5. 7. 90 Official Journal of the European Communities No C 164/7 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Regulation (EEC) on fares for scheduled air 
services (') 
COM(90) 234 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 6 June 1990) 
(90/C 164/08) 
(') OJ No C 258, 11. 10. 1989 [COM(89) 373 final]. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Third recital 
Whereas a system of double disapproval of air fares is an 
important element in achieving further liberalization; 
Whereas in case of excessively high or low fares the 
Commission must be able to suspend the application of 
an air fare; 
(ii) an air carrier which, although it does not meet the 
definition set out in (i), at time of adoption of this 
Regulation: Whereas the system of double disapproval of air fares is 
an important objective in achieving further liberalization 
and shall be introduced from 1 January 1993; whereas 
elements of this system shall be implemented 
immediately; 
Whereas in case of air fares which are too high or too 
low the Commission must be able to suspend the 
application of an air fare; 
(ii) an air carrier which at the time of adoption of this 
Regulation does not meet the definition set out in (i) 
but: 
Article 2 (f) (new) (additional subparagraph) 
(f) a fifth-freedom air carrier means: an air carrier having 
the right to undertake the commercial air transport 
of passengers, freight and mail between two States 
other than its State of registration; Seventh recital 
Article 2 (e) (ii) 
No C 164/8 Official Journal of the European Communities 5. 7. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 2 (h) (new) 
(h) zone of flexibility means: a pricing zone as referred to 
in Article 4a, within which air fares meeting the 
conditions of Annex I qualify for automatic approval 
by the aeronautical authorities of the Member States. 
The limits of a zone are expressed as percentages of 
the reference fare. 
Article 2 (i) (new) 
(i) reference fare means: the normal economy air fare 
charged by a Community air carrier on the route in 
question: if more than one such fare exists, the 
arithmetic average of all such fares shall be taken; 
where there is no normal economy fare, the lowest 
fully flexible fare shall be taken. 
Article 3 
1. Member States shall approve scheduled air fares of 
Community air carriers if they are reasonably related to 
the long-term fully allocated relevant costs of the 
applicant air carrier, including the need for a satisfactory 
return on capital and for an adequate cost margin to 
ensure a satisfactory technical and safety standard. 1. Member States shall approve scheduled air fares of 
Community air carriers if they are reasonably related to 
the long-term fully allocated relevant costs of the 
applicant carrier, including the need for a satisfactory 
return on capital and for an adequate cost margin to 
ensure a high technical and safety standard. 
2. In approving air fares under paragraph 1 Member 
States shall consider the needs of consumers and the 
competitive market situation. 2. In approving air fares under paragraph 1 Member 
States shall consider the needs of consumers, 
employment and the competitive market situation. 
5. Without prejudice to Article 5 (1), a Member State 
shall permit a Community air carrier operating a direct 
or indirect scheduled air service within the Community, 
having given due notice to the States concerned, to 
match an air fare already approved between the same 
city pairs. This provision shall not apply to indirect air 
services which exceed the length of the shortest direct 
service by more than 20 %. 5. Without prejudice to Article 5 (1), a Member State 
shall permit a Community air carrier operating a direct 
or indirect scheduled air service within the Community, 
having given due notice to the States concerned, to 
match an air fare already approved between the same 
city pairs or published for a non-scheduled air service 
operated on the same route, provided both products are 
equivalent in terms of quality and conditions. This 
provision shall not apply to indirect air services which 
exceed the length of the shortest direct service by more 
than 20 °/o. 
Article 4 
1. Scheduled air fares shall be subject to approval by 
the aeronautical authorities of the State(s) concerned. To 
this end, an air carrier shall submit its proposed air fares 
in the form prescribed by those authorities. 1. Scheduled air fares shall be subject, pursuant to the 
provisions of Article 4a, to approval by the aeronautical 
authorities of the State(s) concerned. To this end, an air 
carrier shall submit its proposed air fares in the form 
prescribed by those authorities. 
5. 7. 90 Official Journal of the European Communities No C 164/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Paragraph 3 (a) (new) 
The provisions of paragraph 3 shall be applicable, until 
31 December 1992, to the fare specified in Article 4a 
concerning zones 1 and 2 and for fares above these 
zones. 
Paragraph 3 (b) (new) 
Fares below 90 % of the reference fare and not meeting 
the conditions attached to the zones established in 
Article 4a shall until 31 December 1992 require the 
approval of both civil aviation authorities concerned. 
Article 4a (new) 
Fare structure 
1. There shall be two zones of flexibility on any 
scheduled air service as follows: 
— Zone 1: The fare for Zone 1 shall extend from 60 to 
90 % of the reference fare in line with the conditions 
of the discount zone as defined in Annex I. 
— Zone 2: The fare for Zone 2 shall extend from 30 to 
59 % of the reference fare, providing the fare meets 
the conditions of the deep-discount zone as defined 
in Annex I. 
2. This Regulation shall not prevent the Member 
States from introducing or maintaining more flexible 
rules than the ones referred to in this Article. 
Article 5 a (new) 
1. Air passengers shall have the right to purchase air 
tickets anywhere within the Community, whether or not 
via a travel agent, for flights within the Community. 
2. Air passengers shall have the right to commence 
without any extra charge their flight with a ticket 
purchased within the Community at any airport within 
the Community which is specified on the ticket. 
Article 6 
At least once a year the Commission shall consult on At least once a year, the Commission shall consult on 
scheduled air fares and related matters with represen- scheduled air fares and related matters with represen­
tatives of air transport user organizations in the tatives of air transport user organizations, air carriers 
Community, for which purpose the Commission shall and unions responsible for those employed in the 
supply appropriate information to the participants. aviation sector in the Community, for which purpose the 
Community shall supply appropriate information to the 
participants. The report of such consultations shall be 
submitted to the Council of Ministers and to Parliament. 
Article 9a (new) 
No later than 31 December 1992 the Council shall take a 
decision on revising this Regulation on the basis of a 
proposal which the Commission shall submit before 
1 July 1991. 
^oCto^O C^f^c^l]ourn^lofrh^Euron^nC^OmrnnnrL^^ ^^^0 
^oqualify for the discount ^one the following conditions must be met 
— minimum sta^ of not less than Saturday night or six nights, 
or 
— reservation for the entire trip, ticketing and payment to be made at the same time, except that 
reservationforthereturntnpmaybemadeatalater time,cancellationonly permissible prior to 
departureof outboundtraveland atafeeof atleast20^Bo of thepnceof the ticket, changeof 
reservation onlvpermissible at a fee equal to thedifferencebetween the fare paid and the next 
higher applicable fare provided that the fare shall not extend belowB^O^Bo of the reference fare, 
or 
— if ofPpeakadvancepurchaseof not fewer than t^ days, reservationfor the entire trip, ticketing 
and pavment to be made at the same time, cancellation or change of reservation only available 
prior to departure of outbound travel and atafee of at least 20 ^Bo of the price of the ticket 
roquahfv for the deepdiscount^one,fares must meet the following conditions 
t round or circle trip travel, 
and 
2 anv two of the following 
^ minimum stav of not less than the^undayrule^or six days, 
^ ^ reservation for the enure trip, ticketing and payment to be made at the same time, cancels 
lationor change of reservation onl^ permissible prior to departure of outbound travel and 
atafee of at least 20 ^Bo of the price of the ticket, 
or 
^ mandatory advance purchase of not less than t^ days, reservation for the entire trip, 
ticketing and payment to be made at the same time,cancellanonor change of reservation 
only permissible prior to departure of outbound travel and atafee of at least 20 ^Bo of the 
price of the ticket, 
or 
^ purchaseof thencket only permittedonthedayprtor to departureof outbound travel, 
reservation to be made separately for both the outbound and mbound journeys and only in 
the country of departure on the day prior to travel on the respective journeys, 
^ passenger to be aged not more than 25 years of age or not less than 60 or father andBor mother 
with children aged not more than 25 years travelling together ^minimum three persons^, 
^offpeak, provided that 
^ the condition at^may not be combined with the condition at^alone, 
^ where the conditions at ^b^O and (c^or^are combined,the ^one of flexibility shall not 
extend below ^O^Bo of the reference fare