices apply, including remuneration and conditions offered to agency and other auxiliary services-, (e) 'standard cargo råtes' means the råtes which theair would normally quote induding the availability of normal discounts; (f) 'air service' means a flight or a series offlights carrying passengers, cargo and/or mail for remuneration and/or hire; (g) 'air ' means an air transpon undertakingwith a valid operating licence. (h) 'Community air ' means an air with avalid operating licence issued by a in accordance with CouncilRegulation (EEC) No 2407/92 of 23 1992 on licensing of air ('); (i) 'Member State(s) concemed' means the Member St3te(s)berween or within which the fare or råte is applied; (j) 'Member State(s) involved' means the Member State(s)concemed and the Member State(s) where the air () operating the airservice is (are) licensed; (k) 'basic fare' means the lowest fully flexible fare,available on a one way and retum basis, which is offered for sale at least tothe same extent as that of any other fully flexible fare offered on the sameair service. Charter fares and seat arid cargo råtes charged byCommunity air be set by free agreement berween the parties tothe contract of carriage. before the air fares come into effea, except in the caseof matching of an existent fare for which no more than prior notification isrequired. Before , a may require thatair fares on domestic routes where no more than one licensed by it, ortwo licensed by it under a joint operation, operate have to be filedmore than one working day but no more than one month before the air fares comeinto effea. An air fare may be available for sale and carriage aslong as it is not withdrawn in accordance with Article é or Article 7. Subjea to the procedures of this Artide, a MemberState concemed may decide, at any moment: (a)to withdraw abasic fare which, taking into account the whole fare structure for the route inquestion and other relevant faaors including the competitive märket situation,is excessively high to the disadvantage of users in relation to the long termfully-allocated relevant costs of the air induding a satisfaaory retumon capital; (b) to stop, in a non-discriminatoryway, further fare decreases in a märket, whether on a route or a group ofroutes, when märket forces have led to sustained downward development of airfares deviating significandy from ordinary seasonal pridng movements andresulting in widespread losses among all air concemed for the airservices concemed, taking into account the long term fully-allocated relevantcosts of the air . Air operating within the Community shall informthe general public, on request, of all air fares and standard cargo råtes. A dedsion taken pursuant to paragraph 1 shall benotified with reasons to the Commission and to all other Member State(s)involved, as well as to the air carriet(s) concemed. 1.Withoutprejudice to this Regulation, Community air freely set airfares. 2.Member State(s)concemed may, without discrimination on grounds of nationality or identity ofair , require air fares to be filed with them in the form prescribed bythem.