EN Official Journal of the European Union C 299/9

Procedure for the granting of traffic rights in the Grand Duchy of Luxembourg

2009/C 299/05

In accordance with Article 6 of Regulation (EC) No 847/2004 of the European Parliament and of the Council on the negotiation and implementation of air service agreements between Member States and third countries, the following national procedure is hereby established to share Luxembourg traffic rights between eligible Community air carriers.

Having regard to the amended law of 31 January 1948 on air navigation regulation,

Having regard to the amended law of 19 May 1999 which seeks to:

(a) regulate access to the groundhandling services market at Luxembourg airport;

(b) create a regulatory framework for civil aviation security; and

(c) establish a Civil Aviation Directorate.

In accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council, any air carrier based in Luxembourg with a valid operating licence granted by a Community Member State can apply for the granting of traffic rights for the operation of flights between Luxembourg and third countries.

Decisions regarding the granting of traffic rights for flights between Luxembourg and third countries are the responsibility of the Directorate for Civil Aviation (DCA), which shall reach its decision on the granting of such rights to air carriers on the basis of a written application.

Applications for the granting of traffic rights are to be submitted in English or in French to the following address:

Direction de l’Aviation Civile B.P. 283 2012 Luxembourg LUXEMBOURG

(i) Granting of traffic rights under bilateral agreements with third countries which do not contain restrictions concerning traffic rights, in particular where the number of designated air carriers, frequency or capacity is concerned.

Requests for traffic rights submitted to the DCA by qualified air carriers with a view to exercising the available traffic rights will be approved as long as there are no restrictions in terms of traffic rights, in particular where the number of designated air carriers, frequency or capacity is concerned in the context of the bilateral agreement with the relevant country.

(ii) Granting of traffic rights under bilateral agreements with third countries in the event of restrictions concerning traffic rights, in particular where the number of designated air carriers, frequency or capacity is concerned.

The granting of restricted traffic rights in the context of bilateral agreements with third countries will be carried out in accordance with the provisions of Regulation (EC) No 847/2004 on the negotiation and implementation of air service agreements between Member States and third countries.

When deciding whether or not to grant traffic rights, the DCA shall consider the following factors:

(a) the type and level of air services offered;

(b) the frequency and capacity proposed;

(c) the proposed start date and period of operation;

(d) maximisation of benefits for consumers through the provision of low fare, efficient and competitive air services;

(e) the fare structure offered;

(f) maintenance of the continuity of air services;

(g) integration, where appropriate, of the proposed services into an existing network;

(h) impact on the environment;

(i) efficient use of available traffic rights;

(j) economic profitability of the proposed air services;

(k) efficient development of air transport, commerce and tourism in Luxembourg and in the European Community.

The DCA shall publish initial applications, including all non-confidential and relevant details, on its website. Other air carriers may submit applications for the granting of traffic rights for the same route within a period of 21 days following the publication of information on the first application. These applications shall be published under the same conditions as the first application. Applications received after the expiry of this period will not be considered.

The DCA will draw up a draft decision on applications for traffic rights within a period of 60 days following the initial application. The DCA will publish a draft decision on its Internet site, including the reasons for the decision, and will communicate the decision in writing to all air carriers which applied for the traffic rights concerned. Within a period of 15 days following the publication of the draft decision, any air carrier which was involved in the application procedure can request a review of the draft decision and supply additional information or documents in support of its application. No later than 30 days following the publication of the draft decision, the DCA will make its final decision on the application for traffic rights, which will be published on its website and will be sent in writing to all air carriers concerned.

A decision to grant traffic rights shall be valid for a period of seven years.

An air carrier which is granted traffic rights by the DCA cannot cede these rights to another carrier.

Where the traffic rights granted by the DCA to an air carrier are not made available or are withdrawn by the competent services of the third country concerned, the air carrier in question must immediately inform the DCA in writing.

The DCA shall supervise the use of the traffic rights granted and ensure that the air carriers concerned use these rights in accordance with the conditions specified in the allocation decision and in all relevant provisions.

The DCA can withdraw the traffic rights granted to an air carrier if:

(a) the air carrier does not commence operations on the specified route within six months following the date on which the decision to grant traffic rights acquires legal force;

(b) the air carrier does not make use of the granted traffic rights for a consecutive 12-month period;

(c) the competent authority of the State where the air carrier is established withdraws the operating licence;

(d) an air carrier violates the conditions specified in the decision to grant traffic rights;

(e) an air carrier violates the conditions of the aviation agreement on which the granting of traffic rights is based or other international obligations;

(f) the air carrier does not comply with the conditions necessary to carry out air transport or the provisions applying to this activity;

(g) a review by the DCA following a challenge by a competitor not less than three years from the decision to grant rights, shows that the air carrier is not making effective use of their traffic rights granted.

In the event of such withdrawal by the DCA of traffic rights granted to an air carrier, these rights will be subject to a new granting procedure.

Restricted traffic rights granted to an air carrier prior to the entry into force of the current regulation will be subject to a fresh granting procedure after a transitional period of three years following the entry into force of the current regulation.

An application for traffic rights submitted by an air carrier must contain the following information:

— a description of the services for which the traffic rights have been requested,

— the duration and type of the operation (carriage of passengers or goods, etc.),

— a description of the proposed air services (number of flights per week, potential stopovers, regularity of services — annual or seasonal, etc.),

— aircraft type and configuration,

— scheduled date of start-up of operation,

— fare structure to be offered,

— description of the types of service to be offered for sale,

— connections, where appropriate, with the carrier's existing route network or links with other carriers' networks.

The following documents must accompany the application from the air carrier:

— a copy of the operating licence in accordance with relevant Community legislation,

— air operator's certificate, including the operating specification with the corresponding geographical specification covering the requested traffic rights,

— certificate of civil liability for damage caused to third parties,

— security programme.

The DCA will publish an inventory of all available traffic rights, as well as a provisional timetable of bilateral negotiations planned with third countries, on its Internet site.