# C_2007024EN.01000401.xml

| 2.2.2007 | EN | Official Journal of the European Union | C 24/4 |
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2.2.2007

EN

Official Journal of the European Union

C 24/4

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Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Amendment of a public service obligation imposed on certain scheduled air services within Portugal

(Text with EEA relevance)

(2007/C 24/05)

| 1. | Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes, Portugal has decided to amend the public service obligation imposed in respect of scheduled air services operated between Funchal and Porto Santo. |
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1.

Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes, Portugal has decided to amend the public service obligation imposed in respect of scheduled air services operated between Funchal and Porto Santo.

| 2. | The public service obligation is as follows:
  —   Minimum frequency:
  At least two round trips per day, throughout the year.
  —   Capacity:
  A minimum capacity of 153 600 seats must be offered each year.
  Where average seat sales exceed 75 % in any IATA season, the minimum capacity to be offered in the next corresponding season must be increased by at least enough to maintain a 75 % average.
  In the event of temporary interruption of air services due to unforeseen circumstances, to cases of force majeure or for other reasons, the programmed capacity must be increased by at least 60 % from the moment when services can be resumed until the entire traffic backlog built up during the interruption in services has been cleared.
  —   Continuity of service and punctuality:
  Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled in any IATA scheduling season.
  Except in cases of force majeure, delays of more than 15 minutes directly attributable to the carrier must not affect more than 15 % of the flights.
  The planned services must be guaranteed throughout one calendar year at least and, except in the case mentioned above, may be suspended only with six months' notice.
  —   Type of aircraft used and operating conditions:
  Services must be operated using aircraft which have been duly certified; for operations to and from Funchal airport carriers must observe the conditions published in the ‘Aeronautical Information of Portugal’ (AIP).
  —   Fares:
  The fare structure must include:






  a) | A fully flexible economy reference fare; |
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2.

The public service obligation is as follows:

—   Minimum frequency:

At least two round trips per day, throughout the year.

—   Capacity:

A minimum capacity of 153 600 seats must be offered each year.

Where average seat sales exceed 75 % in any IATA season, the minimum capacity to be offered in the next corresponding season must be increased by at least enough to maintain a 75 % average.

In the event of temporary interruption of air services due to unforeseen circumstances, to cases of force majeure or for other reasons, the programmed capacity must be increased by at least 60 % from the moment when services can be resumed until the entire traffic backlog built up during the interruption in services has been cleared.

force majeure

—   Continuity of service and punctuality:

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled in any IATA scheduling season.

force majeure

Except in cases of force majeure, delays of more than 15 minutes directly attributable to the carrier must not affect more than 15 % of the flights.

force majeure

The planned services must be guaranteed throughout one calendar year at least and, except in the case mentioned above, may be suspended only with six months' notice.

—   Type of aircraft used and operating conditions:

Services must be operated using aircraft which have been duly certified; for operations to and from Funchal airport carriers must observe the conditions published in the ‘Aeronautical Information of Portugal’ (AIP).

—   Fares:

The fare structure must include:

a)

A fully flexible economy reference fare;

| b) | A range of special fares with levels and conditions tailored to different demand segments (e.g. excursion, groups, special events, etc.), including at least one pex fare; |
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b)

A range of special fares with levels and conditions tailored to different demand segments (e.g. excursion, groups, special events, etc.), including at least one pex fare;

| c) | Reduced fares for residents of Porto Santo and students whose place of residence is in Porto Santo and who study elsewhere in Portugal or vice versa. These fares are:






  i. | EUR 37 return on flights for residents between Porto Santo and Funchal; |
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c)

Reduced fares for residents of Porto Santo and students whose place of residence is in Porto Santo and who study elsewhere in Portugal or vice versa. These fares are:

i.

EUR 37 return on flights for residents between Porto Santo and Funchal;

| ii. | EUR 27 return on flights for students between Porto Santo and Funchal. |
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ii.

EUR 27 return on flights for students between Porto Santo and Funchal.

| 3. | Carriers may levy a charge to offset the additional cost entailed by fuel price increases (AC) by applying the following formula:
  SC = K × (b - 50,00)
  Where:







  SC | = | Additional cost of fuel on return trips |
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| k | = | 0,684862 × average USD/EUR exchange rate for the preceding quarter |
| B | = | average barrel price in USD in the preceding quarter |

3.

Carriers may levy a charge to offset the additional cost entailed by fuel price increases (AC) by applying the following formula:

SC = K × (b - 50,00)

Where:

SC

=

Additional cost of fuel on return trips

k

=

0,684862 × average USD/EUR exchange rate for the preceding quarter

B

=

average barrel price in USD in the preceding quarter

—   Flight marketing

Flights must be marketed using a computerised reservation system.

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