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 Donegal

(2002/C 66/03)

(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 (as amended by corrigendum published in OJ C 276 of 28 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-Donegal-Dublin route.

2. The public service obligation is as follows

2.1. Minimum frequency and seating capacity

(a) The services must be operated at the rate of at least two return flights per day, seven days per week, during the four months May to August inclusive and one return flight per day, seven days per week, during the eight months September to April inclusive.

(b) A minimum of 60 seats per day each way to and from Donegal/Dublin (i.e. a minimum of 120 seats in both directions) must be provided, seven days per week, during the four months May to August inclusive and a minimum of 30 seats per day each way to and from Donegal/Dublin (i.e. a minimum of 60 seats in both directions) must be provided, seven days per week, during the eight months September to April inclusive.

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

On weekdays, Monday to Friday inclusive, the flight schedules must provide for an early morning flight from Donegal to Dublin and a late evening flight from Dublin to Donegal to enable passengers, including passengers on business trips, to make the 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 Donegal/Dublin;

(ii) at least 40 % of seat capacity per day each way to and from Donegal/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.