Communication from the Commission pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Revision by Ireland of public service obligation in respect of scheduled air services between Derry and DublinText with EEA relevance
Date: 2005-02-16
Institutions: European Commission
Subjects: Ireland, air transport, airline, carrier, inland transport, public service

16.2.2005

EN

Official Journal of the European Union

C 39/7

COMMUNICATION FROM THE COMMISSION PURSUANT TO ARTICLE 4(1)(a) OF COUNCIL
REGULATION (EEC) No 2408/92

Revision by Ireland of public service obligation in respect of scheduled air services between Derry
and Dublin

(2005/C 39/07)

(Text with EEA relevance)

1. Ireland has decided to revise the public service obligation
published in the Official Journal of the European Communities C
265/07 of 15 September 2000 (as amended by corrigendum
published in OJ C 276 of 28 September 2000) 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, in respect of scheduled air services
with effect from 22 July 2005 on the Derry-Dublin route.

2. The public service obligation is as follows:

2.1 Minimum frequency and seating capacity:

(a) The services must be operated at the rate of at least

two return flights per day, 7 days per week;

(b) A minimum of 60 seats per day each way to and
from Derry/Dublin (i.e. a minimum of 120 seats in
both directions) must be provided, 7 days per
week.

The above requirements apply throughout each year.

2.4 Fares:

(a) A range of fares may be applied subject to:

(i) A maximum fare of EUR 75 each way,

in
respect of a minimum of 80 % of seat capacity
per day each way to and from Derry/Dublin,

(ii) No fare restrictions shall apply to the balance
of the minimum daily seat requirements on the
route;

(b) The fares

referred to at

(a)(i) above may be
increased once each year with the prior consent of
the Minister for Transport
if an abnormal and
unforeseeable increase in the cost factors affecting
the operation of the routes takes place for which
the carrier is not responsible. The new fare(s) will
be notified to the carrier operating the service and
will not enter into force prior to its notification to
the European Commission and publication of the
Official Journal of the European Communities.

2.2. Type of aircraft used:

2.5 Marketing of flights

(a) The services must be operated by pressurised
aircraft with a minimum capacity of 30 passenger
seats;

(b) Carriers' attention is drawn to technical and opera-
tive conditions applying at the airports. For further
information please
contact Airports Division,
Department of Transport, 44 Kildare Street, Dublin
2, Mr Liam Keogh Tel. (353-1) 604 15 94, Fax
(353-1) 604 16 81, email: liamkeogh@transport.ie;

(a) Services will operate to aerodromes under the juris-

diction of the Irish Aviation Authority.

2.3. Timetables:

On Weekdays, Monday to Friday, the flight schedules
must provide for an early morning flight from Derry to
Dublin and a late evening flight from Dublin to Derry
to enable passengers, including passengers on business
trips, to make the round trip within the day. This
requirement applies throughout each year.

Flights must be marketed using at least one compu-
terised reservations system. The carrier will be required
to distribute fares for PSO services through one of the
major travel Global Distribution Systems or through an
internationally recognised internet based reservation
system, or a major travel site.

2.6 Continuity and Reliability of services:

(a) Except

in cases of

force majeure, the number of
flights cancelled for reasons directly attributable to
the carrier must not exceed 2 % of the required
minimum number of flights on an annual basis;

(b) Except

in cases of

force majeure, the number of
flights delayed for more than 30 minutes for
reasons directly attributable to the carrier must not
exceed 20 % of the required minimum number of
flights on an annual basis;

(c) The carrier must give at least six months' notice

before discontinuing services.