EN Official Journal of the European Union C 321/4

Imposition of a public service obligation pursuant to Council Regulation (EEC) No 2408/92 for scheduled air services in Germany

(2004/C 321/04)

(Text with EEA relevance)

1. The Government of the Federal Republic of Germany has decided to revise as follows the public service obligation in respect of scheduled air services on the Hof — Frankfurt am Main route, which was imposed 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 as last published in Official Journal of the European Community C 113/10 of 18 April 2001.

2. The public service obligation is as follows:

2.1 Routing

Scheduled air services on the Hof — Frankfurt am Main route.

2.2 Minimum frequency

There must be at least three flights in each direction every day from Monday to Friday with the possibility of connection with onward flights on routes from Frankfurt am Main. This requirement applies all year round. A reduced service is possible between Christmas and New Year.

2.3 Seating capacity

At least 540 seats per week (36 seats per flight, 3 flights per day, 5 days per week) on the Hof — Frankfurt am Main route. These requirements apply all year round.

2.4 Flight times

The flights are to be operated, without a stopover, between 06.00 out of Hof and 22.30 into Hof.

The following slots (flight plan times for February 2004, arrival and departure respectively) are reserved at Frankfurt am Main:

— into Frankfurt 07.00 (Fri), 07.10 (Mon-Thu), 11.05 (Mon-Fri), 19.50 (Mon-Fri)

— out of Frankfurt 07.45 (Wed-Fri), 08.15 (Tue), 08.25 (Mon), 17.20 (Mon-Fri), 20.35 (Tue-Fri), 20.55 (Mon, Wed), 21.00 (Thu)

2.5 Type of aircraft

The services must be operated using pressurised aircraft with a minimum capacity of 36 seats.

Airlines are referred to the technical and operational conditions for Hof Airport (cf. civil aviation handbook for the Federal Republic of Germany).

2.6 Fares

The main basic fare for a single flight between Hof and Frankfurt am Main may not exceed the main basic fare for a single flight between Nuremberg and Frankfurt am Main by more than 5 %. In January 2004 the main basic fare, including VAT but excluding airport charges, for a single flight between Nuremberg and Frankfurt am Main was EUR 196.

Interline agreements based on IATA rules granting through fares must be observed.

2.7 Bookings

Flights must be marketed by means of at least one computerised reservation system.

2.8 Continuity of service

The number of flights cancelled for reasons that can be directly attributed to the air carrier may not exceed 2 % of the estimated annual number of flights.

3. Invitation to tender

Community air carriers are informed that the operation of the scheduled air service will be put out to tender and that contracts are to be awarded with effect from 1 April 2005. An appropriate invitation to tender pursuant to Article 4(1)(d) of Regulation (EEC) No 2408/92 will shortly be published in the Official Journal of the European Union.

Further details can be obtained from:

Bayerisches Staatsministerium für Wirtschaft, Verkehr und Technologie D-80525 Munich Tel. 089/2162-2392 or 2162-2350 Fax: 089/2162-2588

4. These public service obligations replace those obligations contained in the Commission communication which were published in Official Journal of the European Communities C 113/10 of 18 April 2001.