Communication from the EFTA Surveillance Authority under Article 4(1)(a) of the Act referred to in point 64(a) in Annex XIII of 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 Røst-Bodø v.v.
Date: 2001-08-23
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, airport, carrier, intra-EU transport

C 237/8

EN

Official Journal of the European Communities

23.8.2001

Communication from the EFTA Surveillance Authority under Article 4(1)(a) of the Act referred to
in point 64(a) in Annex XIII of 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
Rłst-Bodł v.v.

(2001/C 237/10)

1. INTRODUCTION

Timetables

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/eurlex/en/lif/dat/en(cid:150)392R2408.html),
Norway has decided to impose new public service obligations
as of 1 February 2002 in respect of scheduled air services on
the following route:

Rłst-Bodł v.v.

2. THE PUBLIC SERVICE OBLIGATIONS

INCLUDE THE

FOLLOWING

2.1. Minimum frequencies, seating, capacity, routing and

timetables

The requirements apply throughout the year. A daily service
obligation applies in both directions.

Frequencies

(cid:151) Minimum two daily return services Monday-Friday and
minimum two return services Saturday-Sunday combined.

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

At least one daily service must be scheduled to connect with
air services Bodł-Oslo v.v.

In addition,
Monday to Friday (local times):

the following apply to the required flights on

(cid:151) First arrival in Bodł shall be no later than 10.00 and last

departure from Bodł no earlier than 17.00.

2.2. Aircraft category

Aircraft
shall be used for the required flights.

(fixed-wing) registered for minimum 15 passengers

especially drawn to technical

Carriers’
attention is
operative conditions applying at
runway at Rłst.
short
contact: Luftfartstilsynet
8050 Dep, N-0031 Oslo, tel. (47) 23 31 78 00.

and
including a
information, please
(Civil Aviation Authority), Postboks

the airports,

further

For

2.3. Fares

Seating capacity

(cid:151) In both directions at

Monday to Friday combined and at
Saturday to Sunday combined,

least 150 seats shall be offered
least 30 seats

(cid:151) Maximum basic one-way fare (fully flexible)

the
operating period 1 February 2002 to 31 March 2003
may not exceed NOK 755, excluding VAT and the Excise
Duty
air
(http://www.toll.no/regelverk/avgiftsrundskriv),

passengers

carriage

the

for

on

by

of

(cid:151) if

the number of seats occupied during the period 1
January to 30 June or 1 August to 30 November exceeds
70 % of
the carrier shall
increase the seating capacity in accordance with the rules
laid down by the Ministry of Transport and Communi-
cations in the annex to this publication,

the number of seats offered,

(cid:151) if

than 35 % of

the number of seats occupied during the period 1
to 30 November is
January to 30 June or 1 August
lower
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.

the number of seats offered,

(cid:151) the carrier
agreements
discounts available under such agreements,

shall be party to the domestic interline
in force at any time, and shall offer all

(cid:151) social discounts conforming to the usual practice shall be

offered.

2.4. Service continuity

The numer 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.

Routing

(cid:151) In both directions at least one of the required daily services
Monday to Friday shall be non-stop. On Saturday to Sunday
combined, at
the required flights shall be
non-stop.

least half of

2.5. Cooperation arrangements

Following a tender procedure, which limits access to the route
Rłst-Bodł v.v. to one carrier, these conditions apply:

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Official Journal of the European Communities

C 237/9

Fares

3. OTHER

(cid:151) 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.

(cid:151) bonus points from frequent flyer programmes can neither

be earned nor redeemed on the flights.

Transfer conditions

These public service obligations replace those published for the
route Rłst(cid:150)Bodł v.v.
in Official
the European
Communities C 340 of 20 November 1999.

Journal of

4. Further information can be obtained from:

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

(cid:151) All conditions set out by the carrier for the transfer of
including
tickets and

passengers to and from other carriers’ routes,
connecting times and through check-in of
baggage, shall be objective and non-discriminatory.

This documentation is also available on the internet:

http://www.odin.dep.no/sd/engelsk/aktuelt/tenders/
index-b-n-a.html.

ANNEX TO THE IMPOSITIONS OF PUBLIC SERVICE OBLIGATIONS IN RESPECT OF SCHEDULED AIR
SERIVES R(cid:216)ST(cid:150)BOD(cid:216) V.V.

ANNEX

ADJUSTMENT OF PRODUCTION/AVAILABLE SEATS (cid:151) 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/are 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 descreases significantly. See specification below in point 3.

2. Periods for measuring passenger load factors

The periods during which the passenger load factor shall be monitored and assessed run 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 %. When the average
passenger load factor on these routes exceeds 70 % in any of the periods mentioned in point 2, the
operator shall increase production/available seats offered by at least 10 % 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 %.

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 %. When the average
passenger load factor on these routes is lower than 35 % in any of the periods mentioned in point 2,
the operator may decrease production/available seats offered by no more than 25 % on these routes from
the first day after the end of the above mentioned periods.

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Official Journal of the European Communities

23.8.2001

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 to 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 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 subject to law for approving
proposed time schedules submitted by the operator, including changes in production. Reference is made to
included in the tender file.
Circular N-8/97 of the Norwegian Ministry of Transport and Communications,

4.2. When production 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.

4.3. If new production shall be offered according to 3(1), and the operator and the county (counties) as adminis-
trative unit affected cannot agree upon time schedules according to 4(2), the operator can seek approval from
the Norwegian Ministry of Transport and Communications according to 4(1) for a different time schedule for
the new production/new seats offered. 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 for time
schedules for new production/new seats diverging from those which could be agreed by the county (counties) as
administrative unit affected according to 4(2), as a condition for the Ministry to approve such a proposal from
the operator.

5. Unchanged remuneration when changing production

5.1. The remuneration to the operator remains unchanged when increasing production according to 3(1).

5.2. The remuneration to the operator remains unchanged when decreasing production according to 3(2).