25. 3. 88 Official Journal of the European Communities No C 78/7 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Directive amending Council Directive 83/416/EEC 
concerning the authorization of scheduled inter-regional air services for the transport of, 
passengers, mail and cargo between Member States (') 
COM(88) 126 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 11 March 1988) 
(88/C 78/08) 
0) OJ No C 240, 24. 9. 1986, p. 7. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European unchanged 
Economic Community, and in particular Article 84 (2) 
thereof, 
Having regard to the proposal from the Commission, unchanged 
Having regard to the opinion of the European unchanged 
Parliament, 
Having regard to the opinion of the Economic and unchanged 
Social Committee ('), 
Whereas Council Directive 83/416/EEC (2), as amended unchanged 
by Directive 86/216/EEC (}), establishes a Community 
procedure for authorizing scheduled interregional air 
services between Member States; 
Whereas this represents a significant step towards the unchanged 
completion of the internal market; 
Whereas the system set up by the Directive is of an unchanged 
experimental nature and Article 13 of the Directive 
therefore provides for the Council to review the 
operation of the Directive before 1 July 1986 on the 
basis of reports furnished by the Commission; 
(') OJ No C 105, 21. 4. 1987, p. 4. 
(2) OJ No L 237, 26. 8. 1983, p. 19. 
(») OJ No L 152, 6. 6. 1986, p. 47. 
No C 78/8 Official Journal of the European Communities 25. 3. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas experience has shown that only a few services 
have been authorized in accordance with the provisions 
of the Directive, and that it would therefore be desirable 
to give air carriers greater scope to develop markets and 
thereby contribute to the evolution of the intra-
Community network; unchanged 
Whereas it is particularly important to encourage the 
development of services between regional airports and 
major airports so that the Community network can 
grow; This paragraph is deleted 
Whereas restrictions on the minimum stage — length for 
an air journey deprive Community carriers of the oppor­
tunity to offer air services, and air travellers of the 
choice to use them; This paragraph is deleted 
Whereas common rules should promote the development 
of direct services between the various regions in the 
Community rather than indirect services; unchanged 
Whereas a direct service between two airports should not 
be rejected when an air service between neighbouring 
airports exists; unchanged 
Whereas it is desirable to extend the period of auth­
orizations to five years in order to allow airlines to 
recuperate the costs of development of a new service; unchanged 
Whereas the potential traffic from some regional airports 
is small but viable services can be operated from such 
airports when combined with services to other regional 
airports in the Community, with consequent energy and 
cost savings; unchanged 
Whereas States affected should be empowered to ensure unchanged 
a certain stability in inter-regional air services; 
add the following paragraph: 
'Whereas provisions should be made for rapid consul­
tation between Member States in the case of any 
disagreement and for procedures for settling such 
disagreements regarding approval of tariffs as are not 
resolved by consultations;' 
Whereas airlines should be allowed to operate inter­
regional air services only if government controls of 
economic and technical fitness are adequate; unchanged 
Whereas Directive 83/416/EEC should be amended unchanged 
accordingly, 
25. 3. 88 Official Journal of the European Communities No C 78/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 83/416/EEC is hereby amended as follows: Article 1 
Directive 83/416/EEC is hereby amended as follows: 
1. Article 1 is amended as follows: 
(i) point (a) is deleted; 1. Article 1 is amended as follows: 
(i) unchanged 
(i a) point (b) is replaced by the following: 
'(b) by aircraft which have capacity of not more 
than 70 passenger seats;' 
(ii) (c) is replaced by the following: 
'(c) between airports in the Community of 
category 2 and 2 of category 2 and 1 which 
are open to international scheduled traffic. 
The classification of airports is contained in 
Annex A.' (ii) (c) is replaced by the following: 
'(c) between airports in the Community of 
category 2 and 2, which are open to interna­
tional scheduled traffic. The classification of 
airports is contained in Annex A.' 
2. Article 3 is replaced by the following: 
'Article 3 
1. The home State of the air carrier concerned, if it 
gives its approval, shall forward the application for an 
inter-regional air service to the State(s) affected. 
2. The State(s) affected shall authorize the air 
carrier concerned to operate such an inter-regional air 
service if it conforms to the provisions of this 
Directive. 
3. When the home State forwards an application 
for an inter-regional air service to the State(s) 
affected, the State(s) affected shall, within three 
months of receipt, reach a decision either authorizing 
the service applied for or refusing it on the grounds 
provided for in this Directive and notify the home 
State and the Commission of the decision.' 2. Article 3: 
unchanged 
3. Article 4 is replaced by the following: 
Article 4 
An inter-regional air service shall not be approved 
under the terms of this Directive unless the point of 
origin of the service is located in the home State of 
the air carrier. An inter-regional air service between 
two or more Member States other than an air carrier's 
home State shall however be approved in accordance 
with the provisions of this Directive where such a 
service constitutes an extension of a service to or from 
an air carrier's home State and where an indirect 
service between two category 1 airports is not estab­
lished.' 3. Article 4 is replaced by the following: 
Article 4 
An inter-regional air service shall not be approved 
under the terms of this Directive unless the point of 
origin of the service is located in the home State of 
the air carrier. An inter-regional air service between 
two or more Member States other than an air carrier's 
home State shall however be approved in accordance 
with the provisions of this Directive where such a 
service constitutes an extension of a service to or from 
the air carrier's home State.' 
No C 78/10 Official Journal of the European Communities 25. 3. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
4. In Article 5 (2) 'three years' is replaced by 'five years'. 
5. In Article 6, paragraphs 1 (c) and 2 are replaced by 
the following: 
'(c) the proposed tariffs do not need the requirements 
of Article 7. 4. Article 5 (2): 
unchanged 
5. Article 6, paragraphs 1(c) and 2: 
unchanged 
2. A State affected may impose as a condition of 
authorization that the applicant Community air 
carrier shall undertake to operate the service in 
question for 12 months, or for two seasons in the case 
of a purely seasonal service.' 
5 (a) Article 7 of the Directive is replaced by the 
following: 
'Article 7 
1. The home State and the State affected shall 
approve the tariffs charged by an air carrier on a 
given inter-regional air service without outside 
subsidy on the basis that they: 
(a) are in reasonable proportion to the costs of 
the air carrier's operations for that service 
without direct or indirect state aid, while 
permitting a satisfactory return on capital; and 
(b) do not have the character of dumping. 
2. When the home State or the State affected 
(the first State) decides, in conformity with the 
first paragraph, not to approve a tariff, it shall 
inform the other State (the second State) in 
writing within 21 days of the tariff being filed, 
stating its reasons. 
If the second State disagrees with the decision of 
the first State, the arbitration procedure laid down 
in Article 7 paragraphs 2 to 9 of Directive 
87/601/EEC of 14 December 1987 on fares for 
scheduled air services between Member States (x) 
shall apply.' 
O OJ No L 374, 31. 12. 1987, p. 12. 
6. Article 9 is replaced by the following: 
'Article 9 
1. The provisions of this Directive shall not 
prejudice the laws and regulations of the Member 
States, applicable either nationally, regionally or 
locally, concerning the protection of the environment 
or social conditions, nor matters related to the 
location, operation or safety of airports or their 
facilities. Such laws and regulations shall not, 
however, discriminate against inter-regional air 
services. 6. Article 9: 
unchanged 
25. 3. 88 Official Journal of the European Communities No C 78/11 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
2. The home State shall ensure and regularly verify 
that an air carrier operating a service under this 
Directive is economically and technically fit and shall 
refuse or withdraw the authorization if it is dissat­
isfied with the results of this verification. 
3. Member States shall without delay inform the 
Commission of incidents and accidents involving 
aircraft operating a service authorized under this 
Directive in a form corresponding to that of the 
accident/incident data reporting form drawn up by 
the International Civil Aviation Organization. The 
Commission shall include information in this respect 
in its annual report pursuant to Article 12.' 
7. In Article 13, '1986' is replaced by '1989'. 
8. Annex A is replaced by the Annex to this Directive 7. Article 13: 
unchanged 
8. Annex: 
unchanged 
Article 2 
1. The Member States shall, after consultation with 
the Commission, take the necessary steps to amend their 
laws, regulations and administrative provisions to bring 
them into conformity with this Directive not later than 
1 January 1987. 
2. Member States shall communicate to the 
Commission all laws and administrative provisions made 
in furtherance of this Directive. Article 2 
1. The Member States shall, after consultation with 
the Commission, take the necessary steps to amend their 
laws, regulations and administrative provisions to bring 
them into conformity with this Directive not later than 
1 July 1988. 
2. unchanged 
Article 3 
This Directive is addressed to the Member States. unchanged Article 3