# C_2005204EN.01001901.xml

| 20.8.2005 | EN | Official Journal of the European Union | C 204/19 |
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20.8.2005

EN

Official Journal of the European Union

C 204/19

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Imposition by Finland of a public service obligation relating to the scheduled air service on the Helsinki-Varkaus route

(2005/C 204/07)

(Text with EEA relevance)

| 1. | In accordance with Article4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the Finnish Government (Ministry of Transport and Communications) has decided to impose a public service obligation relating to scheduled flights on the Helsinki-Varkaus route from 1 November 2005 to 31 December 2006, except during the period from 23 June to 6 August 2006. |
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1.

In accordance with Article4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the Finnish Government (Ministry of Transport and Communications) has decided to impose a public service obligation relating to scheduled flights on the Helsinki-Varkaus route from 1 November 2005 to 31 December 2006, except during the period from 23 June to 6 August 2006.

| 2. | The following service conditions will apply.
  2.1.   Minimum number of flights
  The minimum number of flights on the Helsinki-Varkaus route will be three in each direction on working days from Monday to Friday, not including public holidays. On Saturdays there must be at least one connection from Varkaus to Helsinki and on Sundays at least one connection from Helsinki to Varkaus. The timetable may be altered to reflect demand around Christmas and other public holidays.
  2.2.   Number of seats
  Capacity on each flight must be at least 30 seats. There should be enough luggage/cargo capacity to enable each passenger, on a full flight in normal weather conditions, to carry on 8 kg in hand luggage and put at least 20 kg in the hold.
  2.3.   Timetable
  On Mondays to Fridays, a flight must leave Varkaus airport early enough to reach Helsinki-Vantaa airport by 7.00 am, in time for the main international connections.
  On Mondays to Fridays, a flight must leave Helsinki-Vantaa airport early enough to reach Varkaus airport by 8.30 am, and return to Helsinki by 9.30 am.
  On Mondays to Fridays an evening flight must leave Helsinki-Vantaa airport for Varkaus at around 17.30, and return to Helsinki no later than 19.00.
  On Mondays to Fridays there must also be a connection from Helsinki-Vantaa airport to Varkaus at 23.35 or later.
  On Saturday mornings, there must be a flight from Varkaus airport arriving in Helsinki-Vantaa airport by 8.30. On Sundays there must be a late evening flight from Helsinki-Vantaa airport to Varkaus airport.
  2.4.   Ticket prices and sales
  A single ticket between Varkaus and Helsinki must not cost more than EUR 184, inclusive of all taxes and charges. Cheaper ticket categories must be available and must account for at least 15 % of all tickets.
  The carrier must agree on an interline arrangement for the route covered by the public-service obligation with at least one carrier operating a service out of Helsinki-Vantaa. The interline agreement must contain the same or equivalent conditions and a pro-rata system must be agreed on in accordance with the relevant international rules, for distributing revenue from ticket sales. The carrier must conclude interline agreements, with the same or equivalent conditions, with all carriers operating air services from Helsinki-Vantaa airport that wish to enter into such an agreement. The carrier must provide the Ministry of Transport and Communications with any information concerning the interline agreements and their contents which it needs for the purpose of carrying out checks.
  The carrier must have an international reservation and ticketing system operation in Finland and an IATA interline agreement with through-pricing and luggage-handling arrangements. Information concerning prices and timetables must be included in the international reservations and ticketing system.
  The carrier must have a cooperation agreement covering through-pricing with at least one company that flies to foreign destinations from Helsinki-Vantaa airport.
  Flights must be marketed using a computerised reservation system.
  2.5.   Continuity of services
  A carrier intending to operate scheduled flights on this route must give an undertaking to provide the service required under the public-service obligation until the end of November 2006.
  The operation of air services on the route in question without regard to the abovementioned public service obligation may result in administrative and/or criminal penalties.
  2.6.   Accessibility for people with functional disabilities
  The carrier must ensure that provision is made for the needs of people with functional disabilities. |
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2.

The following service conditions will apply.

2.1.   Minimum number of flights

The minimum number of flights on the Helsinki-Varkaus route will be three in each direction on working days from Monday to Friday, not including public holidays. On Saturdays there must be at least one connection from Varkaus to Helsinki and on Sundays at least one connection from Helsinki to Varkaus. The timetable may be altered to reflect demand around Christmas and other public holidays.

2.2.   Number of seats

Capacity on each flight must be at least 30 seats. There should be enough luggage/cargo capacity to enable each passenger, on a full flight in normal weather conditions, to carry on 8 kg in hand luggage and put at least 20 kg in the hold.

2.3.   Timetable

On Mondays to Fridays, a flight must leave Varkaus airport early enough to reach Helsinki-Vantaa airport by 7.00 am, in time for the main international connections.

On Mondays to Fridays, a flight must leave Helsinki-Vantaa airport early enough to reach Varkaus airport by 8.30 am, and return to Helsinki by 9.30 am.

On Mondays to Fridays an evening flight must leave Helsinki-Vantaa airport for Varkaus at around 17.30, and return to Helsinki no later than 19.00.

On Mondays to Fridays there must also be a connection from Helsinki-Vantaa airport to Varkaus at 23.35 or later.

On Saturday mornings, there must be a flight from Varkaus airport arriving in Helsinki-Vantaa airport by 8.30. On Sundays there must be a late evening flight from Helsinki-Vantaa airport to Varkaus airport.

2.4.   Ticket prices and sales

A single ticket between Varkaus and Helsinki must not cost more than EUR 184, inclusive of all taxes and charges. Cheaper ticket categories must be available and must account for at least 15 % of all tickets.

The carrier must agree on an interline arrangement for the route covered by the public-service obligation with at least one carrier operating a service out of Helsinki-Vantaa. The interline agreement must contain the same or equivalent conditions and a pro-rata system must be agreed on in accordance with the relevant international rules, for distributing revenue from ticket sales. The carrier must conclude interline agreements, with the same or equivalent conditions, with all carriers operating air services from Helsinki-Vantaa airport that wish to enter into such an agreement. The carrier must provide the Ministry of Transport and Communications with any information concerning the interline agreements and their contents which it needs for the purpose of carrying out checks.

pro-rata

The carrier must have an international reservation and ticketing system operation in Finland and an IATA interline agreement with through-pricing and luggage-handling arrangements. Information concerning prices and timetables must be included in the international reservations and ticketing system.

The carrier must have a cooperation agreement covering through-pricing with at least one company that flies to foreign destinations from Helsinki-Vantaa airport.

Flights must be marketed using a computerised reservation system.

2.5.   Continuity of services

A carrier intending to operate scheduled flights on this route must give an undertaking to provide the service required under the public-service obligation until the end of November 2006.

The operation of air services on the route in question without regard to the abovementioned public service obligation may result in administrative and/or criminal penalties.

2.6.   Accessibility for people with functional disabilities

The carrier must ensure that provision is made for the needs of people with functional disabilities.

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ANNEX

APPEALS

The right to appeal

An appeal against the Ministry of Transport and Communications may be lodged by anyone to whom the decision is addressed or whose rights, obligations or interests are directly affected by the decision. An appeal may be lodged on the grounds that the decision is illegal.

Adjudicating authority and deadline for appeals

Any party who opposes this decision may apply to have it amended by lodging an appeal. Appeals should be submitted in writing to the Supreme Administrative Court. Appeals must be submitted within 30 days of being notified of the decision, not including the day of notification.

Appeals must arrive by close of business on the last day of the appeal-submission period.

Content of appeals

Appeals must state:

| — | which decision is being contested; |
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which decision is being contested;

| — | which aspect of the decision the appeal concerns and what changes the appellant is calling for; |
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which aspect of the decision the appeal concerns and what changes the appellant is calling for;

| — | on what grounds the changes are called for. |
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on what grounds the changes are called for.

The appeal must also state the name and place of residence of the appellant. If the appellant has appointed a legal representative or agent to speak for it or the appeal has been drafted by a third party, the appeal must also indicate the representative, agent or third party's name and place of residence.

The appeal must give a postal address and telephone number that can be used to communicate with the appellant on matters relating to the appeal.

The appeal must be signed by the appellant, the representative or agent.

Annexes to the appeal

The following must be attached to the appeal:

| — | the original decision of the Ministry of Transport and Communications or a copy thereof; |
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the original decision of the Ministry of Transport and Communications or a copy thereof;

| — | proof of the date on which the appellant was notified of the decision or proof of when the period for the submission of appeals began; |
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proof of the date on which the appellant was notified of the decision or proof of when the period for the submission of appeals began;

| — | any documents supporting the appellant's demands not yet submitted to the authorities; |
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any documents supporting the appellant's demands not yet submitted to the authorities;

| — | power of attorney, if an agent is used. |
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power of attorney, if an agent is used.

Submitting the appeal

The appeal must be sent to the registry of the Supreme Administrative Court before the deadline expires. The Supreme Administrative Court is located at Unioninkatu 16, Helsinki. Its postal address is: PL 180, 00131 Helsinki.

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