EN Official Journal of the European Union C 150/48

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

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

(2006/C 150/07)

(Text with EEA relevance)

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 accordance with the decisions taken at the Interdepartmental conference chaired by the Region of Sicily, the Italian Government has decided to impose a public service obligation on scheduled air services on the following routes:

1. Routes concerned

Trapani — Rome and vice versa;

Trapani — Cagliari and vice versa;

Trapani — Bari and vice versa;

Trapani — Milan and vice versa.

In accordance with Annex II to Regulation (EEC) No 2408/92, Rome as a destination is to be understood as the Rome airport system, comprising Rome-Fiumicino and Rome-Ciampino, and the destination Milan is to be understood as the Milan airport system, comprising Milan-Linate, Milan-Malpensa and Bergamo-Orio al Serio.

1.1. By virtue of Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, as amended by Commission Regulation (EC) No 793/2004, the competent authorities may reserve certain slots for the performance of services under the arrangements specified in this notice.

1.2. With a view to meeting the objectives being pursued through the imposition of the public service obligation, ENAC will check that accepting carriers have the appropriate structure and that they meet the minimum requirements for access to the service.

2. Details of the public service obligation

2.1 Minimum frequency

(a) Trapani — Rome and vice versa The frequency is as follows: at least two daily outward and two daily return flights all year round;

(b) Trapani — Cagliari and vice versa The frequency is as follows: at least one daily outward and one daily return flight all year round;

(c) Trapani — Bari and vice versa The frequency is as follows: at least five weekly outward and five weekly return flights all year round;

(d) Trapani — Milan and vice versa The frequency is as follows: at least one daily outward and one daily return flight all year round.

The entire capacity of each aircraft must be offered for sale under the PSO terms.

2.2. Timetables

The timetable for the Trapani — Rome route must include:

— 1 flight departing between 06.00 and 09.00

— 1 flight departing between 18.00 and 21.00

The timetable for the Trapani — Milan and Trapani — Cagliari routes must include:

— 1 flight departing between 06.00 and 09.00

The timetable for the Trapani — Bari route must include, for the five weekly flights it must operate:

— 1 flight departing between 06.00 and 09.00

The timetable for the Rome — Trapani route must include:

— 1 flight departing between 06.00 and 09.00

— 1 flight departing between 18.00 and 21.00

The timetable for the Milan — Trapani and Cagliari — Trapani routes must include:

— 1 flight departing between 18.00 and 21.00

The timetable for the Bari — Trapani route must include, for all five flights per week in which it must operate:

— 1 flight departing between 18.00 and 21.00

2.3. Type and capacity of aircraft used

The services from Trapani to Rome, Bari and Milan and vice versa must be operated with aircraft having a seating capacity of at least 120.

The services from Trapani to Cagliari and vice versa must be operated with a pressurised twin-turboprop or twin-jet aircraft having a seating capacity of at least 44.

Should the market so require, more capacity must be offered by introducing additional flights, which will not give rise to extra compensation or to tariffs different from those specified under point 2.4.

The carrier which accepts the public service obligations must, subject to safety considerations which may justify denied boarding, take all necessary measures to facilitate the carriage of disabled passengers and passengers with reduced mobility.

2.4. Fares

(a) The maximum one-way fares to be applied on each route are as follows: Trapani — Rome and vice versa EUR 60 Trapani — Cagliari and vice versa EUR 60 Trapani — Bari and vice versa EUR 50 Trapani — Milan and vice versa EUR 75 All 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 travelling on the routes listed in point 1 are entitled to the above tariffs.

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

(c) If the average recorded in each half-year of the euro/US dollar exchange rate and/or the cost of fuel changes by more than 5 %, fares must be adjusted in proportion to the change recorded and in proportion to the share of flight costs represented by fuel. Six-monthly fare adjustments are made by the Minister for Infrastructure and Transport, in agreement with the President of the Region of Sicily, on the basis of a report by a joint technical committee, composed of one representative appointed by ENAC and one representative appointed by the Region of Sicily, which must consult the carriers operating the routes concerned. Any adjustment will enter into force as of the next half-year. Adjustments will be notified to all carriers operating the services in question, 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 continuity, regularity and punctuality of the services, 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. The security must amount to at least EUR 800 000 and must be guaranteed by an insurance surety payable to ENAC (the Italian National Civil Aviation Authority), which may use it to ensure the continuation of the services concerned;

— 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 2 %;