EN Official Journal of the European Union C 268/9

Communication from the EFTA Surveillance Authority pursuant to Article 4.1(a) of the Act referred to in point 64a of Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes)

Imposition of new public service obligations in respect of scheduled air services on the route Værøy (heliport) – Bodø v.v.

(2004/C 268/07)

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 (http://europa.eu.int/eur-lex/en/lif/dat/1992/en_392R2408.html), Norway has decided to impose new public service obligations as of 1 August 2005 in respect of scheduled air services on the following route:

Værøy (heliport) – Bodø v.v.

2. THE PUBLIC SERVICE OBLIGATIONS INCLUDE THE FOLLOWING:

2.1. Minimum frequencies, seating capacity, routing and timetables

A daily service obligation applies in both directions.

Frequencies:

— 1 February to 31 October: minimum two daily return services Monday to Friday, one on Saturday and one on Sunday.

— 1 November to 31 January: minimum one daily return service.

Seating capacity:

— 1 February to 31 October: in both directions at least 180 seats shall be offered weekly.

— 1 November to 31 January: in both directions at least 105 seats shall be offered weekly.

— If the number of seats occupied during the period 1 January to 30 June or 1 August to 30 November exceeds 70 % of the number of seats offered, the carrier shall increase the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the Annex to this publication.

— If the number of seats occupied during the period 1 January to 30 June or 1 August to 30 November is lower than 35 % of the number of seats offered, the carrier may reduce the seating capacity in accordance with the rules laid down by the Ministry of Transport and Communications in the Annex to this publication.

Timetables:

Account shall be taken of the public demand for air travel.

In addition, the following apply to the required flights on Monday to Friday (local times):

— 1 to 28/29 February: at least 3 hrs 30 min between first arrival in Bodø and last departure from Bodø.

— 1 March to 30 September: at least 5 hrs 30 min between first arrival in Bodø and last departure from Bodø.

— 1 to 31 October: at least 5 hrs 15 min between first arrival in Bodø and last departure from Bodø.

2.2. Aircraft category

Helicopters registered for a minimum of 15 passengers shall be used for the required flights.

Carriers' attention is especially drawn to the fact that VFR daylight conditions apply to operations at Værøy heliport. For further information, please contact:

Luftfartstilsynet (Civil Aviation Authority), Postboks 8050 Dep, N-0031 Oslo, Tel. (47) 23 31 78 00

2.3. Fares

— Maximum basic one-way fare (fully flexible) for the operating period 1 August 2005 to 31 July 2006 may not exceed NOK 755.

— The carrier is responsible for making the tickets available at a price not exceeding the maximum basic one-way fare through at least one sales channel. The carrier is also responsible for keeping the customers informed about how such tickets are available.

— For each subsequent year the maximum fare may be adjusted on 1 August up to 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/english/).

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

— Social discounts conforming to the usual practice shall be offered.

2.4. Service continuity

The number of flights cancelled for reasons directly attributable to the carrier must not exceed 1,5 % of the intended number of flights on an annual basis.

2.5. Cooperation arrangements

Following a tender procedure, which limits access to the route Værøy – Bodø v.v. to one carrier, these conditions apply:

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 % of the fully flexible fare.

— Bonus points from frequent flyer programmes can neither be earned nor redeemed on the flights.

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.

3. OTHER

These public service obligations replace those published for the route Værøy – Bodø v.v. in Official Journal of the European Communities C 27 of 31 January 2002.

4. INFORMATION

Further information can be obtained from:

Ministry of Transport and Communications PO Box 8010 Dep N-0030 Oslo Telephone (47) 22 24 82 41, fax (47) 22 24 95 72

This documentation is also available on the internet: http://www.odin.dep.no/sd/engelsk/aktuelt/tenders/index-b-n-a.html