EN Official Journal of the European Union C 232/7

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

Imposition by Italy of public service obligations on scheduled air services between Alghero-Rome Fiumicino and return, Alghero-Milano Linate and return, Cagliari-Rome Fiumicino and return, Cagliari-Milano Linate and return, Olbia-Rome Fiumicino and return and Olbia-Milano Linate and return

(Text with EEA relevance)

(2008/C 232/05)

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 proposal put forward by the Autonomous Region of Sardinia, the Italian Government has decided to impose public service obligations on scheduled air services on certain routes between Sardinian airports and the main national airports.

1. ROUTES CONCERNED AND GENERAL PROVISIONS RELATING TO THE SERVICE OBLIGATIONS

1.1. The routes concerned by the imposition of public service obligations are as follows: Alghero-Rome Fiumicino and return, Alghero-Milan Linate and return, Cagliari-Rome Fiumicino and return, Cagliari-Milan Linate and return, Olbia-Rome Fiumicino and return, Olbia-Milan Linate and return.

1.2. In accordance with 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 Regulation (EC) No 793/2004, subject to the general arrangements in force, the competent authorities can reserve at Fiumicino and Linate airports the slots needed to ensure the minimum number of flights required under these obligations.

1.3. All carriers intending to operate on the routes concerned must accept fully and completely the public service obligations on each individual route and must offer a service for 12 consecutive months.

1.4. Each carrier that accepts public service obligations must provide a performance security to ensure the proper performance and continuity of service for the minimum period mentioned above. The security must be at least 10 % of the estimated total annual turnover for the scheduled air services on the route in question. The security shall consist of a first call bank guarantee issued by a major credit institution identified in accordance with IATA criteria. The security shall be payable to ENAC (the Italian Civil Aviation Authority), which can withhold part of the security as a penalty should a carrier fail to comply with the conditions of any public service obligations it has accepted.

1.5. With a view to meeting the objectives being pursued through the imposition of public service obligations, ENAC shall check that accepting carriers have the appropriate structure and that they meet the minimum requirements for access to the service as referred to in point 1.7 below. Following this check, and having obtained the opinion of the Autonomous Region of Sardinia, ENAC shall admit carriers deemed suitable to carry out public service obligations on the routes concerned.

1.6. Where more than one carrier accepts public service obligations on the same route, the carriers concerned may reduce the number of frequencies, provided that the total number of flights operated and their scheduling comply with these public service obligations. At the behest of the Autonomous Region of Sardinia, ENAC shall check that all accepting carriers' flight schedules meet the minimum service requirements imposed by the obligations. The number, frequency and timetables of the minimum services to be performed under these obligations shall be based on the slots reserved for this purpose and previously used on the same route by carriers accepting these obligations. Air carriers that accept the obligations may provide services on the routes concerned that go beyond the minimum PSO requirements as regards frequencies and capacities.

1.7. In order to accept a public service obligation on the routes listed in point 1.1 above, each accepting carrier must: (a) be a Community air carrier in possession of the required licence in accordance with Council Regulation (EEC) No 2407/92; (b) demonstrate that it has the requisite size and financial soundness to guarantee meeting the objectives underlying the imposition of public service obligations, with a turnover from air traffic in the year preceding the imposition of these obligations equal to at least double the total for the route accepted, or equivalent capital; (c) demonstrate that it has at its disposal, either in its ownership or on lease guaranteed for the entire duration of the obligations, an adequate number of aircraft equal to the number of first flights in the morning leaving Sardinia (plus one in reserve), as provided for in the obligations imposed, and in general an adequate number of aircraft with the requisite seating capacity to satisfy the requirements of the obligations imposed; (d) employ on the routes concerned personnel who speak Italian fluently and correctly; (e) distribute and sell tickets in accordance with IATA standards through at least one of the principal CRS, by internet, by telephone, at airport ticket counters, and through the travel agency system; (f) accept POS payments and at least three different credit cards and apply no extra charges or commission on ticket sales via the internet; (g) self-certify having achieved between 1 January 2007 and 31 December 2007 an overall regularity coefficient of at least 98 % and an overall punctuality coefficient to within 15 minutes (on the basis of IATA's statistical conventions) of at least 80 %; (h) provide the performance security as described in point 1.4 above; (i) explain the fares grid for open fares that they intend to apply to non-favoured passenger categories; (j) certify that they subscribe to appropriate pension and social security funds; (k) undertake to pay social security contributions to the authorities of the Member State that has introduced them (Italy).

1.8. In order to guarantee continuity, reliability, punctuality and security of service, the carriers intending to accept the service obligations shall provide ENAC with the appropriate documents (in Italian or English) proving possession of the abovementioned requirements as well as the organisational, technical, and financial resources needed for the service.

1.9. The carriers which accept the present public service obligations shall undertake to observe and apply domestic, international and Community law with regard to the protection of passengers in cases of damage, overbooking, late or cancelled flights, and lost, late or damaged baggage; they shall also undertake to apply the Community rules laid down in Regulation (EC) No 261/2004 of the European Parliament and of the Council as regards overbooking, flight cancellations and delays, and to guarantee on a permanent basis the rights of stretcher-borne or disabled passengers and passengers with reduced mobility. By accepting the present obligations, the carriers shall commit themselves to ensuring that their conduct vis-à-vis users conforms to the principles contained in the Charter of Passengers' Rights.

1.10. Accepting carriers shall ensure that the baggage of passengers outbound from Sardinia and booked on flights continuing from Fiumicino or Linate, even though operated by other carriers, continue on to their final destination.

2. DETAILS OF THE PUBLIC SERVICE OBLIGATION

2.1. In terms of the number of minimum frequencies, times and capacity offered, the obligations are as follows:

2.1.1. On the Alghero-Rome Fiumicino route

(a) Daily minimum frequency

AHO-FCO:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 3 3 3 4 4 4 4 4 3 4 3 3 Tuesday 3 3 3 4 4 4 4 4 3 3 3 3 Wednesday 3 3 3 4 4 4 4 4 4 3 3 3 Thursday 3 3 3 4 4 4 4 4 4 3 3 3 Friday 3 3 3 4 4 5 5 5 4 3 3 3 Saturday 3 3 3 3 3 4 4 4 3 3 3 3 Sunday 3 3 3 3 4 4 4 4 4 3 3 3

FCO-AHO:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 3 3 3 4 4 4 4 4 3 4 3 3 Tuesday 3 3 3 4 4 4 4 4 3 3 3 3 Wednesday 3 3 3 4 4 4 4 4 4 3 3 3 Thursday 3 3 3 4 4 4 4 4 4 3 3 3 Friday 3 3 3 4 4 5 5 5 4 3 3 3 Saturday 3 3 3 3 3 4 4 4 3 3 3 3 Sunday 3 3 3 3 4 4 4 4 4 3 3 3

Accepting carriers must draw up a definitive annual flight timetable, broken down into periods and days of the week. This timetable should be designed to fully meet demand and should be lodged with ENAC and the Autonomous Region of Sardinia at least 60 days before the scheduling season in which operations are planned to begin. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. The service must be direct without any intermediate stopover.

(b) Schedules

The following schedules must be guaranteed on the route for each of the daily frequencies required:

AHO-FCO: 3 flights 4 flights 5 flights 7.00/7.30 7.00/7.30 7.00/7.30 13.00/13.30 11.30/12.00 11.30/12.00 19.30/20.00 15.00/15.30 15.00/15.30 19.30/20.00 18.00/18.30 19.30/20.00

FCO-AHO: 3 flights 4 flights 5 flights 9.00/9.30 9.00/9.30 9.00/9.30 15.00/15.30 13.30/14.00 13.30/14.00 21.00/21.30 18.00/18.30 17.00/17.30 21.00/21.30 19.30/20.00 21.00/21.30

The first morning flight leaving Alghero may not be scheduled for before 7.00.

(c) Capacity on offer

There must be a minimum daily capacity in line with the following:

AHO-FCO: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 400 410 450 480 530 560 650 560 600 470 520 420 Tuesday 380 390 400 430 450 490 540 450 520 440 430 400 Wednesday 400 400 430 440 460 490 500 340 550 490 470 410 Thursday 410 440 450 460 470 550 530 470 540 510 480 470 Friday 460 500 520 520 520 520 530 480 660 550 460 460 Saturday 380 380 380 440 450 510 630 720 650 480 390 380 Sunday 370 370 390 390 490 500 730 690 790 500 490 400

FCO-AHO: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 400 420 450 450 490 500 490 410 500 530 500 420 Tuesday 410 410 440 460 480 550 450 400 560 480 430 400 Wednesday 420 420 440 450 470 510 460 380 550 510 360 410 Thursday 400 430 450 480 480 700 600 400 570 470 440 440 Friday 450 460 480 510 540 720 820 600 630 450 420 450 Saturday 430 430 430 510 460 650 680 740 500 490 500 400 Sunday 400 420 420 420 450 450 560 470 600 470 450 400

If the total daily load factor of these flights exceeds 80 %, carriers accepting the public service route shall be allowed, with ENAC authorisation, to increase their offer by introducing extra flights or by using aircraft with a larger capacity in order to satisfy the demand, at no charge to the Administration.

If the total daily load factor for the flights in question is less than 50 %, carriers accepting the public service route may be authorised by ENAC, in agreement with the Autonomous Region of Sardinia, to use aircraft with a smaller capacity, without reducing the frequency of flights.

During the Christmas and Easter periods frequencies shall be increased as follows:

an extra return flight from 20 December to 8 January,

an extra return flight from the Tuesday before Easter to the Wednesday after it.

Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 8 December, 25 April and 1 May.

2.1.2. On the Alghero-Milano Linate route

(a) Daily minimum frequency

AHO-LIN:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 2 2 2 2 2 3 3 3 3 2 2 2 Tuesday 2 2 2 2 2 3 3 3 3 2 2 2 Wednesday 2 2 2 2 2 3 3 3 3 2 2 2 Thursday 2 2 2 2 2 3 3 3 3 2 2 2 Friday 2 2 2 2 2 3 3 3 3 2 2 2 Saturday 2 2 2 2 2 3 3 3 3 2 2 2 Sunday 2 2 2 2 2 3 3 3 3 2 2 2

LIN-AHO:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 2 2 2 2 2 3 3 3 3 2 2 2 Tuesday 2 2 2 2 2 3 3 3 3 2 2 2 Wednesday 2 2 2 2 2 3 3 3 3 2 2 2 Thursday 2 2 2 2 2 3 3 3 3 2 2 2 Friday 2 2 2 2 2 3 3 3 3 2 2 2 Saturday 2 2 2 2 2 3 3 3 3 2 2 2 Sunday 2 2 2 2 2 3 3 3 3 2 2 2

Accepting carriers must draw up a definitive annual flight timetable, broken down into periods and days of the week. This timetable should be designed to fully meet demand and should be lodged with ENAC and the Autonomous Region of Sardinia at least 60 days before the scheduling season in which operations are planned to begin. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. The service must be direct without any intermediate stopover.

(b) Schedules

The following schedules must be guaranteed on the route for each of the daily frequencies required:

AHO-LIN: 2 flights 3 flights 7.00/7.30 7.00/7.30 19.30/20.00 13.00/13.30 19.30/20.00

LIN-AHO: 2 flights 3 flights 9.00/9.30 9.00/9.30 21.00/21.30 15.00/15.30 21.00/21.30

The first morning flight leaving Alghero may not be scheduled for before 7.00.

(c) Capacity on offer

There must be a minimum daily capacity in line with the following:

AHO-LIN: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 320 330 350 350 350 350 350 500 360 290 330 310 Tuesday 320 350 350 350 350 360 360 370 270 310 240 240 Wednesday 280 290 300 320 330 410 430 390 330 370 330 260 Thursday 270 280 280 350 430 530 500 430 400 340 400 280 Friday 360 370 390 500 510 550 600 610 550 450 310 360 Saturday 280 320 350 400 430 570 700 720 390 400 300 300 Sunday 300 300 300 380 420 430 500 580 470 370 340 310

LIN-AHO: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 370 370 370 370 460 470 570 610 490 390 390 310 Tuesday 300 300 300 350 390 350 320 390 360 320 300 240 Wednesday 290 300 300 390 420 340 380 390 420 350 320 260 Thursday 310 330 330 350 300 400 290 440 350 370 340 280 Friday 360 360 390 400 410 420 380 510 400 410 300 360 Saturday 350 350 350 370 350 460 510 620 580 400 260 300 Sunday 400 400 410 410 410 410 620 590 700 440 360 310

If the total daily load factor of these flights exceeds 80 %, carriers accepting the public service route shall be allowed, with ENAC authorisation, to increase their offer by introducing extra flights or by using aircraft with a larger capacity in order to satisfy the demand, at no charge to the Administration.

If the total daily load factor for the flights in question is less than 50 %, carriers accepting the public service route may be authorised by ENAC, in agreement with the Autonomous Region of Sardinia, to use aircraft with a smaller capacity, without reducing the frequency of flights.

During the Christmas and Easter periods frequencies shall be increased as follows:

an extra return flight from 20 December to 8 January,

an extra return flight from the Tuesday before Easter to the Wednesday after it.

Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 8 December, 25 April and 1 May.

2.1.3. On the Cagliari-Rome Fiumicino route

(a) Daily minimum frequency

CAG-FCO:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 10 10 11 11 11 12 13 13 12 11 10 10 Tuesday 10 10 11 11 11 12 13 13 12 11 10 10 Wednesday 10 10 11 11 11 12 13 13 12 11 10 10 Thursday 10 10 11 11 12 12 13 13 12 11 10 10 Friday 11 11 12 12 13 13 14 13 13 12 11 11 Saturday 10 10 11 11 11 12 13 14 12 11 10 10 Sunday 10 10 11 11 12 12 13 13 13 11 10 10

FCO-CAG:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 10 10 11 11 11 13 13 12 12 12 11 10 Tuesday 10 10 11 11 11 12 12 11 12 11 10 10 Wednesday 10 10 11 11 11 12 12 11 12 11 10 10 Thursday 10 10 11 11 12 13 13 11 13 11 10 10 Friday 10 10 11 12 13 13 13 13 14 12 10 10 Saturday 10 10 11 11 11 12 13 14 12 11 10 11 Sunday 10 10 11 11 12 12 12 13 12 11 10 11

Accepting carriers must draw up a definitive annual flight timetable, broken down into periods and days of the week. This timetable should be designed to fully meet demand and should be lodged with ENAC and the Autonomous Region of Sardinia at least 60 days before the scheduling season in which operations are planned to begin. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. The service must be direct without any intermediate stopover.

(b) Schedules

The following schedules must be guaranteed on the route for each of the daily frequencies required:

CAG-FCO: 10 flights 11 flights 12 flights 13 flights 14 flights 6.30 6.30 6.30 6.30 6.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.30/8.00 7.30/8.00 7.30/8.00 7.30/8.00 7.30/8.00 9.00/9.30 8.15/8.45 8.15/8.45 8.15/8.45 8.15/8.45 12.00/12.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 14.30/15.00 12.00/12.30 12.00/12.30 12.00/12.30 12.00/12.30 16.00/16.30 14.00/14.30 13.00/13.30 13.00/13.30 13.00/13.30 18.00/18.30 15.00/15.30 14.00/14.30 14.00/14.30 14.00/14.30 19.30/20.00 16.00/16.30 15.00/15.30 15.00/15.30 15.00/15.30 20.30/21.00 18.00/18.30 16.00/16.30 16.00/16.30 16.00/16.30 20.30/21.00 18.00/18.30 17.00/17.30 17.00/17.30 20.30/21.00 18.00/18.30 18.00/18.30 20.30/21.00 20.30/21.00 21.30/22.00

FCO-CAG: 10 flights 11 flights 12 flights 13 flights 14 flights 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 9.45/10.15 9.45/10.15 9.45/10.15 9.45/10.15 9.45/10.15 13.00/13.30 12.00/12.30 12.00/12.30 12.00/12.30 11.30/12.00 15.30/16.00 14.00/14.30 14.00/14.30 14.00/14.30 13.00/13.30 16.30/17.00 15.30/16.00 15.30/16.00 15.30/16.00 14.30/15.00 17.30/18.00 16.30/17.00 16.30/17.00 16.30/17.00 15.30/16.00 18.30/19.00 17.30/18.00 17.30/18.00 17.30/18.00 16.30/17.00 19.30/20.00 18.30/19.00 18.30/19.00 18.30/19.00 17.30/18.00 20.30/21.00 19.30/20.00 19.30/20.00 19.30/20.00 18.30/19.00 21.30/22.00 20.30/21.00 20.30/21.00 20.00/20.30 19.30/20.00 21.30/22.00 21.30/22.00 20.30/21.00 20.00/20.30 22.00/22.30 21.30/22.00 20.30/21.00 22.00/22.30 21.30/22.00 22.00/22.30

The first morning flight leaving Cagliari may not be scheduled for before 6.30.

(c) Capacity on offer

There must be a minimum daily capacity in line with the following:

CAG-FCO: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 1 350 1 350 1 400 1 580 1 600 1 710 2 040 1 840 1 890 1 680 1 490 1 270 Tuesday 1 180 1 180 1 200 1 300 1 400 1 570 1 550 1 190 1 460 1 330 1 280 1 050 Wednesday 1 260 1 350 1 540 1 550 1 590 1 740 1 650 1 270 1 740 1 630 1 370 1 300 Thursday 1 320 1 420 1 510 1 580 1 620 1 780 1 670 1 390 1 680 1 720 1 480 1 400 Friday 1 440 1 650 1 780 1 730 1 950 2 160 1 820 1 550 2 090 1 950 1 480 1 450 Saturday 960 1 070 1 270 1 300 1 610 1 580 1 720 2 110 1 690 1 580 1 050 1 000 Sunday 1 180 1 240 1 300 1 430 1 680 1 480 1 800 1 870 2 110 1 660 1 380 1 350

FCO-CAG: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 1 300 1 360 1 540 1 550 1 780 1 880 1 730 1 410 1 710 1 640 1 650 1 230 Tuesday 1 210 1 220 1 280 1 310 1 390 1 570 1 440 1 180 1 600 1 430 1 350 1 100 Wednesday 1 290 1 300 1 470 1 590 1 700 1 770 1 620 1 140 1 560 1 560 1 250 1 200 Thursday 1 240 1 290 1 460 1 600 1 770 2 110 1 740 1 290 1 690 1 660 1 400 1 250 Friday 1 280 1 470 1 510 1 650 1 670 2 040 2 040 1 670 1 820 1 740 1 250 1 350 Saturday 1 160 1 150 1 370 1 450 1 480 1 640 1 950 2 220 1 520 1 400 1 180 1 100 Sunday 1 400 1 330 1 450 1 600 1 810 1 570 1 750 1 750 1 780 1 540 1 510 1 400

If the total daily load factor of these flights exceeds 80 %, carriers accepting the public service route shall be allowed, with ENAC authorisation, to increase their offer by introducing extra flights or by using aircraft with a larger capacity in order to satisfy the demand, at no charge to the Administration.

If the total daily load factor for the flights in question is less than 50 %, carriers accepting the public service route may be authorised by ENAC, in agreement with the Autonomous Region of Sardinia, to use aircraft with a smaller capacity, without reducing the frequency of flights.

During the Christmas and Easter periods frequencies shall be increased as follows:

an extra return flight from 20 December to 8 January,

an extra return flight from the Tuesday before Easter to the Wednesday after it.

Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 8 December, 25 April and 1 May.

2.1.4. On the Cagliari-Milano Linate route

(a) Daily minimum frequency

CAG-LIN:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 5 5 6 6 7 8 8 8 8 7 6 5 Tuesday 5 5 6 6 7 8 8 8 8 7 6 5 Wednesday 5 5 6 6 7 8 8 8 8 7 6 5 Thursday 5 5 6 6 7 8 8 8 8 7 6 5 Friday 6 6 6 6 7 9 9 9 9 8 7 6 Saturday 5 6 6 6 7 9 9 9 9 7 6 5 Sunday 6 6 6 6 7 9 9 9 9 7 6 6

LIN-CAG:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 5 5 6 6 7 8 8 8 8 7 6 5 Tuesday 5 5 6 6 7 8 8 8 8 7 6 5 Wednesday 5 5 6 6 7 8 8 8 8 7 6 5 Thursday 5 5 6 6 7 8 8 8 8 7 6 5 Friday 6 6 6 6 7 9 9 9 9 8 7 6 Saturday 5 6 6 6 7 9 9 9 9 7 6 5 Sunday 6 6 6 6 7 9 9 9 9 7 6 6

Accepting carriers must draw up a definitive annual flight timetable, broken down into periods and days of the week. This timetable should be designed to fully meet demand and should be lodged with ENAC and the Autonomous Region of Sardinia at least 60 days before the scheduling season in which operations are planned to begin. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. The service must be direct without any intermediate stopover.

(b) Schedules

The following schedules must be guaranteed on the route for each of the daily frequencies required:

CAG-LIN: 5 flights 6 flights 7 flights 8 flights 9 flights 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 12.00/12.30 11.00/11.30 11.00/11.30 11.00/11.30 11.00/11.30 16.00/16.30 14.00/14.30 14.00/14.30 13.00/13.30 12.00/12.30 20.30/21.00 17.00/17.30 17.00/17.30 14.00/14.30 13.00/13.30 20.30/21.00 18.30/19.00 17.00/17.30 14.00/14.30 20.30/21.00 18.30/19.00 17.00/17.30 20.30/21.00 18.30/19.00 20.30/21.00

LIN-CAG: 5 flights 6 flights 7 flights 8 flights 9 flights 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 12.00/12.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 15.00/15.30 12.00/12.30 12.00/12.30 12.00/12.30 12.00/12.30 18.00/18.30 15.00/15.30 14.00/14.30 14.00/14.30 14.00/14.30 21.30/22.00 18.00/18.30 15.00/15.30 15.00/15.30 15.00/15.30 21.30/22.00 18.00/18.30 16.30/17.00 16.30/17.00 21.30/22.00 18.00/18.30 18.00/18.30 21.30/22.00 20.00/20.30 21.30/22.00

The first morning flight leaving Cagliari may not be scheduled for before 7.00.

(c) Capacity on offer

There must be a minimum daily capacity in line with the following:

CAG-LIN: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 810 820 880 870 1 160 1 440 1 560 1 410 1 490 1 080 870 750 Tuesday 740 740 750 750 800 980 1 120 1 340 1 150 900 730 700 Wednesday 770 770 830 890 1 070 1 170 1 260 1 100 1 470 940 730 790 Thursday 800 810 860 950 990 1 090 1 020 1 180 1 110 970 770 800 Friday 820 900 900 940 1 060 1 280 1 140 1 510 1 230 1 050 740 810 Saturday 700 700 730 740 960 1 630 1 800 1 960 1 860 950 570 730 Sunday 770 770 840 840 860 1 480 2 110 2 350 2 420 1 060 960 800

LIN-CAG: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 710 750 800 970 1 010 1 280 1 160 1 320 1 120 880 890 750 Tuesday 650 660 820 830 890 1 060 1 070 1 110 920 870 670 580 Wednesday 720 750 860 1 050 1 090 1 360 1 230 1 060 1 300 950 680 700 Thursday 800 820 910 1 060 1 220 1 530 1 290 1 090 1 190 990 960 920 Friday 810 960 1 080 1 270 1 350 1 770 1 800 1 570 1 370 1 090 740 910 Saturday 720 820 950 980 1 100 1 770 2 090 2 410 1 490 920 660 800 Sunday 800 810 820 870 890 1 490 1 920 2 050 1 380 1 000 790 810

If the total daily load factor of these flights exceeds 80 %, carriers accepting the public service route shall be allowed, with ENAC authorisation, to increase their offer by introducing extra flights or by using aircraft with a larger capacity in order to satisfy the demand, at no charge to the Administration.

If the total daily load factor for the flights in question is less than 50 %, carriers accepting the public service route may be authorised by ENAC, in agreement with the Autonomous Region of Sardinia, to use aircraft with a smaller capacity, without reducing the frequency of flights.

During the Christmas and Easter periods frequencies shall be increased as follows:

an extra return flight from 20 December to 8 January,

an extra return flight from the Tuesday before Easter to the Wednesday after it.

Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 8 December, 25 April and 1 May.

2.1.5. On the Olbia-Rome Fiumicino route

(a) Daily minimum frequency

OLB-FCO:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 3 3 3 4 4 5 8 7 6 3 3 3 Tuesday 3 3 3 4 4 4 6 5 5 4 3 3 Wednesday 3 3 3 4 4 4 5 5 4 4 3 3 Thursday 3 3 3 4 4 4 5 6 4 4 4 4 Friday 4 4 4 4 5 5 6 6 6 5 3 4 Saturday 3 3 3 4 4 4 6 7 5 3 3 4 Sunday 3 3 3 3 5 5 7 8 7 4 4 4

FCO-OLB:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 3 3 3 4 4 5 5 5 4 3 4 3 Tuesday 3 3 3 4 4 4 5 5 4 3 3 3 Wednesday 3 3 3 4 4 5 5 5 3 3 3 3 Thursday 3 3 3 4 4 5 7 6 5 3 3 4 Friday 3 3 3 4 5 6 8 7 6 4 3 3 Saturday 3 3 3 4 4 5 5 6 4 3 3 4 Sunday 3 3 3 4 4 4 5 6 4 4 4 5

Accepting carriers must draw up a definitive annual flight timetable, broken down into periods and days of the week. This timetable should be designed to fully meet demand and should be lodged with ENAC and the Autonomous Region of Sardinia at least 60 days before the scheduling season in which operations are planned to begin. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. The service must be direct without any intermediate stopover.

(b) Schedules

The following schedules must be guaranteed on the route for each of the daily frequencies required:

OLB-FCO: 3 flights 4 flights 5 flights 6 flights 7 flights 8 flights 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 13.30/14.00 11.30/12.00 8.30/9.00 8.30/9.00 8.30/9.00 8.30/9.00 19.30/20.00 15.00/15.30 11.30/12.00 11.30/12.00 11.30/12.00 11.30/12.00 19.30/20.00 15.00/15.30 15.00/15.30 15.00/15.30 15.00/15.30 19.30/20.00 18.00/18.30 18.00/18.30 17.00/17.30 19.30/20.00 19.30/20.00 19.30/20.00 20.30/21.00 20.30/21.00 21.00/21.30

FCO-OLB: 3 flights 4 flights 5 flights 6 flights 7 flights 8 flights 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 8.30/9.00 15.00/15.30 13.00/13.30 11.00/11.30 11.00/11.30 10.00/10.30 9.00/9.30 21.00/21.30 17.00/17.30 15.00/15.30 13.00/13.30 13.00/13.30 10.00/10.30 21.00/21.30 17.00/17.30 17.00/17.30 17.00/17.30 13.00/13.30 21.00/21.30 19.30/20.00 19.30/20.00 17.00/17.30 21.00/21.30 21.00/21.30 19.30/20.00 22.00/22.30 21.00/21.30 22.00/22.30

The first morning flight leaving Olbia may not be scheduled for before 7.00.

(c) Capacity on offer

There must be a minimum daily capacity in line with the following:

OLB-FCO: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 390 400 410 560 570 810 1 150 920 840 400 470 340 Tuesday 370 370 440 490 610 620 970 780 670 530 400 290 Wednesday 390 410 450 500 540 590 730 790 500 560 460 400 Thursday 400 470 510 520 530 600 710 860 640 600 510 550 Friday 540 560 580 640 740 780 870 980 860 770 460 550 Saturday 400 450 480 500 550 610 850 1 080 820 490 470 660 Sunday 400 410 440 490 740 690 1 120 1 200 1 030 640 520 650

FCO-OLB: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 460 470 490 510 550 700 740 830 670 380 540 370 Tuesday 430 430 450 500 520 610 760 850 540 490 440 270 Wednesday 400 440 470 600 650 720 760 700 510 510 440 330 Thursday 410 430 470 620 630 750 1 040 910 740 510 480 500 Friday 440 440 440 730 830 1 140 1 270 1 120 940 610 390 440 Saturday 300 400 500 510 520 710 850 970 660 480 450 620 Sunday 400 410 490 510 600 610 860 990 670 610 580 720

If the total daily load factor of these flights exceeds 80 %, carriers accepting the public service route shall be allowed, with ENAC authorisation, to increase their offer by introducing extra flights or by using aircraft with a larger capacity in order to satisfy the demand, at no charge to the Administration.

If the total daily load factor for the flights in question is less than 50 %, carriers accepting the public service route may be authorised by ENAC, in agreement with the Autonomous Region of Sardinia, to use aircraft with a smaller capacity, without reducing the frequency of flights.

During the Christmas and Easter periods frequencies shall be increased as follows:

an extra return flight from 20 December to 8 January,

an extra return flight from the Tuesday before Easter to the Wednesday after it.

Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 8 December, 25 April and 1 May.

2.1.6. On the Olbia-Milano Linate route

(a) Daily minimum frequency

OLB-LIN:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 3 3 3 3 3 6 9 9 8 3 3 3 Tuesday 3 3 3 3 3 4 5 5 5 3 3 3 Wednesday 3 3 3 3 4 4 5 5 5 3 3 3 Thursday 3 3 3 3 4 7 8 8 8 3 3 3 Friday 3 3 3 4 4 8 10 10 8 3 3 3 Saturday 3 3 3 4 4 8 9 9 8 3 3 3 Sunday 3 3 3 3 3 8 9 9 8 3 3 3

LIN-OLB:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 3 3 3 3 3 6 9 9 8 3 3 3 Tuesday 3 3 3 3 3 4 5 5 5 3 3 3 Wednesday 3 3 3 3 4 4 5 5 5 3 3 3 Thursday 3 3 3 3 4 7 8 8 8 3 3 3 Friday 3 3 3 4 4 8 10 10 8 3 3 3 Saturday 3 3 3 4 4 8 9 9 8 3 3 3 Sunday 3 3 3 3 3 8 9 9 8 3 3 3

Accepting carriers must draw up a definitive annual flight timetable, broken down into periods and days of the week. This timetable should be designed to fully meet demand and should be lodged with ENAC and the Autonomous Region of Sardinia at least 60 days before the scheduling season in which operations are planned to begin. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. The service must be direct without any intermediate stopover.

(b) Schedules

The following schedules must be guaranteed on the route for each of the daily frequencies required:

OLB-LIN: 3 flights 4 flights 5 flights 6 flights 7 flights 8 flights 9 flights 10 flights 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 7.00/7.30 13.30/14.00 11.30/12.00 11.30/12.00 9.00/9.30 9.00/9.30 9.00/9.30 8.30/9.00 8.30/9.00 19.30/20.00 15.00/15.30 15.00/15.30 11.30/12.00 11.30/12.00 11.30/12.00 9.00/9.30 9.00/9.30 19.30/20.00 18.00/18.30 15.00/15.30 15.00/15.30 13.00/13.30 11.30/12.00 11.30/12.00 19.30/20.00 18.00/18.30 18.00/18.30 15.00/15.30 13.00/13.30 13.00/13.30 19.00/19.30 19.00/19.30 18.00/18.30 15.00/15.30 15.00/15.30 20.00/20.30 19.00/19.30 18.00/18.30 16.30/17.00 20.00/20.30 19.00/19.30 18.00/18.30 20.00/20.30 19.00/19.30 20.00/20.30

LIN-OLB: 3 flights 4 flights 5 flights 6 flights 7 flights 8 flights 9 flights 10 flights 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 9.00/9.30 15.00/15.30 13.00/13.30 13.00/13.30 11.00/11.30 11.00/11.30 11.00/11.30 10.30/11.00 10.00/10.30 21.00/21.30 17.00/17.30 17.00/17.30 13.00/13.30 13.00/13.30 13.00/13.30 11.00/11.30 11.00/11.30 21.00/21.30 19.30/20.00 17.00/17.30 17.00/17.30 15.00/15.30 13.30/14.00 13.00/13.30 21.00/21.30 19.30/20.00 19.30/20.00 17.00/17.30 16.00/16.30 15.00/15.30 21.00/21.30 20.30/21.00 19.30/20.00 17.00/17.30 17.00/17.30 21.30/22.00 20.30/21.00 19.30/20.00 18.00/18.30 21.30/22.00 20.30/21.00 19.30/20.00 21.30/22.00 20.30/21.00 21.30/22.00

The first morning flight leaving Olbia may not be scheduled for before 7.00.

(c) Capacity on offer

There must be a minimum daily capacity in line with the following:

OLB-LIN: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 280 280 300 560 850 1 420 1 740 1 200 1 010 300 310 280 Tuesday 270 270 280 550 780 790 1 350 1 250 800 360 290 200 Wednesday 240 270 300 500 700 780 900 1 090 560 390 290 230 Thursday 230 320 330 480 460 750 870 1 140 900 370 300 300 Friday 400 400 420 420 510 830 1 000 1 800 970 540 340 350 Saturday 290 300 320 520 580 1 130 1 340 1 810 1 120 380 310 340 Sunday 360 400 460 520 640 1 120 2 490 2 150 1 920 540 450 400

LIN-OLB: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monday 300 420 430 450 500 910 940 1 000 540 210 290 320 Tuesday 260 300 300 430 460 620 980 980 460 280 230 210 Wednesday 220 250 320 580 600 830 1 020 1 020 520 440 270 220 Thursday 240 280 360 600 680 1 450 1 600 1 070 920 380 320 320 Friday 290 380 400 700 710 1 610 2 350 1 870 1 290 500 300 410 Saturday 230 310 370 350 650 1 690 1 790 2 020 820 460 250 450 Sunday 300 350 410 500 540 1 040 1 460 1 730 780 450 430 420

If the total daily load factor of these flights exceeds 80 %, carriers accepting the public service route shall be allowed, with ENAC authorisation, to increase their offer by introducing extra flights or by using aircraft with a larger capacity in order to satisfy the demand, at no charge to the Administration.

If the total daily load factor for the flights in question is less than 50 %, carriers accepting the public service route may be authorised by ENAC, in agreement with the Autonomous Region of Sardinia, to use aircraft with a smaller capacity, without reducing the frequency of flights.

During the Christmas and Easter periods frequencies shall be increased as follows:

an extra return flight from 20 December to 8 January,

an extra return flight from the Tuesday before Easter to the Wednesday after it.

Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 8 December, 25 April and 1 May. Frequencies shall also be increased as at Christmas and Easter in the holiday periods of 1 November, 25 December, 25 April and 1 May.

3. TYPES OF AIRCRAFT AND ON BOARD SERVICES

The aircraft used on the routes listed in 1.1 must offer a minimum of 140 seats each.

Refreshments must be available free of charge.

4. SEAT SALES, BOOKINGS AND WAITING LISTS

4.1. The entire capacity of each aircraft to be used, even if it exceeds the minimum limits provided above, must be offered for sale under PSO terms, without any seating restrictions for residents and/or non-residents. Similarly, bookings must be accepted and names placed on waiting lists without discrimination as regards the favoured passenger categories covered by the service obligations.

4.2. Any practices designed to circumvent this requirement, in particular a refusal to issue tickets at a concessionary fare notwithstanding seat availability on the aircraft, shall be considered a serious breach of the obligations imposed.

5. FARES

5.1. The fare structure for all the routes concerned must include: — a maximum concessionary fare which is the maximum price applicable to passengers belonging to a favoured category as described below, — an open fare applicable to all passengers not belonging to a favoured category. Carriers accepting service obligations undertake to structure this fare in different bands, in keeping with the grid notified upon acceptance of the obligations as referred to in point 1.7(i) above. Carriers accepting service obligations are required to send ENAC a quarterly survey of the open fares applied, showing the average rate applied. The concessionary fare shall be structured as follows: Route concerned Maximum concessionary fare Alghero-Rome Fiumicino 49,00 Alghero-Milano Linate 59,00 Cagliari-Rome Fiumicino 49,00 Cagliari-Milano Linate 59,00 Olbia-Rome Fiumicino 49,00 Olbia-Milano Linate 59,00

5.2. All the maximum concessionary fares indicated shall be inclusive of VAT and net of airport taxes and charges and of a crisis surcharge which shall not exceed EUR 6. Should the conditions which brought about the levying of the crisis surcharge no longer apply or become less significant, the crisis surcharge shall be removed or proportionately reduced. No other charges of any kind, whatever they may be called, may be applied to the above fares.

5.3. Concessionary tickets for PSO routes shall be unlimited; no restrictions shall be applied to them or any penalty for a change of date/time/itinerary or any penalty for reimbursement, except in cases of an unjustified no-show.

5.4. The electronic distribution and sale of tickets shall be completely free of charge and shall involve no additional cost to the passenger.

5.5. Carriers may not change the concessionary fares. The fare amounts have been established on the basis of the price of jet fuel using the Platts freight FOB Med assessment average for the month of May 2008, equal to USD 1 263 per metric tonne. Every year, beginning on 1 February 2010, the competent authorities shall review the indicated fares on the basis of the inflation rate for the preceding year calculated according to the general ISTAT/NIC consumer price index (minus tobacco). The revision shall be communicated to all carriers operating on the routes concerned that apply these fares and to the European Commission, for publication in the Official Journal of the European Union.

5.6. From 1 November 2008, if the average cost of fuel and/or the average EUR/USD exchange rate varies by more than 5 %, the fares must be revised at the carriers' request in proportion to the variation and to the effect of the cost of fuel on the carrier's operating costs, traditionally estimated to be 30 %. The reference parameter for calculating the variations shall be the monthly average of the price of fuel in May 2008. The price shall be compared against the average value for the preceding month. The Platts jet fuel freight FOB Med assessment, expressed in USD per metric tonne, shall be used to establish the price. The resulting figure shall be converted into euro using the rates published by the ECB. The Minister for Infrastructure and Transport, on the basis of an ENAC examination and after consulting the Autonomous Region of Sardinia, shall then adjust the fares. If the price falls by more than the percentage in question, the procedure shall be activated automatically. During the abovementioned examination the carriers operating the routes concerned can be given an opportunity to comment. Any fare adjustment shall run from the fifteenth day of the quarter following that in which the review took place and shall apply only to the fare and not to any airport taxes or duties, or to any surcharges.

5.7. Concessionary fares as specified above must be applied at least to: — residents of Sardinia, — disabled persons (1), — young persons aged 2 to 21 years (1), — elderly persons aged over 70 years (1), — university students until they reach 27 years of age (1). Children under two years of age travel free provided they do not occupy a seat.

5.8. The concessionary ticket price shall include, at no extra charge, carriage of passengers' hand luggage, within current statutory limits, as well as 20 kg of hold luggage per passenger.

6. CONTINUITY, REGULARITY AND PUNCTUALITY OF SERVICE

6.1. In accordance with Article 4(1)(c) of Regulation (EEC) No 2408/92, carriers that accept service obligations must guarantee service for a minimum period of 12 consecutive months, without interruption.

6.2. In order to guarantee the continuity, regularity and punctuality of flights, the carriers which accept these public service obligation must: — operate 98 % of the flights provided for in the flight schedules each year, with a maximum cancellation margin of 2 %, — pay the regulatory body EUR 2 500 for every flight cancelled in excess of the 2 % annual cancellation limit, — give each passenger that so requests EUR 20 in credit towards the purchase of their next ticket where the carrier is to blame for an arrival 60 minutes or more after the scheduled time, — properly inform the passengers of this and make available on flights the forms needed to apply for this credit, as drawn up when the agreement is concluded.

6.3. The abovementioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, strikes or events beyond the control and/or responsibility of the carrier.

7. PENALTIES

7.1. Carriers that accept public service obligations but fail to offer a service for 12 consecutive months as required shall be excluded for the following five years from accepting public service obligations imposed in Italy; those carriers shall also be subject to a fine equal to the amount of the security lodged under paragraph 1.4.

7.2. In order to ensure proper compliance with these obligations by the carriers which accept them, a Joint Committee shall be established, under the aegis of the Transport Council of the Autonomous Region of Sardinia, to monitor the performance of the public service obligations (hereinafter ‘the Joint Committee’) consisting of one member appointed by the Regional Transport Minister, one member appointed by ENAC and one member appointed by each carrier which has accepted the public service obligations.

7.3. The Committee shall be chaired by the Regional Transport Minister and shall meet every three months as a rule, except in emergencies deemed to be such by the Chairman. It shall make use of information gathered by the Sardinian airport authorities, airport management companies, individual citizens or consumers' associations with respect to performance of these obligations. The Committee shall determine possible breaches of these service obligations, document such breaches, and propose to ENAC the measures to be adopted to restore the service and, where appropriate, impose penalties, suggesting the type and amount thereof.

8. START OF THE PUBLIC SERVICE OBLIGATIONS AND THEIR DURATION

8.1. The public service obligations covered by this imposition shall become compulsory at the start of the IATA 2008 winter season.

8.2. The need to maintain PSOs on a route and the level of such PSOs shall be reviewed at least once a year in any event and every time a new carrier confirms its intention to operate the route and accept these obligations.

9. ACCEPTANCE

9.1. Carriers wishing to operate on a route subject to the obligations must submit formal and full acceptance of the public service obligations to ENAC, indicating in detail for each accepted route the planned flight schedule for the two scheduling seasons immediately following acceptance of these obligations. In order to assess whether the requirements of paragraph 1.7 are met and to ensure the availability of the slots needed to carry out the service and to avoid acceptance of PSOs for only certain profitable periods shorter than those indicated in paragraph 1.3, ENAC shall authorise a carrier to operate on the accepted route only from the beginning of each annual scheduling season. To ensure the orderly operation of the route, acceptances must be sent to ENAC no later than the sixtieth day before the start of the scheduling season in which a carrier plans to start operating.

9.2. During the first phase, the abovementioned deadline shall be reduced to 20 days preceding the start of the 2008 winter scheduling season. These obligations replace those published in Official Journal of the European Union C 72 of 24.3.2006, p. 4.

(1) Without any discrimination with regard to place of birth, residence and nationality.