Amendment by France of public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Marseilles and Nice (Text with EEA relevance)
Date: 2003-01-15
Institutions: European Commission
Subjects: Corsica, France, air transport, airline, inland transport, passenger tariff, public service, transport capacity

C 9/8

EN

Official Journal of the European Communities

15.1.2003

Amendment by France of public service obligations imposed on scheduled air services between
Ajaccio, Bastia, Calvi and Figari, and Marseilles and Nice

(2003/C 9/04)

(Text with EEA relevance)

1. France has decided, 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 and
in accordance with the decision of the Corsican regional
authorities of 26 September 2002,
from 27
October 2002, the public service obligations imposed on
scheduled air services between Ajaccio, Bastia, Calvi and
Figari on the one hand and Marseilles and Nice on the
other, as published in Official
the European
Communities C 9 of 13 January 2000 and amended by
notices C 338/04 of 29 November 2000 and C 204/06
of 28 August 2002.

to amend,

Journal of

2. The amended public service obligations take account of

Corsica's island status and are as follows:

120 from the start of the summer 2004
IATA scheduling season and at least 135
from the start of the summer 2005 IATA
scheduling season;

(ii) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

— throughout the year, a basic capacity of
including 600
and

4 500 seats per week,
seats per
Sundays,

day on Saturdays

2.1. Minimum frequency,

timetables

and

capacity

— to this basic capacity should be added:

provided

(a) Between Marseilles and Ajaccio

— Frequency:

(i) at least three round trips per day Monday
to Friday,
except on public holidays;
morning and evening, to enable customers
to make a return trip the same day and
spend at
least eight hours at Ajaccio or
11 hours at Marseilles, and one in the
middle of the day;

(ii) at least three round trips per day, evenly
spread throughout the day, on Saturdays
and Sundays.

— The services must be non-stop between Ajaccio

and Marseilles.

— 2 500 seats per week during school
summer holidays (nine weeks from
late June to early September),

— 1 500 seats per week during the
scheduling season
summer
school

IATA summer
(outside
the
holidays referred to above);

(iii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
(All Saints,
and public holiday dates
Christmas, Easter, Ascension, Whitsun,
etc.)
the following minimum additional
capacities must be offered (total capacity
in both directions):

— 6 000 seats during the IATA winter

scheduling season,

— The

capacity
following conditions:

provided must

satisfy

the

— 6 000 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

(i) from Monday to Friday at least 100 seats
must be provided in each direction,
morning and evening;
the morning
departure from Ajaccio, which must leave
before 08.00, at least 105 seats must be
the summer
provided from the start of
least
2003 IATA scheduling season, at

for

— 6 000 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
be offered for sale at
two months
before the dates of the flights concerned.

least

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Official Journal of the European Communities

C 9/9

(b) Between Marseilles and Bastia

— Frequency:

(i) at least three round trips per day Monday
to Friday,
except on public holidays;
morning and evening, to enable customers
to make a return trip the same day and
spend at least eight hours at Bastia or 11
hours at Marseilles, and one in the middle
of the day;

(ii) at least three round trips per day, evenly
spread throughout the day, on Saturdays
and Sundays.

— The services must be non-stop between Bastia

and Marseilles.

— The

capacity
following conditions:

provided must

satisfy

the

(i) from Monday to Friday at least 100 seats
must be provided in each direction,
morning and evening. For the morning
departure from Bastia, which must leave
before 08.00, at least 105 seats must be
the summer
provided from the start of
2003 IATA scheduling season, at
least
120 from the start of the summer 2004
IATA scheduling season and at least 135
from the start of the summer 2005 sche-
duling season;

(ii) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

— throughout the year, a basic capacity of
including 600
and

4 500 seats per week,
seats per
Sundays,

day on Saturdays

— to this basic capacity should be added:

— 2 000 seats per week during school
summer holidays (nine weeks from
late June to early September),

— 1 500 seats per week during the
scheduling season

IATA summer

the
(outside
holidays referred to above);

school

summer

(iii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
(All Saints,
Christmas, Easter, Ascension, Whitsun,
etc.)
the following minimum additional
capacities must be offered (total capacity
in both directions):

— 6 000 seats during the IATA winter

scheduling season,

— 6 000 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 6 000 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These additional capacities must be offered
for sale at
least two months before the
dates of the flights concerned.

(c) Between Marseilles and Calvi

— Frequency: at

least one round trip per day
Monday to Friday, except on public holidays,
to enable customers to make a return trip the
same day and spend at least seven hours in
Marseilles.

— The

services must be non-stop between

Marseilles and Calvi.

— The

capacity
following conditions:

provided must

satisfy

the

(i) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

— throughout the year, a basic capacity of

900 seats per week,

— 1 000 seats per week should be added
to this basic capacity during the school
summer holiday period (nine weeks
from late June to early September);

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Official Journal of the European Communities

15.1.2003

(ii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
Saints,
Christmas,
Easter, Ascension, Whitsun,
the following minimum additional
etc.)
capacities must be offered (total capacity
in both directions):

(All

— 1 000 seats during the IATA winter

scheduling season,

— 3 800 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 5 200 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
two months
be offered for sale at
before the dates of the flights concerned.

least

(d) Between Marseilles and Figari

— Frequency:

(i) at least two round trips per day Monday to
Friday, except on public holidays, morning
and evening, to enable customers to make a
return trip the same day and spend at least
10 hours in Marseilles and at least seven
hours in Figari;

(ii) at

least

two round trips per day on

Saturdays and Sundays.

— The

services must be non-stop between

Marseilles and Figari.

— The

capacity
following conditions:

provided must

satisfy

the

(i) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

— throughout the year, a basic capacity of

1 400 seats per week,

— to this basic capacity should be added:

— 200 seats per week during the IATA
summer scheduling season (outside
the
holidays
school
referred to above);

summer

(ii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
Saints,
Easter, Ascension, Whitsun,
Christmas,
etc.)
the following minimum additional
capacities must be offered (total capacity
in both directions):

(All

— 1 000 seats during the IATA winter

scheduling season,

— 3 800 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 5 200 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
be offered for sale at
two months
before the dates of the flights concerned.

least

(e) Between Nice and Ajaccio

— Frequency:

(i) at least three round trips per day Monday
to Friday,
except on public holidays;
morning and evening, to enable customers
to make a return trip the same day and
spend at
least eight hours at Ajaccio or
11 hours at Nice, and one in the middle
of the day;

(ii) at least six round trips in total spread over

Saturday and Sunday.

— The services must be non-stop between Ajaccio

and Nice.

— The

capacity
following conditions:

provided must

satisfy

the

— 1 400 seats per week during school
summer holidays (nine weeks from
late June to early September),

(i) from Monday to Friday at least 60 seats
must be provided in each direction,
morning and evening;

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Official Journal of the European Communities

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(ii) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

(f) Between Nice and Bastia

— Frequency:

— throughout the year, a basic capacity of

2 800 seats per week,

— to this basic capacity should be added:

— 900 seats per week during school
summer holidays (nine weeks from
late June to early September),

— 500 seats per week during the
scheduling season
summer
school

IATA summer
the
(outside
holidays referred to above);

(iii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
(All Saints,
Christmas, Easter, Ascension, Whitsun,
etc.)
the following minimum additional
capacities must be offered (total capacity
in both directions):

(i) at least three round trips per day Monday
to Friday,
except on public holidays;
morning and evening, to enable customers
to make a return trip the same day and
spend at least eight hours at Bastia or 11
hours at Nice, and one in the middle of the
day;

(ii) at least six round trips in total spread over

Saturday and Sunday.

— The services must be non-stop between Bastia

and Nice.

— The

capacity
following conditions:

provided must

satisfy

the

(i) from Monday to Friday at least 60 seats
must be provided in each direction,
morning and evening,

(ii) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

— 2 000 seats during the IATA winter

scheduling season,

— throughout the year, a basic capacity of

2 800 seats per week,

— 6 000 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 6 000 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
be offered for sale at
two months
before the dates of the flights concerned.

least

However, as services to Nice and Toulon
are complementary, up to 50 % of these
minimum additional capacities may be
to Toulon, while
provided on flights
flights
least
represent at
to Nice must
50 % of
the above minimum additional
capacities.

— to this basic capacity should be added:

— 600 seats per week during school
summer holidays (nine weeks from
late June to early September),

— 300 seats per week during the
scheduling season
summer
school

IATA summer
the
(outside
holidays referred to above);

(iii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
(All Saints,
Christmas, Easter, Ascension, Whitsun,
etc.)
the following minimum additional
capacities must be offered (total capacity
in both directions):

— 2 000 seats during the IATA winter

scheduling season,

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Official Journal of the European Communities

15.1.2003

— 6 000 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 6 000 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
be offered for sale at
two months
before the dates of the flights concerned.

least

However, as services to Nice and Toulon
are complementary, up to 50 % of these
minimum additional capacities may be
to Toulon, while
provided on flights
least
represent at
to Nice must
flights
50 % of
the above minimum additional
capacities.

(g) Between Nice and Calvi

— Frequency: at least one round trip per day.

— The services must be non-stop between Nice

and Calvi.

capacities must be offered (total capacity
in both directions):

— 1 000 seats during the IATA winter

scheduling season,

— 1 300 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 2 200 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
two months
be offered for sale at
before the dates of the flights concerned.

least

However, as services to Nice and Toulon
are complementary, up to 50 % of these
capacities may be
minimum additional
to Toulon, while
provided on flights
flights
least
represent at
to Nice must
the above minimum additional
50 % of
capacities.

(h) Between Nice and Figari

— The

capacity
following conditions:

provided must

satisfy

the

— Frequency: at least one round trip per day.

(i) the following minimum weekly capacities
must be provided and indicated in the
published timetables
(combined capacity
for both directions):

— throughout the year, a basic capacity of

550 seats per week,

— to this basic capacity should be added:

— 1 000 seats per week during school
summer holidays (nine weeks from
late June to early September),

— 350 seats per week during the IATA
summer scheduling season (outside
the
holidays
school
referred to above);

summer

(ii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
Saints,
Christmas,
Easter, Ascension, Whitsun,
the following minimum additional
etc.)

(All

— The services must be non-stop between Nice

and Figari.

— The

capacity
following conditions:

provided must

satisfy

the

(i) the following minimum weekly capacities
must be provided and indicated in the
(combined capacity
published timetables
for both directions):

— throughout the year, a basic capacity of

500 seats per week,

— to this basic capacity should be added:

— 1 200 seats per week during school
summer holidays (nine weeks from
late June to early September),

— 500 seats per week during the IATA
summer scheduling season (outside
the
holidays
school
referred to above);

summer

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Official Journal of the European Communities

C 9/13

(ii) in view of the distribution of traffic peaks
throughout the year, due mainly to school
and public holiday dates
Saints,
Christmas,
Easter, Ascension, Whitsun,
the following minimum additional
etc.)
capacities must be offered (total capacity
in both directions):

(All

— 1 000 seats during the IATA winter

scheduling season,

— 4 000 seats

school
summer holiday period (nine weeks
from late June to early September),

the whole

for

— 1 900 seats during the IATA summer
scheduling season (outside the school
summer holidays referred to above).

These minimum additional capacities must
be offered for sale at
two months
before the dates of the flights concerned.

least

However, as services to Nice and Toulon
are complementary, up to 50 % of these
capacities may be
minimum additional
to Toulon, while
provided on flights
flights
least
represent at
to Nice must
the above minimum additional
50 % of
capacities.

2.2. Fares

The
following categories of passengers must be
charged a fare not exceeding EUR 90 on all flights
between Marseilles or Nice and Ajaccio or Bastia, not
exceeding EUR 96 on all
flights between Nice and
Calvi or Figari, and not exceeding EUR 99 on all
flights between Marseilles and Calvi or Figari, with
no capacity restriction or time constraints on ticket
reservations or purchases:

(i) young persons (under 25 years of age);

(ii) senior citizens (aged 60 years or over);

(iii) students under 27 years of age;

(vi) passengers whose principal place of residence is in
Corsica and who use tickets purchased in Corsica,
the validity of which is restricted to a stay outside
the island of less than 40 days, in order to make a
round trip starting from Corsica.

It must be possible to change reservations, even after
the ticket has been bought, or obtain a refund for
unused tickets, without any charge being made or
penalty imposed.

These fares exclude per capita taxes and duties charged
by the State, local authorities and airport authorities,
and identified as such on the air ticket.

If an abnormal and unforeseeable increase in the cost
factors affecting the operation of the routes takes place
these
for which the carriers are not
maximum fares may be raised in proportion to the
increase. The new maximum fare will be notified to
the carriers operating the services and will apply within
an appropriate period. It will also be communicated
forthwith to the European Commission for publication
in the Official Journal of the European Communities.

responsible,

2.3. Continuity of service

Except in cases of force majeure, the number of flights
cancelled for reasons directly attributable to the carrier
must not exceed 1 % of
flights
scheduled in any IATA scheduling season.

the number of

In accordance with Article 4(1)(c) of Regulation (EEC)
No 2408/92, any carrier intending to operate one or
other of these routes must undertake to do so for at
least 12 consecutive months.

The carrier must give at least six months' notice before
discontinuing these services.

Community carriers are hereby informed that
the
operation of air services without regard to the above-
mentioned public service obligation may result
in
administrative and/or criminal penalties.

(iv) families (one or both parents travelling with at
least one of their children who is a minor);

(v) disabled persons;

Air carriers are hereby informed that the French authorities
reserve the right to grant aid having a social character to
certain categories of passengers on these routes on the basis
of Article 87(2)(a) of the EC Treaty.