EN Official Journal of the European Union C 273/16

Amendment by France of the public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Marseille and Nice

(Text with EEA relevance)

(2008/C 273/08)

1. Pursuant to the decisions of the Corsican regional authorities of 19 June 2008 and 9 October 2008, France has decided to amend, from 29 March 2009, the public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari on the one hand and Marseille and Nice on the other, as published in the Official Journal of the European Union C 149 of 21.6.2005, 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 IN PARTICULAR OF CORSICA'S ISLAND STATUS AND ARE AS FOLLOWS:

2.1. Minimum frequency, timetables and capacity provided:

(a) Between Marseille and Ajaccio:

— frequency: (i) at least three round trips per day from Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip on the same day and to spend at least 8 hours in Ajaccio or 11 hours in Marseille, and one in the middle of the day; (ii) at least three round trips per day, evenly spread throughout the day, on Saturdays, Sundays and public holidays,

— services must be non-stop between Ajaccio and Marseille,

— the capacity offered must allow freight and/or post to be carried and, with regard to the carriage of passengers, must meet the following conditions: (i) from Monday to Friday at least 140 seats must be provided in each direction, morning and evening; (ii) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — throughout the year, a basic capacity of 5 250 seats per week, including 750 seats per day on Saturdays and Sundays, — in addition to this basic capacity: — 2 650 seats per week over a ten-week period from late June to early September, — 1 600 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above); (iii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, Whitsun, bridging days, and departing and returning summer holidaymakers, etc.) the following additional minimum capacities must be offered (total capacity in both directions): — 6 300 seats to be allocated to peaks during the IATA winter scheduling season, — 6 300 seats during a ten-week period from late June to early September, — 6 300 seats to be allocated to peaks during the IATA summer scheduling season, excluding the ten-week period referred to above. These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding, in advance of each IATA air season, with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of an agreement, the final decision will be taken by the Transport Board.

(b) Between Marseille and Bastia:

— frequency: (i) at least three round trips per day from Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip on the same day and spend at least 8 hours in Bastia or 11 hours in Marseille, and one in the middle of the day; (ii) at least three round trips per day, evenly spread throughout the day, on Saturdays, Sundays and public holidays,

— services must be non-stop between Bastia and Marseille,

— the capacity offered must allow freight and/or post to be carried and, with regard to the carriage of passengers, must meet the following conditions: (i) from Monday to Friday at least 140 seats must be provided in each direction, morning and evening; (ii) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — throughout the year, a basic capacity of 5 250 seats per week, including 750 seats per day on Saturdays and Sundays, — in addition to this basic capacity: — 2 650 seats per week over a ten-week period from late June to early September, — 1 600 seats per week during the IATA summer scheduling season, excluding the ten-week period referred to above; (iii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in an explicit memorandum of understanding with the Corsican Transport Board: — 6 300 seats to be allocated to peaks during the IATA winter scheduling season, — 6 300 seats over a ten-week period from late June to early September, — 6 300 seats to be allocated to peaks during the IATA summer scheduling season, excluding the ten-week period referred to above. These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding in advance of each IATA air season with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of agreement, the final decision will be taken by the Transport Board.

(c) Between Marseille and Calvi:

— frequency: (i) at least one round trip per day during the IATA winter scheduling season, with a minimum stay of between 7 and 10 hours in Marseille from Monday to Friday, excluding public holidays, depending on the opening hours of Calvi airport; (ii) at least two round trips per day on Saturdays, Sundays and public holidays; (iii) at least two round trips per day during the IATA summer scheduling season, with a minimum stay of between 7 and 10 hours in Marseille from Monday to Friday, excluding public holidays, depending on the opening hours of Calvi airport,

— services must be non-stop between Marseille and Calvi,

— the capacity offered must allow freight and/or post to be carried and, with regard to the carriage of passengers, must meet the following conditions: (i) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 950 seats per week throughout the year, increased to 1 500 seats per week during the IATA summer scheduling season, — in addition to this basic capacity, 550 seats per week during the ten-week period from late June to early September; (ii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in an explicit memorandum of understanding with the Corsican Transport Board: — 1 050 seats to be allocated to peaks during the IATA winter scheduling season, — 4 000 seats during a ten-week period from late June to early September, — 5 500 seats to be allocated to peaks during the IATA summer scheduling season, excluding the ten-week period referred to above. These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These additional minimum capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding in advance of each IATA air season with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of agreement, the final decision will be taken by the Transport Board.

(d) Between Marseille and Figari:

— frequency: (i) at least two round trips per day from Monday to Friday, except on public holidays, morning and evening, to enable customers to make a return trip on the same day and spend at least 10 hours in Marseille and at least seven hours in Figari; (ii) at least two round trips per day on Saturdays, Sundays and public holidays,

— services must be non-stop between Marseille and Figari,

— the capacity offered must allow freight and/or post to be carried and, with regard to the carriage of passengers, must meet the following conditions: (i) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — throughout the year, a basic capacity of 1 500 seats per week increased to 1 700 seats per week during the IATA summer scheduling season, — in addition to this basic capacity, 1 300 seats per week during the ten-week period from late June to early September; (ii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 050 seats to be allocated to peaks during the IATA winter scheduling season, — 4 000 seats during a ten-week period from late June to early September, — 5 500 seats to be allocated to peaks during the IATA summer scheduling season, excluding the ten-week period referred to above. These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding in advance of each IATA air season with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of agreement, the final decision will be taken by the Transport Board.

(e) Between Nice and Ajaccio:

— frequency: (i) at least three round trips per day from Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip on the same day and spend at least 8 hours in Ajaccio or 11 hours in Nice, and one in the middle of the day; (ii) at least six round trips in total spread over Saturday and Sunday; (iii) at least three round trips on public holidays, with the exception of Saturdays and Sundays falling on public holidays,

— services must be non-stop between Ajaccio and Nice,

— the capacity offered must allow freight and/or post to be transported and, with regard to the transport of passengers, must meet the following conditions: (i) from Monday to Friday at least 60 seats must be provided in each direction, morning and evening; (ii) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — throughout the year, a basic capacity of 2 650 seats per week, — in addition to this basic capacity: — 950 seats per week during a ten-week period from late June to early September, — 450 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above); (iii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 600 seats to be allocated to peaks during the IATA winter scheduling season, — 4 200 seats during a ten-week period from late June to early September, — 3 200 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above).

(f) Between Nice and Bastia:

— frequency: (i) at least three round trips per day from Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip on the same day and spend at least 8 hours in Bastia or 11 hours in Nice, and one in the middle of the day; (ii) at least six round trips in total spread over Saturday and Sunday; (iii) at least three round trips on public holidays, with the exception of Saturdays and Sundays falling on public holidays,

— services must be non-stop between Bastia and Nice,

— the capacity offered must allow freight and/or post to be carried and, with regard to the carriage of passengers, must meet the following conditions: (i) from Monday to Friday at least 60 seats must be provided in each direction, morning and evening; (ii) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 2 650 seats per week throughout the year, — in addition to this basic capacity: — 550 seats per week during a ten-week period from late June to early September, — 300 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above); (iii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 600 seats to be allocated to peaks during the IATA winter scheduling season, — 3 200 seats during a ten-week period from late June to early September, — 3 200 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding in advance of each IATA air season with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of agreement, the final decision will be taken by the Transport Board.

(g) Between Nice and Calvi:

— frequency: at least one round trip per day,

— services must be non-stop between Nice and Calvi,

— the capacity provided must meet the following conditions: (i) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 600 seats per week throughout the year, — in addition to this basic capacity: — 1 400 seats per week during a ten-week period from late June to early September, — 400 seats per week during the IATA summer scheduling season, excluding the ten-week period referred to above; (ii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 050 seats to be allocated to peaks during the IATA winter scheduling season, — 1 600 seats during a ten-week period from late June to early September, — 2 300 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding in advance of each IATA air season with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of agreement, the final decision will be taken by the Transport Board.

(h) Between Nice and Figari:

— frequency: at least one round trip per day,

— services must be non-stop between Nice and Figari,

— the capacity offered must allow freight and/or post to be carried and, with regard to the carriage of passengers, must meet the following conditions: (i) the following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 600 seats per week throughout the year, — to this basic capacity should be added: — 1 400 seats per week during a ten-week period from late June to early September, — 400 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above); (ii) in view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers, etc.), the following additional minimum capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 050 seats to be allocated to peaks during the IATA winter scheduling season, — 2 650 seats during a ten-week period from late June to early September, — 2 300 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These additional capacities will not include any excess seats spontaneously offered over and above these basic capacities. These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned,

— timetables and the distribution over the year of the various capacities will be the subject of an explicit memorandum of understanding in advance of each IATA air season with the Corsican Transport Board. In order to do this and prior to finalising this memorandum of understanding, the carrier shall submit programme proposals using the electronic form indicated by the Transport Board. In the absence of agreement, the final decision will be taken by the Transport Board.

2.2. Fares

The following fares exclude distribution costs and per capita taxes and duties charged by the State, local authorities and airport authorities, and identified as such on the air ticket:

— the normal single fare on Marseille-Corsica routes must be no more than EUR 115, or EUR 120 during the ten-week period from late June to early September; on Nice-Corsica routes, it must be no more than EUR 111, or EUR 116 during the ten-week period from late June to early September,

— 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, other than resident students under 27 years of age, young residents educated on the mainland and minors who are children of divorced parents with one parent residing on Corsica, must be entitled to a fare of no more than EUR 46 per leg on Marseille-Corsica routes and a fare of no more than EUR 43 per leg on Nice-Corsica routes all year round on all flights, without capacity restriction,

— the following categories of passengers must be entitled to a fare of no more than EUR 53 per leg, or no more than EUR 58 per leg during the ten-week period from late June to early September, on Marseille-Corsica routes, and to a fare of no more than EUR 50 per leg, or EUR 55 per leg during the ten-week period from late June to early September, on Nice-Corsica routes: (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 (at least two members of the same family travelling together); (v) disabled persons.

In respect of at least 50 % of daily capacity in each direction on each route, carriers must authorise the sale of tickets at the above fares to the above categories of passenger without any restriction whatsoever until the last seat available has been sold.

For all categories of passengers, the carrier may require that a ticket be issued and paid for within a timeframe proportional to that which has elapsed since the reservation, on the basis of a table to be drawn up in agreement with the Corsican transport office.

Passengers charged on the basis of a ‘resident’ rate must be grouped together with those who have paid a full fare for boarding purposes.

In the event of an abnormal and unforeseeable increase in costs affecting the operation of the air routes, outside of the carrier's control, these maximum fares may be raised in proportion to the increase. The new maximum fares will be notified to the carriers operating the services and will apply within an appropriate period.

By contrast, if costs have increased, thereby causing a corresponding increase in fares but these costs subsequently revert to their previous level and all other factors, notably duration, are the same as before, the fare increase will be cancelled within the same timeframe once the carrier has been notified accordingly.

All fares offered to passengers must be accessible and sold on a permanent basis using at least one international reservation system or through one of the following methods: reservation centre, travel agencies, Internet, airport ticketing desk. In addition to each of these sales methods, users must also have access to clear and specific information in paper and electronic format, on current fare conditions, expressed in gross and net amounts, indicating distribution costs, depending on the methods in question.

Carriers must take appropriate measures to ensure that the following passengers are accepted on an unrestricted basis:

— unaccompanied minors (UMs) within the meaning of the IATA regulation, from the age of four years, with no fare surcharges applied,

— passengers whose mobility is reduced or who suffer from a recognised disability (WCHR, WCHS, WCHC) will be granted access on board in accordance with the IATA regulation. To this end, carriers will have to demonstrate that they have access to approved stretchers. The fare surcharges applied may not exceed the sum of the seats occupied in order to transport these passengers.

Carriers will grant each passenger to a baggage allowance of 20 kg free of charge. The amount of excess baggage charged per passenger shall not exceed the sum of EUR 1 per kg under any circumstances.

The carrier may enter into an IATA inter-line agreement regarding, for each route, at least one carrier operating air services to domestic destinations, specifically Paris (Orly), from Marseille or Nice airports as appropriate, governing fares and baggage handling, the rules of application of which may be specified in the periodic memoranda of understanding between the carrier and the Corsican Transport Board.

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, other than additional flights, scheduled in any IATA scheduling season.

In accordance with Article 4(1)(c) of Regulation (EEC) No 2408/92 referred to above, any carrier intending to operate any one of these routes must undertake to do so for at least twelve consecutive months.

The carrier may discontinue these services only after giving at least six months' advance notice.

2.4. Conditions for the provision of services

Any Community carrier wishing to operate one or other of the routes subject to the public service obligations referred to above must provide a detailed description of the way in which it intends to provide these services, by providing, in particular, the following pieces of information.

(a) Operating programs

Operating programs (frequency, timetables, types of aircraft used, etc.) will be notified for the various periods set out in the public service obligations. The conditions for providing additional flights will also be set out.

(b) Fares policy

The carrier will provide a detailed table setting out its rates (full rate, reduced rate and detailed rules for application).

(c) Commercial conditions of operation

The carrier will set out the provisions envisaged for the transport of freight and/or post, for sales and reservation systems, and arrangements for unaccompanied minors (UM) and reduced-mobility passengers in accordance with the provisions of the public service agreements. It will also specify the services provided on board and the inter-line agreements allowing for possible transfers, irrespective of whether these occur on the domestic or international network.

(d) Technical conditions of operation

The particular conditions through which the possibility and regularity of flights (aircraft and replacement of crew members in particular) is ensured, will be set out.

Community carriers should be aware that operation of these routes without complying with the public service obligations mentioned above may, in addition to incurring the administrative and/or legal penalties provided for, lead to their being banned from taking part in any tender procedures organised by the Corsican regional authorities for a period of at least 5 years.

(e) Labour conditions

In accordance with the provisions of the French labour code (Article L 1224-1), the carrier shall notify the labour conditions which it will implement in respect of its staff.

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