Communication from the Commission pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Revision by Ireland of public service obligation in respect of scheduled air services between Dublin and Kerry

(2002/C 66/04)

(Text with EEA relevance)

1. Ireland has decided to revise the public service obligation published in the Official Journal of the European Communities C 265 of 15 September 2000 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, in respect of scheduled air services with effect from 22 July 2002 on the Dublin-Kerry-Dublin route.

2. The public service obligation is as follows

2.1. Minimum frequency and seating capacity

(a) The services must be operated at a rate of at least 21 return flights per week subject to:

(i) the services must be operated at the rate of at least three return flights per day, Monday to Friday inclusive, and at least five return flights spread evenly over the two days of each weekend (Saturday/Sunday);

(ii) one additional return flight must be operated during the weekday period, Monday to Friday inclusive, which in conjunction with (i) above, brings the total required minimum number of return flights to 21 per week. The details regarding the timing of this additional flight shall be agreed between the carrier and the Department of Public Enterprise, Airports Division, 44 Kildare Street, Dublin 2.

(b) A minimum of 1050 seats per week to and from Kerry/Dublin (i.e. a minimum of 2100 seats in both direction) must be provided subject to:

(i) a minimum of 150 seats each way to and from Kerry/Dublin (i.e. a minimum of 300 seats in both directions) must be provided each day, Monday to Friday inclusive;

(ii) on weekends, i.e. Saturday and Sunday inclusive, the minimum number of seats to be provided shall be 250 each way to and from Kerry/Dublin spread evenly over the two days (i.e. a minimum of 500 seats in both directions spread evenly over the two days).

The above requirements apply throughout each year.

2.2. Type of aircraft used

(a) The services must be operated by pressurised aircraft with a minimum capacity of 30 passenger seats.

(b) Carriers' attention is drawn to technical and operative conditions applying at the airports. For further information please contact Airports Division, Department of Public Enterprise, 44 Kildare Street, Dublin 2, Mr Ken Gorman, tel. (353-1) 604 16 18, fax (353-1) 604 16 81, e-mail: kengorman@dpe.ie.

2.3. Timetables

For six days each week, i.e. Monday to Saturday inclusive, the flight schedules must include an early morning flight from Kerry to Dublin and a late evening flight from Dublin to Kerry to enable passengers, including passengers on business trips, to make a round trip within the day. This requirement applies throughout each year.

2.4. Fares

(a) A range of fares may be applied subject to:

(i) a maximum return fare of EUR 123 in respect of a maximum of 40 % of seat capacity per day each way to and from Kerry/Dublin;

(ii) at least 40 % of seat capacity per day each way to and from Kerry/Dublin being available at a return fare of EUR 110 or lower;

(iii) no fare restriction shall apply to the balance of the minimum daily seat requirements on the route.

(b) The PSO carrier must enter into interline arrangements concerning the PSO route with at least two carriers operating services out of Dublin Airport to UK and continental destinations. The agreements governing such interline arrangements should be on the same or equivalent terms and conditions and should follow, with regard to fares on the route, the pro rata system in accordance with international rules. The PSO carrier must also enter into interlining arrangements with any other interested air carrier operating services out of Dublin Airport on the same or equivalent terms and conditions.

(c) The fares referred to at (a)(i) and (ii) above may be increased once each year with the prior consent of the Minister for Public Enterprise if an abnormal and unforeseeable increase in the cost factors affecting the operation of the routes takes place for which the carrier is not responsible. The new fare(s) will be notified to the carrier operating the service and will not enter into force prior to its notification to the European Commission and publication of the Official Journal of the European Communities.

2.5. Marketing of flights

Flights must be marketed using at least one computerised reservation system.

2.6. Continuity of services

(a) Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the required minimum number of flights on an annual basis.

(b) The carrier must give at lease six months' notice before discontinuing services.