EN Official Journal of the European Union C 149/7

Amendment by France of public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Marseille and Nice

(2005/C 149/05)

(Text with EEA relevance)

1. Pursuant to the decision of the Corsican regional authorities of 31 March 2005, France has decided to amend, from 30 October 2005, the public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari on the one hand and Marseille and Nice on the other, as published in the Official Journal of the European Communities C 9 of 15 January 2003, pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes.

2. The amended public service obligations take account of Corsica's island status and are as follows:

2.1. Minimum frequency, timetables, type of aircraft used and capacity provided

(a) Between Marseille and Ajaccio

— Frequency (i) At least three round trips per day Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip the same day and spend at least 8 hours at Ajaccio or 11 hours at Marseille, and one in the middle of the day. (ii) At least three round trips per day, evenly spread throughout the day, on Saturdays and Sundays.

— The services must be non-stop between Ajaccio and Marseille.

— The capacity provided must satisfy the following conditions. (i) From Monday to Friday at least 135 seats must be provided in each direction, morning and evening. (ii) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — throughout the year, a basic capacity of 5 000 seats per week, including 700 seats per day on Saturdays and Sundays, — to this basic capacity should be added: — 2 500 seats per week during a ten-week period from late June to early September, — 1 500 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above). (iii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 6 000 seats to be allocated to peaks during the IATA winter scheduling season, — 6 000 seats during a ten-week period from late June to early September, — 6 000 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(b) Between Marseille and Bastia

— Frequency (i) At least three round trips per day Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip the same day and spend at least 8 hours at Bastia or 11 hours at Marseille, and one in the middle of the day. (ii) At least three round trips per day, evenly spread throughout the day, on Saturdays and Sundays.

— The services must be non-stop between Bastia and Marseille.

— The capacity provided must satisfy the following conditions. (i) From Monday to Friday at least 135 seats must be provided in each direction, morning and evening. (ii) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — throughout the year, a basic capacity of 5 000 seats per week, including 700 seats per day on Saturdays and Sundays; — to this basic capacity should be added: — 2 500 seats per week during a ten-week period from late June to early September, — 1 500 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above). (iii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 6 000 seats to be allocated to peaks during the IATA winter scheduling season, — 6 000 seats during a ten-week period from late June to early September, — 6 000 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(c) Between Marseille and Calvi

— Frequency (i) At least one round trip per day during the IATA winter scheduling season, with a minimum stay of between 7 and 10 hours at Marseille from Monday to Friday, excluding public holidays, depending on the opening hours of Calvi airport. (ii) At least two round trips per day on Saturdays, Sundays and public holidays. (iii) At least two round trips per day during the IATA summer scheduling season, with a minimum stay of between 7 and 10 hours at Marseille from Monday to Friday, excluding public holidays, depending on the opening hours of Calvi airport.

— The services must be non-stop between Marseille and Calvi.

— The capacity provided must satisfy the following conditions. (i) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 900 seats per week throughout the year, increased to 1 400 seats per week during the IATA summer scheduling season, — 500 seats per week should be added to this basic capacity during the ten-week period from late June to early September. (ii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 000 seats to be allocated to peaks during the IATA winter scheduling season, — 3 800 seats during a ten-week period from late June to early September, — 5 200 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(d) Between Marseille and Figari

— Frequency (i) At least two round trips per day Monday to Friday, except on public holidays, morning and evening, to enable customers to make a return trip the same day and spend between 10 and 13 hours in Marseille and at least 7 hours in Figari. (ii) At least two round trips per day on Saturdays, Sundays and public holidays.

— The services must be non-stop between Marseille and Figari.

— The capacity provided must satisfy the following conditions. (i) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 1 400 seats per week throughout the year, increased to 1 600 seats per week during the IATA summer scheduling season, — 1 200 seats per week should be added to this basic capacity during the ten-week period from late June to early September. (ii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 000 seats to be allocated to peaks during the IATA winter scheduling season, — 3 800 seats during a ten-week period from late June to early September, — 5 200 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(e) Between Nice and Ajaccio

— Frequency (i) At least three round trips per day Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip the same day and spend at least 8 hours at Ajaccio or 11 hours at Nice, and one in the middle of the day. (ii) At least six round trips in total spread over Saturday and Sunday.

— The services must be non-stop between Ajaccio and Nice.

— The capacity provided must satisfy the following conditions. (i) From Monday to Friday at least 60 seats must be provided in each direction, morning and evening. (ii) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 2 500 seats per week throughout the year, — to this basic capacity should be added: — 900 seats per week during a ten-week period from late June to early September, — 400 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above). (iii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 500 seats to be allocated to peaks during the IATA winter scheduling season, — 4 000 seats during a ten-week period from late June to early September, — 3 000 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(f) Between Nice and Bastia

— Frequency (i) At least three round trips per day Monday to Friday, except on public holidays; morning and evening, to enable customers to make a return trip the same day and spend at least 8 hours at Bastia or 11 hours at Nice, and one in the middle of the day. (ii) At least six round trips in total spread over Saturday and Sunday.

— The services must be non-stop between Bastia and Nice.

— The capacity provided must satisfy the following conditions. (i) From Monday to Friday at least 60 seats must be provided in each direction, morning and evening. (ii) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 2 500 seats per week throughout the year, — to this basic capacity should be added: — 500 seats per week during a ten-week period from late June to early September, — 250 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above). (iii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 500 seats to be allocated to peaks during the IATA winter scheduling season, — 3 000 seats during a ten-week period from late June to early September, — 3 000 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(g) Between Nice and Calvi

— Frequency: at least one round trip per day.

— The services must be non-stop between Nice and Calvi.

— The capacity provided must satisfy the following conditions. (i) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 550 seats per week throughout the year, — to this basic capacity should be added: — 1 300 seats per week during a ten-week period from late June to early September, — 350 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above). (ii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 000 seats to be allocated to peaks during the IATA winter scheduling season, — 1 500 seats during a ten-week period from late June to early September, — 2 200 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(h) Between Nice and Figari

— Frequency: at least one round trip per day.

— The services must be non-stop between Nice and Figari.

— The capacity provided must satisfy the following conditions. (i) The following minimum weekly capacities must be provided and indicated in the published timetables (combined capacity for both directions): — a basic capacity of 550 seats per week throughout the year, — to this basic capacity should be added: — 1 300 seats per week during a ten-week period from late June to early September, — 350 seats per week during the IATA summer scheduling season (excluding the ten-week period referred to above). (ii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board: — 1 000 seats to be allocated to peaks during the IATA winter scheduling season, — 2 500 seats during a ten-week period from late June to early September, — 2 200 seats to be allocated to peaks during the IATA summer scheduling season (excluding the ten-week period referred to above). These minimum additional capacities must be offered for sale at least two months before the dates of the flights concerned.

2.2. Fares

The following fares exclude distribution costs and per capita taxes and duties charged by the State, local authorities and airport authorities, and identified as such on the air ticket.

— The normal single fare on Marseille-Corsica routes must be no more than EUR 102, and no more than EUR 107 during the ten-week period from late June to early September; on Nice-Corsica routes, it must be no more than EUR 99, and no more than EUR 104 during the ten-week period from late June to early September.

— Passengers whose principal place of residence is in Corsica and who use tickets purchased in Corsica, the validity of which is restricted to a stay outside the island of less than 40 days, in order to make a round trip starting from Corsica, other than resident students under 27 years of age, must be entitled to a fare of EUR 42 per leg on Marseille-Corsica routes and a fare of EUR 39 per leg on Nice-Corsica routes all year round on all flights, without capacity restriction.

— The following categories of passengers must be entitled to a fare of EUR 45 per leg, increased to EUR 50 per leg during the ten-week period from late June to early September, on Marseille-Corsica routes, and to a fare of EUR 42 per leg, increased to EUR 47 per leg during the ten-week period from late June to early September, on Nice-Corsica routes: (i) young persons (under 25 years of age); (ii) senior citizens (aged 60 years or over); (iii) students under 27 years of age; (iv) families (at least two members of the same family travelling together); (v) disabled persons. In respect of at least 50 % of daily capacity in each direction on each route, carriers must authorise the sale of tickets at the above fares to the above categories of passenger without any restriction whatsoever until the last seat available has been sold. For the above categories of passenger, and for residents of Corsica, carriers may require tickets to be issued and paid for by a deadline proportional to the period of advance reservation, in accordance with a table drawn up for that purpose.

If an abnormal and unforeseeable increase in the cost factors affecting the operation of the routes takes place for which the carriers are not responsible, these maximum fares may be raised in proportion to the increase. The new maximum fares will be notified to the carriers operating the services and will apply within an appropriate period. They will also be communicated forthwith to the European Commission for publication in the Official Journal of the European Union.

2.3. Continuity of service

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 1 % of the number of flights, other than additional flights, scheduled in any IATA scheduling season.

In accordance with Article 4(1)(c) of Regulation (EEC) No 2408/92, any carrier intending to operate any of these routes must undertake to do so for at least twelve consecutive months.

The carrier may discontinue these services only on the first day of an IATA winter scheduling season, and only after giving at least six months' advance notice.

Community carriers should be aware that operation of these routes without complying with the public service obligations mentioned above may, in addition to incurring the stipulated administrative and/or legal penalties, lead to their being banned from taking part in any tender procedures organised by the Corsican regional authorities for a period of at least 5 years.