EN Official Journal of the European Union C 313/9

Czech national procedure for the allocation of limited air traffic rights

(Text with EEA relevance)

(2006/C 313/04)

In accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of air service agreements between Member States and third countries, the European Commission publishes the following national procedure for the distribution among eligible Community carriers of air traffic rights where they are limited under air service agreements with third countries.

Procedure for the granting of traffic rights to Community air carriers in relation to third countries

In the Czech Republic, decision-making on the granting of traffic rights falls within the exclusive competence of the Ministry of Transport. The Civil Aviation Division proceeds in accordance with the general rules governing administrative procedures (in particular Act No 500/2004 Coll., the Administrative Code), subject to specific derogations laid down in Act No 49/1997 Coll. on civil aviation and amending Act No 455/1991 Coll. on trade licensing (Trade Licensing Act), as amended (cf. Sections 70a — 70d).

The Ministry of Transport takes decisions on the granting of traffic rights to air carriers on the basis of written applications. Applications for the granting of traffic rights are to be submitted, in Czech or in English, to the following address:

Ministry of Transport tel.: +420 972 231 390 Nábřeží Ludvíka Svobody 12/1222 fax: +420 972 231 032 P.O. Box 9 CZ-110 15 Prague 1

‘Section 70a Granting of traffic rights (1) The Ministry of Transport shall take decisions on the granting of traffic rights to air carriers on the basis of written applications. (2) The requirements of applications for the granting of traffic rights and the list of documents to be submitted in support of an application shall be specified in implementing provisions. Section 70b (1) The Ministry of Transport shall publish information concerning the receipt of the first application for the granting of traffic rights on its official notice board, and at the same time in a manner which allows remote access, within seven days following receipt of the application. Other air carriers may submit an application for the granting of traffic rights for the same route(s) within a period of 21 days following the publication of information on the first application. Applications submitted later than this shall not be taken into consideration. Information on the receipt of applications from other air carriers shall be published by the Ministry of Transport on its official notice board, and at the same time in a manner which allows remote access, within seven days following receipt of such applications. (2) The Ministry of Transport shall take a decision on the basis of a joint procedure covering all the applications submitted in accordance with paragraph 1. (3) In procedures for the granting of traffic rights, access to files shall be allowed only after the deadline for the submission of applications specified in paragraph 1 has expired. Section 70c (1) When taking decisions on the granting of traffic rights, the Ministry of Transport shall take into consideration: (a) the type and level of air services offered, (b) the frequency of the air services offered and the capacity offered, (c) the proposed start date and period of operation, (d) the accessibility to users of the services offered, (e) the fare structure offered, (f) transport service provision, including integration into, and connections with, the existing route network. (2) The Ministry of Transport shall take a decision on applications for the granting of traffic rights within a period of 60 days following receipt of the first application. (3) A decision to grant traffic rights shall be valid for a period of 10 years. (4) The Ministry of Transport shall publish decisions on the granting of traffic rights on its official notice board and, at the same time, in a manner which allows remote access. (5) Traffic rights which have been granted shall not be ceded by an air carrier to another person. (6) If the competent authority of a foreign State does not grant to the air carrier concerned an operating authorisation for the provision of transport services on the specified route, or revokes such authorisation, the air carrier shall notify the Ministry of Transport thereof in writing without delay. Section 70d Revocation of traffic rights The Ministry of Transport shall revoke traffic rights it has granted 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 period exceeding 12 consecutive calendar months, (c) the competent authority of a foreign State does not grant the relevant operating authorisation to the air carrier, or revokes such authorisation, (d) the air carrier violates the conditions laid down in the decision to grant traffic rights’.

Text of implementing provisions Section 70a(2) of Act No 49/1997 Coll. on civil aviation, as amended, laying down formal requirements for applications for the granting of traffic rights (new Section 18a of Ministry of Transport Decree No 108/1997 Coll., as amended)

36. The following new Section 18a, including the title and footnote 11d, is inserted after Section 18: ‘18a Formal requirements for applications for the granting of traffic rights and documents to be appended to such applications (re. Section 70a(2) of the Act) (1) An application for the granting of traffic rights shall include: — the information specified in the relevant specific legislation (1), — description of the services to be offered, including the period and type of operation, — proposed timetable, including restrictions on traffic rights, — aircraft type and configuration, — anticipated start-up date, — fare structure to be offered, — expected profitability of the operations, — description of forms in which services are to be offered, including ticketing, — connections with the carrier's existing route network and links to other carriers' networks. Applicants are to append to the following to their applications: — operating licence for commercial air transport, in accordance with the directly applicable EC legislation (2), — air operator's certificate, including the operating specification with the corresponding geographical specification covering the requested traffic rights, — proof of liability insurance in respect of damage caused by the operation of an aircraft, in relation to passengers, baggage, cargo and third persons, — security programme

(1) Section 45 of Act No 500/2004 Coll., Administrative Code.

(2) Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers’.