Amendment by France of public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Paris-Orly airport   (Text with EEA relevance)
Date: 2005-06-21
Institutions: European Commission
Subjects: Corsica, Ile-de-France, airline, services of general interest

C 149/12

EN

Official Journal of the European Union

21.6.2005

Amendment by France of public service obligations imposed on scheduled air services between
Ajaccio, Bastia, Calvi and Figari, and Paris-Orly airport

(2005/C 149/06)

(Text with EEA relevance)

1.
Pursuant to the decision of the Corsican regional authori-
ties of 31 March 2005, France has decided to amend, from
30 October 2005, the public service obligations imposed on
scheduled air services between Paris-Orly on the one hand and
Ajaccio, Bastia, Calvi and Figari on the other, as published in
the Official Journal of the European Communities C 85 of 9 April
2002 pursuant to Article 4(1)(a) of Council Regulation (EEC)
No 2408/92 on access for Community air carriers to intra-
Community air routes.

In accordance with Article 9 of Council Regulation (EEC) No
95/93 of 18 January 1993 on common rules for the allocation
of slots at Community airports, the French authorities have
decided to reserve certain slots at Orly airport for the operation
of the abovementioned services.

The amended public service obligations take account of

2.
Corsica's island status and are as follows:

— from Monday to Friday, except for public holidays, in
each direction, in the morning and in the evening after
18.00,

— on Sunday, unless the following Monday is a public
holiday, on a flight after 18.00 from Corsica to Paris,

— on the last day of a long weekend where the day
before Saturday and/or after Sunday is a public
holiday, on a flight after 18.00 from Corsica to Paris,

— on a single-day public holiday occurring on Tuesday,
Wednesday or Thursday, on a flight after 18.00 from
Corsica to Paris.

(ii) The following minimum capacities must be offered and
indicated in the published timetables (total capacity in
both directions):

2.1. Minimum frequency, timetables, type of aircraft used

and capacity provided

— throughout the year, a basic capacity of 850 seats per

day,

(a) Between Paris-Orly and Ajaccio

Frequency

(i) At least three round trips per day Monday to Friday, except
on public holidays, with the timetables enabling passengers
to make a return trip the same day and spend at least
10 hours in Paris or 7 hours in Ajaccio.

(ii) At

least

three

evenly spread
round trips per day,
throughout the day, on Saturdays, Sundays and public holi-
days.

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris-Orly and Ajaccio.

— to this basic capacity should be added:

— 1 200 seats per day during a ten-week period from

late June to early September,

— 600 seats per day from late March to late October
(excluding the ten-week period referred to above).

(iii) In view of the distribution of traffic peaks throughout the
year, due to school and public holiday dates (in particular
All Saints, Christmas, Easter, Ascension, bridging days, and
departing and returning summer holidaymakers), addi-
tional capacities (combined capacity for both directions)
must be offered, agreed in advance of each IATA sche-
duling season in a memorandum of understanding with
the Corsican Transport Board, focusing on:

— the first and last days of school holidays,

The capacity provided must satisfy the following conditions.

— a single-day holiday occurring on Tuesday, Wednesday

or Thursday and the day before that holiday,

(i) At least 160 seats must be provided in each direction
during the IATA summer scheduling season, and at least
140 seats during the IATA winter scheduling season:

— the day before and the last day of long weekends,
where the day before Saturday and/or after Sunday is a
public holiday.

21.6.2005

EN

Official Journal of the European Union

C 149/13

The minimum additional capacity is as follows:

— 12 000 seats to be allocated to traffic peaks during the

IATA winter scheduling season,

— during a ten-week period in summer (from late June to
early September): 2 800 seats per week, plus 10 000
additional seats over the period on flights tailored to
the calendar each year in order to cover extra demand
at the following peak times: early July, mid-July, late
July/early August, mid-August, and late August/start of
the school year,

— 33 000 seats to be allocated to peaks during the rest of
the IATA summer scheduling season (excluding the
ten-week period referred to above).

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

(b) Between Paris-Orly and Bastia

Frequency

(i) At least three round trips per day Monday to Friday, except
on public holidays, with the timetables enabling passengers
to make a return trip the same day and spend at least
10 hours in Paris or 7 hours in Bastia.

(ii) At

least

three

evenly spread
round trips per day,
throughout the day, on Saturdays, Sundays and public holi-
days.

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris-Orly and Bastia.

The capacity provided must satisfy the following conditions.

(i) At least 160 seats must be provided in each direction
during the IATA summer scheduling season, and at least
140 seats during the IATA winter scheduling season:

— from Monday to Friday, except for public holidays, in
each direction, in the morning and in the evening after
18.00,

— on Sunday, unless the following Monday is a public
holiday, on a flight after 18.00 from Corsica to Paris,

(ii) The following minimum capacities must be offered and
indicated in the published timetables (total capacity in
both directions):

— throughout the year, a basic capacity of 850 seats per

day,

— to this basic capacity should be added:

— 800 seats per day during a ten-week period from

late June to early September,

— 250 seats per day from late March to late October
(excluding the ten-week period referred to above).

(iii) In view of the distribution of traffic peaks throughout the
year, due to school and public holiday dates (in particular
All Saints, Christmas, Easter, Ascension, bridging days, and
departing and returning summer holidaymakers), addi-
tional capacities (combined capacity for both directions)
must be offered, agreed in advance of each IATA sche-
duling season in a memorandum of understanding with
the Corsican Transport Board, focusing on:

— the first and last days of school holidays,

— a single-day holiday occurring on Tuesday, Wednesday

or Thursday and the day before that holiday,

— the day before and the last day of

long weekends
where the day before Saturday and/or after Sunday is a
public holiday.

The minimum additional capacity is as follows:

— 10 000 seats to be allocated to traffic peaks during the

IATA winter scheduling season,

— during a ten-week period in summer (from late June to
early September): 2 000 seats per week, plus 10 000
additional seats over the period on flights tailored to
the calendar each year in order to cover extra demand
at the following peak times: early July, mid-July, late
July/early August, mid-August, and late August/start of
the school year,

— on the last day of a long weekend where the day
before Saturday and/or after Sunday is a public
holiday, on a flight after 18.00 from Corsica to Paris,

— 33 000 seats to be allocated to peaks during the rest of
the IATA summer scheduling season (excluding the
ten-week period referred to above).

— on a single-day public holiday occurring on Tuesday,
Wednesday or Thursday, on a flight after 18.00 from
Corsica to Paris.

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

C 149/14

EN

Official Journal of the European Union

21.6.2005

(c) Between Paris-Orly and Calvi

Frequency

(i) At least five round trips per week,

including three from
Friday to Sunday and one mid-week, with the capacity to
carry at least 140 passengers each way on each of the days
in question, during the IATA winter scheduling season.

(ii) In view of the distribution of traffic peaks throughout the
year, due to school and public holiday dates (in particular
All Saints, Christmas, Easter, Ascension, bridging days, and
departing and returning summer holidaymakers), additional
capacities (combined capacity for both directions) must be
offered, agreed in advance of each IATA scheduling season
in a memorandum of understanding with the Corsican
Transport Board, focusing on:

— the first and last days of school holidays,

(ii) At least one round trip per day, with the capacity to carry
at least 140 passengers, during the IATA summer sche-
duling season.

— a single-day holiday occurring on Tuesday, Wednesday

or Thursday and the day before that holiday,

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris-Orly and Calvi.

— the day before and the last day of long weekends where
the day before Saturday and/or after Sunday is a public
holiday.

The capacity provided must satisfy the following conditions.

The minimum additional capacity is as follows:

(i) The following minimum capacities must be offered and
indicated in the published timetables (total capacity in both
directions):

— a basic capacity of 1 400 seats per week throughout the

year,

— from the end of March to the end of October, the
minimum capacity must be at least 140 seats in the
afternoon:

— on Fridays from Paris to Calvi,

— on Sunday, unless the following Monday is a public

holiday, from Calvi to Paris,

— where the day before Saturday and/or after Sunday
is a public holiday, on the day before the long
weekend from Paris to Calvi and on the last day of
the long weekend from Calvi to Paris,

— 2 000 seats to be allocated to traffic peaks during the

IATA winter scheduling season,

— during a ten-week period in summer (from late June to
early September): 1 900 seats per week, plus 7 300
additional seats over the period on flights tailored to
the calendar each year in order to cover extra demand
at the following peak times: early July, mid-July,
late
July/early August, mid-August, and late August/start of
the school year,

— 15 000 seats to be allocated to peaks during the rest of
the IATA summer scheduling season (excluding the ten-
week period referred to above).

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

— on the day before a public holiday from Paris to
Calvi and on the public holiday itself from Calvi to
Paris in the case of a single-day public holiday
occurring on Tuesday, Wednesday or Thursday;

Frequency

(d) Between Paris-Orly and Figari

— to this basic capacity should be added:

— 2 800 seats per week during a ten-week period

from late June to early September,

(i) At least five round trips per week,

including three from
Friday to Sunday, with the capacity to carry at least 140
passengers each way on each of
the days in question,
during the IATA winter scheduling season.

— 650 seats per week from late March to late October
(excluding the ten-week period referred to above).

(ii) At least seven round trips per week with the capacity to
carry at least 140 passengers each way on each of the days
in question, during the IATA summer scheduling season.

21.6.2005

EN

Official Journal of the European Union

C 149/15

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris-Orly and Figari.

— the day before and the last day of long weekends where
the day before Saturday and/or after Sunday is a public
holiday.

The capacity provided must satisfy the following conditions.

The minimum additional capacity is as follows:

(i) The following minimum capacities must be offered and
indicated in the published timetables (total capacity in both
directions):

— 2 000 seats to be allocated to traffic peaks during the

IATA winter scheduling season,

— a basic capacity of 1 490 seats per week throughout the

year,

— throughout the year, there must be sufficient capacity

to carry at least 160 passengers after 18.00:

— on Fridays from Paris to Figari,

— during a ten-week period in summer (from late June to
early September): 1 900 seats per week, plus 7 300
additional seats over the period on flights tailored to
the calendar each year in order to cover extra demand
at the following peak times: early July, mid-July,
late
July/early August, mid-August, and late August/start of
the school year,

— on Sunday, unless the following Monday is a public

holiday, from Figari to Paris,

— 15 000 seats to be allocated to peaks during the rest of
the IATA summer scheduling season (excluding the ten-
week period referred to above).

— where the day before Saturday and/or after Sunday
is a public holiday, on the day before the long
weekend from Paris to Figari and on the last day of
the long weekend from Figari to Paris,

— on the day before a public holiday from Paris to
Figari and on the public holiday itself from Figari to
Paris in the case of a single-day public holiday
occurring on Tuesday, Wednesday or Thursday;

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

— to this basic capacity should be added:

2.2. Fares

— 2 800 seats per week during a ten-week period

from late June to early September,

— 650 seats per week from late March to late October
(excluding the ten-week period referred to above).

The following fares exclude distribution costs and per capita
taxes and duties levied by the State,
local authorities and
airport authorities, and identified as such on the air ticket, but
include value added tax (VAT) on the mainland section of the
route.

(ii) In view of the distribution of traffic peaks throughout the
year, due to school and public holiday dates (in particular
All Saints, Christmas, Easter, Ascension, bridging days, and
departing and returning summer holidaymakers), additional
capacities (combined capacity for both directions) must be
offered, agreed in advance of each IATA scheduling season
in a memorandum of understanding with the Corsican
Transport Board, focusing on:

— the first and last days of school holidays,

— a single-day holiday occurring on Tuesday, Wednesday

or Thursday and the day before that holiday,

— The normal single fare on routes between Paris-Orly and
Corsica must be no more than EUR 136, and no more than
EUR 167 during the ten-week period from late June to
early September.

— 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, other than resident
students under 27 years of age, must be entitled to a return
fare of EUR 136 all year round on all flights on routes
between Paris-Orly and Corsica, without capacity restric-
tion.

C 149/16

EN

Official Journal of the European Union

21.6.2005

— The following categories of passengers must be entitled to a
fare of EUR 75 per leg, increased to EUR 86 per leg during
the ten-week period from late June to early September, on
all flights on routes between Paris-Orly and Corsica:

(i) young persons (under 25 years old);

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

(iii) students under 27 years of age;

(iv) families (at

least

two members of

the same family

travelling together);

(v) disabled persons.

In respect of at least 50 % of daily capacity in each direction
on each route, carriers must authorise the sale of tickets at
the above fares to the above categories of passenger
without any restriction whatsoever until the last seat avail-
able has been sold.

For the above categories of passenger, and for residents of
Corsica, carriers may require tickets to be issued and paid
for by a deadline proportional to the period of advance
reservation, in accordance with a table drawn up for that
purpose.

If an abnormal and unforeseeable increase in the cost factors
affecting the operation of the routes takes place for which the
these maximum fares may be
carriers are not responsible,

raised in proportion to the increase. The new maximum fares
will be notified to the carriers operating the services and will
apply within an appropriate period. They will also be commu-
nicated forthwith to the European Commission for publication
in the Official Journal of the European Union.

2.3. Continuity of service

in cases of

force majeure,

Except
flights
cancelled for reasons directly attributable to the carrier must
not exceed 1 % of the number 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 any of these routes must
undertake to do so for at least 12 consecutive months.

The carrier may discontinue these services only on the first day
of an IATA winter scheduling season, and only after giving at
least six months' advance notice.

Community carriers should be aware that repeated serious
failure to fulfil the public service obligations mentioned above
may, in addition to incurring the stipulated administrative and/
or legal penalties, lead to their being banned from taking part
in any tender procedures organised by the Corsican regional
authorities for a period of at least 5 years.