Amendment by France of public service obligations in respect of scheduled air services between mainland France and Guadeloupe, French Guiana, Martinique and Réunion   (Text with EEA relevance)
Date: 2005-06-21
Institutions: European Commission
Subjects: French overseas department and region, airline, services of general interest

C 149/4

EN

Official Journal of the European Union

21.6.2005

Amendment by France of public service obligations in respect of scheduled air services between
mainland France and Guadeloupe, French Guiana, Martinique and Réunion

(2005/C 149/04)

(Text with EEA relevance)

1.
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, France has decided to
alter, with effect from 1 July 2005, the public service obliga-
tions in respect of scheduled air services between all airports in
mainland France and Guadeloupe, French Guiana, Martinique
and Réunion which were published in the Official Journal of the
European Communities C 243 of 9 August 1997 and supple-
mented by publication of a notice in the Official Journal of the
European Union C 69 of 22 March 2003.

given and if this seriously affects the continuity of services, the
other carriers operating the route shall take the necessary steps
to adjust their capacity as soon as possible.

The detailed operating schedule (including in particular the
timetables, aircraft types and capacity, as well as the weekly
capacity available)
each scheduling season must be
forwarded for the approval of the minister responsible for civil
aviation at least one month prior to the start of operation and/
or before each scheduling season to the following address:

for

2.
As of 1 July 2005, each of the air carriers operating
scheduled air services on the routes in question must comply
in particular
with the following public service obligations,
because of
the regions
the insular and remote nature of
concerned:

Direction Générale de l'Aviation Civile
Direction de la Régulation économique
50, rue Henry Farman
F-75720 Paris Cedex 15

2.1. Operating schedule

The total capacity to be made available over two consecutive
scheduling seasons by all carriers operating services between
Paris (Orly) airport and each of
the four French Overseas
Departments must be at least the following number of seats:

— 1 100 000 on the Guadeloupe route,

Between all airport in mainland France and the French Overseas
Departments:

— 183 000 on the French Guiana route,

Services must be operated all year round.

The services must be operated with at least one flight per week
to an airport in mainland France. Furthermore, in a single sche-
duling season, the average weekly capacity offered during the
four weeks when it is least may not be less than a quarter of
the average weekly capacity offered during the four weeks
when it is greatest.

The capacity deployed must be suited to demand,
account in particular of school holidays and public holidays.

taking

If the combined capacity offered by all the carriers operating
these routes no longer matches demand, particularly during
peak periods, the French authorities reserve the right to amend
or specify the public service obligations in question, subject to
three month's notice and following consultation with the
carriers concerned,
in compliance with the provisions of
Article 4 of Regulation (EEC) No 2408/92.

If there is a sudden considerable reduction in the capacity
offered as a result of the withdrawal of a carrier's services
without the period of notice specified in point 2.4 having been

— 1 000 000 on the Martinique route,

— 660 000 on the Réunion route.

Slots are currently reserved at Paris (Orly) airport
for the
services to the four French Overseas Departments pursuant to
Article 9 of Council Regulation (EEC) No 95/93 of 18 January
1993 on common rules for the allocation of slots at Com-
munity airports. Carriers interested in these routes can obtain
information about these slots from the Paris airports coordi-
nator.

2.2. Fares

The passenger fares offered must be published.

Fares for children under the age of two, between two and
twelve and between twelve and eighteen must be reduced by
90 %, 33 % and 20 % respectively as compared with the adult
fares offered under the same conditions for the flight in ques-
tion, whether or not they are travelling unaccompanied

21.6.2005

EN

Official Journal of the European Union

C 149/5

The carrier must make every effort to give priority on the next
departing flight to persons forced to make an urgent journey
because of the death of a close relative (parent/child). Upon
presentation of a copy of the death certificate such persons
shall be given the best rate available on the flight taken without
applying the conditions applicable to the fare.

Air carriers are hereby informed that the French authorities
to grant aid having a social character to
reserve the right
certain categories of passengers on these routes.

2.3. Medical evacuation and disasters

In all circumstances, medical evacuation procedures are given
priority when embarking passengers on the next departing
flight. The general conditions applicable to the carriage of such
passengers are specified in the annex.

In addition, in the event of a disaster, carriers must make every
effort to resume the service as quickly as possible and to adapt
it to the transport requirements.

2.4. Flight cancellations

Advance notice of any flight cancelled must be given to the
Direction Générale de l'Aviation Civile (Directorate-General
for
Civil Aviation).

Except in cases of force majeure, the number of flights cancelled
for reasons directly attributable to the carrier must not exceed
10 % of the number of flights scheduled in any IATA sche-
duling season in the approved operating schedule.

The carrier must give at least six months' notice before discon-
tinuing these services.

2.5. Monitoring and inspection

For each of the services operated, the air carriers must each
month send the Direction Générale de l'Aviation Civile the
operating schedule carried out and detailed weekly statistics:
number of seats offered, flights operated, numbers of children
and unaccompanied children carried, numbers of children per
age category (less than two years old, two to twelve and twelve
to eighteen). The air companies must also provide quarterly
statistics on the breakdown of the capacity and the number of
passengers carried in each fare category, as well as the overall
result, including the total number of persons carried, how par-
ticular fares were applied, the company's commercial policy to
assist sick, handicapped or injured persons, or persons accom-
panying them, as well as persons required to travel due to the
death of a close relative.

In accordance with Article 4(1)(j) of Regulation (EEC) No 2408/
92, an air carrier may offer seat-only sales (i.e. direct sale to the
public by the air carrier, his approved agent or a charterer,
excluding any other associated service such as accommodation)
only if the air service in question meets all the requirements of
the public service obligation.

The following are not subject to these public service obliga-
tions:

— charter flights in which all the seats are placed for sale at a

lump-sum purchase price,

— flights carrying only freight,

— flights using aircraft with less than 20 seats.

Community carriers are hereby informed that the operation of
air services without due regard to these public service obliga-
tions may result in the application of the penalties provided for
in the rules in force.

C 149/6

EN

Official Journal of the European Union

21.6.2005

ANNEX

The carriage of sick and injured passengers

In the context of these public service obligations, the air carrier must undertake to carry sick and injured passengers in
accordance with the following rules and conditions:

A. Compulsory medical certificate

A sick or injured passenger will only be carried if the person concerned is able to produce a letter of authorisation from
a medical doctor approved by the carrier in cases where:

1. the person is suffering from a contagious disease as recognised by the carrier;

2. the person may, on account of a specific illness or handicap, display unusual behaviour or be in a physical condition

which may distress other passengers or crew members;

3. the person represents a potential risk to the safety or punctuality of the flight (including the potential need to re-

route the flight or make an unscheduled landing);

4. the person will need medical assistance and/or special equipment to be able to undertake the flight;

5. the person's physical condition may deteriorate during the flight, or because of it.

The carrier must set up a fast system to forward the medical authorisation to the booking services as quickly as possible.

B. Special fares

1. All categories of passenger, excluding those referred to in points 2 and 3 above, must be given the best fare available

for the flight taken.

2. Sick or injured passengers travelling on a stretcher:

— five times the best fare available on the flight taken,

— for persons accompanying: the best fare available for the flight taken.

3. For passengers with plaster casts on their legs who take up two seats:

— twice the best rate available on the flight in question.

4. Personal wheelchairs are permitted without surcharge and are carried free of charge.