EN Official Journal of the European Union C 230/11

Communication from the EFTA Surveillance Authority under Article 4.1(a) of the Act referred to in point 64(a) of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 on access for Community air carriers to Community air routes)

Imposition of public service obligations in respect of scheduled air services (helicopter) Værøy–Bodø v.v.

2010/C 230/05

1. INTRODUCTION

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 (1), Norway has decided to impose public service obligations as of 1 August 2011 in respect of scheduled air services on the following route:

1. Værøy–Bodø v.v.

2. THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE FOLLOWING SPECIFICATIONS FOR THE ROUTE AREA VÆRØY–BODØ V.V.

2.1. Minimum frequencies, seating capacity, routing and timetables

General requirements:

— the requirements apply throughout the year,

— the seating capacity offered shall be adjusted in accordance with the rules laid down by the Ministry of Transport and Communications in Appendix A to this publication,

— account shall be taken of the public demand for air travel.

Frequencies:

— minimum two daily return services Monday-Friday, one on Saturday and one on Sunday.

Seating capacity:

— in both directions at least 180 seats shall be offered weekly.

Routing:

The required services must be non-stop.

Timetables:

The following apply to the required flights on Monday-Friday (local times):

— at least 5 hours and 30 minutes between first arrival in Bodø and last departure from Bodø.

2.2. Aircraft category

Helicopter registered for minimum 15 passengers shall be used for the required flights.

2.3. Technical and operative conditions

Carriers’ attention is especially drawn to technical and operative conditions applying at the airports. For further information, please contact:

Luftfartstilsynet (Civil Aviation Authority) P.O. Box 243 8001 Bodø NORWAY Tel. +47 75585000

2.4. Fares

The maximum basic fully flexible one-way fare (maximum fare) in the operating year beginning 1 August 2011 must not exceed the following amounts in NOK:

Værøy–Bodø 827,-

For each subsequent operating year the maximum fare shall be adjusted on 1 August within the limit of the consumer price index for the 12-month period ending 15 June the same year, as made public by Statistics Norway (http://www.ssb.no).

The carrier shall offer tickets through at least one sales channel belonging to the carrier. The carrier is responsible for making tickets available at a price not exceeding the maximum fare through all sales channels belonging to the carrier.

Maximum fare applies also to tickets offered by other companies controlled by the carrier. The carrier is responsible for the compliance of the maximum fare by such companies.

The maximum fare shall include all taxes and fees to the authorities, and all other extra charges (service-fees etc.) the carrier adds on when issuing the tickets.

The carrier shall be party to the domestic interline agreements in force at any time, and shall offer all discounts available under such agreements.

The carrier shall offer tickets through a Computer Reservation System (CRS).

3. ADDITIONAL CONDITIONS FOLLOWING A TENDER PROCEDURE

Following a tender procedure, which limits access to the routes to one carrier, these conditions apply in addition:

Fares:

— all connecting fares to/from other air services shall be offered on equal terms for all carriers. Exempted from this are connecting fares to/from other services carried out by the tenderer, provided that the fare is maximum 40 per cent of the fully flexible fare,

— bonus points from frequent flyer programmes can neither be earned nor redeemed on the flights,

— social discounts shall be granted in accordance with the guidelines published in Appendix B to this notification.

Transfer conditions:

— all conditions set out by the carrier for the transfer of passengers to and from other carriers’ routes, including connecting times and through check-in of tickets and baggage, shall be objective and non-discriminatory.

4. REPLACEMENT AND LIFTING OF PREVIOUS PUBLIC SERVICE OBLIGATIONS

These public service obligations replace those previous published in the Official Journal of the European Union C 138 and the EEA Supplement No 31/2008 of 5 June 2008 regarding air services on the route Værøy–Bodø v.v.

5. INFORMATION

Further information can be obtained from:

The Ministry of Transport and Communications P.O. Box 8010 Dep 0030 Oslo NORWAY Tel. +47 22248353 Fax +47 22245609

(1) Regulation (EEC) No 2408/92 of 23 July 1992 has been replaced by Regulation (EC) No 1008/2008 of 24 September 2008. Regulation (EC) No 1008/2008 has not been included in the EEA Agreement. Legal authority for this tender is therefore Council Regulation (EEC) No 2408/92 that is in force as Norwegian regulation.

Appendix A THE PRODUCTION ADJUSTMENT CLAUSE 1. Purpose of the production adjustment clause The purpose of the production adjustment clause is to ensure that supplied capacity/seats offered by the operator is adjusted to changes in market demand. Whenever the number of passengers increases significantly and exceeds the following specified limits for the percentage of seats occupied at any time (the passenger load factor), the operator shall increase available seats offered. The operator may accordingly decrease available seats offered when the number of passengers decreases significantly. See specification below in 3. 2. Periods for measuring passenger load factors The periods during which the passenger load factor shall be monitored and assessed range from 1 January to 30 June inclusive and 1 August to 30 November inclusive. 3. Conditions for changing production/available seats offered 3.1. Conditions for increasing production 3.1.1. An increase in production/available seats offered shall take place when the average passenger load factor on each single route encompassed by public service obligations is higher than 70 per cent. When the average passenger load factor on these routes exceeds 70 per cent in any of the periods mentioned in 2, the operator shall increase production/available seats offered by at least 10 per cent on these routes, at latest from the start of the following IATA traffic season. Production/available seats offered shall be increased at least so that the average passenger load factor does not exceed 70 per cent. 3.1.2. When increasing production/available seats offered according to the above, the new production may take place by using aircraft with lower seating capacity than specified in the original tender, if preferred by the operator. 3.2. Conditions for decreasing production 3.2.1. A decrease in production/available seats offered may take place when the average passenger load factor on each single route encompassed by public service obligations is lower than 35 per cent. When the average passenger load factor on these routes is lower than 35 per cent in any of the periods mentioned in 2, the operator may decrease production/available seats offered by no more than 25 per cent on these routes from the first day after the end of the above-mentioned periods. 3.2.2. On routes with more than two daily frequencies offered in each direction, reduction in production according to 3.2.1 shall take place by reducing frequencies offered. The only exception from this is when the operator uses aircraft with larger seating capacity than the minimum specified in the imposition of public service obligations. The operator may then use smaller aircraft, however, not with lower seating capacity than the minimum specified in the imposition of public service obligations. 3.2.3. On routes with only one or two daily frequencies offered in each direction, reduction in available seats offered can only take place by using aircraft with lower seating capacity, even if this involves reduced seating capacity than specified in the imposition of public service obligations. 4. Procedures for changes in production 4.1. The Norwegian Ministry of Transport and Communications has the responsibility for approving proposed time schedules submitted by the operator, including changes in production/number of provided seats. Reference is made to Circular N-3/2005 by the Norwegian Ministry of Transport and Communications, included in the tender file. 4.2. If production/available seats offered shall be reduced according to 3.2, a proposal for a new traffic program shall be circulated to the affected county councils, and these shall have sufficient time to make a statement before the change is put into effect. If the proposed new traffic program includes changes violating any other requirements than the number of flights and seat capacity, laid down in the public service obligations, the new traffic program must be sent to the Ministry of Transport and Communications for approval. 4.3. When production/number of provided seats shall be increased according to 3.1, time schedules for new production/new seats should be agreed between the operator and the county (counties) as administrative unit affected. 4.4. If new production/number of provided seats shall be offered according to 3.1, and the operator and the county (counties) as administrative unit affected cannot agree upon time schedules according to 4.3, the operator can seek approval according to 4.1 for a different time schedule for the new production/provided seats from the Norwegian Ministry of Transport and Communications. This does not mean that the operator may apply for approval of a time schedule that does not include the required increase in production. There must exist substantial reasons if the Ministry shall approve proposals that diverge from those which could be agreed by the counties. 5. Unchanged financial compensation when changing production 5.1. The financial compensation to the operator remains unchanged when increasing production according to 3.1. 5.2. The financial compensation to the operator remains unchanged when decreasing production according to 3.2.