24.9.86 Official Journal of the European Communities No C 240/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending for the second time 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(86) 424 final 
(Submitted by the Commission to the Council on 19 August 1986) 
(86/C 240/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 84 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Directive 83/416/EEC ('), as amended 
by Directive .../.. ./EEC, establishes a Community 
procedure for authorizing scheduled inter-regional air 
services between Member States; 
Whereas this represents a significant step towards the 
completion of the internal market; 
Whereas the system set up by the Directive is of an 
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; 
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; 
Whereas it is particularly important to encourage the 
development of services between regional airports and 
major airports so that the Community network can 
grow; 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; 
Whereas common rules should promote the development 
of direct services between the various regions in the 
Community rather than indirect services; 
Whereas a direct service between two airports should not 
be rejected when an air service between neighbouring 
airports exists; 
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; 
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; 
Whereas States affected should be empowered to ensure 
a certain stability in inter-regional air services; 
Whereas airlines should be allowed to operate inter­
regional air services only if government controls of 
economic and technical fitness are adequate; 
Whereas Directive 83/416/EEC should be amended 
accordingly, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 83/416/EEC is hereby amended as follows: 
1. In Article 1: 
(i) point (a) is deleted; 
O OJ No L 237, 26. 8. 1983, p. 19. (ii) point (c) is replaced by the following: 
No C 240/8 Official Journal of the European Communities 24. 9. 86 
'(c) between airports in the Community of 
category 2 and 2 or of category 2 and 1 
which are open to international 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.' 
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 
established.' 
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 meet the requirements 
of Article 7. 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.' 
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. 
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 autorization if it is dissatisfied 
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. 
Article 2 
1. The Member States shall, after consultation of 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 3 
This Directive is addressed to the Member States. 
24. 9. 86 Official Journal of the European Communities No C 240/9 
'ANNEX A 
Annex 
Classification of airports open to scheduled international traffic 
Member State 
BELGIUM 
DENMARK 
GERMANY 
SPAIN 
GREECE 
FRANCE 
IRELAND 
ITALY 
NETHERLANDS 
PORTUGAL 
UNITED KINGDOM 
All other airports open to scheduled inte Airport 
Bruxelles/Brussel-Zaventem 
Kebenhavn-Kastrup/Roskilde 
Frankfurt/Rhein-Main 
Dusseldorf-Lohausen 
Munchen-Riem 
Palma de Mallorca 
Madrid/Barajas 
Malaga 
Las Palmas 
Athina-Hellinikon 
Thessaloniki-Micra 
Paris-Charles de Gaulle/Orly 
Dublin 
Roma-Fiumicino/Ciampino 
Milano-Linate/Malpensa 
Amsterdam- Schiphol 
Lisboa 
Faro 
London-Heathrow/Gatwick/Stansted 
Luton 
rnational traffic Airport Category 
2'