EN Official Journal of the European Union C 228/13

Imposition of a public service obligation in respect of scheduled air services within Italy

(Text with EEA relevance)

(2007/C 228/04)

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 (1), the Italian Government, in accordance with the decisions taken at the interdepartmental conference chaired by the Region of Piedmont, has decided to impose public service obligations in respect of scheduled air services on the following route:

1. Routes concerned

Cuneo Levaldigi-Rome Fiumicino and vice versa.

1.1. Under Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (2), as amended by Regulation (EC) No 793/2004 of the European Parliament and of the Council (3), the competent authorities may reserve certain slots for the operation of services under the terms specified in this notice.

1.2. ENAC will verify whether the accepting carriers possess the requisite structure and meet the minimum requirements for access to the service in order to meet the objectives pursued by the imposition of the public service obligation.

2. Details of the public service obligation

2.1. Minimum frequencies

(a) Cuneo Levaldigi-Rome Fiumicino and vice versa. The minimum frequency on the above route is as follows: — at least one flight per day in each direction from Mondays to Fridays, throughout the year, using an aircraft with a seating capacity of at least 44, — at least one flight departing on a Saturday morning and one flight returning on a Sunday evening, throughout the year, using an aircraft with a seating capacity of at least 44.

The whole capacity of each aircraft must be made available for sale under the public service obligation terms.

2.2. Timetables

For the Cuneo Levaldigi-Rome Fiumicino route from Mondays to Saturdays the timetable must provide for at least one flight departing during the slot 6.45-7.45.

For the Rome Fiumicino-Cuneo Levaldigi route from Mondays to Fridays the timetable must provide for at least one flight departing during the slot 19.00-20.30.

For the Rome Fiumicino-Cuneo Levaldigi route on Sundays the timetable must provide for at least one flight departing during the slot 19.00-20.30.

2.3. Aircraft used and capacity offered

The service from Cuneo Levaldigi to Rome Fiumicino and vice versa must be operated with a pressurised twin-turboprop or twin-jet aircraft having a seating capacity of at least 44.

If the market so requires, extra capacity must be provided through supplementary flights, which will not give rise to extra compensation or result in the application of fares different from those specified at 2.4 below.

The carrier which accepts the public service obligation must, subject to safety considerations which may justify denied boarding, make every effort to facilitate the carriage, on the aircraft used, of passengers with disabilities and passengers with reduced mobility.

2.4. Fares

(a) The maximum fares to be charged on each route are as follows: Cuneo Levaldigi-Rome Fiumicino: EUR 90 Rome Fiumicino-Cuneo Levaldigi: EUR 90 The above fares exclude VAT and are net of airport taxes and charges; no form of surcharge may be levied. At least one form of ticket distribution and sale must be provided which is entirely free of charge and places no additional economic burden on passengers. All passengers who travel on the routes subject to this public service obligation will be entitled to the above fares.

(b) Every year the competent authorities will adjust the maximum fares in line with the rate of inflation of the previous year calculated on the basis of the ISTAT/FOI general consumer price index. Adjustments will be notified to all carriers operating the routes in question and to the European Commission for publication in the Official Journal of the European Union.

(c) To mitigate the consequences of unusual variations in the price of fuel, every six months the amount will be calculated (Sp), whether positive or negative, to be added to or subtracted from the fare for the route: where : Sp = fare adjustment for the route (to the nearest unit) K = average Euro/dollar exchange rate over the six-month period B = average price per barrel of oil (Brent Dated) over the six-month period T = fare for the route in question

Six-monthly fare adjustments will be made, where appropriate, by the Minister for Transport in agreement with the President of the Region of Piedmont, on the basis of an examination carried out by a joint technical committee composed of one representative appointed by ENAC and one representative appointed by the Region of Piedmont. In the event of an increase, the joint technical committee will initiate the procedure for deciding on an adjustment upon receiving notice from the carriers operating the routes concerned. In the event of a decrease, the procedure will be initiated automatically. During the abovementioned examination procedure, the carriers operating the route concerned must be given an opportunity to comment. Any adjustment to fares will take effect as from the six-month period following that in which it is decided.

Adjustments will be notified to all carriers operating the routes and to the European Commission for publication in the Official Journal of the European Union.

2.5. Continuity of service

For the purpose of guaranteeing the correct performance and continuity of the service, the carriers which accept the public service obligation must:

— guarantee the service for at least 12 consecutive months, and must not suspend it without at least six months' notice,

— ensure that their conduct vis-à-vis users conforms to the principles set out in the Charter of Passengers' Rights, so as to comply with the relevant national, Community and international regulations,

— provide a performance security for the purpose of guaranteeing the correct performance and continuation of the service. This must take the form of an insurance bond or bank security of EUR 500 000 to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure the continuation of the public service obligation arrangements,

— carry out at least 98 % of the flights scheduled in any year, with the number of cancellations for reasons directly attributable to the carrier, excluding cases of force majeure, limited to a maximum of 2 %,

— pay the regulatory body a penalty of EUR 3 000 for every flight cancelled in excess of the 2 % limit. The sums paid under this provision will be reallocated to territorial continuity on the route Cuneo Levaldigi-Rome Fiumicino and vice versa.

The penalties under this section may be combined with those under Legislative Decree No 69 of 27 January 2006 laying down provisions governing penalties for contravening Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

This public service obligation replaces the obligation published in Official Journal of the European Union C 213 of 5 September 2006.

(1) OJ L 240, 24.8.1992, p. 8.

(2) OJ L 14, 22.1.1993, p. 1.

(3) OJ L 138, 30.4.2004, p. 50.