Amendment by France of public service obligations in respect of scheduled air services within France

(2001/C 254/04)

(Text with EEA relevance)

1. France has decided to alter the public service obligations in respect of scheduled air services between Cayenne and Maripasoula, Cayenne and Saint-Georges de l'Oyapock and Cayenne and Saül published in notice 96/C 221/06 in the Official Journal of the European Communities C 221 of 30 July 1996 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.

2. The altered public service obligations are as follows:

2.1. Minimum frequency

The services must be operated at a rate of at least one return trip every day for each of the three routes.

2.2. Capacity provided

For each of the three routes, a minimum capacity must be provided to meet demand. Minimum capacity provided must never be less than:

(a) between Cayenne and Maripasoula:

- 26900 passenger seats annually,

- 8000 passenger seats for the period July-August-September,

- 2800 passenger seats for the month of December,

- 367 tonnes of freight annually;

(b) between Cayenne and Saül:

- 7800 passenger seats annually,

- 2000 passenger seats for the period July-August-September,

- 800 passenger seats for the month of December,

- 137 tonnes of freight annually;

(c) between Cayenne and Saint-Georges de l'Oyapock:

- 41800 passenger seats annually,

- 9800 passenger seats for the period July-August,

- 3200 passenger seats for the month of December,

- 177 tonnes of freight annually.

The above capacity figures comprise the total number of passenger seats available in both directions for passengers while freight figures only apply to freight out of Cayenne; the above freight capacity figures do not include accompanied luggage. In the event of a fall-off in demand making the minimum capacity figures excessive, France may review and reduce them. The new figures will come into force following publication of the changes in the Official Journal of the European Communities.

Capacity on the route between Cayenne and Saint-Georges de l'Oyapock will be cut by 10 % as of the date when National Road No 2 to Saint Georges is opened, and by a further 20 % when the Approuague bridge comes into operation.

2.3. Fares

A "basic" fare and a "reduced" fare must be offered on all flights with no capacity restriction. The "reduced tariff" applies to passengers holding a full residence permit proving residence of at least six months and one day per year in the municipality (Maripasoula, Saül or Saint-Georges de l'Oyapock) to and/or from which they are requesting the reduction.

These fares must not exceed:

(a) between Cayenne and Maripasoula:

- "basic" fare for a single ticket EUR 51,

- "reduced" fare for a single ticket EUR 32;

(b) between Cayenne and Saül:

- "basic" fare for a single ticket EUR 37,

- "reduced" fare for a single ticket EUR 23;

(c) between Cayenne and Saint-Georges de l'Oyapock:

- "basic" fare for a single ticket EUR 37,

- "reduced" fare for a single ticket EUR 23.

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

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 come into force following their publication in the Official Journal of the European Communities.

2.4. Freight rates

Freight costs (in euro per kilogram) may not exceed, depending on the category of product, the figures given in the schedule of rates set out below:

>TABLE>

Essential food freight covers the products set out in the list annexed hereto, as used by government departments as a general information data document.

Maximum fares may be reviewed each year in the light of changes, over 12 months, in the retail price index. The new maximum fare must be notified to the carriers operating the routes by registered mail 90 days before it takes effect. It will come into force following its publication in the Official Journal of the European Communities.

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 routes and will come into force following their publication in the Official Journal of the European Communities.

2.5. Quality of service

The carrier must have refrigeration facilities for the storage of all frozen and refrigerated products.

2.6. Continuity of service

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 3 % of the number of flights scheduled in any year.

In accordance with Article 4(1)(c) of Regulation (EEC) No 2408/92, any carrier intending to operate any one of these routes must undertake to do so for at least 12 consecutive months.

The carrier must give at least six months' notice before discontinuing these services.

Community carriers are hereby informed that the operation of air services without regard to the abovementioned public service obligations may result in administrative and/or criminal penalties.

3. These provisions will enter into force on 1 January 2002.

ANNEX

ESSENTIAL PRODUCTS

WHEAT FLOUR TYPE 45

HIGH-QUALITY PASTA

RICE, PRE-PROCESSED

RICE, NOT PRE-PROCESSED

WHEATMEAL

DRIED VEGETABLES (ALL)

VEGETABLE PRESERVES

MEAT PRESERVES

FISH PRESERVES

PRE-COOKED PRESERVED FOODS

FISH, DRIED OR SMOKED

CURED MEATS

SUGARS

FINE SALT

COARSE SALT

CHOCOLATE BARS

COCOA, UNSWEETENED

JAMS

BOTTLED WATER

LONG-LIFE MILK

POWDERED MILK

BUTTER

MARGARINE

OILS

FROZEN MEAT AND FISH