Amendment by France of public service obligations imposed on scheduled air services between Montpellier and Ajaccio and Montpellier and Bastia

(2000/C 183/05)

(Text with EEA relevance)

1. Pursuant to the decision of the Corsican regional authorities of 28 April 2000, France has decided to amend, from the date of publication of this notice, the public service obligations imposed on scheduled air services between Montpellier and Ajaccio, on the one hand, and Montpellier and Bastia, on the other, as set out in notice C 288 published in the Official Journal of the European Communities C 288 of 16 September 1998, which were suspended under the conditions set out in Commission notice C 14 published in the Official Journal of the European Communities C 14 of 19 January 1999, 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(1).

2. The amended public service obligations take account of Corsica's island status and are as follows:

2.1. Minimum frequency, timetables, type of aircraft used and capacity provided

(a) Between Montpellier and Ajaccio

- frequency: at least one round trip per day in an aircraft with at least 40 seats,

- the services must be non-stop between Montpellier and Ajaccio,

- the capacity provided must satisfy the following conditions:

over and above the basic service, an additional capacity of 12000 seats (total capacity in both directions) must be provided during the summer season from the end of June to the beginning of September, i.e. over a period of 10 weeks.

However, since Figari airport complements Ajaccio during that season, up to 50 % of the additional capacity may be offered on flights to Figari.

(b) Between Montpellier and Bastia

- frequency: at least one round trip per day in an aircraft with at least 40 seats,

- the services must be non-stop between Montpellier and Bastia,

- the capacity provided must satisfy the following conditions:

over and above the basic service, an additional capacity of 12000 seats (total capacity in both directions) must be provided during the summer season from the end of June to the beginning of September, i.e. over a period of 10 weeks.

However, since Calvi airport complements Bastia during that season, up to 50 % of the additional capacity may be offered on flights to Calvi.

2.2. Fares

The following categories of passengers must be charged a fare not exceeding FRF 720 with no capacity restriction:

(i) young persons (under 25 years of age);

(ii) senior citizens (aged 60 years or over);

(iii) students under 27 years of age;

(iv) families (one or both parents travelling with at least one of their children who is a minor);

(v) disabled persons;

the purchase of tickets at these prices may be subject to an advance booking requirement which may not exceed 14 days before the departure date;

(vi) passengers whose principal place of residence is in Corsica and who use tickets purchased in Corsica, the validity of which is restricted to a stay outside the island of less than 40 days, in order to make a round trip starting from Corsica, on all flights without capacity restriction or time constraints on ticket reservations or purchases.

These fares exclude per capacita taxes and duties charged by the State, local authorities and airport authorities, and identified as such on the air ticket.

If an abnormal and unforeseeable increase in the cost factors affecting the operation of the routes takes place for which the carriers are not responsible, that maximum fare may be raised in proportion to the increase. The new maximum fare must be notified to the carriers operating the services and will apply within an appropriate period; it will also be communicated forthwith to the European Commission for publication in the Official Journal of the European Communities.

2.3. Continuity of service

- except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 1 % of the number of flights scheduled in any IATA scheduling season,

- in accordance with Article 4(1)(c) of Regulation (EEC) No 2408/92, any carrier intending to operate one or other of these services must undertake to do so for at least 12 consecutive months,

- the carrier must give at least six months' notice before discontinuing these services,

- Community carriers are hereby informed that the operation of air services without regard to the abovementioned public service obligations may result in administrative and/or criminal penalties.

Air carriers are hereby informed that the French authorities reserve the right to grant aid having a social character to certain categories of passengers on these routes on the basis of Article 87(2)(a) of the Treaty.

(1) OJ L 240, 24.8.1992, p. 8.