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 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.
Date: 2002-01-31
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, airline, public service

31.1.2002

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Official Journal of the European Communities

C 27/3

EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY

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 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
V(cid:230)rły (heliport)(cid:150)Bodł v.v.

(2002/C 27/03)

1. INTRODUCTION

to Article 4(1)(a) of Council Regulation (EEC) No
Pursuant
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 2002 in respect of scheduled air services on the
following route:

(cid:151) 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:

V(cid:230)rły (heliport)(cid:150)Bodł v.v.

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

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:

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

(cid:151) 1 to 28/29 February: at least 2 hours 30 minutes
between first arrival in Bodł and last departure from
Bodł,

(cid:151) 1 March to 30 September: at least 4 hours 30 minutes
between first arrival in Bodł and last departure from
Bodł,

(cid:151) 1 February to 31 October: minimum two daily return
services Monday to Friday, one on Saturday and one
on Sunday,

(cid:151) 1 to 31 October: at least 4 hours 15 minutes between
first arrival in Bodł and last departure from Bodł.

(cid:151) 1 November to 31 January: minimum one daily return

service.

Seating capacity:

2.2. Aircraft category

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

(cid:151) 1 February to 31 October: in both directions at least

180 seats shall be offered weekly,

Carriers’ attention in especially drawn to the fact that VFR
daylight conditions apply to operations at V(cid:230)rły heliport.
For further information, please contact:

(cid:151) 1 November to 31 January: in both directions at least

105 seats shall be offered weekly,

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

(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 Communications in the annex to this publication,

the number of seats offered,

2.3. Fares:

(cid:151) maximum basic one-way fare (fully flexible) for the
operating period 1 August 2002 to 31 July 2003
may not exceed NOK 755,

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Official Journal of the European Communities

31.1.2002

(cid:151) 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/),

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.

(cid:151) the carrier shall be party to the domestic interline
agreements in force at any time, and shall offer all
discounts available under such agreements,

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

be offered.

Transfer conditions:

(cid:151) 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.

2.4. Service continuity

3. OTHER

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

These public service obligations replace those published for the
route V(cid:230)rły(cid:150)Bodł v.v.
in Official
the European
Communities C 16 of 21 January 1999.

Journal of

2.5. Cooperation arrangements

Following a tender procedure, which limits access to the
route V(cid:230)rły(cid:150)Bodł v.v. to one carrier, these conditions
apply:

4. FURTHER INFORMATION CAN BE OBTAINED FROM:

Ministry of Transport and Communications
Postboks 8010 Dep.
N-0030 Oslo
Tel. (47) 22 24 82 41
Fax (47) 22 24 95 72.

Fares:

(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

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

This documentation is also available on the Internet:

ANNEX TO THE IMPOSITION OF PUBLIC SERVICE OBLIGATIONS IN RESPECT OF SCHEDULED AIR
SERVICES V˘R(cid:216)Y(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
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 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.

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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 abovementioned 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 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 Circular
N-8/97 of the Norwegian Ministry of Transport and Communications, included in the tender file.

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 administrative
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.