# C_2006083EN.01001201.xml

| 6.4.2006 | EN | Official Journal of the European Union | C 83/12 |
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6.4.2006

EN

Official Journal of the European Union

C 83/12

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

Imposition of public service obligations on scheduled air services within Italy

(2006/C 83/05)

Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, in accordance with the decisions taken at the Interdepartmental Conference chaired by the Region of Liguria, the Italian Government has decided to impose public service obligations on scheduled air services on the following route:

1.   Route concerned

Albenga — Rome and vice versa

| 1.1. | By virtue of Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, as amended by Commission Regulation (EC) No 793/2004, the competent authorities may reserve certain slots for the performance of services under the arrangements specified in this notice. |
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1.1.

By virtue of Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, as amended by Commission Regulation (EC) No 793/2004, the competent authorities may reserve certain slots for the performance of services under the arrangements specified in this notice.

2.   The public service obligations in question are as follows:

2.1   Minimum frequency:

The minimum frequency on the above route is as follows:

| | 2 daily outward flights and 2 daily return flights from Monday to Friday throughout the year. |
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2 daily outward flights and 2 daily return flights from Monday to Friday throughout the year.

| | 1 outward flight Albenga — Rome on Saturday morning throughout the year. |
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1 outward flight Albenga — Rome on Saturday morning throughout the year.

| | 1 return flight Rome — Albenga on Sunday evening throughout the year. |
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1 return flight Rome — Albenga on Sunday evening throughout the year.

The entire capacity of each aircraft must be offered for sale under the terms of the public service obligations with no quotas.

2.2.   Timetables:

Albenga — Rome from Monday to Friday:

| — | 1 flight leaving between 06.30 and 07.30 |
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1 flight leaving between 06.30 and 07.30

| — | 1 flight leaving between 17.00 and 18.00 |
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1 flight leaving between 17.00 and 18.00

Albenga — Rome on Saturday:

| — | 1 flight between 06.30 and 07.30 |
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1 flight between 06.30 and 07.30

Rome — Albenga from Monday to Friday:

| — | 1 flight leaving between 08.30 and 9.30 |
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1 flight leaving between 08.30 and 9.30

| — | 1 flight leaving between 19.00 and 20.00 |
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1 flight leaving between 19.00 and 20.00

Rome — Albenga on Sunday:

| — | 1 flight leaving between 19.00 and 20.00 |
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1 flight leaving between 19.00 and 20.00

2.3.   Type and capacity of aircraft used

The services must be operated with a pressurised twin-turboprop or twin-jet aircraft having a seating capacity of at least 40 on the Albenga-Rome route and at least 40 on the Rome — Albenga route

Should the market so require, more capacity shall be offered by introducing additional flights which shall not give rise to extra compensation. The carrier which accepts the public service obligations shall, subject to safety considerations which may justify denied boarding, take all necessary measures to facilitate the carriage of disabled passengers and passengers with reduced mobility.

2.4.   Fares

| a) | The maximum fares to be applied on each route are as follows: | Albenga — Rome EUR 78,00 |
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a)

The maximum fares to be applied on each route are as follows:

Albenga — Rome EUR 78,00

| | Rome — Albenga EUR 78,00 |
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Rome — Albenga EUR 78,00

All the above fares are net of VAT, airport taxes and charges, and no form of surcharge may be levied.

At least one form of ticket distribution and sale must be provided which is entirely free of charge and places no additional economic burden on passengers.

All the passengers travelling on the route Albenga — Rome and vice versa shall be entitled to the above fares.

| b) | Every year the competent authorities will adjust the maximum fares in accordance with the rate of inflation of the previous year calculated on the basis of the ISTAT/FOI general index of consumer prices. Adjustments must be notified to all carriers operating the services in question, and to the European Commission for publication in the Official Journal of the European Union. |
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b)

Every year the competent authorities will adjust the maximum fares in accordance with the rate of inflation of the previous year calculated on the basis of the ISTAT/FOI general index of consumer prices. Adjustments must be notified to all carriers operating the services in question, and to the European Commission for publication in the Official Journal of the European Union.

Official Journal of the European Union

| c) | If the average recorded in each half-year of the euro/US dollar exchange rate and/or the cost of fuel changes by more than 5 %, fares must be adjusted in proportion to the change recorded and in proportion to the share of flight costs represented by fuel.
  Six-monthly fare adjustments are made, where appropriate, by the Minister for Infrastructure and Transport, in agreement with the President of the Region of Liguria, on the basis of a report by a Joint Technical Committee composed of one representative appointed by the ENAC and one representative appointed by the Region of Liguria, which must consult the carriers operating the routes concerned.
  Any adjustment will enter into force as of the next half-year.
  Adjustments shall be notified to all carriers operating the services in question, and to the European Commission for publication in the Official Journal of the European Union.
  Continuity of services
  For the purpose of guaranteeing the continuity, regularity and punctuality of the services, the carriers which accept the public service obligations must:






  — | guarantee the service for at least 12 consecutive months, and must not suspend it without at least six months' notice; |
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c)

If the average recorded in each half-year of the euro/US dollar exchange rate and/or the cost of fuel changes by more than 5 %, fares must be adjusted in proportion to the change recorded and in proportion to the share of flight costs represented by fuel.

Six-monthly fare adjustments are made, where appropriate, by the Minister for Infrastructure and Transport, in agreement with the President of the Region of Liguria, on the basis of a report by a Joint Technical Committee composed of one representative appointed by the ENAC and one representative appointed by the Region of Liguria, which must consult the carriers operating the routes concerned.

Any adjustment will enter into force as of the next half-year.

Adjustments shall be notified to all carriers operating the services in question, and to the European Commission for publication in the Official Journal of the European Union.

Official Journal of the European Union

Continuity of services

For the purpose of guaranteeing the continuity, regularity and punctuality of the services, the carriers which accept the public service obligations must:

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guarantee the service for at least 12 consecutive months, and must not suspend it without at least six months' notice;

| — | ensure that their conduct vis-à-vis users conforms to the principles set out in the Charter of Passengers' Rights, so as to comply with the relevant national, Community and international regulations; |
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ensure that their conduct vis-à-vis users conforms to the principles set out in the Charter of Passengers' Rights, so as to comply with the relevant national, Community and international regulations;

| — | provide a performance security for the purpose of guaranteeing the correct performance and continuation of the service. The security shall amount to at least EUR 800 000,00 and must be guaranteed by an insurance surety payable to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure the continuation of the services concerned. |
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provide a performance security for the purpose of guaranteeing the correct performance and continuation of the service. The security shall amount to at least EUR 800 000,00 and must be guaranteed by an insurance surety payable to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure the continuation of the services concerned.

| — | operate at least 98 % of the flights scheduled in any year, with a maximum cancellation margin of 2 % for reasons directly attributable to the carrier, excluding cases of force majeure; |
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operate at least 98 % of the flights scheduled in any year, with a maximum cancellation margin of 2 % for reasons directly attributable to the carrier, excluding cases of force majeure;

| — | pay the regulatory body a penalty of EUR 3 000,00 for every flight cancelled in excess of the 2 % limit. The sums received in this connection will be allocated to the territorial continuity heading of Albenga's municipal budget. |
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pay the regulatory body a penalty of EUR 3 000,00 for every flight cancelled in excess of the 2 % limit. The sums received in this connection will be allocated to the territorial continuity heading of Albenga's municipal budget.

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