Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (Text with EEA relevance)
Date: 2001-09-26
Institutions: European Commission
Subjects: Portugal, air transport, inland transport, public service

26.9.2001

EN

Official Journal of the European Communities

C 271/5

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

Amendment of public service obligations imposed on certain scheduled air services within
Portugal

(2001/C 271/03)

(Text with EEA relevance)

1. Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92
the Portuguese Government has decided to amend, as from
1 January 2002, the public service obligations imposed on
scheduled air services operated on the following routes:

least one flight per day between
destination; at
Lisbon and Ponta Delgada and between Lisbon and
Terceira must be operated between 08.00 and 21.00,
and, for at least three days a week, one of the flights
must be operated before 13.00,

(cid:151) Lisbon/Ponta Delgada/Lisbon,

(cid:151) Lisbon/Terceira/Lisbon,

(cid:151) Lisbon/Horta/Lisbon,

(cid:151) Funchal/Ponta Delgada/Funchal,

(cid:151) Oporto/Ponta Delgada/Oporto.

2. The public service obligations are as follows:

(cid:151) Minimum frequency:

(cid:151) on the Lisbon/Ponta Delgada/Lisbon route, 24 round
trips per week from June to September and 16
round trips per week (one of which may be
combined with Oporto) from October to May, with
at least two round trips per day throughout the year,

(cid:151) on the Lisbon/Terceira/Lisbon route, two round trips
per day from June to September and one round trip
per day from October to May,

(cid:151) on the Lisbon/Horta/Lisbon route, seven round trips
per week from June to September and five round
trips per week from October to May,

(cid:151) on the Funchal/Ponta Delgada/Funchal route,

two
round trips per week from June to September and
one round trip per week from October to May,

(cid:151) on the Oporto/Ponta Delgada/Oporto route,

three
round trips per week from June to September and
two round trips per week from October to May, one
of which may be combined with Lisbon.

(cid:151) Timetables

Unless limited by airport schedules:

(cid:151) flights must take place between 06.30 local time at
the place of departure and 00.30 local time at the

(cid:151) from June

to September,

abovementioned
schedule limits may be delayed by 30 minutes,
where duly justified.

the

Whenever differing daily flight frequencies have to be
operated, flights must be evenly spread throughout the
abovementioned time periods.

(cid:151) Capacity

The following minimum weekly capacity must be
offered:

(cid:151) on the Lisbon/Ponta Delgada/Lisbon service, 7 700
seats plus 160 tonnes of
from
April to October and 5 600 seats and 150 tonnes
of freight and mail from November to March,

freight and mail

(cid:151) on the Lisbon/Terceira/Lisbon service, 3 600 seats
and 90 tonnes of freight and mail from April to
October and 2 900 seats and 85 tonnes of freight
and mail from November to March,

(cid:151) on the Lisbon/Horta/Lisbon service, 1 250 seats and
15 tonnes of freight and mail from April to October
and 750 seats and 15 tonnes of freight and mail
from November to March,

(cid:151) on the Funchal/Ponta Delgada/Funchal service, 390
seats from April to October and 260 seats from
November to March,

(cid:151) on the Oporto/Ponta Delgada/Oporto service, 840
seats from April to September and 560 seats from
October to March.

Whenever the average load factors for all carriers on a
particular route, in any IATA season, exceed 75 %, the
minimum capacity to be offered in the next equivalent
season must be increased by at least enough so as to
comply with that maximum load factor.

C 271/6

EN

Official Journal of the European Communities

26.9.2001

(cid:151) Additional capacity

During the Christmas to New Year and Easter holidays,
the following minimum additional capacity must be
offered over both these periods:

(cid:151) on the Lisbon/Ponta Delgada/Lisbon service, 2 000

seats,

(cid:151) on the Lisbon/Terceira/Lisbon service, 2 000 seats,

(cid:151) on the Lisbon/Horta/Lisbon service, 1 500 seats.

During the high season,
additional weekly capacity must be offered:

the

following minimum

(cid:151) on the Lisbon/Ponta Delgada/Lisbon service, 1 600
seats in June and September and 4 800 seats in
July and August,

(cid:151) on the Lisbon/Terceira/Lisbon service, 1 600 seats in
June and September and 2 600 seats in July and
August,

(cid:151) on the Lisbon/Horta/Lisbon service, 500 seats in
June and September and 1 240 seats and 5 tonnes
of freight and mail in July and August,

(cid:151) on the Funchal/Ponta Delgada/Funchal service, 260
seats in September and 390 seats in July and August,

(cid:151) on the Oporto/Ponta Delgada/Oporto service, 280
seats in September and 840 seats in July and August.

In the event of temporary interruption of the air services
due to unforeseen circumstances, to cases of force majeure
and for other reasons, the programmed capacity must be
least 60 % from the moment when
increased by at
services can be resumed until all
the traffic backlog
accumulated during the interruption in services has
been cleared.

The specified quantities of freight, including mail, shall
be carried using capacity with a minimum weekly flight
frequency equal to the minimum weekly frequency set
for passenger flights.

(cid:151) Type of aircraft used

The
services must be operated using appropriate
for services to and from Horta
jet-propelled aircraft;
airport carriers must observe the conditions published
in (cid:145)Aeronautical information of Portugal(cid:146) (AIP).

(cid:151) Fares

The fare structure must include:

(a) a fully flexible economy reference fare of:

(i) PTE 61 400 (EUR 307) return between Lisbon

and Ponta Delgada, Horta and Terceira;

(ii) PTE 61 400 (EUR 307) return between Oporto

and Ponta Delgada;

(iii) PTE 43 600 (EUR 218) return between Funchal

and Ponta Delgada;

(b) a range of special

adapted to demand (e.g. excursion etc.),
at least one PEX fare of:

fares with special conditions
including

(i) PTE 38 500 (EUR 193)
mainland and the Azores;

return between the

(ii) PTE 28 100 (EUR 141) return between Funchal

and the Azores;

(c) reduced fares for residents of the autonomous region
of the Azores and students whose place of residence
is within the autonomous region of the Azores and
who study elsewhere in Portugal or vice versa of:

(i) PTE 32 200 (EUR 161) return for residents on
flights between the Azores and the mainland;

(ii) PTE 25 000 (EUR 125) return for students on
flights between the Azores and the mainland;

(iii) PTE 17 600 (EUR 88) return for students on
flights between Ponta Delgada and Funchal;

(d) freight tariffs on services between the mainland and
the autonomous region of the Azores shall be as
follows:

Minimum

Normal

Quantity

Perishables/
quantity

Special
products (*)

Lisbon and Oporto/
Azores

Funchal/Azores

PTE 1 500
(EUR 7,48)

PTE 1 500
(EUR 7,48)

PTE 180
(EUR 0,90)/kg

PTE 145
(EUR 0,72)/kg

PTE 160
(EUR 0,80)/kg

PTE 110
(EUR 0,55)/kg

PTE 112
(EUR 0,56)/kg

PTE 95
(EUR 0,47)/kg

PTE 140
(EUR 0,70)/kg

PTE 105
(EUR 0,52)/kg

Special products/
quantity (*)

PTE 130
(EUR 0,65)/kg

(cid:151)

(*) According to IATA regulations.

26.9.2001

EN

Official Journal of the European Communities

C 271/7

(e) passenger fares and freight tariffs from or to any
airport
the Azores
in the autonomous region of
without a regular direct link to mainland Portugal
or Funchal shall be identical to those referred to
above; passenger routes between mainland Portugal
and the autonomous region of
the Azores and
between the autonomous regions shall be limited
i.e. one in each direction,
to two flight coupons,
and passenger
autonomous
region of the Azores shall be limited to:

routes within the

(cid:151) two flight coupons for non-residents,

Except in cases of force majeure, the number of flights
cancelled for reasons directly attributable to the carrier
must not exceed 2 % of the number of flights scheduled
in any IATA scheduling season.

Except in cases of force majeure, delays of more than 15
minutes directly attributable to the carrier may not
affect more than 15 % of the flights.

services must be guaranteed throughout one
The
calendar year
cases
and,
mentioned above, may be suspended only with six
months’ notice.

in the

except

least

at

(cid:151) three flight coupons for residents and students,

(cid:151) Flight marketing

(cid:151) by way of exception, to and from Corvo one
coupon will be permitted

additional
whenever there is no daily connection.

flight

the purposes of

For
subparagraph (e), charges
relating to fares published for transport within the
Azores are the responsibility of
the carrier who
provides services in accordance with these obli-
gations.

A no-show penalty may be set, not exceeding 10 %
of the relevant economy class reference fare.

These fares shall be revised automatically every year
on 1 April, beginning in 2002, based on the rate of
inflation for the previous year, as published by the
Portuguese Government in the Grandes Op(cid:231)ıes do
Plano and as previously notified, by 28 February, by
the Instituto Nacional da Avia(cid:231)ªo Civil (Portuguese
Civil Aviation Institute)
to the carriers
operating the routes in question. The INAC shall
notify the Commission of
the new fares, which
shall enter into force only after publication in the
Official Journal of the European Communities. The fare
applicable to residents shall
in no circumstances
exceed 60 % of the economy class reference fare.

(INAC)

These public service obligations shall apply without
prejudice to the conclusion of interline agreements
with other carriers on fares for services originating
in or bound for points other than Lisbon, Oporto
and Funchal.

In the event that the abovementioned services are
operated by different air carriers, these carriers shall
establish agreements allowing passengers originating
in or bound for any airport
in the autonomous
region of
the Azores without a direct scheduled
connection to mainland Portugal or to Funchal to
combine stages of
trip with different air
carriers.

their

(cid:151) Continuity of service and punctuality

Flights must
computerised reservation system.

be marketed

using

at

least

one

(cid:151) Mail service

Mail sent by the universal postal service operator must
satisfy the quality standards of the universal service and
other applicable legal requirements.

3. Community carriers are hereby informed that, given the
special importance of the routes in question and the excep-
tional nature of service continuity requirements for the
most outlying regions:

(cid:151) carriers wishing to start operating one or more of the
services subject to these obligations must first submit a
financial plan as evidence of their ability to operate the
services for one year in accordance with the obligations
imposed,

(cid:151) all carriers holding a valid operating licence issued by a
Member State in accordance with Council Regulation
(EEC) No 2407/92 on licensing of air carriers can
operate these services,

(cid:151) given the special nature of these services, air carriers will
have to demonstrate their capacity to operate the service
in question with a cabin crew the majority of whom can
speak and understand Portuguese,

(cid:151) carriers must apply by 30 November 2001 to operate
one or more services in accordance with the obligations
imposed and without claiming any compensation,

(cid:151) interruption of the service in question without giving
the advance notice laid down in the public service obli-
gations set out above, or failure to comply with those
obligations, will result in a fine.

the Instituto
Community carriers are also informed that
Nacional da Avia(cid:231)ªo Civil
(Portuguese Civil Aviation
Institute) (INAC) will monitor compliance with the public
service obligations imposed.