5. 7. 90 Official Journal of the European Communities NoC 164/11 
Commission proposal for a Regulation on access for air carriers to scheduled intra-Community 
air service routes and on the sharing of passenger capacity between air carriers on scheduled air 
services between Member States (') 
COM(90) 234 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 6 June 1990) 
(90/C 164/09) 
0) OJ No C 258, 11. 10. 1989 [COM(89) 373 final]. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Fourth recital 
Whereas increased market access will stimulate the 
development of the Community air transport sector and 
give rise to improved services for users; whereas as a 
consequence it is necessary to introduce more liberal 
provisions concerning multiple designation, third, fourth 
and fifth freedom traffic rights and to adopt the first 
provisions with respect to cabotage. 
4. Airports in the Greek Islands shall be exempted 
from the application of this Regulation until 1 July 1993. 
Unless otherwise decided by the Council, on a proposal 
of the Commission, this exemption shall apply for a 
further period of five years and may be continued for 
five years thereafter. 
(ii) an air carrier which, although it does not meet the 
definition set out in (i), at time of adoption of this 
Regulation: Whereas increased market access will stimulate the 
development of the Community air transport sector and 
lead to improved services for users; whereas as a conse­
quence it is necessary to introduce more liberal 
provisions concerning multiple designation, third, fourth 
and fifth freedom traffic rights; 
whereas safety conditions must not be affected; whereas, 
therefore, it is necessary to increase the capacity of air 
traffic control and airport infrastructure and to improve 
the allocation of air space in favour of civil aviation. 
4. Airports in the Greek Islands shall be exempted 
from the application of this Regulation until 31 July 
1993. Any extension of this exemption may be decided 
by the Council on a proposal from the Commission only 
where the infrastructure is so inadequate and overloaded 
as to prevent automatic access to specific airports. 
(ii) an air carrier which, at the time of adoption of this 
Regulation, although it does not meet the definition 
set out in (i) but: Article 1 
Article 2 (e) (ii) 
NoC 164/12 Official Journal of the European Communities 5. 7. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 3 
1. Member States shall grant, on a non-discriminatory 
basis, an operating licence as an air carrier to under­
takings established on their territory when they comply 
with a set of requirements including technical and 
economic standards. A Member State which has not 
defined such a set of requirements shall do so within 
three months from the entry into force of this Regu­
lation. Member States shall publish these requirements 
and communicate them forthwith to the Commission. 1. Member States shall grant, on a non-discriminatory 
basis, an operating licence as an air carrier to under­
takings established on their territory when they comply 
with a set of requirements including technical and 
economic, social and safety standards. Member States 
shall not grant such operating licences in the absence of 
reasonable guarantees of the financial solvency of the 
applicant air carrier for the first three years after 
commencement of the proposed air services. A Member 
State which has not defined such a set of requirements 
shall do so within three months from the entry into force 
of this Regulation. Member States shall publish these 
requirements and communicate them forthwith to the 
Commission. 
No later than 31 December 1991, the Commission shall 
submit to the Council a proposal for the harmonization 
of these requirements. 
2. (a) The State of registration shall authorize, on a 
non-discriminatory basis, applicant Community 
air carriers, which are established on its territory 
and which meet the set of requirements referred 
to in paragraph 1, to operate air services within 
the Community. 2. (a) The State of registration shall authorize, on a 
non-discriminatory basis, applicant Community 
air carriers, which are established on its territory 
and which meet the set of requirements including 
technical, economic, social and safety standards 
referred to in paragraph 1, to operate air services 
within the Community. 
3. Any decision to refuse a licence or authorization or 
to attach conditions shall be accompanied by the reasons 
therefore in writing. 3. Any decision to refuse a licence or authorization or 
to attach conditions shall be accompanied by the reasons 
therefore in writing. Air carriers may complain to the 
Commission against a decision adopted by a Member 
State. After hearing all the parties concerned the 
Commission shall decide whether it will initiate the 
Article 169 procedure within two months of receipt of 
the complaint. 
Article 4 
paragraph 1, second indent 
combine these air services in the airports or airport 
systems located in the State of registration. 
Combined through services may have the same flight 
number. — combine these air services in the airports or airport 
systems located in the State of registration. 
Combined through services with no change of 
aircraft may have the same flight number. 
5. 7. 90 Official Journal of the European Communities No C 164/13 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 9 
Community air carriers shall be permitted to exercise 
cabotage traffic rights between combined points within 
the same Member State on the following conditions: 
(a) the cabotage traffic rights are exercised on an air 
service which constitutes an extension of an air 
service from or a preliminary of an air service to its 
State of registration; 
(b) it is operated between two airports at least one of 
which is a regional airport; 
(c) the air carrier may not use more than 30% of its 
annual seat capacity on the air service concerned for 
the carriage of cabotage passengers. From 1 January 1993, Community air carriers shall be 
permitted to exercise cabotage traffic rights between 
combined points within the same Member State provided 
that the cabotage traffic rights are exercised on an air 
service which constitutes an extension of an air service 
from or a preliminary of an air service to its State of 
registration. 
Article 11 
paragraph 2a (new) 
Except with the agreement of the other Member State(s) 
concerned, a Member State shall not authorize an air 
carrier to commence a new service or to increase the 
frequency of an existing service between a specific 
airport in its territory and another Member State as long 
as an air carrier licensed by another Member State is not 
permitted, on the basis of paragraphs 1 and 2, to 
establish a new service or to increase frequencies on an 
existing service to the airport in question. 
Article 12 
3. Paragraphs 1 and 2 shall not apply to a service 
between a category 1 airport as listed in Annex II and a 
regional airport which is provided by aircraft with not 
more than 100 seats nor to a service between regional 
airports irrespective of aircraft capacity. 3. Paragraphs 1 and 2 shall not apply to services 
between regional airports irrespective of aircraft capacity 
nor to a route where only carriers from one of the 
Member States operates. 
NoC 164/14 Official Journal of the European Communities 5. 7. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 13 
1. At the request of any Member State for which the 
application of Article 12 (1) and (5) had led to serious 
financial damage for the air carrier(s) established in its 
territory, the Commission will carry out a review and, on 
the basis of all relevant factors, including the market 
situation, the financial position of the air carrier(s) 
concerned and the capacity utilization achieved, will take 
a decision on whether the capacity sharing on the routes 
to or from that State should be stabilized for a limited 
period. 1. At the request of any Member State for which the 
application of Article 12 (1) has led to serious financial 
damage to the air carrier(s) established in its territory, 
the Commission will carry out a review and, on the basis 
of all relevant factors, including the market situation, the 
financial position of the air carrier(s) concerned and the 
capacity utilization achieved, will take a decision on 
whether the capacity sharing on the route to or from 
that State should be stabilized for a limited period. 
Article 15a (new) 
1. No later than 31 December 1991, the Commission 
shall submit to the Council proposals for: 
(a) harmonization of the airworthiness of aircraft, 
including harmonization of maintenance standards 
and safety in the flight and passenger cabins; 
(b) air safety controls, including notification of, and 
inquiries into, accidents, technical incidents and near 
misses; 
(c) the capacity and safety of the airways, with 
particular attention to improving air traffic control; 
(d) the capacity and safety of airports, including 
harmonization of safety standards and procedures, 
the harmonization of noise standards at airports; 
(e) a code of conduct for slot allocation at airports, 
airport scheduling and service regulations; 
(f) mutual recognition and/or harmonization of 
certificates of those working in the air transport 
sector (e.g., pilots, cabin crew, air traffic controllers 
and maintenance mechanics); 
(g) flight times, air traffic service hours and rest periods 
for flight crews and cabin crews; working hours of 
air traffic controllers; 
(h) compensation for accidents. 
2. The Council shall take a decision on these 
proposals not later than 1 January 1993.